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

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

Vol. 147 WASHINGTON, WEDNESDAY, DECEMBER 5, 2001 No. 167 House of Representatives The House met at 10 a.m. and was the Nation You design; the place where AMERICA NEEDS STIMULUS BILL called to order by the Speaker pro tem- Your promise is fulfilled. pore (Mr. GILLMOR). In turbulent times, Lord, do not (Mr. FOLEY asked and was given permission to address the House for 1 f allow us to lose our primal focus: It is You who will make us into a great Na- minute and to revise and extend his re- DESIGNATION OF THE SPEAKER tion. marks.) PRO TEMPORE In present circumstances of war and Mr. FOLEY. Mr. Speaker, how low The SPEAKER pro tempore laid be- economics, let us not simply react as if will the Democratic Party go? I read in fore the House the following commu- we alone counted, but guide us to wise- USA Today that the gentlewoman from nication from the Speaker: ly respond as a great Nation. By Your New York (Mrs. LOWEY), the chairman WASHINGTON, DC, blessing upon us and our daily work, of the DCCC, was planning on running December 5, 2001. make us a great people called to do ads blaming President Bush for the re- I hereby appoint the Honorable PAUL E. noble deeds and truly be a blessing cession, calling it his recession. Well, GILLMOR to act as Speaker pro tempore on upon the world both now and forever. for those Americans who are out of this day. Amen. work and unemployed, it is a personal J. DENNIS HASTERT, Speaker of the House of Representatives. recession; and I take great umbrage at f the gentlewoman for running ads at a f THE JOURNAL time when we are in a national crisis PRAYER fighting an evil enemy in Afghanistan The SPEAKER pro tempore. The The Chaplain, the Reverend Daniel P. and would make this a political oppor- Chair has examined the Journal of the tunity to attack our Commander in Coughlin, offered the following prayer: last day’s proceedings and announces Lord, we seek Your blessing upon all Chief. It is regrettable, it is shameful, to the House his approval thereof. and it is out of bounds. Members of the House of Representa- Pursuant to clause 1, rule I, the Jour- tives and the people of this Nation. nal stands approved. Mr. Speaker, Members should cease Once Abram responded to Your call these kind of play games and start of faith he was given Your promise: ‘‘I f working. On the other side of this will make you into a great nation. I building, the Senate dawdles, fails to will bless you and make your name so PLEDGE OF ALLEGIANCE address a stimulus bill because the ma- great that it shall be used in bless- The SPEAKER pro tempore. Will the jority leader wants to run for President ings.’’ gentleman from New York (Mr. of the United States. If he was Presi- You fulfilled Your promise to our fa- MCNULTY) come forward and lead the dent now, we would have real problems ther in faith even as now You fulfill House in the Pledge of Allegiance. because he cannot make a basic deci- Your promise in us and in our time. Mr. McNULTY led the Pledge of Alle- sion. I urge my colleagues to insist Ever since the founding of this Nation giance as follows: that the Senate pass a stimulus bill so in faith, You have blessed this land and I pledge allegiance to the Flag of the we can repair the economy and move its people. As in the past, so now and United States of America, and to the Repub- forward, and say to the Democrats and forever, we seek Your blessing and lic for which it stands, one nation under God, the DCCC, take your ads and shove hope that these United States will be indivisible, with liberty and justice for all. them.

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H8845

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.000 pfrm01 PsN: H05PT1 H8846 CONGRESSIONAL RECORD — HOUSE December 5, 2001 all levels of the military courts and ul- HOMELAND SECURITY NEEDS TO ANNOUNCEMENT BY THE SPEAKER timately to the United States Supreme BE STRENGTHENED PRO TEMPORE Court. (Mrs. CHRISTENSEN asked and was The SPEAKER pro tempore. Mem- I remind my colleagues that Presi- given permission to address the House bers are reminded not to criticize the dent Bush’s decision to use military for 1 minute and to revise and extend Senate in their remarks. tribunals as a means of bringing terror- her remarks.) f ists to justice has historical precedence dating back to Presidents Franklin Mrs. CHRISTENSEN. Mr. Speaker, CONGRATULATIONS TO THE Roosevelt, Abraham Lincoln, and even the war that our country is waging in UNIVERSITY OF TENNESSEE George Washington. response to the attacks of September 11 and to eliminate the terrorists who (Mr. CLEMENT asked and was given Mr. Speaker, terrorists are not abid- are responsible for it is, without ques- permission to address the House for 1 ing by the rules of a civil society. They tion, necessary and important. But so minute and to revise and extend his re- should be held accountable for their ac- are our homeland security needs. marks.) tions as war criminals. The U.S. Customs Service, Immigra- Mr. CLEMENT. Mr. Speaker, Presi- f dent Bush has said let us get back to tion and Naturalization Service, the normal as much as we possibly can. We AMERICA’S STEEL INDUSTRY IS Coast Guard and regional defense had a football game, the gentleman DYING forces need more staff, assets and fund- from Tennessee (Mr. DUNCAN) and I (Mr. TRAFICANT asked and was ing. Our public health infrastructure, know, that happened in Florida be- given permission to address the House which will be our frontline biological tween the University of Tennessee and for 1 minute and to revise and extend and chemical defense, is full of holes Florida, and we had not beaten Florida his remarks.) and needs to be strengthened, espe- in 30 years in Florida, in Gainesville, Mr. TRAFICANT. Mr. Speaker, Con- cially in poor communities. but we won that battle. gress has bailed out everybody, air- Our children, who must be prepared Mr. Speaker, we were an 18-point un- lines, insurance companies, even car to carry out the long-term security derdog, but we did very well and now makers. Chrysler is now owned by Ger- mission, are being undereducated in are playing for the SCC championship, mans. Bailout for almost everyone ex- rundown schools and need a major in- and I want to congratulate the Univer- cept America’s steel industry, which is vestment of our time and capital. sity of Tennessee, my alma mater. I am dying. Since 1998, 25 American steel The biggest obstacles to meeting our a former college president at Cum- companies have filed for bankruptcy, obligations for security for our commu- berland University, and I want my col- with thousands and thousands of unem- nities, including access to quality leagues to know that we hold the dis- ployed steelworkers losing their bene- health care and a sound education for tinction at Cumberland of being de- fits, losing their health care, losing our children, is the tax cut. The insist- feated worse in football than any other their families, losing their homes. Un- ence that we move forward and, worse, school in America: Cumberland 0, Geor- believable. Meanwhile, Daimler Chrys- move it up at this time is putting our gia Tech 222. ler is now lighting up cigars. Beam me country and every citizen at risk. If Members want to know more about up. Mr. Speaker, we need to roll back the that game, there is a book written Mr. Speaker, I yield back the fact tax cut so that we can properly prepare about that game, ‘‘You Dropped It, You that America cannot build smart this country to meet our critical Pick It Up.’’ One of the Cumberland bombs with Styrofoam; and we had bet- health, education and security needs. players dropped the ball during the ter take a look at our domestic ability game. The Cumberland player said, to produce steel for our national de- f ‘‘Pick it up, pick it up.’’ Another Cum- fense. berland player said, ‘‘You dropped it, f you pick it up.’’ PASS TRADE PROMOTION AUTHORITY f CLONING BAN MUST BE PASSED BY SENATE (Mr. LINDER asked and was given ANNOUNCEMENT BY THE SPEAKER (Mr. PITTS asked and was given per- permission to address the House for 1 PRO TEMPORE mission to address the House for 1 minute and to revise and extend his re- The SPEAKER pro tempore. The pre- minute and to revise and extend his remarks.) vious speaker and all Members are remarks.) Mr. LINDER. Mr. Speaker, more than minded to observe proper decorum in Mr. PITTS. Mr. Speaker, Congress’ 95 percent of the world’s population the House during 1-minute speeches. job is to represent the people. That lives outside of the United States. For f does not mean that we should be a rub- most American businesses this means ber stamp for every poll that is taken. that, in order to remain competitive, MILITARY TRIBUNALS The American people expect us to exer- they must be allowed to market their (Mr. GIBBONS asked and was given cise our judgment; and, in fact, that is goods and services across borders. This permission to address the House for 1 our constitutional duty. But when the is particularly true for small business. minute and to revise and extend his re- Gallup organization tells us that 88 There are more than 25 million small marks.) percent of the American people oppose businesses in America, and they em- Mr. GIBBONS. Mr. Speaker, much de- cloning, it is pretty hard to deny the ploy more than half the country’s pri- bate has occurred recently on Presi- will of this country. vate workforce. Small businesses cre- dent Bush’s decision to utilize military Mr. Speaker, creating human life ate three out of four new jobs and ac- tribunals to hold all terrorists respon- through cloning is unethical, and it is count for half of the America’s annual sible for their actions. I come to the bad science. Creating human life with economic production. Undoubtedly, floor to state my whole-hearted sup- the intent to kill it in experiments is small businesses are vital to the United port for his decision. Let us get one even worse. Yet that is the justifica- States, and trade in turn is vital to thing straight. Terrorists do not, by tion we are hearing. The scientists that them. definition, conduct themselves as law- are cloning human beings say that it is Mr. Speaker, nearly 97 percent of ful combatants. They began this war okay as long as they kill them off be- U.S. merchandise exporters are small- with us; and, consequently, they should fore they reach maturity. That is sick. and medium-sized businesses. Compa- be treated as war criminals if captured. It is time to demonstrate that at least nies with less than 20 employees ac- Mr. Speaker, I strongly disagree with we can still tell right from wrong. count for more than two-thirds of all the arguments of the other side that Mr. Speaker, the House has already U.S. exporting firms. Further, the say using military tribunals would not passed a ban on human cloning. The number of American small businesses ensure a fair trial. To the contrary, it other body needs to act immediately. that export grew by more than 200 per- allows for an appeals process through There is no time to wait. cent between 1987 and 1997.

VerDate 05-DEC-2001 00:47 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.002 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8847 The United States is the single most template information so they could not producing those goods and services. competitive nation in the world. To- be used by others. This plan would be The fact is, Mr. Speaker, that the morrow, Congress will have an oppor- similar to security systems used in American workforce is the most pro- tunity to enable America’s small busi- very sensitive areas by the Department ductive workforce in the world. If we nesses to prove their global competi- of Defense. are given a chance to compete, we win. tiveness. We must pass Trade Pro- I want to encourage and urge the Let us give this President the oppor- motion Authority and allow our small FAA to work closely with the National tunity to open up those markets, give businesses to compete. Air Transportation Association in this our workers the opportunity to com- f effort to decrease delays and, at the pete and let people get back to work. same time, increase security in a very f PASS TRADE PROMOTION low-cost way at our Nation’s airports. AUTHORITY BEEFING UP RESEARCH TO f STIMULATE ECONOMIC GROWTH (Mr. PENCE asked and was given per- SUPPORT TRADE PROMOTION mission to address the House for 1 (Mr. SMITH of Michigan asked and AUTHORITY minute and to revise and extend his re- was given permission to address the marks.) (Mr. ISAKSON asked and was given House for 1 minute and to revise and Mr. PENCE. Mr. Speaker, I, too, rise permission to address the House for 1 extend his remarks.) in strong support of the bipartisan minute and to revise and extend his re- Mr. SMITH of Michigan. Mr. Speak- Trade Promotion Authority that this marks.) er, yesterday I introduced a bill, H.R. House will take up tomorrow. Just like Mr. ISAKSON. Mr. Speaker, 10 weeks 3400, that I think moves in the direc- a labor union designates one person to ago this Congress, with one lone dis- tion of establishing spending priorities. negotiate its contract with manage- senting vote, granted the President of That legislation provides for beefing up ment, America needs one voice empow- the United States the authority to the kind of research that is going to ered to put our interest first at the send our sons and daughters in harm’s stimulate economic growth. A com- world trade negotiating table. way, to root out and bring justice to panion bill develops extra protection As my colleague from Georgia just the terrorists or take justice to them. against cyber terrorism. expressed so well, Trade Promotion Au- Tomorrow, this House will have the I chair the Subcommittee on Re- thority is in the interest of small busi- chance to vote on Trade Promotion Au- search of the Committee on Science. ness. Ninety percent of exports come thority for our President, an exact The bill increases our emphasis on from companies with less than 500 em- comparable authority for the President basic research for information tech- ployees. For every $1 billion in in- of the United States to do for the glob- nology and networking, which has been creased exports, we create 20,000 new al economy what we have allowed him so important in our economic expan- jobs that pay an average of 17 percent to do militarily across the ocean and in sion. The other bill increases our re- more than the domestic economy. Afghanistan. search effort to counter Mr. Speaker, the only question for If there were ever a time for us to en- cyberterrorism. We will take up these my colleagues is simply this: Do Mem- sure prosperity in the long-term in the two bills tomorrow in the Committee bers trust this President to put Amer- 21st century, it is to give the President on Science. ica’s interests first at the trade negoti- the same power to make the American As we approach additional spending ating table? I say proudly, along with economy the strongest weapon for on defense, we need to understand that some 80 percent of the American peo- peace and security and for employment defense spending has gone down while ple, I trust this President. President of all our citizens. social spending since 1991 has increased Bush deserves a vote of confidence I urge my colleagues to support by about 30 percent; and we need to from this House. He deserves Trade Trade Promotion Authority tomorrow start setting priorities that are going Promotion Authority, and I urge a when it reaches the floor of the House to help the two main goals that this ‘‘yes’’ vote tomorrow. of Representatives. Congress should be looking at: one is f the defense and security of the people f of this country, and the other is con- CREATING AN ENVIRONMENT OF b 1015 tinued economic growth. GROWTH DECREASING DELAY AND IN- Our goal should be to reduce spending that (Mr. TOOMEY asked and was given is lower priority so as to accommodate secu- CREASING SECURITY AT AIR- permission to address the House for 1 PORTS rity and economic needs without mounting minute and to revise and extend his re- huge deficits. (Mr. DUNCAN asked and was given marks.) f permission to address the House for 1 Mr. TOOMEY. Mr. Speaker, we all minute and to revise and extend his re- know we have got a weak economy SMALL BUSINESS AND TRADE IN marks.) right now. The slowdown that began in ILLINOIS Mr. DUNCAN. Mr. Speaker, I rise September of 2000 accelerated in Sep- (Mrs. BIGGERT asked and was given today to commend the National Air tember of 2001, and the result is that permission to address the House for 1 Transportation Association and its hundreds of thousands of Americans minute and to revise and extend her re- leader, James K. Coyne, for coming up have lost their jobs as a result. marks.) with an innovative Sky ID program. What is our responsibility in Con- Mrs. BIGGERT. Mr. Speaker, today I This plan would identify frequent fly- gress? I think it is to help to create an rise to talk about the success of a ers on commercial and general aviation environment of growth and hope and small business in Illinois, a business planes and aviation personnel who opportunity to enable our neighbors to that can continue to offer products and could be classified as trusted travelers. get back to work, and there are two services to foreign markets if we pass They would have to undergo an inten- vital ways we can do that. H.R. 3005, a bill to renew Trade Pro- sive background check to be included One is to pass an economic stimulus motion Authority. in this program, but it would be com- package that lowers the tax burdens W.S. Darley & Company, a Melrose pletely voluntary, and people would be that are keeping people out of work. Park, Illinois-based, family-owned free to choose whether to participate We have done that in the House. The small business will have to hire more or not. Their carry-on and other bags President supports that. I hope the rest workers to fill a $12.8 million order for would still be screened, but this plan of the necessary steps are taken soon. 40 fire trucks, spare parts and services would be a significant step toward the The second thing we can do is pass from the Ghana National Fire Service. goal of shortening the lines and reduc- Trade Promotion Authority tomorrow. The company, founded in 1908, over- ing the delays at our Nation’s airports. Give this President the authority to came stiff foreign competition to win The plan would use advanced digital lower the barriers to open up foreign Ghana’s government contract, which is identification technology and would markets to American goods and serv- expected to lead to substantial addi- produce smart cards with biometric ices and help people get back to work tional business.

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.007 pfrm01 PsN: H05PT1 H8848 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Passing H.R. 3005 is a necessary step values of the working men and women ways had trade negotiating authority. in continuing to expand exports to for- of Minnesota’s fourth district, not to What TPA does is let us participate in eign markets, including new and abdicate my vote to the President. the process during the negotiating emerging marketplaces. W.S. Darley & I want an opportunity to have input process, with consultation before, dur- Company is just one of more than on agreements that promote global ing and after the agreement is reached 14,000 Illinois companies that rely on trade. Trade agreements are essential with another country. exports and are eager to find new op- to our economic well-being, to our role The important thing to keep in mind portunities in the global marketplace. as a global leader in promoting work- is we had President Clinton go forward Passing TPA will give U.S. negotiators ers’ rights, human rights and healthy with his executive authority to nego- the credibility they need to make environment. This Fast Track trade tiate that agreement with Jordan. He agreements that will create those op- authority requires no congressional ap- did bring it back, and we ultimately portunities. proval prior to the signing of a trade have the authority to vote it up or vote f agreement, only consultations. This it down; that authority is retained. body may only vote to certify that the I hope the gentlewoman will look at GRANT TRADE PROMOTION administration has failed to consult this, because TPA gives us greater op- AUTHORITY TO PRESIDENT with Congress. portunity for involvement in the proc- (Mr. OXLEY asked and was given I was not elected to Congress to be a ess than anything that we have done in permission to address the House for 1 consultant. We are the House of Rep- the past. Please, we need support on minute and to revise and extend his re- resentatives, not the House of Consult- both sides of the aisle. It is a bipar- marks.) ants. I urge my colleagues to oppose tisan issue. Mr. OXLEY. Mr. Speaker, I rise this H.R. 3005. f morning to speak on granting Trade f FREEZING COPAY FOR VETERANS’ Promotion Authority to the President. TIGHTENING BORDER CONTROL PRESCRIPTION COSTS Free trade is good for our overall economy; but as chairman of the Com- (Mr. GRAVES asked and was given (Mr. STRICKLAND asked and was mittee on Financial Services, I would permission to address the House for 1 given permission to address the House like to focus this morning on how im- minute and to revise and extend his re- for 1 minute and to revise and extend his remarks.) portant trade is to our country’s vital marks.) Mr. GRAVES. Mr. Speaker, we have Mr. STRICKLAND. Mr. Speaker, I financial services sector. taken many good steps since Sep- think veterans across this country Ambassador Zoellick gave a compel- tember 11 toward protecting our coun- would be upset to learn that at a time ling presentation to our committee try. As our focus returns to the domes- when we are giving multi-billion dollar just recently on the advantages of tic issues, let us not overlook one crit- tax breaks to wealthy corporations, we trade and services. Note, for example, ical piece missing from our Nation’s se- are in fact contemplating increasing that our financial services trade sur- curity plan, tightening border control. the cost of prescription medications plus was $8.88 billion last year. That is Each day, countless travelers freely available to our veterans by a whoop- a surplus. Financial services exports cross our borders without proving their ing 250 percent. We are in the process have seen an overall net increase of 273 right to be in our country. Our ability of increasing the copay for our vet- percent over the last 10 years. to screen these people, even when this erans from $2 per prescription to $7 per Clearly, we want to encourage con- is an option, is severely compromised prescription. tinued growth in this vital industry. In and must be addressed by bolstering Now, many veterans receive 10 or my home State of Ohio, Columbus has the technology and intelligence capa- more prescriptions per month. Ten had the distinction of being one of the bilities at our ports of entry. times seven is $70 a month. This is ab- fastest growing cities in the country, I, along with some of my colleagues, solutely outrageous and unacceptable, partly because of its emergence as a fi- have introduced the Enhanced Border when we are providing billions of dol- nancial services center. But U.S. ex- Security Act to strengthen our border lars in tax breaks to profitable cor- ports of financial services also help to security and monitor foreign nationals, porations, we would burden the vet- promote the development of capital particularly those on student visas vis- erans in our country by increasing the markets, open economies and democ- iting our country. copay for their medications by 250 per- racy across the world. Our legislation would allow govern- cent. When the President does not have ment law enforcement and intelligence This House should support my bill, Trade Promotion Authority, other agencies to share background informa- H.R. 2820, which would freeze the copay countries are reluctant to enter into tion through a shared database. Addi- for 5 years at its $2 per prescription new agreements with the United tionally, this legislation will track for- level. States, so it is more difficult to get the eign students receiving visas from edu- f kind of trade agreements that open up cational institutions to ensure they are THANKING THOSE SERVING AND new markets for our financial services accounted for upon their arrival, dur- companies; and ultimately, that WHO HAVE SERVED IN THE MILI- ing their study, and when their visa ex- TARY threatens U.S. preeminence in the pires. international financial world. I urge my colleagues to join me in (Mr. SHIMKUS asked and was given We cannot afford to lose that stand- supporting this comprehensive legisla- permission to address the House for 1 ing. It is just one reason why this Con- tion that will help ensure the safety of minute and to revise and extend his re- gress needs to approve TPA tomorrow. our Nation. marks. Mr. SHIMKUS. Mr. Speaker, it has f f been quoted as saying that war is hell. OPPOSE FAST TRACK TRADE SUPPORT TRADE PROMOTION We mourn the reported deaths of our AUTHORITY AUTHORITY soldiers in Afghanistan. We know the (Ms. MCCOLLUM asked and was (Mr. CRANE asked and was given risks of combat. We know that wars given permission to address the House permission to address the House for 1 are fought and won on the battlefield, for 1 minute and to revise and extend minute and to revise and extend his re- and it is only on the rarest of occasion her remarks.) marks.) that in warfare we do not lose some of Ms. MCCOLLUM. Mr. Speaker, to- Mr. CRANE. Mr. Speaker, I just our own. morrow the House will vote on a bill heard the gentlewoman from Min- The military accepts these risks, the offered by the chairman of the Com- nesota commenting about Trade Pro- military and our government. We do mittee on Ways and Means which con- motion Authority, and there were a not like it, but it is reality. To serve cedes to the executive branch this couple of comments that she made that and protect, that is what they do. body’s constitutional authority to ne- I think need clarification. Duty, honor, country. Our liberty is gotiate trade agreements. My role in One of these is the President has paid for by the blood of our sons and Congress is to represent the voices and trade negotiating authority and has al- daughters.

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.009 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8849 I pause to thank those who are serv- The Chair hears none and, without Mr. OBEY. Mr. Speaker, continuing ing in the military and those who have objection, appoints the following con- under my reservation, I would like to served in the past. ferees: ask the gentleman several questions. f From the Permanent Select Com- It is my understanding that the de- mittee on Intelligence, for consider- fense appropriations bill, and I do this APPOINTMENT OF CONFEREES ON ation of the House bill and the Senate because I think there are a lot of unre- H.R. 2883, INTELLIGENCE AU- amendment, and modifications com- alistic expectations which are being di- THORIZATION ACT FOR FISCAL mitted to conference: Messrs. GOSS, BE- rected at this committee by people who YEAR 2002 REUTER, CASTLE, BOEHLERT, GIBBONS, I do not think have sufficient apprecia- Mr. GOSS. Mr. Speaker, I ask unani- LAHOOD, CUNNINGHAM, HOEKSTRA, BURR tion for the detailed work that is re- mous consent to take from the Speak- of North Carolina, and CHAMBLISS; Ms. quired in order to produce legislation er’s table the bill (H.R. 2883) to author- PELOSI, Mr. BISHOP, Ms. HARMAN, and on, for instance, something as com- ize appropriations for fiscal year 2002 Messrs. CONDIT, ROEMER, HASTINGS of plicated as the defense bill. for intelligence and intelligence-re- Florida, REYES, BOSWELL, and PETER- My understanding is that that bill is lated activities of the United States SON of Minnesota. 197 pages long and is expected, by the Government, the Community Manage- From the Committee on Armed Serv- time the Senate is finished delib- ment Account, and the Central Intel- ices, for consideration of defense tac- erating on it, to contain literally thou- ligence Agency Retirement and Dis- tical intelligence and related activi- sands of differences between the House ability System, and for other purposes, ties: Messrs. STUMP, HUNTER and SKEL- and the Senate; is that not correct? with a Senate amendment thereto, dis- TON. Mr. YOUNG of Florida. Mr. Speaker, agree to the Senate amendment, and There was no objection. the gentleman is correct. agree to the conference asked by the f Mr. OBEY. Mr. Speaker, let me ask Senate. GENERAL LEAVE another question under my reserva- Mr. GIBBONS. Mr. Speaker, since Sep- tion. Assuming that the Senate could tember 11, all Americans have witnessed our Mr. YOUNG of Florida. Mr. Speaker, pass the Department of Defense bill intelligence community at its best. I ask unanimous consent that all Mem- immediately, how long, in the gentle- We have witnessed their loss, our first com- bers may have 5 legislative days within man’s experience, does it usually take bat loss of an American hero in our war which to revise and extend their re- for the staff to put together the con- against terrorism, CIA agent Johnny ‘‘Mike’’ marks on H.J. Res. 76, and that I may ference notes so that members of the Spann. We must provide the resources need- include tabular and extraneous mate- conference understand what the dif- ed to combat terrorism at the most basic level, rial. ferences are, and how long does it take intelligence. The SPEAKER pro tempore. Is there usually after the conclusion of the con- This is a good bill. It provides significant re- objection to the request of the gen- ference for the staff to put together the sources to the intelligence community, which tleman from Florida? required papers so that we know that during the 1990s was underfinanced, under- There was no objection. what we vote on is what we actually staffed, and underappreciated. f The 1990s was a ‘‘risk averse’’ period, dur- agreed to in the conference? ing which the bullies of the world began to get FURTHER CONTINUING APPRO- Mr. YOUNG of Florida. Mr. Speaker, the idea that the United States had gone soft, PRIATIONS, FISCAL YEAR 2002 will the gentleman yield? and no longer had a will to defend American Mr. YOUNG of Florida. Mr. Speaker, Mr. OBEY. Surely. lives and American interests. I ask unanimous consent that the Com- Mr. YOUNG of Florida. Mr. Speaker, The intelligence community often was not mittee on Appropriations be discharged the answer is, of course it depends on performing aggressively enough, though this from further consideration of the joint the bill and the situation with that was by no means the fault of the dedicated resolution (H.J. Res. 76) making fur- bill. In the case of the defense bill that men and women who constitute the intel- ther continuing appropriations for the we are dealing with now, the basic bill, ligence agencies’ rank-and-file. fiscal year 2002, and for other purposes, the $317 billion defense bill, probably They are now doing a stupendous job of and ask for its immediate consider- will not be that difficult to conference. catchup, and they deserve the best support ation in the House. Where there will be difficulty will be in we can give them. The Clerk read the title of the joint the $20 billion supplemental that we Regarding today’s needs, we are providing resolution. have dealt with here in the House and logistical and technical resources for a world- The SPEAKER pro tempore. Is there that the other body is now dealing with wide campaign to root out terrorism. objection to the request of the gen- and is possibly changing considerably. Our intelligence officers are working on the tleman from Florida? So it could take 4 or 5 working days, or ground in Afghanistan, as the American public Mr. OBEY. Mr. Speaker, reserving longer, just to get that bill ready to go is now aware—sadly aware with the news of the right to object, I would first yield to conference. our fallen CIA hero. to the gentleman from Florida for an Once the agreements are actually What the American public will probably explanation of his request, after which reached in conference, it could take as never know is that American intelligence offi- I have a series of questions I would like many as 10 days in order to complete cers are working around the clock, worldwide, to put to him about it. consideration of this bill. It is a major to neutralize terrorist cells and otherwise di- Mr. YOUNG of Florida. Mr. Speaker, bill. Of our discretionary accounts, it is minish the possibility of future attacks on inno- I thank the gentleman for yielding. half of our discretionary spending. In cent American citizens. This continuing resolution extends the most years we do not have a lot of dif- As for future needs, this bill provides re- current CR until December 15. The ferences going into conference on that sources for greater foreign language expertise, terms and conditions of the previous bill, but this year, because of the $20 increased specialized training, increased ana- CR will remain in effect. All ongoing billion supplemental that is a result of lytical expertise to include measures to restore activities will be continued at current the September 11 attacks, there are the intelligence community’s ability to provide rates under the same terms and condi- substantial differences between the worldwide analytical coverage. tions as fiscal year 2001, with the ex- House-passed bill and what the Senate This administration and this Congress are ception of the agencies covered by fis- is probably going to consider today or acutely aware of the need for a strong intel- cal year 2002 appropriations bills that tomorrow. ligence capability. We on the Intelligence have been enacted into law. Mr. OBEY. Mr. Speaker, continuing Committee have done our utmost to give the Mr. Speaker, this CR is non- under my reservation, I thank the gen- intelligence agencies what they need to do controversial, and I urge the House to tleman for his comments. I think that their job. move the legislation to the Senate so they are most accurate and, to me, I urge your support on this motion. that the government can continue to what it demonstrates is that, under the b 1030 operate smoothly and efficiently and so most optimistic assumptions, if the The SPEAKER pro tempore (Mr. that we can continue our work to fin- Senate could proceed virtually imme- GILLMOR). Is there objection to the re- ish those few regular appropriations diately to conclude its action on that quest of the gentleman from Florida? bills that are still remaining. bill, we are talking about at least a

VerDate 05-DEC-2001 01:04 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.011 pfrm01 PsN: H05PT1 H8850 CONGRESSIONAL RECORD — HOUSE December 5, 2001 week after that point before we could There was no objection. Clayton Hobson Moran (VA) possibly have this bill close to coming Clement Hoeffel Morella The Clerk read the joint resolution, Clyburn Hoekstra Murtha back to the House and probably a sig- as follows: Coble Holden Myrick nificant number of additional days. H.J. RES. 76 Collins Holt Nadler Combest Honda Napolitano I would add to that that, obviously, Resolved by the Senate and House of Rep- the Senate is not going to be in a posi- Condit Hooley Neal resentatives of the United States of America in Conyers Horn Nethercutt tion, based on what has been happening Congress assembled, That Public Law 107–44 is Cooksey Houghton Northup over there, to conclude this bill today. further amended by striking the date speci- Costello Hoyer Norwood So I have asked these questions, Mr. fied in section 107(c) and inserting in lieu Cox Hulshof Nussle Speaker, in order to indicate my judg- thereof ‘‘December 15, 2001’’. Coyne Hunter Oberstar Cramer Hyde Obey ment that the date of December 15 for The joint resolution was ordered to Crane Inslee Olver the expiration of this continuing reso- be engrossed and read a third time, was Crenshaw Isakson Ortiz lution is incredibly optimistic. I do not read the third time, and passed, and a Crowley Israel Osborne think it, in fact, recognizes reality, and Culberson Issa Ose motion to reconsider was laid on the Cunningham Istook Otter that it seems to me that if we are try- table. Davis (CA) Jackson (IL) Owens ing to extend this CR to the point Davis (FL) Jackson-Lee Oxley where we think that the Congress will f Davis (IL) (TX) Pallone actually finish its work for this year Davis, Jo Ann Jefferson Pascrell ANNOUNCEMENT BY THE SPEAKER Davis, Tom Jenkins Pastor that the date would have to be signifi- PRO TEMPORE Deal John Payne cantly later, I regret to say. DeGette Johnson (IL) Pence I would also say, continuing under The SPEAKER pro tempore. Pursu- Delahunt Johnson, E. B. Peterson (MN) my reservation, that with respect to ant to clause 8 of rule XX, the Chair DeLauro Jones (NC) Peterson (PA) the homeland security issue which the will now put the question on three mo- DeLay Jones (OH) Petri tions to suspend the rules on which fur- DeMint Kanjorski Phelps gentleman has mentioned, as I think Deutsch Kaptur Pickering has been obvious around this town for ther proceedings were postponed yes- Diaz-Balart Keller Pitts years, Congress often loses the off but- terday. Dicks Kelly Platts Votes will be taken in the following Dingell Kennedy (MN) Pombo ton at the end of the session. I do not Doggett Kennedy (RI) Pomeroy know who has it, but, obviously, it is a order: Dooley Kerns Portman whole lot easier to hit the start-up but- H. Con. Res. 242, by the yeas and Doolittle Kildee Price (NC) ton for a congressional session than it nays; Doyle Kilpatrick Pryce (OH) H.R. 3348, by the yeas and nays; Dreier Kind (WI) Putnam is to find the off button at the end of Duncan King (NY) Radanovich the year, and whoever has that off but- H. Con. Res. 102, by the yeas and Dunn Kirk Rahall ton, I wish they would come forward, nays. Edwards Kleczka Ramstad or we are going to be sitting here H. Res. 298 will be postponed until Ehlers Knollenberg Rangel later today. Ehrlich Kolbe Regula Christmas Eve still not having our Emerson LaFalce Rehberg work done. The Chair will reduce to 5 minutes Engel LaHood Reynolds I would also say that I think one of the time for any electronic vote after English Lampson Riley the keys to finding that off button is a the first such vote in this series. Eshoo Langevin Rivers willingness to compromise. I wish I Etheridge Lantos Rodriguez f Evans Largent Roemer thought I could see that on the part of Everett Larsen (WA) Rogers (KY) the White House, especially on the part RECOGNIZING RADIO FREE EU- Farr Larson (CT) Rogers (MI) of OMB, with respect to the homeland ROPE/RADIO LIBERTY’S SUCCESS Fattah Latham Rohrabacher Ferguson Leach Ros-Lehtinen security package. What is at stake in IN PROMOTING DEMOCRACY Filner Lee Ross that package is, very simply, the secu- The SPEAKER pro tempore. The un- Flake Levin Rothman rity of every American citizen on the Fletcher Lewis (CA) Roybal-Allard finished business is the question of sus- home front. With something that is Foley Lewis (GA) Royce pending the rules and agreeing to the Forbes Lewis (KY) Rush that important, in order for Congress concurrent resolution, H. Con. Res. 242. Ford Linder Ryan (WI) to finish its business on that item, for The Clerk read the title of the con- Fossella Lipinski Ryun (KS) instance, we need a spirit of coopera- Frank LoBiondo Sabo current resolution. tion on both sides. Frelinghuysen Lofgren Sanders I must say I do not find that kind of The SPEAKER pro tempore. The Frost Lowey Sandlin question is on the motion offered by Gallegly Lucas (KY) Sawyer spirit of cooperation coming from the Ganske Lucas (OK) Saxton White House on this item when we are the gentleman from Iowa (Mr. LEACH) Gekas Luther Schaffer called down to the White House for a that the House suspend the rules and Gephardt Lynch Schakowsky agree to the concurrent resolution, H. Gibbons Maloney (CT) Schiff meeting and, before we can get a word Gilchrest Maloney (NY) Schrock out of our mouths to explain what it is Con. Res. 242, on which the yeas and Gillmor Manzullo Scott that our concerns are about home- nays are ordered. Gilman Markey Sensenbrenner based security, we are told imme- The vote was taken by electronic de- Gonzalez Mascara Serrano vice, and there were—yeas 404, nays 1, Goode Matheson Sessions diately, ‘‘Fellows, no matter what you Goodlatte Matsui Shadegg are about to say, we are going to veto not voting 28, as follows: Gordon McCarthy (MO) Shaw anything that you are thinking before [Roll No. 469] Goss McCarthy (NY) Shays Graham McCollum Sherman we have even heard what it is you are YEAS—404 Granger McCrery Sherwood thinking of.’’ I do not think that is a Abercrombie Bereuter Brown (OH) Graves McDermott Shimkus way to promote compromise, and I do Ackerman Berkley Brown (SC) Green (TX) McGovern Shows not think that creates the right atmos- Aderholt Berry Bryant Green (WI) McHugh Shuster Akin Biggert Burr Greenwood McInnis Simmons phere for resolving differences. Allen Bilirakis Burton Grucci McIntyre Simpson So I would simply say that I believe Armey Bishop Buyer Gutknecht McKeon Skeen that, while I am not going to object to Baca Blagojevich Callahan Hall (OH) McKinney Skelton this, Mr. Speaker, I think December 15 Bachus Blumenauer Calvert Hall (TX) McNulty Slaughter Baird Blunt Camp Hansen Meeks (NY) Smith (MI) is unreasonably optimistic, unless we Baker Boehlert Cannon Harman Menendez Smith (NJ) have a major attitude adjustment on Baldacci Boehner Cantor Hart Mica Smith (TX) the part of OMB, and I have not de- Baldwin Bonilla Capito Hastings (FL) Millender- Smith (WA) tected a spectacular capacity of that Ballenger Bonior Capps Hastings (WA) McDonald Snyder Barcia Bono Capuano Hayes Miller, Dan Solis agency to provide that. Barr Borski Cardin Hayworth Miller, Gary Spratt Mr. OBEY. Mr. Speaker, I withdraw Barrett Boswell Carson (IN) Herger Miller, George Stark my reservation of objection. Bartlett Boucher Carson (OK) Hill Miller, Jeff Stearns The SPEAKER pro tempore. Is there Barton Boyd Castle Hilleary Mink Stenholm Bass Brady (PA) Chabot Hilliard Mollohan Strickland objection to the request of the gen- Becerra Brady (TX) Chambliss Hinchey Moore Stump tleman from Florida? Bentsen Brown (FL) Clay Hinojosa Moran (KS) Stupak

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.053 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8851 Sununu Toomey Watt (NC) [Roll No. 470] Pence Schakowsky Taylor (NC) Sweeney Towns Watts (OK) Peterson (MN) Schiff Terry Tancredo Traficant Weiner YEAS—407 Peterson (PA) Schrock Thomas Tanner Turner Weldon (FL) Petri Scott Thompson (CA) Abercrombie Dicks Kaptur Tauscher Udall (CO) Weller Phelps Sensenbrenner Thompson (MS) Ackerman Dingell Keller Tauzin Udall (NM) Wexler Pickering Serrano Thornberry Aderholt Doggett Kelly Taylor (MS) Upton Whitfield Pitts Sessions Thune Akin Dooley Kennedy (MN) Taylor (NC) Velazquez Wicker Platts Shadegg Tiahrt Allen Doolittle Kennedy (RI) Terry Visclosky Wilson Pombo Shaw Tiberi Thompson (CA) Vitter Wolf Armey Doyle Kerns Pomeroy Shays Tierney Thompson (MS) Walden Woolsey Baca Dreier Kildee Portman Sherman Toomey Thornberry Walsh Wu Bachus Duncan Kilpatrick Price (NC) Sherwood Towns Thune Wamp Wynn Baird Dunn Kind (WI) Pryce (OH) Shimkus Traficant Tiahrt Waters Young (FL) Baker Edwards King (NY) Putnam Shows Turner Tiberi Watkins (OK) Baldacci Ehlers Kirk Radanovich Shuster Udall (CO) Tierney Watson (CA) Baldwin Ehrlich Kleczka Ramstad Simmons Udall (NM) Ballenger Emerson Knollenberg Rangel Simpson Upton NAYS—1 Barcia Engel Kolbe Regula Skeen Velazquez Barr Paul English LaFalce Rehberg Skelton Visclosky Barrett Eshoo LaHood Reynolds Slaughter Vitter NOT VOTING—28 Bartlett Etheridge Lampson Riley Smith (MI) Walden Barton Evans Langevin Andrews Johnson, Sam Roukema Rivers Smith (NJ) Walsh Bass Everett Lantos Berman Kingston Sanchez Rodriguez Smith (TX) Wamp Becerra Farr Largent Boozman Kucinich Souder Roemer Smith (WA) Waters Bentsen Fattah Larsen (WA) Cubin LaTourette Thomas Rogers (KY) Snyder Watkins (OK) Bereuter Ferguson Larson (CT) Cummings Meehan Thurman Rogers (MI) Solis Watson (CA) Berkley Filner Latham DeFazio Meek (FL) Waxman Rohrabacher Souder Watt (NC) Berry Flake Leach Gutierrez Ney Weldon (PA) Ros-Lehtinen Spratt Watts (OK) Biggert Fletcher Lee Hefley Pelosi Young (AK) Ross Stark Weiner Bilirakis Foley Levin Hostettler Quinn Rothman Stearns Weldon (FL) Bishop Forbes Lewis (CA) Johnson (CT) Reyes Roybal-Allard Stenholm Weller Blagojevich Ford Lewis (GA) Royce Strickland Wexler Blumenauer Fossella Lewis (KY) Rush Stump Whitfield b 1106 Blunt Frank Linder Ryan (WI) Stupak Wicker Boehlert Frelinghuysen Lipinski Ryun (KS) Sununu Wilson Mr. OXLEY changed his vote from Boehner Frost LoBiondo Sabo Sweeney Wolf ‘‘nay’’ to ‘‘yea.’’ Bonilla Gallegly Lofgren Sanders Tancredo Woolsey So (two-thirds having voted in favor Bonior Ganske Lowey Sandlin Tanner Wynn Bono Gekas Lucas (KY) Sawyer Tauscher Young (FL) thereof) the rules were suspended and Boozman Gephardt Lucas (OK) Saxton Tauzin the concurrent resolution was agreed Borski Gibbons Luther Schaffer Taylor (MS) to. Boswell Gilchrest Lynch Boucher Gillmor Maloney (CT) ANSWERED ‘‘PRESENT’’—2 The result of the vote was announced Boyd Gilman Maloney (NY) Rahall Wu as above recorded. Brady (PA) Gonzalez Manzullo A motion to reconsider was laid on Brady (TX) Goode Markey NOT VOTING—24 Brown (FL) Goodlatte Mascara Andrews Johnson (CT) Quinn the table. Brown (OH) Gordon Matheson Berman Johnson, Sam Reyes Stated for: Brown (SC) Goss Matsui Cubin Kingston Roukema Bryant Graham McCarthy (MO) Mrs. JOHNSON of Connecticut. Mr. Speak- DeFazio Kucinich Sanchez Burr Granger McCarthy (NY) er, on rollcall No. 469 I was unavoidably de- Gutierrez LaTourette Thurman Burton Graves McCollum Harman Meehan Waxman tained. Had I been present, I would have Buyer Green (TX) McCrery Hostettler Meek (FL) Weldon (PA) voted ‘‘yea.’’ Callahan Green (WI) McDermott Hunter Ney Young (AK) Calvert Greenwood McGovern f Camp Grucci McHugh Cannon Gutknecht McInnis b 1117 Cantor Hall (OH) McIntyre So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER Capito Hall (TX) McKeon thereof) the rules were suspended and PRO TEMPORE Capps Hansen McKinney Capuano Hart McNulty the bill was passed. The SPEAKER pro tempore (Mr. Cardin Hastings (FL) Meeks (NY) The result of the vote was announced Carson (IN) Hastings (WA) Menendez GILLMOR). Pursuant to the provisions as above recorded. Carson (OK) Hayes Mica of clause 8 of rule XX, the Chair an- Castle Hayworth Millender- A motion to reconsider was laid on nounces that he will reduce to 5 min- Chabot Hefley McDonald the table. utes the period of time within which a Chambliss Herger Miller, Dan Stated for: Clay Hill Miller, Gary vote by electronic device will be taken Clayton Hilleary Miller, George Mrs. JOHNSON of Connecticut. Mr. Speak- on each question on which the Chair Clement Hilliard Miller, Jeff er, on rollcall No. 470 I was unavoidably de- has postponed further proceedings. Clyburn Hinchey Mink tained. Had I been present, I would have Coble Hinojosa Mollohan Collins Hobson Moore voted ‘‘yea.’’ f Combest Hoeffel Moran (KS) f Condit Hoekstra Moran (VA) GEORGE P. SHULTZ NATIONAL Conyers Holden Morella HUNGER TO HARVEST: DECADE OF Cooksey Holt Murtha FOREIGN AFFAIRS TRAINING Costello Honda Myrick SUPPORT FOR SUB-SAHARAN AF- CENTER Cox Hooley Nadler RICA RESOLUTION Coyne Horn Napolitano The SPEAKER pro tempore. The un- Cramer Houghton Neal The SPEAKER pro tempore (Mr. finished business is the question of sus- Crane Hoyer Nethercutt GILLMOR). The unfinished business is pending the rules and passing the bill, Crenshaw Hulshof Northup the question of suspending the rules Crowley Hyde Norwood H.R. 3348. Culberson Inslee Nussle and agreeing to the concurrent resolu- The Clerk read the title of the bill. Cummings Isakson Oberstar tion, H. Con. Res. 102, as amended. The SPEAKER pro tempore. The Cunningham Israel Obey The Clerk read the title of the con- question is on the motion offered by Davis (CA) Issa Olver current resolution. Davis (FL) Istook Ortiz the gentleman from Iowa (Mr. LEACH) Davis (IL) Jackson (IL) Osborne The SPEAKER pro tempore. The that the House suspend the rules and Davis, Jo Ann Jackson-Lee Ose question is on the motion offered by pass the bill, H.R. 3348, on which the Davis, Tom (TX) Otter the gentleman from Iowa (Mr. LEACH) Deal Jefferson Owens yeas and nays are ordered. DeGette Jenkins Oxley that the House suspend the rules and This will be a 5-minute vote. Delahunt John Pallone agree to the concurrent resolution, The vote was taken by electronic de- DeLauro Johnson (IL) Pascrell House Concurrent Resolution 102, as vice, and there were—yeas 407, nays 0, DeLay Johnson, E. B. Pastor amended, on which the yeas and nays DeMint Jones (NC) Paul answered ‘‘present’’ 2, not voting 24, as Deutsch Jones (OH) Payne are ordered. follows: Diaz-Balart Kanjorski Pelosi This will be a 5-minute vote.

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.003 pfrm01 PsN: H05PT1 H8852 CONGRESSIONAL RECORD — HOUSE December 5, 2001 The vote was taken by electronic de- Pallone Sandlin Taylor (MS) BEAR RIVER MIGRATORY BIRD Pascrell Sawyer Taylor (NC) vice, and there were—yeas 400, nays 9, Pastor Schaffer Terry REFUGE VISITOR CENTER ACT not voting 24, as follows: Payne Schakowsky Thomas Mr. HANSEN. Mr. Speaker, I move to Pelosi Schiff Thompson (CA) suspend the rules and pass the bill [Roll No. 471] Pence Schrock Thompson (MS) YEAS—400 Peterson (MN) Scott Thornberry (H.R. 3322) to authorize the Secretary Peterson (PA) Sensenbrenner Thune of the Interior to construct an edu- Abercrombie Dingell Jones (OH) Petri Serrano Thurman cation and administrative center at the Ackerman Doggett Kanjorski Phelps Shadegg Tiahrt Aderholt Dooley Kaptur Pickering Shaw Tiberi Bear River Migratory Bird Refuge in Akin Doolittle Keller Pitts Shays Tierney Box Elder County, Utah. Allen Doyle Kelly Platts Sherman Toomey The Clerk read as follows: Armey Dreier Kennedy (MN) Pombo Sherwood Towns H.R. 3322 Baca Duncan Kennedy (RI) Pomeroy Shimkus Traficant Bachus Dunn Kerns Portman Shows Turner Be it enacted by the Senate and House of Rep- Baird Edwards Kildee Price (NC) Shuster Udall (CO) resentatives of the United States of America in Baker Ehlers Kilpatrick Pryce (OH) Simmons Udall (NM) Congress assembled, Baldacci Ehrlich Kind (WI) Putnam Simpson Upton SECTION 1. SHORT TITLE. Baldwin Emerson King (NY) Radanovich Skeen Velazquez Ballenger Engel Kirk Rahall Skelton Visclosky This Act may be cited as the ‘‘Bear River Barcia English Kleczka Ramstad Slaughter Vitter Migratory Bird Refuge Visitor Center Act’’. Barrett Eshoo Knollenberg Rangel Smith (MI) Walden SEC. 2. FINDINGS. Bartlett Etheridge Kolbe Regula Smith (NJ) Walsh Congress finds the following: Barton Evans LaFalce Rehberg Smith (TX) Wamp Bass Everett LaHood (1) The Bear River marshes have been a Reynolds Smith (WA) Waters historical waterfowl oasis and an important Becerra Farr Lampson Riley Snyder Watkins (OK) Bentsen Fattah Langevin Rivers Solis Watson (CA) inland waterfowl flyway for thousands of Bereuter Ferguson Lantos Rodriguez Souder Watt (NC) years. Berkley Filner Largent Roemer Spratt Watts (OK) (2) Congress created the Bear River Migra- Berman Fletcher Larsen (WA) Rogers (KY) Stark Weiner tory Bird Refuge as one of the first National Biggert Forbes Larson (CT) Rogers (MI) Stearns Weldon (FL) Wildlife Refuges, for the purpose of pro- Bilirakis Ford Latham Ros-Lehtinen Stenholm Weller Bishop Fossella Leach tecting waterfowl habitat and migratory Ross Strickland Wexler birds, educating the public regarding, and Blagojevich Frank Lee Rothman Stump Whitfield Blumenauer Frelinghuysen Levin Roybal-Allard Stupak Wicker enhancing public appreciation of, waterfowl Blunt Frost Lewis (CA) Royce Sununu Wilson habitat and migratory birds. Boehlert Gallegly Lewis (GA) Rush Sweeney Wolf (3) The Bear River Migratory Bird Refuge Boehner Ganske Lewis (KY) Ryan (WI) Tancredo Woolsey was virtually destroyed by the devastating Bonior Gekas Linder Ryun (KS) Tanner Wu floods that occurred between 1983 and 1985. Bono Gephardt Lipinski Sabo Tauscher Wynn (4) Refuge employees, aided by volunteers, Boozman Gibbons LoBiondo Sanders Tauzin Young (FL) Borski Gilchrest Lofgren have taken valiant actions to rebuild the Boswell Gillmor Lowey NAYS—9 Refuge by restoring habitat, increasing its Boucher Gilman Lucas (KY) Barr Collins Herger attractiveness to waterfowl, reducing water- Boyd Gonzalez Lucas (OK) Berry Flake Paul fowl botulism, and providing recreational Brady (PA) Goodlatte Luther Bonilla Goode Rohrabacher and educational opportunities to the public. Brady (TX) Gordon Lynch (5) The Bear River Migratory Bird Refuge Brown (FL) Goss Maloney (CT) NOT VOTING—24 Brown (OH) Graham Maloney (NY) lacks a functional education and administra- Andrews Johnson, Sam Reyes Brown (SC) Granger Manzullo tive center. Camp Kingston Roukema Bryant Graves Markey (6) The creation of such a facility would Cubin Kucinich Sanchez Burr Green (TX) Mascara significantly enhance public appreciation of DeFazio LaTourette Saxton Burton Green (WI) Matheson Dicks Meehan Sessions waterfowl and the need to preserve water- Buyer Greenwood Matsui Foley Meek (FL) Waxman fowl habitat. Callahan Grucci McCarthy (MO) Gutierrez Ney Weldon (PA) (7) Congress has taken significant steps to Calvert Gutknecht McCarthy (NY) Hostettler Quinn Young (AK) Cannon Hall (OH) McCollum provide funding for the construction of an education and administrative center. Cantor Hall (TX) McCrery 1125 Capito Hansen McDermott b SEC. 3. DEFINITIONS. Capps Harman McGovern So (two-thirds having voted in favor For the purpose of this Act, the following Capuano Hart McHugh thereof) the rules were suspended and definitions apply: Cardin Hastings (FL) McInnis (1) SECRETARY.—The term ‘‘Secretary’’ Carson (IN) Hastings (WA) McIntyre the concurrent resolution, as amended, means the Secretary of the Interior. Carson (OK) Hayes McKeon was agreed to. (2) REFUGE.—The term ‘‘Refuge’’ means the Castle Hayworth McKinney The result of the vote was announced Chabot Hefley McNulty Bear River Migratory Bird Refuge in Box Chambliss Hill Meeks (NY) as above recorded. Elder County, Utah. Clay Hilleary Menendez The title of the concurrent resolution (3) EDUCATION AND ADMINISTRATIVE CEN- Clayton Hilliard Mica was amended so as to read: ‘‘Concur- TER.—The term ‘‘Education and Administra- Clement Hinchey Millender- rent resolution encouraging the devel- tive Center’’ means the facility identified in Clyburn Hinojosa McDonald Coble Hobson Miller, Dan opment of strategies to reduce hunger the Environmental Assessment dated 1991 Combest Hoeffel Miller, Gary and poverty, and to promote free mar- and entitled ‘‘Restoration and Expansion of Condit Hoekstra Miller, George ket economies and democratic institu- the Bear River Migratory Bird Refuge’’. Conyers Holden Miller, Jeff tions, in sub-Saharan Africa.’’. SEC. 4. AUTHORIZATION OF CONSTRUCTION OF Cooksey Holt Mink THE EDUCATION CENTER. Costello Honda Mollohan A motion to reconsider was laid on (a) CONSTRUCTION.—The Secretary shall Cox Hooley Moore the table. construct the Education and Administrative Coyne Horn Moran (KS) Cramer Houghton Moran (VA) f Center at the Refuge for the purposes of pro- Crane Hoyer Morella viding for the interpretation of resources of Crenshaw Hulshof Murtha ANNOUNCEMENT BY THE SPEAKER the Refuge for the education and benefit of Crowley Hunter Myrick PRO TEMPORE the public, the advancement of research, pro- Culberson Hyde Nadler tection, and health of waterfowl habitat, and Cummings Inslee Napolitano The SPEAKER pro tempore. Pursu- for the administration of the Bear River Mi- Cunningham Isakson Neal ant to clause 8 of rule XX, the Chair gratory Bird Refuge. Davis (CA) Israel Nethercutt announces that he will postpone fur- (b) AUTHORIZATION OF APPROPRIATIONS.— Davis (FL) Issa Northup Davis (IL) Istook Norwood ther proceedings today on each motion There is authorized to be appropriated Davis, Jo Ann Jackson (IL) Nussle to suspend the rules on which a re- $11,000,000 to carry out subsection (a). Davis, Tom Jackson-Lee Oberstar corded vote or the yeas and nays are SEC. 5. MATCHING CONTRIBUTIONS REQUIRE- Deal (TX) Obey MENTS. DeGette Jefferson Olver ordered, or on which the vote is objected to under clause 6 of rule XX. (a) DONATION OF FUNDS AND SERVICES.—The Delahunt Jenkins Ortiz Secretary may accept donations of funds and DeLauro John Osborne Any record votes on postponed ques- services from nonprofit organizations, State DeLay Johnson (CT) Ose tions will be taken after debate has DeMint Johnson (IL) Otter and local governments, and private citizens Deutsch Johnson, E. B. Owens concluded on all motions to suspend for the construction of the Education and Diaz-Balart Jones (NC) Oxley the rules. Administrative Center.

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.018 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8853 (b) MATCHING FUNDS.—The Secretary may construction of these facilities. Local acres of uplands, wetlands, and mudflats. The not require matching funds or contributions communities, the Friends of Bear River historic 65,000 acres of the Refuge, consisting in kind with a combined total value of more Bird Refuge and other nonprofit groups mainly of marsh, open water, and mudflats, than $1,500,000 for construction of the Edu- have demonstrated their interest and cation and Administrative Center. have slowly seen salt deposits from the flood dedication to a research and education flushed out. Now, the wetland is on the verge The SPEAKER pro tempore. Pursu- center by raising an additional $1.5 of full recovery, and with marsh plants thriving, ant to the rule, the gentleman from million for the project. birds are returning in increasing numbers to Utah (Mr. HANSEN) and the gentle- This bill recognizes the efforts of the the Refuge. woman from the Virgin Islands (Mrs. refuge staff, the community, and the I am excited to see this legislation come be- CHRISTENSEN) each will control 20 min- local Friends group to rebuild the ref- fore the body. I strongly believe that this bill utes. uge. Between the prior appropriations will be beneficial to the Bear River Migratory The Chair recognizes the gentleman and the contribution from local sup- Bird Refuge habitat by increasing its from Utah (Mr. HANSEN). porters, over 80 percent of the funding attractiveness to birds, and to people. Mr. HANSEN. Mr. Speaker, I yield has already been secured. This is a Mrs. CHRISTENSEN. Mr. Speaker, I myself such time as I may consume. good bill. have no further requests for time, and The Bear River marshes in the north- Finally, I would like to compliment I yield back the balance of my time. ern portion of the Great Salt Lake Al Trout, the refuge manager, who has Mr. HANSEN. Mr. Speaker, I have no have been a waterfowl oasis and an im- worked so diligently to put this to- further requests for time, and I yield portant inland waterfowl flyway for gether, a truly dedicated public serv- back the balance of my time. centuries, and I am pleased that the ant. The SPEAKER pro tempore (Mr. House is taking action to improve re- Mr. Speaker, I reserve the balance of GILLMOR). The question is on the mo- search opportunities and educational my time. tion offered by the gentleman from experiences at the refuge. Mrs. CHRISTENSEN. Mr. Speaker, I Utah (Mr. HANSEN) that the House sus- To give a little history of the Bear yield myself such time as I may con- pend the rules and pass the bill, H.R. River marshes, in 1843, explorer John sume. 3322. C. Fremont described the area by say- Mr. Speaker, I am pleased to support The question was taken; and (two- ing ‘‘The waterfowl made a noise like the legislation of the distinguished thirds having voted in favor thereof) thunder, as the whole scene was ani- gentleman from Utah (Mr. HANSEN) the rules were suspended and the bill mated with waterfowl.’’ Later, settlers which would authorize the construc- was passed. moved in and began draining the tion of a new education and adminis- A motion to reconsider was laid on marshes so slowly that no one noticed trative center at one of our Nation’s the table. until 1910 when botulism killed over 2 oldest migratory bird refuges. It was f million birds and another deadly out- unfortunate that floods destroyed the FERN LAKE CONSERVATION AND break in 1920 killed 1.5 million birds. In center nearly 18 years ago. I under- RECREATION ACT OF 2001 1928, at the urging of many individuals stand the frustration of the gentleman Mr. RADANOVICH. Mr. Speaker, I and organizations, Congress turned from Utah (Mr. HANSEN) that a new fa- move to suspend the rules and pass the this unique area into a National Wild- cility has not been built to replace the bill (H.R. 2238) to authorize the Sec- life Refuge. The refuge soon became a original building. popular attraction for various groups As Members may recall, the 1997 Na- retary of the Interior to acquire Fern from sportsmen and school groups to tional Wildlife Refuge Improvement Lake and the surrounding watershed in wildlife photographers. Act established environmental edu- the States of Kentucky and Tennessee Then came Utah’s 100-year floods of cation and resource interpretation as for addition to Cumberland Gap Na- 1983 and 1985 when there was a man- priority uses at all national wildlife tional Historical Park, and for other made river running down State Street refuges. Education centers like the one purposes, as amended. The Clerk read as follows: in Salt Lake City and Glen Canyon planned for Bear River are essential to Dam was spilling over. Those wet years ensure that the Fish and Wildlife Serv- H.R. 2238 also caused the rising Great Salt Lake ice promotes the wildlife wonders Be it enacted by the Senate and House of Rep- to breach the refuge dikes and salt- resentatives of the United States of America in throughout our national wildlife refuge Congress assembled, water contaminated wildlife habitat, system and generates public awareness SECTION 1. SHORT TITLE. destroyed marsh vegetation and de- and appreciation for these resources. This Act may be cited as the ‘‘Fern Lake stroyed the newly constructed visitors Mr. Speaker, I urge Members to sup- Conservation and Recreation Act of 2001’’. and administrative facilities. port this legislation. I look forward to SEC. 2. FINDINGS AND PURPOSES. In 1989, the water finally receded, and working with both the gentleman from (a) FINDINGS.—The Congress finds the fol- since that time refuge employees and Utah (Mr. HANSEN) and our ranking lowing: scores of volunteers have worked tire- member, the gentleman from West Vir- (1) Fern Lake and its surrounding water- lessly cleaning debris, moving 1 million ginia (Mr. RAHALL), who adds his com- shed in Bell County, Kentucky, and Clai- cubic yards of earth, restoring 47 water mendation and support for the bill to borne County, Tennessee, is within the potential boundaries of Cumberland Gap Na- control structures and 47 miles of improve visitor services within our national Historical Park as originally author- dikes, and purchasing easements to re- tional wildlife refuges. ized by the Act of June 11, 1940 (54 Stat. 262; store the habitat to its previous condi- Mr. MATHESON. Mr. Speaker, it is with 16 U.S.C. 261 et seq.). tion. great pleasure that I rise today in support of (2) The acquisition of Fern Lake and its the Bear River Migratory Bird Refuge Visitor surrounding watershed and its inclusion in 1130 b Center Act. This legislation will allow the Ref- Cumberland Gap National Historical Park Mr. Speaker, thanks to their good ef- uge to construct an educational and adminis- would protect the vista from Pinnacle Over- forts, the refuge once again attracts trative headquarters. It is my hope that bird look, which is one of the park’s most valu- hundreds of waterfowl and an increas- able scenic resources and most popular at- enthusiasts throughout the West will be able tractions, and enhance recreational opportu- ing number of human visitors. There to come to see the thousands of birds that nities at the park. are 221 species of birds that have been visit the area each year and hear what ex- (3) Fern Lake is the water supply source recorded at the refuge, and 206 of those plorer John C. Fremont called ‘‘a noise like for the city of Middlesboro, Kentucky, and constantly come back each year. How- thunder.’’ environs. ever, the refuge still lacks a functional The Refuge was created by Congress in (4) The 4500-acre Fern Lake watershed is education and administrative center 1928 to ensure the survival of the birds and privately owned, and the 150-acre lake and which denies the public a rich edu- natural wetlands of the area. Unfortunately, part of the watershed are currently for sale, cational opportunity. due to massive flooding in the 1983 to 1985, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 I have worked with my colleagues on the entire Refuge was destroyed and the wet- (16 U.S.C. 261), from using appropriated funds the Committee on Appropriations and lands completely covered with water. to acquire the lands. with the Senate Committee on Appro- Today, the Refuge consists of 74,000 acres. (b) PURPOSES.—The purposes of the Act priations to provide funding for the re- In 1993, land acquisition added nearly 9,000 are—

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.005 pfrm01 PsN: H05PT1 H8854 CONGRESSIONAL RECORD — HOUSE December 5, 2001 (1) to authorize the Secretary of the Inte- United States for the sale of the water, sibility protecting the resources in the rior to use appropriated funds if necessary, which the Secretary may receive in the form park, while assuring the city of in addition to other acquisition methods, to of reduced charges for water service. Pro- Middlesboro, Kentucky, that their con- acquire from willing sellers Fern Lake and ceeds from the sale of the water, reduced by tinued water needs will be met. its surrounding watershed, in order to pro- any offsets for water service to the park, tect scenic and natural resources and en- shall be available for expenditure by the Sec- H.R. 2238 is a unique and complex hance recreational opportunities at Cum- retary at the park without further appro- bill. The gentleman from Kentucky berland Gap National Historical Park; and priation. (Mr. ROGERS) has worked hard to ac- (2) to allow the continued supply of water (f) CONSULTATION REQUIREMENTS.—In order commodate the concerns raised by the from Fern Lake to the city of Middlesboro, to better manage Fern Lake and its sur- administration, while remaining fo- Kentucky, and environs. rounding watershed, if acquired by the Sec- cused on his priority of ensuring long- SEC. 3. LAND ACQUISITION, FERN LAKE, CUM- retary, in a manner that will facilitate the term protection for Fern Lake and a BERLAND GAP NATIONAL HISTOR- provision of water for municipal needs as continued supply of water for his con- ICAL PARK. well as the establishment and promotion of (a) DEFINITIONS.—In this section: new recreational opportunities made pos- stituents. I urge my colleagues to sup- (1) FERN LAKE.—The term ‘‘Fern Lake’’ sible by the addition of Fern Lake to the port H.R. 2238, as amended. means Fern Lake located in Bell County, park, the Secretary shall consult with— Mr. Speaker, I reserve the balance of Kentucky, and Claiborne County, Tennessee. (1) appropriate officials in the States of my time. (2) LAND.—The term ‘‘land’’ means land, Kentucky, Tennessee, and Virginia, and po- Mrs. CHRISTENSEN. Mr. Speaker, I water, interests in land, and any improve- litical subdivisions of these States; yield myself such time as I may con- ments on the land. (2) organizations involved in promoting (3) PARK.—The term ‘‘park’’ means Cum- sume. tourism in these States; and Mr. Speaker, Cumberland Gap Na- berland Gap National Historical Park, as au- (3) other interested parties. thorized and established by the Act of June tional Historical Park serves two im- 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). The SPEAKER pro tempore. Pursu- portant purposes: The park preserves (4) SECRETARY.—The term ‘‘Secretary’’ ant to the rule, the gentleman from an absolutely beautiful area, while also means the Secretary of the Interior, acting California (Mr. RADANOVICH) and the allowing people to explore the impor- through the Director of the National Park gentlewoman from the Virgin Islands tant historical role played by the Cum- Service. (Mrs. CHRISTENSEN) each will control 20 (b) ACQUISITION AUTHORIZED.—The Sec- berland Gap. The gap, located at the retary may acquire for addition to the park minutes. intersection of the Kentucky, Ten- lands consisting of approximately 4,500 acres The Chair recognizes the gentleman nessee and Virginia borders, was first a and containing Fern Lake and its sur- from California (Mr. RADANOVICH). passageway for large game animals, rounding watershed, as generally depicted on Mr. RADANOVICH. Mr. Speaker, I then Native Americans, and finally the map entitled ‘‘Cumberland Gap National yield myself such time as I may con- hundreds of thousands of American set- Historical Park, Fern Lake Watershed’’, sume. tlers heading to the American West. numbered 380/80,004, and dated May 2001. The Mr. Speaker, H.R. 2238 was intro- map shall be on file in the appropriate of- Like the park itself, H.R. 2238 serves fices of the National Park Service. duced by the gentleman from Kentucky two important purposes. The bill would (c) AUTHORIZED ACQUISITION METHODS.— (Mr. ROGERS) and would authorize the authorize the Secretary of the Interior (1) IN GENERAL.—Notwithstanding the Act Secretary of the Interior to acquire to acquire for addition to the park an of June 11, 1940 (16 U.S.C. 261 et seq.), the Fern Lake and its surrounding water- approximately 4,500 acre parcel known Secretary may acquire lands described in shed in Tennessee and Kentucky from as the Fern Lake Watershed. During subsection (b) by donation, purchase with do- willing sellers for addition to the Cum- nated or appropriated funds, or exchange. the hearings we held on this matter, However, the lands may be acquired only berland Gap National Historical Park. photographs showed it to be a lush, un- with the consent of the owner. The boundary expansion would enhance developed area, and the administration (2) EASEMENTS.—At the discretion of the the visitors’ recreational experience testified as to its eagerness to add the Secretary, the Secretary may acquire land and allow the National Park Service to land to the park. described in subsection (b) that is subject to preserve the 4,500 acre Fern Lake wa- In addition, passage of H.R. 2238 will an easement for water supply facilities and tershed and the water supply for the ensure a reliable, long-term water sup- equipment associated with the withdrawal city of Middlesboro, Kentucky. Since ply for a community that depends on and delivery of water by a utility from Fern the early 1900s, Fern Lake has been the Lake to the city of Middlesboro, Kentucky, Fern Lake. The Secretary would be au- and environs. sole source of drinking water for the thorized to grant easements over the (d) BOUNDARY ADJUSTMENT AND ADMINIS- city of Middlesboro, Kentucky. newly acquired property to facilitate TRATION.—Upon the acquisition of land under Cumberland Gap, located where the the continued use of the lake as the this section, the Secretary shall revise the borders of Tennessee, Kentucky and municipal water supply for the town of boundaries of the park to include the land in Virginia meet, forms a major break in Middlesboro, Kentucky, and to con- the park. Subject to subsection (e), the Sec- the Appalachian Mountain chain. The retary shall administer the acquired lands as tract with the utility for the sale and part of the park in accordance with the laws park commemorates the story of the distribution of the water to the town and regulations applicable to the park. first gateway to the West, first used by and its environs. (e) SPECIAL ISSUES RELATED TO FERN the Native Americans and then by pio- Mr. Speaker, we realize this is a LAKE.— neers. somewhat unusual arrangement. How- (1) PROTECTION OF WATER SUPPLY.—The Mr. Speaker, during the sub- ever, the lake will be a valuable addi- Secretary shall manage public recreational committee hearing on H.R. 2238, con- use of Fern Lake, if acquired by the Sec- tion to the park, and we feel sure that retary, in a manner that is consistent with cerns were raised by the National Park the National Park Service, the utility the protection of the lake as a source of un- Service on how it is to manage the and the town will develop a good, mu- treated water for the city of Middlesboro, water system once it acquires Fern tually beneficial working relationship. Kentucky, and environs. Lake. At the Committee on Resources Mr. Speaker, our ranking member, (2) SALE OF WATER.— markup, I offered an amendment to ad- the gentleman from West Virginia (Mr. (A) CONTRACT WITH UTILITY.—Upon the Sec- dress the water issue. The amendment RAHALL), joins me in commending the retary’s acquisition of land that includes was adopted and supported by both the gentleman from Kentucky (Mr. ROG- Fern Lake, the Secretary shall enter into a contract to sell untreated water from the majority and minority of the com- ERS) for his hard work on this legisla- lake to a utility that delivers and distributes mittee. However, since that time, the tion, and we urge support for H.R. 2238. water to the city of Middlesboro, Kentucky, National Park Service has continued to Mr. Speaker, I reserve the balance of and environs. The Secretary shall ensure express concern with the water man- my time. that the terms and conditions of the con- agement section of the bill. Mr. RADANOVICH. Mr. Speaker, I tract are equitable, ensuring a balance be- Mr. Speaker, late yesterday after- yield such time as he may consume to tween the protection of park resources and noon the administration, the majority the gentleman from Kentucky (Mr. the delivery and distribution of sufficient and the minority of the committee and ROGERS), who is the sponsor of the leg- water to continue meeting the water demands of the city of Middlesboro, Kentucky, the gentleman from Kentucky (Mr. islation. and environs. ROGERS) agreed to the amendment be- Mr. ROGERS of Kentucky. Mr. (B) PROCEEDS FROM WATER.—The Secretary fore us. I believe the amendment fur- Speaker, I am pleased and honored to shall negotiate a reasonable return to the ther clarifies for the Service its respon- have the opportunity to rise in support

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.008 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8855 of H.R. 2238, the Fern Lake Conserva- the conditions set forth in the original Mrs. CHRISTENSEN. Mr. Speaker, I tion and Recreation Act of 2001. This Cumberland Gap legislation, no appro- yield myself such time as I may con- has been a long road, but with the help priate funds can be used to purchase sume to just thank the distinguished and services of the gentleman from additional acreage unless specifically gentleman from Kentucky. He has Utah (Mr. HANSEN) and the gentleman authorized by Congress. H.R. 2238 pro- brought the wonderful pictures and from California (Mr. RADANOVICH), as vides that authorization and paves the really laid out all of the reasons why well as the gentleman from West Vir- way for an additional 4,500 acres to be this bill should be supported. ginia (Mr. RAHALL) and the gentle- included in the park if willing sellers We would also like to add our con- woman from the Virgin Islands (Mrs. appear and appropriations become gratulations on his having passed the CHRISTENSEN) on the floor this morn- available. transportation appropriations bill with ing, we have come together and crafted One of the principal goals of the leg- such a broad consensus and such a an excellent bill that is worthy of the islation that we have before us is to en- strong vote. Chamber’s support. I appreciate their sure the continued use of the lake as a Mr. Speaker, I yield back the balance efforts in getting this legislation to the clean and safe water supply for the city of my time. floor in such a timely manner and of Middlesboro, Kentucky, a small city Mr. RADANOVICH. Mr. Speaker, I making the necessary corrections to it which borders the Cumberland Gap have no further requests for time, and that enables it to become, I think, a Park. I yield back the balance of my time. The dam was constructed in 1893, successful bill. The SPEAKER pro tempore (Mr. forming the lake, and that 150-acre Mr. Speaker, the bill before the GILLMOR). The question is on the mo- lake has been privately owned for most House today is an essential piece of tion offered by the gentleman from of its existence, but it has been for sale legislation which will forever protect California (Mr. RADANOVICH) that the on the open market since last year. one of the most pristine areas in the House suspend the rules and pass the Given the fact that the lake serves as Commonwealth of Kentucky, indeed bill, H.R. 2238, as amended. the sole water source for the city, the Nation, for future generations. The The question was taken; and (two- there is considerable concern that a thirds having voted in favor thereof) bill aims to incorporate, as has been new owner may not share the same in- the rules were suspended and the bill, said, Fern Lake, an unspoiled body of terest as the community. water nestled in the Appalachian As our local resident witness testi- as amended, was passed. A motion to reconsider was laid on Mountains, into the Cumberland Gap fied before the hearings here, many National Historical Park. businesses in the area rely on the un- the table. The photographs that stand before us common purity of the water for their f this morning are simple testimony to livelihood. With that in mind, the bill RECLAMATION WASTEWATER AND the absolute beauty of this pristine we crafted provides a valuable resource GROUNDWATER STUDY AND FA- area. For those who are not familiar for the park, while at the same time CILITIES ACT AMENDMENT with this part of the world, the Cum- ensuring that the city’s water demands Mr. RADANOVICH. Mr. Speaker, I berland Gap National Park is 20,000 are sufficiently met. acres of virtually untouched frontier, move to suspend the rules and pass the mountains and countryside, estab- b 1145 bill (H.R. 2115) to amend the Reclama- lished by Congress in 1940. It is, as We expect the Park Service to act in tion Wastewater and Groundwater some have said, the first frontier, good faith with this community, so Study and Facilities Act to authorize where Daniel Boone blazed the Cum- that the citizens of Middlesboro will be the Secretary of the Interior to partici- berland Gap Trail in the late 18th cen- secure with the knowledge that their pate in the design, planning, and con- tury leading the way for thousands and water supply source will always be struction of a project to reclaim and tens of thousands of other settlers hop- there. I am confident the Park Service reuse wastewater within and outside of ing to find a fresh start in this new will prove to be a valuable and respon- the service area of the Lakehaven Util- world, moving from the Eastern Sea- sible partner in this regard. ity District, Washington. board, 13 colonies, into the hinterlands Lastly, Mr. Speaker, it cannot be The Clerk read as follows: of this great Nation. This is where they overstated how important this legisla- H.R. 2115 tion is to the economic well-being of first came through. Be it enacted by the Senate and House of Rep- Congress rightly recognized the im- the citizens of rural Appalachian Ken- resentatives of the United States of America in portance of permanently protecting tucky. This proposed Federal invest- Congress assembled, this frontier, and today we will hope- ment in our rich cultural heritage SECTION 1. LAKEHAVEN, WASHINGTON, WASTE- would certainly bring added tourism WATER RECLAMATION AND REUSE fully vote to continue these endeavors revenue and jobs to this impoverished PROJECT. by approving this Fern Lake addition. area. Tourism is an essential part of (a) AUTHORIZATION.—The Reclamation In short, this bill will protect the lake our region’s economic development, Wastewater and Groundwater Study and Fa- as a clean and safe source of rural cilities Act (Public Law 102–575, title XVI; 43 and we must seize every opportunity to water for the city of Middlesboro, Ken- U.S.C. 390h et seq.) is amended by adding at further strengthen this sector. the end the following: tucky, its only source, enhance the sce- In conclusion, Mr. Speaker, I want to nic, recreational, wildlife, cultural ‘‘SEC. 1635. LAKEHAVEN, WASHINGTON, WATER extend my special gratitude and RECLAMATION AND REUSE value of the park, and increase tourism thanks to everyone who has made this PROJECT. opportunities in the tristate areas of day possible. The committee and the ‘‘(a) AUTHORIZATION.—The Secretary, in co- Kentucky, Tennessee and Virginia. subcommittee have been very forth- operation with the Lakehaven Utility Dis- As one can see from the pictures on coming, the staff has been extraor- trict, Washington, is authorized to partici- display, the lake and the surrounding dinarily helpful in this respect, and we pate in the design, planning, and construc- watershed are of unparalleled beauty, appreciate it on both sides of the aisle. tion of, and land acquisition for, a project to and these pictures capture the essence I want to extend a special thanks to reclaim and reuse wastewater, including de- of what thousands of park visitors see graded groundwaters, within and outside of Middlesboro Mayor Ben Hickman and the service area of the Lakehaven Utility each year. This spectacular landscape County Executive Jennifer Jones, who District. is visible from Pinnacle Overlook, the first brought this idea to my attention, ‘‘(b) COST SHARE.—The Federal share of the highest point, the most popular attrac- and also Mrs. Karla Bowling, the presi- cost of the project authorized by this section tion in the national park, and it is typ- dent of the Bell County Chamber of shall not exceed 25 percent of the total cost ical of what many of our ancestors ex- Commerce, who traveled not just once of the project. perienced as they trudged forward but twice to this city to provide her ex- ‘‘(c) LIMITATION.—The Secretary shall not through this uncharted territory over pert testimony in support of this bill. provide funds for the operation and maintenance of the project authorized by this sec- 200 years ago. We are grateful especially for their tion.’’. Just from the photos alone, it is not service. (b) CLERICAL AMENDMENT.—The table of hard to understand why Congress Mr. Speaker, I strongly urge passage sections in section 2 of such Act is amended should act today to ensure the preser- of this important legislation. I thank by inserting after the item relating to sec- vation of this pristine area. Because of Members for their support. tion 1634 the following:

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.026 pfrm01 PsN: H05PT1 H8856 CONGRESSIONAL RECORD — HOUSE December 5, 2001 ‘‘Sec. 1635. Lakehaven, Washington, Water wastewater needs, as was mentioned. three bills just considered, H.R. 3322, Reclamation and Reuse The projects that they have put for- H.R. 2238, and H.R. 2115. Project.’’. ward are very innovative and show a The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- great deal of promise in developing new objection to the request of the gen- ant to the rule, the gentleman from technology to help us deal with waste- tleman from California? California (Mr. RADANOVICH) and the water, both in terms of recycling it and There was no objection. gentleman from Washington (Mr. properly disposing of it. f SMITH) each will control 20 minutes. Some of the problems that we have in The Chair recognizes the gentleman this country that do not get as much NATIVE AMERICAN SMALL from California (Mr. RADANOVICH). attention or are not as well noticed are BUSINESS DEVELOPMENT ACT Mr. RADANOVICH. Mr. Speaker, I some of the critical infrastructure Mr. MANZULLO. Mr. Speaker, I yield myself such time as I may con- problems. When most people think of move to suspend the rules and pass the sume. infrastructure, they think of transpor- bill (H.R. 2538) to amend the Small Mr. Speaker, the bill H.R. 2115, as tation, they think of airports, maybe Business Act to expand and approve sponsored by the gentleman from they think of education; but waste- the assistance provided by Small Busi- Washington (Mr. SMITH), would author- water treatment is one of the more ness Development Centers to Indian ize the Bureau of Reclamation to add critical infrastructure issues that our tribe members, Native Alaskans, and the Lakehaven Utility District rec- country faces, and we are facing a crit- Native Hawaiians, as amended. lamation projects to its current list of ical backlog of projects that need help The Clerk read as follows: 25 specifically authorized projects and support. H.R. 2538 under title XVI of the Reclamation This bill would give us the author- Be it enacted by the Senate and House of Rep- Wastewater and Groundwater Study izing language that we need in order to resentatives of the United States of America in and Facilities Act. move forward in this project. We are Congress assembled, Lakehaven Utility District is pro- fully aware of the fact we also have to SECTION 1. SHORT TITLE. posing a water reclamation program get in line with the other 25 projects to This Act may be cited as the ‘‘Native that would result in the reduction or try to get it appropriated, but this is American Small Business Development elimination of local secondary waste- the first necessary step in that process. Act’’. water to the Puget Sound, conjunctive I really want to compliment the SEC. 2. FINDINGS AND PURPOSES. use of reclaimed water, groundwater Lakehaven Utility District and their (a) FINDINGS.—Congress finds the fol- and surface water, and enhancement of commissioners, who have worked so lowing: existing wetlands and fish habitat. hard on this project. I think they have (1) Approximately 60 percent of Indian Lakehaven has two secondary waste- tribe members and Alaska Natives live on or been very forward-thinking, and the adjacent to Indian lands, which suffer from water treatment plants currently dis- project they have put forward looked an average unemployment rate of 45 percent. charging over 6 million gallons of at new technologies and new ways to (2) Indian tribe members and Alaska Na- water a day to the Puget Sound. They deal with wastewater in ways that tives own more than 197,000 businesses and would use reclaimed water to manage hopefully will help become a model for generate more than $34,000,000,000 in reve- groundwater levels, thereby enhancing the country and move forward. nues. The service industry accounted for 17 the reliability of existing water sup- They are fully prepared to fund, obvi- percent of these businesses (of which 40 per- plies. The project would result in the ously, a portion of this project and just cent were engaged in business and personal construction of additional treatment services) and 15.1 percent of their total re- need a little Federal help to make it ceipts. The next largest was the construction systems at the district’s two waste- happen. industry (13.9 percent and 15.7 percent, re- water treatment plants and would fur- Again, I want to thank the chairman, spectively). The third largest was the retail ther purify all or portions of the I want to thank all the people on the trade industry (7.5 percent and 13.4 percent, plant’s secondary effluent. committee, for allowing this to come respectively). Lakehaven is also planning the con- forward, and, again, the folks in (3) The number of businesses owned by In- struction of transmission and distribu- Lakehaven for doing the work. dian tribe members and Alaska Natives grew tion pipeline systems to transport Lastly, I am going to take a personal by 84 percent from 1992 to 1997, and their gross receipts grew by 179 percent in that pe- water to reuse areas where facilities moment. It is my wife’s birthday will be developed to direct the water to riod. This is compared to all businesses today; and, unfortunately, she is back which grew by 7 percent, and their total the aquifer. This would be done home in my district. So this is my only gross receipts grew by 40 percent, in that pe- through injection wells, sub-surface in- opportunity to say happy birthday to riod. filtration galleries and land applica- her in any sort of visual format. So, (4) The Small Business Development Cen- tions in areas that are currently wet- happy birthday. ter program is cost effective. Clients receiv- land restoration project areas. Again, I thank the chairman for ing long-term counseling under the program The cost for these facilities is esti- bringing this bill up, and urge passage. in 1998 generated additional tax revenues of mated to be $38 million. Under title Mr. Speaker, I have no further re- $468,000,000, roughly 6 times the cost of the XVI, the Federal portion of the cost of program to the Federal Government. quests for time, and I yield back the (5) Using the existing infrastructure of the constructing facilities cannot exceed 25 balance of my time. Small Business Development Center pro- percent, with a maximum of $20 mil- Mr. RADANOVICH. Mr. Speaker, I gram, small businesses owned by Indian tribe lion. yield back the balance of my time. members, Alaska Natives, and Native Hawai- Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The ians receiving services under the program my time. question is on the motion offered by will have a higher survival rate than the av- Mr. SMITH of Washington. Mr. the gentleman from California (Mr. erage small business not receiving such services. Speaker, I yield myself such time as I RADANOVICH) that the House suspend may consume. (6) Business counseling and technical as- the rules and pass the bill, H.R. 2115. sistance is critical on Indian lands where (Mr. SMITH of Washington asked and The question was taken; and (two- similar services are scarce and expensive. was given permission to revise and ex- thirds having voted in favor thereof) (7) Increased assistance through counseling tend his remarks.) the rules were suspended and the bill under the Small Business Development Cen- Mr. SMITH of Washington. Mr. was passed. ter program has been shown to reduce the Speaker, first of all I want to thank A motion to reconsider was laid on default rate associated with lending pro- the chairmen of the subcommittee and the table. grams of the Small Business Administration. (b) PURPOSES.—The purposes of this Act the full committee for bringing this f issue through the committee and to are as follows: the floor. It is an issue that is very, GENERAL LEAVE (1) To stimulate economies on Indian lands. very important to my district. Mr. RADANOVICH. Mr. Speaker, I (2) To foster economic development on In- The Lakehaven Utility District is ask unanimous consent that all Mem- dian lands. one of the largest utility districts that bers have 5 legislative days in which to (3) To assist in the creation of new small I represent and have some critical revise and extend their remarks on the businesses owned by Indian tribe members,

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.010 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8857 Alaska Natives, and Native Hawaiians and to carry out this paragraph, including regu- tleman from New Mexico (Mr. UDALL) expand existing ones. lations that establish— each will control 20 minutes. (4) To provide management, technical, and ‘‘(i) standards relating to educational, The Chair recognizes the gentleman research assistance to small businesses technical, and support services to be pro- from Illinois (Mr. MANZULLO). owned by Indian tribe members, Alaska Na- vided by Small Business Development Cen- tives, and Native Hawaiians. ters receiving assistance under this para- GENERAL LEAVE (5) To seek the advice of the governing bod- graph; and Mr. MANZULLO. Mr. Speaker, I ask ies of Indian tribes, corporations organized ‘‘(ii) standards relating to any work plan unanimous consent that all Members pursuant to the Alaska Native Claims Set- that the Associate Administrator may re- may have 5 legislative days within tlement Act and other Alaska Native enti- quire a Small Business Development Center which to revise and extend their re- ties, and Native Hawaiian organizations on receiving assistance under this paragraph to marks and include extraneous material where small business development assistance develop. on H.R. 2538. is most needed. ‘‘(G) DEFINITIONS.—In this paragraph, the The SPEAKER pro tempore. Is there (6) To ensure that Indian tribe members, following definitions apply: Alaska Natives, and Native Hawaiians have objection to the request of the gen- ‘‘(i) ASSOCIATE ADMINISTRATOR.—The term tleman from Illinois? full access to existing business counseling ‘Associate Administrator’ means the Asso- and technical assistance available through There was no objection. ciate Administrator for Small Business De- Mr. MANZULLO. Mr. Speaker, I yield the Small Business Development Center pro- velopment Centers. gram. ‘‘(ii) INDIAN LANDS.—The term ‘Indian myself such time as I may consume. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER lands’ means, in the 48 contiguous States, Mr. Speaker, I am pleased to join ASSISTANCE TO INDIAN TRIBE MEM- land that is a ‘reservation’ for the purposes with my good friend, the gentleman BERS, ALASKA NATIVES, AND NA- of section 4 of the Indian Child Welfare Act from New Mexico (Mr. UDALL), in offer- TIVE HAWAIIANS. of 1978 (25 U.S.C. 1903) and land that is an ‘In- ing this bill today. (a) IN GENERAL.—Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by dian reservation’ for the purposes of section While many Americans are justifi- adding at the end the following: 151.2 of title 25, Code of Federal Regulations ably anxious about a one-half percent ‘‘(7) ADDITIONAL GRANT TO ASSIST INDIAN (as in effect on the date of enactment of this jump in the unemployment rate, about TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE paragraph). 60 percent of our Native American pop- ‘‘(iii) INDIAN TRIBE.—The term ‘Indian HAWAIIANS.— ulation lives in or adjacent to Indian ‘‘(A) IN GENERAL.—Any applicant in an eli- tribe’ means a federally recognized Indian tribe. lands that suffer from an average un- gible State that is funded by the Administra- employment rate of 45 percent. This tion as a Small Business Development Cen- ‘‘(iv) INDIAN TRIBE MEMBER.—The term ‘In- ter may apply for an additional grant to be dian tribe member’ means an individual who past summer I had the opportunity to used solely to provide services described in is a member of an Indian tribe. visit Santa Fe in the heart of the dis- subsection (c)(3) to assist with outreach, de- ‘‘(v) ALASKA NATIVE.—The term ‘Alaska trict of the gentleman from New Mex- velopment, and enhancement of small busi- Native’ means an individual who is— ico (Mr. UDALL); and at that time we ness startups and expansions that are owned ‘‘(I) a ‘Native’ for the purposes of section held a hearing involving the con- by Indian tribe members, Alaska Natives, or 3(b) of the Alaska Native Claims Settlement tracting practices of one of our labs Native Hawaiians and that are located in Act (43 U.S.C. 1602(b)); out there, the Los Alamos lab. Alaska or Hawaii, or on Indian lands in the ‘‘(II) a descendent of an individual who is a The evidence adduced at the hearing 48 contiguous States. ‘Native’ for the purposes of section 3(b) of the Alaska Native Claims Settlement Act (43 pointed out quite significantly that the ‘‘(B) ELIGIBLE STATES.—For purposes of Native American tribes are not getting subparagraph (A), an eligible State is a State U.S.C. 1602(b)); or that has a combined population of Indian ‘‘(III) a Tsimshian Indian who is an en- their share of the amount of Federal tribe members, Alaska Natives, and Native rolled member of the Metlakatla Indian dollars that are being poured into the Hawaiians that comprises at least 1 percent Community. Los Alamos facility. of the State’s total population, as shown by ‘‘(vi) NATIVE HAWAIIAN.—The term ‘Native One of the purposes of this bill is to the latest available census. Hawaiian’ means any individual who is a de- extend the facilities of the SBCDs, the ‘‘(C) GRANT APPLICATIONS.—An applicant scendant of the aboriginal people, who prior Small Business Development Centers, for a grant under subparagraph (A) shall sub- to 1778, occupied and exercised sovereignty of which there are over 1,000 in this mit to the Associate Administrator an appli- in the area that now constitutes the State of Hawaii. country, for the purpose of business cation that is in such form as the Associate counseling and technical assistance to Administrator may require. The application ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— shall include information regarding the ap- There is authorized to be appropriated to the Native Americans who may wish to plicant’s goals and objectives for the services carry out this paragraph $7,000,000 for each of become involved in the procurement to be provided using the grant, including— fiscal years 2002 through 2004. process. ‘‘(i) the capability of the applicant to pro- ‘‘(I) FUNDING LIMITATIONS.— What is good about this bill, Mr. vide training and services to a representative ‘‘(i) NONAPPLICABILITY OF CERTAIN LIMITA- Speaker, is the fact that this is a self- number of Indian tribe members, Alaska Na- TIONS.—Funding under this paragraph shall help program, it involves the outlay of tives, and Native Hawaiians; be in addition to the dollar program limita- a relatively small amount of money, it ‘‘(ii) the location of the Small Business De- tions specified in paragraph (4). ‘‘(ii) LIMITATION ON USE OF FUNDS.—The Ad- is aimed directly at the Native Ameri- velopment Center site proposed by the appli- cans that really need the assistance, cant; ministration may carry out this paragraph ‘‘(iii) the required amount of grant funding only with amounts appropriated in advance and it is the type of learning of busi- needed by the applicant to implement the specifically to carry out this paragraph.’’. ness techniques that makes the Native program; and SEC. 4. STATE CONSULTATION WITH LOCAL TRIB- Americans better able to compete to go ‘‘(iv) the extent to which the applicant has AL COUNCILS. after these Federal contracts and in consulted with the governing bodies of In- Section 21(c) of the Small Business Act (15 the private sector. dian tribes, corporations organized pursuant U.S.C. 648(c)) is amended by adding at the So I join in the support of this bill to the Alaska Native Claims Settlement Act end the following: and would encourage my colleagues to and other Alaska Native entities, and Native ‘‘(9) ADVICE OF GOVERNING BODIES OF INDIAN support H.R. 2538. Hawaiian organizations, as appropriate. TRIBES, ALASKA NATIVE CORPORATIONS AND Mr. Speaker, I reserve the balance of ‘‘(D) APPLICABILITY OF GRANT REQUIRE- OTHER ENTITIES, AND NATIVE HAWAIIAN ORGA- my time. MENTS.—An applicant for a grant under sub- NIZATIONS.—A State receiving grants under paragraph (A) shall comply with all of the Mr. UDALL of New Mexico. Mr. this section shall request the advice of the Speaker, I yield myself such time as I requirements of this section, except that the governing bodies of Indian tribes, corpora- matching funds requirements of paragraph tions organized pursuant to the Alaska Na- may consume. (4)(A) shall not apply. tive Claims Settlement Act and other Alaska First of all, let me thank the major- ‘‘(E) MAXIMUM AMOUNT OF GRANTS.—No ap- Native entities, and Native Hawaiian organi- ity leader for allowing this legislation plicant may receive more than $300,000 in zations, as appropriate, on how best to pro- to come before the House for consider- grants under this paragraph in a fiscal year. vide assistance to Indian tribe members, ation. I also would like to thank the ‘‘(F) REGULATIONS.—After providing notice Alaska Natives, and Native Hawaiians and gentleman from Illinois (Chairman and an opportunity for comment and after where to locate satellite centers to provide MANZULLO) and the ranking member, consulting with the Association recognized such assistance.’’. by the Administration pursuant to para- the gentlewoman from New York (Ms. graph (3)(A) (but not later than 180 days after The SPEAKER pro tempore. Pursu- VELA´ ZQUEZ), for their work and com- the date of enactment of this paragraph), the ant to the rule, the gentleman from Il- mitment to expanding small business Administrator shall issue final regulations linois (Mr. MANZULLO) and the gen- opportunities for all Americans.

VerDate 05-DEC-2001 00:16 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.009 pfrm01 PsN: H05PT1 H8858 CONGRESSIONAL RECORD — HOUSE December 5, 2001 H.R. 2538 will establish a 3-year pilot colleagues on the Committee on Re- nical assistance and aid needed to spur program for providing grants to Small sources, in particular the gentleman and perpetuate an extraordinary burst Business Development Centers for as- from Utah (Mr. HANSEN). They contrib- of enterprise. It ensures that those sisting Native American, Native Alas- uted immensely to this bill in order to seeking to develop small businesses kan and Native Hawaiian populations make sure that we are helping as many will have full access to counseling and with their small business development native Americans as possible, and par- technical assistance provided by the needs. ticularly in clarifying the language as SBA’s Small Business Development Today we have demonstrated how im- it applies to Alaska natives. I thank Program. portant small business is to the health them for their contribution to this im- With the economy in a downturn, we of our economy, but there are still portant legislation. need this bill now more than ever, be- places in this country where economic Mr. Speaker, I reserve the balance of cause enterprise is the engine of recov- prosperity has often failed to reach. my time. ery. These hardworking entrepreneurs These areas deserve our attention and Mr. UDALL of New Mexico. Mr. deserve the best service available to assistance. Speaker, I yield such time as she may build and grow. This legislation will Consider this: nowhere in America consume to the gentlewoman from New ensure they receive that aid which will has poverty persisted longer than on or York (Ms. VELA´ ZQUEZ), our ranking help spread and sustain prosperity to near Native American reservations, member and a very hardworking mem- every corner of our country. ber on this piece of legislation. which suffer an average unemployment ´ Mr. Speaker, I urge all of my col- rate of 45 percent. However, the num- Ms. VELAZQUEZ. Mr. Speaker, I rise leagues to support this legislation. ber of businesses owned by Indian tribe in strong support of H.R. 2538, the Na- Mr. UDALL of New Mexico. Mr. members and Native Alaskans grew by tive American Small Business Develop- Speaker, I yield 3 minutes to the gen- 84 percent from 1992 to 1997, and their ment Act. This is an important piece of tlewoman from the Virgin Islands (Mrs. gross receipts grew by 179 percent in legislation which we need now more CHRISTENSEN). than ever. I thank the gentleman from that period. This is compared to all Mrs. CHRISTENSEN. Mr. Speaker, I New Mexico for his hard work on this businesses which grew by 7 percent, thank the gentleman for yielding me issue, and I congratulate him for bring- and their total gross receipts grew by time. ing it to the floor today. Mr. Speaker, today I join my col- 40 percent in that period. In the past decade, our economy has I would like to continue this growth leagues in support of H.R. 2538, the Na- created more than 15 million new jobs tive American Small Business Develop- and expansion of small enterprise and the greatest boom time on record. through this legislation. My bill en- ment Act. Within the past decade, American small business has been an America’s small businesses have expe- sures that Native Americans, Native integral part of this growth. Small Alaskans and Native Hawaiians seek- rienced unprecedented growth and have companies and entrepreneurs employ contributed greatly to our Nation’s ing to create, develop and expand small half our workers, create jobs 75 percent businesses, have full access to the economic upswing prior to September faster than large firms, and make up 11. Now they will be an important en- counseling and technical assistance nearly half our gross domestic product. available through the SBA’s SBDC pro- gine for recovery. They are the key to our success and As the premier technical assistance gram. The business development tools will be the key to our economic recov- offered by SBDCs can assist Native providers to America’s entrepreneurs, ery. Small Business Development Centers Americans with the information and But the prosperity many Americans are responsible, in large part, for the opportunity to build sustainable busi- have enjoyed failed to reach some successes of small businesses. nesses in their communities. places in our country. Certain regions We know that many of these busi- The Native American Small Business and communities peer over an ever- nesses operate near or at their profit Development Act would permit State widening canyon that separates them margin and do not have the additional Small Business Development Centers from those better off. These areas de- resources to hire legal or technical ex- to apply for Federal grants to establish serve our attention and our help to fill perts. This is where the SBDCs step in one or more Native American Small that gap. Business Development Centers. In an Nowhere in America is poverty more to provide free or, in a few instances, effort to ensure the quality and success persistent than on and near Native low-cost technical assistance. Research of the program, the proposal requires American reservations where citizens shows that small businesses that re- grant applicants to provide the SBA suffer a staggering average unemploy- ceive this technical assistance are with their goals and objectives, includ- ment rate of 45 percent. Over a third of twice as likely to succeed as those ing their experience in assisting entre- reservation inhabitants live below the which do not. preneurs with the difficulties in oper- poverty line. Mr. Speaker, for too long our Na- ating a small business. But one of the bright spots on many tion’s Native American population, the In addition, the applicant must show reservations during the past decade has first Americans, have been, as they their ability to provide training and been the growth of small business. have often been referred to as, the ‘‘for- services to a representative number of From 1992 to 1997, the number of busi- gotten people.’’ As a member of the Native Americans, Native Alaskans nesses owned by Native Americans Committee on Resources, like the gen- and Native Hawaiians. Most impor- grew by 84 percent. Their gross receipts tleman from New Mexico (Mr. UDALL), tantly, applicants must seek the advice also grew during that time by 179 per- and as a person with Native American of the local native population on spe- cent. Those rates dwarf national fig- lineage myself, I want to commend the cific needs and the location of services ures for small business. Clearly, Native gentleman from New Mexico for intro- they will provide. American enterprise is a powerful en- ducing this bill, and I am pleased to It is clear we can do more to aid Na- gine for renewal. support it, and I look forward to its tive American entrepreneurs. Not While such spirit is innate, success is passage today. enough has been done to assist Native learned. We know from consistent and While our country has experienced Americans in building their businesses, incontrovertible evidence that tech- economic prosperity over the past dec- which in turn helps benefit their com- nical assistance helps small companies. ade, the Native American community, munities. Entrepreneurs who learn business including the Alaskan Natives and Na- skills are twice as likely to succeed. tive Hawaiian communities, continue b 1200 The gentleman from New Mexico (Mr. to lag behind. For example, the average I hope to change that with this legis- UDALL), my good friend, understands unemployment rate for Native Amer- lation. this principle, which is why he intro- ican communities, particularly on res- Mr. Speaker, I reserve the balance of duced his innovative and valuable leg- ervations, averages about 45 percent, my time. islation. I commend him for his leader- with one-third of Native Americans liv- Mr. MANZULLO. Mr. Speaker, I yield ship and stewardship of this bill. ing below the poverty level. With only myself such time as I may consume. I The Native American Small Business limited help, Native American small want to acknowledge the work of my Development Act will provide the tech- businesses have grown at a rate of 84

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.031 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8859 percent over the past 5 years, but we of small business. I am so happy that H.R. 2538 as amended does not differ in need to help them more. We need to the gentleman has chosen and has had substance from the bill as reported by the help them do better. an opportunity to address this issue. Committee on Small Business. Rather, the Mr. Speaker, H.R. 2538 will provide $7 Secondly, I had a chance to visit the measure under consideration today simply million to fund a 3-year pilot program Small Business Development Center in recognizes the unique Native American poli- to provide technical assistance to Na- Hawaii where they were doing innova- cies that Congress has implemented in the tive American, Native Alaskan, and tive things on a lot of little small is- State of Alaska, and clarifies how the grant Native Hawaiian businesses. This pro- lands where they were able to put the program the bill authorizes will be imple- gram will give these businesses better counselor for the Small Business De- mented in that State. access to the SBDC network, no matter velopment Center on a computer at one In the 48 contiguous States, Congress’s pol- where they are located. It will help to end and the people on the small islands icy on Native Americans has focused on rec- sustain and, hopefully, boost the at the other end to engage in coun- ognizing groups of Native Americans as ‘‘fed- growth of Native American, Native seling. So I am so happy that the generally recognized tribes’’ that are distinct polit- Alaskan and Hawaiian Native busi- tleman has taken the leadership in this ical entities and a majority of whose members nesses which, in turn, will spur the area, and I rise in support of him and reside on reservations and other land that is much-needed economic growth in these congratulate him on the work he is owned by the United States in trust. communities. doing, and the chairman as well. However, while Congress has routinely des- Once again, I would like to commend Mr. UDALL of New Mexico. Mr. ignated groups of Alaska Natives as ‘‘tribes,’’ the gentleman for championing this Speaker, I yield myself such time as I it has done so for the sole purpose of ensur- cause and bringing this legislation to may consume. ing that Alaska Natives are eligible for pro- the floor, and I urge my colleagues to Mr. Speaker, let me just thank the grams and services that the United States pro- support it. chairman of the committee, the gen- vides to Native Americans because of their Mr. UDALL of New Mexico. Mr. tleman from Illinois (Mr. MANZULLO), status as Native Americans. Speaker, I yield 2 minutes to the gen- once again. I want to echo what has Congress has not recognized any group of tleman from Illinois (Mr. DAVIS). been said earlier, that we have one of Alaska Natives as a ‘‘federally recognized Mr. DAVIS of Illinois. Mr. Speaker, the most bipartisan committees in the tribe’’ that is a distinct political entity. first of all, let me congratulate the Congress, and I know because of all of Instead, since 1884 Congress has required gentleman from New Mexico (Mr. the chairman’s hard work we have got- Alaska Natives to be, at all locations in Alas- ka, subject to the same criminal and civil state UDALL) on the introduction of this bill. ten this bill through and gotten this I also want to commend the chairman done. laws that non-Native Alaskans are required to I want to take the opportunity to and ranking member for the efficient observe. thank the staff on both sides and my Consistent with that policy, in 1971 when it manner in which they have moved this staff member, Tony Martinez, who has extinguished Alaska Native aboriginal title by legislation to the floor. worked very hard on this. enacting the Alaska Native Claims Settlement Mr. Speaker, I rise in support of H.R. Members from both parties talked Act, Congress required Alaska Natives to or- 2538, the Native American Entrepre- about visiting my district and learning ganize business corporations under the laws neurial Development Act. This legisla- from those experiences out there, and I of the state of Alaska and then directed the tion would provide $7 million to fund a think one of the things they learned is Secretary of the Interior to convey the cor- 3-year program for technical assistance that we can make a real difference for porations fee title to 44 million acres of Fed- to Native American businesses. Native American entrepreneurs with eral land. Mr. Speaker, the reality is that when this piece of legislation. The amendments made to H.R. 2538 as re- we provide an opportunity for Native So let me once again just thank the ported by the Committee on Small Business American businesses to grow and de- gentleman from Illinois (Mr. MAN- simply acknowledge that Congress’ Alaska velop, to experience some sense of ZULLO) for all of his hard work. Native policy is quite different from the Native technical knowledge, to be able to Mr. RANGEL. Mr. Speaker, I rise today in American policy that Congress has imple- come into the mainstream, then we are support of the bill H.R. 2538, an important mented in the 48 contiguous States. It will also really doing the work, I think, that we piece of legislation for the Native American ensure that the intent of H.R. 2538 can be ef- were sent here to do. small businesses community. fectively met in Alaska for the benefit of Alas- I do not want to be redundant, but I Now, more than ever, we need to develop ka Natives. certainly want to commend again the and expand the Native American private sec- I would like to thank the gentleman from gentleman from New Mexico for his tor. Industries employ a growing number of in- New Mexico and the chairman and ranking sensitivity and understanding and rec- dividuals on reservations. The expansion of members of the Small Business Committee, ognition of the needs of the people that small businesses positively impacts these and their staff, for their assistance in making he represents. Again, I commend the communities by putting money directly into appropriate changes to the language in the bill chairman, the gentleman from Illinois their hands and places them directly in control as reported. (Mr. MANZULLO), and the ranking mem- of their destinies. These amendments will ensure the pro- ber for the efficiency and the good In addition to creating new small businesses grams authorized by H.R. 2538 assist Alaska work of this Committee on Small Busi- and enlarging existing ones we must provide Natives as intended. I support H.R. 2538 as ness. With all due respect to other management, technical, and research assist- amended. committees, Mr. Speaker, I think that ance to Native Americans who seek to create, Mr. MATHESON. Mr. Speaker, it is with this is probably one of the most bipar- develop, or expand small businesses. Only by great pleasure that I rise today to support H.R. tisan, one of the most efficient com- providing them full access to the necessary 2358, the Native American Entrepreneurial mittees in Congress, and we all do an business counseling and technical assistance Development Act. This legislation is a great outstanding job on it. can we ensure their success, a success that step forward for the small businesses owned Mr. UDALL of New Mexico. Mr. is so important to the future of those commu- and operated by Native Americans. Speaker, I yield 1 minute to the gentle- nities. As many of us know, there are over 1,000 woman from Ohio (Mrs. JONES). With our priority to support the Native Amer- Small Business Development Centers across Mrs. JONES of Ohio. Mr. Speaker, I ican small business community, we build a the United States serving over 600,000 busi- thank the gentleman for his leadership stronger economy and provide jobs to tribal nesses. Over 30 percent of those businesses on this issue, and I thank the chairman members. This will, in turn, open the doors for are minority-owned. Unfortunately, while small for his leadership on the committee. the future of the tribal Nations. Native Ameri- businesses helped in our Nation’s economic I just rise very quickly to say that I cans face various challenges and we have the boom in the 1990s, Native American commu- had an opportunity to visit Ship Rock, obligation to actively pursue methods to im- nities have lagged behind. Unemployment, es- New Mexico, with President Clinton prove the Native American standard of living. pecially on reservations, continues to be a when we went on the tour of the Dig- Mr. YOUNG of Alaska. Mr. Speaker, I rise rampant 45 percent. Even worse, nearly one ital Divide. At that time, I had a in support of H.R. 2538 as amended, and wish in three Native Americans live far below the chance to visit an Indian reservation, to clarify how the program authorized in this poverty line. and I had a chance to speak with and bill operates with respect to my Alaska Native This legislation focuses on a $7 million pilot discuss with the people there the issues constituents. program that will provide technical assistance

VerDate 05-DEC-2001 01:32 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K05DE7.033 pfrm01 PsN: H05PT1 H8860 CONGRESSIONAL RECORD — HOUSE December 5, 2001 to Native American businesses. Since Native allowing individuals to find their way out of Whereas during these phone conversations American businesses have grown at a rate of poverty. several of the passengers indicated that 84 percent over the last 5 years, H.R. 2358 H.R. 2538 creates a 3-year pilot program to there was an agreement among the pas- support this entrepreneurial spirit by providing sengers and crew to try to overpower the hi- will help more Native Americans find success jackers who had taken over the aircraft; as they launch companies and access the grants to Small Business Development Cen- Whereas it is believed that it was this ef- Small Business Development Center’s net- ters that assist the small business needs of fort to overpower the hijackers that caused work. native people. Flight 93 to crash in southwestern Pennsyl- I appreciate the work and leadership of my Under this bill, Small Business Development vania, short of what is believed to have been colleagues on this legislation. As we work to- Centers can obtain $300,000 grants to assist its intended target: Washington, D.C.; and gether, I believe that we will find more positive with outreach, development, and enhancement Whereas the crash resulted in the death of solutions that will help Native Americans of small businesses owned by Indian tribe everyone on board the aircraft: Now, there- throughout the United States become more members, Native Alaskans, and Native Hawai- fore, be it Resolved by the House of Representatives (the successful. I ask my colleagues to support ians. The bill will target the grants to busi- Senate concurring), That it is the sense of the H.R. 2358, the Native American Entrepre- nesses located on or near native lands, which Congress that— neurial Development Act, and give Native will create new job opportunities for native (1) on September 11, 2001, the passengers American businesses the opportunity to ac- people living in these areas. and crew of hijacked United Airlines Flight cess capitol, hire strong, skilled workers, and The bill require states to consult with local 93 possibly averted the use of that aircraft in successfully negotiate Federal, State, and native groups to determine the best way to a further terrorist attack on the United local laws and regulations. provide assistance and where to locate sat- States by attempting to overpower the hi- Mr. KILDEE. Mr. Speaker, as co-chairman ellite business centers. The cooperative nature jackers; of the relationship between the Small Busi- (2) the United States owes its deepest grat- of the Congressional Native American Caucus, itude to the passengers and crew of Flight 93, I rise in strong support of H.R. 2538, a bill that ness Development Centers and native people and extends its condolences to the families amends the Small Business Act to expand will help ensure the success of the program. and friends of Captain Jason Dahl, First Offi- and improve the assistance provided by the I urge my colleagues to vote for H.R. 2538 cer Leroy Homer, flight attendants Lorraine Small Business Development Centers (SBDC) and help provide small business opportunities G. Bay, Sandra W. Bradshaw, Wanda A. for Native American tribal members. Alaska to Native Americans throughout America. Green, Ceecee Lyles, Deborah A. Welsh, and Natives and Native Hawaiians. I want to thank Mr. UDALL of New Mexico. Mr. passengers Christian Adams, Todd Beamer, my good friend from New Mexico, Congress- Speaker, I yield back the balance of Alan Beaven, Mark Bingham, Thomas Bur- nett, William Cashman, Georgine Corrigan, man TOM UDALL, for introducing this bill. I am my time. Mr. MANZULLO. Mr. Speaker, I yield Joseph Deluca, Patrick Driscoll, Edward proud to be an original cosponsor. Felt, Jane C. Folger, Colleen Fraser, Andrew Mr. Speaker, the bill establishes a 3-year back the balance of my time. The SPEAKER pro tempore (Mr. Garcia, Jeremy Glick, Kristin Gould, Lauren pilot project that allows any SBDC in a State, Grandcolas, Donald Greene, Linda Gronlund, whose Native American tribal members, Alas- SHIMKUS). The question is on the mo- Richard Guadagno, Toshiya Kuge, Hilda ka Native, or Native Hawaiian populations are tion offered by the gentleman from Illi- Marcin, Waleska Martinez, Nicole Miller, 1 percent of the State’s total population, to nois (Mr. MANZULLO) that the House Louis J. Nacke, Donald Peterson, Mark apply for grants from the Small Business Ad- suspend the rules and pass the bill, Rothenberg, John Talignani, Honor Eliza- ministration. The grants will help the SBDCs to H.R. 2538, as amended. beth Wainio, and 9 passengers whose families The question was taken; and (two- wish them to remain anonymous; and assist the small business owners with their en- (3) a memorial plaque to these victims trepreneurial needs. thirds having voted in favor thereof) the rules were suspended and the bill, should be placed on the grounds of the Cap- The purpose of this bill is to create jobs and itol, and a copy of the wording of the plaque, to foster economic development on tribal as amended, was passed. together with a copy of this resolution from lands. It is my hope that by using the existing The title of the bill was amended so the Congressional Record, should be sent to structure of the Small Business Administra- as to read: ‘‘A bill to amend the Small a designated survivor of each victim. tion’s SBDC program, small businesses on Business Act to expand and improve The SPEAKER pro tempore. Pursu- tribal land will have a better chance for suc- the assistance provided by Small Busi- ant to the rule, the gentleman from ness Development Centers to Indian cess. Due to limited resources, the SBDC pro- Florida (Mr. MICA) and the gentleman tribe members, Alaska Natives, and gram has had a difficult time providing coun- from Illinois (Mr. LIPINSKI) each will seling and technical assistance to small busi- Native Hawaiians.’’. control 20 minutes. A motion to reconsider was laid on ness owners on tribal land. This bill will pro- The Chair recognizes the gentleman the table. vide SBDC the adequate resources it needs to from Florida (Mr. MICA). reach out to small business owners in Indian f Mr. MICA. Mr. Speaker, I yield my- country. EXPRESSING SENSE OF CONGRESS self such time as I may consume. Mr. Speaker, I ask my colleagues to support IN HONORING THE CREW AND Mr. Speaker, this resolution was in- this measure. PASSENGERS OF UNITED AIR- troduced by the gentleman from Ken- Mrs. MINK of Hawaii. Mr. Speaker, I rise LINES FLIGHT 93 tucky (Mr. FLETCHER). As of yesterday, it had 131 cosponsors, and I know many today in support of H.R. 2538, the Native Mr. MICA. Mr. Speaker, I move to others are interested in cosponsoring American Small Business Development Act. suspend the rules and agree to the con- this important resolution. Native people throughout our country concurrent resolution (H. Con. Res. 232) ex- The resolution was introduced on tinues to struggle because they lack the basic pressing the sense of the Congress in September 20, 2001, 9 days after the economic infrastructure to support businesses. honoring the crew and passengers of September 11 attack on America. Consequently, the poverty rate for native peo- United Airlines Flight 93. In my view, all the victims who gave ple remains at an unacceptable level. Accord- The Clerk read as follows: ing to the Census Bureau, the poverty rate for their lives on September 11 are Amer- H. CON. RES. 232 American Indians and Alaska Natives aver- ican heroes. Of course, much attention aged 25.9 percent from 1998 through 2000. Whereas on September 11, 2001, acts of war has been rightfully focused on the he- were committed against the United States, roes that took heroic actions in the In Hawaii, census data indicates that Native killing and injuring thousands of innocent Hawaiians continue to be clustered in the people; World Trade Center and also in the state’s poorest areas. According to the State Whereas these attacks were directed at the Pentagon. But, Mr. Speaker, the pas- of Hawaii’s Office of Hawaiian Affairs, Native World Trade Center in New York, New York, sengers of United Flight 93 deserve spe- Hawaiians significantly lag behind the state’s and the Pentagon in Washington, D.C., which cial recognition. averages for family income and high school are symbols of the Nation’s economic and As the fourth plane hijacked on that graduation rates. The unemployment rate for military strength; day, the passengers, unfortunately, Native Hawaiians living in Hawaii during 2000 Whereas United Airlines Flight 93 was hi- knew the fate that awaited them. jacked by terrorists as part of these attacks; Rather than accept that fate, however, was 7.2 percent, well above the state average Whereas while Flight 93 was still in the of 4.3 percent. air, passengers and crew, through cellular the passengers of Flight 93 acted. We Despite these sobering statistics, native phone conversations with loved ones on the know they courageously fought back people continue to show a strong entrepre- ground, learned that other hijacked air- against the terrorists. While they did neurial spirit. These businesses are gateways planes had been used in these attacks; not succeed in saving the aircraft or

VerDate 05-DEC-2001 01:32 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.013 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8861 their own lives, they were able to pre- I also want to thank my staff mem- last conversation with his wife saying, vent hijackers from achieving their ber, Phillip Brown, who has worked ‘‘Okay, we are going to do something.’’ horrible objectives. In that process, Mr. very hard to get this done. It was origi- Passengers like Jeremy Glick, who Speaker, they lost their lives, and they nally his idea. I think it is very appro- told his wife that the passengers and lost their lives conducting heroic ac- priate as the families and survivors, crew had taken a vote and agreed to tions. and not only that, all of us, as we go try to take back the plane. While we may never confirm the tar- about these Capitol grounds, I think it Crew members like Sandra Bradshaw, gets of those terrorists, we know they will be the appropriate thing to do. I who told her husband of the plan to were headed, in fact, to Washington think it will be great for posterity as rush the hijackers and take back con- and, more than likely, this very Cap- they see a plaque that honors those on trol of the plane, and that she was boil- itol building. The heroic actions of the Flight 93 that I do believe had a signifi- ing water to use as a weapon against passengers and crew of Flight 93 saved cant part in saving probably our Cap- the terrorists. many lives. Therefore, it is entirely fit- itol. The passengers and crew, all of whom ting that we, my colleagues in the Con- On September 11, United Airlines are survived by loved ones, husbands, gress today, honor the crew and pas- Flight 93, piloted by Captain James wives, children, and parents, very like- sengers on Flight 93 with both this res- Dahl, departed from Newark Inter- ly averted the destruction of the U.S. olution and also with a memorial national Airport at 8:01 on a routine Capitol and the symbol this institution plaque on the grounds, as called for in flight to San Francisco with six other has become for the democratic process this resolution. crew members and 38 passengers on of government, and in the process, sav- board. Shortly after departure, the b 1215 ing hundreds, perhaps thousands of flight was hijacked by terrorists. lives. I want to take this opportunity to The hijacking was one of four, as we By their heroic acts, Lady Liberty again congratulate our colleague, the all remember, on the morning of Sep- still stands at the top of our noble gentleman from Kentucky (Mr. tember 11. We all remember that date dome, and the light of freedom still FLETCHER), for his initiative in intro- because it was a horrible day and a shines brightly here in the Capitol. ducing this significant resolution, and turning point in our Nation’s history. This resolution expresses the sense of urge its adoption in the House. Four of our own planes were hijacked Congress that a memorial plaque to Mr. Speaker, I reserve the balance of and targeted on buildings that define honor, and I would like to read these my time. our Nation and symbolize our freedom names, Captain Jason Dahl, First Offi- Mr. LIPINSKI. Mr. Speaker, I yield and values and symbolize our Nation’s cer Leroy Homer, flight attendants myself such time as I may consume. economic and military strength. Three Lorraine G. Bay, Sandra W. Bradshaw, Mr. Speaker, I am very proud and of these planes hit their marks, result- privileged to rise today to support this Wanda A. Green, Ceecee Lyles, Deborah ing in an incomprehensible tragedy and A. Welch, passengers Christian Adams, resolution. These American heroes loss of innocent life on a scale not seen launched the first offensive action of Todd Beamer, Alan Beaven, Mark Bing- in this country since the Civil War. ham, Thomas Burnett, William the United States of America’s war on We know that the passengers and terrorism. They truly are American he- Cashman, Georgine Corrigan, Patricia crew learned through cellular phone Cushing, Joseph DeLuca, Patrick Dris- roes. They knew the odds were over- conversations with loved ones on the whelmingly against them; yet moti- coll, Edward Felt, Jane C. Folger, Col- ground of the deliberate acts of the de- leen Fraser, Andrew Garcia, Jeremy vated by patriotism, love of God, fam- struction and murder occurring in New Glick, Christine Gould, Lauren ily, and country, they attacked the ter- York City and Washington, D.C., and Grandcolas, Donald Greene, Linda rorists to protect other Americans in that hijacked aircraft had been used in Gronlund, Richard Guadagno, Toshiya America. these terrorist acts of war. Someone once said, ‘‘Responsibility During these phone conversations, Kuge, Hilda Marcin, Waleska Martinez, is a wine press that brings forth several of the passengers indicated that Nicole Miller, Louis J. Nacke, Donald strange juices.’’ The juices that came there was an agreement among the pas- Peterson, Jean Peterson, Mark from these passengers on United Flight sengers and crew to try to overpower Rothenberg, Christine Snyder, John 93 were unbelievable strength and un- the hijackers who had taken over the Talignani, and Honor Elizabeth Wainio. limited courage. aircraft. It is believed that it was this This plaque should be crafted and Like those Americans on Bataan, effort to overpower the hijackers that placed here on the grounds of the Corregidor, and Wake Island, these caused Flight 93 to crash at 10:37 a.m. United States Capitol expressing our Americans sacrificed for their country in southwestern Pennsylvania near thanks and condolences; and a copy of and their families. No American should Schwenksville, short of what is be- the plaque, together with a copy of this ever forget what they accomplished. lieved to have been its intended target, resolution from the CONGRESSIONAL Mr. Speaker, I reserve the balance of Washington, D.C., and probably, this RECORD, should be sent to a designated my time. very Capitol building we stand in survivor of each victim. Mr. MICA. Mr. Speaker, I am pleased today. I am confident with the passage of to yield 5 minutes to the gentleman These efforts of these individuals on this resolution that the Speaker of the from Kentucky (Mr. FLETCHER), who is this plane heroically limited the dam- House, the House minority, the Senate also the author of this resolution. age the terrorists could inflict, losing majority leader, and the Senate minor- Mr. FLETCHER. Mr. Speaker, I their lives for their country in the ity leader will ask and direct the Ar- thank the gentleman from Florida for process. We owe the passengers and the chitect of the Capitol to begin plans for his work on the Committee on Trans- crew our gratitude and our honor. design, crafting, and placement of this portation and Infrastructure. The participants of the resistance on plaque, to begin as soon as possible. Mr. Speaker, as we look at this, I rise board Flight 93 showed selfless courage I also want to thank my colleagues today to encourage my colleagues to and patriotism: for their support of this resolution; and vote for this measure; and I really do Passengers like Todd Beamer, whose after this vote, I intend to send a letter not think it will take a lot of encour- young widow is here today in Wash- to the leadership regarding this sense agement because we have had an over- ington. He told a telephone operator of Congress, and I invite my colleagues whelming expression of enthusiasm re- how much he loved his expecting wife to join me. garding those on Flight 93 and their he- and two sons, and he asked her to call Mr. LIPINSKI. Mr. Speaker, I yield 2 roic activities. them. He asked her to pray the Lord’s minutes to the gentlewoman from Ha- Mr. Speaker, this is a resolution ex- Prayer and Psalm 23 with him. He told waii (Mrs. MINK). pressing a sense of Congress that a me- her, ‘‘I am going to have to go out in Mrs. MINK of Hawaii. Mr. Speaker, I morial plaque be established on the faith,’’ and his now famous words thank the gentleman for yielding time grounds of the Capitol. It is an expres- ‘‘Let’s roll’’ have become a rallying cry to me. sion of our thanks and condolences to in America. Mr. Speaker, I rise today to join in the passengers and crew of United Passengers like Tom Burnett, who strong support of House Concurrent Flight 93. left what he knew would be likely his Resolution 232, in honor of all of the

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.036 pfrm01 PsN: H05PT1 H8862 CONGRESSIONAL RECORD — HOUSE December 5, 2001 passengers and the crew on United that cockpit to any hijacker, no mat- and crew members knew that if they Flight 93 that were lost on that fateful ter what may be happening in the did not act the terrorists would strike day, September 11, 2001. cabin. another blow against the country they Mr. Speaker, I rise today because two Nothing else, not the banning of love. of those who lost their lives came from tasers or knives or even strip searches, Flight 93 went down just outside of Hawaii: Georgina Corrigan and Chris- is going to make air travel any safer my district. That is now hallowed tine Snyder. than that. ground. Family and friends of the pas- Nothing could be more appalling As we honor these people who gave sengers and crew of Flight 93 visit that than the spectacle of the airplanes their lives and were so brave and cou- site to continue to remember their crashing into the World Trade Center, rageous, let us admit that perhaps we loved ones. and then to learn that a plane had also have made some mistakes in Congress This Congress should make sure that crashed in the Pentagon, and to learn in dealing with this crisis. The fact is their brave actions will never be for- about the crash in the fields in Penn- that we have moved forward in re- gotten by their family and friends and sylvania. But the most devastating sponse to these horror stories on Sep- every citizen of this Nation for genera- news for the people of Hawaii was to tember 11 and the bravery on Flight 93 tions to come. This Congress should learn the names of all of the individ- and the other planes that were hi- show our Nation’s gratitude by passing uals from Hawaii who were lost in all jacked, and we have put in place poli- this resolution and erect a memorial of the four sites. cies that may be backfiring right now. plaque on the Capitol grounds in honor The two who lost their lives at Penn- Instead of saving the industry, we of the men and women of Flight 93. sylvania in United Flight 93 are espe- may be killing the airline industry, These citizens were true American he- cially endeared to all of us here in the and that is the very last thing we roes. Capitol because there is nothing to dis- should do to honor these brave people Mr. MICA. Mr. Speaker, may I in- count the basis of information that we on Flight 93, who more than any other quire as to the time remaining? The SPEAKER pro tempore (Mr. have that that plane, had it not been fellow Americans stand for freedom to SHIMKUS). The gentleman from Florida overtaken by those passengers, was travel. Instead of saving our airline in- (Mr. MICA) has 8 minutes remaining. destined to Washington, D.C. and quite dustry, we have people who are being The gentleman from Illinois (Mr. LI- probably the Capitol building itself. We now so inconvenienced that they are PINSKI) has 15 minutes remaining. would not be standing here today, we giving up airline travel. This makes no Mr. MICA. Mr. Speaker, I am pleased would not be part of this great legisla- sense at all. We should today, as we to yield 31⁄2 minutes to the gentleman tive body if the people on Flight 93 had honor these heroes of Flight 93, reex- from New Jersey (Mr. SMITH). not taken the heroic stand that they amine what we put in place so our air- Mr. SMITH of New Jersey. Mr. did. lines can serve people. Speaker, I thank my good friend, the So I stand here on behalf of all of the As the gentleman from California gentleman from Florida (Mr. MICA), for grateful people of this Capitol and its (Mr. FILNER) mentioned to me a few yielding me the time. vicinity and of the government here in moments ago, we are losing more pas- Mr. Speaker, I rise today in very Washington, D.C. to especially pay sengers to this incredible, nonsensical strong support of this resolution to tribute to those who lost their lives in way that we are hindering people from honor the heroes on Flight 93 who un- Flight 93, United, and especially to re- getting on the plane to the inconven- doubtedly gave their lives so that other member the two women from Hawaii ience that we have created that is not people, perhaps people in this building, whose beloved ones, their friends and making travel any safer than we are perhaps all of us, would be able to live. relatives, have all already had memo- losing passengers for fear of terrorism. Words, it seems to me, seem inad- rial services for them. They were dis- So today, let us honor these people equate to express the deep emotions tinguished in the lives and careers they who fought so bravely, these Ameri- that we feel for the loss suffered by the had. So I am here today to express on cans on Flight 93, United 93; and let us surviving family members of those who behalf of their families and all of their say that what they were fighting for perished on September 11. We offer our friends our gratitude and our ever- was the freedom to travel. Let us back sincere condolences, and we pray that lasting love and devotion in their up the airline industry. Let us not do God may supernaturally intervene with memory. something that just makes us feel good healing, comfort, and peace for them, Mr. MICA. Mr. Speaker, I am pleased or makes the American people feel especially during this holiday season. to yield 3 minutes to the gentleman good; but instead, let us put in practice Mr. Speaker, we will not forget the from California (Mr. ROHRABACHER). some of the changes in policy needed to action of those on Flight 93. Like I Mr. ROHRABACHER. Mr. Speaker, I make airline transportation safer, but said, they probably saved the lives of rise in strong support of this resolution is not some sort of show that makes many people here in Washington. Cap- honoring the crew and passengers of things more inconvenient, thus killing itol Hill was a very busy morning on United Flight 93. But, Mr. Speaker, my the airlines. September 11. Many congressional colleagues must be aware that as we b 1230 hearings were taking place. As a mat- honor these passengers we are honoring ter of fact, as chairman of the Com- them for disregarding government pol- Mr. LIPINSKI. Mr. Speaker, I yield 4 mittee on Veterans Affairs, at 10 icy. That government policy related to minutes to the gentleman from Penn- o’clock I was convening a hearing with how one deals with a hijacking situa- sylvania (Mr. MASCARA). the American Legion, and there were tion. That government policy man- Mr. MASCARA. Mr. Speaker, I thank several hundred legionnaires in attend- dated that we have full cooperation of the gentleman from Illinois (Mr. LIPIN- ance at that hearing. the passengers and the crew with any SKI) for yielding me the time. On the Senate side, the First Lady potential hijackers. Mr. Speaker, I rise to honor Amer- was preparing to testify on a hearing Amazingly, the FAA has still not ican heroes. Since September 11 our on early childhood development. changed that policy, despite the obvi- Nation has learned a lot about heroes. Their lives were saved, the lives of all ous changes in circumstance that make Not surprisingly, they are everywhere of the employees here in the Capitol this policy ridiculous. across this great country of ours. Some were probably saved from a horror be- Of all the precautions that we have of the first heroes to stand up for cause of their very heroic action. been taking or could be taking to make America on the tragic day were the The planned destruction of buildings sure that there are not any more hi- men and women of United Flight 93. was prevented. The Capitol, the White jackings, there are only really two When the 44 men and women aboard House, the many monuments, we are things that matter: to secure the air- Flight 93 discovered what was intended not sure what the final destination craft cockpits so they cannot be bro- for that plane, they united to make the was. There is a great deal of conjec- ken into; and, most importantly, to ultimate sacrifice for their Nation. ture, but the odds were that they were make sure that the crew and pas- Their valor thwarted either an attack coming here. sengers never again cooperate with hi- on this building or on the Nation’s Our Nation, Mr. Speaker, owes these jackers, and never open the door to White House. These brave passengers passengers and crew an enormous debt

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.056 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8863 of gratitude, and, again, their sacrifice I also believe that in the security bill that on September 11, 2001, departed from will be remembered for many, many that we passed we spent a considerable Newark International Airport at 8:01 a.m., on years to come. amount of time talking about the its scheduled route to San Francisco, CA. I would like to just point out that training on terrorist attacks that Shortly after departure, the plane was hijacked there were at least seven people who crews should receive. So I think that by terrorists. It is clear from the evidence that lived in or near my own central New since this horrendous terrorist attack after learning that other hijacked planes had Jersey district who were on that flight. on September 11 we in the House and been used to attack the World Trade Center in Some of the family members and the Senate and the executive branch of New York City, Jeremy and others onboard friends have contacted my office, and government have done a great, great United Airlines Flight No. 93 decided to fight we have tried to work on their behalf. deal to improve aviation security and the terrorists for control of the plane. Their Their names are in the resolution, but safety and, also, as I said earlier, to get brave defiance appears to have caused United out of respect and gratitude I would Americans back into the air. Flight No. 93 to crash prematurely, potentially like to read their names again: Flight Let us hope and pray and work to- saving hundreds or thousands of lives. The Attendant Lorraine Bay; Todd Beamer, wards the day when American aviation White House or the Capitol clearly could have who was in the district just north of will be perfectly secure and no one will been the intended target of the terrorists. me, in the gentleman from New Jer- have any hesitation about flying. I would like this Chamber to know about sey’s (Mr. HOLT) district; Patrick Dris- Once again, my sincere condolences one of the men who saved lives, possibly lives coll; Edward Felt; Jeremy Glick; Rich- to the family of United Flight 93, the in this House, on September 11. Jeremy Glick ard Guadagno. Donald and Jean Peter- passengers, the crew; and, once again, I was a devoted family man. His wife Lyzbeth son were also on board that flight. salute those courageous American he- had recently given birth to their daughter And one final point. Earlier the gen- roes who tried to retake that flight and Emerson. Anyone who has seen the picture of tleman from California (Mr. ROHR- perished in their attempt. I thank Jeremy holding his baby daughter can clearly ABACHER) mentioned the fact that the them. see the deep love that was in his heart. crews, especially the pilots, were ad- Mr. MICA. Mr. Speaker, I yield my- Jeremy was a man who loved life. Lyz, his monished, more than admonished, they self the balance of my time. brother Jared, or any of his friends could tell were told by the FAA that they were to Mr. Speaker, it is indeed fitting that you endless stories that end in laughter. Iron- cooperate if there was a hijacking and we honor and recognize the heroic ef- ically, Jeremy and his buddies dressed up like go to wherever it is the hijackers want- forts of the passengers and crew of their favorite super heroes a couple of weeks ed them to go. My own brother is an Flight 93. This memorial resolution ago. Jeremy dressed up as the Green Lan- airline pilot. He is a 757 captain with a and the proposed plaque are indeed fit- tern. Little would we know that on September major airline, and he, too, has told me ting, again, for those heroic actions. 11, 2001, Jeremy became a super hero. how obnoxious it is that that was the I must say, Mr. Speaker, that since Soon after the terrorists took over the plane, policy, take them to Cuba, take them September 11 many of us have been Jeremy called his wife on his cell phone. Jer- to Tripoli, take them to where it is concerned about the welfare of some of emy told his family about the terrorists and the they want to go because they have got those families left behind from Flight location of the plane. Jeremy’s family relayed to put the safety of the passengers 93. My wife Pat and other congres- the information to the police over another first. It is obnoxious now more than sional spouses and some in Congress phone line. After Jeremy learned that other ever because we know that there are have also been involved in trying to terrorists crashed planes into the World Trade different designs on those planes being meet some of the financial needs of the Center he left his phone for a while and re- carried out. families. Some of them were children turned to say that the men voted to attack the I just want to make it very clear, it left behind. The resolution and plaque terrorists. He left the phone and said he would is my sense and a sense that this will are a great tribute from Congress, but be back—he never came back on the line. not happen, that whether it be the crew these families, particularly in the time It is not hard to imagine Jeremy deciding to or whether it be the passengers—or of holidays and their own personal join with other passengers to fight the terror- not—that we will never see another needs, are in dire straits. ists. He was well over six feet and was a col- airliner turned into a cruise missile Again, they have not gotten the at- lege judo champion. It was reported that Jer- again because there will be action tention of the victims of the World emy faced the terrorists armed only with a taken; and, again, Flight 93 has set a Trade Center or the Pentagon, but, plastic knife from an airline meal. I believe that precedent that will live on forever, nonetheless, they were great heroes, Jeremy did not even need the plastic knife be- that people will not stand idly by when and they are now in need. cause he had courage and bravery on his side they know that they are going to be I urge my colleagues and others to when he fought with the cowards who com- part of a terrorist action unwittingly, contact a Web site, mandeered the plane. as were the other flights. www.capitolheroes.org. That is Jeremy’s last words to his wife were, ‘‘Lyz, Again, I want to commend the maker www.capitolheroes.org, to aid those I need you to be happy.’’ It should be the of the resolution, the gentleman from families. So today we fittingly recog- hope and prayer of all Americans that Lyz will Kentucky (Mr. FLETCHER), my good nize those families with this resolution be happy. Lyz said after the crash, ‘‘I think friend, for offering it. and those heroes with this plaque, but God had a larger purpose for him, He was Mr. LIPINSKI. Mr. Speaker, I yield we also try to remember those left be- supposed to fly out the night before, but myself the balance of my time. hind as survivors, and not only this couldn’t. I had Emmy one month early, so Jer- In conclusion, I once again would resolution but our thoughts and pray- emy got to see her. You can’t tell me God isn’t like to salute the crew and the pas- ers go out to the survivors and family at work there.’’ I believe God is at work with sengers of United Airlines Flight 93 and left behind. the Glicks. express my personal condolences to all Mrs. ROUKEMA. Mr. Speaker, I rise today One thing that Lyz can definitely be, as we their family members. with a heavy heart in support of this resolution all are, is proud. The incredible courage and I would also, though, like to refer to that honors the great bravery, courage, and bravery that Jeremy showed in the face of cer- some references that an earlier speaker patriotism of the crew and passengers abroad tain danger is an inspiration to us all. When made here. Since this tragedy on Sep- United Airlines Flight No. 93, including Jeremy Jeremy died, he did it on his own terms—fight- tember 11, the United States Govern- Glick of West Milford, NJ. Though we may ing against evil, with a brave heart, and ment has voted $5 billion to airlines in never know what took place in the final min- boundless courage to sacrifice himself so oth- this country. We have voted $10 billion utes on that flight, we can be certain that be- ers could live. For this reason, I have intro- in loan guarantees to airlines in this cause of Jeremy’s actions, along with other duced a resolution urging the Congress to country, and we have passed an ex- passengers and crew members, lives were grant Jeremy the Congressional Gold Medal. tremely strong aviation security bill in saved. Not only do the passengers and crew On behalf of our country, let us recognize this this country. I believe all of those ef- of Flight No. 93 deserve the highest of honors, man who served us in one of our most horrific forts are to improve not only the safe- but they deserve our immense gratitude. hours. Jeremy Glick truly deserves the highest ty and security of American aviation One of my constituents, Jeremy Glick, was of our Nation’s honors. but to get people back into the air, get among the 37 passengers and 7 crew mem- Now our Nation faces a long and hard people back flying. bers on board United Airlines Flight No. 93 struggle to rid the world of the evil that took

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K05DE7.055 pfrm01 PsN: H05PT1 H8864 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Jeremy’s and so many others lives on Sep- Mr. Speaker, I rise in strong support eration of H.R. 324, and the fateful tele- tember 11. Many thousands of our men and of H.R. 3248 introduced by our distin- phone call from Todd Beamer to a tele- women in uniform are meeting that challenge. guished colleague, the gentleman from phone operator. Todd Beamer, along Jeremy—though not expecting to—became New Jersey (Mr. HOLT). This measure with other passengers on the plane, or- one of the first ‘‘soldiers’’ in this crusade. I will designates the facility of the United ganized resistance to the hijacking forever remember and honor Jeremy as a true States Postal Service located at 65 after learning the fate of three planes, American superhero. North Main Street in Cranbury, New two of which flew into the World Trade Mr. Speaker, I urge passage of this meas- Jersey, as the ‘‘Todd Beamer Post Of- Center and one which hit the Pen- ure. fice Building’’. Members of the entire tagon. God bless Jeremy Glick and God bless House delegation from the State of Mr. Speaker, on September 11, Flight America. New Jersey are cosponsors of this legis- 93 took off from Newark, New Jersey, The SPEAKER pro tempore. The lation. bound for San Francisco, with Captain question is on the motion offered by Mr. Speaker, many heroes emerged Jason Dahl in the pilot’s seat. Along the gentleman from Florida (Mr. MICA) on September 11, from firefighters and the way, it suddenly and unexpectedly that the House suspend the rules and policemen to military personnel at the detoured, heading for Washington, D.C. agree to the concurrent resolution, H. Pentagon to citizens such as Todd Before I conclude my comments, I Con. Res. 232. Beamer. Todd Beamer, a resident of would like to express my sincere con- The question was taken. Cranbury, was one of the passengers on dolences to the widow of Todd Beamer. The SPEAKER pro tempore. In the the hijacked United Flight 93 who gave She has handled the loss of her hus- opinion of the Chair, two-thirds of their lives fighting the hijackers and band extremely well. But in addition, those present have voted in the affirm- denying them their deadly mission on Lisa Beamer has become a real activ- ative. September 11. ist, organizing assistance for victims Mr. MICA. Mr. Speaker, on that I de- Mr. Beamer was a husband, father, a and the families of those who were vic- mand the yeas and nays. businessman and a citizen. He is sur- timized. She is in Washington this day, The yeas and nays were ordered. vived by his wife, Lisa, and their two trying to generate support for the fam- The SPEAKER pro tempore. Pursu- children and a third child who is ex- ilies of those who lost loved ones. Her ant to clause 8 of rule XX and the pected in about 2 weeks. His coura- children and family can take great Chair’s prior announcement, further geous acts and the acts of all of the comfort in knowing that their father proceedings on this motion will be passengers on Flight 93 are an inspira- and son was a hero and a master of his postponed. tion to all Americans. Their acts saved fate. His actions have left behind a f countless lives. great legacy, a legacy of patriotism, a Mr. Speaker, I urge adoption of H.R. TODD BEAMER POST OFFICE legacy of love, a legacy of courage, and 3248. a legacy of leadership. Mr. Speaker, I BUILDING Mr. Speaker, I reserve the balance of often define leadership as the ability to Mrs. JO ANN DAVIS of Virginia. Mr. my time. Speaker, I move to suspend the rules Mr. DAVIS of Illinois. Mr. Speaker, I do what needs to be done, but to do it and pass the bill (H.R. 3248) to des- yield myself such time as I may con- first. In closing, I am proud to support ignate the facility of the United States sume. Postal Service located at 65 North Mr. Speaker, as a member of the H.R. 3248. I thank the chairman of the Main Street in Cranbury, New Jersey, Committee on Government Reform, I Committee on Government Reform, the as the ‘‘Todd Beamer Post Office Build- am pleased to join my colleague, the gentleman from Indiana (Mr. BURTON), and the ranking minority member, the ing’’. gentlewoman from Virginia (Mrs. JO The Clerk read as follows: ANN DAVIS), in consideration of H.R. gentleman from California (Mr. WAX- H.R. 3248 3248, legislation naming a post office in MAN), for moving quickly to schedule this bill. I also again express my appre- Be it enacted by the Senate and House of Rep- Cranbury, New Jersey, after Todd resentatives of the United States of America in Beamer. ciation to my colleague, the gentleman Congress assembled, H.R. 3248 was introduced by the gen- from New Jersey (Mr. HOLT), for intro- SECTION 1. TODD BEAMER POST OFFICE BUILD- tleman from New Jersey (Mr. HOLT) on ducing this legislation. ING. November 7, 2001. I would like to begin In what has been quoted as the final (a) DESIGNATION.—The facility of the my remarks by thanking the gen- immortal words of Todd Beamer, I United States Postal Service located at 65 close, Mr. Speaker, by asking America, North Main Street in Cranbury, New Jersey, tleman from New Jersey (Mr. HOLT) for continuing the tradition of naming ‘‘Are you ready? Let’s roll.’’ I urge the shall be known and designated as the ‘‘Todd swift passage of H.R. 3248. Beamer Post Office Building’’. post offices after individuals of accom- (b) REFERENCES.—Any reference in a law, plishment and people who have given Mr. Speaker, I reserve the balance of map, regulation, document, paper, or other up much to the betterment of their my time. record of the United States to the facility re- community and of their Nation. Mrs. JO ANN DAVIS of Virginia. Mr. ferred to in subsection (a) shall be deemed to Naming a postal facility after Todd Speaker, I reserve the balance of my be a reference to the Todd Beamer Post Of- Beamer sets a very high standard in- time. fice Building. deed; for Todd Beamer not only accom- Mr. DAVIS of Illinois. Mr. Speaker, I The SPEAKER pro tempore. Pursu- plished much, he gave his life in de- yield such time as he may consume to ant to the rule, the gentlewoman from fense of our country. the gentleman from New Jersey (Mr. Virginia (Mrs. JO ANN DAVIS) and the The consideration of H.R. 3248 on the HOLT), who is the sponsor of this legis- gentleman from Illinois (Mr. DAVIS) heels of H. Con. Res. 232 is important, lation. each will control 20 minutes. important because we in the Congress Mr. HOLT. Mr. Speaker, I thank my The Chair recognizes the gentle- express our appreciation to the pas- colleague and friend from Illinois for woman from Virginia (Mrs. JO ANN sengers and crew of the hijacked yielding me this time, and I rise to DAVIS). United Airlines Flight 93 for diverting speak in favor of H.R. 3248, legislation GENERAL LEAVE the use of that aircraft from its in- to designate the United States Post Of- Mrs. JO ANN DAVIS of Virginia. Mr. tended target, Washington, D.C., pos- fice in Cranbury, in my home district, Speaker, I ask unanimous consent that sibly headed for the White House or the as the Todd Beamer Post Office. I too want to express my apprecia- all Members may have 5 legislative Nation’s Capitol. As the resolution days within which to revise and extend states, we in the Congress extend our tion to the chairman of the committee, their remarks on H.R. 3248. condolences to the victims, families the gentleman from Indiana (Mr. BUR- The SPEAKER pro tempore. Is there and friends. We also place a memorial TON), and the ranking member, the gen- objection to the request of the gentle- plaque honoring the victims of Flight tleman from California (Mr. WAXMAN), woman from Virginia? 93 on the Capitol grounds. as well as the majority leader, the gen- There was no objection. tleman from Texas (Mr. ARMEY), for al- Mrs. JO ANN DAVIS of Virginia. Mr. b 1245 lowing this bill to come to the floor; Speaker, I yield myself such time as I Acknowledging the heroic struggle and I thank my colleagues for their el- may consume. aboard Flight 93 leads us to the consid- oquent remarks.

VerDate 05-DEC-2001 01:32 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.027 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8865 This is, I think, very appropriate. mud it says, ‘‘Whoever saves a single designate the United States Postal America has found a hero in Todd life is honored as though he saved an Service facility in Cranbury as the Beamer, one of the passengers on hi- entire world.’’ And in the Koran, ‘‘If Todd Beamer Post Office Building, and jacked Flight 93. We all mourn the loss anyone saved a life, it would be as want to thank the gentleman from New of Todd Beamer and the others on that though he saved the life of the whole Jersey (Mr. HOLT) for sponsoring the flight; and our hearts and prayers go people.’’ legislation that is before us today. out to Lisa Beamer, who is here with The memory of the people on board Mr. Speaker, when Congress names us in the gallery now, and to their two Flight 93 reminds us that this is not particular facilities in honor of some- fine children, whom I have observed, the last time that America will need one, we do it because they have made and to all the other families of people heroes. Andrew and David can grow up an outstanding contribution to society. on that plane. We hold up the memory knowing that their father acted hero- I can think of no one who deserves that of Mr. Beamer as one who represents ically. They can also see it in the way honor more than Todd Beamer. The ac- what is good about America. All of their mother has borne this hard time. counts of his heroism aboard Flight 93 America knows of his reciting the 23rd The survival of American ideals, fill us with awe and gratitude and in- Psalm, the Lord’s Prayer, and his though, beyond the immediate Beamer spire us. And by all accounts, it was words, ‘‘Let’s roll.’’ family, depends day in and day out on Todd’s faith in the Lord that inspired At a time like this, we seek to draw ordinary Americans stepping out of him to act with such decisiveness and lessons for us Americans who are left their ordinary lives to do extraor- tenacity and with such courage. behind after September 11. For a couple dinary things, courageous things. It is Todd’s deeds and the actions of his of centuries observers from around the appropriate, I think, that people will fellow passengers aboard Flight 93 have world, from Alexis de Toqueville to be able to find inspiration as they look become powerfully etched into the psy- Winston Churchill, have spoken about at the Federal post office in Cranbury che of America itself. Flight 93 has be- the marvelous ability of Americans to and pause for a moment to reflect on come a symbol of the American spirit, rise to meet a challenging situation, the essence of America, what we can the spirit of courage and selfless sac- the ability of individual Americans to extract from our diversity, and also to rifice, of standing up to cowards who step from their ordinary lives to do ex- reflect on the meaning of religious would kill in the middle of the night or traordinary things. You will notice I do faith in our lives. by using aircraft as cruise missiles. When faced with the ultimate test of not say ordinary Americans, because, It is only fitting that a memorial for Todd be character, Todd Beamer did not flinch in fact, that is the essence of what established in Cranbury, where he and his for one moment. He took bold action to makes this country. There are no ordi- family live. stop an act of terrorism in progress. On nary Americans. There are Americans First settled in 1697, the town of Cranbury his last phone call from the aircraft, who will, at one time or another, rise is one of the oldest towns in New Jersey. It Todd told Lisa Jefferson, the GTE air to do extraordinary things. derived its name from the brook on whose phone supervisor working out of the Il- I attended a memorial service for banks it had its beginning. Over 80 soldiers linois facility, that he and his other Todd at the church in Plainsboro, New from the Revolutionary War are buried in the passengers aboard Flight 93 were plan- Jersey, where the Beamer family wor- town. While it today is in close proximity to ning to overpower the hijackers and to ships. And from the remembrances de- some of our Nation’s largest metropolitan stop their suicide attack. Miss Jeffer- livered lovingly by friends and family, areas, Cranbury retains its unique village char- son cautioned him to consider carefully I learned a lot about the character of acter. this national hero. He was an out- The opportunity comes to every what he was saying: ‘‘Are you sure that that is what you want to do, Todd?’’ standing athlete who led and inspired American to do courageous things. I Todd’s response: ‘‘It’s what we have to his athletes and who said he always want to repeat that. To every Amer- do.’’ seemed to somehow find a way to come ican. Now, most of us will never have Mr. Speaker, how often do we hear up with a critical run. He was a fine the chance, thank God, to have to face those words—this is something I have businessman who stood out in a na- down an armed hijacker. But many will to do—the notion that someone is act- tional company. He was an involved have the opportunity in their neighboring out of a moral imperative is aston- and loving father of David, 3 years old, hoods or among their friends to face ishing in this day and age. Well, Todd and 1-year-old Andrew, and was look- down bigotry, intolerance, or injustice. did it and did it with great distinction ing forward to the upcoming birth of The memory of people like Todd and courage. his third child. But especially, espe- Beamer helps us meet those challenges. Many in America before September cially I learned that he was a man of This legislation is one small honor 11 had become jaded about the notion deep religious faith, a faith that al- for Todd Beamer and for all the heroes of selfless sacrifice, Mr. Speaker, of lowed him to look past death to act so on Flight 93 and elsewhere around the doing what is right even when you courageously on board Flight 93. country on September 11. It is not the know it may cost you your very life. We believe that the band of pas- last time America will need heroes. We know from the Scriptures that our sengers who fought the hijackers, I urge my colleagues to join me in Lord Jesus Christ said, ‘‘There is no Todd’s father calls them freedom fight- passing this bill, and I also urge that greater love than he who lays down his ers, saved hundreds, perhaps thousands we honor the survivors and families life for his brother or for his sister,’’ of lives that would have been taken if left after the atrocities through appro- and that is exactly what Todd Beamer that plane had made its fiery descent priate compensation and tax relief. has done. Surely he has, is and will be into the hijackers’ intended target. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE greatly blessed in Heaven for his sac- And it is worth noting that none of The SPEAKER pro tempore. Al- rifice. those people whose lives were saved though the Chair understands the gen- Mr. Speaker, the cowardly terrorists know who they are. We will never tleman’s sentiment, the Chair must re- counted on both the element of sur- know. But all Americans can be grate- mind all Members not to introduce or prise and on the element of intimida- ful. bring to the attention of the House any tion to achieve their awful end, but Ours is a diverse country, with a rich occupant in the gallery. they did not count on meeting face to religious tradition, a very diverse reli- Mrs. JO ANN DAVIS of Virginia. Mr. face with the likes of Todd Beamer. gious tradition. And September 11 was Speaker, I am pleased to yield 31⁄2 min- Todd Beamer was an extraordinary a particularly tough day for Muslims. utes to my distinguished colleague, the man on what should have been an ordi- They find that day hard because there gentleman from New Jersey (Mr. nary flight. And when faced with a hor- were some people who wanted to say SMITH). rific set of circumstances, Todd that those were Muslims who hijacked Mr. SMITH of New Jersey. Mr. stepped up to the plate and he did what the plane. But good Muslims assure me Speaker, I thank the gentlewoman had to be done. And he never, not for a that no follower of Mohammed would from Virginia for yielding me this moment, by all accounts, even hesi- have done that. Because it is written time. tated. not only in the Judeo-Christian tradi- Let me just say, Mr. Speaker, I rise Instead, Todd drew his courage and tion but also in the Koran. In the Tal- in very strong support of H.R. 3248, to strength from his faith. He told Lisa

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.045 pfrm01 PsN: H05PT1 H8866 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Jefferson, ‘‘I don’t think we’re going to Mr. Speaker, we also are able to put The question was taken; and (two- get out of this thing. I’m going to have faces together with names now of peo- thirds having voted in favor thereof) to go out on faith.’’ Mr. Speaker, his ple who were on the plane. I take this the rules were suspended and the bill last words, as we all know, and as opportunity also to think about and to was passed. President Bush has quoted, was ‘‘Let’s speak for just a moment about Captain A motion to reconsider was laid on roll.’’ And those words, I think, have Jason Dahl. Mr. Dahl chose to be on the table. mobilized and motivated and inspired the plane that day. He scheduled him- f all Americans in our current fight in self for Flight 93. From everything we EXPRESSING SOLIDARITY WITH Afghanistan. ‘‘Let’s roll.’’ Let’s stop have learned about Mr. Dahl, it is cer- ISRAEL IN THE FIGHT AGAINST these terrorists. tainly understandable and it is quite TERRORISM Let me finally remind Members of probable that it was his decision even Todd’s embrace of Psalm 23, which to take the plane into the ground rath- Mr. HYDE. Mr. Speaker, I move to suspend the rules and agree to the con- surely was in Todd’s heart in those er than into any other edifice. final moments, where it is said by King Mrs. JO ANN DAVIS of Virginia. Mr. current resolution (H. Con. Res. 280) ex- David, ‘‘The Lord is my shepherd; I Speaker, I yield myself such time as I pressing solidarity with Israel in the fight against terrorism. shall not want. He maketh me to lie may consume. The Clerk read as follows: down in green pastures; he leadeth me Mr. Speaker, I commend the gen- H. CON. RES. 280 beside the still waters. He restoreth my tleman from New Jersey (Mr. HOLT) for soul; he leadeth me in the paths of introducing this legislation and for Whereas 26 innocent people in Israel were righteousness for His name’s sake. Yea, murdered in cold blood and at least 175 working so hard to ensure its passage. wounded by Palestinian terrorists, all within though I walk through the valley of I encourage all Members to support 14 hours, during the weekend of December 1– the shadow of death, I fear no evil; for this resolution. Mr. Speaker, to quote 2, 2001; thou art with me; thy rod and staff Todd Beamer, ‘‘Let’s roll.’’ Whereas this is the equivalent, on a pro- they comfort me.’’ Mr. TANCREDO. Mr. Speaker, I rise in sup- portional basis, of 1,200 American deaths and A post office memorializing Todd port of H.R. 3248 and wish to fully express my 8,000 wounded; Beamer is the least we in Congress can gratitude to the crew of United Flight 93, and Whereas United States Middle East envoy Anthony Zinni has labeled the terrorism of do to honor his supreme sacrifice. He especially its captain, Jason M. Dahl. It was was a great man; and we honor his December 1–2, 2001, ‘‘the deepest evil one can with immense sadness that I learned that the imagine’’; widow Lisa—a strong woman in her Dahl family and indeed all of Colorado had Whereas this bloody weekend is part of an own right and his family. been robbed on September 11th of a good ongoing terror campaign often targeted at Mr. DAVIS of Illinois. Mr. Speaker, I man and a good father. Mr. Dahl’s family, to youth and families and perpetrated by the Is- yield myself the balance of my time. paraphrase President Lincoln, must feel enor- lamic fundamentalist groups Hamas and Pal- Somehow or another, heroes arise in mous pride for having laid such a costly sac- estinian Islamic Jihad and other Palestinian times of great need. Heroes arise in terrorist groups; times of great need. At a time of crisis rifice upon the altar of freedom. Whereas President Bush declared at a joint According to a friend, Dahl learned to fly be- and great need, Todd Beamer and his session of Congress on September 20, 2001, fore he learned to drive. A neighbor remem- fellow passengers rose up. And because that ‘‘Every nation, in every region, now has bered Dahl’s football and baseball games in a decision to make. Either you are with us, they rose up, we have the ability to the street with neighborhood children and his or you are with the terrorists. From this day continue to stand up on this floor and commitment to his family and his community. forward, any nation that continues to harbor protect the rights of Americans and of Having read the statements of those who eu- or support terrorism will be regarded by the people all over the world. United States as a hostile regime’’; and So we take this moment not only to logized him, I cannot help but conclude that Whereas President Bush declared on De- designate a post office in honor of Todd the gentleman flying that plane was one of cember 2, 2001, that ‘‘Chairman Arafat must Beamer, but we say, ‘‘Thank you, Todd. America’s best—a great father and husband do everything in his power to find those who Thank you, passengers and crew of alkike. Since September 11th, America has re- murdered innocent Israelis and bring them discovered the importance of family, and to justice’’: Now, therefore, be it Flight 93.’’ Resolved by the House of Representatives (the Mr. Speaker, I yield back the balance turned to family members for comfort and understanding. It is no small tragedy that the Senate concurring), That Congress— of my time. (1) condemns the vicious terrorist attacks Dahl family does not have this luxury, having b 1300 resulting in the death of 26 and the wounding been left incomplete on September 11th. of at least 175 innocent people in Israel with- Mrs. JO ANN DAVIS of Virginia. Mr. Most of us saw evil on that day watching in 14 hours during December 1–2, 2001, and ex- Speaker, I yield 2 minutes to the gen- the pictures of the two planes collide with the tends its deepest sympathies to the Israeli tleman from Colorado (Mr. TANCREDO). World Trade Towers in New York City. Jason nation and to the families of the victims; Mr. TANCREDO. Mr. Speaker, every Dahl almost surely saw evil in a different form. (2) expresses outrage at the ongoing Pales- time we hear of the deeds of the folks He must have seen it in the faces of the hi- tinian terrorist campaign and insists that like Todd Beamer on Flight 93, we are jackers and known that it was in their hearts. the Palestinian Authority take all steps nec- left with the kind of introspection that The loss of Mr. Dahl and all of the pas- essary to end it; can be very challenging. We have to (3) demands, specifically, that the Pales- sengers aboard Flight 93 will not be forgot- tinian Authority take action immediately say to ourselves, what would I have ten—certainly not by this body. This morning, to— done? How would I have reacted under we passed a resolution calling for a plaque to (A) destroy the infrastructure of Pales- similar circumstances? We all want to be placed on the grounds of the Capitol me- tinian terrorist groups; think that we would have done what morializing their deaths. I would suggest that (B) pursue and arrest terrorists whose in- Mr. Beamer and others did. We can their memory will go much farther. The fact carceration has been called for by Israel; and only hope that is the case, but we can that this great building and its dome—two irre- (C) either— also only hope that we will not have to placeable symbols of American democracy— (i) prosecute such terrorists, provide convicted terrorists with the stiffest possible face that challenge. still stand today will always be a living memo- But if we do, if something like that punishment, and ensure that those convicted rial to their sacrifice. remain in custody for the full duration of ever comes up again, the fact is that My prayers, Mr. Speaker, are with all of the their sentences; or any American who has read the story, innocent civilians who died aboard that plane, (ii) render all arrested terrorists to the becomes acquainted with the actions of and especially Jason Dahl and his family. Government of Israel for prosecution; the people on Flight 93, we can sin- Mrs. JO ANN DAVIS of Virginia. Mr. (4) urges the President to take any and all cerely believe that the possibility for Speaker, I yield back the balance of necessary steps to ensure that the Pales- us to do the right thing under those my time. tinian Authority takes the actions described circumstances, to do what they did, is The SPEAKER pro tempore (Mr. in paragraph (3), including, if necessary, suspending all relations with Yasir Arafat and greater because we know what they SHIMKUS). The question is on the mo- the Palestinian Authority; did, and because of what it does for us tion offered by the gentlewoman from (5) further urges the President to insist internally, because of the way it Virginia (Mrs. JO ANN DAVIS) that the that all countries harboring, materially sup- changes us, because of the courage, House suspend the rules and pass the porting, or acquiescing in the private sup- perhaps, that they have given us. bill, H.R. 3248. port of Palestinian terrorist groups end all

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.051 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8867 such support, dismantle the infrastructure of The SPEAKER pro tempore. Is there The United States and its friends can such groups, and bring all terrorists within objection to the request of the gen- and should do all it can to help him, their borders to justice; tleman from Illinois? but the choice ultimately is one that (6) commends the President for his strong There was no objection. he and his colleagues must make and leadership against international terrorism, Mr. HYDE. Mr. Speaker, I yield my- his forthright response to this most recent take responsibility for. outrage, and his swift action to freeze addi- self such time as I may consume. Mr. Speaker, I reserve the balance of tional sources of terrorist funds; and Mr. Speaker, yesterday the House my time. (7) expresses the solidarity of the United leadership would have met with Israeli Mr. DINGELL. Mr. Speaker, I yield States with Israel in our common struggle Prime Minister Sharon in the United myself 7 minutes. against the scourge of terrorism. States Capitol to discuss the status of Mr. Speaker, I rise in regretful oppo- The SPEAKER pro tempore. Pursu- the peace process. Instead, he had to sition to the resolution. It is clear we ant to the rule, the gentleman from Il- return home to Israel, and we are here have an opportunity to pass a resolu- linois (Mr. HYDE) and the gentleman on the floor of the House joining with tion which will contribute in a signifi- from California (Mr. LANTOS) each will the people of Israel in their grief over cant way to the peace process. It is control 20 minutes. the losses from the horrific terrorist very clear that we have a duty to op- Mr. DINGELL. Mr. Speaker, I rise in attack of the past weekend. pose terrorism, which I have always opposition to H. Con. Res. 280. As Israel buries its dead, comforts its done and which I continue to do. It is The SPEAKER pro tempore. Is the bereaved and begins to heal its wound- also equally clear that the United gentleman from California (Mr. LAN- ed, we send through this resolution a States has a long-standing commit- TOS) in opposition to the motion to sus- signal of sincere condolence and soli- ment to the freedom and independence pend the rules? darity with the people and the govern- to the State of Israel, and I strongly Mr. LANTOS. Mr. Speaker, I strongly ment of the State of Israel. support that undertaking. support the resolution. The American people also join in But I would note that here the reso- The SPEAKER pro tempore. As a President Bush’s forthright expression lution contributes very little to the ac- Member opposed to the motion, the of support for Israel’s right of self-de- complishment of those purposes. What gentleman from Michigan (Mr. DIN- fense. Mr. Speaker, yesterday the this resolution does is to essentially GELL) may control the 20 minutes re- President took additional actions to set up a situation where the United served for opposition. cut off funding for terrorists, funds States appears and in fact does and will Mr. HYDE. Mr. Speaker, I ask unani- which originated here in the United be viewed by people in the area as hav- mous consent to divide my time with States. Hamas is now understood to be ing taken sides. The interests of the the gentleman from California (Mr. a terrorist organization of global United States here are to bring to a LANTOS). reach, even if that reach is mainly halt terrorism and to create a lasting The SPEAKER pro tempore. Is there from Iran, Syria, or Lebanon into viable negotiated peace. That is best objection to the request of the gen- Israel. done by attacking the root causes of tleman from Illinois? This resolution calls on Palestinian terrorism, not the least of which are There was no objection. Authority Chairman Arafat to do what the thousands or hundreds of thousands Mr. LANTOS. Mr. Speaker, I ask the President’s spokesman said he of Palestinians and others feel them- unanimous consent that each side be could have done in the past, to really selves to be unfairly, badly, and im- given an additional 10 minutes in view crack down on those who would delib- properly treated. Their homes are de- of the fact that we have a number of erately murder women, children and stroyed. Their orchards are destroyed. speakers. men as they go about their business on Their lands are settled in defiance of Mr. DINGELL. Mr. Speaker, par- the streets. their wishes their people are driven to liamentary inquiry. Each side, I would We ask the President to act sharply poverty and killed. International like to know what that means? against the Palestinian Authority if it agreements which they have made in The SPEAKER pro tempore. Does the does not heed our request. This is not their names are not being honored. gentleman from Michigan object? an action we should rush to take, be- The duty of the United States here is Mr. DINGELL. Mr. Speaker, I do not. cause the Palestinian people have cho- a very simple one, and that is to work I simply reserve the right. That means sen Chairman Arafat as their leader, for peace in the Middle East. Our single 10 minutes more for those supporting and it is important that we maintain a most important concern in that area is the motion and 10 minutes more for the relationship with him if at all possible. peace: peace for Israel, security for opposition? But as we do not provide aid to the Israel, peace and security for the Pal- The SPEAKER pro tempore. The Palestinian Authority itself, we cannot estinians, an end to the fighting, a ter- Chair would state that it would make cut off assistance as a way of showing mination of terrorism. How is that the motion debatable for an hour even- displeasure. A customary way of show- done? Is it done by shooting up Arafat’s ly divided. ing extreme displeasure with a foreign helicopters? Is it done by terror bomb- Mr. DINGELL. Mr. Speaker, I do not authority is to cut off our diplomatic ings of people who are committing sui- object to that. relationship and compel some or all of cide to kill Israelis? No. Only one way The SPEAKER pro tempore. Is there their envoys to return home. leads to this course, the strongest pos- objection to the request of the gen- It seems clear that the actions or in- sible leadership by the United States tleman from California? action of the Palestinian Authority to functioning as an impartial honest There was no objection. date merit the President’s taking all broker between people who find little The SPEAKER pro tempore. The gen- appropriate actions, which could in- reason not to hate each other. tleman from Illinois (Mr. HYDE) will clude the cutting off of our quasi-diplo- Mr. Speaker, this will be done by a control 15 minutes, the gentleman from matic relationship should we not see long process of negotiation in which California (Mr. LANTOS) will control 15 some serious action on their part. the parties must come together to ne- minutes, and the gentleman from Mr. Speaker, I believe that Chairman gotiate their differences under the Michigan (Mr. DINGELL) will control 30 Arafat has a historic role to play. He strong leadership and guidance of the minutes. needs to lead his people by stopping the United States. This resolution accom- The Chair recognizes the gentleman violence and beginning the negotiating plishes nothing in that end. It does from Illinois (Mr. HYDE). process. He needs to do this not be- nothing to move forward the peace GENERAL LEAVE cause we asked him to, not because of process which came so close under the Mr. HYDE. Mr. Speaker, I ask unani- Israel’s interest, but the interests of leadership of President Clinton during mous consent that all Members may his own people. He needs to clearly the last days of his administration. It have 5 legislative days within which to convey to his people that the way of vi- does nothing to strengthen our friends revise and extend their remarks and in- olence is not the way forward. in the area, the Governments of Egypt clude extraneous material on H. Con. I sincerely hope he chooses the path and Jordan. And it does nothing to Res. 280, the resolution under consider- of peace, takes risks for peace, and make it possible for Mr. Arafat to pro- ation. finds a way out of his present dilemma. vide the necessary leadership towards

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.018 pfrm01 PsN: H05PT1 H8868 CONGRESSIONAL RECORD — HOUSE December 5, 2001 meaningful discussions. Rather it, and which are causing deaths in the United 26 people, randomly, in a shopping other actions leave Arafat weaker and States as well as Israel, Palestine, and mall, and the wounding of at least 175 less capable of effective participation other places. We have committed our- of them, in the wake of what happened in the peace process. selves to a massive effort in Afghani- to our country on the 11th of Sep- The question Members have to ask is: stan, which has caused us to spend bil- tember in the worst act of terrorism in How is it that Arafat is to be better lions of dollars and to put at risk our recorded history in the memory of disposed to move forward towards military personnel. man. peace when his people are angry and I support that effort, and each year I So Israel and the United States are when his helicopters are bombed and support massive funding to help both victims of a terrible act of ter- when his headquarters is threatened? Israelis to maintain their statehood rorism; and in that co-victimhood we The answer is, not at all. But, it goes and to deal with their security prob- attempt to show solidarity. That is not beyond this. How is the peace process, lems. a mindless thing; it is not an empty or how are our concerns about peace in This resolution is counterproductive. gesture. It focuses on this new form of the area moved forward by weakening It does not move us forward towards war, which is beyond contempt. I think Arafat and by making him appear to be world peace. It does not move us for- that is very useful and necessary. incapable of leading the Palestinian ward towards a resolution of the con- Mr. Speaker, I reserve the balance of people? Or making the Palestinian peo- troversy of the differences which are my time. ple less willing to follow his leadership major causes of terrorism, heartache, Mr. LANTOS. Mr. Speaker, I yield in the peace process? death and suffering, for Israelis and for myself such time as I may consume. Mr. Speaker, I hold no brief here for Arabs alike, and on September 11, Mr. Speaker, I first want to pay trib- any side, none for Mr. Arafat, none for Americans. ute to the leadership of the chairman the Israelis or anybody else. I think This leaves us with a large new group of the Committee on International Re- the United States has to look to one of people who are going to say the lations, our distinguished colleague, thing. Let us look to our principal in- United States sides with Israel, and the gentleman from Illinois (Mr. terest. Our principal interest is peace that this country is not concerned HYDE), in bringing this resolution be- in the area. How is that to be achieved? about peace in the Middle East, and fore us. Only in one way and no other. There is not concerned about addressing the I should also mention, Mr. Speaker, only one country in the world that has enormous problems which divide the that as we speak, a parallel resolution the prestige and the ability to do that people there. We thus ignore some of is being considered in the other body, and the military capability to bring the terms most important to our na- introduced by the chairman and the that about. When it gets down to the tional security. We are talking here ranking member of the Senate Foreign point, we, and we alone, acting as lead- about an area which has the potential Affairs Committee. er of other Nations also dedicated to for the next world war occurring. Ter- Mr. Speaker, I rise in strong support peace have the capacity to do what has rorism can bring it about at any time. of the Hyde-Lantos resolution express- to be done, to bring about real mean- It could happen; and if it does, the re- ing solidarity with the State of Israel ingful and final negotiations to settle sults to Israel will be calamitous. Five and the Israeli people in their fight the problems. million Israelis, or a few more, in a against terrorism. The issue here is how we bring the small country surrounded by millions Mr. Speaker, this past weekend, parties forward to begin a long and dif- of Arabs, is facing terrible risk and Israel experienced the most deadly ficult a process. We must use the most danger in the event that there is sig- eruption of Palestinian terrorist assas- intense pressure of the United States nificant trouble. sinations that country has seen in to abate and to terminate the terrible I am not sure that the United States years. Some 26 utterly innocent civil- events which we are seeing in Israel, in can address any of the problems that ians were killed, most of them young Palestine, in the occupied territories in we have with peace in the area easily, people, and 175 wounded, within a 14- the Middle East. Negotiations between or that we can address the problems of hour period as a result of ruthless sui- the parties are the only way. assuring our own security. But we cide bombs in both Jerusalem and I think Members can anticipate that must. We have already learned the bit- Haifa. Once again, Palestinian terror- the terrible events which occurred the ter anger that causes suicide bombers ists targeted people on a bus and people other day in Israel with scores of peo- will kill large numbers of Israelis and in a shopping mall. ple injured and killed are going to be Americans through terrorist tactics. I We as Americans, ourselves recently replicated again and again. Angry, would urge my colleagues to choose a victimized, fully share the Israelis’ frustrated, bitter people are going to better mechanism for assuring peace in sense of anger, outrage, and violation. use that method because that is the the area and the security of the United The horror of this past weekend was, as only method that is available to the States, a negotiated settlement by the President Bush’s Middle East envoy, weak. parties, driven by our leadership, and General Zinni, stated, ‘‘the deepest evil effort, with the support of the other one can imagine.’’ b 1315 peace loving Nations. Israel’s casualty figures from the 14 Again how are we going to bring the Mr. Speaker, I reserve the balance of hours of carnage are the equivalent on terrible events in the Middle East to a my time. a proportional basis of 1,200 American halt? By seeing to it that the problems Mr. HYDE. Mr. Speaker, I yield my- dead and 8,000 American wounded. The that exist between the Israelis and the self such time as I may consume. horrors of this past weekend only un- Palestinians and the others in the area Mr. Speaker, I would like to say to derscore a relentless campaign of mur- are abated by negotiations between my distinguished friend, the gentleman der carried out by Hamas, Islamic jihad them. Is this going to be easy? Of from Michigan (Mr. DINGELL), for and elements of Arafat’s own Fattah course not. But is there an alternative whom I have enormous admiration, movement. In fact, Mr. Speaker, since way? The answer is there is no other that he has a much more spacious view that fateful date, September 11, the way that that could be accomplished. of the purpose of this resolution. We do equivalent of 2,700 Israelis have fallen Certainly the resolution which is be- not pretend to have an answer to the victim to Palestinian terrorism. fore us offered, by good friends of mine, Middle East conflict; and I pray that if Each human life is a treasure far be- for whom I have great respect, with, I the gentleman does, he will come for- yond what any statistic can express. am sure, the best of intentions, does ward with it so that peace might be Both the Jewish and Islamic traditions not carry out the mechanisms for moved closer in that troubled part of poignantly declare that the saving of bringing peace and it does not offer us the world. one human life is the equivalent of sav- the prospects of seeing progress going What this resolution does is a very ing the world and the murder of one forward. Nor does it offer this Nation narrow, simple thing, and that is it human life is the equivalent of destroy- the opportunity to know that we have shows solidarity with the Israeli people ing the world. I cite the proportional done something which will abate the who were victimized on December 1 figures only as a means to illustrate, root causes of terrorism in that world with an atrocity, namely the killing of Mr. Speaker, the impact these killings

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.062 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8869 have on a small nation of just 6 million to punish and diminish the Palestinian GILMAN), my good friend, I yield him people. Authority’s ability to enforce the very an additional 1 minute. This Congress and the American peo- laws that they ask to be enforced by The SPEAKER pro tempore (Mr. ple are angry, frustrated, and fed up bombing their police headquarters in BASS). The gentleman from New York with Arafat’s cynical support of mur- retaliation for what was taken credit (Mr. GILMAN) is recognized for 3 min- derous criminals and his failure to act by Hamas to be their act. utes. to prevent the killing of both Israelis Hamas is, in fact, an organization (Mr. GILMAN asked and was given and Palestinians. But Arafat’s failure formed in opposition to the Palestinian permission to revise and extend his re- does not only lead to death; it leads to Authority’s very own party. I would marks.) the danger that a bloodbath will ensue ask that these inaccuracies be cor- Mr. GILMAN. Mr. Speaker, I rise to in the entire region. rected, because in fact Hamas would urge my colleagues to fully support H. We know, Mr. Speaker, that Arafat is like to see the PLO out of power. Con. Res. 280 so that the Congress can capable of stopping terror. We have Hamas is an extreme organization with demonstrate that it stands in strong seen him do so when under sufficient a very different bent than the Pales- support of Israel as it confronts ter- international pressure. Until he does tinian Authority’s general way of rorism threats similar to the ones we end the terror, and end it for good, we doing business. have been confronted by our own Na- must conclude that he supports it. More importantly, I would call on ev- tion. I thank our distinguished chair- It is no longer good enough, indeed, eryone to look at item four, where it man, the gentleman from Illinois (Mr. it never was, Mr. Speaker, for Arafat to urges the President to take any and all HYDE), and the gentleman from Cali- run a revolving prison door, arresting a necessary steps to ensure the Palestin- fornia (Mr. LANTOS), our ranking mi- few low-level terrorists for a few days ians take the actions described. That nority member, for bringing this meas- until the world diverts its glance and was added, and it was added for a good ure to the floor in a timely manner. moves on to other issues. and valid reason that I hope we will all We should be reminded that Israel The Hyde-Lantos resolution provides remember should this otherwise in has lived with these kinds of threats that the Palestinian Authority should some ways misguided resolution pass. and terrorism for most of its existence, arrest, prosecute, and punish the per- The President could restore the $900 not just since September 11, and which petrators of this monstrous act or turn million that the Israeli Government have escalated just in the past few over these terrorists to the Govern- has withheld from the Palestinian Au- days, killing so many innocent civil- ment of Israel for prosecution. Our res- thority. Those dollars were designed to ians. Palestinian leader Chairman olution urges the President of the allow them to enforce their laws, and Arafat needs to know that he will re- United States to take any and all steps yet that has been unlawfully and in ceive no more second opportunities and necessary to ensure that the Pales- violation of the agreement that they no more benefits of doubt. This resolu- tinian Authority complies with all of have made withheld. tion does just that by demanding that our demands. If it does not, we call on The President could see that the Pal- Chairman Arafat root out the infra- our President to terminate relations estinian Authority, who today only has structure of Palestinian terrorist orga- with Arafat and the Palestinian Au- two answers to a riot, yell at them or nizations operating within its territory thority. shoot them, because they are prohib- that is controlled by the Palestinian Mr. Speaker, in his historic speech to ited and withheld the kind of riot con- Authority. our joint session on September 20, trol equipment that would allow them This resolution demands that Chair- President Bush said that nations will to enforce these very sanctions that we man Arafat either prosecute Pales- be judged as either being against ter- want to see that they do to root out tinian terrorists and ensure that they rorists or being for them. In this hour Hamas. They have no riot control remain in custody, or turn over the of their grieving, Israelis should know equipment; they have no billy clubs; terrorists to Israel for prosecution. that the American Congress and the they have no tear gas. These are steps that Arafat, despite re- American people stand resolutely with So I ask that we look at this some- peated demands from Israel and, to them in our joint struggle against what erroneous resolution for what it some extent, from our own Nation, international terrorism. might do for the administration, if the that he has to undertake at this time Mr. Speaker, I reserve the balance of administration takes the initiative and but has refused to. Our resolution urges my time. does some positive things to undo the the President to suspend relations with Mr. DINGELL. Mr. Speaker, I yield 4 damage that has been done by Israel in Mr. Arafat, the Palestinian Authority, minutes to the distinguished gen- breaking down the very authority that until they, once and for all, root out tleman from California (Mr. ISSA). they now call on the United States to the terrorist infrastructure. We must Mr. ISSA. Mr. Speaker, I rise in op- insist that they take these steps. not do business as usual with Mr. position to this piece of legislation. We were just in the West Bank on a Arafat while he continues to allow Pal- Not because it is completely flawed, it CODEL. We saw how little ability the estinian suicide bombers to roam free- has great value in some of the things it PLO now has, what the effects of 14 ly, enabling them to carry out more de- says, but it has flaws. months of not receiving the funding struction against civilians. Before I go on to those flaws, I would they need to do their job are. Mr. Arafat has refused to crack down like to point out that the previous on these terrorist groups, believing speaker misstated this resolution. I b 1330 that he can keep peace with the Pales- would ask the gentleman from Cali- This is not a perfect document. It has tinian Authority if he stands down fornia (Mr. LANTOS) to use some of his been improved. I would call, once from confronting the militants. remaining time to restate correctly again, on the gentleman from Cali- However, these groups actually have this resolution. fornia (Mr. LANTOS) to make those cor- been undermining Mr. Arafat’s leader- This resolution in its original form rections so that we fairly and accu- ship by provoking Israel and pre- very outlandishly called on the Pales- rately state what item 4 and the rest of venting negotiations from yielding tinian Authority, as though they were this document says, which is a call on peace and prosperity for the Pales- the perpetrators of this crime. It has Hammas, the Palestinian Islamic Jihad tinian people. been changed, because they are not. and other organizations, terrorist orga- Mr. Speaker, this resolution puts Hamas committed these two terrible nizations, of which the Palestinian Au- other governments on notice that we in attacks, for which Hamas should be thority is not one. the Congress are watching their behav- hunted down and punished, as the Mr. HYDE. Mr. Speaker, I am pleased ior toward Palestinian terrorism as President is seeking to do. But in fact, to yield 2 minutes to the distinguished well. Governments such as Syria and the Palestinian Authority is also a vic- gentleman from New York (Mr. GIL- Iran must not be permitted to fund, to tim of these attacks. They have had MAN). arm and to harbor Palestinian terrorist loss of life as a result of this. And Mr. DINGELL. Mr. Speaker, out of groups with immunity and then hide going to the larger picture of the Mid- extraordinary respect and affection for behind tepid words of support for the dle East, Israel continues to find ways the gentleman from New York (Mr. United States’ efforts against the

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.067 pfrm01 PsN: H05PT1 H8870 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Taliban and bin Laden. Syria has al- estinian leadership. It is far past time revolving door justice system when it lowed Hammas and the Palestinian Is- for Chairman Arafat to start producing came to handling terrorists. Things lamic Jihad to maintain their head- results. He started this Intifada over a have not changed. quarters in Damascus and to operate year ago after rejecting Prime Minister Again, the U.S. simply needs to de- training camps in the Bekaa Valley of Barak’s generous calls for peace and, termine, is Arafat in control, or is he Lebanon. Iran provides about 10 per- since then, has chosen to ignore Amer- not? I would suggest that, in either cent of Hammas’ total budget and vir- ica’s calls for negotiation in favor of case, we ought to stop negotiating with tually all of the funds used by Pales- blowing up discos and pedestrian malls. him. tinian Islamic Jihad, according to a Mr. Arafat and the entire Palestinian Further, there are better uses for wide variety of reports and analyses. It leadership must listen very clearly to taxpayer dollars than to prop up ter- also funds weapons to Hizbollah in Leb- the message that we are sending: You rorists and their regimes. If we find anon, an organization that helps train have gained nothing by killing inno- that he is not in control, stop negoti- Hamas and Palestinian Islamic Jihad. cent teenagers, except the wrath of ating with him. If he is in control, hold In conclusion, let me say, Mr. Speak- America, Israel and the civilized inter- him accountable. We ought to begin er, that the passage of this resolution national community. the post-Arafat era. will send to Chairman Arafat a clear, Palestinian apologists have tried to Mr. DINGELL. Mr. Speaker, I yield 5 strong message that our patience with link these terrorist attacks to Israeli minutes to the distinguished gen- him is at an end. As some Israeli lead- policies. Let me say loud and clear that tleman from Texas (Mr. PAUL). (Mr. PAUL asked and was given per- ers have noted, Mr. Arafat should be those who make this argument are the mission to revise and extend his re- told to either surrender the terrorists, same, in many instances, who claim marks.) or surrender his power. The same poli- that the attacks on America on Sep- cies that we are pursuing against Mr. PAUL. Mr. Speaker, I thank the tember 11 were motivated by America’s gentleman for yielding me this time. Osama bin Laden in Afghanistan foreign policy. Only the most des- should be applied to Mr. Arafat. I urge Mr. Speaker, I rise in opposition to picable or deliberately blind human the resolution and not, obviously, be- my colleagues to fully support this beings can rationalize the murder of in- measure. cause it condemns violence. We all con- nocent teenagers for a supposed polit- demn the violence. But there is more Mr. LANTOS. Mr. Speaker, before ical cause. yielding to the gentlewoman from Ne- to this resolution than just con- Mr. Speaker, our patience with the demning the violence. I have a problem vada, I want to make some observa- Palestinian leadership has run its tions on the speaker prior to the gen- with most resolutions like this because course. American policy is clear that it endorses a foreign policy that I do tleman from New York (Mr. GILMAN). our enemies are terrorists everywhere I do not take back one single word of not endorse, and it does that by put- and all governments that support my statement. Units of Arafat Pales- ting on unecessary demands. So the de- them. This resolution says once and for tinian Authority have participated re- mands part of this resolution is the all to Chairman Arafat, what side are peatedly in the most heinous terrorist part that I object to, not the con- you on? Do you support terror, or will acts and claimed credit for it. Arafat demnation of violence. you immediately and permanently dis- paid tribute to mass murderers and as- By doing this, we serve to antago- mantle the terrorist organizations that sassins on a repeated basis. He is part nize. We hear today talk about having act freely within your territory? and parcel of the terrorist cabal. solidarity with Israel. Others get up Hamas and other terrorist organiza- Let me also say, with respect to and try in their best way to defend the sanctimonious statements about peace, tions operate with a free hand because Palestinians and the Arabs. So it is there was an opportunity for peace Arafat allows them to. If Arafat cannot sort of a contest: Should be we pro- when, under President Clinton’s leader- control these terrorists, then why are Israel or pro-Arab, or anti-Israel or ship and at his urging, former Prime we propping him up and pretending anti-Arab, and how are we perceived in Minister Barak made sweeping and that he has the ability to negotiate doing this? It is pretty important. phenomenal concessions to the Pales- with Israel for peace? If Chairman But I think there is a third option to tinian Authority, and instead of ac- Arafat fails to act, then it is time to this that we so often forget about. Why cepting those or coming up with a regard the Palestinian Authority as can we not be pro-American? What is counteroffer, he started a 14-month supporters of terror and deal with them in the best interests of the United mass murder, sweeping the region, as such. The choice, as it has always States? We have not even heard that with hundreds of Israelis and Palestin- been, is Chairman Arafat’s to make. yet. ians being killed, the Palestinian econ- Mr. HYDE. Mr. Speaker, I am pleased I believe that it is in the best inter- omy in shambles, tourism in the whole to yield 2 minutes to the distinguished ests of the United States not to get region from Egypt to Lebanon dead. gentleman from Arizona (Mr. FLAKE). into a fight, a fight that we do not have All of it because of terrorism and vio- Mr. FLAKE. Mr. Speaker, I thank the wisdom to figure out. lence. the gentleman for yielding me this Now, I would like to have neutrality. Mr. Speaker, I am delighted to yield time. That has been the tradition for Amer- Mr. Speaker, Yasar Arafat says that ica, at least a century ago, to be 21⁄2 minutes to the gentlewoman from Nevada (Ms. BERKLEY), my distin- he cannot control the terrorists. It friends with everybody, trade with ev- guished colleague and good friend. seems that we have a relatively easy erybody, and to be neutral, unless Ms. BERKLEY. Mr. Speaker, I rise in decision to make. Why do we not take somebody declares war against us, but strong support of the Hyde-Lantos res- him at his word? If he cannot control not to demand that we pick sides in olution. the terrorists, then he should not pre- every fight in the world. Yet, this is I would like to personally thank both tend that he can bring peace, and we what we are doing. I think our percep- the gentleman from Illinois (Mr. HYDE) ought to stop negotiating with him. We tions are in error, because it is not in- and the gentleman from California (Mr. need to look elsewhere among the Pal- tended that we make the problem LANTOS) for bringing this measure to estinians for negotiating partners. If worse. Obviously, the authors of the the floor and for their excellent leader- Yasar Arafat is responsible, then ter- resolution, do not want to make the ship on our committee. rorists under his control over the problem worse. But we have to realize, Mr. Speaker, after the vile terrorist weekend killed 26 Israelis. If he is re- perceptions are pretty important. So attacks perpetrated by Palestinian sui- sponsible, he needs to be held account- the perceptions are, yes, we have soli- cide bombers this weekend in Israel, able for his actions. We need to remem- darity with Israel. What is the opposite many are claiming that this is the mo- ber that Arafat has never outlawed of solidarity? It is hostility. So if we ment of truth for Yasar Arafat. The Hammas, he has never confiscated its have solidarity with Israel, then we fact is, Chairman Arafat has had too weapons, he has never shut down its have hostility to the Palestinians. many moments of truth, and he has training camps, and he has never even I have a proposal and a suggestion failed them all. publicly condemned it by name. which I think fits the American tradi- The patience of the United States has In 1997, then Secretary of State Mad- tion. We should treat both sides equal- been abused time and again by the Pal- eleine Albright said that Arafat had a ly, but in a different way. Today we

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.070 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8871 treat both sides equally by giving both The people of the Middle East must find a and the fight against terrorism. We sides money and telling them what to way to break this cycle of violence. As Sec- have had leadership on the Committee do. Not $1 million here or there, not retary of State Colin Powell told the House on International Relations that has $100 million here or there, but tens of International Relations Committee in October, helped us to ensure our support for billions of dollars over decades to both ‘‘You have got to find a way not to find jus- Israel, and I want to thank them all for sides; always trying to buy peace. tifications for what we are doing, but to get out their leadership. My argument is that it generally of what we are doing to break the cycle.’’ The citizens of Israel know too well does not work, that there are unin- Mr. Speaker, I agree with our Secretary of the threat of terrorism. This past tended consequences. These things State. The Secretary also said that we need to weekend was another brutal example: backfire. They come back to haunt us. move beyond seeing the two sides there as 26 Israeli citizens were murdered and We should start off by defunding, ‘‘just enemies.’’ I agree with that too. But I 175 were wounded by the terrorist defunding both sides. I am just not for don’t think this piece of legislation moves us group Hamas and the Palestinian jihad, giving all of this money, because every any closer to that important goal. While it all within 14 hours. This bloody week- time there are civilians killed on the rightly condemns the senseless acts of vio- end was part of an ongoing campaign Israeli side or civilians killed on the lence against the innocent, it unfortunately aimed at youth and families, unaccept- Palestinian side, we can be assured goes much further than that—and that is able acts of terrorism. that either our money was used di- where I regrettably must part company with To bring an end to terrorism in rectly or indirectly to do that killing. this bill. Rather than stopping at condemning Israel, Chairman Arafat has to live up b 1345 terrorism, this bill makes specific demands in to his agreements, including commitments made to stop this violence So we are, in a way, an accomplice on Israel and the Palestinian areas regarding in- against civilians. That means fulfilling all of this killing because we fund both ternal policy and specifically the apprehension sides. So I would argue we should con- and treatment of suspected terrorists. I don’t promises of prosecutions. His ability to sider neutrality, to consider friendship think that is our job here in Congress. maintain the rule of law would finally with both sides, and not to pretend Further, it recommends that the President demonstrate a Palestinian interest in that we are all so wise that we know suspend all relations with Yasir Arafat and the engaging in discussions of peace. Without serious action to eliminate, exactly with whom to have solidarity. Palestinian Authority if they do not abide by I think that is basically our problem. the demands of this piece of legislation. I don’t even harness terrorism, Arafat cannot We have a policy that is doomed to fail think this is a very helpful approach to the expect any opportunity for negotia- in the Middle East; and it fails slowly problem. Ceasing relations with one side in tions. So the United States stands united and persistently, always drawing us in, the conflict is, in effect, picking sides in the with Israel in the effort to eliminate always demanding more money. conflict. I don’t think that has been our policy, With the Arabs, we cannot tell the nor is it in our best interest, be it in the Middle the terrorist attacks against our citi- Arabs to get lost. The Arabs are impor- East, Central Asia, or anywhere else. The zens. Our continued unification with tant. They have a lot of oil under their people of the United States contribute a sub- other nations on this issue must not control. We cannot flaunt the Arabs stantial amount of money to both Israel and to cease to be heard around the world. and say, get lost. We must protect our the Palestinian people. We have made it clear Our Arab allies, indeed, must under- oil. It is called ‘‘our oil.’’ At the same in our policy and with our financial assistance stand our position and encourage time, there is a strong constituency for that we are not taking sides in the conflict, but Chairman Arafat to take the necessary never offending Israel. rather seeking a lasting peace in the region. steps against known terrorist organiza- I think that we cannot buy peace Even with the recent, terrible attack. I don’t tions, and support him publicly when under these circumstances. I think we think this is the time for Congress to attempt he does. can contribute by being more neutral. I to subvert our government’s policy on the I encourage all my colleagues to sup- think we can contribute a whole lot by Israeli-Palestinian conflict. port House Concurrent Resolution 280 being friends with both sides. But I be- Finally, the bill makes an attempt to join to- to express our support and solidarity lieve the money is wasted, it is spent gether our own fight against those who have for the citizens of Israel. unwisely, and it actually does not attacked the Untied States on September 11 Mr. LANTOS. Mr. Speaker, I am serve the interests of the American and Israel’s ongoing dispute with the Palestin- pleased to yield 2 minutes to the dis- people. ians. I don’t think that is necessary. We are tinguished gentleman from New York First, it costs us money. That means currently engaged in a very difficult and costly (Mr. ACKERMAN), the distinguished that we have to take this money from effort to seek out and bring to justice those ranking member of the Middle East the American taxpayer. who have attacked us and those who sup- subcommittee of the Committee on Second, it does not achieve the peace ported them, ‘‘wherever they may be,’’ as the International Relations. that we all hope to have. president has said. Today’s reports of the pos- Mr. ACKERMAN. Mr. Speaker, I am Therefore, the policy of foreign non- sible loss of at least two our servicemen in Af- outraged by the statement of one of interventionism, where the United ghanistan drives that point home very poign- the previous speakers who has now left States is not the bully and does not antly. As far as I know, none of those who at- the floor who said, with his unique come in and tell everybody exactly tacked us had ties to Palestine or were har- sense of justice, that we should treat what to do, by putting demands on bored there. Mr. Speaker, I think we can all everybody equally; that we should them, I think if we did not do that, yes, condemn terrorism wherever it may be without treat the terrorists and victims the we could still have some moral author- committing the United States to joining end- same; that we should treat Hamas the ity to condemn violence. less ongoing conflicts across the globe. same way and look at them in the But should we not condemn violence Mr. GILMAN. Mr. Speaker, I am same way that we treat little girls equally? Could it be true that only in- pleased to yield 2 minutes to the dis- going to a disco, or grandmothers tak- nocent civilians have died on one side tinguished gentlewoman from Mary- ing their grandchildren out for pizza and not the other? I do not believe that land (Mrs. MORELLA). for lunch. That is not justice; that is to be the care. I believe that it happens Mrs. MORELLA. Mr. Speaker, I ridiculous. on both sides, and on both sides they thank the gentleman for yielding time Mr. Speaker, I rise in strong support use our money to do it. to me, and I thank him for his leader- of the resolution. I would like to thank I urge a no vote on this resolution. ship. the chairman, the gentleman from Illi- Mr. Speaker, like most Americans, I was ap- I also want to commend the gen- nois (Mr. HYDE), and the ranking mem- palled by the suicide bombings in Israel over tleman from Illinois (Chairman HYDE) ber, the gentleman from California the weekend. I am appalled by all acts of vio- and, again, the chairman of the sub- (Mr. LANTOS), for their outstanding ef- lence targeting noncombatants. The ongoing committee, the gentleman from New forts in crafting this resolution and cycle of violence in the Middle East is robbing York (Mr. GILMAN), and the gentleman getting it to the floor in so timely a generations of their hopes and dreams and from California (Mr. LANTOS) for the fashion. freedom. The cycle of violence ensures eco- work they have done. I believe it is critically important at nomic ruin and encourages political extre- I rise in strong support of this resolu- this moment, this moment of truth, for mism; it punishes, most of all, the innocent. tion to express solidarity with Israel the House of Representatives to speak

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.073 pfrm01 PsN: H05PT1 H8872 CONGRESSIONAL RECORD — HOUSE December 5, 2001 out against the Palestinian terrorism additional 5 minutes for each side, Palestinian villages, which has been which has cost so many innocent since we have additional speakers. part of their policy in the past, as well. Israelis their lives. Mr. DINGELL. Mr. Speaker, I with- If we are to be taken seriously about It is well past time for Congress to draw my reservation of objection. condemning terrorism, if we are to be a say enough, enough killing, enough The SPEAKER pro tempore. Is there peacemaker in the Middle East, and terror, and finally, enough duplicity, objection to the request of the gen- that is what we should be whenever excuses, and lies. Palestinian terrorism tleman from New York? there is an act of terrorism, we need to is not an accident; it is not an uncon- There was no objection. step forward; and we have not done it trollable cycle. In fact, it is the result The SPEAKER pro tempore. The gen- when the Palestinians are the victims. of a deliberate, deliberate refusal by tleman from New York (Mr. GILMAN), Today I am going to vote for this res- the Palestinian Authority to crack the gentleman from Michigan (Mr. DIN- olution because I wholeheartedly con- down on terrorist groups like Hamas GELL), and the gentleman from Cali- demn the killing that we are talking and the Palestinian Islamic jihad. fornia (Mr. LANTOS) will each be recog- about here, with these poor Israeli peo- It is the result of the Palestinian nized for an additional 5 minutes. ple, 26 of them, and 175 wounded. These Authority’s revolving-door prison pol- Mr. GILMAN. Mr. Speaker, I am young people who are wounded prob- icy, and the Palestinian leadership’s pleased to yield 2 minutes to the gen- ably have no legs, young people being unconscionable refusal to arrest terror- tleman from California (Mr. ROHR- disfigured all their lives. This is a hor- ists whose names and addresses are ABACHER). ror story. made familiar by endless Israeli re- Mr. ROHRABACHER. Mr. Speaker, I But it is an equal horror story when quests for action, requests that have will be voting for House Concurrent those things are done on Palestinians been confirmed by our own govern- Resolution 280. This bill reflects my ab- by the Israeli soldiers, and we need to ment. horrence and total condemnation of be a peacemaker and not just give Hamas is a terrorist group, and the terrorist attacks on innocent Israelis, blanket approval to everything Israel PA harbors them. Our President says noncombatants. That attack, carried does. there is no difference, that the Pales- out on December 1 and 2, mutilated and Mr. LANTOS. Mr. Speaker, I yield tinian Authority must be held account- killed 26 noncombatants, and 175 were myself such time as I may consume. able for these grotesque decisions wounded. These were human beings: Mr. Speaker, I want to tell my good which make any hope of peace an im- men, women, and children, young peo- friend, the gentleman from California, possibility. ple, and seniors. This monstrous atroc- that there is an enormous difference The Palestinian people have legiti- ity must be condemned by all who be- between targeting innocent civilians mate grievances and they have a right lieve in morality, all who believe in to express them; but they have no and collateral damage. God, all who seek a better world and Today, as we speak, American sol- right, no right, no right to blow up and seek peace. diers were killed, killed in Afghanistan murder innocent men, women, and We condemn this as we condemn all by our own forces inadvertently. There children. attacks which have targeted Israelis Mr. Speaker, the United States can- is a difference of the whole world be- and noncombatants in the decades not work during the day with Pales- tween deliberately killing innocent ci- past. This unconditional condemnation tinian leaders on ‘‘the peace of the vilians and retaliating, doing one’s ut- of such attacks on Israel, on their non- brave’’ while in the evening they turn most to avoid killing civilians and, combatants, is totally justified. a blind eye to terrorist bombings, tragically, mistakes occurring. I think But that is not enough. If America is this distinction must be made on this shootings, and mayhem. As President to be a peacemaker in the Middle East, Bush made so clear in his address to floor. if we are to take a principled stand Mr. Speaker, I am pleased to yield 2 this Congress and to the American peo- that will then be taken seriously by ple, the time has come for every Nation minutes to my good friend, the distin- both sides when we condemn terrorism, guished gentleman from Maryland (Mr. and national group to choose: they are we must condemn with equal moral either with us or they are with the ter- CARDIN). outrage the murderous assaults on Pal- Mr. CARDIN. Mr. Speaker, I thank rorists. estinian noncombatants. The Palestinian Authority has ex- the gentleman for allowing me this There are piles of bodies in the Mid- actly that choice to make now. Either time. dle East today, piles of bodies of inno- they destroy the infrastructure of Let me also thank the gentleman cent people. The Economist Magazine Hamas, Islamic jihad, and other ter- from California (Mr. LANTOS) for his recently noted that the number of Pal- rorist groups, or they will lose their re- leadership in bringing forth this resolu- estinian noncombatants who have been lationships with the Congress, lose tion and thank the gentleman from Il- killed in these last 6 weeks far out- their relationship with the United linois (Mr. HYDE), as well. number the number of Israeli victims. States, and in the end, stand to lose Mr. Speaker, some of our colleagues But there have been victims on both are concerned about taking a side. We much more than that. sides; and we need to equally, with Mr. Speaker, we must pass this excel- are taking a side; we are taking a side equal fervor, condemn these attacks on lent resolution. Again, I want to thank against terrorists. We cannot be neu- innocent people. We should have zero the gentleman from Illinois (Chairman tral when it comes to terrorists. Our tolerance, zero tolerance of this brutal HYDE) and the gentleman from Cali- President has said it very clearly: they terrorism that has kept the Middle fornia (Mr. LANTOS) for helping the are either on our side in the fight East in such turmoil. House to find its voice on this very against the terrorists, or they are on But let me note that does not mean, critical issue. the side of the terrorists. Mr. GILMAN. Mr. Speaker, I ask because we condemn this terrorism, This resolution is very straight- unanimous consent that each side be that we close our eyes to the fact that forward. It supports the resolve of the given an additional 5 minutes, since we Israeli soldiers are mowing down young people of Israel, and it lends the sup- have some additional speakers. boys who are doing nothing more than port of our Nation in their war against The SPEAKER pro tempore (Mr. throwing rocks, a nonlethal weapon, terrorists. and they use deadly force. BASS). Is there objection to the request b 1400 of the gentleman from New York? There are people in this body who Mr. DINGELL. Mr. Speaker, reserv- are, with me, dedicated to human That is exactly what the President ing the right to object, I just want to rights who would never permit a re- and we asked of the American people hear again what my good friend said. gime anywhere in the world to use such after the attack on our country on Sep- Mr. GILMAN. Mr. Speaker, will the deadly force against people who are tember 11. We asked for the resolve of gentleman yield? simply throwing rocks in order to call our people and their national support. Mr. DINGELL. I yield to the gen- the public attention to their seeking There should not be a different stand- tleman from New York. justice for their cause. The killing of ard here. We all should be opposed to Mr. GILMAN. Mr. Speaker, I would an Israeli soldier does not justify the the terrorist activities and support this tell the gentleman, I am asking for an shelling, indiscriminate shelling, of war.

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.075 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8873 Mr. Arafat must make a choice. He The revolving door policy at Pales- distinction between the terrorists and either will join us in rooting out the tinian jails must end immediately. those who harbor them. Just as al- terrorists in the Middle East or he will After years of negotiating with Arafat Qaida receives support and sanctuary continue to be an ineffective leader. If and the Palestinian Authority to no from the Taliban, Hamas, Palestinian, he wants to be the leader of the Pales- avail, it may be time to ask if Arafat is Islamic Jihad, Hezbollah and others are tinian people that brings peace to the truly a partner interested in peace. As provided a sanctuary and with land to Middle East, then he must engage us, the old adage goes, actions speak loud- operate and with support from Mr. as this resolution calls upon him to do, er than words. Arafat’s actions suggest Arafat and his confidants. to root out terrorists in the Middle that we have been wasting our time in Mr. Speaker, the time has come for East. dealing with him. the United States to stop talking about Mr. Speaker, this is a resolution that Mr. Arafat, our patience has finally waiting for Arafat to fulfill certain I hope all of us would support. It shows run out. You have no more bargaining conditions. How many times will we that we will not compromise with ter- chips left. President Bush issued a demand he reign in the terror and stop rorists. It shows that we are united as challenge to the world when he said, the killing? How many U.S. taxpayer a Nation, we are united in our inter- you are either with us or you are with dollars must we spend and entrust to national coalition to root out terrorist the terrorists. Clearly, you have cho- Arafat and his Palestinian Authority activities, whether they occur in the sen. as they continue to harbor the terror- United States, whether they occur in Following the events of September ists? Israel, or wherever they occur. Inno- 11, Americans have experienced what Mr. Speaker, the United States and cent people should not be targets. We the Israelis have been dealing with Israel share common values and free- cannot compromise that issue. since 1948. The Israeli government was dom of choice, and I believe this reso- This resolution speaks to that, and I there for us on 9/11, and we need to be lution signals what should be the end urge my colleagues to support the reso- with the Israelis today. of the road for American patience with lution, to put this body on record I urge all of my colleagues to support Mr. Arafat. against terrorism. this resolution. Mr. LANTOS. Mr. Speaker, I am Mr. GILMAN. Mr. Speaker, I am Mr. HYDE. Mr. Speaker, I am pleased pleased to yield 2 minutes to the dis- pleased to yield 30 seconds to the gen- to yield 2 minutes to the distinguished tinguished gentleman from New York tleman from California (Mr. ISSA). gentleman from Virginia (Mr. CANTOR). (Mr. NADLER). Mr. ISSA. Mr. Speaker, I want to (Mr. CANTOR asked and was given Mr. NADLER. Mr. Speaker, I rise in make it clear that this resolution permission to revise and extend his re- strong support of this resolution con- started off as one that I could not sup- marks.) demning the terrorist outrages com- port, and, in its final form, it is one Mr. CANTOR. Mr. Speaker, I rise mitted by the Palestinian terrorist that I will vote for, not because any- today in strong support of H. Con. Res. groups and expressing our solidarity thing I said was less accurate. There 280; and I thank the gentleman from Il- with Israel. are unsaid things. There are, in fact, linois (Mr. HYDE), the chairman; the Mr. Speaker, there can be no peace challenges that the Israeli government gentleman from California (Mr. LAN- and no real negotiations as long as has not met that I would hope they TOS), the ranking member; and the gen- such terrorist attacks continue. Mr. meet, but I would say that in the final tleman from New York (Mr. GILMAN) Arafat denounces these terrorist at- analysis that we as a body must speak for bringing this measure to the floor tacks but operates a revolving door about the wrong actions that occurred, so quickly. prison system, that encourages the ter- regardless of what is not in this docu- As was stated earlier, this past week- rorists to continue. He then lionizes ment or any flaws that remain. end we witnessed some of the bloodiest the terrorist murderers and, in fact, Mr. LANTOS. Mr. Speaker, I am de- and most gruesome terrorist attacks gives death benefits and pensions to lighted to yield 2 minutes to our distin- on Israeli citizens by Palestinian ter- the families of the suicide bombers. guished colleague, the gentleman from rorist organizations. These terrorist He is obviously not honest in his op- New York (Mr. CROWLEY). attacks are just another reminder that position to terrorism, and he permits it (Mr. CROWLEY asked and was given Palestinian Authority Chairman to continue and, indeed, promotes it. permission to revise and extend his re- Yasser Arafat and his closest con- Mr. Speaker, there can be no moral marks.) fidants continue to be the largest ob- equivalency between the deliberate at- Mr. CROWLEY. Mr. Speaker, I stand stacle to peace in the Middle East by tacks of the terrorists on Israeli civil- up to say, enough is enough. I rise in contributing to the reign of terror. ians and the unfortunate deaths of ci- strong support of this resolution, and I Each and every day Israelis and now vilians who are victims when Israel at- am proud to be a cosponsor. I commend Americans face disruptions to our nor- tempts to attack the terrorists to pre- the gentleman from Illinois (Mr. mal civilized daily lives by the con- vent further terrorist attacks. HYDE), the chairman, and the gen- stant threat and now reality of suicide Mr. Arafat must now be held to de- tleman from California (Mr. LANTOS), bombers and terrorist attacks. I com- stroy the terrorist infrastructure now. our ranking member, for bringing this mend President Bush for his actions If Arafat does not do this very quickly, measure before us this afternoon. yesterday in freezing the assets of the then Israel in all likelihood will take I was both saddened and infuriated Holy Land Foundation for Relief and upon itself the necessity of doing so. by the events that transpired in Jeru- Development, which poses as a chari- Israel will have to exercise its inherent salem and Haifa this past weekend. table organization but, in fact, funnels right of self-defense, as the United Saddened because 26 people were mur- millions of dollars annually to Hamas. States is now doing in Afghanistan, dered and 175 were injured in a cow- In response to an earlier speaker who and that will greatly escalate the situ- ardly terrorist attack. Infuriated be- asked, when are we going to start act- ation. cause Yasser Arafat and his Pales- ing in the U.S. interests, I pose and The key to the Oslo agreement for tinian Authority have done nothing to ask, are not we acting in the interests peace talks was the renunciation of vi- prevent these attacks since the peace when we shut down organizations as olence by both sides as leverage in ne- process began. that who are operating within our bor- gotiations. Israel has renounced that Arresting low-level Hamas operatives ders? Those organizations are using our violence. Arafat, obviously, has used it to demonstrate that he is doing some- laws to operate to raise money for ter- as a tool. After Prime Minister Barak thing is fooling absolutely no one. Ara- rorist activities which can just as eas- made a breathtaking offer of conces- fat’s declaration that he is cracking ily take place in Israel and as we saw sion to Israel last year, Arafat reacted down on Palestinian terrorists is about on 9/11 here in America. not by agreeing, not by a counteroffer, as effective as the police inspector We in America, under the leadership but by starting a war which has esca- played by Claude Rains in Casablanca of President Bush, have set out to lated into a war against civilians. when he said, round up the usual sus- make Americans and freedom-loving I support this resolution. We must pects, while Humphrey Bogart got people safer against the terrorists. As stop that war. Israel, if necessary, away. stated in the Bush doctrine, there is no must exercise its right of self-defense

VerDate 05-DEC-2001 02:59 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.079 pfrm01 PsN: H05PT1 H8874 CONGRESSIONAL RECORD — HOUSE December 5, 2001 to stop that war against civilians, and My friend from California says, oh, quest of the gentleman from Cali- no one on earth can tell a sovereign na- we have got the wrong villain. It is not fornia? tion not to fight to protect its citizens the Palestinian Authority, it is not There was no objection. against the kind of terrorist murderers Arafat, it is Hamas, and if only you Mr. LANTOS. Mr. Speaker, I am who murdered people in Jerusalem last give him the chance and the tools to pleased to yield 2 minutes to the dis- week and in New York City on Sep- stamp out Hamas, he can do it. tinguished gentleman from New York tember 11. Well, he asked for control of the ter- (Mr. ENGEL). Mr. HYDE. Mr. Speaker, I am pleased ritories. The Palestinian Authority has Mr. ENGEL. I thank my colleague to yield 2 minutes to the distinguished it; 95 percent of those that live in the from California, the ranking member, gentleman from Illinois (Mr. KIRK). territories are under Palestinian con- for yielding me this time; and I also Mr. KIRK. Mr. Speaker, there comes trol. He says, I need a police force to thank the chairman. a time in the life of a democracy when control violence. The Israelis gave him I rise in very, very strong support of their leaders must respond to terror by a police force, gave him guns, gave this resolution. I want to read a quote unleashing a terrible, swift sword. That those fighting against them guns. He from President Bush right from his res- is this time for our allies in Israel. said, that is not enough. He said, I need olution, when he stated on September Under the previous prime minister, a list of the terrorists. Well, the 20: ‘‘Every Nation and every region now Yasar Arafat was offered a choice. At Israelis gave him that, too. They refuse has a decision to make. Either you are Camp David and again at Taba, he to arrest them, and then they go and with us or you are with the terrorists. chose between an offer of 97 percent of slaughter innocents. We cannot have it From this day forward, any Nation the territories or the gun. He chose the both ways. that continues to harbor or support gun. Some say Arafat is powerless. Well, if terrorism will be regarded by the Many Americans thought that Arafat he is powerless, let us adopt President United States as a hostile regime.’’ could make a courageous decision like Bush’s admonition and toss him upon Mr. Speaker, we are in Afghanistan Nelson Mandela to surrender the gun the dust heap of history; and if he is going after the Taliban not because we and govern a state, or Arafat could fol- powerful enough to be a partner for think the Taliban plotted and planned low the path of Fidel Castro and pre- peace, let me ask why is it in his entire the terrorist attacks on September 11, side over increasing isolation and de- history he has not given a single but because the Taliban harbored struction. Arafat chose unwisely and speech in Arabic telling his people that Osama bin Laden and al Qaeda, which conducted a wave of violence against it is time to live in peace with Israel. planned these attacks. Well, if it is teenagers and commuters. Not a single one. okay for the United States to knock off His apologists say that Arafat has no Ask him why it is that he has never the Taliban because they did nothing power. They are wrong. He has no judg- stopped educating the young people in to prevent terrorist acts and indeed ment. President Bush put the question the Palestinian territories to hate from harbored the terrorists, then Israel has clearly after September 11, you are ei- their very youngest age. He even the same right to go after Yasar Arafat ther with the terrorists or you are with stopped a program called Seeds of because he has done nothing to stop the West. You cannot condemn the Peace which let young people from terrorism. Taliban and hug Hezbollah. Egypt and Israel and from the territories get to- No one is saying he sits there and Jordan chose wisely: Peace with Israel. gether and share their common inter- plans and plots the terrorist attacks, Arafat chose war. ests. but he certainly does nothing to stop He is now harvesting the wrath of a On September 11, we in the United them. Either he cannot stop them, at democracy and her American ally. States learned what it was like to live which point what is the point in talk- Americans are best when we stand with in Israel. We would not think of saying ing to him; or he refuses to stop them, our democratic allies, and now is the to Osama bin Laden, well, let us nego- which at the same point there is no time to stand with Israel. Together, we tiate, let us take it easy, let us give sense talking to him. He has had time. My colleagues have mentioned where will show that the way of the suicide him a chance. We would never think there were generous peace proposals, bomber leads nowhere, and only nego- about giving them Texas and Louisiana far beyond what any Israeli prime min- tiations with the democratically elect- if only they would go away. We would ister could have offered, and Yasar ed leaders of Israel can lead to peace. never think of that then. We should I want to thank the gentleman from Arafat rejected the peace proposals of not even consider that today. Illinois (Mr. HYDE) and the gentleman We should pass this very strong reso- then Prime Minister Barak, and, worse from New York (Mr. GILMAN) and espe- lution, and we should do even more in than rejecting it, he walked away from the process. He did not make any coun- cially the gentleman from California the future. (Mr. LANTOS) for his leadership on this. terproposal. He did not try to squeeze a The SPEAKER pro tempore (Mr. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE few more concessions out of the The SPEAKER pro tempore. The OTTER). The Chair would announce Israelis. He walked away and he un- Chair would like to remind the House that the gentleman from Illinois (Mr. leashed the intifada. As far as I am that Members should address their HYDE) has 3 minutes left. The gen- concerned, I am at my wits’ end with comments to the Chair and not to tleman from Michigan (Mr. DINGELL) Yasar Arafat, because he has not shown has 17 minutes left. The gentleman other Members in the second person. that he is a partner for peace. In order Mr. LANTOS. Mr. Speaker, I ask from California (Mr. LANTOS) has 3 to be a partner for peace, it takes two unanimous consent that all persons minutes left. to tango. As far as I am concerned who control time be given equally an Mr. LANTOS. Mr. Speaker, I am right now, Israel is without a partner additional 10 minutes. I know some of pleased to yield 2 minutes to our dis- to negotiate peace. tinguished colleague from New York my colleagues do not need it, but in Now, Hamas, Islamic jihad, all the the spirit of collegiality, we do not (Mr. WEINER). terrorists have had revolving-door jus- Mr. WEINER. Mr. Speaker, Lewis want to stifle discussion. tice from Mr. Arafat. He arrests them The SPEAKER pro tempore. Is there Carroll wrote about a language where and lets them out the back door. The down is up, black is white as jabber- objection to the request of the gen- game is played time and time and time wocky, and some of the opponents of tleman from California? again. He will come here to Wash- Mr. MURTHA. Mr. Speaker, I object. this resolution are engaged in it today. The SPEAKER pro tempore. Objec- ington, and he will issue statements in The very distinguished gentleman tion is heard. English condemning terrorism. He does from Michigan (Mr. DINGELL) talks not issue those statements in Arabic. about the despair of the Palestinian b 1415 He does not call for peace with Israel in people as if it is a rationale for dyna- Mr. LANTOS. In view of the objec- Arabic. He does not do anything to mite laced with nails in the middle of tion heard, Mr. Speaker, I ask unani- help the plight of his own people. In a busy square in front of a pizzeria and mous consent that each side be given fact, Islamic jihad and Hamas rep- an ice cream parlor, as if the slaughter an additional 5 minutes. resent at least as much a threat to him of innocents is somehow a legitimate The SPEAKER pro tempore (Mr. and his authority and his people as form of political speech. OTTER). Is there objection to the re- they do to Israel.

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.080 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8875 We have to condemn terrorism with on this issue. I rise in strong support of Arafat and his terrible failings, but the every force we have. And for the ques- Israel’s fight against terrorism. hope that is offered by George Mitchell tion before that was asked, what is in The blood of combatants is unfortu- and George Tenant. The Mitchell plan the best interest of the United States, nate but understandable. The blood of and the Tenant principles to restart the best interest of the United States innocents is intolerable and unaccept- the peace process have to be the focus is to go after terrorists wherever they able. Today, we deal with that blood; of this country. rear their ugly head, in the United and we first have to say that we must We need to move forward with a cool- States, in Israel, or anywhere around not have and shed the blood of inno- ing off period, a cease-fire, of con- the world. I wholeheartedly support cents on either side. Now, the gen- fidence-building measures and must re- this resolution and urge its passage. tleman from California (Mr. LANTOS) start the peace process. That is the Mr. HYDE. Mr. Speaker, I yield 3 correctly made the distinction that highest priority, and I call on the minutes to the distinguished gen- sometimes in the course of collateral House to give our full support to it. tleman from Indiana (Mr. PENCE). damage innocent Palestinian blood has Mr. LANTOS. Mr. Speaker, I am Mr. PENCE. Mr. Speaker, I thank the been shed, and we must say in all sin- pleased to yield 11⁄2 minutes to our dis- chairman for yielding me this time, cerity that that is truly a tragedy. But tinguished colleague, the gentleman and I commend him and the ranking today we address a different situation, from Florida (Mr. DEUTSCH). member for their outstanding leader- the targeted and deliberate shedding of The SPEAKER pro tempore (Mr. ship on this very timely resolution. innocent blood of Israelis, Israeli youth OTTER). The Chair would advise that Twenty-six innocent people in Israel in many instances; and that is unac- the gentleman from California (Mr. murdered in cold blood, 175 wounded by ceptable. LANTOS) has 1 minute remaining. Palestinian terrorists all within 14 But it is not enough to come down Mr. DINGELL. Mr. Speaker, I yield 1 hours. On a proportional basis, as our here today and condemn from afar. I minute to the gentleman from Florida resolution provides, this would rep- think we also have to today say, in ad- (Mr. DEUTSCH). resent 1,200 American deaths and 8,000 dition to the fact that we condemn ter- The SPEAKER pro tempore. The gen- wounded. Today, I rise as a proud and rorism, we have to examine our role as tleman from Florida (Mr. DEUTSCH) is humbled cosponsor of House Concur- a country, our foreign policy. We can- recognized for 2 minutes. rent Resolution 280 expressing soli- not stand on the sidelines. We have to Mr. DEUTSCH. Mr. Speaker, I thank darity with Israel in its fight against have more engagement. We have to the ranking member of the Committee terrorism. press for a workable and serious cease- on International Relations as well as I submit to you, Mr. Speaker, that fire. We have to continue the peace the ranking member of the Committee we should do no less than we will do in process, because it is only through the on Energy and Commerce for yielding this Chamber today: condemn the vi- peace process that we can end the shed- me this time. cious terrorist attacks that have re- ding of innocent blood. And we have to I urge my colleagues to read the reso- sulted in the deprivation of sons and have accountability for individuals and lution. I urge my colleagues to read it daughters, husbands and wives, and countries, some of whom are our allies, because I think when they read it, grandparents of the families in Israel; who tolerate, incite, and ignore the there should be no votes against it on expressing outrage today, as we do, of proposals of hatred within their own the floor. I know a number of Members the ongoing Palestinian terrorist cam- borders. Because it is this cycle of ha- have spoken against it today; but I paign, which is not, as some in the tred that really causes the violence urge them to read the specifics, be- media say, a cycle of violence; but it is that we decry today. cause I do not think there is anything violence against the people of Israel So we need to both condemn today in this resolution that any Member in and the self-defense of Israel. And we the terrorism that caused these tragic good faith can be against. also demand today that the Palestinian deaths and also look inside our own There are things that Members can Authority destroy the infrastructure of foreign policy to see how we can do object to about Israeli policies, and Palestinian terrorist groups, pursue more to combat this problem that is af- there is a debate that we can go and we and arrest terrorists, and bring them to fecting the Middle East today. should articulate. But what this reso- justice; and our efforts both commend Mr. LANTOS. Mr. Speaker, I am lution is really talking to is specifi- the President and urge all necessary pleased to yield 11⁄2 minutes to our dis- cally acts of terrorism, acts of ter- steps be taken to ensure such actions tinguished colleague, the gentleman rorism that, as Mr. Zinn has said, and by the Palestinian Authority are time- from Pennsylvania (Mr. HOEFFEL). I quote, ‘‘the deepest evil one can ly indeed. Mr. HOEFFEL. Mr. Speaker, I thank imagine.’’ And that is what we are con- I rise today, Mr. Speaker, as a Chris- the gentleman for yielding me this demning today, to show that this Con- tian American from the heartland of time, and I rise in strong support of gress and the American people are this country, the great State of Indi- this resolution today. grieving, are feeling some of the pain, ana. And I am here to say that I rep- The increased violence in the Middle although not as significant as the pain resent hundreds of thousands of Ameri- East and the horrible acts of terror that Israelis individually and families cans who still believe that He will bless against Israelis have recaptured the at- are feeling today. those who bless Israel. It is from this tention of the world. And as we refocus We have a unique role to play as tender regard of the American people on the Middle East, and in our mutual America, as the world’s only super- that this nation sprang back into exist- search for peace, we have to be willing power, as a linchpin of Israel’s survival ence in its historic homeland in 1948, to denounce and decry the horrible acts and security. In fact, our role as Mem- and the enemies of Israel should know of violence against civilians. The inex- bers of Congress are as linchpins of any that that regard remains to this day. cusable terror directed against Israelis potential peace in the region. I pray for the peace of Jerusalem. must be condemned by the world. I have not given up hope. This week, May there be peace within her walls We must hold Yasar Arafat respon- Jews throughout the world are going to and security within her citadels. May sible for stopping that terror. Israel read a passage in the Torah about Jo- the grieving families hear from this surely has a right to hold him respon- seph being thrown into slavery and Congress today the voice of sympathy sible, the United Nations and the being in a prison, and it looks as if the and the voice of solidarity, and I urge United States must hold him respon- worst possible time exists for him. Yet all of my colleagues to support this sible, and the world must hold him re- at that worst possible time, by our resolution. sponsible. faith and by our belief, we understand Mr. LANTOS. Mr. Speaker, I am Israel surely has a right to defend that there is hope for peace. pleased to yield 11⁄2 minutes to my good herself, and we are seeing that today. But I urge all of my colleagues to friend and distinguished colleague from She surely has a right to act firmly to support the resolution. Maryland (Mr. WYNN). prevent further acts of terror. But we Mr. DINGELL. Mr. Speaker, I yield Mr. WYNN. Mr. Speaker, I thank the must, as we criticize appropriately myself 7 minutes. gentleman for yielding me this time Yasar Arafat, we have to keep our eyes This is a very important debate and and also for his outstanding leadership on the ball, which is not so much Yasar one which merits the careful attention

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.084 pfrm01 PsN: H05PT1 H8876 CONGRESSIONAL RECORD — HOUSE December 5, 2001 of all of our colleagues. And it is one This is what we are talking about. Why is it that there are so few in this on which the body here should remain The best interests of Israel, the best in- body that cannot understand that? focused on the issues which are before terests of the Palestinians, and the Why is it that we are debating the us. best interests of the United States are faults of Mr. Arafat unless we have a What is the real issue that confronts found most powerfully in the resolu- better alternative and a better leader the United States? Is it this resolution, tion of the controversies there. These acceptable to the Palestinian people. or is it real and lasting peace in the controversies create bitter and angry Why is it that we are failing to discuss Middle East? The answer is our con- people who are going to engage in ter- peace and a really meaningful way of cerns are peace in the Middle East, rorist activities and are the real risk to achieving that peace? peace for the Israelis, peace for the the people of the world, and to world That is the end to terrorism and kill- Palestinians, peace for the other Arab peace. ing. That is the beginning of peace for and Muslim countries in the area. And I am surprised that my colleagues Israel. It is a beginning of an end to the without that, there will be no peace are not more publicly aware of this. We sorrows and misfortunes of the Israelis. and no security for the United States, are not talking for or against Israel. It is also a beginning of an end to the We are not talking for or against the as September 11 shows us. sorrows and the travails that are felt Palestinians. We are talking about two I have heard a number of my col- by the Palestinian people. leagues say, that, you are either for us things: one, peace; and, two, a process We should be discussing these mat- or against us on terrorism. I am aware which has to be bottomed on justice ters, and we should begin to set a pol- of no one in this body who does not join and a sense of justice by all of the par- icy in the United States where we are me in opposition to terrorism. And I ties in the area. forcibly going to address these con- am aware of no one in this body who I do not know what I have to do to cerns and where we are finally taking does not feel that peace is in the best have my colleagues here understand meaningful action to ensure lasting interest of all. I am also aware of no that the interest of the United States peace. member here who is not supportive of will never be served by the conflict the continued existence of the State of which exists in the Middle East, or I am not asking my colleagues to em- Israel, and who does not feel that this what I have to do to have my col- bark on an easy trip. I am asking them should be a part of American policy leagues understand that this kind of to look to find what alternative there and concern. Resolution really does nothing to re- are and then to join me and other de- I am troubled, however, when I hear solve those kinds of problems, or to cent people in an American effort to some of my colleagues, as they have make my colleagues understand that bring peace to the Middle East for the done in this debate, talk about how the peace and security for Israel or the Israelis, and for the people of the occu- issue here is terrorism, and you are ei- United States or Palestine lies only in pied territories. We must assure we do ther with us or against us on terrorism. one thing and that is a negotiated set- this while we still have friends who are Not so! The issue is peace and how to tlement in which they have come to an leading countries in the area and while achieve it. That must be our debate agreement themselves. This is some- we still bring all parties to the table to and our focus. thing which can only be forced by the commence a meaningful and strong ef- United States. fort for peace. b 1430 Mr. Speaker, I see nothing of that I ask with each passing day, does the Peace is the important issue, and it kind moving forward in this discussion. cause of peace get stronger with the is the one that concerns us above all I see only further actions taken by the killing of innocent Israelis in Israel or others in the Mid East. It is one which United States to continue what is the killing of innocent Palestinians in we have addressed in our resolutions going on now, to see the killings in the occupied territories? Do the frus- earlier and which we are addressing Israel going on, to see frustrated, trations and angers and the bitterness now through actions diplomatically angry people going out to commit sui- and the hate that is building over there and militarily. cide just to kill a few people that they add a single thing to our prospects for Now what should be the focus of the hate, lets understand that this is a risk peace? I suggest not. I do suggest that debate here is something quite dif- which has already visited the United we commence the beginning of a mean- ferent, and that is how we focus the ef- States on September 11. To begin to ingful process forced with every effort forts and the energies of the United force the peace process to work is the that this country can put into it to States to bring about peace. I have in- one interest that we should discuss in abate this terrible situation. troduced H. Con. Res. 253 which ex- the United States today. Regretably we presses support for the Mitchell Com- Mr. Speaker, I reserve the balance of are not doing so. my time. mission Report. No action has been We could be discussing how we are Mr. HYDE. Mr. Speaker, I yield 2 taken by the Committee on Inter- going to bring these people to the minutes to the gentleman from Texas national Relations, and yet that is table. I have heard a rich abundance of (Mr. GREEN). something which the United States denunciation of Mr. Arafat. I remind should be speaking and upon which this all here I do not rise to defend Mr. Mr. GREEN of Texas. Mr. Speaker, I body should be speaking. Arafat, but he is the leader of the Pal- thank the gentleman for yielding me I have heard nothing in this debate estinian people. We have none other to this time. from the other side about what they do this and no assurance that his suc- Mr. Speaker, I have had the oppor- propose to do to bring about a real cessor will be more able or compliant. tunity to visit Israel and meet with the peace. Is the termination of the exist- Killings going on, and innocent peo- leaders and also meet with Chairman ence of Mr. Arafat as the head of the ple on both sides, Israelis, Palestinians Arafat both in 1995 and 1999. In the Palestinian Authority in the best in- and others, are being killed. I have times I was there and even up until terests of the United States? Will that heard great concern about the Israelis, last year, the United States was en- resolve the controversies? No, it will and I share that concern. What hap- gaged in the peace process to the point simply eliminate somebody who is a pened the other day is terrible, it is of putting the prestige of this country potential participant in meaningful criminal and indefensible. I have heard and the Presidency to try to bring peace talks, and one who with proper very little about what has transpired peace to Israel and the Palestinian support can provide useful leadership. with the Palestinians. And I have question. What we suggest here is to bring all heard even less of an awareness in this What happened, though, was that of the parties together and make them body. The failure of the United States Chairman Arafat walked away. What- talk. Let us use the full prestige and to address this matter vigorously and ever the reason, all of the reports from the power of United States to accom- to see to it that the root causes and the the United States is that he walked plish that purpose. That is far better. differences of the Israeli people and the away from a peace process. The Gov- Each day that passes means more risk people of the occupied territories are ernment of Israel changed in response of the kind of terrible crimes that we negotiated away is a real interest of to that; and, of course, now we have saw in the killing of scores of Israelis the United States which must be ad- been in the latest infatada with the and the wounding of many, many more. dressed. loss of lives on both sides.

VerDate 05-DEC-2001 02:59 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.087 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8877 I add my voice in support for this res- by the Israeli Defense Forces, and I er they have the force of law or not, olution because as we see the loss of in- could go on and on, all of which have which this, of course, does not. But nocent life in Israel it condemns ter- been accelerated over the past 14 to 15 they do send a message to the partici- rorism, whether it is on the street of months, but all of these events, both pants in the Middle East. New York, on the streets of Wash- sides should be just as equally deplored I have traveled the region enough, ington, or in Ben Yehuda in Jerusalem. by those concerned about human rights extensively, including less than 2 Our country is at war because of ter- abuses around the world, about fairness weeks ago, having met with Chairman rorism. We lost thousands of people be- and about peace. Every one of these at- Arafat, President Mubarak, the Prime cause of terrorism. Killing and injuring tacks should be condemned. Minister of Lebanon, President Assad innocent people should be stopped, and Some in the Israeli government obvi- of Syria; and I know that they get a it should be stopped whether it is ously very clearly by their own words wrong signal when we pass resolutions Washington, New York, or Jerusalem want to get Arafat. Some statements of this nature. or Tel Aviv. today have alluded very strongly to the So I say to my colleagues, let us Our friendship with Israel has not fact that we have got to get Arafat. truly get at the roots of terrorism. We even been considered. We have been a But such action, indeed such action as know the causes of hatred in this part friend of Israel for many years, and this resolution today and those that of the world. Secretary Powell said it that is strong. There is no way we can call for Arafat’s demise, will do zero, in his speech of November 19. The occu- condone or encourage or be silent in will do nothing to reach that just peace pation must end. The occupation must the loss of the innocent people that and may even exacerbate and take us end, the continued expansion and happened this last weekend. backward from achieving that just building of new settlements. That is I have an opportunity to walk the peace that we all want to achieve. confiscation of Palestinian land. streets of Jerusalem at the very spot Getting Arafat is no solution. Con- Mr. Speaker, I say to my colleagues, those bombs went off, and I think this tinued humiliation is no solution. This please understand, that is the root of the problem here. That is what we resolution is mild compared to what is the method of operation of bullies, should be addressing in this very good should be done. I am proud of this Con- not of those who want to return to the debate. And I commend all sides for gress and the President of the United peace process, to the negotiating table, conducting this debate today. But let States in condemning the terrorism, where, as any individual involved in us not ignore the true roots of the again whether it is here in our country negotiations knows, each party has to problem, if we indeed want to restart or anywhere in the world. give a little. There is a give and take in Mr. DINGELL. Mr. Speaker, I yield 7 the peace process. the negotiating process. Is that the Mr. ROHRABACHER. Mr. Speaker, minutes to the gentleman from West real fear here? will the gentleman yield? Virginia (Mr. RAHALL). The military option will not secure a Mr. RAHALL. I yield to the gen- Mr. RAHALL. Mr. Speaker, I thank peace in the Middle East. The military tleman from California. the gentleman from Michigan for yield- option will not work. No peace can be Mr. ROHRABACHER. Mr. Speaker, ing me this time and for his excellent achieved; and indeed, as I read through one of the issues that seems to be at leadership on the question before us this resolution, and there are good the heart of one of the discussions today. points in this resolution about con- going on here today is whether or not Mr. Speaker, I strongly condemn the demning terrorism, but I fail to find the terrorism which we are con- horror that was inflicted upon innocent the word ‘‘peace’’ mentioned once in demning in this resolution, which I Israeli men, women and children by this resolution. Peace. support wholeheartedly, is intentional, suicide bombers. I condemn that vio- b 1445 which we understand, but whether or lence at all times and all places. not those actions on the part of the I think it is important to note that Peace. Maybe I need to read it with- Israeli Government which result in the we can either oppose or vote present on out my glasses, but I have not found death of noncombatants, whether that this resolution today and still be con- the word ‘‘peace’’ mentioned once in is just collateral damage. sidered a supporter of the State of this resolution before us today. The gentleman has been in the Mid- Israel and a friend of Israel and a sup- Now, it is all good, or some of it is dle East many times and knows many porter of the long-standing relation- good, not all good, but some of it is of the players. From a firsthand point ship between the United States and good. Yes, prosecute such terrorists. of view, does the gentleman believe Israel, and do not let any outside group Provide them with the stiffest possible that the damage that is being done to in this town try to characterize Mem- punishment. Yes, ensure that they re- noncombatants by the Israeli army is bers in any other way, because it is main in custody. unintentional? possible. Well, my question is, the Israelis Mr. RAHALL. Mr. Speaker, reclaim- Secretary Powell said it best when he today are bombing all the Palestinian ing my time, the gentleman asks a phoned Chairman Arafat after the lat- police stations, their security oper- good question; and certainly in the est bombings and said this was an at- ations. Where is Arafat going to keep eyes of many in the region, those who tack upon Arafat’s authority as well as those he arrests, in the living room by suffer from this infliction of horror, an attack upon innocent men, women the fireplace in his home? So the their answer would be yes, that it is in- and children. I think that has been lost Israelis are making it impossible to tentional. That would be their re- today. In all of the demands that fulfill the demands that are being sponse. That is something we must un- Arafat must go, we have lost sight that placed upon Arafat in this resolution derstand from our perspective, if we these suicide bombers were indeed at- today. truly want to end the horror and the tacking Chairman Arafat himself. What if every demand in this resolu- violence that comes from all sides. In- As I condemn the horror of the past tion were met by 9 o’clock tomorrow deed, there is no side that is lily white weekend, I strongly condemn the hor- morning? Would that end terrorism? in the Middle East. Make no mistake ror that has been inflicted upon inno- Would we have peace? about it, we must truly look at the cent Palestinians, men, women and Indeed, I might announce to my col- causes of terrorism. children, carried out by the Israeli Oc- leagues, as we speak, an announcement Mr. LANTOS. Mr. Speaker, I yield cupation Forces, including, within the has been reached of a cease-fire, a 12- myself the balance of my time. last 2 weeks, five innocent Palestinian hour cease-fire, just announced be- Mr. Speaker, closing the debate on schoolboys killed in the Gaza refugee tween Chairman Arafat and the our side, there is no moral equivalence camp just within the last 2 weeks. Israelis; and he has until whatever the between terrorists and the victims of Such terror, such disproportionate use 12-hour expiration time is to arrest cer- terrorism. What this resolution does, of power and force, continued humilia- tain militants. So let us let the parties and I am proud to join the gentleman tion, demolition of homes and one’s work their will. from Illinois (Chairman HYDE) in being livelihood by destroying their crops on So, let us look at the consequences of the principal sponsor of this resolution, their own land, such daily restriction our actions here today, and, indeed, ac- what this resolution does is it ex- of one’s movements of the Palestinians tions of this body, regardless of wheth- presses the solidarity of the American

VerDate 05-DEC-2001 02:59 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.090 pfrm01 PsN: H05PT1 H8878 CONGRESSIONAL RECORD — HOUSE December 5, 2001 people who were victims of terrorism of that unfortunate area, and how we resolution which my resolution never on September 11 with the people of are to achieve it for all. was. He wants to head it in the direc- Israel who were victims again just this That is our interest. And that is what tion of a comprehensive peace in the past weekend. we should be addressing. We cannot Middle East, something that has eluded We want peace, but we will not get to gain anything by castigating or criti- some of the finest minds in the world peace as long as there is an attempt to cizing anyone here, or elsewhere. Our for hundreds of years, certainly since create a moral equivalence between a role must be that of an honest impar- 1948 with the founding of Israel. Many, corrupt dictatorship and its terrorist tial broker. We must travel the long many people, including the former tactics and the democratic ally of the and hard path for peace; and we must President of the United States, spent United States. start it now, not tomorrow, not some- hours and hours with the parties trying I urge all of my colleagues to vote for time in the future. And we must do it to get peace. Everybody is for peace; this resolution. by making the parties negotiate these but in the words of Patrick Henry, Mr. Speaker, I yield back the balance differences out themselves, so that ‘‘Peace, peace, there is no peace.’’ of my time. there can be contentment and peace So, I did not pretend, I was not arro- Mr. DINGELL. Mr. Speaker, I yield and security in Israel, but also in the gant enough to decide I would set out a myself 5 minutes. occupied territories; so no longer is formula for peace. If I could do that, I Mr. Speaker, it is hard to help my there frustration, hunger, unemploy- certainly would do it. All I am trying colleagues understand the defect of ment, misfortune in the occupied terri- to do is respond to the famous lines in this legislation, which is that it takes tories, and so no longer is there risk of Arthur Miller’s play, ‘‘Death of a sides. It does this in a way which does death and destruction in Israel. That is Salesman,’’ where Willie Loman’s wife, not need to be taken, in a fashion and what the interests of the United States Linda, says, ‘‘A man is dying. Atten- at a time when it is not in our National should be and calls upon us to do. We tion must be paid.’’ Attention must be interest. do not serve our country well if we fail paid to what is going on in Israel. I condemn terrorism, and I condemn to start this effort—Now! And with How would you like to be a mother, the killing of the innocent Israelis in great resolve. and every day wonder if your little girl Israel just recently, just as I do the The passing of a resolution of this going to school will come home with killing of thousands of Americans on kind simply shows the Arab people all her limbs, with her life? It is a hell- September 11. The roots of the events that the United States again is taking ish way to live. I simply was trying to were somewhat the same: frustration, sides in a confrontation. It is not in the call attention to the horror, the inde- anger, ill will, hatred, and all of the interests of this country to take sides. scribable horror of acts of terrorism, things that are generated by the kind It is in the interests of this country to and show solidarity as a co-victim of of situation that has gone on too long be an honest broker, who can be trust- horrible acts of terrorism. It is Amer- in the Middle East. ed by all of the parties there, because ican to put your arms around a fellow These are events which are not securing peace can only be done by the democracy and not turn your back on blameable on one person or another, efforts of the United States leading the them in their hour of need. That is and I do not believe that the blood of peace loving Nations of the world in a what we were doing. This simply says that when acts of the small Palestinian boy who died in great and difficult effort. The bombing terror occur, attention must be paid. It his father’s arms from Israeli gunfire is and killing by suicide bombers is not must be pointed out. We must shout any more pleasing in the eye of the al- going to get peace. The rockets and mighty God than is the death of the about it, we must make an example of missiles and helicopter attacks by the it, we must show the world the horror scores of Israelis who died the other Israelis are going to achieve nothing. day in Israel because of a terrorist of what is going on. And maybe, just Nor will suicide bombing by terrorists. maybe, one day we will all get so sick bomb. But those are really not the The only solution to this is negotia- questions that we should be addressing of it we will not tolerate it anymore. tions between the parties to resolve the The gentleman from Michigan sets here. issues. up a straw man. Not one word about I just want my colleagues to keep Why is it that my colleagues do not peace. Everything we do is about peace, this in mind: if the problems of the understand this simple fact. Why are and objecting to terrorism is about Mideast are to be resolved and if peace we not here talking about how we re- peace, and showing solidarity to the is to be achieved there, it is going to move the root causes of trouble and get Israeli people and to the Palestinian take an enormous effort by the United down to the business of bringing about people. States and by every other peace loving a real and lasting peace that benefits The next time, if any, there is an Nation. I would note to my colleagues all of the people of the area and bene- atrocity, an act of terror by the State that it is not done by attacking other fits the interests of the United States? of Israel, bring a resolution to the Members of this body because of their That is the question we should be ask- floor. We will debate it. We will debate concern, and it is not done by rejecting ing. it. But I have not heard one. I have not the opportunity to use different people Taking sides benefits us not at all, seen one. Bring it to the floor and let who are major players in that area. but getting lasting peace does. This is us debate it. If we are to succeed, we must call on not the way to get lasting peace. This Mr. RAHALL. Mr. Speaker, will the everyone, the Israeli leadership, Yasar is simply the way to alienate more peo- gentleman yield? Arafat, the Palestinians, the people of ple in the area and cause ourselves Mr. HYDE. I yield to the gentleman Israel, the people of the United States, more enemies, more trouble, more risk, from West Virginia. Lebanon and the countries like Jordan more peril, more killings, more misfor- Mr. RAHALL. Mr. Speaker, the gen- and Egypt, to help get their assistance tune for Israelis and Palestinians alike, tleman just mentioned the Palestinian in bringing about a viable, lasting and a longer time to achieve peace. people. I wonder if that was mentioned peace, negotiated between the parties. Mr. Speaker, I yield back the balance in the resolution, expressing the con- We will also need the help of other of my time. cern for their plight as well. I wonder if countries in Africa, Europe, Asia and Mr. HYDE. Mr. Speaker, I yield my- that was in the resolution and I hap- the two American continents. self the balance of my time. pened to overlook it. I see nothing of that kind in this res- The SPEAKER pro tempore (Mr. Mr. HYDE. Mr. Speaker, reclaiming olution. This resolution, as the gen- OTTER). The gentleman from Illinois is my time, the Palestinian involvement tleman from West Virginia mentioned, recognized for 31⁄2 minutes. in the atrocity of last Saturday is men- does not even use the word ‘‘peace.’’ Mr. HYDE. Mr. Speaker, well, this tioned, because this focuses on what This is what we should be talking has been a stimulating debate, and it happened in Jerusalem, when 26 women about if we are really interested in has been educational. I would like to and children and men were killed and serving the best interests of the United respond as much as I can to some of 1,200 were injured. That is what we are States. Peace, peace in the Middle the critics of the resolution. talking about. East, peace with dignity and honor and My good friend, the gentleman from Mr. Speaker, support our expression respect, for and from all of the parties Michigan (Mr. DINGELL), describes a of solidarity with the victims of this

VerDate 05-DEC-2001 00:29 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.092 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8879 horrible act of terrorism. Support the doing so, he has turned the Palestinian Au- Now we know; now we understand. As resolution. thority into nothing short of the Taliban. Americans, we know. We see the people run- Mr. DINGELL. Mr. Speaker, I ask The horrific events of September 11 have ning down the street in panic and it looks all unanimous consent that the gentleman tragically brought home to all Americans the too familiar. Now we know. from Illinois (Mr. HYDE) be granted 2 terrorism that Israel has long been suffering. We hear the sirens and see the dead and additional minutes, because the gen- Our solidarity has never been stronger or injured, and as much as thought we knew, tleman mentioned me and I would like more important. now we know. to have his attention on that matter. Now more than ever, we must renew the We sometimes joked about Israelis and their The SPEAKER pro tempore. Is there common purpose, strategic goals and demo- cell phone, and now we know how it must feel objection to the request of the gen- cratic ideals that are the cement of strong to wait for the call from your teenager who is tleman from Michigan? U.S.-Israel relations. We must join together out for the evening with friends saying, ‘‘Mom, There was no objection. with Israel in defending our citizens, our val- I’m OK,’’ or just waiting for that call. Mr. DINGELL. Mr. Speaker, will the ues, and our future from the shadow of ter- We now know the rage and frustrations of gentleman yield? rorism. being attacked by those who prefer to die than Mr. HYDE. I yield to the gentleman That is why this resolution determines that live, and who plot and scheme to take inno- from Michigan. the United States should break off all diplo- cent life with them. We now know the courage and determina- b 1500 matic relations with the Palestinian Authority unless immediate action is taken to destroy tion it takes to ‘‘just live your life’’ when ‘‘just Mr. DINGELL. Mr. Speaker, I do not the Palestinian terrorist network and arrest the going shopping, out to eat or riding the bus propose to rebut what my dear and val- perpetrators of these terrorist crimes. can be life threatening. ued friend has said about me. I do not Yasser Arafat must be held accountable, And while hopefully we will not know what remember setting up a straw man, but and there is no reason to contemplate the cre- it is like to live for half a century and more on I would like to say the gentleman has ation of a Palestinian state unless he can constant high alert, we understand better now mentioned H. Con. Res. 253 which I demonstrate that the terrorism will end. So far intolerable that must be. sponsored earlier and with which the he has been unwilling to achieve this for even And now that it happened to here, in a gentleman has suggested a great deal seven days, giving neither Israel nor the place many believed was immune to such an of sympathy. I wonder if maybe the United States reason to be confident that he attack, we know that terrorists must be an- committee could bring that proposal to has the will or ability to do so permanently. swered, and those who harbor or support ter- the floor. It is a fair and even-handed But one thing is certain—Israel as a sov- rorists must be held accountable. statement. It is supported by the ad- ereign nation has the right to take all meas- And we know, as we pray for peace, leave ministration. It urges that the United ures necessary to defend its citizens, and it is space for peace, continue to work for the mir- States have as its policy the carrying in the interest of the United States to support acle of peace in this holiday season, we know forward of the Mitchell report. Why is its ability to do so. that we must defend ourselves and our chil- it that we cannot have something like Now is the time for us to pressure Yasser dren. that before us? Arafat to crush the terrorist networks within his And we know, as Americans who love Mr. HYDE. Mr. Speaker, I have no grasp, and urge all civilized nations of the Israel, that as people, as a community, and as idea. If the staff will bring it to my at- world to abandon the ongoing efforts by Arab nations we must be united more than ever be- tention, we will give it the most care- and Islamic states to isolate Israel in this time fore in defense of that tiny and precious plot ful scrutiny. The gentleman from Cali- of crisis. of land, surrounded day in and day out by ha- fornia (Mr. LANTOS) and I will do it to- Just hours ago in Geneva, an international tred and danger, where our brothers and sis- gether. conference convened to condemn Israel for ters want only one thing, and that is to live in Mr. DINGELL. Mr. Speaker, I would violations of the Fourth Geneva Convention, peace and freedom. be delighted to have the gentleman which was adopted in response to Nazi atroc- I commend the gentleman from Illinois (Mr. from Illinois (Mr. HYDE) and the gen- ities during the Holocaust. The agenda in- HYDE) and the gentleman from California (Mr. tleman from California (Mr. LANTOS) cluded biased determinations on the final sta- LANTOS) for introducing this important measure put that bill on the floor so that per- tus of Jerusalem, Palestinian refugees, and and I urge all of my colleagues to support it. haps we could be together on some- the imposition of a United Nations observer Mr. CRANE. Mr. Speaker, I rise today in thing that is in the interest of the force. support of H. Con. Res. 280. Like the recent United States. Only yesterday, the U.N. General Assembly attacks on our country, the terrorist bombings Mr. HYDE. Mr. Speaker, it would overwhelming voted for resolutions advocating in Israel are horrific. Once again innocent civil- also be a pleasure to be with the gen- the creation of a Palestinian state, Israeli with- ians have been brutally murdered by terrorists. tleman from Michigan (Mr. DINGELL). drawal from the Golan Heights, and rejecting Israel is a democracy under siege. As the Mr. WAXMAN. I rise in strong support for H. Jerusalem’s status as the capital of Israel as world’s leading democracy the United States Con. Res. 280 and join my colleagues in con- ‘‘illegal and therefore null and void.’’ cannot, in good conscience, stand idly by demning Yasser Arafat and the Palestinian These one-sided determinations are irre- while a democratic ally is being brutally at- terrorists responsible for the massacre of inno- sponsible and counterproductive. They dev- tached by evildoers. cent Israeli civilians. astate the constructive role the international For too long the Palestinian Authority has In the past six months alone, Hamas suicide community could play in ending the violence preached peace while terrorists use its terri- bombers have murdered teenagers at the dis- and terrorism that have taken so many Amer- tory as a safe haven. Even after President cotheque in Tel Aviv, commuters on a rush ican and Israeli lives. Bush endorsed the idea of a Palestinian state hour bus ride in Haifa, pedestrians at a busy I commend the Administration for staunchly the attacks continued. If the Palestinian Au- intersection in Afula, families eating lunch at a opposing these forums, and I applaud its ac- thority wants to be a government it must act pizza store in Jerusalem, and a street filled tions yesterday to freeze the assets of the like one by stopping these suicide bombings with young Israelis and Americans out for a charities and banks raising funds in the United from being planned and launched from its ter- Saturday night in the heart of the nation’s cap- States to support the terrorist activities Hamas ritory. The Palestinian Authority’s leader, ital. and other Palestinian groups. Yasser Arafat, has condemned the attacks. On a daily basis, the Tanzim and Force 17, Today we must do more. We must pass H. But he has done so before and the attacks Yasser Arafat’s Fatah paramilitary forces, Con. Res. 280 and let Yasser Arafat and the against Israel continue. Chairman Arafat must shoot at Israeli motorists on their way to work, Palestinian terrorist organizations know that do more than offer sympathetic remarks. I ap- school, or returning to their homes. there is a line that separates outlaws from the plaud and support President Bush’s response Instead of arresting, prosecuting, and out- rest of civilized society and they have crossed and hope that Chairman Arafat’s actions will lawing these terrorists, Yasser Arafat has de- it. back up his words and stop these attacks. liberately given them free reign, safe harbor, Ms. SCHAKOWSKY. Mr. Speaker, I rise in Mr. FORBES. Mr. Speaker, I rise in strong and license to organize and carry out heinous strong support of House Concurrent Resolu- support of H. Con. Res. 280, which extends attacks. Instead of condemning anti-Israel in- tion 280, and urge all members to vote in sup- our deepest sympathies to the people of Israel citement in Palestinian media, schools, and port of this measure that expresses our soli- for the recent string of deadly terrorist attacks mosques, he has contributed the free flow of darity with the people of Israel at this difficult in their nation and expresses our sense of sol- hatred that seeks to legitimize violence. And in time. idarity with them in this difficult time.

VerDate 05-DEC-2001 02:59 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K05DE7.094 pfrm01 PsN: H05PT1 H8880 CONGRESSIONAL RECORD — HOUSE December 5, 2001 The people of Israel have long had to live resting those involved in terrorist activities. As ther proceedings were postponed yes- with terror on their street, and the world has the leader of the Palestinian people, Yasser terday and earlier today. largely stood by and felt great sympathy but Arafat must utilize his power to reign in the ex- Votes will be taken in the following little need to act upon it. But these attacks traneous terrorist factions that continue to lash order: come at a time of heightened awareness out at innocent Israeli civilians. H. Res. 298, by the yeas and nays; around the globe of the necessary of riding This resolution, H. Con. Res. 280, holds H. Con. Res. 232, by the yeas and our communities of the evil face of terrorism. Arafat responsible for the actions of all his nays; and Peaceful people have been made prisoners in people, including Palestinian terrorists. It ex- H. Con. Res. 280, by the yeas and their own communities by those who give no presses the United States’ solidarity with Israel nays. thought to the deadly consequences of their during this difficult and emotional time. Now, The Chair will reduce to 5 minutes actions and who spread venomous hatred for more than ever, we must stand strong with our the time for any electronic vote after their fellow man. democratic allies to fight terrorist groups the first such vote in this series. On September 11th, those free and peace- worldwide. f ful people said with one resounding voice that Ms. KILPATRICK. Mr. Speaker, today, I they would no longer allow that kind of evil to voted ‘‘present’’ on this Concurrent Resolution EXPRESSING SENSE OF HOUSE OF destroy our world. because it is my belief that the United States REPRESENTATIVES THAT VET- The war against terrorism is not America’s through the House of Representatives should ERANS DAY CONTINUES TO BE war alone. It is a fight that we lead for free- remain a fair and honest broker in the Middle OBSERVED ON NOVEMBER 11 dom-loving people everywhere. Though there East. At a time when hostilities in the Middle The SPEAKER pro tempore. The un- may be fewer dead and less extensive dam- East are escalating and all parties are looking finished business is the question of sus- age, the horrific attacks that occurred over a to American officials to negotiate a fair and pending the rules and agreeing to the 14-hour period this weekend in Israel are no equitable solution, I believe that this Resolu- resolution, H. Res. 298. less atrocious than the attacks our nation suf- tion is ill timed and diminishes the credibility of The Clerk read the title of the resolu- fered on September 11th. The mothers and fa- the negotiation process. It is imperative that all tion. thers who lost their children in each of those steps we take in this House secure our posi- The SPEAKER pro tempore. The attacks cry the same tears and feel the same tion as an impartial broker in the Middle East question is on the motion offered by pain. and this measure does not do this. the gentlewoman from Maryland (Mrs. We, as a nation, must stand beside our Make no mistake. I stand against terrorism MORELLA) that the House suspend the friend, Israel, in this time of need and support and the killing of innocent civilians such as rules and agree to the resolution, H. her in the fight to provide a prosperous, those that occurred in Israel this past week- Res. 298, on which the yeas and nays peaceful, and secure future for her people. I end. I condemn them wholeheartedly. Both are ordered. urge my colleagues to support Israel by sup- sides in the conflict, however, have the blood The vote was taken by electronic de- porting this resolution. of innocents on their hands. Both sides in this vice, and there were—yeas 415, nays 0, Mrs. MCCARTHY of New York. Mr. Speak- conflict must make extraordinary and con- not voting 18, as follows: er. I rise in support of H. Con. Res. 280, of certed efforts to come to the negotiating table [Roll No. 472] which I am a cosponsor. and resolve the problems of the region. I sup- YEAS—415 On Saturday, December 1st, suicide bomb- port the findings of the Mitchell-Tenet Com- ers killed 10 teenage Israelis and wounded mission, which recommended that Congress Abercrombie Calvert Dreier Ackerman Camp Duncan more than 150 others in downtown Jerusalem. not approve such resolutions. I regret that Aderholt Cannon Dunn On Sunday morning, just 14 hours after the Congress is ignoring that recommendation. By Akin Cantor Edwards first horrific attack, a suicide bomber boarded doing so, the action of this chamber only Allen Capito Ehlers a local bus route in the northern port city of Andrews Capps Ehrlich serves to prolong the hostilities in that region Armey Capuano Emerson Haifa, killing 15 and wounding 35. The victims and discourages both sides from engaging in Baca Cardin Engel of these attacks range in age from 14 to 75; the negotiation process. I strongly urge the Bachus Carson (IN) English they include students, senior citizens, and a parties to cease hostilities and do all they can Baird Carson (OK) Eshoo Baker Castle Etheridge Filipino nanny. The terrorist organization to move forward with the Mitchell-Tenet rec- Baldacci Chabot Evans Hamas claimed responsibility for their cow- ommendations. Baldwin Chambliss Everett ardly attacks. Mr. Speaker, I yield back the balance Ballenger Clay Farr Since September 11th, international atten- Barcia Clayton Fattah of my time. Barr Clement Ferguson tion has been deflected from the everyday The SPEAKER pro tempore (Mr. Barrett Clyburn Filner acts of violence in Israel to the United States’ OTTER). The question is on the motion Bartlett Coble Flake war on terrorism. Recently President Bush offered by the gentleman from Illinois Barton Collins Fletcher brought the Arab-Israeli conflict back under Bass Combest Foley (Mr. HYDE) that the House suspend the Becerra Condit Forbes public purview by sending U.S. peace envoy rules and agree to the concurrent reso- Bentsen Conyers Ford General Anthony Zinni to the region to pro- lution H. Con. Res. 280. Bereuter Cooksey Fossella mote a cease-fire and possible resumption of The question was taken. Berkley Costello Frank Berman Cox Frelinghuysen peace talks. The SPEAKER pro tempore. In the Berry Coyne Frost When Palestinian terrorists killed 26 and opinion of the Chair, two-thirds of Biggert Cramer Gallegly wounded 175 Israelis within a matter of 24 those present have voted in the affirm- Bilirakis Crane Ganske hours, Palestinian Authority Chairman Arafat’s Bishop Crenshaw Gekas ative. Blagojevich Crowley Gephardt commitment to find and prosecute terrorists Mr. LANTOS. Mr. Speaker, on that I Blumenauer Culberson Gibbons was called into question, and Israel subse- demand the yeas and nays. Blunt Cummings Gilchrest quently launched its own war against ter- The yeas and nays were ordered. Boehlert Cunningham Gillmor Boehner Davis (CA) Gilman rorism. Twenty-four hours after the suicide The SPEAKER pro tempore. Pursu- Bonilla Davis (FL) Gonzalez bombing in Haifa, and 36 hours after the ant to clause 8 of rule XX and the Bonior Davis (IL) Goode bombings in Jerusalem, Israel retaliated Chair’s prior announcement, further Bono Davis, Jo Ann Goodlatte against the Palestinian Authority by bombing proceedings on this motion will be Boozman Davis, Tom Gordon Borski Deal Goss chairman Yasser Arafat’s headquarters in postponed. Boswell DeGette Graham Gaza Strip, and police buildings in the West f Boucher Delahunt Granger Bank town of Jenin. Boyd DeLauro Graves I rise in agreement with Prime Minister ANNOUNCEMENT BY THE SPEAKER Brady (PA) DeLay Green (TX) PRO TEMPORE Brady (TX) DeMint Green (WI) Sharon and President Bush. As the chairman Brown (FL) Deutsch Greenwood of the Palestinian Authority, Yasser Arafat has The SPEAKER pro tempore. Debate Brown (OH) Diaz-Balart Grucci on more than one occasion voiced his commit- has concluded on all motions to sus- Brown (SC) Dicks Gutknecht Bryant Dingell Hall (OH) ment to peace, and his desire to fight ter- pend the rules. Burr Doggett Hall (TX) rorism. Yet words alone are not enough; they Pursuant to clause 8, rule XX, the Burton Dooley Hansen necessitate action. Yasser Arafat must take an Chair will now put the question on mo- Buyer Doolittle Harman active and responsible role in tracking and ar- tions to suspend the rules on which fur- Callahan Doyle Hart

VerDate 05-DEC-2001 02:59 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.023 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8881 Hastings (FL) McCrery Sawyer b 1529 (3) a memorial plaque to these victims Hastings (WA) McDermott Saxton So (two-thirds having voted in favor should be placed on the grounds of the Cap- Hayworth McGovern Schaffer itol, and a copy of the wording of the plaque, Hefley McHugh Schakowsky thereof) the rules were suspended and Schiff together with a copy of this resolution from Herger McInnis the resolution was agreed to. the Congressional Record, should be sent to Hill McIntyre Schrock Scott The result of the vote was announced a designated survivor of each victim. Hilleary McKeon as above recorded. Hilliard McKinney Sensenbrenner Mr. MICA (during the reading). Mr. Serrano Hinchey McNulty A motion to reconsider was laid on Sessions Speaker, I ask unanimous consent that Hinojosa Meeks (NY) the table. Shadegg the amendment be considered as read Hobson Menendez Shaw f Hoeffel Mica and printed in the RECORD. Shays EXPRESSING SENSE OF CONGRESS Hoekstra Millender- Sherman The SPEAKER pro tempore. Is there Holden McDonald Sherwood IN HONORING THE CREW AND objection to the request of the gen- Holt Miller, Dan Shimkus PASSENGERS OF UNITED AIR- tleman from Florida? Honda Miller, Gary Shows LINES FLIGHT 93 There was no objection. Hooley Miller, George Shuster Horn Miller, Jeff Simmons AMENDMENT OFFERED BY MR. MICA The SPEAKER pro tempore. Is there Houghton Mink Simpson Mr. MICA. Mr. Speaker, I ask unani- objection to the original request of the Hoyer Mollohan Skeen mous consent that the text of House gentleman from Florida? Hulshof Moore Skelton There was no objection. Hunter Moran (KS) Slaughter Concurrent Resolution 232, as proposed Hyde Moran (VA) Smith (MI) to be adopted under suspension of the The SPEAKER pro tempore. The Inslee Morella Smith (NJ) rules, be modified by the amendment pending business is the question of sus- Isakson Murtha Smith (TX) that I have placed at the desk. pending the rules and agreeing to the Israel Myrick Smith (WA) Snyder The SPEAKER pro tempore (Mr. concurrent resolution, H. Con. Res. 232, Issa Nadler Solis OTTER). The Clerk will report the as amended. Istook Napolitano Souder Jackson (IL) Neal amendment. The Clerk read the title of the con- Spratt The Clerk read as follows: Jackson-Lee Nethercutt Stark current resolution. (TX) Northup Stearns Amendment offered by Mr. MICA: The SPEAKER pro tempore. The Jefferson Norwood Stenholm Whereas on September 11, 2001, acts of war question is on the motion offered by Jenkins Nussle were committed against the United States, Strickland the gentleman from Florida (Mr. MICA) John Oberstar Stump killing and injuring thousands of innocent Johnson (CT) Obey Stupak people; that the House suspend the rules and Johnson (IL) Olver Sununu Whereas these attacks were directed at the agree to the concurrent resolution, H. Johnson, E. B. Ortiz Sweeney World Trade Center in New York, New York, Con. Res. 232, as amended, on which the Jones (NC) Osborne Tancredo Jones (OH) Ose Tanner and the Pentagon in Washington, D.C., which yeas and nays are ordered. Kanjorski Otter Tauscher are symbols of the Nation’s economic and The vote was taken by electronic de- Kaptur Owens Tauzin military strength; vice, and there were—yeas 415, nays 0, Keller Oxley Taylor (MS) Whereas United Airlines Flight 93 was hi- not voting 18, as follows: Kelly Pallone Taylor (NC) jacked by terrorists as part of these attacks; Kennedy (MN) Pascrell Terry Whereas while Flight 93 was still in the [Roll No. 473] Kennedy (RI) Pastor Thomas air, passengers and crew, through cellular YEAS—415 Thompson (CA) Kerns Paul phone conversations with loved ones on the Abercrombie Calvert Dreier Kildee Payne Thompson (MS) Thornberry ground, learned that other hijacked air- Ackerman Camp Duncan Kilpatrick Pelosi planes had been used in these attacks; Aderholt Cannon Dunn Kind (WI) Pence Thune Thurman Whereas during these phone conversations Akin Cantor Edwards King (NY) Peterson (MN) Tiahrt several of the passengers indicated that Allen Capito Ehlers Kirk Peterson (PA) Tiberi Andrews Capps Ehrlich Kleczka Petri there was an agreement among the pas- Tierney Armey Capuano Emerson Knollenberg Phelps sengers and crew to try to overpower the hi- Baca Cardin Engel Toomey jackers who had taken over the aircraft; Kolbe Pickering Towns Bachus Carson (IN) English LaFalce Pitts Traficant Whereas it is believed that it was this ef- Baird Carson (OK) Eshoo LaHood Platts Turner fort to overpower the hijackers that caused Baker Castle Etheridge Lampson Pombo Udall (CO) Flight 93 to crash in southwestern Pennsyl- Baldacci Chabot Evans Langevin Pomeroy Udall (NM) vania, short of what is believed to have been Baldwin Chambliss Everett Lantos Portman Upton its intended target: Washington, D.C.; and Ballenger Clay Farr Largent Price (NC) Velazquez Barcia Clayton Fattah Whereas the crash resulted in the death of Barr Clement Ferguson Larsen (WA) Pryce (OH) Visclosky everyone on board the aircraft: Now, there- Larson (CT) Putnam Vitter Barrett Clyburn Filner Latham Radanovich Walden fore, be it Bartlett Coble Flake Leach Rahall Walsh Resolved by the House of Representatives (the Barton Collins Fletcher Lee Ramstad Wamp Senate concurring), That it is the sense of the Bass Combest Foley Becerra Condit Forbes Levin Rangel Waters Congress that— Bentsen Conyers Ford Lewis (CA) Regula Watkins (OK) (1) on September 11, 2001, the passengers Bereuter Cooksey Fossella Lewis (GA) Rehberg Watson (CA) and crew of hijacked United Airlines Flight Berkley Costello Frank Lewis (KY) Reynolds Watt (NC) 93 possibly averted the use of that aircraft in Berman Cox Frelinghuysen Linder Riley Watts (OK) a further terrorist attack on the United Waxman Berry Coyne Frost Lipinski Rivers States by attempting to overpower the hi- Biggert Cramer Gallegly LoBiondo Rodriguez Weiner Weldon (FL) jackers; Bilirakis Crane Ganske Lofgren Roemer Weldon (PA) (2) the United States owes its deepest grat- Bishop Crenshaw Gekas Lowey Rogers (KY) Weller itude to the passengers and crew of Flight 93, Blagojevich Crowley Gephardt Lucas (KY) Rogers (MI) Wexler and extends its condolences to the families Blumenauer Culberson Gibbons Lucas (OK) Rohrabacher Whitfield Blunt Cummings Gilchrest Luther Ros-Lehtinen and friends of Captain Jason Dahl, First Offi- Boehlert Cunningham Gillmor Wicker cer Leroy Homer, flight attendants Lorraine Lynch Ross Wilson Boehner Davis (CA) Gilman Maloney (CT) Rothman Wolf G. Bay, Sandra W. Bradshaw, Wanda A. Bonilla Davis (FL) Gonzalez Maloney (NY) Roybal-Allard Woolsey Green, Ceecee Lyles, Deborah A. Welsh, and Bonior Davis (IL) Goode Manzullo Royce Wu passengers Christian Adams, Todd Beamer, Bono Davis, Jo Ann Goodlatte Mascara Rush Wynn Alan Beaven, Mark Bingham, Deora Bodley, Boozman Davis, Tom Goss Matheson Ryan (WI) Young (FL) Thomas Burnett, William Cashman, Borski Deal Graham Matsui Ryun (KS) Boswell DeGette Granger Georgine Corrigan, Patricia Cushing, Joseph Boucher Delahunt Graves McCarthy (MO) Sabo Deluca, Patrick Driscoll, Edward Felt, Jane McCarthy (NY) Sanders Boyd DeLauro Green (TX) C. Folger, Colleen Fraser, Andrew Garcia, McCollum Sandlin Brady (PA) DeLay Green (WI) Jeremy Glick, Kristin Gould, Lauren Brady (TX) DeMint Greenwood NOT VOTING—18 Grandcolas, Donald Greene, Linda Gronlund, Brown (FL) Deutsch Grucci Richard Guadagno, Toshiya Kuge, Hilda Brown (OH) Diaz-Balart Gutknecht Cubin Kingston Ney Marcin, Waleska Martinez, Nicole Miller, Brown (SC) Dicks Hall (OH) DeFazio Kucinich Quinn Bryant Dingell Hall (TX) Gutierrez LaTourette Reyes Louis J. Nacke, Donald Peterson, Jean Pe- Burr Doggett Hansen Hayes Markey Roukema terson, Mark Rothenberg, Christine Snyder, Burton Dooley Harman Hostettler Meehan Sanchez John Talignani, and Honor Elizabeth Wainio; Buyer Doolittle Hart Johnson, Sam Meek (FL) Young (AK) and Callahan Doyle Hastings (FL)

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.029 pfrm01 PsN: H05PT1 H8882 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Hastings (WA) McCollum Sawyer So (two-thirds having voted in favor Jackson-Lee Miller, Jeff Shadegg Hayworth McCrery Saxton (TX) Mollohan Shaw Hefley McDermott Schaffer thereof) the rules were suspended and Jefferson Moore Shays Herger McGovern Schakowsky the concurrent resolution, as amended, Jenkins Moran (KS) Sherman Hill McHugh Schiff was agreed to. John Moran (VA) Sherwood Hilleary McInnis Schrock The result of the vote was announced Johnson (CT) Morella Shimkus Hilliard McIntyre Scott Johnson (IL) Murtha Shows Hinchey McKeon Sensenbrenner as above recorded. Jones (NC) Myrick Shuster Hinojosa McKinney Serrano A motion to reconsider was laid on Jones (OH) Nadler Simmons Hobson McNulty Sessions the table. Kanjorski Napolitano Simpson Hoeffel Meeks (NY) Shadegg Keller Neal Skeen Hoekstra Menendez Shaw f Kelly Nethercutt Skelton Holden Mica Shays Kennedy (MN) Northup Slaughter Holt Millender- Sherman Kennedy (RI) Norwood Smith (MI) Honda McDonald Sherwood EXPRESSING SOLIDARITY WITH Kerns Nussle Smith (NJ) Hooley Miller, Dan Shimkus ISRAEL IN THE FIGHT AGAINST Kildee Oberstar Smith (TX) Horn Miller, Gary Shows TERRORISM Kind (WI) Olver Smith (WA) Houghton Miller, George Shuster King (NY) Ortiz Solis Hoyer Miller, Jeff Simmons The SPEAKER pro tempore. The Kirk Osborne Souder Hulshof Mink Simpson pending business is the question of sus- Kleczka Ose Spratt Hunter Mollohan Skeen pending the rules and agreeing to the Knollenberg Otter Stearns Hyde Moore Skelton Kolbe Owens Stenholm Inslee Moran (KS) Slaughter concurrent resolution, H. Con. Res. 280. Kucinich Oxley Strickland Isakson Moran (VA) Smith (MI) The Clerk read the title of the con- LaFalce Pallone Stump Israel Morella Smith (NJ) current resolution. LaHood Pascrell Stupak Issa Murtha Smith (TX) Lampson Pastor Sununu Istook Myrick Smith (WA) The SPEAKER pro tempore. The Langevin Pelosi Sweeney Jackson (IL) Nadler Snyder question is on the motion offered by Lantos Pence Tancredo Jackson-Lee Napolitano Solis the gentleman from Illinois (Mr. HYDE) Largent Peterson (MN) Tanner (TX) Neal Souder that the House suspend the rules and Larsen (WA) Peterson (PA) Tauscher Jefferson Nethercutt Spratt Larson (CT) Petri Tauzin Jenkins Northup Stark agree to the concurrent resolution, H. Latham Phelps Taylor (MS) John Norwood Stearns Con. Res. 280, on which the yeas and LaTourette Pickering Taylor (NC) Johnson (CT) Nussle Stenholm nays are ordered. Leach Pitts Terry Johnson (IL) Oberstar Strickland Levin Platts Thomas Johnson, E. B. Obey Stump The vote was taken by electronic de- Lewis (CA) Pombo Thompson (CA) Jones (NC) Olver Stupak vice, and there were—yeas 384, nays 11, Lewis (GA) Pomeroy Thornberry Jones (OH) Ortiz Sununu answered ‘‘present’’ 21, not voting 17, Lewis (KY) Portman Thune Kanjorski Osborne Sweeney as follows: Linder Price (NC) Thurman Kaptur Ose Tancredo Lipinski Pryce (OH) Tiahrt Keller Otter Tanner [Roll No. 474] LoBiondo Putnam Tiberi Kelly Owens Tauscher YEAS—384 Lofgren Radanovich Tierney Kennedy (MN) Oxley Tauzin Lowey Ramstad Toomey Kennedy (RI) Pallone Taylor (MS) Ackerman Castle Fossella Lucas (KY) Rangel Towns Kerns Pascrell Taylor (NC) Aderholt Chabot Frank Lucas (OK) Regula Traficant Kildee Paul Terry Akin Chambliss Frelinghuysen Luther Rehberg Turner Kilpatrick Payne Thomas Allen Clement Frost Lynch Reynolds Udall (CO) Kind (WI) Pelosi Thompson (CA) Andrews Clyburn Gallegly Maloney (CT) Riley Udall (NM) King (NY) Pence Thompson (MS) Armey Coble Ganske Maloney (NY) Rivers Upton Kirk Peterson (MN) Thornberry Baca Collins Gekas Manzullo Rodriguez Velazquez Kleczka Peterson (PA) Thune Bachus Combest Gephardt Mascara Roemer Visclosky Knollenberg Petri Thurman Baird Condit Gibbons Matheson Rogers (KY) Vitter Kolbe Phelps Tiahrt Baker Cooksey Gilchrest Matsui Rogers (MI) Walden Kucinich Pickering Tiberi Baldacci Costello Gillmor McCarthy (MO) Rohrabacher Walsh LaFalce Pitts Tierney Baldwin Cox Gilman McCarthy (NY) Ros-Lehtinen Wamp LaHood Platts Toomey Ballenger Coyne Gonzalez McCollum Ross Watkins (OK) Lampson Pombo Towns Barcia Cramer Goode McCrery Rothman Watson (CA) Langevin Pomeroy Traficant Barrett Crane Goodlatte McDermott Royce Watts (OK) Barton Crenshaw Lantos Portman Turner Gordon McGovern Ryan (WI) Waxman Bass Crowley Largent Price (NC) Udall (CO) Goss McHugh Ryun (KS) Weiner Becerra Culberson Larsen (WA) Pryce (OH) Udall (NM) Graham McInnis Sabo Weldon (FL) Bentsen Cummings Larson (CT) Putnam Upton Granger McIntyre Sandlin Weldon (PA) Bereuter Cunningham Latham Radanovich Velazquez Graves McKeon Sawyer Weller Berkley Davis (CA) LaTourette Rahall Visclosky Green (TX) McNulty Saxton Wexler Berman Davis (FL) Leach Ramstad Vitter Green (WI) Meeks (NY) Schaffer Whitfield Berry Davis, Jo Ann Lee Rangel Walden Greenwood Menendez Schakowsky Wicker Biggert Davis, Tom Levin Regula Walsh Grucci Mica Schiff Wilson Bilirakis DeGette Lewis (CA) Rehberg Wamp Gutknecht Millender- Schrock Wolf Lewis (GA) Reynolds Waters Bishop Delahunt McDonald Scott Woolsey Blagojevich DeLauro Hall (OH) Lewis (KY) Riley Watkins (OK) Hall (TX) Miller, Dan Sensenbrenner Wu Linder Rivers Watson (CA) Blumenauer DeLay Miller, Gary Serrano Wynn Blunt DeMint Hansen Lipinski Rodriguez Watt (NC) Harman Miller, George Sessions Young (FL) LoBiondo Roemer Watts (OK) Boehlert Deutsch Boehner Diaz-Balart Hart NAYS—11 Lofgren Rogers (KY) Waxman Hastings (FL) Lowey Rogers (MI) Weiner Bonilla Dicks Abercrombie Jackson (IL) Rahall Bono Doggett Hastings (WA) Lucas (KY) Rohrabacher Weldon (FL) Hayworth Dingell McKinney Rush Lucas (OK) Ros-Lehtinen Weldon (PA) Boozman Dooley Hilliard Mink Thompson (MS) Borski Doolittle Hefley Luther Ross Weller Herger Hinchey Paul Lynch Boswell Doyle Rothman Wexler Hill Maloney (CT) Roybal-Allard Whitfield Boyd Dreier ANSWERED ‘‘PRESENT’’—21 Hilleary Maloney (NY) Royce Wicker Brady (PA) Duncan Hinojosa Barr Davis (IL) Payne Manzullo Rush Wilson Brady (TX) Dunn Hobson Bartlett Deal Roybal-Allard Mascara Ryan (WI) Wolf Brown (FL) Edwards Bonior Ehlers Sanders Hoeffel Matheson Ryun (KS) Woolsey Brown (OH) Ehrlich Boucher Johnson, E. B. Snyder Hoekstra Matsui Sabo Wu Brown (SC) Emerson Clay Kaptur Stark Holden McCarthy (MO) Sanders Wynn Bryant Engel Clayton Kilpatrick Waters Holt McCarthy (NY) Sandlin Young (FL) Burr English Conyers Lee Watt (NC) Burton Eshoo Honda NOT VOTING—18 Buyer Etheridge Hooley NOT VOTING—17 Horn Cubin Johnson, Sam Pastor Callahan Evans Cubin Kingston Quinn Houghton DeFazio Kingston Quinn Calvert Everett DeFazio Markey Reyes Hoyer Gordon Markey Reyes Camp Farr Gutierrez Meehan Roukema Hulshof Gutierrez Meehan Roukema Cannon Fattah Hayes Meek (FL) Sanchez Hunter Hayes Meek (FL) Sanchez Cantor Ferguson Hostettler Ney Young (AK) Hyde Hostettler Ney Young (AK) Capito Filner Johnson, Sam Obey Capps Flake Inslee b 1540 Capuano Fletcher Isakson b 1550 Cardin Foley Israel Mr. BONIOR changed his vote from Carson (IN) Forbes Issa Mr. STARK changed his vote from ‘‘present’’ to ‘‘yea’’. Carson (OK) Ford Istook ‘‘yea’’ to ‘‘present.’’

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.033 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8883 So (two-thirds having voted in favor Lee Petri Snyder The result of the vote was announced Levin Pickering Solis thereof) the rules were suspended and Lewis (CA) Platts Souder as above recorded. the concurrent resolution was agreed Lewis (KY) Pombo Spratt A motion to reconsider was laid on to. LoBiondo Pomeroy Stark the table. The result of the vote was announced Lofgren Portman Stearns Lowey Price (NC) Stenholm f as above recorded. Lucas (KY) Pryce (OH) Stump SPECIAL ORDERS A motion to reconsider was laid on Lucas (OK) Putnam Sununu the table. Luther Radanovich Sweeney The SPEAKER pro tempore (Mr. Maloney (NY) Rahall Tancredo PENCE). Under the Speaker’s an- f Manzullo Ramstad Tanner Mascara Rangel Tauscher nounced policy of January 3, 2001, and Matheson Regula Tauzin under a previous order of the House, HOUR OF MEETING ON THURSDAY, Matsui Rehberg Taylor (MS) DECEMBER 6, 2001 the following Members will be recog- McCarthy (MO) Reynolds Taylor (NC) nized for 5 minutes each. Mr. ARMEY. Mr. Speaker, I move McCarthy (NY) Riley Terry McCollum Rodriguez Thomas f that when the House adjourns today it McCrery Roemer Thompson (CA) The SPEAKER pro tempore. Under a adjourns to meet at 9 a.m. tomorrow. McDermott Rogers (KY) Thornberry The SPEAKER pro tempore (Mr. McHugh Rogers (MI) Thune previous order of the House, the gen- McInnis Rohrabacher Thurman tleman from Michigan (Mr. BONIOR) is OTTER). The question is on the motion McIntyre Ros-Lehtinen Tiahrt recognized for 5 minutes. offered by the gentleman from Texas McKeon Ross Tiberi (Mr. BONIOR addressed the House. (Mr. ARMEY). McNulty Royce Tierney The question was taken; and the Mica Rush Toomey His remarks will appear hereafter in Miller, Dan Ryan (WI) Towns the Extensions of Remarks.) Speaker pro tempore announced that Miller, Gary Ryun (KS) Traficant the ayes appeared to have it. Miller, Jeff Sanders Turner f Mollohan Saxton Udall (CO) RECORDED VOTE Moran (VA) Schaffer Upton b 1615 Mr. BROWN of Ohio. Mr. Speaker, I Morella Schrock Vitter AMIGOS TOGETHER FOR KIDS demand a recorded vote. Myrick Scott Walden A recorded vote was ordered. Nadler Sensenbrenner Walsh The SPEAKER pro tempore (Mr. Neal Serrano Wamp PENCE). Under a previous order of the The vote was taken by electronic de- Nethercutt Sessions Watkins (OK) vice, and there were—ayes 322, noes 82, Northup Shadegg Watts (OK) House, the gentlewoman from Florida not voting 29, as follows: Norwood Shaw Weiner (Ms. ROS-LEHTINEN) is recognized for 5 Nussle Shays Weldon (FL) [Roll No. 475] minutes. Ortiz Sherwood Weldon (PA) Ms. ROS-LEHTINEN. Mr. Speaker, YEAS—322 Osborne Shimkus Weller Ose Shows Wexler one of the most special aspects of our Aderholt Crane Grucci Otter Shuster Whitfield everyday lives is to be blessed with Akin Crenshaw Gutknecht Owens Simmons Wicker true friends. Amigos Together for Kids Allen Culberson Hall (OH) Oxley Simpson Wilson Armey Cummings Hall (TX) Pastor Skeen Wolf is an organization that has been in ex- Baca Cunningham Hansen Paul Skelton Woolsey istence since 1991, and under the direc- Bachus Davis (CA) Hart Pence Smith (MI) Wu tion of Jorge Plasencia serves the Baird Davis (FL) Hastings (FL) Peterson (MN) Smith (NJ) Young (FL) Baker Davis (IL) Hastings (WA) Peterson (PA) Smith (TX) needs of south Florida’s forgotten chil- Baldacci Davis, Jo Ann Hayworth dren, those who are abused, neglected Baldwin Deal Hefley NAYS—82 and abandoned. Ballenger Delahunt Herger Abercrombie Hill Oberstar Barcia DeLay Hilleary Now celebrating its 10th anniversary, Ackerman Hilliard Olver Barr DeMint Hinojosa Andrews Hinchey Pallone Amigos has many friends who have Barrett Deutsch Hobson Becerra Hoeffel Payne committed their energies toward the Bartlett Diaz-Balart Hoekstra Berkley Holt Pelosi Barton Dicks Holden success of its programs, including Rox- Berry Honda Phelps Bass Doggett Hooley ana Fernandez, Mirta Fuentes, Paul Bishop Israel Rivers Bentsen Doolittle Horn Blumenauer Johnson, E. B. Rothman Hanson, Victoria Rodriguez, Daniel Bereuter Doyle Houghton Bonior Jones (OH) Roybal-Allard Rodriguez-Cuesta and Jorge Rouco, to Berman Dreier Hoyer Brady (PA) Kaptur Sandlin Biggert Dunn Hulshof name just a few. Brown (OH) Kennedy (MN) Sawyer Bilirakis Edwards Hunter Capps Kilpatrick Schakowsky The Amigos programs include Ami- Blagojevich Ehlers Hyde Capuano Lantos Schiff gos Doctors for Kids, Children Helping Blunt Ehrlich Inslee Carson (OK) Larsen (WA) Sherman Boehlert Emerson Isakson Children, The Birthday Club, The Holi- Clay Lewis (GA) Slaughter Boehner Engel Issa day Toy Drive, The Back-to-School Clayton Lipinski Smith (WA) Bonilla English Istook Clement Lynch Strickland Drive, and a new and ambitious pro- Bono Eshoo Jackson (IL) Clyburn McGovern Stupak gram to serve adolescents in our area Boozman Etheridge Jackson-Lee Condit McKinney Thompson (MS) Borski Everett (TX) in south Florida. Crowley Meeks (NY) Udall (NM) Boswell Farr Jefferson DeGette Menendez Velazquez Congratulations, Amigos Together Boyd Ferguson Jenkins DeLauro Millender- Visclosky for Kids. You are definitely fulfilling Brady (TX) Flake John Evans McDonald Waters Brown (FL) Fletcher Johnson (CT) your mission of making south Florida’s Fattah Miller, George Watson (CA) Brown (SC) Foley Johnson (IL) less fortunate young people feel truly Filner Mink Watt (NC) Bryant Forbes Jones (NC) Gephardt Moore Waxman loved. We really appreciate your dedi- Burr Ford Kanjorski Gilman Moran (KS) Wynn cation to our community’s future, our Burton Fossella Keller Harman Napolitano Buyer Frank Kelly children. Callahan Frelinghuysen Kennedy (RI) NOT VOTING—29 f Calvert Frost Kerns Camp Gallegly Kildee Boucher Hostettler Obey OPPOSE FAST TRACK Collins Johnson, Sam Pascrell Cannon Ganske Kind (WI) LEGISLATION Cantor Gekas King (NY) Cubin Kingston Pitts Capito Gibbons Kirk Davis, Tom Linder Quinn The SPEAKER pro tempore. Under a DeFazio Maloney (CT) Reyes Cardin Gilchrest Kleczka previous order of the House, the gen- Carson (IN) Gillmor Knollenberg Dingell Markey Roukema Castle Gonzalez Kolbe Dooley Meehan Sabo tleman from Massachusetts (Mr. Chabot Goode Kucinich Duncan Meek (FL) Sanchez LYNCH) is recognized for 5 minutes. Chambliss Goodlatte LaFalce Gutierrez Murtha Young (AK) Mr. LYNCH. Mr. Speaker, I rise again Coble Gordon LaHood Hayes Ney Combest Goss Lampson in opposition to the so-called Fast Track legislation that will be debated Conyers Graham Langevin 1611 Cooksey Granger Largent b in this House over the next 2 days. I do Costello Graves Larson (CT) Mr. MEEKS of New York changed his so for several reasons. Cox Green (TX) Latham Coyne Green (WI) LaTourette vote from ‘‘aye’’ to ‘‘no’’. Firstly, because Fast Track con- Cramer Greenwood Leach So the motion was agreed to. tradicts the clear requirement of the

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.102 pfrm01 PsN: H05PT1 H8884 CONGRESSIONAL RECORD — HOUSE December 5, 2001 United States Constitution, which THE LOCAL LAW ENFORCEMENT he was openly gay. The apparent leader vests the responsibility in this body, in HATE CRIMES PREVENTION ACT of the assault paid two other boys $10 the House of Representatives, to regu- The SPEAKER pro tempore. Under a each to beat up the victim. Our chil- late trade with foreign nations. It also previous order of the House, the gentle- dren cannot be subjected to such vio- vests the power in the Congress to woman from California (Ms. WOOLSEY) lence and such hate. make any necessary laws for the exer- is recognized for 5 minutes. No one in America should live in fear cise of that authority. Ms. WOOLSEY. Mr. Speaker, I rise because of his or her ethnic back- Secondly, I oppose Fast Track be- today to encourage the Republican ground, because of religious affiliation, cause it requires that these negotia- leadership to bring the bill offered by because of gender, disability or sexual tions, very detailed, complicated nego- the gentleman from Michigan (Mr. preference. This is especially true of tiations, with great impact for not CONYERS), H.R. 1343, The Local Law En- our children. only our generation but those to come, That is why it is important to pass forcement Hate Crimes Prevention Act, it requires that these negotiations meaningful hate crime legislation, and to the House floor. It is time to take occur in secret; not in open debate on to pass it now. We need to strengthen action against crimes that are moti- the floor of the House, but in secret. our existing laws, and we must protect vated by hate. I also oppose Fast Track because of people against all hate crimes. We our own past experience. We have seen I appreciate all of my colleagues that are coming here this evening that are must send a message, especially to our what Fast Track has brought us, and children, that hateful behavior is going to take their time and to speak we have been shown that it is a poor wrong and it will not be tolerated. in support of H.R. 1343. way to conduct, establish, and imple- Our law enforcement officials need In the past 3 months, crimes against ment trade policy. vigorous tools to fight and prosecute Muslims, Arabs, Sikhs, Southeast We have seen what it has done for hate crimes. Yet existing Federal law Asians and anyone resembling these workers, both in the United States and is inadequate. That is why I am a nationalities have increased signifi- Mexico, through the example of strong supporter of the bill offered by cantly. The Council on Arab and Is- NAFTA. We see now multinational cor- the gentleman from Michigan (Mr. lamic Relations has compiled more porations, General Motors, closing CONYERS), the Local Law Enforcement than 1,400 reports of hate crimes since down plants in the U.S. and moving Hate Crimes Prevention Act. them over the border into Mexico, September 11. This represents a 51 per- For the first time under Federal law, where our own auto workers are now cent increase in reported crimes this measure would add sexual orienta- forced to compete with auto workers in against those of Middle Eastern de- tion, gender and disability. In addition, Mexico making 67 cents an hour. That scent since the attacks. it would expand Federal civil rights is what Fast Track has brought us. Our children are watching in horror law to allow prosecution of hate crimes We have seen what it has brought to as they and their moms and their dads, even if no federally protected activities our environment, where corporations their brothers, their sisters and close were involved, such as voting or at- are continuing to seek to escape, avoid friends, are being harassed, spit on, tending school. Also the bill would ex- and evade responsible environmental beaten and, even worse, killed. These pand the circumstances under which standards in this country in order to go hate crimes are happening in their the Federal Government could offer as- to other countries and to make a prof- neighborhoods, at their schools, and sistance to State and local govern- it, make a profit by avoiding respon- their places of worship. This Congress ments to help prosecute these crimes. sible environmental behavior. does not want to stand by and let our Even though the bill is cosponsored We have seen what it has done to our children be subjected to this kind of by over 200 bipartisan Members, it has food safety standards, where right now hate. We cannot. We should not. The been cast aside. We must bring it to in this country under Fast Track legis- 107th Congress must recognize the the floor, and we must pass it now. lation we can no longer keep out foods problem at hand and must take effec- f that do not meet our own food safety tive measures to reverse this trend, standards. and we can do that by bringing H.R. HONOR THE FALLEN But last of all and most importantly, 1343 forward. The SPEAKER pro tempore. Under a I oppose Fast Track because I think it The stories of these hate crime vic- previous order of the House, the gentle- is the single greatest threat to our rep- tims are disheartening. In Pough- woman from Virginia (Mrs. JO ANN resentative form of democracy. It keepsie, New York, a high school stu- DAVIS) is recognized for 5 minutes. takes the power that has been vested in dent was harassed and attacked while Mrs. JO ANN DAVIS of Virginia. Mr. this body as representatives of the vot- another student yelled ‘‘I hate you, Speaker, today I would like to again ers and gives it to the United States dirty Afghani,’’ as he pelted him with take up the effort to pay tribute and Trade Representative, who then, rocks and plants. honor the fallen who perished as a re- through agreements again in secret, In Dumfries, Virginia, a mother and sult of the attacks on September 11, delegates the authority to the World her son attacked two Afghani Amer- 2001. Trade Organization in Geneva, Switzer- ican brothers, age 16 and 17. During This growing list of over 3,000 names land. I think every Member in this school the son and a group of his is comprised of many of the victims of body knows the chances of their own friends approached the two Afghani the recent horrific attacks on our Na- constituents exercising any right to pe- teenagers and began taunting and hit- tion, including the firefighters and po- tition to the WTO representatives in ting them. The mother entered the licemen who willingly gave their lives Geneva, Switzerland. fight and hit the 17-year-old youth in in an attempt to rescue others. I intend I think this is a bad policy for Amer- the head. Luckily, both boys escaped to read these names for as many days ica. I think that we have a responsi- into a neighbor’s home and luckily nei- as it takes to bring honor and recogni- bility here to our constituents. I know ther was seriously injured. tion to those individuals who lost their they did not send me down here to give In San Mateo, California, a gasoline lives or are still missing: away the rights of the constituents in bomb was thrown through the window Alok Mehta; Raymond Meisenheimer; the Ninth Congressional District of of a Sikh family’s home hitting a 3- Manuel Emilio Mejia; Antonio Massachusetts, and I assure you that year-old. Fortunately, the bomb failed Melendez; Mary Melendez; Manny no Representative in this Congress has to explode. Melina; Christopher D. Mello; Yelena been so directed by their people. These stories are both unbelievable Melnichenko; Stuart Todd Meltzer; f and intolerable. But, sadly, these acts Diarelia J. Mena; Dora M. Menchaca; The SPEAKER pro tempore. Under a of hate are rampant, and people of Mid- Charles Mendez; Lizette Mendoza; previous order of the House, the gen- dle Eastern descent are not the only Shevonne Mentis; Wolfgang Menzel; tleman from Pennsylvania (Mr. GEKAS) victims affected by ignorance and hate. Steve Mercado; Wesley Mercer; Ralph is recognized for 5 minutes. Just a week ago, a hate crime oc- Mercurio; Alan H. Merdinger; Yamel (Mr. GEKAS addressed the House. His curred in my district. Three sopho- Merino; George Merino; Michael remarks will appear hereafter in the mores at a high school in my district Dermott Mullan; Dennis Michael Mul- Extensions of Remarks.) assaulted a 17-year-old student because ligan; Peter Mulligan; Michael Joseph

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.107 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8885 Mullin; James Donald Munhall; Nancy tinely missed tens of thousands of PREVENTION OF TERRORISM Muniz; Carlos Mario Munoz; Theresa cases, and the number of hate crimes is ORDINANCE ‘‘Terry’’ Munson; Robert M. Murach; probably closer to 50,000 a year. The SPEAKER pro tempore. Under a Cesar Augusto Murillo; Marc A. Why the discrepancy? Because par- previous order of the House, the gen- Murolo; Raymond E. Murphy; Patrick ticipation in the FBI’s annual hate tleman from New Jersey (Mr. PALLONE) Jude Murphy; Christopher William crimes statistics report is voluntary, is recognized for 5 minutes. White Murphy; James Francis Murphy, and several States do not fully partici- Mr. PALLONE. Mr. Speaker, I am IV; Brian Joseph Murphy; James pate. The FBI collects the data from concerned about recent statements Thomas Murphy; Edward C. Murphy; local jurisdictions under the 1990 Hate made by one of my colleagues, the gen- Kevin James Murphy; Charles Murphy; Crime Statistics Act; and, unfortu- tleman from Indiana (Mr. BURTON), Robert Murphy; Susan D. Murrary; nately, little money has been allocated with regard to India. We will soon be John Murray; Susan D. Murray; John to train police officers to determine voting on the Foreign Operations ap- ‘‘Jack’’ Murray; Fall Mustafa; Richard whether a crime was fueled by hate. propriations bill which will be pro- Mr. Speaker, now more than ever we Todd Myhre; Louis J. Nacke; Robert viding very limited aid to India, the need to provide law enforcement the Nagel; Mildred Naiman; Takuya world’s largest democracy and our tools and the resources they need to Nakamura; Alexander J.R. Napier, Jr.; strong friend in the politically unsta- both report and fight against these Frank Naples; John Napolitano; Cath- ble Southeast Asia region. arine Nardella; Mario Nardone; Manika senseless acts of hate and violence. The gentleman from Indiana (Mr. These crimes are uniquely destructive Narula; Shawn Nassaney; Narendra BURTON) recently made critical state- Nath; Karen S. Navarro; Joseph Mi- and divisive. Their perpetrators seek ments to the press about India in an ef- not only to harm the immediate victim chael Navas. fort to persuade Members to not pro- but to make a statement to an entire Mr. Speaker, today I heard as others vide aid to India or to resume sanc- were honored who were on United community. Hate crimes are a disturbing barom- tions against India. He specifically ref- Flight 93, and it did my heart good to eter of the state of a nation. Notably, erenced the Prevention of Terrorism know we have them all in the CONGRES- antiblack hate crimes accounted for Ordinance, or POTO, and stated that it SIONAL RECORD. 35.6 percent of all racial bias; anti-sem- was the most repressive law that India Again, Mr. Speaker, I urge all my itism accounted for 75 percent of all re- has ever considered. colleagues to join me in remembering Mr. Speaker, for the past 50 years, ligious incidents; and people with sub- India has been forced to deal with se- these brave heroes, so that their names stantial disabilities, approximately 15 ONGRESSIONAL vere cross-border terrorism in Kashmir will go down in the C percent of the population, suffer from RECORD, and they will not be just re- violent and other major crimes at rates and an upsurge of terrorist attacks membered as numbers, but will be re- many times higher than that for the throughout their nation. Since the membered as people. general population. Research shows September 11 attacks here in the U.S., f that this population is over four times India has experienced heightened terrorism in Kashmir; and, quite frankly, b 1630 as likely to be victims of crime than are people without disabilities. I have been reading about murders of PASS H.R. 1343, THE HATE CRIMES Hate crimes based on sexual orienta- innocent Kashmiris by Islamic mili- PREVENTION ACT OF 2001 tion also continue to rise and currently tants on nearly a daily basis. Just this morning I read about two The SPEAKER pro tempore (Mr. make up the third highest category after race and religion. Additionally, in new incidents that occurred yesterday. PENCE). Under a previous order of the Suspected terrorists shot and killed a House, the gentlewoman from Mary- the wake of the September 11 terrorist attacks, the Arab-American Anti- judge in Kashmir, along with his friend land (Mrs. MORELLA) is recognized for 5 and two guards. This is the first attack minutes. discrimination Committee has investigated, documented and referred to on the judiciary of Jammu and Kash- Mrs. MORELLA. Mr. Speaker, as an mir State. original cosponsor of H.R. 1343, the Federal authorities over 450 incidents of hate-related crime. Moreover, the The other incident was a suicide Hate Crimes Prevention Act, I am com- squad of a Pakistani-based guerilla mitted to seeing this legislation en- Council on American-Islamic Relations has compiled over 1,200 complaints of group that killed at least five people at acted into law. It is really important. I an Indian Army camp in Kashmir. This also want to thank the gentlewoman hate attacks directed against Amer- ican Muslims. latest suicide attack is to be added to from California (Ms. WOOLSEY), my State and local authorities currently a long series of suicide attacks that friend and colleague, for her leadership prosecute the overwhelming majority have killed many innocent Kashmiris. on this issue. of hate crimes, and they will continue Mr. Speaker, as a result of violent Mr. Speaker, last year hate crimes to do so with enhanced support of the terrorist attacks against India, the In- legislation passed the Senate in a bi- Federal Government under the Hate dian President has issued the Preven- partisan 57 to 42 vote on June 20. We Crimes Prevention Act. tion of Terrorism Ordinance, POTO. had over 190 bipartisan cosponsors in Mr. Speaker, hate crimes represent POTO would make provisions for In- the House, regrettably not enough to an attack on the American ideal that dian law enforcement officials to pre- gain House passage. Many fear that we can forge one Nation out of many vent and deal with terrorist activities. this legislation would create a new different people and requires a deter- The current criminal justice system in area of law, and this is simply not true. mined response from law enforcement. India is not sufficient in prosecuting H.R. 1343, which currently has 199 bi- The Hate Crimes Prevention Act is a terrorists and, with passage of POTO, partisan cosponsors, will enhance the constructive and measured response to India will be provided the necessary ability of Federal law enforcement to a problem that continues to plague our law enforcement tools to prevent and provide assistance to State and local Nation: violence motivated by preju- effectively deal with terrorism. prosecution of hate crimes and, in cer- dice. Let us pass H.R. 1343. It is long I am not suggesting, Mr. Speaker, tain limited cases, ease the ability of overdue. that the gentleman from Indiana (Mr. Federal law enforcement to prosecute BURTON) or anyone else should not be f racial, religious, ethnic and gender- able to speak out against POTO if they based violence. MESSAGE FROM THE SENATE desire. We know that India is a vibrant The FBI has reported approximately A message from the Senate by Mr. democracy with an open political sys- 50,000 hate crimes have been committed Monohan, one of its clerks, announced tem. Its free press and democratic na- in the past 5 years, with nearly 8,000 re- that the Senate has passed with ture allows all voices and opinions to ported last year alone. And although amendments in which the concurrence be heard. But I think the criticism is these statistics are alarming, even of the House is requested, a bill of the undeserved at this time. more disturbing is the fact that groups House of the following title: I would like to draw an analogy be- monitoring such crimes report that the H.R. 10. An Act to provide for pension re- tween what is happening with POTO in FBI’s data collection method has rou- form, and for other purposes. India and what is happening with the

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.110 pfrm01 PsN: H05PT1 H8886 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Provide Appropriate Tools Required to Mr. SMITH of Michigan. Mr. Speak- say that belt-tightening is called for, Intercept and Obstruct a Terrorism er, the question I would like to ask my and prioritization of spending is called Act, or PATRIOT Act, in the United colleagues is how much more, how for. States. This analogy was conveniently much deeper should we go in debt in So I would not only suggest to this overlooked by the gentleman from In- this country? Chamber but certainly to the Senate, diana. The current authorized debt that we certainly to the President and the ad- In October of this year, the U.S. Con- passed several years ago is $5,950 bil- ministration, to start prioritizing gress passed the PATRIOT Act, which lion, and we were actually projecting spending so that we minimize the gave law enforcement officials more just a few months ago, last May, that amount that we are going to drive our tools to detect, apprehend, and pros- we would not have to increase the debt kids and our grandkids into indebted- ecute terrorists. In the aftermath of limit. Our current debt, the debt limit ness that sometime, someplace, some- September 11, Congress was required to as passed by law is $5,950 billion. The how, they are going to have to pay off. act quickly to pass measures to address current debt is $5,860 billion. So if we Last May, let me just tell my col- the immediate and long-term security, implement what we are talking about leagues how rapidly things have recovery, and financial needs of the for next year’s budget, if all of the bills changed. Last May, the Congressional country. that have been passed in the House Budget Office, the CBO, estimated that There was controversy and there still were implemented, then we are going our surplus for this 2002 fiscal year remains criticism of the PATRIOT bill back into deficit spending, which would be $304 billion. $304 billion sur- from both the right and the left. Mem- means we are going to have to increase plus. Now, with the bills that have bers protested that it would grant the the debt of this country. passed the House, with the bills that government too much power and en- It seems to me that we should be have passed the Senate, all of them danger civil liberties. However, the ad- budgeting in a way that every family have not passed the Senate, but with ministration called for immediate ac- has to budget, that every business has all of the appropriation bills and the tion and, while moving the bill through to budget, and that if something comes stimulus package, we are actually now Congress, several provisions were ei- up that is very important we look at deficit spending, spending all of the So- ther dropped or modified and a bill did other portions of that budget that we cial Security surplus, spending all of pass. might reduce in order to accommodate the Medicare-Medicaid surplus and From what I understand, the Indian the higher priority spending. In this going back into debt, which means that Parliament is planning on going case, I would suggest, Mr. Speaker, to sometime our kids are going to have to through a similar process of modifying my colleagues that the higher priority come up with either the increased some provisions in their ordinance. It spending is to assure security and to do taxes or the reduced living standards is likely that the bill will pass and be what we can to make sure that the from government that we have pro- enacted into law, thereby affording In- economy again comes back strong as vided to date. dian officials the authority to deal quickly as possible. Mr. Speaker, in conclusion, let me with the growing terrorist threat fac- But if we do that without going into say that I think there are a lot of areas ing India that the normal criminal jus- debt like we were some years ago, driv- of spending that are of lesser impor- tice system could not address suffi- ing the debt of this country up, if you tance, and simply because the lockbox ciently. will, driving the mortgage that our has now been, if you will, broken open, Mr. Speaker, I believe that unusual kids and our grandkids are going to is not the excuse to spend all kinds of circumstances in the U.S. call for these have to pay off because of our excessive money for all kinds of projects. types of measures, and the same holds spending, if we are not to go back into f true for India. A true parallel can be that kind of deficit spending, then we drawn here for the two largest and are going to have to prioritize. b 1645 most vibrant democracies in the world. How do we prioritize? Is there some spending of this Congress, is there IN SUPPORT OF INCREASED FUND- Unfortunately, both of these countries ING FOR HOMELAND SECURITY are now combating terrorism. some pork spending, is there some The gentleman from Indiana (Mr. spending that is less important than The SPEAKER pro tempore (Mr. BURTON) I think is incorrect in accus- driving us deeper into debt? Let me PENCE). Under a previous order of the ing India of being repressive by enact- just suggest, as we discuss economic House, the gentleman from Rhode Is- ing this law. His strategy to bash India stimulus packages, at what point of land (Mr. LANGEVIN) is recognized for 5 is clearly a pattern. It is no surprise overspending that is going to result in minutes. that these types of statements come at higher interest rates. Overspending Mr. LANGEVIN. Mr. Speaker, yester- a time when we are providing aid to means the government has to borrow day the Senate Appropriations Com- India. There is no justification for end- more money. We go into competition mittee passed the defense appropria- ing the limited aid that we provide to with business and individuals for that tions bill containing $35 billion in fund- India, and there is no rhyme or reason available money supply out there; and, ing to enhance our Nation’s efforts to to cutting back or putting back in in fact, Congress bids up interest rates combat terrorism. place the sanctions against India that to get what they want. So at what Last week, the House missed an op- should have been lifted a long time point do we decide that increased inter- portunity to do the same. The ranking ago. est rates are as much of a downer for member of the Committee on Appro- My point, Mr. Speaker, is that the economic recovery as maybe some priations had proposed an amendment gentleman from Indiana’s efforts to stimulus package or some spending to the defense appropriations act to implement such things are simply that some Members say are important add $7.2 billion for homeland security. wrong. We do not need to go back to to their economy locally? At what Unfortunately, the rule failed to pro- the sanctions, and we certainly should point does it balance? How much tect this amendment from a point of not punish India for essentially doing should we go in debt in future spend- order, and the House was prevented the same thing that the United States ing? from voting on one of the most impor- has done in the aftermath of Sep- I would suggest to my colleagues tant issues facing Americans today. tember 11. that the gimmick of the lockbox that Considering the Bush administration f we passed, Democrats and Republicans issued a third terror alert on Monday, together, was a good effort, suggestion, it is imperative that Congress act now U.S. SHOULD PRIORITIZE SPEND- indication, that we would not go back to provide greater security for the ING TO AVOID DEFICIT SPEND- to spending the Social Security sur- American people. Since September 11, ING plus. This year, Social Security is States and cities have been forced to The SPEAKER pro tempore. Under a going to bring in a surplus of about $160 dig deep into their coffers to pay for previous order of the House, the gen- billion. But the way we are going, we unexpected emergency programs. I tleman from Michigan (Mr. SMITH) is are going to spend all of that Social Se- have met with Rhode Island officials to recognized for 5 minutes. curity surplus. I say this is not good. I learn how they have responded to this

VerDate 05-DEC-2001 01:30 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.112 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8887 crisis and to gauge their need for addi- strengthen our border patrol. Each Title 18, United States Code, Section 245, is tional counterterrorism and security day, 1.25 million people, 500,000 vehi- one of the primary statutes used to combat ra- improvements. cles, and 50,000 containers cross our cial and religious violence. At the time of its In the 6 weeks following the terrorist borders; yet far too few vehicles, con- passage in 1968, a number of members of attacks, my State spent $18 million on tainers, packages, and other posses- Congress wanted to limit the reach of the stat- homeland security and needs $56 mil- sions are properly checked. We must ute. They accomplished their goal by including lion more to upgrade emergency re- provide the Border Patrol with the re- a dual intent requirement. To establish a viola- sponse in public health systems. State sources needed to detect and prevent tion under Section 245, a federal prosecutor and local governments have done an terrorism at our borders. must prove that a defendant acted, for exam- exceptional job at pinpointing and Although the House was not able to ple, because of the victim’s race and because prioritizing areas in need of improve- address these and many other concerns the victim was exercising one of a limited cat- ment to ensure the safety of their citi- by voting on the Obey amendment, I egory of federally protected rights (e.g., serv- zens, and Congress must act now to strongly encourage my colleagues to ing on a jury, voting or attending public provide them with the resources that continue pushing for increased home- school). they require. land security funding so that we may The original version of the statute contained Rhode Island’s leaders recognize that provide Americans the protection and a less restrictive, but still substantial, intent re- law enforcement and emergency re- peace of mind that they demand and quirement that the government prove the de- sponders represent the first line of de- that they deserve. fendant acted while the victim engaged in a fense in the domestic fight against ter- Mr. FILNER. Mr. Speaker, will the federally protected activity. rorism. As a result, they hope to invest gentleman yield? This dual intent requirement has substan- $5.8 million for improvements in co- Mr. LANGEVIN. I yield to the gen- tially hampered the hate crimes enforcement ordinated emergency response efforts. tleman from California. by the Department of Justice. There are nu- Through new equipment and training Mr. FILNER. Mr. Speaker, I want to merous examples of heinous acts of violence for hazmat teams, the State will be thank the gentleman for raising these that DOJ has either been unable to prosecute, better prepared to deal with the threat issues, especially his statement about or has been unsuccessful in prosecuting, due of weapons of mass destruction. the Coast Guard. I represent San to the limitations of Section 245. Also, the anthrax attacks highlight Diego, California; and we only inspect One of the most egregious examples of the the need for a strong public health in- less than 10 percent of the ships coming problems under current federal law occurred in frastructure. Rhode Island has pro- in. We need more positions for the a 1994 Texas hate crimes prosecution. A fed- posed a $48 million plan to enhance Coast Guard. I thank the gentleman for eral jury acquitted three white supremists of medical surveillance, research, and in- his efforts here. civil rights violations arising out of an incident vestigation. Our health officials must Mr. LANGEVIN. I could not agree where they stalked the street of Fort Worth be prepared to identify a biological at- more. hunting for African-American victims. Although tack in its early stages, respond swiftly f the jury agreed that the defendants’ actions to the threat, and prevent further con- The SPEAKER pro tempore. Under a were racially motivated, they acquitted the as- tamination. previous order of the House, the gen- sailants because they could not conclude that they intended to deprive the victims of a feder- As an original cosponsor of the Bio- tleman from Florida (Mr. FOLEY) is terrorism Prevention Act of 2001, which recognized for 5 minutes. ally protected right. The Hate Crimes Prevention Act would cor- would provide $7 billion to improve our (Mr. FOLEY addressed the House. His rect this deficiency by expanding the reach of national public health infrastructure, I remarks will appear hereafter in the federal jurisdiction to cover serious, violent applaud the gentleman from Wisconsin Extensions of Remarks.) bias crimes. Under the bill, hate crimes that (Mr. OBEY) for proposing funding to ad- f cause death or bodily injury because of preju- dress the threat of bioterrorism in our The SPEAKER pro tempore. Under a dice can be investigated federally, regardless communities. previous order of the House, the gen- of whether the victim was exercising a feder- One particularly important provision tleman from Washington (Mr. INSLEE) ally protected right. included in the Obey amendment was a is recognized for 5 minutes. This legislation will also address inconsist- budget increase for the Coast Guard, (Mr. INSLEE addressed the House. encies in the coverage of current federal, state which has now taken on new respon- His remarks will appear hereafter in and local bias crime provisions. Current law sibilities since September 11. Daily life the Extensions of Remarks.) does not permit federal involvement in a range of Rhode Island is intricately tied to f of cases involving crimes motivated by bias the ocean and Narragansett Bay. Com- HATE CRIMES against the victim’s sexual orientation, gender mercial fishing netted $79 million for or disability. This loophole is particularly sig- the State’s economy in 1999, and rec- The SPEAKER pro tempore. Under a nificant given the fact that five states have no reational boating is a popular pastime previous order of the House, the gen- hate crime laws on the books, and another 21 among our residents. tleman from Michigan (Mr. CONYERS) is states have extremely weak hate crimes laws. The Coast Guard’s dependable pres- recognized for 5 minutes. Our bill will expand the jurisdiction of federal ence and its work to keep our seaways Mr. CONYERS. Mr. Speaker, since the April law to cover sexual orientation, gender or dis- safe have made them well respected 3, 2001 introduction of H.R. 1343, the Hate ability, so the federal government will no among our boaters and our residents. Crimes Prevention Act, more than 200 mem- longer be handicapped in its efforts to assist However, the Coast Guard has been bers (202) from both sides of the aisle have in the investigation and prosecution of hate plagued by dwindling budgets in recent added their voices to the call for comprehen- crimes. years, preventing personnel increases sive legislation that will provide assistance to In addition, through an Intergovernmental and equipment improvements. As a restate and local law enforcement and amend Assistance Program, federal authorities will be sult, of the 41 nations with coastal pa- federal law to streamline the investigation and able to provide technical, forensic or prosecu- trols, the U.S. Coast Guard now has the prosecution of hate crimes. torial assistance to state and local law en- 39th oldest fleet. This legislation is a constructive and meas- forcement officials. In addition, the legislation Nonetheless, the Federal Government ured response to a problem that continues to authorizes the Attorney General to make expects the Coast Guard to patrol the plague our nation—violence motivated by prej- grants to state and local law enforcement Nation’s 361 ports and increase inspec- udice. The legislation is designed to address agencies that have incurred extraordinary ex- tions of foreign vessels, and 121 Rhode two significant deficiencies in the existing bias penses associated with the investigation and Island reservists have been called to crime law enforcement framework. First, the prosecution of hate crimes. this mission. Commandant Admiral legislation loosens the overly restrictive feder- The Hate Crimes Prevention Act is en- James Loy has pleaded with Congress ally protected activity requirement under exist- dorsed by notable individuals and over 175 for years to raise funding levels for the ing hate crimes law. Second, the legislation law enforcement, civil rights, civic and reli- Coast Guard, but we have again taken expands the jurisdiction of the federal govern- gious organizations, including: President the wind out of their sails. ment to reach violent conduct aimed at victims Bush’s Attorney General Dick Thornburgh; 22 Moreover, the Obey amendment on the basis of their gender, sexual orientation State Attorney Generals; National Sheriffs’ As- would have provided critical funding to or disability status. sociation; International Association of Chiefs of

VerDate 05-DEC-2001 03:25 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K05DE7.114 pfrm01 PsN: H05PT1 H8888 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Police; U.S. Conference of Mayors; Pres- still fear in an entire community, be it seen incidents of physical and verbal byterian Church; Episcopal Church; and the burning a cross in someone’s yard, the abuse. More than 1,200 cases of hate- Parent’s Network on Disabilities. burning of a synagogue, or a rash of motivated attacks or assault against Poll after poll continues to show that the beatings of people in proximity to gay- members of the Muslim and Arab com- American public supports hate crimes legisla- identified establishments. This sort of munities have been documented in just tion, including legislation inclusive of sexual domestic terrorism demands a strong 3 months. orientation. A new Kaiser Family Foundation Federal response because this country As Members of Congress, we must act poll released last month shows that 73 percent was founded on the premise that per- now to reassure our American Muslim of Americans support hate crime legislation sons should be free to be who they are and Arabic communities that they and that includes sexual orientation. without the fear of violence. their families are safe and welcome and Passage of a comprehensive law banning Mr. Speaker, this House needs to pass we value their presence in our country. hate violence is long overdue. It is a federal the Local Law Enforcement Hate America has always been a Nation of crime to hijack an automobile or to possess Crimes Prevention Act as expeditiously tremendous diversity. As our men and cocaine, and it ought to be a federal crime to as possible. We need to do everything women in uniform risk their lives to drag a man to death because of his race or that we can to prevent hate crimes like protect our way of life, nothing could to hang a man because of his sexual orienta- the murder of Juana Vega. send them a stronger message of sup- tion. These are crimes that shock and shame f port than an America that finds our national conscience and they should be strength in the differences in heritage subject to federal law enforcement assistance EXPRESSING SUPPORT FOR PAS- and beliefs that make us uniquely and prosecution. SAGE OF MEANINGFUL HATE American. Bias, bigotry, scapegoating, f CRIMES PREVENTION LEGISLA- prejudice, discrimination, and hateful TION THE LOCAL LAW ENFORCEMENT persecution have no place in American HATE CRIMES PREVENTION ACT The SPEAKER pro tempore. Under a society. It is time we solidified such a previous order of the House, the gen- position with the full force of the law. The SPEAKER pro tempore. Under a tleman from Massachusetts (Mr. Dr. Martin Luther King, Jr., once previous order of the House, the gentle- MCGOVERN) is recognized for 5 minutes. said, and I quote, ‘‘Injustice anywhere woman from Wisconsin (Ms. BALDWIN) Mr. MCGOVERN. Mr. Speaker, I rise is a threat to justice everywhere.’’ Mr. is recognized for 5 minutes. today to join with the gentlewoman Speaker, as we fight to bring those who Ms. BALDWIN. Mr. Speaker, I rise from California (Ms. WOOLSEY), the have attacked us to justice, we must today to urge the House to pass H.R. gentlewoman from Maryland (Mrs. not overlook the injustices that are 1343, the Local Law Enforcement Hate MORELLA), the gentleman from Georgia still present in our own society. Hate Crimes Prevention Act. Passage of hate (Mr. LOUIS), the gentlewoman from crimes legislation is long overdue. crimes are serious and well-docu- As the House of Representatives fails Wisconsin (Ms. BALDWIN), and others mented problems, yet they remain in- to act, the list of victims of hate here today to express my strong sup- adequately recognized. The current crimes grows every day. One such vic- port for the passage of meaningful hate Federal hate crimes statute is limited tim was murdered in Milwaukee, Wis- crimes prevention legislation, and in to crimes motivated by discrimination consin, last month on November 11. particular, the Local Law Enforcement on the basis of race, religion, color, or Juana Vega was shot repeatedly by her Enhancement Act of 2001, which I am national origin. Unfortunately, hate girlfriend’s brother outside her proud to be a cosponsor of. crimes committed in this country are girlfriend’s family home. According to During these difficult times, it is broader than that. Current law ex- friends of the victim, the suspect made critical that we stand together as one cludes other communities of individ- repeated threats, explicitly stating people united against a common uals who are victimized just as often that he would kill the victim because enemy. In the past months we have for other reasons. of her sexual orientation. witnessed the worst of humanity. On The importance of congressional ac- Unfortunately, Mr. Speaker, this September 11, over 3,500 of our fellow tion on this crucial issue cannot be tragic situation repeats itself far too human beings were murdered by ex- overemphasized. Unlike other crimes, often in our country. We must act to tremists whose sole motivation was a hate-motivated crimes not only affect address it now. It is unfortunate that pure hatred of America and the free- individuals or families, they perma- hate crimes occur, but they do. It is ir- dom and diversity that define our Na- nently scar entire communities. Only responsible to deny that there are indi- tion. We must combat this horrible act by recognizing and combatting these viduals who seek to commit violence by holding those responsible to ac- crimes can we all begin to eradicate against an individual because they may count, and we must combat this hor- the bias and bigotry that remains all be gay, lesbian, a woman, or disabled, rible act by sending a powerful and too prevalent in today’s society. the people that we seek to protect with clear message to the world that we are We must work to rid our schools and the passage of this legislation. a Nation that values tolerance, accept- our neighborhoods and our commu- It has been argued that we cannot see ance, understanding; and we are a Na- nities of hatred. We owe it to ourselves, into a criminal’s heart or mind, that tion that celebrates our diversity. we owe it to each other, and we owe it we cannot determine their motive and At no time in the great history of to our children who look to us for guid- intent, and therefore, cannot dole out this Nation has it been more important ance. appropriate justice. Yet, the most an- for us to take a stand against hatred, The time has come to break down the cient concepts of justice still with us scapegoating, and prejudice that can walls of ignorance once and for all and today consider the intent of those per- affect and destroy a society. Never has replace them with communities built petrating a crime. Should we not con- it been more important for us to reach on tolerance, justice, and compassion. sider the intent of a man or woman out to our friends and neighbors of Ar- The perpetrators of hate crimes are not who kills or maims because of their ha- abic descent or of the Islamic faith, the only guilty parties. Silence, com- tred of an entire group, class, or race of demonstrating how much we value placency, and indifference in the face people? them as members of our community. of such brutal attacks are allies, as A Member of the other body, the Nothing would aggravate and under- well. former chairman of the Senate Com- mine the forces that committed the Mr. Speaker, I urge all my colleagues mittee on the Judiciary, said last year, horrible atrocities of September 11 to join in the fight for a Nation united ‘‘A crime committed not just to harm more than redoubling our efforts to against the evils of bigotry and hate dian individual but out of the motive of protect and respect and uphold the rected against anyone in our society. sending a message of hatred to an en- rights of all. Let us bring this legislation to the tire community is appropriately pun- Mr. Speaker, since September 11, floor that has been championed by the ished more harshly or in a different hate crimes against Muslim and Arab gentleman from Michigan (Mr. CON- manner than other crimes.’’ Americans and immigrants have in- YERS) so valiantly over the years. Let Hate crimes are different than other creased all over the country. From us pass it through this House, and let violent crimes because they seek to in- small towns to large cities, we have us send a message to the rest of the

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.118 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8889 world that the United States of Amer- House, the gentleman from Illinois the unfortunate situation that our sis- ica will not tolerate hate crimes. It is (Mr. DAVIS) is recognized for 5 minutes. ter city across the Mexican border, Ti- a message that needs to be sent now. Mr. DAVIS of Illinois. Mr. Speaker, I juana, does not have facilities to treat f rise to pay tribute to an outstanding all its sewage, so sewage which is un- woman, Mrs. Patricia A. Jones, who in treated eventually finds its way into A TRIBUTE TO DR. KAMLESH her own right provided immeasurable the Tijuana River Valley, across my GOSAI services, especially to children and so- district and then empties into the Pa- The SPEAKER pro tempore. Under a cial service agencies in Chicago, Illi- cific Ocean. It is a terrible environ- previous order of the House, the gen- nois, and its surrounding suburbs. mental problem which both countries tleman from Pennsylvania (Mr. MAS- In addition to that, Mrs. Jones is also are trying to solve. CARA) is recognized for 5 minutes. the beloved wife of the Senate Demo- I have worked on this problem for Mr. MASCARA. Mr. Speaker, I rise cratic Leader of Illinois, Emil Jones, over a decade as a member of the San today to recognize Dr. Kamlesh B. Jr. She passed away Sunday past at 11 Diego City Council and as a member of Gosai, this year’s winner of the Coun- p.m. at St. Francis Hospital, a young this Congress. We found a win-win-win try Doctor of the Year Award. woman, only 63 years old. way to deal with this issue that had Let me begin by saying that Dr. She was as much a partner in her been plaguing us for 50 years. Gosai best exemplifies and illustrates husband’s public life as she was in his A joint U.S.-Mexico private firm the Hippocratic oath he took upon en- private life. Emil and Patricia Jones made a proposal to build a sewage tering the practice of medicine. He is a were wed on December 4, 1974. She was treatment plant using the most ad- shining example of what that oath is born in New Orleans, Louisiana, on Au- vanced environmental techniques to all about. He is a great human being. gust 9, 1938, the third of eleven chil- build such a plant in Mexico where the This award was created to recognize dren. She went through the New Orle- water could be treated to a level that outstanding rural physicians through- ans school system where she became a could be reclaimed for agriculture, out the United States, and Dr. Gosai teacher. commercial or even drinking use, Of course, ultimately, she came to definitely is deserving of this recogni- which Mexico desperately needs, and Chicago and is survived by her hus- tion. this treatment would be paid for by the band; two sons, John Sterling and Emil United States government. 1700 b Jones III; and a nephew, Emil Alvarez It is the citizens of this country that This is a tribute to his dedication, Jones, whom she raised. She is also are being affected by the potential dis- skill and caring for his patients, a rare survived by a number of other release and the environmental problems. commodity in a time when health care atives. So we thought, given the situation, She attended Loyola University in is undergoing questionable change. that a private firm working with both Chicago and graduated from Chicago Dr. Gosai always has time for his pa- countries could not only treat the sew- tients. He practices out of the South- State University. As a young adult, Mrs. Jones moved age, but solve the U.S. environmental west Medical Center in Bentleyville, with her family to Chicago. She was problem, and help recycle water to Pennsylvania, a small community of employed by the City of Chicago, ad- Mexico. about 2,300 people where I met my wife ministrating the Title 20 program for a My former colleague and I, Mr. Dolores. While many physicians choose number of years, which included pre- Bilbray, convinced this Congress that to practice medicine in larger, more school, Head Start. She also taught in such a plan was workable, and, in fact, populated areas, Dr. Gosai has chosen the preschool program at the YMCA in this Congress a year ago passed a law, to make his home in the Mon Valley Chicago. Public Law 106–457, to do exactly what region of southwestern Pennsylvania. She served on the school board as I just outlined, to solve a 50-year-old Dr. Gosai is the perfect example of President of Holy Name of Mary Catho- problem. Title VIII of that law author- how a good country doctor can change lic School in Morgan Park. She was ac- ized the International Boundary and a community in a positive way. He tive in her church, Holy Name Mary Water Commission to begin negotia- brought a state-of-the-art medical cen- Catholic Church in Morgan Park, tions with Mexico to provide for the ter to Bentleyville and recruited many where she was a former member of the treatment of Mexican sewage that specialists to enter his practice. He Ladies Guild. She was a member of flows into the United States. This Con- also opened a medical center in 1993 in AKA Sorority and a board member of gress decided that unanimously. nearby Charleroi, Pennsylvania, iron- the Beverly Arts Center. Recently, the new commissioner that ically where I live, which now employs We extend our condolences to the mi- was appointed by President Bush for nearly 100 and offers a wide range of nority leader in the Illinois Senate, the International Boundary and Water specialty practices. Emil Jones, on the death of his wife, Commission, Mr. Carlos Ramirez from In addition to being on call 24 hours but we value her contributions and El Paso, decided on his own, without a day, it is not uncommon for Dr. Gosai know that they will long remain not talking to any of us here in Congress, to see 75 patients a day in his office or only a part of Chicago but a part of the ignoring decades of litigation by envi- make himself available for last-minute Nation. ronmental groups, ignoring all the exams or emergencies; and, yes, he still work that had been done by the polit- f makes some house calls. ical leaders, local, State and Federal, As key health care providers for FOLLOW THE WILL OF CONGRESS: in San Diego and in Mexico, repeatedly more than 60 million people, country REMOVE MEXICAN SEWAGE said recently in public meetings and to doctors are an integral part of Amer- FROM U.S. SOIL AND WATER the press that that law had no force, ica’s health care system, and the peo- The SPEAKER pro tempore. Under a that he was not required to, in fact, un- ple of the 20th District of Pennsylvania previous order of the House, the gen- dertake those negotiations and build are very fortunate to have a dedicated tleman from California (Mr. FILNER) is the treatment plant mandated by Con- physician like Dr. Gosai living in their recognized for 5 minutes. gress. In fact, he said we are going to own backyard. Mr. FILNER. Mr. Speaker, I rise do it with an expensive process that Mr. Speaker, I know the entire House today to tell my colleagues about an this Congress and our whole border of Representatives joins me in con- incredible situation that is going on in community rejected a decade ago. gratulating Dr. Gosai on this well-de- my district in San Diego, California. I I do not know why the new commis- served honor. He is a credit to his pro- have running through my district 50 sioner started off his work in this fash- fession. million gallons of raw sewage a day. I ion. I offered to meet with him. No f doubt that any congressperson in meeting could be arranged, but I took America could say that, 50 million gal- this problem to the chairman of the TRIBUTE TO THE LIFE OF lons of raw sewage coming through his subcommittee that had worked out PATRICIA A. JONES or her district. this legislation a year ago, the gen- The SPEAKER pro tempore (Mr. This is because of the nature of the tleman from Tennessee (Mr. DUNCAN), PENCE). Under a previous order of the geography in southern California and and he agreed to hold an oversight

VerDate 05-DEC-2001 03:48 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.120 pfrm01 PsN: H05PT1 H8890 CONGRESSIONAL RECORD — HOUSE December 5, 2001 hearing on the implementation of the Who do we care about in this House? taxed or because of the system or law that required the sewage treat- Wealthy corporations or the men and something like September 11 happens, ment plant to be built cooperatively women who have served this country they are forced to let people go. I have with Mexico. honorably and who are sick and in need people in the hotel industry that only This hearing will be scheduled for of medication and who oftentimes can- have about a 25 percent occupancy this Wednesday, December 12. I hope not afford that medication, even with a right now. That is devastating to those that the administration spokesman, $2 copay? industries, and this has happened Mr. Ramirez, his employer, the State I have introduced H.R. 2820, and it is across the board. Department, the Office of Management a simple bill. It just simply says that So the things we can do to stimulate and Budget will explain why a law that the Secretary of the Veterans Adminis- the economy is, one, tax relief for was passed by Congress a year ago has tration cannot increase this copay those businesses. That is important in not been implemented. amount beyond the $2 for the next 5 an economic stimulus package, as well This law is environmentally sound. It years. Surely, surely, we can find the as direct pay to some of those folks is good for the taxpayers of this Na- resources to do this good thing. I am that need the help immediately. tion. It solves a problem that has been calling upon my colleagues, and I am Secondly, there has been a lot of de- with us for 50 years. What Mr. Ramirez doing this on behalf of those who have bate on trade in this House, and I think wants to do is treat half the problem, served our country, the men and very positively, both those for and op- do it more expensively and in an envi- women who have paid the price, given posed. But I believe whether you are a ronmentally insensitive way. I do not of their time, given of their bodies and union worker or come from the private understand that at all, and I am glad been willing to give of their very lives sector, our workers in this country are the gentleman from Tennessee (Mr. to make sure that those of us who second to none. Given fair trade and DUNCAN) agrees with me that he should serve in this Chamber can do so in free- given an equal chance, they can com- explain this to Congress. dom. pete with any nation. Some people debate and look at the So we will have this oversight hear- So I call upon my colleagues to join trade deference. Well, ask anybody, ing which is the role of Congress to me in cosponsoring H.R. 2820. It is the they would rather be from a country have. It is about time the International least we can do for those who have that has higher pay, that has higher Boundary and Water Commission fol- done so much for us. lowed the will of this Congress. quality, that has higher technology f than a country that has low pay, low f ECONOMIC STIMULUS PACKAGE technology, but yet is able to flood the CHANGING THE PRESCRIPTION CO- The SPEAKER pro tempore. Under a markets. It just stands to reason. It is PAY FOR VETERANS previous order of the House, the gen- common sense. Trade is also important to my State, The SPEAKER pro tempore (Mr. SIM- tleman from California (Mr. California. The number one commodity MONS). Under a previous order of the CUNNINGHAM) is recognized for 5 min- in California is agriculture. Those that House, the gentleman from Ohio (Mr. utes. say they are friendly to agriculture STRICKLAND) is recognized for 5 min- Mr. CUNNINGHAM. Mr. Speaker, I should have no second thought on the utes. do not plan on taking the full 5 min- Mr. STRICKLAND. Mr. Speaker, I vote that is coming to us tomorrow or utes. But we have just gotten through the next day on the trade bill sent wanted to take a few moments this with the defense bill and the Select evening to explain something that is down by the President. The bill tomor- Committee on Intelligence has just row will improve existing and future happening to veterans that I think passed its conference report, and our many Members of this House may not trade agreements. Not necessarily new Nation is at war, and above the regular trade agreements, but it will enable be aware of and would like to correct. amount the President has seen fit to Currently, a veteran who receives the President to shore up problems give a $40 billion supplemental to try that many of my colleagues on the prescription medications as an out- not only to help people in New York, patient for a service-connected dis- other side have brought forward, and I people at the Pentagon, but this Na- think in some cases rightfully so. ability is charged a $2 copay per pre- tion heal itself. Mr. Carville, who used to work for scription, and the Veterans Adminis- Post-September 11 has seen over President Clinton, once said, ‘‘It’s the tration is contemplating increasing 700,000 jobs lost, and yet we still have economy, stupid.’’ If we can give tax that copay from $2 per prescription to 99 percent of the American people that relief to businesses and stimulate jobs, $7 per prescription, a 250 percent in- have their jobs, but if someone is one if we can pass trade agreements that crease in one fell swoop. of those of that 1 percent that has lost will help benefit our workers and shore Why are we doing this? I have their job, it is critical to them. Many up existing problems, I think that will checked with the Chilicothe, Ohio, Vet- of the people in my own district that help. erans Hospital and talked with their has happened to. My constituents want three kinds of CEO. He tells me that, at that hospital, We tried to protect those jobs, and I security: they want personal security; the average veteran who gets prescrip- think that we need to do more. We also they want to be safe in their schools tion medications takes, on average, at need to help people temporarily. But and on their streets; they want to be least 10 prescriptions per month. If we even more important than that, Mr. able to open up a piece of mail that take $7 per prescription and multiply it Speaker, we need to stimulate the does not have anthrax in it; they want by 10, that is $70 a month; and then growth of the new and the old jobs economic security, to know they are many veterans get their prescriptions through different measures, economic not going to lose their job; and they for 3 months at a time. So 70 times 3 fi- measures. want national security. For those nally starts adding up to a sizeable b 1715 things, Mr. Speaker, I ask my col- amount of money, especially for a vet- leagues to support both the economic eran with a service-connected dis- Seventy-five percent of the jobs cre- package, the stimulus package that ability who is trying to live on a fixed ated are created by small business in was passed out of this House, and to income. this country, and I believe that tax re- support the trade agreement that will It is unconscionable to me that at lief for businesses will act as a stim- be brought forward this week. this time in our Nation’s history, when ulus that will enable those businesses f we are paying honor to those who are to hire more people, to hire back some fighting for us and for those who have of those 700,000 that have lost their SUPPORT H.R. 1343, LOCAL LAW fought for us, that we would increase jobs. ENFORCEMENT HATE CRIMES the costs of prescription medications; We all know that a company does not PREVENTION ACT and we are doing it at a time, quite just fire people because it wants to; it The SPEAKER pro tempore (Mr. frankly, when we are making huge, is because they are working with a PENCE). Under a previous order of the multibillion dollar tax breaks available margin. And when they start losing House, the gentleman from Texas (Mr. to wealthy corporations. money, either because they are over- RODRIGUEZ) is recognized for 5 minutes.

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.122 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8891 Mr. RODRIGUEZ. Mr. Speaker, I am Crimes Prevention Act, which has been must renounce racism, we must re- here today to call attention to the dra- introduced by the gentleman from nounce hate, we must renounce vio- matic rise of hate crimes and voice my Michigan (Mr. CONYERS). H.R. 1343 pro- lence and embrace diversity. We must support of H.R. 1343, the Local Law En- vides the technical, forensic, as well as teach not just tolerance; we must forcement Hate Crimes Prevention Act. prosecutorial tools local law enforce- teach acceptance and love. Only then Last Congress, we came closer to en- ment needs to combat this type of vio- can we achieve the concept of the be- acting legislation that would have re- lence. loved community, a community that is affirmed our commitment to pros- H.R. 1343 has garnered the support of free of hate based on race, religion, na- ecuting those who commit hate crimes. over 202 co-sponsors. Now more than tional origin, or sexual orientation. The Senate passed the hate crimes ever we need the Federal hate crimes Passing the Hate Crimes Prevention amendment on the defense appropria- bill. Since September 11, hate crimes, Act is a step, a major step in the right tions act. The House subsequently especially those targeting Arab Ameri- direction, a step down a long road. It passed a motion, which the majority of cans and Muslim Americans have dra- sends an important message. We must us supported, to instruct the conferees matically increased. This is unfortu- show the world the great Nation that to retain the language contained in the nate, and we need to make sure that we are, a Nation where all men and Senate version of the defense author- this does not occur. While I am sure women are created equal. It is time to ization bill. Unfortunately, the con- that we are all angry and frustrated, pass the Hate Crimes Prevention Act. ference committee ignored the will of and have a great deal of anxiety as a So, Mr. Speaker, I call on all of my col- the House and the Senate and chose result of what has transpired and what leagues to lead by example and pass this bill before we leave. not to retain the hate crime provisions a lot of Americans are feeling, such in the final conference report. feelings cannot ever, and I repeat, such f Opponents of the hate crime measure feelings cannot ever justify senseless IN OPPOSITION TO FAST TRACK have charged that it grants pref- acts of violence against innocent peo- The SPEAKER pro tempore. Under a erential treatment to certain groups. ple. previous order of the House, the gen- This is totally a false presumption. I ask my colleagues and the Repub- tleman from California (Mr. BACA) is Heinous crimes that target victims lican leadership to speak out against recognized for 5 minutes. solely on the basis of their race, their these hate crimes and secure passage of Mr. BACA. Mr. Speaker, I stand in color, religion, national origin or sex- H.R. 1343 as immediately as possible. opposition to the Fast Track legisla- ual orientation deserve enhanced pun- f tion that is being proposed. Our coun- ishment. Because hate crimes are as di- try is at war. We must prioritize safety verse as the persons who commit them, CONGRESS MUST PASS HATE CRIMES PREVENTION ACT and security of the American people. we are all vulnerable to becoming vic- There are lingering concerns of biologi- tims. Hate crime legislation is a reaf- The SPEAKER pro tempore. Under a cal contamination. The American peo- firmation, not a denouncement of our previous order of the House, the gen- ple continue to worry about anthrax, Nation’s commitment to civil rights tleman from Georgia (Mr. LEWIS) is about new reports from the administra- and equal protection under the law for recognized for 5 minutes. tion to be on high alert. Now is not the all Americans. Mr. LEWIS of Georgia. Mr. Speaker, time to move forward on the Thomas Furthermore, I reject the notion that now is the time to pass the Hate Fast Track legislation. a hate crimes bill would undermine one Crimes Prevention Act. Congress must The U.S. has officially entered an of the most important constitutional stand up and pass this legislation to economic recession. Millions of work- tenets, the freedom of speech. This send an important message to the ers are suffering: unemployed, no could not be further from the truth. American people and the world, that health coverage, and jobs lost. Terror- Racist groups and other extremists hate crimes will not be tolerated. ists have struck the American people would have the constitutional right to From the Justice Department de- in their pocketbooks. The holidays are preach and spread their propaganda. manding interviews from thousand of approaching. Hundreds are fearful of However, if those views translate into Arab-American men simply because of imminent layoff. Do you know what it premeditated violence against a person their heritage, to secretly detaining is like to be laid off, not being able to or persons because of their ethnicity, hundreds more, this country is sending make your payments, not being able to their religion, or their sexual orienta- the wrong message to its people and put food on the table, feed your chil- tion, then those perpetrators should be the world. Since September 11, we have dren, stand up with pride? It is very held justly accountable for their acts. seen a tendency in our citizens to difficult for many Americans who are The Texas legislature passed a hate strike out against those who they be- being laid off, who are now trying to crimes bill earlier this year after fail- lieve to be responsible. We continue to figure out a way to pay their bills. Now ing to do so during the previous legisla- hear reports of harassment and dis- is not the time to move forward with tive session. The bill was named to crimination against Arab Americans this Fast Track legislation. Expediting commemorate James Byrd, Junior, an and Muslims. There has been a rise in a trade negotiation is the last priority African American man who was all types of hate crimes. Congress must for the American people, the last pri- dragged to his death in Jasper, Texas, act now to send the right message. It ority for the American people in these in 1998 by three white men solely be- must pass the Hate Crimes Prevention trying times. cause of the fact that he was black. Act before we adjourn. International trade directly affects During the 1999 legislative session, America is Christian, Jewish, Mus- the lives and the livelihood of increas- the Texas House also passed a hate lim, black, white, Hispanic, Asian ing numbers of Americans. Congress crimes bill. Unfortunately, opponents American and Native American. We are cannot be confined to the back bench. We in Congress must be active and par- blocked consideration of the measure gay and we are straight. We are one ticipate in all international trade ne- in the Texas Senate. Even more dis- Nation. We are one people. We all must gotiations. The Thomas bill would have appointing was that then-Governor continue to live and work together to us serve merely as consultants. That is George Bush was silent on the issue create one house, one family: the not what we were elected to do. We and refused to pledge his support for American house, the American family. were elected to voice and protect the the bill. I am pleased that this year the The President has preached a mes- interests not only of my district but of sage of tolerance and respect and has legislature in Texas was able to remove the American people in general. The urged all Americans to be sensitive in the previous roadblocks and secure pas- Thomas Fast Track bill is an unfortu- this difficult time. This country, as a sage of the bill. nate manipulation of trade policy. However, now that Texas has com- whole, must heal and move forward to- Since September 11, broad bipartisan- mitted itself to hate crimes preven- gether as one Nation. We can do that ship has been a top priority. tion, it needs the tools to facilitate the by embracing the idea, the concept of enforcement. For this reason, I am the beloved community, a community b 1730 proud to be a cosponsor of H.R. 1343, based on hope, compassion, and justice, This bill serves in dividing the line. the Local Law Enforcement Hate a community at peace with itself. We This bill is driving a wedge between the

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.125 pfrm01 PsN: H05PT1 H8892 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Democrats, the Republicans, between Mr. Speaker, I think that every legal sure of the present situation to combat the Democrats and the high-tech com- or legislative step that can be taken to terrorism. munity. The partisan tactics of the combat hate should be taken. Hate is a We should not let our guard down and proponents of the Thomas Fast Track strong force in the world. It is a mon- become intolerant of any particular bill stands in stark contrast to the ster expressing itself in many ways. group. Immigrants in general are being President’s statement last week that The hate monster has us by the neck put on the spot. I have a large number the passage of Trade Promotion Au- all over the world, but terrorists that of people in my district from the Carib- thority would send a signal that Con- we are fighting in Afghanistan, bin bean. Through World War I, World War gress and the administration are Laden, the al Qaeda network through- II, Korea, Vietnam, they never found a united on trade. Congress is not united out the world, is motivated by hate. single Caribbean espionage agent from on trade. Now is not the time to move Hate seems to generate more fervor Haiti or any other Caribbean nation. forward with the Thomas Fast Track than love. People who are pushing love Why are they penalizing and putting legislation. and want to do things differently do those people on the spot and profiling Mr. Speaker, I would support legisla- not seem to have the same kind of mo- them in the situation that presently tion granting President Bush Fast tivation or energy. The people who exists? Track negotiation powers provided it want to destroy our democracy, they It is intolerant, unreasonable and addressed effectively the key issues of hate us because we will not cover our from our own agencies we should not labor and the environment and the role women in public, they hate us for a tolerate it. Let us take every step pos- of Congress. I am not against free thousand different reasons, and we sible. H.R. 1433 is an important step. trade. Unfortunately, this bill we will need to meet that with tactics and We do not need more hate in the world. vote on tomorrow fails to address the with strategies that are as strong as We need in our official conduct as well new realities of trade in an effective the hatemongers. as our personal conduct to do every- and realistic manner. We need to have in every way blan- thing possible to combat hate. The Thomas bill endangers a rare op- ket condemnations of hatred, intoler- f portunity to build a bipartisan con- ance, and we need to be very detailed The SPEAKER pro tempore. Under a sensus in support of tearing down trade in this country. In this country we can previous order of the House, the gentle- barriers in a way that would create get into the details of what is wrong. woman from California (Mrs. jobs and raise living standards around We need to condemn intolerance, and NAPOLITANO) is recognized for 5 min- the world. Labor and environmental we need to specifically condemn intol- utes. considerations are not merely social erance that relates to sexism or intol- (Mrs. NAPOLITANO addressed the considerations. The truth is that inclu- erance that relates to race or dis- House. Her remarks will appear here- sion of labor and the environmental ability. There are some people who, after in the Extension of Remarks.) some men in particular, who are very issues has real commercial significance f for the terms of trade. adamant in terms of the workplace, A growing number of people around and they cannot stand intolerance or POSTAL WORKERS PROVE DETER- the world, having experienced the neg- oppression by the boss or management, MINATION TO GET JOB DONE IS ative effects of free trade agreements, but they will exploit and oppress SECOND TO NONE we can look back at NAFTA, are oppos- women. The SPEAKER pro tempore. Under a ing accords such as the proposed free There are some people in certain previous order of the House, the gen- trade agreements because we know races who certainly will speak out tleman from Indiana (Mr. HILL) is rec- what we have experienced from many against racial intolerances, and they ognized for 5 minutes. of the jobs lost in the auto industry, will also oppress women. There are Mr. HILL. Mr. Speaker, ‘‘Neither the manufacturing industries, and some women who will certainly defend snow, nor rain, no heat, nor gloom of many other areas where people lost the rights of women to be equal, but night stays these couriers from the their jobs. they will oppress or be intolerant of swift completion of their appointed We need a different kind of trade people of other races. All of these rounds.’’ agreement, one that would benefit things add up to a situation that is These words ring truer now than ever working people and the environment in very complex. We cannot stop it by leg- before. In recent weeks, our country’s every country. We can no longer give islation, but legislation plays a key postal workers have once again proven free reign to the over-exploitation of role. We are the catalytic agent in the that their determination to get the job the workers who abuse not only work- process of helping people to deal with done is second to none. ers but children and the environment. hate, making our society as a whole Thankfully, the anthrax scare that We must protect the interests of hard- deal with hate. recently gripped the Nation has sub- working Americans and the hard-work- Nationality or ethnic origin is cer- sided. This does not mean that we ing individuals in our global commu- tainly unacceptable for hatemongers, should be less diligent when it comes nity. also; and, unfortunately, in our agen- to looking for lessons to draw from f cies of government, bureaucracies these acts of terrorism. Even now, it is sometimes express a bit of intolerance clear that commerce in this country is PASS HATES CRIMES and sometimes get into hate. Under the inextricably linked to confidence in LEGISLATION President’s pressures of terrorism, as our mail system. Maintaining con- The SPEAKER pro tempore (Mr. SIM- we mount our campaign against ter- fidence in the system requires that we MONS). Under a previous order of the rorism, I have seen in my own district do whatever is necessary to ensure the House, the gentleman from New York Pakistanis rounded up because they mail’s safety. (Mr. OWENS) is recognized for 5 min- are Muslim, and those Pakistanis when I was reminded of this a few weeks utes. they were interrogated, they may have ago as I toured postal facilities in Mr. OWENS. Mr. Speaker, I rise in some immigration problems, they have southern Indiana. Simply, I got an ear- support of the Hate Crimes Prevention been put in holding pens and jails in ful. Foremost in the minds of these Act offered by the gentleman from New Jersey outside of New York City. dedicated Hoosiers was the question of Michigan (Mr. CONYERS), H.R. 1433. I About 200 people in a 2-month period when would the mail facilities receive think there is nothing more important have been rounded up and held for 2 or the help needed to purchase and install that we are doing here in this session 3 weeks merely because they have an anti-biological irradiation equipment. than this Hate Crimes Prevention Act. infraction related to immigration but I hope the answer to that particular We are wasting our time passing junk not a serious crime. They asked to go question is sooner rather than later. resolutions, in many cases, and we do home, and, instead of being imme- The Postal Service needs our help. In not address an important piece of legis- diately processed out and sent home, the meantime, I have no doubt that lation like this. More than 200 Mem- they were held. One man even died Postal Service employees will continue bers have signed on as cosponsors of there because there is an intolerance in to brave the elements and the unknown this legislation. the FBI bureaucracy under the pres- and deliver the mail.

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.127 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8893 FUTURE ROLE OF WOMEN IN Above all, they must be allowed to hate by passing the hate crimes legisla- AFGHANISTAN practice their religious beliefs as Is- tion, and we can do so by speaking to The SPEAKER pro tempore. Under a lamic women without retribution. all parties who would come to the table previous order of the House, the gentle- It will be important to see that of peace to design peace in the Mideast woman from California (Ms. women are involved in the emergency and to design peace in Afghanistan. The hate crimes legislation that is so MILLENDER-MCDONALD) is recognized laya jerga since it appears that this is for 5 minutes. a real place where power and authority needed in this country would address Ms. MILLENDER-MCDONALD. Mr. will be exercised. the question of Leonard Clark, a 13- Speaker, I rise to continue to speak Mr. Speaker, I am pleased to present year-old African American teenager out on the critical issue of women in this report this evening. who was riding his bicycle one day in Chicago when he was accosted and bru- Afghanistan and their plight during f these perilous times. As Democratic tally beaten by three white teenagers. Chair of the Congressional Caucus on b 1745 The perpetrators have been charged with attempted murder, aggravated Women’s Issues, I have made it a pri- HATE CRIMES ority to address the House each week battery and hate crimes under the Illi- The SPEAKER pro tempore. Under a to provide a voice to the women who nois State law. However, the irony in previous order of the House, the gentle- have been silent far too long. It is also this case is that one of the key wit- my intention to continue to raise woman from Texas (Ms. JACKSON-LEE) nesses to the beating remains missing. awareness about the current state and is recognized for 5 minutes. A Federal hate crimes law would have the future state of women and children Ms. JACKSON-LEE of Texas. Mr. allowed for the full involvement of the in Afghanistan. Speaker, I rise this evening to offer my FBI in this case, thereby increasing the Today marks the conclusion of the thoughts on the importance of passing chances of capture and justice. Bonn negotiations for a post-Taliban in this body hate crimes legislation, In my own congressional district in government in Afghanistan. A new in- but also to ask this House to prioritize Houston in 1995, Fred Mangione, a ho- terim administrator will be in place by its work. Inasmuch as we can spend an mosexual, was stabbed to death, and his companion was brutally assaulted. December 22. While few women were in- enormous amount of time on some very The two men who were charged with volved in the current negotiations, I valid initiatives, I do believe that hate Mangione’s murder claimed to be mem- am happy to learn that women will crimes legislation, the passage of hate bers of the German Peace Corps, which take part in the rebuilding of their crimes legislation that has been offered has been characterized in media re- country. The new administration will in two previous congressional sessions, ports as a neo-Nazi organization based include five deputy prime ministers is long overdue and it is not being in California. At the time, this crime and 23 other members for negotiation. passed. did not meet the State of Texas thresh- Of the five deputy prime ministers, one I heard a colleague of mine just ear- old for trial as a capital offense be- is a woman. Women are also expected lier today talk about the climate in cause the murder did not occur during to occupy up to five other ministerial which we live. All of us have stood up against terrorism and have given to the commission of a rape or robbery. portfolios. One minister is to be estab- Justice failed us during that time lished solely for women and children. I the President the authority to ferret out terrorism and to bring to justice frame. am happy to report that there is I am very gratified to say that since progress being made. those who perpetrated the unspeakable crime on September 11, 2001. But, like- that time and since the brutal beating Under the proposed agreement, a spe- and killing and dismemberment of cial commission will be appointed wise, we have spoken against the in- dictment of the Islamic faith and all James Byrd, Jr., we have passed the within a month to organize the calling James Byrd, Jr., Hate Crimes Act in of an emergency legislature or tradi- Muslims. We realize that Muslims are not the crux of our problem inasmuch Texas. It was passed by Republicans tional constituent assembly of provi- and Democrats and signed by a Repub- sional leaders and notables. It should as the virtues of their faith talk about peace and justice. lican Governor. be called within 6 months and would So I speak tonight not in one voice. I would say that we experienced over have the right to revise the new in- I speak to all of my colleagues, and I the past weekend some terrible trage- terim executive and create other bod- am gratified that the gentleman from dies, terrible loss of life in the Mideast. ies that would serve for up to 2 years. Michigan (Mr. CONYERS) has offered It does us no good as well to speak hate The commission is also to ensure legislation and the gentlewoman from against either the Israelis or the PLO. that due attention is paid to the pres- California (Ms. WOOLSEY) continues to ence in the governing body of a signifi- In fact, it is most important that we bring us together so that we can speak cant number of women. The proposed look to speak to the issues of peace and in one voice. agreement foresees the drafting of a reconciliation and bringing people to- But even as we speak, we are still new constitution to be ratified by an- gether. facing attacks on our own American other legislature, with elections to Our first step to acknowledge to the citizens and those within our bound- take place at the end of that 2-year pe- world that we will not harbor hate is to aries, such as the statistics of 1995, riod. pass our own hate crimes legislation so 2,212 attacks on lesbians and gay men As women strive both inside the that we can say to the world we argue were documented, an 8 percent increase country and outside to contribute to- and fight against hate in this Nation, over the previous year. There have also wards shaping a meaningful future, we and we will stand against hate in the been numerous attacks on people of must demonstrate our resolve to help world. We cannot cry in a one-sided various backgrounds, whether they those Afghanistan leaders be involved manner. We must cry for all of those have been Jews or Asians, Hispanics, in all political and economic negotia- who lose their life. Native Americans or anyone that has tions from the outset. It is extremely So, as we talk about the passage of been different in our community. The important that there are not just a few hate crimes legislation, let us be re- hate crimes prevention act will protect women used as tokens but as real part- minded that we have those brothers these groups from targeted attacks be- ners and equal partners. Women need and sisters within our boundaries who cause they are members of these to be involved in every aspect of that feel that they have been discriminated groups. They likewise would protect country’s fabric. against because of their faith. We may women and others on the grounds of As I have said before, Afghan women have brothers and sisters around the difference. must be ensured of their basic human world who feel that these tragedies Mr. Speaker, I join with my col- rights once more such as access to safe that have occurred, that we have some- leagues today in simply saying we can drinking water and sufficient food; to what not understood their crisis and fight hatred with our own changed receive decent health and maternal that we do not look to seek peace. I hearts, but as well we can provide care; and, foremost, to again move would argue that we can find peace changed laws for America and pass the freely in their society without being here in this Nation and a recognition Hate Crimes Prevention Act of 2001 or subject to harassment and abuse. and reconciliation of our opposition to 2002.

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.129 pfrm01 PsN: H05PT1 H8894 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Mr. Speaker, the tragic events of September the very fabric of the moral code that all Amer- cern. Federal prosecutors should be empow- 11 have compelled this great country of ours icans innately support. The moment that Mr. ered to punish if the states are unable or un- to join efforts and resources in healing the Byrd’s tormentors chained his body against willing to do so. wounds and rebuilding lives. Our love for the cold, lifeless metal of their truck, they be- f America was never more evident than in the came something savage, something inhuman, OPPOSING FAST TRACK days and months subsequent to September and the very embodiment of hate criminals. 11. Flags are flown daily even embroidered on African-Americans have historically been the The SPEAKER pro tempore (Mr. SIM- clothing. We cannot stop showing our love for most frequent targets of hate violence in the MONS). Under the Speaker’s announced our country. United States, and they are among its prin- policy of January 3, 2001, the gen- Yet expressing our deep affections for our cipal victims today in many states. From tleman from Ohio (Mr. BROWN) is rec- country and what we have had to endure, lynching to cross-burning, and church-burn- ognized for 60 minutes as the designee must include ALL Americans. It must not be ings, antiblack violence has been, and still re- of the minority leader. exclusionary, but rather include all races, mains, the protypical hate crime—an action in- Mr. BROWN of Ohio. Mr. Speaker, creeds, gender, and sexual orientation. tended not simply to injure individuals but to earlier today I joined a number of my When Thomas Jefferson wrote the Declara- intimidate an entire group of people. Hate colleagues from the House and leaders tion of Independence he stated that, ‘‘We hold crimes against African-Americans impact upon of the most influential environmental these truths to be self evident that all Men Are the entire society not only for the hurt they groups in the United States to express created Equal.’’ Women, African Americans, cause, but for the tragic history they recall and opposition to so-called Fast Track, Native Americans, Hispanic Americans, Asian perpetuate. granting the President Trade Pro- Americans, and Jewish Americans have been In March of 1997, Leonard Clark, a 13-year- motion Authority. The presence of this too often historically, culturally, and prospec- old African-American teenager was riding his coalition highlighted quite impres- tively excluded from inclusion in that declara- bicycle home one day in Chicago, when he sively the solidarity of the environ- tion. was accosted and brutally beaten by three mental community on this critical President Abraham Lincoln stated so elo- white teenagers. The perpetrators have been vote. quently in his Gettysburg Address, ‘‘Our Na- charged with attempted murder, aggravated Another thing that underscores the tion must struggle . . . in order to create a battery and Hate Crimes under Illinois state solidarity of the environmental com- more perfect union’’. The problem with our law. However, the irony in this case is that munity against the Thomas bill is the struggle today is our judiciary system’s inabil- one of the key witnesses to the beating re- stern warning issued by the League of ity to effectively address violent acts of hate mains missing. A federal hate crimes law Conservation Voters that it will likely crime in our society. It is particularly difficult would allow for the F.B.I.’s full involvement in score this vote. The LCV takes its scor- because there is no current law that makes a this case, thereby increasing the chances of ing seriously and to ensure balance in hate crime a federal offense. We need Hate capture, and thus, justice. its ratings only scores environmental Crimes legislation to ‘‘create a more perfect In my Congressional District in Houston in votes for which there is absolute una- union.’’ 1995, Fred Mangione, a homosexual, was nimity in the environmental commu- Early in 1987, a public controversy devel- stabbed to death, and his companion was bru- nity. The League of Conservation Vot- oped between William Bradford Reynolds, As- tally assaulted. The two men who were ers has never before scored a trade sistant Attorney General, Civil Rights Division, charged with Mangione’s murder, claimed to vote. That means the environmental and prominent civil rights advocates. Reynolds be members of the ‘‘German Peace Corps,’’ community has never been so focused stated that racial violence was not increasing, which has been characterized in media reports on and so unanimously supportive of basing his assertion on informal surveys of as a neo-Nazi organization based in Cali- and so involved in a trade vote in this Federal prosecutors and the number of civil fornia. This crime did not meet the State of country’s history. rights complaints being filed with the Justice Texas’ threshold for trial as a capital offense, Why is there such urgency in the en- Department. Civil rights advocates asserted because the murder did not occur during the vironmental community in opposition the contrary, that racial violence was in fact in- commission of a rape or robbery. to the Thomas Fast Track proposal? In recent years, attacks upon gays and les- creasing, basing their assertions on data sup- Because this bill would do nothing, bians are increasing in number and in sever- plied by the Justice Department’s own Com- would do nothing to prevent countries ity. During 1995, 2,212 attacks on lesbians munity Relations Service, which reportedly in- from lowering their environmental and gay men were documented—an 8% indicated a rise from 99 racial incidents in 1980 standards to gain unfair trade advan- crease of the previous year. tages. It would do nothing to require to 276 in 1986. There have also been numerous attacks that the environmental provisions be This controversy ultimately led to the pas- against Jews, Asians, Hispanics, and Native included in the core text of our trade sage of the Hate Crime Statistics Act, enacted Americans. Fortunately, the Hate Crimes Pre- April 23, 1990. This law required the FBI to vention Act would protect these groups from agreements, because it would do noth- collect, compile, and publish statistics on hate targeted attacks because they are members of ing to ensure that the environmental motivated crime. Since then, Federal legisla- these groups. provisions in future trade agreements tion has moved beyond data collection on the Examination of hate crimes statistics sadly are enforceable by sanctions. incidence of hate crime activity, to include new reveals that Mr. Byrd’s murder was not an iso- Instead, it would transfer the burden provisions requiring stiffer penalties for bias- lated incident. The FBI releases the totals to consumers and to regulators to motivated criminal activity. Also, it has des- each year for hate crimes reported by state prove that the science underlying do- ignated a new category of individuals, to in- and local law enforcement agencies around mestic regulation is beyond dispute, re- clude those with disabilities. the country based on race, religion, sexual ori- sulting in a downwards harmonization According to the Hate Crimes Statistics Act, entation or ethnicity. These national totals of our environmental laws, a rollback a hate crime is defined as acts which individ- have fluctuated—6,918 in 1992, 7,587 in of environmental laws, a weakening of uals are victimized because of their ‘‘race, reli- 1993, 5,852 in 1994, 7,947 in 1995, and 8,759 environmental regulation. It would en- gion, sexual orientation, or ethnicity.’’ In this bias-motivated criminal incidents reported in courage Western companies to build statute, hate crimes are those in which ‘‘the 1996. Of the 8,759 incidents, 5,396 were moti- manufacturing plants in countries with defendant intentionally selects a victim, or in vated by racial bias; 1,401 by religious bias; the least stringent environmental laws, the case of a property crime, the property that 1,016 by sexual-orientation bias; and 940 by and, as a result, cost skilled American is the object of the crime, because of the ac- ethnicity/national origin bias. workers good-paying jobs. tual or perceived race, color, religion, national A Hate Crimes Prevention Act would send a It would allow future trade agree- origin, ethnicity, gender, disability, or sexual message that perpetrators of serious, violent ments to include provisions like orientation of any person. hate crimes will be prosecuted to the fullest NAFTA’s chapter 11, encouraging so- But despite our historical progress and de- extent of the law. Hate crimes that cause called regulatory tax claims by foreign spite our laws, how far have we really come? death or bodily injury because of prejudice companies and threatening hard-won Just when we thought that our Nation had built should be investigated federally, regardless of democratically enacted laws and regu- a foundation for peace and harmony, three whether the victim was exercising a federally lations that protect our natural re- attackers in a small town in Texas, shattered protected right. sources. the illusion with an atrocity beyond imagina- It is time for the Congress to act. Violence This investor-state relationship cast tion. The so-called ‘‘dragging’’ murder DEFIES based on prejudice is a matter of national con- by chapter 11 of the North American

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.035 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8895 Free Trade Agreement exemplifies the health and safety of our Nation, and trade agreements as providing perhaps greatest imaginable abuse of our demo- then to have entered into an agreement protections to our citizens that under cratic principles. It allows private cor- that would allow a for-profit foreign the international trade laws would be porations to sue a sovereign govern- corporation to bring suit against our deemed inappropriate or inconsistent ment and overturn domestic health and government based on their objections with those laws, that there could actu- safety laws. to what we think is best for the United ally be legal action taken against our Think about that for a minute. A States of America, it seems to me if we government by a foreign corporation to country can pass a law that that coun- were to allow that we are relinquishing try to force a change in the domestic try’s democratically elected legislative our constitutional responsibilities. law of this land. Is that a correct inter- body contends, believes, will in fact Who are we responsible for rep- pretation? help the environment and promote pub- resenting and protecting, some foreign Mr. BROWN of Ohio. The correct in- lic health. A company in another coun- national company, a multinational terpretation in this case, it is very pos- try, a privately owned large corpora- company with no particular allegiance sible that a steel company in Mexico or tion in another country, can go to to any country, any democratic prin- Canada might sue the U.S. Government court and sue the government, the ciples, any form of government, but for passing a provision like that, say- democratically elected government, whose bottom line is in fact profit? It ing that is an unfair trade practice, even force that democratically elected just seems almost unbelievable to me and might be able to get the NAFTA government to repeal its environ- that we would ever allow that to hap- tribunal, the three-judge panel, to mental law to weaken its public health pen. It is an unconscionable thing. It is overturn U.S. law. difficult to even contemplate that this regulations. b 1800 U.S. Trade Representative Bob government would ever permit that. Zoellick, a Bush appointee, is com- What the gentleman says, I assume, One of the reasons they do that and mitted to including those same anti- is an accurate interpretation of what one of the reasons these three-judge consumer, anti-environmental, anti- the circumstances would be. panels have decided against public public health, anti-combat-bioter- Mr. BROWN of Ohio. Even people health laws, against environmental rorism provisions in Fast Track. Under that support Trade Promotion Author- protections passed by a majority of this provision, not only can laws be ity acknowledge that that is what that this House and Senate and signed by overturned, but taxpayers of the sub- provision does. When it was put into the President, or consumer protection ject nation can be liable for damages if NAFTA in 1993, when this Congress in a or any of those laws, is because of the a NAFTA tribunal rules that a law or very narrow vote passed NAFTA in No- nature of those three-judge tribunals, regulation causes an unfair barrier to vember of that year, people did not those panels. They are made up of free trade. quite understand that provision. trade lawyers, not public health ex- That sounds pretty outrageous. It That provision was sold to the Con- perts, not consumer protection experts, makes one incredulous. It sounds like gress and to the American public. Even not environmental experts. They are it could not happen, but it actually though the three of us all voted against made up of trade lawyers. happened. When Canada passed a law to NAFTA that are talking this evening, They meet behind closed doors. They promote clean air in automobile emis- this afternoon, that provision was sold do not accept petitions or testimony sions, Canada’s public health commu- to protect American investors in Mex- from third parties, and they then can nity said this is important to fight can- ico where the government might expro- turn around and repeal a sovereign na- cer in Canada. A U.S. company sued priate or take their properties. tion, as we are, as Mexico is, as Canada Canada in a NAFTA tribunal. The U.S. But in fact it is clear that the way is. They can repeal a sovereign nation’s company won the case against Canada, that has worked is time after time public health and environmental laws. which had passed a public law pro- after time corporations have sued for- So when we have these panels made tecting the public health. Canada had eign governments, in this case Canada, up of trade lawyers who typically sit in to repeal its public health law. Canada Mexico, the United States, a corpora- downtown offices and rule on trade had to pay this American company $13 tion in one of the three countries has issues and decide the arcane minutia of million. sued a government in one of the other trade issues but do not have any real Sometimes it will be against Canada two, and each time, in almost every expertise or any real interest in envi- and a democratic law there, sometimes case, the government has lost, the gov- ronment or public health issues and it will be against the United States and ernment which passed these laws to policy and laws, we lose time after a public law here, sometimes against protect in most cases the public health, time after time. We have lost public Mexico, France, Germany or wherever. sometimes the environment, some- health laws and environmental laws re- I am joined today by my friend, the times consumer protection law, but peatedly in the World Trade Organiza- gentleman from Ohio (Mr. STRICK- laws that were passed by those govern- tion with those same secret panels LAND), and the gentleman from Michi- ments were repealed. It is almost so making those decisions. We do not gan (Mr. BONIOR). The three of us unbelievable that you cannot believe know anything about the proceedings worked many years ago in opposition that this Congress would do it. and, all of a sudden, it is in the paper. to NAFTA, and the gentleman from Mr. STRICKLAND. I was just think- We get a notice. Michigan (Mr. BONIOR) in those days, ing very recently, in fact, just a few Mr. Speaker, I yield to the gentleman as he has continued to, has led the op- days ago, we were able to get an from Michigan (Mr. BONIOR). position to these agreements. amendment in the defense bill that Mr. BONIOR. Mr. Speaker, to follow I yield to the gentleman from Ohio would require that any steel used in up on this very good discussion on sov- (Mr. STRICKLAND). the military apparatus that would be ereignty here, it gets to not only the Mr. STRICKLAND. I would like to purchased with funds in that bill would question of multinational corporations, say to my friend from Ohio that as I have to be American-made steel. foreign corporations in the example am standing here listening to what you I remember as we were discussing that the gentleman from Ohio (Mr. are saying, it causes me to think there and debating that possibility, there STRICKLAND) gave, but there is also a are some in this Chamber who are will- were those who said, well, this would taking away of local units of governing to relinquish their responsibilities be acceptable, because there is an ex- ment’s power and State units of gov- to protect the ability of this country to emption for these kinds of decisions ernment’s power. make sovereign decisions in the best that relate specifically to national se- For instance, we have a particular interests of the people that we were curity. But what the gentleman is say- problem in my State of Michigan with elected to represent. ing, I believe, is that in most cases trash, garbage, coming in from Canada. I mean, to think that we in this body there could be a decision made by this Toronto has decided that it is much as representatives of the people could House of Representatives, the Senate easier, more economical, less hassle, to come together in a deliberative proc- of the United States, legislation signed bury all of their waste in Wayne Coun- ess, make a decision that we collec- into law by the President, and if it was ty, Michigan, which is the county the tively feel is in the best interests of the interpreted to be in violation of these City of Detroit is located in. So they

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.131 pfrm01 PsN: H05PT1 H8896 CONGRESSIONAL RECORD — HOUSE December 5, 2001 haul their garbage across the Ambas- our backyard or out our window, or progressive, good government that sador Bridge, the Bluewater Bridge in whether or not we are going to be able helps the public, and then these groups my area up in Port Huron. We have a to go to the supermarket and get food turn around now, these big companies, couple hundred trucks a day that come that we are assured is going to be safe and they sue democratic governments across there with garbage, and God for us to feed our families. to stop, to overturn their environ- knows what is inside these facilities, I mean, it gets down to some really mental laws and weaken their food and they take it to a dump, and they basic things here. We are trying to safety laws and hurt their labor laws dump it there. bring the argument and trying to make and try to devastate so many of the Now, let us assume that we try to the American people see that under the protections that we have been able to overturn the basic law of this country cloak or the disguise of this legalese accomplish as a society, with people which says that garbage companies are debate we are having here on ‘‘fast pushing their Congress to do the right free to move garbage anywhere they track,’’ that it is going to affect everything. want to vis-a-vis the Interstate Com- body in this country in a dramatic Now some faceless bureaucrats on a merce Clause of the Constitution. way. trade panel, a NAFTA tribunal can, out There was a court ruling that was Mr. Speaker, I thank my colleagues of the public light, in a back room, made in 1992, I believe, on the Fort for raising the issue. simply wipe away those kinds of envi- Gratiot landfill case which went all the Mr. BROWN of Ohio. Mr. Speaker, ronmental laws. way to the U.S. Supreme Court. none of the three of us is a lawyer; and Mr. BONIOR. And then, Mr. Speaker, If we decided in this institution or we are explaining, in a sense, a legal go to the lowest standard, go to the the State of Michigan decided in their procedure here that really is pretty lowest standard. That is what they are legislature to say, no, you cannot do simple. It is a question of increasing after. They want to take us back to that, you cannot bring your garbage corporate powers by turning over our where we were when people used to and make Michigan a dumping ground, sovereignty, turning over our ability to take canaries down in a birdcage. They that company or those companies, make democratic determinations, go to the lowest standard, and the low- those trash haulers, those garbage whether it is where a community puts est standard is often in the developing companies could go to court and say, its trash, whether it is a food safety world. well, wait a minute. This is an impedi- law, whether it is a clean air regula- It is in countries that are trying to ment on free trade. This is an impedi- tion, whether it is a public health pro- develop a body of law but cannot get ment of moving commerce. And those gram. We are saying in these agree- there because of the international cor- kinds of panels that the gentleman ments that we will cede power from a porate pressure not to go there, to keep from Ohio (Mr. BROWN) just alluded to democratic government to a private wages low, to keep standards low. They could make the decision that what we corporation. cannot get there because labor unions Mr. Speaker, when we come to this do here or what they do in the State of cannot form because of that same kind institution, we have seen this kind of Michigan is irrelevant, because it im- of pressure. They cannot get to our corporate power in this institution. pedes trade. standard. Now, there are hundreds of U.S. laws There is not much doubt that corpora- So because they cannot get to our on the environment, as the gentleman tions wield huge amounts of power standards because of institutional pres- pointed out, on food safety, on anti- when we try to pass strong food safety sures within their own country, these trust, on just laws that deal with peo- laws, we try to pass good public health corporate entities now have bonded to- ple expressing themselves at the local laws, clean air laws, bioterrorism laws, gether with them and are trying to level about a policy on human rights protections for our food supply, labor bring down our standard here. that they may object to, which may be standards, minimum wage. Whenever taking place in a regime that is perse- we try to pass a bill like that, it is al- Mr. BROWN of Ohio. Mr. Speaker, be- cuting its people abroad that could be ways met with huge resistance from fore I yield to the gentleman from Ohio struck down as a result of empowering the largest corporations in the coun- (Mr. STRICKLAND), we are joined by international panels and taking away try, the largest corporations in the three other Democrats, and they are the power from this institution, local world. So we, in many cases, overcome the gentleman from New Jersey (Mr. and State governments. that resistance and do what is right for PASCRELL); the gentlewoman from So this is real serious stuff, and it the public. Texas (Ms. JACKSON-LEE); and the gen- goes way beyond just dollars and cents I wear this lapel pin which symbol- tlewoman from California (Ms. SOLIS). in trade. We are talking, as the gen- izes a lot of things to me. It is a canary Let me yield to the gentleman from tleman pointed out, about food safety, in a birdcage. One hundred years ago Ohio, and then the rest can join in. health care, human rights, antitrust, the miners used to take a canary down Mr. STRICKLAND. Mr. Speaker, I labor law. You name it. It is all kind of in the mines in a birdcage, and if the will be very brief. But I think it is im- wrapped up here. canary died, the miners they had to get portant for those who are listening to If I could make one other point and out of the mine. It was the only protec- us to understand why we are here to- then yield back to those who have the tion they had. The government did night, and it is because we are going to time, that is the broader issue here of nothing to help them. be called upon tomorrow to cast a vote, relinquishing our power as a Nation In these 100 years, when 100 years ago and we are going to cast a vote that and as a State and as governments. But the average child born in this country will protect the sovereignty of our Na- the more internal debate to that is could live to be about 47 in terms of the tion, or we will cast a vote that poten- what this institution, this U.S. House average, in those 100 years this institu- tially will turn over all the decision- of Representatives is doing in terms of tion has passed minimum wage laws, making that is important to all of the receding from the powers that the Con- safe drinking water, pure food laws, multiple millions of people that we col- stitution gives us in Article I, Section Medicare, Social Security, clean air lectively represent to this three-panel 8, which is the power to deal with trade laws, worker protections, mine safety. assemblage. laws. We are handing that over to the We have done all of those things Now, I would like to ask the gentle- executive branch. It is very, very dis- against great resistance from the woman from Texas, and I think I know turbing, the change in the balance of wealthiest, most privileged people in the answer, but which American citi- power switching over to the executive society. We have been able to do that zens are able to vote and select any of branch and to corporate America, basi- in this institution. those three persons that would be in a cally, here. That is what is going on. Now, even when we do that, we are position to make decisions regarding This may seem a little arcane to peo- going to see corporations in one coun- the health and safety and security of ple, a little not too clear because of its try try to overturn the laws we have this Nation? Is any American citizen legalistic implications and language, done. So we passed them with great dif- ever going to be in a position to cast a but I can assure my colleagues that it ficulty against huge campaign con- vote to select these persons who are gets right back down to whether or not tribution dollars and lobbying and all going to be making decisions for all we are going to have garbage buried in of the special interest groups that fight Americans?

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.133 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8897 Mr. BROWN of Ohio. Mr. Speaker, be- worked in a bipartisan way. We wish many different aspects, because they fore the gentlewoman from Texas an- we could have had more people at the are our communities. swers, here is an additional question. Is table. As it relates to the environment, But we cannot disown our values to- anybody even going to know the names we are finding out that there is no ad- night and tomorrow, and we must be of the people that sit on that panel? dressing of the environment in the able to say that the two of those could Ms. JACKSON-LEE of Texas. Mr. Thomas bill. have come together if we would have Speaker, obviously, absolutely not. had a process where all of our voices b 1815 And as the gentleman makes that could have been heard. point, the people’s House, the rep- There are no legal or technical incen- Mr. BROWN of Ohio. Mr. Speaker, I resentatives that come to the people’s tives to make sure we strengthen the thank the gentlewoman of Houston, House, are themselves barred from environmental laws and regulations. Texas, who always articulates so well even speaking on behalf of the people Then I would like to speak to, as I her views on this and so many other for having any oversight into this kind sort of draw to a close, the idea of the things. of legislative initiative. So I see no op- point that the distinguished gentleman When we talked about articulating portunity for the people to speak about from Ohio (Mr. BROWN) made; that is our values and representing those val- this legislation. regarding the oversight, the voice of ues, I think about what the President’s Mr. Speaker, I would be happy to fur- the people, the people’s House being Trade Representative, Robert Zoellick, ther the point of the distinguished gen- able to speak. has been saying the last month or so. tleman, because I think it is a very With a narrow three-person body, He has been really saying that those valid point. I rise to suggest to my col- there is no opportunity in the bill that of us, whether it is the gentleman from leagues in a bipartisan manner that a will be on the floor tomorrow for us to New Jersey (Mr. PASCRELL), the gentle- far better approach would have been if have congressional oversight, for there woman from California (Ms. SOLIS), the we had accepted both the offer and the to be an involvement of the people’s gentleman from Ohio (Mr. STRICK- interest some years back of the gen- voice; for the voters who have voted for LAND), the gentleman from Michigan tleman from New York (Mr. SWEENEY). those in this body and elsewhere to be (Mr. BONIOR), any of us in this institu- I do not come to the floor to quote or able to have oversight over whether or tion, Republicans and Democrats alike, to put words in the gentleman’s mouth not human rights is being protected, who oppose this trade agreement, he at all, but I do remember some years whether or not we are using child really has questioned our commitment back when these discussions were com- labor, whether or not we are using to American values and whether we ing about and there was some interest slave labor. want to join the antiterrorism move- to be able to hear the vital points that And believe me, Mr. Speaker, it ex- ment. labor had to offer about how we can ists. In Afghanistan, children are mak- In fact, when one supports the posi- truly have the working people’s trade ing bricks who are 8 years old and 7 tion we have taken against these trade bill. I believe that he had some very years old. As we went to Bangladesh agreements, we in fact are supporting meritorious points that would have al- and other places around the world, American values, because American lowed us, even to this point, to come there is child labor. We are trying to values are things like free elections together with a bill that would have work against that. and believing in the Constitution and answered many of the concerns that However, the point is if Congress has supporting workers around the world, are totally ignored in H.R. 3005, which no oversight, and we have a small body and building a better environment and is the Thomas bill. that does not have to listen to us, then more consumer safety and food safety, That is, if I can point out, number who is to say that these violations will and all of that. one, there are no labor standards what- not be promoted? That is why it is too bad that their soever. Right now in my district I have I am going to vote for the Rangel campaign in support of this and their 4,000 people laid off by one of our very substitute because I believe we have arm-twisting, especially in the last 72 vital companies. We may have a total ways of making a difference, but I am hours, has taken on a tone of ‘‘you are of 10,000. I would venture to say that ashamed that we would put forward either with us or against us; you are ei- those constituents are really looking legislation like this that does not an- ther against terrorism or you are for for jobs right here, and their priorities swer the question of labor, working terrorism, or you are against American are more about how they are going to with those who believe working people values or for American values.’’ survive over the holiday season. deserve a decent place to work; and We are joined by two other people. I have taken trade on a case-by-case does not address the environment, be- The gentlewoman from California (Ms. basis, looking to see opportunities cause I am shamed that if I have a SOLIS) is a freshman member who has where we could work together. In this minimal amount of a good quality of devoted her entire career to fighting instance, I have higher priorities, and life here in America, that I would put for social justice. The gentleman from that is to be able to assist those indi- on others a devil-may-care attitude: New Jersey (Mr. PASCRELL) raised some viduals in finding jobs, keeping jobs, Who cares about how you function and very important constitutional ques- and providing for their families. how you live? tions of sovereignty that we touched Tomorrow we are going to be asked, Finally, I would say that we who on and the gentleman from Ohio (Mr. rather than dealing with those needs, have been elected by the people of this STRICKLAND) touched on earlier, all the unemployment needs of America, great Nation, who cast their vote for us four of us. to put forward a bill that disallows any to go to the people’s body, are totally He has really attracted a lot of inter- type of labor standards so that coun- blocked and excluded from any over- est in his views of the Constitution and tries with poor labor standards will sight to protect the values of the peo- why this Trade Promotion Authority maintain those standards; and, in fact, ple who we represent, from human really does undercut our constitutional under the present bill that we have, the rights to the rights of children to the provisions and sovereignty. underlying bill, countries with poor rights of women to the fairness in the Mr. Speaker, I yield to the gentle- labor standards are not required to judicial system or court system. None woman from California (Ms. SOLIS). have or implement any of the five core of that comes to us now. We just abdi- Ms. SOLIS. Mr. Speaker, I thank the standards. So no labor standards what- cate our responsibilities. I believe that gentleman for yielding to me. It is an soever. That suggests to me that, rath- we cannot do that and that we must honor to be here tonight to talk about er than benefit from jobs being gen- stand up and be heard. this very important issue, one that hits erated, we will lose by jobs being lost I thank the gentleman from Ohio home directly for me. to other places, because someone will (Mr. BROWN) for his untiring work on As a former State Senator in Cali- try invariably to avoid following any this issue, bringing to the people the fornia, back in 1995 I had the dubious labor standards. point that none of us coming from our distinction of representing a district Might I also say that, in talking to districts disown our business commu- where it was found that 72 Thai women many corporations, I have heard them nities. We work with them; and we do workers were held hostage, slave labor saying that we wish we could have a lot for them, I believe, in many, here in our own country, 72 women.

VerDate 05-DEC-2001 03:23 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.135 pfrm01 PsN: H05PT1 H8898 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Some had been there for 7 years. Some not go home and turn our backs on border they were making 90 cents an were not paid overtime. Some were not working families. Working families hour. even paid minimum wage. want to know that we are going to take They were almost in the shadow of My whole opinion on this matter is care not only of the domestic front the factory where they worked. When that if we do not have enough support here but also those relationships that one looks at one of these shacks or here in our own borders at times, how we want to set across the country. neighborhoods in these so-called can we also, with all honesty and in- I know that in Tijuana, for example, colonias, we see ditches separating tegrity, go out and expect other coun- there is a Hyundai factory along the some of the shacks with some sort of tries that have records that are much border there. People tried to organize effluent running through them. It more egregious than ours to meet these there, some Mexican workers. They could have been industrial waste, standards that we want to set, that the were told not to worry, they will get human waste, who knows. Children are American public wants to set? their opportunity. Women and men playing nearby. I can tell Members firsthand how dif- were stuck in a situation there that The American Medical Association ficult it is trying to secure rights for was very unsafe. There were pools of calls the border a pool of infectious dis- workers now, for immigrant workers in water, electrical lines running, and no eases. They say it has the worst health our own country, along the border and safety protections whatsoever. These conditions probably in the whole west- in East Los Angeles, and the city of El people were putting their lives at risk ern hemisphere. These workers are working 10 hours a Monte in the San Gabriel Valley, which to build automobiles that were going day, 6 days a week and cannot afford to I represent, that people are even being to be shipped all over the world and paid minimum wage, and they are have any kind of a decent lifestyle. probably right here in our own home They work in these wonderfully mod- sometimes not allowed to bargain or States. join a union. ern plants, in many cases; but they do I know if people in my district knew not share in the wealth they create. I know in Mexico and other parts of the conditions that other people were Central America and South America They create this wealth for General being forced to work under, they would Electric, and they do not share in the and other parts of the world, people are think twice. And nobody talks about not allowed to join a union. In fact, wealth they create. that. In Ohio, in New Jersey, in California, they are tortured, they are harassed, Mr. BROWN of Ohio. Mr. Speaker, they are told why they cannot and that workers help to create wealth for their one interesting thing that my friend, employer and share in that wealth. they will be fired and they will lose the gentlewoman from California (Ms. their jobs and they will go hungry. They get something for that. They get SOLIS), said, people who are supporting These are the kinds of things that a decent living standard. They can send these trade agreements said if we do the public should know. their kids to college, buy a car, or buy Mr. PASCRELL. Mr. Speaker, if the these trade agreements, it is going to a house. gentlewoman will yield for a comment, lift up living standards in Mexico and Mr. Speaker, I yield to the gentleman the gentlewoman from California has in China, and the Chinese will be freer from New Jersey (Mr. PASCRELL). brought up a very important point. Is and democracy will break out, and all Mr. PASCRELL. I am listening to my it not ironic that the very people we of that. brothers and sisters here, and I have invite to our shores, ‘‘Give us your There is no evidence of that in China. listened to folks on both sides of the tired, your hungry,’’ come here from In fact, it is every bit as oppressive and aisle. I was just as opposed to this when President Clinton was there, and countries that we are now transporting repressive a regime as it was 3 or 4 I am an equal opportunity opposer jobs to? years ago, or 2 years ago when the gen- We are talking out of both sides of tleman from Ohio (Mr. STRICKLAND) right now. I want to make very clear to every- our mouth, and the gentlewoman from and the gentleman from New Jersey body, and particularly to those who California has to deal with it, as many (Mr. PASCRELL) and I worked against stood on this floor and talked about of us on both sides of the aisle have to giving China most favored nation trad- ‘‘Buy America,’’ well, we hope there deal with unemployment problems. It ing privileges. are items that are manufactured in is growing. We are losing our manufac- I want to briefly tell a story in line this country that we can buy. We are turing base. of what the gentlewoman from Cali- losing our wherewithal. People earned It just struck me when the gentle- fornia (Ms. SOLIS) told. their identity when they came to this woman was speaking, that very exam- About 4 years ago, when Fast Track country and worked with their hands ple, that very anecdotal story the gen- was defeated in this body, and it has to produce products. tlewoman is presenting to America, been defeated twice in the last 4 years, and will be again tomorrow, I went This is a critical vote tomorrow, one and her heart and sincerity are in it, that between 10 and 20 of us will decide, that we are talking out of both sides of down to sort of look at how NAFTA worked. NAFTA had been in effect 4 or in the final analysis. our mouths and inviting people here Every poll, and the gentleman from 5 years then. I wanted to get a picture and then transporting jobs to their Ohio I think will support what I am of the future, and to put a human face countries. They are needed here first. going to say, every poll indicates the We know our international responsibil- on trade and on NAFTA, and on what American people do not want to trans- ities. we had to look forward to if we passed fer the powers in the Constitution from Ms. SOLIS. Mr. Speaker, I just want Fast Track. the House of Representatives, from the to encourage the public to know that I went to a home of a husband and Senate, to the executive branch. many of us here in Congress do want to wife, and it was nothing; you could not I can cite four or five different ways have this very serious debate, but we describe it as anything else but a shack in which the power of the Congress has have been left out. In fact, we have maybe 20 feet by 20 feet, with dirt been eroded over the past 20 years. This been left out all the time. We are los- floors, no running water, no elec- is not the way to do it. So if Members ing jobs. In my district, we are looking tricity. want to buy American, they have to at unemployment rates of over 9 per- The husband worked at General Elec- have something to buy. There needs to cent. tric, an American company, and the be something to produce, to be pro- I am going to talk about that later wife worked at General Electric. They duced. on this evening. But the fact of the each made 90 cents an hour. There were Then, there are those who want to matter is that the people we are inspir- dirt floors, no running water, no elec- try to sway, in the final hours, this ing here in our country to support us, tricity. When it rained, the floor vote. They say, What we are going to to stick with us, we are telling them turned to mud. This was just 3 miles do is make sure that we have trade ad- one thing and we are doing another. from the United States of America. If justment assistance; or, in other words, Our actions are showing them that we they had been on our side of the border, it may not be all that good, but what do not care about the quality of life for they would be making $15, $17 an hour, we will do is we will have some money our families here. perhaps, with good health care bene- over here; and, by the way, it is author- We have to make a statement, and I fits, a retirement package, in all likeli- ized, not appropriated, not appro- am proud to be here to say that we can- hood. But on the Mexican side of the priated; but they say, we will have

VerDate 05-DEC-2001 03:50 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.137 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8899 some money over here to help those long-term goals that are not going to Those are generally industrial jobs. that are unemployed. It has not bring any stimulation to this economy They are well-paying jobs. They are worked in the past, and we know how over the next 2 or 3 years. We are only jobs that pay benefits. They are jobs many jobs have been lost under kidding ourselves. where people pay into Social Security, NAFTA. In terms of the WTO, the World a fund that, because of Republican tax There are two things, two things, in Trade Organization, disappointed that cuts, is now more in jeopardy than ever the final hours of this great debate, this body has progressed to where it before. They pay into Medicare, a fund with respect to all sides here, two mo- should be, within this Fast Track bill that is in jeopardy because of Repub- tivating forces of the opposition, or there is nothing we can do about that licans bailing out insurance companies. those supporting giving the President either, nothing. The WTO can be a And look where we are when we pass this sole power and leaving us out, re- body that advances the ball on such these kinds of trade policies. It is sim- gardless of what words they put in issues as labor and the environment ply not working when we have those there: stimulus and national security, but only if we force the issue, and I kinds of trade deficits to get worse and stimulus and national security. might add, over 25 years we have forced worse. They have sent some of the first-line the issue on workers rights and envi- Mr. STRICKLAND. Mr. Speaker, will troops out to talk about national secu- ronmental protections to no gain, to no the gentleman yield? rity, that this is important: if the gain. It has been talk, it has been Mr. BROWN of Ohio. I yield to the President does not have Fast Track, we cheap, and it has been profuse, but it gentleman from Ohio. cannot defend America. has not brought a change about in our Mr. STRICKLAND. Mr. Speaker, I Mr. STRICKLAND. Mr. Speaker, will trade policies whatsoever. thank the gentleman from Ohio (Mr. The high American standards that the gentleman yield? BROWN) for yielding. Mr. BROWN of Ohio. I yield to the are commonplace worldwide if we push The gentleman’s discussion of the gentleman from Ohio. this issue, we know that other coun- imbalance in our trade reminds me of a Mr. STRICKLAND. We have been tries do not have the labor standards friend that I had some years ago who talking among ourselves in a bipar- that we have and environmental stand- frequently played the Ohio lottery. He tisan way about the crisis facing the ards. We understand that. We under- would put 50 or more dollars every stand that. We are not minimizing steel industry in this country. The week into the Ohio lottery, and, occa- other nations. What we are saying is President himself has said that main- sionally, he would win $10 or $20 or $50. we cannot be foolish in the face of what taining a domestic steel industry is a And, guess what, he was very free in we want to negotiate. Let us have re- national security issue. I believe it is. telling everyone, oh, I hit the lottery. ciprocal trade agreements, and we have How can we produce the military hard- He was happy that he got his $50, but had reciprocal trade agreements, where ware we need if we do not have steel he seemed to have forgotten that week we, on a piece of paper, agree that we that is produced domestically, without after week after week he had lost 50 or are going to respect the rights of other having to rely on foreign steel? more dollars. nations to decide their own fate. That is the way we talk about the b 1830 Why should we keep our rates low trade situation here. The administra- while other nations will not allow our These are serious matters. And the tion and those who are for Fast Track gentleman from New Jersey (Mr. goods in? And, in many cases, the people in those countries cannot afford our will say, oh, since NAFTA we send PASCRELL) mentioned transferring our more agricultural products to Mexico. authority, the House and Senate au- goods and services, and we are sacrificing, we are sacrificing the brothers’ They do not want to talk about the thority, to the executive branch. What flood of products that are coming in really troubles me is then the execu- and sisters’ jobs in this country. Mr. BROWN of Ohio. Reclaiming my from Mexico and from other countries. tive branch transferring that authority time, during the NAFTA debate in 1993, Mr. BROWN of Ohio. As living stand- to some international body of we stood in this hall, the gentleman ards continue to go down in Mexico, I unelected representatives, so that the from Ohio (Mr. STRICKLAND) and I, for would add. American people have no representa- much of the summer doing discussions Mr. STRICKLAND. Absolutely. They tion, and I think that is what we are like this and into the fall and into No- want to talk about the modest increase facing tomorrow, is the possibility of vember. And when the vote was held, in exports, but they do not want to taking an action which can further one of the things the other side always talk about the multiple thousands of erode the sovereignty of this Nation. I said was NAFTA will create jobs. It jobs that have been lost as a result of think that is a gross mismanagement will be an economic stimulus, if you the flooding of imports. of the constitutional responsibilities will. It will right our trade imbalance. As we go to the shopping malls to that we took upon ourselves when we Our trade imbalance in 1994 when buy our holiday gifts, it is very, very stood for an election in this House of NAFTA took effect in January of that difficult, as my friend, the gentleman Representatives. year was $182 billion. That meant that from New Jersey (Mr. PASCRELL), had Mr. PASCRELL. I might add that we imported $182 billion more worth of said, it is very difficult, impossible to there is no real evidence to back up the goods than we exported. The NAFTA find a television that has been con- contention that this is an economic promoters and the free traders and the structed and built in this country. It is stimulus. In fact, if all of the data are hot-shot Harvard economists and the very difficult to find many products in, whether we are talking about the President and the former secretaries of that are American made, and that is balance of trade, which is now $435 bil- state and the newspaper editors, CEOs, because we are being flooded by cheap lion, no one wants to address that. The all said this will get fixed. imports, built in some cases by slave relationship between that balance of Do my colleagues know what the labor, and in countries that are abso- trade and what goes on in the economy trade deficit that was just announced lutely opposed to our way of life, to our in the United States is profound, is is? $439 billion. That is billion with a B, democratic institutions, and yet we profound. and that is a $250 billion growth in continue to do this. There is no real evidence that points trade deficit. What that means, accord- It is beyond belief that we could be out what the President’s press sec- ing to President Bush, Sr., Papa Bush, contemplating doing tomorrow what retary said on Monday. He said, the he said, every billion dollars of trade, some want to do. President believes that Trade Pro- either deficit or surplus, represented Ms. SOLIS. Mr. Speaker, would the motion Authority is the stimulus in between 19,000 and 20,000 jobs. So if you gentleman yield? and of itself to keep the economy grow- have a billion dollar trade deficit, that Mr. STRICKLAND. I absolutely ing. means you lost 20,000 jobs to overseas. would yield. Well, first of all, Fast Track is nec- If you have a billion dollar trade sur- Ms. SOLIS. Mr. Speaker, just to essary for the administration on two plus, then you gained 19, 20,000 jobs. touch briefly and say, on NAFTA and fronts, the World Trade Organization Well, a $250 billion trade deficit, it what is happening in Mexico, there is a and the proposed Free Trade Area of went from $250 billion worse than it big discussion about the rain forest and the Americas, FTAA. They are both was, means 5 million jobs. the decimation of the rain forest in

VerDate 05-DEC-2001 03:50 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.138 pfrm01 PsN: H05PT1 H8900 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Mexico and South America. There is a taminants, on pesticide residues, on against Trade Promotion Authority big issue regarding timber coming into anything like that. They simply take and begin to lift up food safety stand- this country and people from the Mexi- two bunches of broccoli, slam them ards for ourselves and for the rest of can side that are saying we are also down in a steel crate and look for any the world and begin to lift up truck losing our well-being and our liveli- insects that might come out, dead or safety standards, to begin to lift up en- hood because we are forced by big cor- alive. If live insects come out they vironmental standards. porations to cut down the timber and spray the truckload. Other than that, Whether it is pesticides, whether it is then send it here and into other parts the products move on. environmental laws, we can do better. of the world. We have not put the kind of equip- Why should we say to an American cor- We are talking about erosion of our ment at the border to detect anti- poration that goes to the Mexican bor- environment. We are talking about microbial contaminants. We have not der on the Mexican side, if you are degradating the quality of life for put at the border facilities and equip- going to produce cars in that country Mexicans as well. ment to be able to detect pesticide res- you are going to follow the same laws. So who is winning? The big corpora- idues, and we know that there are pes- In terms of what you dump into the tions, the big factories. The folks that ticide residues on there because pes- sewers, what you put into the air, run those operations do not live there. ticides that are illegal to use in the whether you pollute the environment, They live in the ivory tower, but they United States are still manufactured you are going to follow the same laws are taking and reaping some of the re- here and sold to developing countries, that you do in the United States. How sources, the natural resources that cur- put on fields and sent back into the about when you go into Mexico and rently exist in that country. United States. build cars? Then you are going to fol- I can tell my colleagues that Mexico We are not protecting the American low the same worker safety protection still has a long way to go in terms of people. We pass Trade Promotion Au- laws that you do in this country. providing protections for the working thority, according to Dr. Akhter, the It is outrageous that these American class people there that are suffering top public health official in the United companies go there. They brag about every single day and not seeing any States, we are asking for more food- how green they are in the United kind of return on their work. borne illnesses, more deaths and more States and how well they treat their Mr. BROWN of Ohio. Let me shift for hospitalizations. And we owe it to this workers. They go to a developing coun- a moment to an issue that we have all country, to people that go to grocery try. They do not treat them well at all. talked about before, and I would like stores, to all of us that eat at our I yield to the gentleman from New the last 10 minutes or so to discuss for kitchen table and go to restaurants Jersey (Mr. PASCRELL). a moment and that is the issue of food and eat fresh produce coming in from Mr. PASCRELL. Mr. Speaker, I am safety. We see in this country 5,000 peo- other countries in the world, we owe it going to bring up a sore subject some ple a year die from food-borne illness, to them to do a much better job on of us may not like, but let me bring it not nearly all of them from imported this. up anyway, because this is it. This is fruits and vegetables, but certainly Mr. STRICKLAND. Mr. Speaker, will the vote tomorrow, and I am very con- there is a problem in our food inspec- the gentleman yield? cerned about members of my own tion in this country, too, but some sig- Mr. BROWN of Ohio. I yield to the party, to be very honest with you, and nificant amount comes from that. We gentleman from Ohio. I respect all persuasions within my see about 800,000 Americans get sick a Mr. STRICKLAND. I believe when an own party, regardless of where they year. About 1/10th that many get hos- American consumer goes to a super- fall on the spectrum. pitalized from food-borne illnesses. market to buy food or fresh produce I have an inner laugh when I hear our Yesterday, Dr. Mohammad Akhter, they have a right to know where that party needs to be the party of inclu- the top public health official in this food comes from, and I believe we need sion. We need to reach out to business. country, who is the executive director labelling of country of origin. I believe Well, let me tell my colleagues who the of the American Public Health Associa- American consumers, if they are given people are who have been at my door in tion, was talking about Fast Track. a choice, will most of the time choose the last 2 years. And he said that Trade Promotion Au- to buy products that are grown and thority on which we will vote tomor- manufactured in our country. But the b 1845 row, he said that we can count on the fact is they do not have a choice be- They have been owners of textile fact that if we pass Trade Promotion cause they are deprived of that nec- mills, they have been owners of ma- Authority and more trade agreements essary information, and one of the chine shops, they have been owners of like this we will see more food come things they would like to see done is to cable companies. Owners, entre- across the border and into this country require that the country of origin be preneurs who hire the folks that we are by truck and plane and train and all, made available to the consumer. Then all concerned about, but we should be more food come into this country that the consumer can choose. But without concerned about those who put the cap- is not inspected. He said we will see that information the consumer is de- ital up to go into business in the first more infectious disease outbreaks. We prived of the opportunity of making place. will see more illness, food-borne ill- the choice to buy the American-pro- So I want to make sure to tell my ness. We will see more deaths. We will duced food or the American-produced brothers and sisters in my own party see more hospitalizations. product. that we want to be inclusive. Both par- When we consider that when NAFTA Why should we keep that information ties want to try to be inclusive in passed, 8 percent of fruits and vegeta- from the American consumer? It just whatever way they choose. But do not bles in this country that we, 8 percent does not seem reasonable to me that come back to me and say we are never of the imported fruits and vegetables in this House would not take action to going to get the support. And I think I this country were inspected. Today, it provide this information so that the have a right to talk about this, talk is 1/10th that number. It is .7 percent, 7/ American consumer can be informed. turkey here tonight. That is how crit- 10s of 1 percent. That means for every Mr. BROWN of Ohio. At the same ical this vote is. 140 crates of broccoli that come across time, we have the ability to raise We have an erosion of the Constitu- the border into this country, one crate standards around the world. We have a tion of the United States. We have had is inspected. For every 140 crates of choice tomorrow when we vote for or an erosion of jobs. We have had an ero- peaches, one crate is inspected. against Trade Promotion Authority, sion of food safety. We do not need a I have stood at the border in Laredo, so-called Fast Track, we can continue further erosion. We do not wish to deny Nuevo Laredo in the Texas-Mexican to dismantle our standards, to weaken this. We do not want to stick our heads border; and I have seen the FDA, the our truck safety laws, to weaken our in the sand and say things will get bet- way that they examine broccoli when food safety laws, to lower our environ- ter. They did not get better with it comes in. They do not have high- mental standards, to dismantle our NAFTA, and they are not going to get tech equipment there. They cannot get safety in the workplace standards. We better with this vehicle if we support it immediate reads on antimicrobial con- can vote that way or we can cast a vote tomorrow.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.140 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8901 I want to thank my colleague for get- Before closing, I thank very much other country for our American prod- ting us together, the gentleman from my colleagues, the gentleman from ucts and goods. I can determine wheth- Ohio, because he has stayed on this Ohio (Mr. STRICKLAND), the gentleman er it is good for this Nation, for my dis- case. He has not given it a one-shot from New Jersey (Mr. PASCRELL), and trict, or not. deal. The gentleman has worked on it the gentlewoman from California (Ms. America is falling terribly behind. since I have been here, for 5 years, and SOLIS), for joining me, and also earlier There are more than 130 trade and in- I commend him. the gentlewoman from Texas (Ms. vestment agreements in the world The American people understand this JACKSON-LEE) and the gentleman from today. One hundred thirty. How many better than we do; and the American Michigan (Mr. BONIOR). is America a party to? Three. That people, in every poll, have indicated Let me sum up with this: we in this ranks the United States behind those they want their jobs protected. They country believe in the free market sys- free enterprise bastions of Cuba and understand we need to trade with other tem. We believe in free enterprise, but Morocco, although I think we edge out countries. They know that this is a we also believe in rules. The rules are Tunisia by one agreement. That is em- world economy, that we live in a global that we have environmental protec- barrassing. village. But the folks in my town work tions, we have minimum wage laws, we Congress has forced the United in Paterson, New Jersey. They love the have worker safety protections. We States to sit on the sidelines. By not world. They have been fighting in wars, should believe in the same kinds of granting our President the ability to and they will defend us. Are we going rules in free trade. We believe in trade, promote trade, our international com- to defend their jobs? but we think we should have similar petitors are forging ahead. They are And if it is textiles and machinery kinds of rules. successfully completing their own today, what will it be tomorrow? That We should have environmental stand- trade agreements that puts U.S. com- is the question that every person who ards to govern the rules of trade. We panies at a competitive disadvantage. is a Member of the House of Represent- should have worker safety standards For example, the European Union has atives must ask themselves tomorrow and labor standards. It has worked in trade and customs agreements with 27 before they vote. Textiles, cable wire, this country to raise our standard of countries and another 15 accords in the machinery, leather goods today. What living so we have a huge middle class. pipeline to date. is tomorrow? Or shall it be, whose ox is Those same kinds of rules could work To explain it another way, and I am gored? That is not what America is all internationally, in the global economy, not much of a gambler or a golfer, but about. America is about our being the if this body tomorrow defeats trade my friends who golf regularly and last hope here on this floor to protect promotion authority and begins to make a friendly wager will say that of- the interests of working families. We write trade law that lifts people up all tentimes that wager is won or lost on are the last vestige of hope. over the world. I thank my colleagues the first tee as people decide what the Mr. BROWN of Ohio. I yield to the for joining me tonight. rules are going to be and when they gentlewoman from California (Ms. f give strokes to each of the competi- SOLIS). tors. Well, America is not on that first Ms. SOLIS. The gentleman just hit a TRADE PROMOTION AUTHORITY tee when it comes to laying out the real soft spot for me in my heart. My The SPEAKER pro tempore (Mr. rules for trade, so our companies are mother, who is now retired, worked for FLAKE). Under the Speaker’s an- not getting fair rules and we are not about 25 years for a big toy maker in nounced policy of January 3, 2001, the getting fair strokes. We are, in fact, my district, standing on her feet most gentleman from Texas (Mr. BRADY) is put at a terrible disadvantage. of her 20 years there, and now has some recognized for 60 minutes as the des- Everyone knows their own region very serious problems with her legs. ignee of the majority leader. better, but for Houston this is about That company employed over 2,000 peo- Mr. BRADY of Texas. Mr. Speaker, jobs and our economic future. We have ple in our community. They left. They the need for Trade Promotion Author- tens of thousands of new jobs at stake went to Mexico, then they went to ity is clear. Approval of TPA, as it is with this legislation. And as I have China. called, is critical to the economic pros- seen it, perhaps no State or region will We now import those same toys. perity of our Nation, of Texas, and re- benefit more or create more jobs from Many of those toys place harm upon gions like mine, for the economic secu- the passage of TPA than ours. Trade is our children because they do not meet rity of America, for the future. The already a large creator for America and our consumer safety standards. And President urgently needs this author- a large creator for Texas. We are the nobody is crying out saying, wait a ity. He has made this one of his very second largest exporter in the country minute, what have we done here. We few top priorities before Congress ad- and the fastest growing. The Houston let go of these jobs, we let go of those journs in the next few weeks. He needs region is the largest and fastest grow- pensions, those health and welfare ben- it to level the playing field for U.S. ing export region in Texas, and now efits that went with those families and companies by removing barriers abroad nearly two out of every three new jobs jobs. They went somewhere else, yet to American exports. In other words, that are being created in our region the people making those same items do he wants to be a salesman for Amer- come from international trade. That is not have any protections and maybe ican companies, for American jobs, for good news for employees who have been get 10 cents a day for producing prod- American farmers. laid off from Enron, from Continental, ucts that they end up sending back Every President until 1994 has had from Compaq, and from other very here that somebody buys for $20 or $30. this authority. But we have been out of good companies. We need to get them That is wrong. that game, we have been out of that back up on their feet and in new jobs, Mr. PASCRELL. And the answer to playing field, and it has cost us lit- and trade is the way to do it. the gentlewoman’s mother is, well, if erally tens of thousands of jobs. No We sell or transfer what the world your job is extinguished, you will have successful business survives without a wants to buy, from agriculture to en- to go to another job, a service-related strong sales force. So why do we think ergy, petrochemicals to computers, job. America can succeed over the long haul construction services to new tech- I ask the gentleman from Ohio, is without giving the President the tools nologies and insurance. These are our that what has happened under NAFTA? he needs to promote American goods competitive strengths. In fact, these Have we seen those service jobs? In and services in the international mar- are America’s competitive strengths, fact, what have we seen? ketplace. and with the second largest port in Mr. BROWN of Ohio. In Ohio, we are In the end, Congress, Members of America, great international air routes threatened right now with losing 3,000 Congress, will have the ultimate deci- and airports, and a proximity to grow- jobs at LTV Steel. People say, well, the sion on whether any proposed agreeing Latin American markets, Trade economy will change. If they lose their ment is free and fair, in America’s in- Promotion Authority is critical to our jobs, they will find another job. They terest. I want that authority. I want economic future. Truly, I do not under- clearly will not find another job close the responsibility to look at an agree- stand how any Member of Congress to what they are making. ment to open new markets with an- who has constituents in the Houston

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.142 pfrm01 PsN: H05PT1 H8902 CONGRESSIONAL RECORD — HOUSE December 5, 2001 region can justify not opening other terfly is not high on their priority list. of his remarks, and I want to echo countries’ markets to America, to The fact of the matter is trade, raising them and add a little to it. Texas, to Houston businesses and farm- worker standards, giving people a job, This debate here on the floor tomor- ers, because it is our jobs locally that helping raise the environment, that is row is really a test of this Congress and are at stake. the best way to protect and preserve this Nation. Is our country going to When we look at what the opponents the environment around the real world. move forward not just in trade but in say about it, this legislation includes Not what we hear in Washington, but liberalizing economies all around the some of the strongest environmental the way it works in the real world. world, or are we going to go back and and labor language in trade history in The truth is, unfortunately, for oppo- pull back in a way that hurts not only America. Each country must not only nents of Trade Promotion Authority, our own economy but the global econ- rigorously enforce its existing laws, en- no language will ever be tough enough. omy? That is the test we have tomor- vironment and labor, but seek ways to Business has already made tremendous row with Trade Promotion Authority further protect the environment and to concessions. The reasonable objections which will be on the floor of the House. further raise worker standards. Here is of the environmental community and I heard some of the discussion earlier a good example in real life in the envi- those really looking at labor from a by some of our colleagues on the other ronment that I know of and have seen reasonable standpoint have all been side of the aisle, and their position con- firsthand. Through NAFTA, the bor- met. They have given up a great deal in fused me. This should not be a tough ders have been open between Texas and order to try to work with our Members vote. All we are saying is that the Mexico, America and Mexico. But be- across the aisle who simply do not President has the ability to go out and cause of that trade agreement, we now want free and fair trade, who are negotiate trade agreements. It is not a have, along our border, over 18 environ- afraid, unfortunately, of competition. particular trade agreement. This Con- mental projects that total more than But they are simply not going to sup- gress will always have the right to vote $1 billion. That is $1 billion, new dol- port this. yes or no on a particular trade agree- lars, that are in projects to clean our We are fortunate that we did have ment. air, to clean our water, to clean the some trade-oriented, fair trade-ori- Are we sensitive to labor, environ- wastewater and sewer in our area, and ented Democrats who helped craft this mental, and congressional consultation generally to create a much better envi- bill. It is the best compromise that can issues? Yes. This legislation is more ronment in an area that desperately be reached, and I think they played a sensitive to those issues, addresses needed it that never would have hap- key role in making this the best trade those issues in a more direct way than pened without trade. legislation that Congress has ever any Fast Track legislation or trade When we talk about labor standards crafted. promotion legislation before this and worker raises, we can look at one House. b 1900 of our trade agreements that we do In 1997 and 1998, we had a number of have with the Andean countries that Mr. Speaker, this surprises people. Members who were supportive of this includes Bolivia and Colombia and Because we talk about competition, legislation when it was called Fast other countries. When we listen to but trade is very good for consumers. Track but expressed some concern them, they say as a result of America By the most recent estimate, American about labor and the environment. We trading with them, not only has Amer- families save nearly $2,000 a year be- have addressed many of those concerns, ica created jobs, but in terms of labor cause of competition that trade brings and this legislation moves in a way standards, Colombia, for example, in about. What that means is that. For an that should make it even more attrac- that region, has created more than average family like ours or yours, we tive to those Members who expressed 100,000 new jobs. They used to be into can make one trip to a grocery store a those concerns before. narco-trafficking, the drug trafficking month free due to the savings from I am concerned that some of those trade, and now they are in legitimate international competition. Those are Members have now said that they can business. the savings we see because we have bet- somehow cannot support a bill that is They have, for example, the cut flow- ter and more affordable cars, clothing, more sensitive on these issues, such as er industry that is now a model indus- toys and TV sets. What that means this labor and the environment and the de- try that now has much higher wages year is that parents will have one or gree to which Congress plays a role. for its workers, has child care and more gifts under the tree for their chil- The benefits of trade should be obvi- training and education for its women dren due to savings because of competi- ous to everybody. Economists tell us employees. It is helping these people tion. that 30 percent of the growth that we buy homes and improve their homes The bottom line here is there is a have seen in our economy, the tremen- that they never had a chance to do be- principal attached to this legislation. dous growth that we have seen over the fore. It has raised the worker standards And here it is. If Americans build a last decade, is directly attributable to for that region. And Colombia, in fact, better mousetrap, we should be able to exports. Thirty percent is because of has launched a ‘‘cleaner Colombia’’ ef- sell it without penalty anywhere in the exports and enhanced trade. fort that these businesses are part of to world. If someone builds a better In Ohio, trade is extremely impor- clean up the environment down there. mousetrap, we should be able to buy it tant. Ohio is now the seventh-largest So we are seeing higher labor stand- without penalty for our families and exporting State in the Nation, with ards, and we are seeing a greener world businesses. This legislation really pro- nearly $30 billion in exports last year because of trade. And they could have vides us a very clear choice for voters alone. This is going to help people in more of these model companies if to see. There is a choice between de- my district to get jobs, to retain their America would just simply let them. featists who believe that American jobs, and to be able to allow our area to As I see it, and when I listen to them, products are not good enough to com- continue to grow. they have watched the way America pete, or those of us who believe that Because of jobs created by trade, we has pulled itself up by its bootstraps, enhanced trade is America’s future. are not just increasing our exports, we and they do not want just aid, they Mr. Speaker, I am convinced that we are also getting better jobs. We know want to trade. They want to compete. should not retreat from fair trade com- the jobs involved with trade pay, on av- They want to try to build themselves petition. We should insist on it. Com- erage, 13, 14, 15, 16 percent higher than as America has built itself, and they petition is America’s strength, and it is jobs not involved with trade. These are are right to do so. the key to our high-tech, high-wage fu- not just jobs. These are good jobs. I am convinced when people say trade ture, and truly tens if not hundreds of Since we lost Trade Promotion Au- hurts the environment, common sense thousands of jobs are at stake. thority in the last administration, our tells us they are wrong. For countries Mr. Speaker, I yield to the gentleman Nation has fallen behind. The fact is who are so poor or their children going from Ohio (Mr. PORTMAN). that we now have 130 free trade agree- hungry, where their families shiver Mr. PORTMAN. Mr. Speaker, I thank ments around the world. The United through the night, protecting the rain the gentleman, and I thank him for States is party to just three out of 130 forest, protecting the Monarch But- having this Special Order. I heard most trade agreements. During this period of

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.144 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8903 time that the United States has not Think about a merger. What happens I hope that Congress will act to sta- had trade negotiating authority, the is, you come up with a decision. Once it bilize our economy and to make sure ability for a President to negotiate, is negotiated, it goes to the board of di- that this Congress does not go on our competitors have continued to rectors. The board of directors says yes record saying that we are going to go enter into agreements, helping jobs in or no. They do not renegotiate to back in terms of opening up trade and their countries and taking away mar- death. If so, you could never come to opening up markets, but rather this kets that should be ours, U.S. exports. an agreement. The other side would Congress is going to give the President For example, since 1990, our toughest never be willing to put their best offer the ability to go out and negotiate, be competitor which is the European on the table thinking it could be a tough negotiator, but negotiate Union, has completed negotiations on amended to death. It is common sense. agreements that are in our interest 20 free trade agreements. Twenty. Cur- There are all kinds of analogies in the around the world. rently, they are negotiating 15 more real world. Mr. BRADY of Texas. Mr. Speaker, free trade agreements. In fact, in the Passing Trade Promotion Authority the gentleman is one of the leaders of last year they have entered into a free will help reestablish this Nation’s glob- the Committee on Ways and Means. trade agreement with Mexico, which is al leadership in the area of the econ- The gentleman is familiar with legisla- the second largest market for Amer- omy and of opening up markets around tion that opens up markets to Amer- ican exports. While we sit back and the world. This is important to our ican farmers and businesses and jobs. talk about how we cannot give the economic security in this country, to One of the excuses we hear from peo- President even the ability to go out more jobs, but I would suggest that it ple that do not support this is that and negotiate agreements, our com- is also important for our national secu- Congress has no say in this legislation. petitors around the world are aggres- rity. In the wake of what happened on The President negotiates it and usurps sively pursuing markets that should be September 11, let us not forget that our constitutional power, that we have ours, and it is hurting the United those countries most closed to trade, no say in shaping what an agreement States’ position in the global economy. the economies that are most closed are will look like. My understanding is This means American exporters en- those economies that are most likely that the legislation provides more con- counter higher tariffs, if not closed to be breeding grounds for terrorists. sultation than ever in history, but markets altogether, in many countries That is factual. If Members look what are the gentleman’s thoughts? around the world when other competi- around the world, whether it is Afghan- Mr. PORTMAN. Mr. Speaker, the tors of ours have a more open market istan or other countries where they gentleman is correct. to go into and have lower tariffs. have a closed society and a closed First, Congress has the ultimate say. Our lack of free trade means our gov- economy, those are the places where Congress can vote no on the agreement ernment is sitting on the sidelines we tend to see the kind of terrorism as it comes before us. while other countries negotiate inter- and the breeding ground for terrorism Second, Congress has the ability to national rules in a multilateral way and the sponsorship of terrorism forge an agreement, and the adminis- with a lot of countries that come to- tration knows that. In this case our gether. They decide on international around the world. This does relate to the kind of world U.S. Trade Representative, Ambas- rules on everything from e-commerce my kids and grandkids are going to sador Zoellick, who is a tough nego- to agriculture. This is hurting us, too. have, not just in terms of their eco- tiator, is going to be mindful of the It is hurting our exports and economy. fact that what he brings to this Con- The question has come up earlier to- nomic security, the kind of jobs that gress has to pass muster here. night from Members talking on the they will be able to access to achieve In this legislation we have unprece- other side of the aisle primarily about their dreams, but the world that they dented congressional consultation and why cannot we just have the United are going to live in in terms of national involvement. Farmers, one thing that I States enter into these agreements security. think is an improvement in this bill, as without Trade Promotion Authority. Our prosperity is not only threatened compared to what we voted on in 1997 Why do we need Trade Promotion Au- by terrorists, it is threatened by the and 1998, the Committee on Agriculture thority? worsening economic situation around I would suggest tonight that the rea- the globe. So Trade Promotion Author- has a specific role and has the ability son is simple. The President cannot go ity addresses not only national secu- to be in consultation with the adminis- out and negotiate with other countries rity but also the global economy that tration to help shape that agreement. unless he has the ability to say, this is affects us here in the United States. That is extremely important, because it. This is the agreement we have Unless we can begin to improve the it is probably the most competitive in- agreed on after a lot of tough bar- economic performance around the dustry in America, is the agriculture gaining and negotiations. We will now world, we are not going to be able to industry. Our ability to export our ag- take it to our legislature for an up-or- see our economy perform the way we ricultural products around the world is down vote. That is what other coun- would like it to be. not being maximized because there are tries can do. By negotiating free trade agree- barriers to our products. So we are Without this trade negotiation au- ments, opening up new markets for going to have more consultation than thority, a President cannot do that. U.S. goods and services, we are taking we have ever had. The administration Congress can still vote yes or no. They an important step toward helping in will be forced to deal with us to help just cannot amend it to death. Con- that long-term economic picture. I forge the agreement; and, ultimately, gress cannot nickel and dime an agree- think it is time, past time, for Con- we have the ability to say yes or no. ment that comes back to the Congress, gress to act. We have not had trade ne- Mr. LINDER. Mr. Speaker, that is and Congress has voted yes and has gotiating authority, Trade Promotion precisely the point. Absent Trade Pro- voted no in the past. We can simply do Authority, Fast Track authority, motion Authority this House sits si- that. whatever one wants to call it, in the lent. The President can go to any na- This kind of procedure where you United States since 1994. Not since 1994. tion in the world and negotiate a trea- come to an agreement and bring it During that time, again, America has ty and take it to the Senate, have the back for a vote is common. Think taken a back seat. American has not Senate debate it, amend it, and take it about labor negotiations. If you are a been in the driver’s seat. America has back to the country with whom we member of a union out there, do you fallen behind in relation to our global have reached an agreement and ask have an ability to amend an agreement competitors. them to negotiate for a second time. that comes to you for ratification? Now we need to get back in the front We sit silent with no role. Management and labor sit down. They seat to drive this home for our econ- This is not a trade agreement we are hammer out an agreement. They come omy, for the global economy, for help- talking about. This is a process to together with a fragile agreement ing to open up other countries around allow the President to negotiate with where both parties have put their best the world, reducing barriers, tariff and any country in the world some trade offers on the table. The membership nontariff alike, and so we have a world agreement that then we will be in judg- then decides yes or no. safer for our kids and grandkids. ment on. It will come back to us, and

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.145 pfrm01 PsN: H05PT1 H8904 CONGRESSIONAL RECORD — HOUSE December 5, 2001 we can vote yes or no. But this House The future is for knocking down today, the U.S. is only a party to three; will have a role. Absent this, we have walls, whether they are tariff or non- the NAFTA agreement, and, of course, no role. tariff barriers. My grandchildren de- the agreements with Israel and Jordan. There are 130 trade agreements in the serve the privilege of buying the best In contrast, and this is the bothersome world. We are party to three of them. product at the lowest rate, and you do part, the European Union has 27 agree- After NAFTA, Mexico has agreements that by knocking down the walls to ments in effect, 20 negotiated in the with 28 or 29 different countries. The trade. 1990s, and right now is currently nego- European Union, 27. We are not a Mr. BRADY of Texas. I yield to the tiating 15 more. party. We sit silent. I am astonished by gentleman from Michigan (Mr. Mr. BRADY of Texas. I would say to my colleagues that do not want to have KNOLLENBERG). the gentleman, Europe is running cir- a role. This President understands that Mr. KNOLLENBERG. I thank the cles around America and around Amer- free trade is necessary for freedom. It gentleman for yielding. I just have a ican jobs. is a moral value. few moments here that I wanted to Mr. KNOLLENBERG. They are in- b 1915 take, and I appreciate the gentleman deed. One of the problems with that, from Texas yielding, and I appreciate and to just give one example, Canada He will reach agreements. If he has the gentleman from Georgia here with has a free trade agreement, obviously to go some day by treaty to Chile, Ar- the gentleman from Texas (Mr. BRADY), with us; but they also have one with gentina, Brazil, he will go there. He obviously, and the gentleman from Chile. I think the gentleman men- will negotiate with the Senate, and we Ohio (Mr. PORTMAN). Your work on ag- tioned that a moment ago. will sit silent. So if we vote for Trade riculture is one part of it. Just to give one example, because Promotion Authority tomorrow, which I want to talk a little bit about lead- Canada does have a free trade agree- I intend to do, we are saying that the ership, because I think one of the ment with Chile, we do not, a farm House has a role, there is something we things lacking here is if the U.S. does tractor costs something like $15,000 can do. He can bring back an agree- not garner some agreements around more if purchased from the U.S. than ment that we can defeat. Whoever does the world, we are abdicating our role as not like the provisions of the agree- its Canadian counterpart. If we had, a leader. We are a national leader, and ment that comes back can vote no. We obviously, an agreement with Chile, we tomorrow’s vote on Trade Promotion can kill it. But, absent this agreement, would be selling tractors to Chile. But we sit silent. Authority is critical to the future of you know who they are going to buy Mr. BRADY of Texas. I know the gen- this country. them from? The Chileans are not going tleman from Georgia has long played a It is important for Members and to buy them from us. leadership role in trade, and I know Americans to understand just what is The same thing could be expressed you listen very carefully to those who at stake here. So I appreciate the op- about potatoes. They buy potatoes create jobs in Georgia. What do your portunity to come here with you gen- from, guess who, Canada, because they farmers, your small businesses, your tlemen and discuss why it is so impor- have an agreement. Burger King is big technology companies, your financial tant that we talk about this and rein- in Chile, and that is another reason we groups, those who are creating jobs in force TPA. should look at it. Georgia, what do they tell you about Free trade is about a lot of things. It I might just say this, that I think it this legislation? is about expanding the economy, new is a sorry state for the U.S., which is Mr. LINDER. We have the lowest tar- jobs, strengthening relations with our the most open society in the world, iffs in the world. We have thousands of allies and lifting the developing world that we begin to close our doors to al- Georgia companies selling goods and out of poverty. On this, one of the lowing our products to get into other services into a global economy. We things that the U.S. does best is it countries. want to lower the tariffs of other na- leads. But in this arena, it seems to me I think we have a great opportunity tions so that we can be competitive. that they are failing. They are drop- tomorrow, if we do not fumble it and Our ability for the President to nego- ping the role that they play in such a pass this bill. I would just say that we tiate with other nations and lower huge way and have played over the last can break down the barriers to U.S. their tariffs will only improve our several decades. goods and services and that Chilean sales. It will only help us. It is only proven through action, situation would not occur and we More than half of the Georgia compa- whether you go back to World War II, would have a market for our products nies that sell goods and services into whether you are talking about the re- overseas. the global economy are small and me- building of Europe, fighting com- What I like to always say is the jobs dium-sized businesses. That is our munism or protecting the environ- stay here, the products go overseas, growth rate. Twenty-five percent of ment, growing the economy or fighting and the workers earn the money here our economic growth over the last 10 terrorism, which we are doing now, and keep their job. We have to do more years has been due to export. We sim- that is the real essence of America, and of that if we are going to be the leader ply cannot throw up a wall around us. I think we have to express ourselves. and maintain our leadership in the Chris Patten said when we were talk- We do it best tomorrow by passing world. ing about NAFTA in 1993, I believe it TPA; and we, frankly, risk our oppor- So I particularly enjoy having an op- was, Chris Patten was the last British tunity, we are abdicating our position portunity to spend a moment or two Governor of Hong Kong, and he gave a of leadership, if we do not in fact pro- this evening on this. I would simply speech in which he said if a space ship mote international trade in a way that yield back to the gentleman from had come to the Planet Earth in the gives the President the authority that Texas. 16th century, the 15th and 16th cen- is so vital to America’s well-being. Mr. LINDER. If the gentleman would turies, and landed in the teepee huts of Let me just give you some numbers yield further, all of those numbers are North America, to the typhoid-ridden in my own home State of Michigan. the numbers I have. The 15,000 is the streets of London and the warring Last year 372,000 jobs were dependent tariff on the Caterpillar tractor. We streets of Paris, and wound up in the upon manufactured exports. Last year have the lowest tariffs in the world. We Ming Dynasty, they would have con- we sold some $52 billion of goods to would like to be able to have our Presi- cluded within a minisecond that China more than 200 foreign markets, which dent negotiate with every nation in the would rule the world for centuries. She is the fourth most in the country. world to lower their tariffs to our lev- had just invented gunpowder and a We need to begin to aggressively els. We ought to be in favor of that. printing press and had a huge cultural break down the barriers to American Then we ought to be able to look at growth rate; the people were happy and exports so that we can create these that agreement when it comes back to well fed and economic growth rates new jobs. the House and vote it up or down. were rapidly climbing. And then he I would just add a thing or two. This But this bill we are talking about to- said this: and then she built a wall is the thing that bothers me the most. morrow only enables the President to around herself, and history told a dif- With more than 130 preferential trade bring us a measure. It only enables him ferent tale. agreements in effect in the world to go out and negotiate a measure and

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.147 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8905 come back to the House and the Senate So what occurs is the government, control system. We have not kept those for an up or down vote. This is a 25- because we understand the importance promises. year-old process. of the agriculture section and under- A vote on this bill is a move forward I do not blame the President of Chile stand the importance of the small fam- in keeping the promises that were if he does not want to negotiate with ily farms, is we end up coming in with made in the last agriculture bill. And the United States twice, once when some emergency aid. we are on the verge of a new agri- they sign the treaty and another time My producers, they really do not culture bill. As the gentleman knows, when the Senate alters it. It is a sen- want the help. What they want to do is the gentleman from Texas, the chair- sible approach that just brings the to sell their product. That is why this man of the Committee on Agriculture, House into the game. bill is so important, because we have visited my producers at their annual For our colleagues that oppose this, I missed out on 125-some-odd trade meeting on Monday, and exports is the am always surprised at the variety of agreements, because this President and key for their survival. That is why it is reasons I hear for the opposition, be- the past President did not have Trade so important. cause my answer is always then, why Promotion Authority. So we are not at Again, I also mentioned other parts do you not want to have a say? This is the table, so we cannot work diligently of the economy, whether it be heavy the only way this House will have a to lower tariffs, and we cannot get our industrial equipment, it could be high- voice in any trade agreement in the fu- foot in the door in some of these mar- tech equipment. ture. kets. So we continue to produce more b 1930 I, of course, have been actively in- than we consume. Our local farmers volved in trying to pass this. I hope it then lose money producing food, and It could be that even small busi- will pass tomorrow. The President de- large corporate farms are developing to nesses reap tremendous benefits. I have serves this. I was in favor of this when try to develop the efficiencies to make a statistic, and I am not one that likes President Clinton was in office. I it profitable and get some return on in- to throw out statistics all the time, worked hard for it when he wanted it vestment. but from 1992 to 1998, the number of Il- passed. I will work just as hard for it Illinois is the Nation’s second largest linois companies exporting increased 50 tomorrow. soybean producer. We are the Nation’s percent, and more than 86 percent of Il- Mr. BRADY of Texas. Both of these second largest feed corn producer. We linois’ 14,231 companies that export are gentlemen have been leaders in trade, rank sixth in all 50 states with agri- small- and medium-sized businesses. because it means jobs for Georgians, it culture exports with an estimation of One of the things that I have talked means jobs for people in Michigan, it $3 billion; and you can understand how about over my time as a Member of means jobs for people in Illinois. As exports help the family income, the Congress and even before I was running you mentioned, Chile, an average per- family farm. is how small business has created the son, just one of our neighbors will ask, The demand for our agriculture prod- job growth over the past 10 years. If we sure, I can see why a country like Chile ucts is growing. But we cannot nego- look where the action is, the action is would want to sell to America. They tiate if we are not in the room when in small business. Even when we have a are going to get all the benefits from these countries want to negotiate a downturn, we find many people who are these agreements. What is in it for us deal to buy our products. aggressive, and they leave their cur- in this country? Mr. BRADY of Texas. Does the gen- rent large employer. They strike out I looked at a study the other day on their own. How many stories of suc- that showed if we had a free trade tleman not think it is a great source of cess have we heard in operating and agreement with Chile, their economy frustration for America’s heartland starting a new business? Well, a lot of would grow by some $700 million a that they have answered the call to these new businesses that are success- year, a pretty big pop by Chilean produce their food and their products ful are tied to the export community, standards. But America, our selling, we more efficiently, cheaper, more and the job benefits are just notable. would sell 128 times more products to affordably, more environmentally Mr. BRADY of Texas. Mr. Speaker, if Chile as a result of the agreement. friendly ways, they have done all the So, in fact, our economy is boosting. right things, yet the prices get lower the gentleman will yield, I have sensed We are creating more jobs as a result of and lower because they are blocked? up here from some of the opponents that trade between us and another Literally, ‘‘Americans need not that perhaps they are afraid for Amer- country. Of course, that means jobs apply’’ signs are all around the world ica to compete, that they are not so here in our local community. for our products, and all they want is sure our products and our workers are With that, I would like to yield to the opportunity to compete. Because good enough anymore around the the gentleman from Illinois (Mr. they know if they do, that American world. But if we listen to those workers SHIMKUS), who is also very involved in farmers and ranchers and producers, we in our businesses, whether it is the labor issues, environmental issues and could feed the world, at least we could farmers who are out there or small job creation. if they would allow us to. Because businesses, our technology companies, Mr. SHIMKUS. I thank my colleague other countries are out there on the our software companies, computer from Texas, and I am honored to join playing field opening up their markets, makers, construction, energy, financial this group. Illinois is an exporting but America is not even in the ball people, just people all around our State, whether it be manufactured game. We do not even have a chance to neighborhood, the reason they are goods from Deere and Caterpillar or stand up for our farmers and our ranch- pushing for this legislation is they high-tech goods from Motorola. ers and producers. know that they can compete. Of course, I represent a strong agri- Does the gentleman not think that is They know that they can create jobs cultural district, and no one can argue why the agriculture community in right here at home but, literally, 95 with the importance of agriculture to America is united behind this legisla- percent of the world that is the popu- central and southern Illinois. It is the tion, because this gives them a chance lation outside of America that is grow- bulwark in keeping our small commu- to compete? ing by leaps and bounds, again, Amer- nities alive and vibrant. Mr. SHIMKUS. It goes back. The gen- ica need not apply to sell them and Rural America has fallen on tough tleman from Texas was not a Member compete for their business, yet every times for the simple reason we produce during the last passage of the agri- other country is out there doing it. For more than we can consume. It comes culture bill, and I was not a Member them, they see it simply as this is a down to this basic equation: we then, but there were promises made to huge opportunity to create jobs and produce much more than we as a Na- the agriculture sector, and the prom- help families. tion can consume. So the prices, at ises said we want to ease the regu- What is interesting is these jobs from times, in my time here in Congress, we latory burden. It did not happen. They international trade pay a little more have had prices at Depression-era lows said we are going to open markets for than domestic jobs, and they are more for some products. You cannot operate you, so that they then planted for the recession-proof, which I would think family farms on that return. There is market and did not plant based upon for those 700,000 or so employees that no return. It is a negative return. government intervention, a centralized we have lost who have been laid off

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.149 pfrm01 PsN: H05PT1 H8906 CONGRESSIONAL RECORD — HOUSE December 5, 2001 since September 11, jobs that hang which is to go after and penalize these all about jobs. This is all about us com- tight in a tough economy would be countries, guess what? We have already peting and them having the kinds of good news, and jobs one can raise a lost the jobs, because the past adminis- jobs they can raise a family on. family on would be very important, tration did nothing. So it is this Re- We hear a lot of excuses, but today, again, if Americans can apply for these publican administration that is seek- earlier tonight we heard another ‘‘I am jobs in these businesses. ing to go after the countries that are for free trade, but,’’ which seems to fol- Mr. SHIMKUS. Mr. Speaker, the gen- abusing trade by using government low with anything, but one of them tleman speaks to an issue that is pret- subsidies to undercut the price of steel. said, I am for free trade, but I do not ty near and dear to my heart, because How much better if we are negotiating want to give up our sovereign rights as I have great friends across the aisle, I and at the table so that we can bring a country. have great friends who are strong labor up those issues. Earlier today Senator PHIL GRAMM, supporters, and I have somewhat of a Mr. BRADY of Texas. Mr. Speaker, in who is a constitutionalist beyond many pretty good record as a Member of Con- Illinois, if we ask any neighbor who has in Congress; if someone asks him what gress in an attempt to be very respon- a good, secure job that they like, that time of the day it is, he would consult sive and open and be there at times is paying good, decent benefits, I won- the Constitution first to see if that is when I can really justify the position der how many of them work for a com- allowed and permitted and what rights with organized labor. pany or for a farm that does not have are there for Americans. This morning The concern I have always had is a salesman, that does not have some- he stood here and told colleagues on there is job loss going on always in this one out there selling and promoting Capitol Hill that he supports this bill. country, and it is sometimes part of a their products. And yet we wonder how This protects the sovereign rights of normal business cycle. These job losses can America succeed against other America, of American workers, of and some of this movement of the in- countries when we lock our President American business, of the American dustrial workforce is occurring without here. We do not allow him to go out Constitution. So I think that excuse trade negotiating, Trade Promotion there and open up markets, tear down just does not wash. Authority. For the life of me, I find it that ‘‘Americans need not apply sign,’’ The other thing I wonder about is if hard to understand, how do they think who pushes for us just to get a fair people understand the potential that is the job loss will be any less? We lower shake in this competition. I do not out there for us. The gentleman and I tariffs, we make our manufactured know how we succeed these days with- have talked about this. Ninety-five per- goods more competitive. out a tough, aggressive sales force out cent of the world that lives outside of We had our other colleagues here who there pushing for us. Does the gen- America, they cannot all buy, those spoke of industrial manufacturers. tleman? countries cannot all buy what the gen- Again, I can talk to Deere; I can talk Mr. SHIMKUS. No, Mr. Speaker, I do tleman and I perhaps can afford today, to Caterpillar. Does my colleague know not. The gentleman knows that I am but someday they will. All we need to what? They want to be able to com- involved with the NATO Parliamentary do is look at Japan and Western Eu- pete. They want Illinois workers and Assembly, which as legislative mem- rope, nations that went from abject an Illinois company producing strong, bers we gather, and they are the NATO poverty to prosperity in one genera- durable goods that we can sell over- countries, and it is a kind of oversight tion. I mean one generation, from fa- seas. And lowering barriers to trade, what our folks do. And a lot of times ther to son, from mother to daughter, i.e., tariffs, will do that. we will visit the EU, and what is the as a Nation, went from the poorest of But we have to accept the premise EU doing? They are establishing, and a the poor to being strong competitors that there is job loss and there is win- lot of these are our allies, they are es- and economic powers in this world. ners and losers. They addressed that tablishing a common market and re- That is what we are competing for. issue in past bills, and we have been ducing trade barriers so that they can Last year I read a number, and I fol- able to use successfully NAFTA transi- trade across country lines with no bar- lowed up and confirmed it. Half of the tional assistance to help provide a floor riers. Does the gentleman know what adults in the world today, one-half, of support to help in retraining, reedu- else they are doing? A common cur- have yet to make their first telephone cation, moving the displaced workers rency. call. Think about that. Half of the from the unemployment line to, many Talk about a competitive advantage: adults in the world have yet to make a times, even some better jobs. And the Knocking down the trade barriers is telephone call. Common sense tells us, NAFTA transitional assistance has definitely having a common currency, if it is American companies that land been very beneficial. I am glad it was and then we are in. That is why this those contracts to sell those telephones part of the last trade agreement. administration is looking for a Western and that service, they will create That is why I am very pleased with Hemisphere in trade in response to our American jobs. If there are companies the gentleman from California (Mr. western allies who want to get the ben- in Europe that land those contracts, THOMAS) and his additional push at the efits of efficiencies and lower taxes and they will create jobs in Europe and in urging of many of us that understand a single monetary system. That is Asia, in Asia. that there are winners and losers, trade what we are up against in this world. So it is sort of Lewis and Clark out adjustment assistance and a push to Do we shy away? Do we go and cower there in the world, and every country help protect our workers and a push to in the corner? Or do we say, all right, is out there, every nation is out there help get them the training, the edu- if our allies are doing that to us, we staking lucrative claims to these mar- cation, the experience to be able to will gather our allies in our Western kets except for us, because we do not move them quickly from one sector of Hemisphere, and, man, we will go show allow our President to go out there and the economy into another sector of the them, and dare they not come to our give us a fair shake and allow us to economy, whether they want to move area, because we are going to strike compete. and be another employee or whether some pretty good deals with these The potential for jobs for our chil- they are going to venture out and be emerging countries that really want dren, for our neighbors, for those who one of these small businesses that I our assistance, and we can grow to- are unemployed is just huge. Would the have talked about that really have cre- gether. gentleman not agree? ated all of the jobs. Mr. BRADY of Texas. Mr. Speaker, Mr. SHIMKUS. Mr. Speaker, I do. I Mr. Speaker, when we cannot nego- this is why the President I think has serve on the Subcommittee on Tele- tiate with a competitor or a country said that national security is his num- communications of the Committee on and we have problems, and in my area ber one priority. Economic security Commerce; and we deal with broad I have been a vigilant opponent of comes right after that. This is all band, cellular, cell phones and all the dumping of steel in this country. We about jobs in competition. like. A lot of these countries, Third know it goes on. We cannot stop it. We The gentleman and I, we both have World countries, they are not going to are not at the table. We cannot nego- young children. A lot of our neighbors deploy telephone lines like we have all tiate. And by the time this President, have children in college or kids just over the place. They are going to come President Bush, enforces section 201, getting out in the workforce. This is in with the next generation and they

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.151 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8907 are either going to have direct satellite Mr. Speaker, I yield to the gentleman was said by the great Secretary of broad band services provided by the from California (Mr. DREIER), the Commerce, Don Evans, at a news con- United States or they are going to ex- chairman of our Committee on Rules, ference we held yesterday, 90 percent of pand the cellular industry, hopefully but really, perhaps, the premier free the world’s consumers are outside of provided by us. But if we are not there trader in America, for his comments. our borders. to negotiate, they will get it. But guess Mr. DREIER. Mr. Speaker, I thank The world economy is about $40 tril- who will be providing it? Our competi- my friend for yielding to me, and I lion, and $10 trillion, a quarter of that, tors. Because we are just not at the want to congratulate both the gen- is right here in the United States. But table. tleman from Texas (Mr. BRADY) and as we see these other countries im- I want at least mention one other the gentleman from Illinois (Mr. prove their economies and develop new thing in this environment, especially SHIMKUS) for taking out this important economic opportunities, they are going with the international arena that we time. to have living standards improved to are in today. We are asking our friends, Let me just say that I appreciate, as the point where they are going to be some staunch allies, some good allies I said, the compliment; but I am one of able to buy even more U.S. goods and and some who have not been very good a long line of people who really see this services. allies of ours in the last couple years, correctly. I do believe that we are on So that is why we are simply saying to come to the plate and help us fight the verge of facing what clearly will be the United States Congress, we hope, international terrorism. They are mak- one of the most important votes cer- tomorrow afternoon we will say to the ing sacrifices. They are giving us intel- tainly of the new millennium, and it is President of the United States that he ligence, they are working with us on not that old, but the vote that we are should go out and negotiate the very basing, they are providing us maybe going to be casting tomorrow will lay best that he possibly can for the Amer- soldiers, transport, and the like. How the groundwork for the extraordinary ican worker, for the American farmer, can we tell these people who are asking role that the United States of America for America’s businesses, for America’s for help that we do not want to sit will be playing in leading not only the consumers, and then come back to us, down and trade with them, we do not issue of trade but the cause of freedom, want to negotiate with them, we do not and we in the House and Senate will political pluralism, and democracy make a decision as to whether or not want to strike a deal with them, we do worldwide. not want to be on a level playing field he has negotiated a good agreement. That is really what this has come Then we will vote yes or no. and work out and both benefit from in- down to in many ways, Mr. Speaker, is I am here to say, I am proud to stand creased trade? a vote of whether or not the United in this well to say that if the President I just find it very, very sad that in States will in fact step up to the plate brings back a bad agreement, I will be this environment, when we are asking and once again assume that rightful proud to lead the charge against that our international allies to be there for place which, unfortunately, has been agreement. But if he comes back with us, I am afraid we are not willing to be greatly diminished since 1994 when we a good agreement, an agreement which there for them in international trade. saw this very important, what we used Mr. BRADY of Texas. Mr. Speaker, I is going to break down tariff barriers, to call Fast Track negotiating author- would think this is about the worst recognize the importance of environ- ity, which was really a misnomer, now possible time to isolate America. It mental quality and worker rights, rec- correctly labeled Trade Promotion Au- could not come at a worse time, and ognize the importance of enhancing op- thority. portunity for U.S. workers, farmers, yet the vote tomorrow will really be The reason is, and I am sure that we and businesses, I believe that it will be between those who embrace competi- have heard this over and over again, the right thing for us to do. tion and new jobs and those who fear it with the signing of the U.S.-Jordan and those who want to open America. Free Trade Agreement just very re- So I just would like to say that on What is our strongest export? Freedom. cently, we now are a party to three of the national security front this is the It will be between those who want to the 133 trade agreements that have right vote because global leadership export our freedoms and those I think been put together in the last several and what it is that the President is who want to build walls and isolate us. years. providing has been heralded by so It is a very clear choice that really So we have observed, unfortunately, many people. We have learned that rarely happens here on Capitol Hill. many countries that historically have Osama bin Laden has the ability to do But there are just tens of thousands not been strong supporters of free trade one thing and one thing only, and that of jobs at stake in my community and and the cause of it say that they are is to destroy. But I will say that we are in the gentleman’s as well. going to play this leadership role, and the producers, we are the best pro- b 1945 yet the United States of America is the ducers on the face of the Earth, so let us have an opportunity to do that. I do not want to be self-promoting on most productive Nation on the face of my biography, but I was a former the Earth; and our workers, our farm- I thank my friend for yielding, and I teacher, a history teacher. ers, our businesses are prepared to am sorry to have consumed so much of Major world conflicts: Why did many compete. his time. of them evolve? Trade barriers were in- All we are going to be saying tomor- Mr. BRADY of Texas. Mr. Speaker, in creased and countries wanted to go row when we have this debate and the closing, let me say we should not re- after raw materials which they could vote is: Why do we not pry open new treat from fair trade competition, we not negotiate through low tariffs, so markets which have been limited to us should insist on it, because competi- they built up armies and they went to because of tariffs? A tariff is a tax. We tion is America’s strength and it is the get it. are talking about cutting the taxes for key to our high-wage and our high-tech Whether it was the World War II ex- consumers so they can have access to future. periences or the Japanese in Southeast U.S. goods and U.S. services. Asia, Hitler going in to get the gas in We have found the benefits of im- f the Soviet Union, you name it, a lot of ports here in the United States. They things occurred and a lot of wars are have allowed us to keep inflation down, GENERAL LEAVE fought because there are the haves and they have allowed people going to there are the have-nots. stores to have a decent holiday because Ms. SOLIS. Mr. Speaker, I ask unani- Trade will help everyone get a bite at they are able to buy products that have mous consent that Members have 5 leg- the apple, and everyone will benefit come into the United States; and be- islative days to revise and extend on through the growth and the experience. cause of imports, the United States of the subject of my Special Order. Mr. BRADY of Texas. Mr. Speaker, if America has become even more produc- The SPEAKER pro tempore (Mr. the gentleman from Illinois will accept tive because of competition that im- KELLER). Is there objection to the re- praise for his role in job creation for Il- ports have provided here. quest of the gentlewoman from Cali- linois, for America, I would like to Now let us give the President the au- fornia? offer it. thority to open up the world to us. As There was no objection.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.153 pfrm01 PsN: H05PT1 H8908 CONGRESSIONAL RECORD — HOUSE December 5, 2001 THE NEED FOR AN ECONOMIC thing that is going to give them the as- But the problem that bothers me is STIMULUS PLAN IN MINORITY surance that we in fact are doing our not just that the big dogs eat, it is the COMMUNITIES job here in the House to take care of only dog that eats. In other words, we The SPEAKER pro tempore. Under them. are not concerned with the gentle- the Speaker’s announced policy of Jan- Mr. Speaker, I know that there is woman’s constituents or my constitu- uary 3, 2001, the gentlewoman from much more that we can do. I am also ents. We were not concerned about California (Ms. SOLIS) is recognized for pleased to have join me tonight the those 100,000 people that we laid off, 60 minutes. gentlewoman from Florida (Ms. that the industry laid off. I am very Ms. SOLIS. Mr. Speaker, today I rise BROWN), the distinguished gentle- concerned about it. with the Congressional Hispanic Cau- woman who is also helping me provide Ms. SOLIS. I also want to point out, cus and the Congressional Black Cau- this important information about our Mr. Speaker, this other chart that I cus to highlight the immediate need minority communities. I know she has have before me. What this indicates for an economic stimulus plan in the a lot to say, and I yield to the gentle- here is all the layoffs and different minority communities we represent. woman from Florida (Ms. BROWN). service sectors or industries that have Many minority communities Ms. BROWN of Florida. Mr. Speaker, been affected from September 12, 2001, throughout our country have been dis- let me thank the gentlewoman for or- to November 19. advantaged in various ways throughout ganizing this Special Order. It is so im- What these figures portray here is, as our country’s history. Historically, portant that we point out the disparity the gentlewoman and I know, and as Latinos and Latin Americans have had within the minority community; and I the gentlewoman from Florida stated higher rates of unemployment, lower have an old saying, that when America earlier, large segments of our commu- rates of health care coverage, and has a cold, African Americans, His- nities, service employees in the airline fewer educational opportunities than panics, have pneumonia. That is what industry, lost many jobs. They did not do their Anglo counterparts. we are here today to discuss, what is receive one penny of that bail-out that Now, I know most Members know going on within those communities, was passed by this House. what I am talking about here. How- and, of course, the economic stimulus I, too, did not vote for that legisla- ever, I would ask that my colleagues in package. tion because I knew that the workers First, I just want to take 1 minute to this House and in the other body keep were not going to receive any type of talk about a subject that is very dear in mind these historical facts as we benefit. to my heart, and that is election re- seek to craft a meaningful economic According to this chart, it says in form. We have not had or passed a bill, stimulus plan. transportation alone over 137,291 jobs a fair election reform bill, and that is My district and those of my col- were lost in that sector alone. In the so close and dear to my heart because leagues joining me here this evening hospitality, tourism, and entertain- of what happened in the last election in are in desperate, desperate need of as- ment industry we lost 135,783 jobs. sistance. We need an economic stim- my district, the Third Congressional b 2000 ulus package now. Although tax cuts District of Florida, where 27,000 Afri- can Americans were disenfranchised. have a role in our economic plan, espe- Communications and utilities, and I Mr. Speaker, there is an article that cially ones similar to a bill that I in- do not think I need to remind folks I will include for the RECORD that was that in California we were hit pretty troduced earlier this year that would written by former President Carter and grant tax rebates to low-income fami- hard with our energy crisis. We lost President Ford on this subject, and I 68,671. This is nationally. lies who did not receive a rebate as a would like to commend the gentleman result of the tax cuts that the Presi- In the manufacturing industry, one from Maryland (Mr. HOYER) and the dent enacted, the most important as- of the largest segments that has been gentleman from Ohio (Mr. NEY) for pect of any economic stimulus plan is affected here, 286,717 jobs lost. their leadership on this issue. In retail trade, that is our small busi- unemployment protection. The title of the article is ‘‘A Holiday nesses, where people are really striving Latino and African American fami- Gift for the Voters,’’ and it talks about to try to make a difference, we lost lies in the Los Angeles area, in Cali- the House and the Senate and the ad- 20,000 jobs. fornia, and throughout the country, are ministration coming close to passing In the services, 47,000. being forced to endure the harsh con- an election reform bill. That is so need- In finance, insurance and real estate, sequences of high, alarmingly high un- ed for the people that were so employment rates. We know that disenfranchised in the last general 31,000. brings on problems. All I have to do is election in this country. In public administration, over 12,000 point out what those current rates are Mr. Speaker, I want to commend the jobs. here in my own district and in Los An- gentlewoman again for her leadership Other jobs, 82,000 jobs. geles County. on this issue, because how minorities A total of 747,850 jobs lost that we I would like to point out for my col- have been affected by 9–11 and the eco- know of, and this information is being leagues that in one of the cities that I nomic downturn is something that we provided to our offices by the AFL– represent in Los Angeles, in South El need to point out, and we need to move CIO. Monte, we know at the national level forward as far as how we address these I would yield time to the gentle- right now the unemployment is at 5.9 issues. woman from Florida (Ms. BROWN). or 5.4 percent, and in the city of South When we passed the transportation Ms. BROWN of Florida. Mr. Speaker, El Monte, which is largely minority, it emergency bill for the airlines, we what stands out most in my mind is is up to 9.3 percent. In the city that I passed $15 billion for the industry. In that the economic stimulus package live in alone, it is 7.6 percent. In other the hearings, when the airline execu- that passed this House, that I did not areas that I can point out here where tives, the CEOs, the big dogs, when vote for, gave more tax breaks to a cer- high numbers of minorities live, such they came to the committee, they indi- tain segment. I call them the country as in the city of Baldwin Park, a large- cated to us that they were going to lay club tax breaks. I say it is the reverse ly working class blue-collar commu- off over 100,000 employees. Robin Hood, and we have practiced it nity, unemployment levels are up to 6.8 Mr. Speaker, I did not vote for the ever since a certain group took over percent. bill because nowhere in the bill did we this House. What I call it is reverse These figures are already dated, and I address those over-100,000 people that Robin Hood, robbing from the poor and can tell the Members now in all hon- were going to be laid off. That is the working people to give tax breaks to esty that these numbers are going to problem with this House, the people’s the rich country club friends. keep going up. These people have not House. That is the problem. The prob- I am so happy to say that the gen- seen the relief that we have talked lem is that, and I like this saying, only tleman from Illinois (Mr. DAVIS), from about in this House. In the economic the big dogs eat here. That means they Chicago, has joined us, and he wants to stimulus plan we passed a few weeks have to have the big-time lobbyists, help us explain to the American people ago, I know that my residents, the peo- and they have to be in with certain about this, the big dogs controlling ple that I represent, have not seen any- people. this debate.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.156 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8909 Mr. DAVIS of Illinois. Mr. Speaker, notice that when she was making the Ms. SOLIS. Mr. Speaker, I yield time first of all, let me congratulate the soup she would take this big spoon and to the gentleman from Illinois (Mr. gentlewoman from California (Ms. go deep down in the pot, and she would DAVIS). SOLIS) and the gentlewoman from Flor- stir up the bottom, and then we could Mr. DAVIS of Illinois. Let me just ida (Ms. BROWN) for organizing this smell the aroma all through house as say one thing as I prepare to leave. The Special Order. They have identified one the ingredients mixed, and then we gentlewoman from Florida’s (Ms. of the most immediate needs in our could be filled with nutrients as we BROWN) grandmother was not only a country, and that is the need to stimu- would eat the soup. We would be great pie maker but she was also a very late the economy. healthy and happy. wise woman, because she taught the I guess it must be somewhat official This is what America has to do if we gentlewoman from Florida the value of now in that economists are declaring are going to stimulate the economy, getting a slice of that pie. Keep doing that we are in a recession, and I can that is, raise the minimum wage, ex- the work that your grandmother tell my colleagues, if the economy tend coverage for unemployed workers, taught you. overall is in a recession, then in much for people who are laid off, give them Ms. BROWN of Florida. Mr. Speaker, of my district we are in a depression. some health benefits so they can still I thank the gentleman from Illinois For if America sneezes economically, be healthy, and then put the people (Mr. DAVIS) for his comments. many low income, intercity, rural and back to work. If we are not prepared to Mrs. CLAYTON. Mr. Speaker, I want marginalized communities catch pneu- do that, then we are not really talking to thank both these gentlewomen for monia. If the economic temperature about a stimulus. We are talking about arranging the Special Order of this drops, we go into a deep freeze. There- a trickle-down system that does not very important subject on the stimulus fore, we need an economic stimulus, work. and pointing out to the American peo- and I mean a real stimulus, and we I again just commend my colleagues, ple what the ingredients of a good need it now. both of them, for providing us with the stimulus program would mean in order Quite frankly, Mr. Speaker, our re- opportunity to share with the Amer- to benefit all Americans. sponse to the terrorist attacks, I com- ican people. I like the analogy to food, because I mend the Congress, the President and Ms. SOLIS. Mr. Speaker, reclaiming like soup and I like dessert and I like the people for what we have done. What my time, I thank the gentleman from sweet potato pie and I also like the really amazes me the most is what we Illinois (Mr. DAVIS) for being here to- idea of getting a slice of the pie. I do have not done. We have not bailed out night, also, and helping to clarify that not want dessert to be gone. the post office so that people can re- the stimulus plan that was passed out American people, too, understand the gain confidence in our mail services. of this House a few weeks ago did not very basics. They understand that this We have not raised the minimum wage address those workers that are in need economy has had a big slowdown. In so that low-income wage earners may of unemployment insurance. Many fact, recently, the Center on Budget obtain a livable wage. We have not ex- Latino workers, because of the fact and Policy Priorities shared some im- tended health care coverage so that un- that they may not work 40 hours and portant issues in the debate. There are employed workers who were laid off or are viewed as part-timers, will not those who would say that investing in have lost their jobs will have some pro- qualify for any assistance. That means corporate tax reduction or incentive tection. their children, their families will go for corporations would be the way to Please, Mr. Speaker, I hope that no- hungry. stimulate this economy. But, actually, body comes to me again with the same We cannot ask charities to pick up when we understand that the downturn old worn-out, nonproductive, trickle- that, because many of those folks are in this economy is based on a lack of down theories of huge tax breaks for also hurting. We need to do something demand for services and products, big corporations and the wealthy, with here in the House to extend that cov- meaning people are not purchasing the the idea that somehow this will reach erage beyond that, qualify people to products and services that the corpora- those who are most in need. Most make sure that their earnings can be tions have, that they have invested in, often, it does not. I call it the same old calculated according to a sound meth- therefore understandable is the busi- wine in a new bottle, or maybe we od that would treat human beings ade- ness theory that if there are more could call it the same old lemon with a quately, because these are workers products and services than people are new twist. that support our economy. demanding, therefore, they have to re- The real deal is that a rising tide will I appreciate the statements of the duce their employees for that. lift all boats, and so if we want to stim- kind gentleman from Illinois (Mr. So, as we do that, we also create a ulate the economy, take John Smith DAVIS). spiral, and that spiral is we have less who makes $7.50 an hour, give him an I yield time to the gentlewoman from families now with resources to buy extra $50, and I guarantee my col- Florida (Ms. BROWN). those products and services that were leagues he will spend every penny of it, Ms. BROWN of Florida. Mr. Speaker, already reduced. So we are increasing plowing it right back into the econ- I have one question. The gentleman that spiralling that is going down. omy. He may go to the shoe store, buy from Illinois (Mr. DAVIS) talked about Business is based on a market, a mar- little Johnny a pair of shoes, maybe his mother’s soup. Now I need him to ket that can afford to purchase the Suzy a dress. Then the clerk at the know that my grandmother used to do cars or the clothes, the large appli- shoe store can go to the grocery store, a sweet potato pie, and I mean her pie ances or the services. To the extent pick up a gallon of milk, maybe some was the best pie, and those ingredients that is not happening, the economy eggs. Then the clerk at the grocery that she put in the pie represent the in- goes down. store can go to the beauty shop and see gredients that we have here in this Well, what would we put in that soup the cosmetologist who then goes to Congress, the economic stimulus, and to make that economy respond imme- church, puts something in the collec- the key is that everybody always diately? Well, there are some things we tion plate. Maybe the preacher then wants a slice of my grandma’s pie, and could do. Obviously, investment is one, goes to the car dealer, purchases a car, that is what our constituents want. but that is a long-term strategy. We so that he can go and visit his parish- They want a part of that soup and a need a strategy that will bring that ioners in the county hospital. On the part of the pie. aroma of that soup, if I can play on way, he purchases gasoline so that the As I heard one of the colleagues on that analogy a little bit, immediately. person at the gasoline station then the floor say, we know that this is tilt- There was a soup when we are sick we earns some money. ed one way. Tilted was not the word. give, mother’s chicken soup, I think So if we want to really stimulate, I The word was there was nothing left they used to say, and that would really think we need to reach down to where over. There was no pie nor soup for the get us well. We need something to real- the people are. majority of the American people. The ly respond to the illness of the econ- My mother was a great soup maker, economic stimulus package that passed omy, and that does not mean long and she could make a soup that was this House was clearly for the country term. That is not a 6-month strategy. just out of sight. But I would always club set. We need something immediately.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.158 pfrm01 PsN: H05PT1 H8910 CONGRESSIONAL RECORD — HOUSE December 5, 2001 The bill that went out of the House, are programs for youth. Cutting out Eighty percent of all Federal pris- what it did, it proposed to transfer scholarship programs for kids in col- oners are minorities. Fifty percent of neatly funds to the States and to un- lege. them are black. Blacks and Latinos are employment. They did not change the So those are the results of this same not graduating from high school. There strategy, as the gentlewoman indi- kind of ludicrous policy we have going is a 56 percent graduation rate for cated. There are many people who are on in Florida that we are trying to blacks, 54 percent graduation rate for now not eligible for any unemploy- transport here to Washington. Latinos, juxtaposed to a 78 percent ment. So they still will be ineligible. Mrs. CLAYTON. I think both of my graduation rate for whites. Forty-three So what we have done is put more colleagues’ points are very timely, and percent of American children live in or money that is in the State with the it has to be understood in the context near poverty. Thirty-three percent of structure just like it is. It does not of our wanting to have a program that black children live in poverty; 30 per- help those people in their needs. would have an impact immediately, cent of Latino children live in poverty. Ms. SOLIS. Reclaiming my time, I that would not be a permanent fix, Let us talk about being able to just think the gentlewoman from North meaning that we want something that reach the age of 1. Black infant mor- Carolina (Mrs. CLAYTON) makes an ex- is temporary that we can remove when tality is twice that of the rest of the cellent point, and in that stimulus pro- there is no need, but we want some- American population. And as I was sit- gram that was passed on the floor thing that will be responsive for right ting in front of my computer terminal, Members voted on putting aside $3 bil- now. as I do too much because my eyes are lion that would go out to States. Now, The bill that passed the House trans- getting worse, a name came out at me. if the States have an astute governor, ferred unabated or unstructured or un- Jesus Blanco. Jesus Blanco was the that might make sense because he modified to the States the unemploy- first person in the year 2001 to freeze to could be creative and hopefully draw ment insurance that we have called the death on the streets of Washington, down that money and give it to these Reed Act. And what it would do, the D.C. How in the world in this country people who would not otherwise qualify States would have to match it. A case in the land of plenty can we have peo- for unemployment insurance. I am not in point: if Florida is now in a deficit, ple freeze to death on our streets? Five sure that all the governors in this they do not have a reserve to match it. people froze to death in Washington, great country are going to be mindful In fact, again responding to the Cen- D.C. Let us remember the name of of these people that we are talking ter on Budget and Policy Priorities, Jesus Blanco. Twenty-three million about here tonight. they made a survey of all the States, Americans were forced to seek food as- I hope people will heed our concerns and the survey results by the National sistance. But this was when times were and talk to their elected officials as Association of State Workforce Agen- great. This is before there was a reces- well about garnishing that money and cies confirmed that 38 States of the 50 sion. Just imagine what it is going to making sure that it goes to those par- that responded stated that they have be now, when times are bad. And instead of homeland security ticular families that are not going to questioned whether they would use that protects our most precious assets, be eligible under the categories of un- those funds. And most respondents say our values and our people, President employment insurance, as well as the they would not expand or extend the Bush gives us three hits and two misses loss of health care, COBRA. Many peo- benefit. Why? Because they are uncer- in Star Wars national missile defense. ple, because they work for small busi- tain how long this will last. They know what their reserves are, but they are He gives us military tribunals that put nesses, did not have health care cov- us in the same league with Peru. Re- erage. We need to put money into Med- uncertain how long they would be expected to put up a match. member Lori Berenson? Burma, Egypt, icaid so that when they do go to the all of whom we have criticized for their emergency hospital or go get a flu So we need to change that match. The match now does not favor the military tribunals, and now we are shot, they are going to have something going to do the same thing and follow there for them, not next year but this States making that kind of commitment, and the proposal should be where in their footsteps. year. President Bush gave us a recession. we have more of a Federal match ex- I yield time back to the gentlewoman Even though the recession did not start panded for those who are not covered from Florida (Ms. BROWN). as 2001, as early as December 21 in 2000, and the Federal Government assuming 2015 Bush said, and I know it is true be- b more of a responsibility without adding Ms. BROWN of Florida. On that cause it is here on the CBS News Web those extra burdens to States that are site, December 21 Bush said, ‘‘I have point, if the gentlewoman will yield for already bankrupt or find themselves a second, the gentlewoman said some- said that there are some warning signs with real fiscal problems in that area. on the horizon. I think people are going thing that was very important when Now, I want to talk about health; but she spoke of the governors. Because I to find out that when I am sworn in as I know the gentlewoman from Florida President, I will be a realist. And if come from the great State of Florida, wants to respond to that, so I will stop there are warning signs on the horizon, and one thing I can tell my colleagues for a moment. we need to pay attention to them. We about my governor from the great Ms. BROWN of Florida. Well, I first need to act in a positive way to make State of Florida, for the past 3 years want to bring in the gentlewoman from sure that our economy continues to we have given these ludicrous tax cuts. Georgia (Ms. MCKINNEY). grow so people will be able to find high- Well, what is the result? Florida is a Ms. MCKINNEY. Well, I thank my paying jobs. One of my responsibilities tourist State. The tourists are not colleagues very much, the gentle- is to anticipate problems and be pre- coming. OLIS woman from California (Ms. S ), the pared to act.’’ So we have given these large tax cuts gentlewoman from Florida (Ms. But that is not all. every year, and what has happened? BROWN), and the gentlewoman from Ms. BROWN of Florida. If I can inter- Florida now has a $1.3 billion shortfall. North Carolina (Mrs. CLAYTON), my rupt the gentlewoman for one quick Based on spending every dime that we good friend and mentor. second, I have a question. We are going have on a tax cut, now the revenue is The gentlewoman from Florida to take up Fast Track tomorrow. Does not good so we do not have any money. talked about policies from Florida my colleague think that is the solu- So we are going in there cutting pro- coming up to D.C., and I guess what I tion? Is that the President’s solution grams now. And let me just mention a want to talk about is policies from to the high-paying jobs? few. Services for children. Blind kids. Texas coming up to D.C. and the im- Ms. McKINNEY. Well, we all know Can my colleagues imagine that? $15.2 pact that it is going to have on all of that Fast Track is not the solution, be- million cut just in one county. Duvall us. We know that minorities are hit cause I used to represent a rural dis- County school system cut out summer hardest in times of trouble and lifted trict. I know my colleague from North school programs. Florida will take last in times of plenty. But I think it is Carolina currently represents a rural from health care, and we talked about correct to point out tonight some of district, and we lost our jobs. health care earlier today, $146 million, the particular problems that are faced Ms. BROWN of Florida. We lost them $109 million from public safety. Those by minorities in this country. in Florida, too.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.160 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8911 Ms. McKINNEY. If I can return, be- to put cash in individuals’ hands and in have lost their jobs, the most in any cause I would like to finish this, Vice modifying the unemployment insur- month since May of 1980. We have a se- President CHENEY, who before he was ance and providing that insurance in rious situation. sworn in was talking about the reces- such a way that States can use it. As it In addition, the comments that were sion that was on the horizon, and Bush is now, the States will not use the Reed made earlier by the gentlewoman from said as early as this year that a warn- Act because it is too much of a burden Georgia (Ms. MCKINNEY) regarding the ing light is flashing on the dashboard on them. As it is now, the proposal has impact to minorities, the African of our economy and we just cannot too much of a tax break. That means American is a little higher, about 9 drive on and hope for the best. This that only the investment side is there. percent. Unemployment for Hispanics was reported by the American Prospect If we were not in a recession, that and Latinos is 17.2 percent, while the in April of this year. Now, we have got may make some sense. But we are in a national is 5.5 percent. President Bush and Vice President recession, where there is a lack of con- In order for us to turn this around, CHENEY saying all these things, and sumers with cash to buy products and our first priority ought to be our na- President Clinton told them not to services. So we want to find a way tional defense and taking care of our talk up a recession; do not talk it up. where we modify that and have a more homeland. We have been told that we But we have seen plenty of stimulus. equitable way of stimulating interest. do not have enough people in the med- We have seen stimulus for the airline And I thank my colleagues again. ical fields and in the areas to make industry, even before we took care of Ms. BROWN of Florida. I also want to sure that we have first responders to airline security. We have seen stimulus thank the gentlewoman from North help our communities, our cities. for the insurance industry before the Carolina, our former class president, I got a report from the city of San victims of the September 11 tragedies for her leadership. She is always right Antonio, and I was told in the first 2 have even been taken care of. And what on target. weeks after September 11, that we had about America’s working families? The Mr. RODRIGUEZ. I want to thank over 500 calls. The majority were hoax- gentlewoman from Florida (Ms. BROWN) the gentlewoman from California (Ms. es, bomb threats, but it cost the com- even brought us today people from SOLIS). I know she invited me to come munity resources is the bottom line. Florida who were crying not to cripple over and say a few words as it deals That is occurring across the Nation our public hospitals. But that is what with the stimulus package, but let me and has a great impact on our local they are going to do. say that my colleagues are exactly cor- communities. It is the economy, stupid. That was rect. This battle, we have to protect our 1992. And advertise economy, stupid, One of the things we have heard, and troops, but now it is a war, and we have which I am sure the American people we have heard from every single econo- to protect our families. Our families will hear on 2002. A piece of the pie. A mist, with perhaps one exception, we should come first. We ought to consider political piece of the pie as well as an do have Senator GRAMM, who was an that and do the right thing when it economic piece of the pie. economist, but every single economist comes to taking care of the pensions I will yield now, but I have some dev- who is worth anything, the seven Nobel and making sure that workers get good astating news about the election down Prize winners, have indicated that we benefits. As we looked at pensions and in Florida that I want to talk about. have been on the wrong track; that we unemployment benefits, the data is Because when we talk about public pol- have been in this recession since startling. The fact that a great number icy up here, it depends on the actions March; that we need to be able to come of people, if they worked 30 hours, of people who go to the polls and vote together and be able to do the right worked part time, they get nothing. and think their vote is going to be thing. And they agree that if we are Some States are worse than others. counted. And then when they find out going to consider any tax cuts, they People are hurting. that their vote has been stolen from have to be for the basis of creating ad- Mr. Speaker, what little insurance them, and we end up with this kind of ditional jobs. they had, they are having difficulty public policy, maybe it has to do with But we have been sending checks. getting access to their insurance. The how we even arrived at the people who And the economists tell us they do not minority, both African Americans and are sitting making that public policy need cash, what they need is con- Latinos, are the least likely to have in- today. sumers. And in order for us to create surance coverage. Ms. SOLIS. Mr. Speaker, reclaiming consumers, we have to allow those re- Ms. SOLIS. Mr. Speaker, I would like my time, I would ask the gentleman sources to go down there. So one of the to commend the gentleman for coming from Texas (Mr. RODRIGUEZ) to join us first things we need to do, and one of forward today and helping to provide a and also ask the gentlewoman from the first responsibilities that we have, picture of what is happening in Amer- North Carolina (Mrs. CLAYTON) if she is that we have declared war. We have ica, the face of the minorities, Latinos, would like to finish up. to make sure our homeland is secure. African Americans, people who are dis- Mrs. CLAYTON. Yes, I wish to make advantaged, who do not have a voice at a departing comment. I want to visit b 2030 the table. The gentleman said that the an analogy for the American people to That should be first before any tax unemployment rate in some of his cit- understand and for those of us who are cuts. ies is as high as 9 percent. In Los Ange- in this debate; a contrast giving a cor- In addition, let me add that they les, in East L.A., we have upwards of 9 porate investment stimulus and tax were quick to give the tax cuts, and I percent and more, and it is higher for break as investing in the people in saw a check for $1.4 billion for IBM, but the youth. We know that we are always terms of uninsurance benefits. at the same time they are dragging the last hired and the first fired. We If we understand that this economy their feet when it comes to taking care need to do something here to provide a is not due to a lack of cash, it is due to of the people who have been losing stimulus, to get the Senate, the other a lack of economy spending, there are their jobs. Just what happened in New House, to understand that these are not consumers, consumers with money, York, a lot of people have lost their some major concerns that we have, and not corporations without money. It is jobs in South Texas. On the Mexican they can help work this out. not a lack of cash on the part of cor- border, it is taking 3 hours for people Mr. RODRIGUEZ. Mr. Speaker, I porations; it is a lack of cash on the to cross the border. I have a 13 percent want to leave one last message. That is part of the average American citizen to unemployment rate in Starr County, that every single war that we have de- buy products and services. So if we and we are having a rough time, and clared, from the Spanish American war want to really be a realist in what it they are getting impacted like everywhere we had the phone tax to the Gulf will take, we are investing in the one else. War, we have always had a war tax. wrong thing in order to get the econ- When we look at stimulating the This is the first time not only do we omy moving. economy, the only thing we have stim- not have a war tax, we are giving tax We have to put cash in our citizens’ ulated is the corporations. The rest of cuts to special interests and taking hands, and we do that by making sure us have not received any stimulus. In care of them and stimulating them. At we have a structure that will allow us the month of October, 450,000 people the same time, this is the first war

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.162 pfrm01 PsN: H05PT1 H8912 CONGRESSIONAL RECORD — HOUSE December 5, 2001 that we run it on the so-called surplus surance. Because minority workers, their job, and they deserve unemploy- which we know is the resources that unfortunately, earn less than their ment benefits, and they deserve their provide for Social Security and Medi- white counterparts, they receive a health care. care. This war is being run on the smaller unemployment benefit. Families who are laid off, they can- backs of our senior citizens. Additionally, low-paid jobs mean not keep waiting for a bill to be passed, Once again, I congratulate the gen- that workers have less of a chance for hoping that they can extend their rent tlewoman. workers being eligible for health bene- that is due or hoping that they might Ms. BROWN of Florida. Mr. Speaker, fits from their employers while they pay their mortgage sooner or later or did the gentleman say more workers are working and, of course, when they hoping that their children’s tuition lost their job in October than any are laid off. We need to pass a strong will hang tough until they can figure other month since May, 1980? economic stimulus plan, one which ex- out how to pay for their kids to stay in Mr. RODRIGUEZ. Mr. Speaker, that tends the period of time for workers to school. They cannot keep waiting for is correct. That is 450,000 Americans in be eligible for unemployment insur- their grocery bills to be paid as we here the month of October alone. ance and also extends the eligibility. in Congress promise that we are going Ms. BROWN of Florida. Mr. Speaker, We also need a bill that provides for to do something. I think during this shame, shame, shame. comprehensive health benefits for holiday season we must remember Ms. SOLIS. Mr. Speaker, I thank the workers who have lost their jobs. We those who really do need us the most. gentleman for joining us here. need a plan to improve our infrastruc- Tax cuts will not provide relief for Joining us here is the gentlewoman ture which not only creates jobs but these families and for these workers. from California (Ms. LEE). also renovates our crumbling schools We need to provide a safety net imme- Ms. LEE. Mr. Speaker, I thank the and hospitals. diately for families who desperately gentlewoman for her leadership and for Ms. BROWN of Florida. Mr. Speaker, need our attention. Hopefully, we will engaging us in this dialogue tonight. being on the Committee on Transpor- continue to beat the drum, because Because we have to remind the public tation and the Infrastructure, for every this is such an important issue. It is so and the world that, as we move to en- billion dollars that we spend on infra- important for us in December now to hance our national security and our structure, it generates 49,000 jobs. If we really move this bill forward and move public safety, we must also respond to want to stimulate the economy, then it in a way that benefits those that economic security. We must be sure we should invest in the building up of need it the most. that we deal with this by passing a our infrastructure and tie it to home- I thank the gentlewoman for this strong and fair economic stimulus bill land security. Special Order tonight. that provides relief where it is truly Ms. LEE. Mr. Speaker, so infrastruc- Ms. BROWN of Florida. Mr. Speaker, needed. That is to our workers who ture development should be part of any if the gentlewoman would yield, I want have lost their jobs and also their economic stimulus plan that this Con- to mention that the bill that passed this House, the one that passed, I did health care. In losing their jobs, they gress moves forward to the President’s not support it because it did not in- lost their health care. This is really desk. the right way to pass a plan to stimu- We also need to extend the $300 per clude almost any of those elements late the economy. There is always a person rebate which the gentlewoman that we are discussing here tonight. Ms. LEE. Mr. Speaker, it was a tax right way and a wrong way. from California (Ms. SOLIS) has worked cut bill for the country club set. The wrong way to pass a bogus stim- very hard on, because over 50 percent Ms. SOLIS. Mr. Speaker, that is what ulus plan is to allow special interests, of our low-income and minority fami- most people are saying back home: which we are allowing in this Congress, lies were left out of that benefit earlier Why did the Congress vote out a meas- to use this moment to push and to so- this year, and that is not fair. That is ure that does nothing for our families? lidify their corporate welfare agenda. wrong, and we should correct it since Mr. Speaker, I yield to Mrs. JONES. The gentlewoman from Florida (Ms. we have the opportunity to correct it Mrs. JONES of Ohio. Mr. Speaker, I BROWN) referred to tomorrow’s vote on now. thank the gentlewoman for this oppor- Fast Track. That is just another slap Ms. SOLIS. Mr. Speaker, reclaiming tunity to discuss the economic stim- in the face to American workers. We my time, I know her district is a lot ulus package. I agree with the state- have got to put a stop to this. We are like mine, many folks that maybe just ments that have been made by my here tonight trying to frame the argu- got laid off from the hotel and res- prior colleagues, and I would like to as- ments so people understand that there taurant industry that was shattered by sociate myself with their comments. are many in this Congress that under- the September 11 attack. It hit all of If the gentlewoman would allow me, I stand that an economic stimulus plan us, no matter where the worker is, and would like to bring this issue particu- should target those in need. Creating on the chart here, 137,000 or more jobs larly back to my own congressional jobs and economic development activi- were lost. What about the people al- district. ties stimulate the economy. Providing ready on the short stick that got pink Mr. Speaker, currently, we have LTV for fair employment and health bene- slips before that disaster? Steel Company in bankruptcy. In fact, fits to those who have lost their jobs, One of things that was an eye-opener in court yesterday and today, the steel that creates economic stability, and for me, I visited one of the unions that company has moved to have an oppor- that is the right thing to do. had a lot of employees laid off. The tunity to corral its assets and sell I am really happy that the gentle- union decided to put together a food those assets. As a result thereof, we are woman from Georgia (Ms. MCKINNEY) bank to bring together resources to try looking at losing 3,200 workers from and all of the Members here on the to help these people out. What are we LTV Steel. If those 3,200 workers are floor tonight are talking about how mi- doing in this stimulus package that got laid off, another 40,000 workers across norities are especially affected by this passed here that is going to provide the State of Ohio will be impacted by recession and need an economic stim- coverage for those families? I go back the layoff. ulus plan. The percentage of African to that same thought that the gov- Two things that I would like to have Americans and Latinos who are unem- ernors can take hold of $3 billion that happen on the economic stimulus pack- ployed rose more than 2 percent be- is earmarked for every State. Every age is that the steel loan guarantee tween October, 2001, going back to Oc- State can go into that pot and get would be changed, that it would allow tober, 2000. Minority women were af- money, but which astute governors are the steel loan guarantee bar to be re- fected the most. African Americans going to do that? duced to allow a steel company in the and Latinos are more likely to lose Ms. LEE. Mr. Speaker, if the gentle- United States to have the same appli- their jobs than other workers. woman would yield, the gentlewoman cation process as a steel company in a Additionally, many minority workers is right. This is through no fault of foreign country. Currently, if you are are not eligible for unemployment in- their own. They lost their jobs through building a steel company in a foreign surance because they work part-time either recessionary measures or as a country, your economic layout does or short-term jobs. That knocks them result of the tragedy of September 11. not have to be as strong as if you are out of eligibility for unemployment in- However they lost their job, they lost building in the United States.

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.164 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8913 Secondly, I would like to have added raise up and do more. When we have Americans. It has been particularly devastating a proposal that would allow for net op- had special orders talking about how to the African-American community, both na- erating losses to be used by steel com- women and children are doing in other tionally and in my congressional district in panies when they have not been able to countries, we need to look at how Miami. We are in the midst of an economic use them before because they have not women and children are doing in this crisis in the African-American community. My been profitable and let those dollars be country, how are women and children constituents desperately need relief. They used as tax credits to pay retiree doing in this country. need help and they need it now. It’s scan- health care benefits, legacy costs, as Many of those workers that we are dalous that, almost 3 months after the des- well as to pay retiree health care bene- talking about are the head of the picable attacks of September 11th, we have fits and retirement. household, so, therefore, when they yet to pass any meaningful relief for our work- lose their jobs and there are no benefits ers and their families. Let’s look at the facts: b 2045 and the benefits run out, there is no In October 2000, nationally, the percentage of I recognize that our time is coming safety net, and it is our responsibility unemployed African-Americans was 7.4%. In to an end. I thank you for the oppor- to do what we can to make a difference October 2001, the percentage is 9.7%, an in- tunity to be heard. I would encourage for the people in this country. crease of 2.3% which is an increase of 32% those of you who are listening to me Once again, I want to thank the gen- in the African-American unemployment rate in and my colleagues to allow these two tlewoman for her leadership in orga- the past year. The rate went up 1.0% from amendments to any economic stimulus nizing this special order. 8.7% to 9.7% between September 2001 and package we present so that the steel Ms. SOLIS. Mr. Speaker, reclaiming October 2001. industry, that has significant numbers my time, I want to thank the gentle- From October 2000 to October 2001, the of minorities and women in those jobs, woman from Florida and my colleagues unemployment rate among African-American that they be able to stay in decent high that have come and spoken here to- adult women, 20 and over, went from 5.8% to paying jobs. I thank you for the oppor- night. Obviously you can tell that the 8.9%, an increase of 3.1%, which is an in- tunity to be heard. women of this House, the minority crease of almost 53% in that unemployment Ms. SOLIS. I thank the gentlewoman women, are sending a resounding mes- rate in the past year. for her remarks. It is very appropriate, sage to the public that the stimulus From October 2000 to October 2001, the given the discussion that we had ear- program that passed out of this House unemployment rate among African American lier today on the floor, but also with did not go far enough. adult men, 20 and over, went from 7.0% to the vote that we are going to take to- This is going to be a sad Christmas 8.0%, an increase of 1.0%, which is an in- morrow on fast track. The whole irony for many families all over the country, crease of about 15% in that unemployment is that we are going to be charged with and particularly for those women and rate in the past year. building up our defense, and where do children that get no benefit at all. From October 2000 to October 2001, the we get the steel? They are not that group of people that unemployment rate among African American Mrs. JONES of Ohio. From foreign got the tax cuts. They are not the teens, (16–19 years, went from 21.2% to countries. group of people that got the tax break, 29.0%, an increase of 7.2%, which is an in- Ms. BROWN of Florida. I want to because they did not get enough money crease of about 32% in that unemployment thank the gentlewoman for organizing to earn to get a tax break. rate in the past year. In Miami-Dade County, in October 2001, the this special order. I think it is so very, Let us do the right thing. Let us first month to reflect the impact of the Sep- very needed, that we point out how the make sure we put money and food on tember 11th attacks, the unemployment rate minority communities around this their tables and in their pockets so was 7.3%, up .9% from September 2001, and country are suffering. You talked that they have a wonderful Christmas, up 2.0% from October 2000, an increase of about California, but I want to point something that I think all of us here 36% in the past year. Normally, in Miami, the out I represent the third Congressional can get behind. unemployment rate drops slightly between District of Florida that goes from Again, just to reiterate, the numbers September and October because of tourism Jacksonville to Orlando, and we have here, the totality is still unforeseen. In and agriculture. Obviously, this year, every- had one of the largest declines in tour- our districts we have more people get- thing is different because of the catastrophic ists coming into the area. An area that ting pink slips every single day, and decline in tourism that resulted from Sep- had 30 million people coming through, those people are waiting for us to take it is scary when you look at the de- tember 11th. action here in the House. Initial claims for unemployment benefits in cline. It is for many reasons. People I want to thank my colleagues, and I Miami-Dade County jumped from 7,100 in are not taking personal family trips, hope that those that are not here to- September 2001 to 13,200 in October 2001, and we want to encourage them to do night, that perhaps are listening to us, an increase of 85%! Initial claims for unem- that, but they are not going to do it if will understand the urgency of trying ployment in October 2001 were up 143% from they do not have jobs. They are not to provide immediate relief to those October 2000 because of major layoffs in tour- going to be tourists if they do not have families, the working families that ism-related industries such as air transpor- the jobs. That is just common sense. made America the great country that tation, water transportation, hotels, and busi- So, job creation should be one of the it has been, and to provide that secu- ness services. things we should be doing, along with rity, that safety net, for all Americans, Mr. Speaker, in this downturn, so far two- training, to stimulate the economy. regardless of race, color and gender. thirds of all mass layoffs and 74% of all initial When we think about homeland secu- Mrs. MEEK of Florida. Mr. Speaker, I com- claims for unemployment insurance have rity, let us look at it. We have looked mend my good friends, Congresswoman come from the manufacturing and service in- at the security of the airports, but we CORRINE BROWN and Congresswoman HILDA dustries. From October 2000 to October 2001, have not discussed the ports. That is SOLIS, for organizing this Special Order and nationally, over 1 million jobs were lost in the another area. For every $1 billion we for their leadership in bringing public attention manufacturing sector as employment fell from spend, it creates 49,000 jobs. We have to the disproportionate impact of the post-Sep- 18.4 million to 17.3 million jobs. The Service not discussed Amtrak. That is another tember 11th economic downturn on minority Sector lost 70,000 jobs from October 2000 to area that we need to deal with as far as communities. October 2001 (1.93 million down to 1.86 mil- security. In fact, we need to change our Mr. Speaker, the September 11th attacks lion). From October 2000 to October 2001, mode of operation completely on how have radically altered business prospects there was a loss of 42,000 jobs in the res- we do things in this country, and we throughout our country. No community has taurant sector alone! need to beef up security. That should been spared. While even places thousands of Nationwide, in September 2001, the number be targeting part of any economic miles from the destruction of September 11th of layoffs and initial claimants for unemploy- stimulus package that we bring forth have been severely affected, tourist depend- ment insurance reached its highest levels to the American people. ent communities that rely upon the airlines an since April, 1995. When the November figures One of my favorite scriptures that I the hotel industry, like my home town of are released this Friday, the figures are likely quote all the time is to whom God has Miami, have been particularly hard hit. to be even higher. given much, much is expected, and he Mr. Speaker, the post-September 11th eco- Mr. Speaker, we all know about last hired, is expecting us during this time to nomic downturn has been difficult for many first fired. African-Americans get laid off more

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\CR\FM\K05DE7.166 pfrm01 PsN: H05PT1 H8914 CONGRESSIONAL RECORD — HOUSE December 5, 2001 frequently in an economic downturn. For dec- against the United States. We heeded the call those soon to enter that group? With busi- ades now, for reasons ranging from lower of all Americans and said: Never, again. We nesses folding each day, our actions must educational levels, to the remoteness of job stood shoulder to shoulder with President work to ensure that we help the least fortunate hubs from African-American neighborhoods, to Bush, our Commander in Chief, firmly united of the working world as well as to strengthen the over-representation of blacks in low-skill in our resolve to identify and punish all na- the hand of small and medium enterprises that part-time jobs with little security, to the impact tions, organizations and persons who planned, employ almost two-thirds of the work force. of racial discrimination, the African-American authorized, committed, or aided the Sep- For me and for many of my distinguished unemployment rate has been roughly twice tember 11th terrorist attacks, or harbored such colleagues in this House, this issue strikes that of the white rate. organizations or persons. We unanimously close to home. In our districts, across the Mr. Speaker, the tens of thousands of work- passed the $40 billion Emergency Supple- country, large numbers of our constituents, ers who have lost their jobs as a result of the mental Appropriations bill to finance some of particularly women, are employed in the serv- September 11th terrorist attacks need imme- the tremendous costs of fighting terrorism and ice economy. They hold part-time or low-pay- diate relief. Since September 11th, more than of helping and rebuilding the communities dev- ing jobs. Many also have been the first to lose 100,000 airline employees have lost their jobs. astated by these horrendous attacks. We pro- employment due to the layoffs and to the im- Many thousands more workers in industries divided cash assistance and loan guarantees to pact of the September 11th terrorist attacks. rectly and indirectly affected by the disruption the airline industry. Now, Mr. Speaker, we They have joined the throngs of the unem- of the airline industry also have been laid off. must demonstrate the same resolve, the same ployed and have lost the minimal health and Small businesses also have been hit very hard commitment on behalf of our workers. Deeds, other benefits—if they had any. This situation by the September 11th attacks. Many of them not just words, are required. All of these hard is highly notable in minority communities lost key customers who constituted the lion’s working, innocent displaced workers and their across the major urban areas of America. share of their business, as well as key sup- families desperately need our help. We must What is being viewed as a recession in much pliers who enabled them to do business. Un- hear and answer their pleas. They need our of the country could be termed a depression fortunately, it seems clear that we have not help and need it now. We cannot rest until we in these already disadvantaged communities. yet hit bottom. Unless we act promptly and de- have met their needs. In my own district, unemployment among Afri- cisively, many more hard working Americans, Mr. Speaker, even in good economic times, can-Americans, Hispanic-Americans and other through no fault of their own, soon will lose African-Americans suffer the nation’s highest minority groups, many of whom work in the their jobs. Mr. Speaker, all of these workers unemployment rates. In bad times, they tend travel and tourism areas has reached a high desperately need our help and they need it to fare even worse losing jobs at a dispropor- proportion. As pointed out, unemployment in now. tionate rate and remaining out of work longer the Los Angeles area is well above the na- Mr. Speaker, the human costs of this eco- than other Americans. Mr. Speaker, this Con- tional level. nomic downturn for many of our fellow Ameri- gress said yes to the airlines and to other with Mr. Speaker, we should be grateful for the cans are truly staggering. Airline and airport extraordinary needs arising as a result of the attention on this critical matter being brought workers, transit workers, employees who work September 11th attacks. Our workers deserve forward today by my distinguished colleagues, for airline suppliers such as service employees at least the same level of support. They have Congresswoman HILDA SOLIS and Congress- and plane manufacturers, all face common already waited far too long. Let’s do the right woman CORRINE BROWN. This Special Order problems and challenges. Their mortgages, thing for the minority community and all of our should serve notice that we as congressional rents, and utilities still must be paid. Food displaced workers by providing them with fair leaders want an economic stimulus package must be placed on the table. Children must be and immediate relief. as much as the rest of the nation. We just clothed. Health care costs must be covered. Ms. MILLENDER-MCDONALD. Mr. Speaker, want to prepare a plan that will aid the great- While some will get by depleting their sav- we all know that today Chairman THOMAS and est number of our working citizens to ride out ings, the vast majority of those who have lost a number of our colleagues have begun nego- the effects of the worse economic downturn their jobs have little or no savings to deplete. tiations on an Economic Stimulus Package. we have experienced in two decades. We All of these workers need a strong, flexible We also know that the administration and want to ensure that this worsening job market and lasting safety net, the kind that only the most of us are anxious to come to some kind is not disproportionately felt by our minority Federal government can provide. With no in- of an accommodation that will help revive our constituents who are already struggling to come coming in and little prospect for prompt faltering economy. Economic conditions are maintain their families at a level of dignity and re-employment within their chosen field, these spiraling downward every day and certain sec- well-being against difficult odds. displaced workers must search for new jobs tors are experiencing dramatic setbacks. The Black men, women and teenage citizens while few firms are even hiring. While some traditional tourism and travel industries were since 2000 have borne the brunt of falling em- will find new positions quickly, many, if not the first to feel the impact. These industries ployment at a higher rate than other Ameri- most, will not. Some of this unemployment will fuel the service jobs that have been the first cans. Since the playing field is not yet level be structural as some of these industries will line of fire. The unemployment statistics are and hiring discrimination, unfortunately, is still be downsizing permanently. As a result, many growing worse with each passing day with a fact of life in our great country, what can we workers will have to retrain in a new field or thousands of people set adrift with little or no do to help these impoverished communities? receive additional training in their chosen field compensation. Most of these jobs are at the Mr. Speaker, there must be a safety net simply to get reemployed. low-paying, minimum wage end of the scale below which no working American should fall. So what is it that these workers need? Just for which there is no soft landing, no cushion I urge us to come up with a stimulus package like those workers who qualify for help under for these workers. that can achieve this objective in the imme- the Trade Adjustment Assistance Program, Therefore, the matter of directing economic diate term. This is an important challenge for workers who lost their jobs because of the stimulus towards lower-income workers is of us and has implications for our nation’s recov- September 11th attacks need extended unem- vital importance towards the goal of this nation ery, both economically and psychologically ployment and job training benefits (78 weeks regaining economic health. If more deficits from the horrific attacks of September 11. We instead of 26 weeks). Those workers who occur as a result of misdirected tax breaks for need urgent action. We cannot delay any fur- would not otherwise qualify for unemployment the upper 2% of the spectrum, we will not be ther on this critical task before us. benefits need at least 26 weeks of benefits. able to achieve a positive outcome. There will Ms. SOLIS. Mr. Speaker, I yield back These workers especially need COBRA con- not be enough stimuli for both bread and but- the balance of my time. tinuation coverage, that is, they need to have ter and the working poor will become even f their COBRA health insurance premiums paid more devastated. Painful choices will have to for in full for up to 78 weeks, or until they are be made between paying for food or for the CONFERENCE REPORT ON H.R. 2944, re-employed with health insurance coverage, car note, for the mortgage or for medicine. DISTRICT OF COLUMBIA APPRO- whichever is earlier. Those without COBRA Mr. Speaker, in my mind it would be disas- PRIATIONS ACT, 2002 coverage need coverage under Medicaid. trous to force such choices on our fellow citi- Mr. KNOLLENBERG (during the spe- Mr. Speaker, this Congress acted quickly zens when they are already suffering severe cial order of Ms. SOLIS) submitted the and responsibly to meet the challenges posed loss. How could we in good conscience pro- following conference report and state- by the September 11th attacks. We acted as vide immediate refunds of corporate taxes ment on the bill (H.R. 2944) making ap- one to pass the Joint Resolution authorizing paid since 1986, which were minimum to propriations for the government of the the use of United States Armed Forces begin with, when we should be addressing the District of Columbia and other activi- against those responsible for the attacks plight of the ranks of the unemployed and ties chargeable in whole or in part

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.075 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8915 against revenues of said District for $1,000,000 of said amount shall be used for the March 30, 2002 on the allocation of these re- the fiscal year ending September 30, establishment of a scholarship fund for District sources and a description of each agencies’ re- 2002, and for other purposes: of Columbia children of adoptive families, and source commitment to this project for fiscal year District of Columbia children without parents 2003. CONFERENCE REPORT (H. REPT. 107–321) due to the September 11, 2001 terrorist attack to FEDERAL PAYMENT FOR EMERGENCY PLANNING The committee of conference on the dis- be used for post high school education and AND SECURITY COSTS IN THE DISTRICT OF CO- agreeing votes of the two Houses on the training.’’. LUMBIA amendment of the Senate to the bill (H.R. FEDERAL PAYMENT TO THE CAPITOL CITY CA- For a Federal payment to the District of Co- 2944) ‘‘making appropriations for the govern- REER DEVELOPMENT AND JOB TRAINING PART- lumbia for emergency planning and security ment of the District of Columbia and other costs and to reimburse the District for certain activities chargeable in whole or in part NERSHIP security expenses related to the presence of the against revenues of said District for the fis- For a Federal Payment to the Capitol City Ca- Federal Government in the District of Columbia, cal year ending September 30, 2002, and for reer Development and Job Training Partnership, $16,058,000: Provided, That $12,652,000 shall be other purposes’’, having met, after full and $500,000. made available immediately to the District of free conference, have agreed to recommend FEDERAL PAYMENT TO THE CAPITOL EDUCATION Columbia Emergency Management Agency for and do recommend to their respective Houses UND F planning, training, and personnel costs required as follows: For a Federal payment to the Capitol Edu- for development and implementation of the That the House recede from its disagree- cation Fund, $500,000. emergency operations plan for the District of ment to the amendment of the Senate, and Columbia, to be submitted to the appropriate agree to the same with an amendment, as FEDERAL PAYMENT TO THE METROPOLITAN Federal agencies: Provided further, That a de- follows: KAPPA YOUTH DEVELOPMENT FOUNDATION, INC. tailed report of actual and estimated expenses In lieu of the matter stricken and inserted For a Federal payment to the Metropolitan incurred shall be provided to the Committees on by said amendment, insert: Kappa Youth Development Foundation, Inc., That the following sums are appropriated, out $450,000. Appropriations of the Senate and the House of of any money in the Treasury not otherwise ap- Representatives no later than June 15, 2002: Pro- FEDERAL PAYMENT TO THE FIRE AND vided further, That $3,406,000 of such amount propriated, for the District of Columbia for the EMERGENCY MEDICAL SERVICES DEPARTMENT fiscal year ending September 30, 2002, and for shall be made available immediately for reim- For a Federal payment to the Fire and Emer- bursement of fiscal year 2001 expenses incurred other purposes, namely: gency Medical Services Department, $500,000 for by the District of Columbia for equipment pur- FEDERAL FUNDS dry-docking of the Fire Boat. chased for providing security for the planned EDERAL AYMENT FOR ESIDENT UITION F P R T FEDERAL PAYMENT TO THE CHIEF MEDICAL meetings in September 2001 of the World Bank UPPORT S EXAMINER and the International Monetary Fund in the For a Federal payment to the District of Co- For a Federal payment to the Chief Medical District of Columbia: Provided further, That the lumbia, to be deposited into a dedicated ac- Examiner, $585,000 for reduction in the backlog Mayor and the Chairman of the Council of the count, for a nationwide program to be adminis- of autopsies, case reports and for the purchase District of Columbia shall develop, in consulta- tered by the Mayor, for District of Columbia of toxicology and histology equipment. tion with the Director of the Office of Personnel resident tuition support, $17,000,000, to remain Management, the United States Secret Service, available until expended: Provided, That such FEDERAL PAYMENT TO THE YOUTH LIFE the United States Capitol Police, the United funds, including any interest accrued thereon, FOUNDATION States Park Police, the Washington Metropoli- may be used on behalf of eligible District of Co- For a Federal payment to the Youth Life tan Area Transit Authority, regional transpor- lumbia residents to pay an amount based upon Foundation, $250,000 for technical assistance, tation authorities, the Federal Emergency Man- the difference between in-State and out-of-State operational expenses, and establishment of a agement Agency, the Governor of the State of tuition at public institutions of higher edu- National Training Institute. Maryland and the Governor of the Common- cation, or to pay up to $2,500 each year at eligi- FEDERAL PAYMENT TO FOOD AND FRIENDS wealth of Virginia, the county executives of ble private institutions of higher education: Pro- For a Federal payment to Food and Friends, contiguous counties of the region and the re- vided further, That the awarding of such funds $2,000,000 for their Capital Campaign. spective state and local law enforcement entities may be prioritized on the basis of a resident’s in the region an integrated emergency oper- academic merit, the income and need of eligible FEDERAL PAYMENT TO THE CITY ADMINISTRATOR ations plan for the District of Columbia in cases students and such other factors as may be au- For a Federal payment to the City Adminis- of national security events, including terrorist thorized: Provided further, That the District of trator, $300,000 for the Criminal Justice Coordi- threats, protests, or other unanticipated events: Columbia government shall establish a dedicated nating Council for the District of Columbia. Provided further, That such plan shall include account for the Resident Tuition Support Pro- FEDERAL PAYMENT TO SOUTHEASTERN a response to attacks or threats of attacks using gram that shall consist of the Federal funds ap- UNIVERSITY biological or chemical agents: Provided further, propriated to the Program in this Act and any For a Federal payment to Southeastern Uni- That the city shall submit this plan to the Com- subsequent appropriations, any unobligated bal- versity, $500,000 for a public/private partnership mittees on Appropriations of the Senate and the ances from prior fiscal years, and any interest with the District of Columbia Public Schools at House of Representatives no later than January earned in this or any fiscal year: Provided fur- the McKinley Technology High School campus. 2, 2002: Provided further, That the Chief Finan- ther, That the account shall be under the con- cial Officer of the District of Columbia shall FEDERAL PAYMENT TO THE DISTRICT OF trol of the District of Columbia Chief Financial provide quarterly reports to the Committees on COLUMBIA PUBLIC SCHOOLS Officer who shall use those funds solely for the Appropriations on the use of the funds under purposes of carrying out the Resident Tuition For a Federal payment to the District of Co- this heading, beginning not later than April 2, Support Program: Provided further, That the lumbia Public Schools, $2,500,000, of which 2002. Resident Tuition Support Program Office and $2,000,000 shall be to implement the Voyager Ex- FEDERAL PAYMENT TO THE CHIEF FINANCIAL the Office of the Chief Financial Officer shall panded Learning literacy program in kinder- OFFICER OF THE DISTRICT OF COLUMBIA garten and first grade classrooms in the District provide a quarterly financial report to the Com- For a Federal payment to the Chief Financial of Columbia Public Schools; $250,000 shall be for mittees on Appropriations of the Senate and Officer of the District of Columbia, $8,300,000, of the Failure Free Reading literacy program for House of Representatives for these funds show- which $2,250,000 shall be for payment for a pilot non-readers and special education students; and ing, by object class, the expenditures made and project to demonstrate the ‘‘Active Cap’’ river $250,000 for Lightspan, Inc. to implement the the purpose therefor: Provided further, That not cleanup technology on the Anacostia River; eduTest.com program in the District of Columbia more than seven percent of the total amount ap- $500,000 shall be for payment to the Wash- Public Schools. propriated for this program may be used for ad- ington, D.C. Sports and Entertainment Commis- ministrative expenses. FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA sion which, in coordination with the U.S. Soccer FEDERAL PAYMENT FOR INCENTIVES FOR AND FEDERAL LAW ENFORCEMENT MOBILE Foundation, shall use the funds for environ- ADOPTION OF CHILDREN WIRELESS INTEROPERABILITY PROJECT mental and infrastructure costs at Kenilworth The paragraph under the heading ‘‘Federal For Federal payments in support of the Dis- Park in the creation of the Kenilworth Regional Payment for Incentives for Adoption of Chil- trict of Columbia and the Federal law enforce- Sports Complex; $600,000 shall be for payment to dren’’ in Public Law 106–113, approved Novem- ment Mobile Wireless Interoperability Project, the One Economy Corporation, a non-profit or- ber 29, 1999 (113 Stat. 1501), is amended to read $1,400,000, of which $400,000 shall be for a pay- ganization, to increase Internet access to low- as follows: ‘‘For a Federal payment to the Dis- ment to the District of Columbia Office of the income homes in the District of Columbia; trict of Columbia to create incentives to promote Chief Technology Officer, $333,334 shall be for a $500,000 shall be for payment to the Langston the adoption of children in the District of Co- payment to the United States Secret Service, Project for the 21st Century, a community revi- lumbia foster care system, $5,000,000: Provided, $333,333 shall be for a payment to the United talization project to improve physical education That such funds shall remain available until States Capitol Police, and $333,333 shall be for a and training facilities; $1,000,000 shall be for September 30, 2003, and shall be used to carry payment to the United States Park Police: Pro- payment to the Green Door Program, for capital out all of the provisions of title 38 of the Fiscal vided, That each agency shall participate in the improvements at a community mental health Year 2001 Budget Support Act of 2000, effective preparation of a joint report to the Committees clinic; $500,000 shall be for payment to the His- October 19, 2000 (D.C. Law 13–172), as amended, on Appropriations of the Senate and the House torical Society of Washington, for capital im- except for section 3808: Provided further, That of Representatives to be submitted no later than provements to the new City Museum; $200,000

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for a payment to Teach for America DC, for ADMINISTRATIVE PROVISIONS (2) in subsection (b)— teacher development; $350,000 for payment to Section 11–1722(a), District of Columbia Code, (A) by striking ‘‘1300’’ each time it appears the District of Columbia Safe Kids Coalition, to is amended in the first sentence by striking ‘‘, and inserting ‘‘1900’’; promote child passenger safety through the subject to the supervision of the Executive Offi- Child Occupant Protection Initiative; $50,000 for cer’’. (B) by striking ‘‘2450’’ each time it appears payment for renovations at Eastern Market; Section 11–1723(a)(3), District of Columbia and inserting ‘‘3600’’. $1,000,000 shall be for payment to the Excel In- Code, is amended by striking ‘‘and the internal FEDERAL PAYMENT FOR FAMILY COURT ACT stitute Adult Education Program to be used by auditing of the accounts of the courts’’. the Institute for construction and to acquire CRIME VICTIMS COMPENSATION FUND For carrying out the District of Columbia construction services provided by the General (a) TREATMENT OF UNOBLIGATED BALANCES.— Family Court Act of 2001, $24,016,000, of which Services Administration on a reimbursable basis; Section 16(d) of the Victims of Violent Crime $23,316,000 shall be for the Superior Court of the $300,000 shall be for payment to the Woodlawn Compensation Act of 1996 (sec. 4–515(d), D.C. District of Columbia and $700,000 shall be for Cemetery for restoration of the Cemetery; Official Code), as amended by section 403 of the the Mayor of the District of Columbia of which $250,000 shall be for payment to the Real World Miscellaneous Appropriations Act, 2001 (as en- $200,000 shall be for completion of a plan by the Schools concerning 21st Century reform models acted into law by section 1(a)(4) of the Consoli- for secondary education and the use of tech- Mayor on integrating the computer systems of dated Appropriations Act, 2001), is amended— nology to support learning in the District of Co- the District of Columbia government with the (1) by striking ‘‘in excess of $250,000’’; lumbia; $300,000 shall be for payment to a men- Family Court of the Superior Court of the Dis- (2) by striking ‘‘and approved by’’ and insert- trict of Columbia: Provided, That the Mayor toring program and for hotline services; $250,000 ing ‘‘which is submitted to’’; and shall be for payment to a youth development shall submit a plan to the President and the (3) by striking ‘‘and not less than 80 percent’’ Congress within six months of enactment of that program with a character building curriculum; and all that follows and inserting the following: Act, so that social services and other related and $250,000 shall be for payment to a basic val- ‘‘except that under such plan— services to individuals and families serviced by ues training program. ‘‘(1) 50 percent of such balance shall be used FEDERAL PAYMENT TO THE DISTRICT OF for direct compensation payments to crime vic- the Family Court of the Superior Court and COLUMBIA CORRECTIONS TRUSTEE OPERATIONS tims through the Fund under this section and in agencies of the District of Columbia government For salaries and expenses of the District of accordance with this Act; and (including the District of Columbia Public Columbia Corrections Trustee, $30,200,000 for ‘‘(2) 50 percent of such balance shall be used Schools, the District of Columbia Housing Au- the administration and operation of correctional for outreach activities designed to increase the thority, the Child and Family Services Agency, facilities and for the administrative operating number of crime victims who apply for such di- the Office of the Corporation Counsel, the Met- costs of the Office of the Corrections Trustee, as rect compensation payments.’’. ropolitan Police Department, the Department of authorized by section 11202 of the National Cap- (b) LIMIT ON USE OF AMOUNTS FOR ADMINIS- Health, and other offices determined by the ital Revitalization and Self-Government Im- TRATIVE EXPENSES.—Section 16(e) of such Act Mayor) will be able to access and share informa- provement Act of 1997 (Public Law 105–33; 111 (sec. 4–515(e), D.C. Official Code), as amended tion on the individuals and families served by Stat. 712) of which $1,000,000 is to fund an ini- by section 202(d) of the Fiscal Year 2001 Budget the Family Court: Provided further, That tiative to improve case processing in the District Support Act of 2000 (D.C. Law 13–172), is $500,000 of such amount provided to the Mayor of Columbia criminal justice system, $500,000 to amended to read as follows: shall be for the Child and Family Services Agen- remain available until September 30, 2003 for ‘‘(e) All compensation payments and attor- cy to be used for social workers to implement building renovations or space acquisition re- neys’ fees awarded under this Act shall be paid Family Court reform: Provided further, That the quired to accommodate functions transferred from, and subject to, the availability of monies chief judge of the Superior Court shall submit from the Lorton Correctional Complex, and in the Fund. Not more than 5 percent of the the transition plan for the Family Court of the $1,500,000 to remain available until September total amount of monies in the Fund may be used Superior Court as required under the District of 30, 2003, to be transferred to the appropriate to pay administrative costs necessary to carry Columbia Family Court Act of 2001 to the Comp- agency for the closing of the sewage treatment out this Act.’’. troller General (in addition to any other require- plant and the removal of underground storage (c) EFFECTIVE DATE.—The amendments made ments under such section): Provided further, tanks at the Lorton Correctional Complex: Pro- by this section shall take effect as if included in That the Comptroller General shall prepare and vided, That notwithstanding any other provi- the enactment of section 403 of the Miscella- submit to the President and Congress an anal- sion of law, funds appropriated in this Act for neous Appropriations Act, 2001. ysis of the contents and effectiveness of the the District of Columbia Corrections Trustee PAYMENTS FOR REPRESENTATION OF INDIGENTS plan, including an analysis of whether the plan shall be apportioned quarterly by the Office of (a) SERVICES OF COUNSEL.— contains all of the information required under Management and Budget and obligated and ex- (1) IN GENERAL.—Section 11–2604, District of such section within 30 calendar days after the pended in the same manner as funds appro- Columbia Code, is amended— submission of the plan by the Superior Court: priated for salaries and expenses of other Fed- (A) in subsection (a), by striking ‘‘$50’’ and Provided further, That the funds provided eral agencies. inserting ‘‘$65’’; and under this heading to the Superior Court shall FEDERAL PAYMENT TO THE DISTRICT OF (B) in subsection (b)— (i) by striking ‘‘$1300’’ each place it appears not be made available until the expiration of the COLUMBIA COURTS 30-day period (excluding Saturdays, Sundays, For salaries and expenses for the District of and inserting ‘‘$1900’’, and (ii) by striking ‘‘$2450’’ each place it appears legal public holidays, and any day on which Columbia Courts, $112,180,000, to be allocated as and inserting ‘‘$3600’’. neither House of Congress is in session because follows: for the District of Columbia Court of (2) NEGLECT AND PARENTAL RIGHTS TERMI- of an adjournment sine die, a recess of more Appeals, $8,003,000, of which not to exceed NATION PROCEEDINGS.—Section 16–2326.01(b), that 3 days, or an adjournment of more than 3 $1,500 is for official reception and representation District of Columbia Code, is amended— days) which begins on the date the Comptroller expenses; for the District of Columbia Superior (A) by striking ‘‘$1,100’’ each place it appears General submits such analysis to the President Court, $66,091,000, of which not to exceed $1,500 and inserting ‘‘$1,600’’; and Congress: Provided further, That the Mayor is for official reception and representation ex- (B) in paragraph (3), by striking ‘‘$1,500’’ and shall prepare and submit to the President, Con- penses; for the District of Columbia Court Sys- inserting ‘‘$2,200’’; and gress, and the Comptroller General a plan for tem, $31,594,000, of which not to exceed $1,500 is (C) in paragraph (4), by striking ‘‘$750’’ and the use of the funds provided to the Mayor for official reception and representation ex- inserting ‘‘$1,100’’. under this heading, consistent with the require- penses; and $6,492,000 for capital improvements (b) SERVICES OF INVESTIGATORS, EXPERTS, AND ments of the District of Columbia Family Court for District of Columbia courthouse facilities: OTHERS.—Section 11–2605, District of Columbia Act of 2001, including the requirement to inte- Provided, That notwithstanding any other pro- Code, is amended— grate the computer systems of the District gov- vision of law, all amounts under this heading (1) by redesignating subsections (b) and (c) as shall be apportioned quarterly by the Office of ernment with the computer systems of the Supe- subsections (c) and (d); and rior Court: Provided further, That the Comp- Management and Budget and obligated and ex- (2) by inserting after subsection (a) the fol- troller General shall prepare and submit to the pended in the same manner as funds appro- lowing new subsection: President and Congress an analysis of the con- priated for salaries and expenses of other Fed- ‘‘(b) Subject to the applicable limits described tents and effectiveness of the plan within 30 cal- eral agencies, with payroll and financial serv- in subsections (c) and (d), an individual pro- ices to be provided on a contractual basis with viding services under this section shall be com- endar days after the submission of the plan by the General Services Administration (GSA), said pensated at a fixed rate of $25 per hour, and the Mayor: Provided further, That the funds services to include the preparation of monthly shall be reimbursed for expenses reasonably in- provided under this heading to the Mayor shall financial reports, copies of which shall be sub- curred.’’. not be made available until the expiration of the mitted directly by GSA to the President and to (c) EFFECTIVE DATE.—The amendments made 30-day period (excluding Saturdays, Sundays, the Committees on Appropriations of the Senate by this provision shall apply with respect to legal public holidays, and any day on which and House of Representatives, the Committee on cases and proceedings initiated on or after neither House of Congress is in session because Governmental Affairs of the Senate, and the March 1, 2002. of an adjournment sine die, a recess of more Committee on Government Reform of the House Section 11–2604, District of Columbia Code, is than 3 days, or an adjournment of more than 3 of Representatives: Provided further, That amended: days) which begins on the date the Comptroller funds made available for capital improvements (1) in subsection (a), by striking ‘‘50’’ and in- General submits such plan to the President and may remain available until September 30, 2003. serting ‘‘75’’; and Congress.

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DEFENDER SERVICES IN DISTRICT OF COLUMBIA persons; $20,829,000 shall be transferred to the vided, That the $1,000,000 made available in COURTS Public Defender Service; and $32,359,000 shall be such Act for the Washington Interfaith Network For payments authorized under section 11– available to the Pretrial Services Agency: Pro- (114 Stat. 2444) shall remain available for the 2604 and section 11–2605, D.C. Official Code (re- vided, That notwithstanding any other provi- purposes intended until December 31, 2002: Pro- lating to representation provided under the Dis- sion of law, all amounts under this heading vided further, That $3,450,000 made available in trict of Columbia Criminal Justice Act), pay- shall be apportioned quarterly by the Office of such Act for Brownfield Remediation (114 Stat. ments for counsel appointed in proceedings in Management and Budget and obligated and ex- 2445), shall remain available until expended. the Family Division of the Superior Court of the pended in the same manner as funds appro- DISTRICT OF COLUMBIA FUNDS District of Columbia under chapter 23 of title 16, priated for salaries and expenses of other Fed- OPERATING EXPENSES D.C. Code, and payments for counsel authorized eral agencies: Provided further, That notwith- under section 21–2060, D.C. Code (relating to standing chapter 12 of title 40, United States DIVISION OF EXPENSES representation provided under the District of Code, the Director may acquire by purchase, The following amounts are appropriated for Columbia Guardianship, Protective Proceedings, lease, condemnation, or donation, and renovate the District of Columbia for the current fiscal and Durable Power of Attorney Act of 1986), as necessary, Building Number 17, 1900 Massa- year out of the general fund of the District of $34,311,000, to remain available until expended: chusetts Avenue, Southeast, Washington, Dis- Columbia, except as otherwise specifically pro- Provided, That the funds provided in this Act trict of Columbia, or such other site as the Di- vided: Provided, That notwithstanding any under the heading ‘‘Federal Payment to the rector of the Court Services and Offender Super- other provision of law, except as provided in District of Columbia Courts’’ (other than the vision Agency may determine as appropriate to section 450A of the District of Columbia Home $6,492,000 provided under such heading for cap- house or supervise offenders and defendants, Rule Act and section 119 of this Act (Public Law ital improvements for District of Columbia court- with funds made available by this Act: Provided 93–198; D.C. Official Code, sec. 1–204.50a), the house facilities) may also be used for payments further, That the Director is authorized to ac- total amount appropriated in this Act for oper- under this heading: Provided further, That in cept and use gifts in the form of in-kind con- ating expenses for the District of Columbia for addition to the funds provided under this head- tributions of space and hospitality to support fiscal year 2002 under this heading shall not ex- ing, the Joint Committee on Judicial Administra- offender and defendant programs, and equip- ceed the lesser of the sum of the total revenues tion in the District of Columbia shall use funds ment and vocational training services to educate of the District of Columbia for such fiscal year provided in this Act under the heading ‘‘Federal and train offenders and defendants: Provided or $6,048,160,000 (of which $124,163,000 shall be Payment to the District of Columbia Courts’’ further, That the Director shall keep accurate from intra-District funds and $3,574,493,000 shall (other than the $6,492,000 provided under such and detailed records of the acceptance and use be from local funds): Provided further, That this heading for capital improvements for District of of any gift or donation under the previous pro- amount may be increased by proceeds of one- Columbia courthouse facilities), to make pay- viso, and shall make such records available for time transactions, which are expended for emer- ments described under this heading for obliga- audit and public inspection. gency or unanticipated operating or capital needs: Provided further, That such increases tions incurred during any fiscal year: Provided FEDERAL PAYMENT TO THE CHILDREN’S shall be approved by enactment of local District further, That of the amounts provided in pre- NATIONAL MEDICAL CENTER vious fiscal years for payments described under law and shall comply with all reserve require- For a Federal payment to the Children’s Na- this heading which remain unobligated as of the ments contained in the District of Columbia tional Medical Center in the District of Colum- date of the enactment of this Act, $4,685,500 Home Rule Act as amended by this Act: Pro- bia, $5,500,000, of which $5,000,000 shall be for shall be used by the Joint Committee on Judicial vided further, That the Chief Financial Officer capital and equipment improvements, and Administration for design and construction ex- of the District of Columbia shall take such steps $500,000 shall be used for the network of satellite penses of the courthouse at 451 Indiana Avenue as are necessary to assure that the District of pediatric health clinics for children and families NW: Provided further, That of the remainder of Columbia meets these requirements, including in underserved neighborhoods and communities such amounts, such sums as may be necessary the apportioning by the Chief Financial Officer in the District of Columbia. shall be applied toward the portion of the of the appropriations and funds made available amount provided under this heading which is ST. COLETTA OF GREATER WASHINGTON to the District during fiscal year 2002, except attributable to increases in the maximum EXPANSION PROJECT that the Chief Financial Officer may not repro- amounts which may be paid for representation For a Federal contribution to St. Coletta of gram for operating expenses any funds derived services in the District of Columbia courts: Pro- Greater Washington, Inc. for costs associated from bonds, notes, or other obligations issued vided further, That funds provided under this with the establishment of a day program and for capital projects. heading shall be administered by the Joint Com- comprehensive case management services for GOVERNMENTAL DIRECTION AND SUPPORT mittee on Judicial Administration in the District mentally retarded and multiple-handicapped Governmental direction and support, of Columbia: Provided further, That notwith- adolescents and adults in the District of Colum- $286,138,000 (including $229,421,000 from local standing any other provision of law, this appro- bia, including property acquisition and con- funds, $38,809,000 from Federal funds, and priation shall be apportioned quarterly by the struction, $2,000,000. $17,908,000 from other funds): Provided, That Office of Management and Budget and obli- FEDERAL PAYMENT TO FAITH AND POLITICS not to exceed $2,500 for the Mayor, $2,500 for the gated and expended in the same manner as INSTITUTE Chairman of the Council of the District of Co- funds appropriated for expenses of other Fed- For a Federal payment to the Faith and Poli- lumbia, and $2,500 for the City Administrator eral agencies, with payroll and financial serv- tics Institute, $50,000, for grass roots-based ra- shall be available from this appropriation for of- ices to be provided on a contractual basis with cial sensitivity programs in the District of Co- ficial purposes: Provided further, That any pro- the General Services Administration (GSA), said lumbia. gram fees collected from the issuance of debt services to include the preparation of monthly shall be available for the payment of expenses of financial reports, copies of which shall be sub- FEDERAL PAYMENT TO THE THURGOOD MARSHALL ACADEMY CHARTER SCHOOL the debt management program of the District of mitted directly by GSA to the President and to Columbia: Provided further, That no revenues the Committees on Appropriations of the Senate For a Federal payment to the Thurgood Mar- from Federal sources shall be used to support and House of Representatives, the Committee on shall Academy Charter School, $1,000,000 to be the operations or activities of the Statehood Governmental Affairs of the Senate, and the used to acquire and renovate an educational fa- Commission and Statehood Compact Commis- Committee on Government Reform of the House cility in Anacostia. sion: Provided further, That the District of Co- of Representatives. FEDERAL PAYMENT TO THE GEORGE WASHINGTON lumbia shall identify the sources of funding for FEDERAL PAYMENT TO THE COURT SERVICES AND UNIVERSITY CENTER FOR EXCELLENCE IN MU- Admission to Statehood from its own locally- OFFENDER SUPERVISION AGENCY FOR THE DIS- NICIPAL MANAGEMENT generated revenues: Provided further, That not- TRICT OF COLUMBIA For a Federal payment to the George Wash- withstanding any other provision of law, or (INCLUDING TRANSFER OF FUNDS) ington University Center for Excellence in Mu- Mayor’s Order 86–45, issued March 18, 1986, the For salaries and expenses, including the nicipal Management, $250,000 to increase the en- Office of the Chief Technology Officer’s dele- transfer and hire of motor vehicles, of the Court rollment of managers from the District of Colum- gated small purchase authority shall be Services and Offender Supervision Agency for bia government. $500,000: Provided further, That the District of the District of Columbia, as authorized by the COURT APPOINTED SPECIAL ADVOCATES Columbia government may not require the Office National Capital Revitalization and Self-Gov- of the Chief Technology Officer to submit to any For a Federal payment to the District of Co- ernment Improvement Act of 1997 (Public Law other procurement review process, or to obtain lumbia Court Appointed Special Advocates Unit, 105–33; 111 Stat. 712), $147,300,000, of which the approval of or be restricted in any manner $250,000 to be used to expand its work in the $13,015,000 shall remain available until ex- by any official or employee of the District of Co- Family Court of the District of Columbia Supe- pended for construction expenses at new or ex- lumbia government, for purchases that do not rior Court. isting facilities, and of which not to exceed exceed $500,000: Provided further, That not less $2,000 is for official receptions related to of- ADMINISTRATIVE PROVISION than $353,000 shall be available to the Office of fender and defendant support programs; of Of the Federal funds made available in the the Corporation Counsel to support increases in which $94,112,000 shall be for necessary expenses District of Columbia Appropriations Act, 2001, the Attorney Retention Allowance: Provided of Community Supervision and Sex Offender Public Law 106–522 for the Metropolitan Police further, That not less than $50,000 shall be Registration, to include expenses relating to su- Department (114 Stat. 2441), $100,000 for the po- available to support a mediation services pro- pervision of adults subject to protection orders lice mini-station shall remain available for the gram within the Office of the Corporation Coun- or provision of services for or related to such purposes intended until September 30, 2002: Pro- sel: Provided further, That not less than $50,000

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A05DE7.041 pfrm01 PsN: H05PT1 H8918 CONGRESSIONAL RECORD — HOUSE December 5, 2001 shall be available to support a TANF Unit with- due and payable for these services by the Mayor Columbia for services rendered shall be paid to in the Child Support Enforcement Division of and the Commanding General of the District of the Excel Institute within 15 days of enactment the Office of the Corporation Counsel: Provided Columbia National Guard: Provided further, of this Act; and $1,000,000 for fiscal year 2002 further, That of all funds in the District of Co- That such sums as may be necessary for reim- shall be paid to the Excel Institute in equal lumbia Antitrust Fund established pursuant to bursement to the District of Columbia National quarterly installments within 15 days of the be- section 2 of the District of Columbia Antitrust Guard under the preceding proviso shall be ginning of each quarter: Provided further, That Act of 1980 (D.C. Law 3–169; D.C. Official Code available from this appropriation, and the avail- not less than $200,000 for Adult Education: Pro- § 28–4516) an amount not to exceed $386,000, of ability of the sums shall be deemed as consti- vided further, That $27,256,000 (including all funds in the Antifraud Fund established tuting payment in advance for emergency serv- $26,030,000 from local funds, $560,000 from Fed- pursuant to section 820 of the District of Colum- ices involved: Provided further, That no less eral funds and $666,000 other funds) for the bia Procurement Practices Act of 1985, effective than $173,000,000 shall be available to the Met- Public Library: Provided further, That the February 21, 1986 (D.C. Law 6–85; D.C. Official ropolitan Police Department for salary in sup- $1,007,000 enhancement shall be allocated such Code 2–308.20) an amount not to exceed $10,000, port of 3,800 sworn officers: Provided further, that $500,000 is used for facilities improvements and of all funds in the District of Columbia That no less than $100,000 shall be available in for 8 of the 26 library branches, $235,000 for 13 Consumer Protection Fund established pursuant the Department of Corrections budget to support FTEs for the continuation of the Homework to section 1402 of the District of Columbia Budg- the Corrections Information Council: Provided Helpers Program, $143,000 for 2 FTEs in the ex- et Support Act for fiscal year 2001 (D.C. Law 13– further, That not less than $296,000 shall be pansion of the Reach Out And Read (ROAR) 172; D.C. Official Code § 28–3911) an amount not available to support the Child Fatality Review service to licensed day care homes, and $129,000 to exceed $233,000, are hereby made available for Committee. for 3 FTEs to expand literacy support into the use of the Office of the Corporation Counsel branch libraries: Provided further, That PUBLIC EDUCATION SYSTEM of the District of Columbia until September 30, $2,198,000 (including $1,760,000 from local funds, 2003, in accordance with the statutes that estab- Public education system, including the devel- $398,000 from Federal funds and $40,000 from lished these funds. opment of national defense education programs, other funds) shall be available for the Commis- $1,108,665,000 (including $896,994,000 from local ECONOMIC DEVELOPMENT AND REGULATION sion on the Arts and Humanities: Provided fur- funds, $185,044,000 from Federal funds, and ther, That the public schools of the District of Economic development and regulation, $26,627,000 from other funds), to be allocated as $230,878,000 (including $60,786,000 from local Columbia are authorized to accept not to exceed follows: $813,042,000 (including $661,124,000 from 31 motor vehicles for exclusive use in the driver funds, $96,199,000 from Federal funds, and local funds, $144,630,000 from Federal funds, $73,893,000 from other funds), of which education program: Provided further, That not and $7,288,000 from other funds), for the public to exceed $2,500 for the Superintendent of $15,000,000 collected by the District of Columbia schools of the District of Columbia; $47,370,000 in the form of BID tax revenue shall be paid to Schools, $2,500 for the President of the Univer- (including $19,911,000 from local funds, the respective BIDs pursuant to the Business sity of the District of Columbia, and $2,000 for $26,917,000 from Federal funds, $542,000 from Improvement Districts Act of 1996 (D.C. Law 11– the Public Librarian shall be available from this other funds), for the State Education Office, 134; D.C. Official Code, sec. 2–1215.01 et seq.), appropriation for official purposes: Provided $17,000,000 from local funds, previously appro- and the Business Improvement Districts Amend- further, That none of the funds contained in priated in this Act as a Federal payment, and ment Act of 1997 (D.C. Law 12–26; D.C. Official this Act may be made available to pay the sala- such sums as may be derived from interest Code, sec. 2–1215.15 et seq.): Provided, That such ries of any District of Columbia Public School earned on funds contained in the dedicated ac- funds are available for acquiring services pro- teacher, principal, administrator, official, or em- count established by the Chief Financial Officer vided by the General Services Administration: ployee who knowingly provides false enrollment of the District of Columbia, for resident tuition Provided further, That Business Improvement or attendance information under article II, sec- support at public and private institutions of Districts shall be exempt from taxes levied by the tion 5 of the Act entitled ‘‘An Act to provide for higher learning for eligible District of Columbia compulsory school attendance, for the taking of District of Columbia: Provided further, That the residents; and $142,257,000 from local funds for a school census in the District of Columbia, and Department of Consumer and Regulatory Af- public charter schools: Provided, That there for other purposes’’, approved February 4, 1925 fairs shall use $50,000 of the receipts from the shall be quarterly disbursement of funds to the (D.C. Official Code, sec. 38–201 et seq.): Pro- net proceeds from the contractor that handles District of Columbia public charter schools, with vided further, That this appropriation shall not the District’s occupational and professional li- the first payment to occur within 15 days of the be available to subsidize the education of any censing to fund additional staff and equipment beginning of each fiscal year: Provided further, nonresident of the District of Columbia at any for the Rental Housing Administration: Pro- That if the entirety of this allocation has not District of Columbia public elementary and sec- vided further, That the Department of Con- been provided as payments to any public charter ondary school during fiscal year 2002 unless the sumer and Regulatory Affairs shall transfer up school currently in operation through the per nonresident pays tuition to the District of Co- to $293,000 from other funds resulting from the pupil funding formula, the funds shall be avail- lumbia at a rate that covers 100 percent of the lapse of personnel vacancies, caused by trans- able for public education in accordance with the costs incurred by the District of Columbia which ferring DCRA employees into NSO positions School Reform Act of 1995 (Public Law 104–134; are attributable to the education of the non- without filling the resultant vacancies, into the D.C. Official Code, sec. 38–1804.03(b)(e)(A)): resident (as established by the Superintendent revolving 5–513 fund to be used to implement the Provided further, That $480,000 of this amount of the District of Columbia Public Schools): Pro- provisions in D.C. Law 13–281, the Abatement shall be available to the District of Columbia vided further, That this appropriation shall not and Condemnation of Nuisance Properties Om- Public Charter School Board for administrative be available to subsidize the education of non- nibus Amendment Act of 2000, pertaining to the costs: Provided further, That section 161 of the residents of the District of Columbia at the Uni- prevention of the demolition by neglect of his- District of Columbia Appropriations Act, 2001 versity of the District of Columbia, unless the toric properties: Provided further, That the fees (Public Law 106–522; 114 Stat. 2483, 2484), is Board of Trustees of the University of the Dis- established and collected pursuant to Law 13– amended, as if included in the Act— trict of Columbia adopts, for the fiscal year end- 281 shall be identified, and an accounting pro- (1) by striking ‘‘not later than 1 year after the ing September 30, 2002, a tuition rate schedule vided, to the District of Columbia Council’s date of the enactment of the District of Colum- that will establish the tuition rate for non- Committee on Consumer and Regulatory Affairs: bia Appropriations Act, 2001,’’; resident students at a level no lower than the Provided further, That 18 percent of the annual (2) by inserting ‘‘revolving’’ after ‘‘enhance- nonresident tuition rate charged at comparable total amount in the 5–513 fund, up to $500,000, ment’’ in the second sentence of paragraph public institutions of higher education in the deposited into the 5–513 fund on an annual (2)(B), in the heading of paragraph (3), and in metropolitan area: Provided further, That not- basis, be used to implement section 102 and other paragraph (3)(A); and withstanding any other provision of law, rule, related sections of D.C. Law 13–281. (3) by striking ‘‘10 percent’’ and inserting ‘‘5 or regulation, the evaluation process and instru- PUBLIC SAFETY AND JUSTICE percent’’: ments for evaluating District of Columbia Public Public safety and justice, $633,853,000 (includ- Provided further, That the cap on administra- School employees shall be a non-negotiable item ing $594,803,000 from local funds, $8,298,000 from tive costs as amended by section 161 of the Dis- for collective bargaining purposes: Provided fur- Federal funds, and $30,752,000 from other trict of Columbia Appropriations Act, 2001 (Pub- ther, That the District of Columbia Public funds): Provided, That not to exceed $500,000 lic Law 106–522; 114 Stat. 2484), is amended by Schools shall spend $1,200,000 to implement D.C. shall be available from this appropriation for striking ‘‘10 percent’’ and inserting ‘‘5 percent’’: Teaching Fellows Program in the District’s pub- the Chief of Police for the prevention and detec- Provided further, That $76,542,000 (including lic schools: Provided further, That notwith- tion of crime: Provided further, That notwith- $45,912,000 from local funds, $12,539,000 from standing the amounts otherwise provided under standing any other law, section 3703 of title Federal funds, and $18,091,000 from other funds) this heading or any other provision of law, XXXVII of the Fiscal Year 2002 Budget Support shall be available for the University of the Dis- there shall be appropriated to the District of Co- Act of 2001 (D.C. Bill 14–144), adopted by the trict of Columbia: Provided further, That lumbia public charter schools on July 1, 2002, an Council of the District of Columbia, is enacted $400,000 shall be available for Enhancing and amount equal to 25 percent of the total amount into law: Provided further, That the Mayor Actualizing Internationalism and provided for payments to public charter schools shall reimburse the District of Columbia Na- Multiculturalism in the Academic Programs of in the proposed budget of the District of Colum- tional Guard for expenses incurred in connec- the University of the District of Columbia: Pro- bia for fiscal year 2003 (as submitted to Con- tion with services that are performed in emer- vided further, That $1,277,500 shall be paid by gress), and the amount of such payment shall be gencies by the National Guard in a militia sta- the Chief Financial Officer to the Excel Insti- chargeable against the final amount provided tus and are requested by the Mayor, in amounts tute for operations as follows: $277,500 to cover for such payments under the District of Colum- that shall be jointly determined and certified as debt owed by the University of the District of bia Appropriations Act, 2003: Provided further,

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A05DE7.044 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8919 That notwithstanding the amounts otherwise General Counsel to the Department of Public prior notification by the Mayor to the Commit- provided under this heading or any other provi- Works: Provided further, That no less than tees on Appropriations of both the Senate and sion of law, there shall be appropriated to the $3,600,000 be available for ticket processing: Pro- House of Representatives in writing 30 days in District of Columbia Public Schools on July 1, vided further, That no less than 14 residential advance of any such expenditure: Provided fur- 2002, an amount equal to 10 percent of the total parking control aides or 10 percent of the resi- ther, That the $18,000,000 provided pursuant to amount provided for the District of Columbia dential parking control force be available for local law shall be expended only when the Public Schools in the proposed budget of the night time enforcement of out-of-state tags: Pro- Emergency Reserve established pursuant to sec- District of Columbia for fiscal year 2003 (as sub- vided further, That of the total of 3,000 addition 450A(a) of the District of Columbia Home mitted to Congress), and the amount of such tional parking meters being installed in commer- Rule Act (Public Law 93–198; D.C. Official Code, payment shall be chargeable against the final cial districts and in commercial loading zones sec. 1–204.50a(a)), has a minimum balance in the amount provided for the District of Columbia none be installed at loading zones, or entrances amount of $150,000,000. Public Schools under the District of Columbia at apartment buildings and none be installed in EMERGENCY AND CONTINGENCY RESERVE FUNDS Appropriations Act, 2003: Provided further, residential neighborhoods: Provided further, That the first paragraph under the heading That no less than $262,000 be available for taxi- For the Emergency and Contingency Reserve ‘‘Public Education System’’ in Public Law 107– cab enforcement activities: Provided further, Funds established under section 450A of the Dis- 20, approved July 24, 2001, is amended to read as That no less than $241,000 be available for a trict of Columbia Home Rule Act (Public Law follows: ‘‘For an additional amount for ‘Public taxicab driver security revolving fund: Provided 93–198; D.C. Official Code, sec. 1–204.50a(b)), the Education System’, $1,000,000 from local funds further, That no less than $30,084,000 in local Mayor may deposit the proceeds required pursu- to remain available until September 30, 2002, for appropriations be available to the Division of ant to section 159(a) of Public Law 106–522 and the State Education Office for a census-type Transportation, within the Department of Pub- section 404(c) of Public Law 106–554 in the Con- audit of the student enrollment of each District lic Works: Provided further, That no less than tingency Reserve Fund beginning in fiscal year of Columbia Public School and of each public $12,000,000 in rights-of-way fees shall be avail- 2002 if the minimum emergency reserve balance charter school and $12,000,000 from local funds able for the Local Roads, Construction and requirement established in section 450A(c) has for the District of Columbia Public Schools to Maintenance Fund: Provided further, That been met. conduct the 2001 summer school session.’’. funding for a proposed separate Department of REPAYMENT OF LOANS AND INTEREST HUMAN SUPPORT SERVICES Transportation is contingent upon Council ap- (INCLUDING TRANSFER OF FUNDS) proval of a reorganization plan: Provided fur- For payment of principal, interest, and cer- Human support services, $1,803,923,000 (in- ther, That no less than $313,000 be available for tain fees directly resulting from borrowing by cluding $711,072,000 from local funds, handicapped parking enforcement: Provided the District of Columbia to fund District of Co- $1,075,960,000 from Federal funds, and further, That no less than $190,000 be available lumbia capital projects as authorized by sections $16,891,000 from other funds): Provided, That for the Ignition Interlock Device Program: Pro- 462, 475, and 490 of the District of Columbia $27,986,000 of this appropriation, to remain vided further, That no less than $473,000 be Home Rule Act (Public Law 93–198; D.C. Official available until expended, shall be available sole- available for the Motor Vehicle Insurance En- Code, secs. 1–204.62, 1–204.75, 1–204.90), ly for District of Columbia employees’ disability forcement Program: Provided further, That $247,902,000 from local funds: Provided, That compensation: Provided further, That $11,000,000 of this appropriation shall be avail- any funds set aside pursuant to section 148 of $90,000,000 transferred pursuant to the District able for transfer to the Highway Trust Fund’s the District of Columbia Appropriations Act, of Columbia Appropriations Act, 2001 (Public Local Roads, Construction and Maintenance 2000 (Public Law 106–113; 113 Stat. 1523) that Law 106–522) to the Public Benefit Corporation Fund, upon certification by the Chief Financial are not used in the reserve funds established for restructuring shall be made available to the Officer that funds are available from the 2001 herein shall be used for Pay-As-You-Go Capital Department of Health’s Health Care Safety Net budgeted reserve or where the Chief Financial Funds: Provided further, That for equipment Administration for the purpose of restructuring Officer certifies that additional local revenues leases, the Mayor may finance $14,300,000 of the delivery of health services in the District of are available: Provided further, That $1,550,000 equipment cost, plus cost of issuance not to ex- Columbia and shall remain available until ex- made available under the District of Columbia ceed 2 percent of the par amount being financed pended for obligation during fiscal year 2002: Appropriations Act, 2001 (Public Law 106–522) on a lease purchase basis with a maturity not to Provided further, That no less than $7,500,000 of for taxicab driver security enhancements in the exceed 5 years: Provided further, That $4,440,000 this appropriation, to remain available until ex- District of Columbia shall remain available until shall be for the Fire and Emergency Medical pended, shall be deposited in the Addiction Re- September 30, 2002. Services Department, $2,010,000 shall be for the Department of Parks and Recreation, and covery Fund established pursuant to section 5 of RECEIVERSHIP PROGRAMS the Choice in Drug Treatment Act of 2000, effec- $7,850,000 shall be for the Department of Public For all agencies of the District of Columbia Works: Provided further, That no less than tive July 8, 2000 (D.C. Law 13–146; D.C. Official government under court ordered receivership, Code, sec. 7–3004), and used solely for the pur- $533,000 be available for trash transfer capital $403,868,000 (including $250,515,000 from local debt service. pose of the Drug Treatment Choice Program es- funds, $134,339,000 from Federal funds, and tablished pursuant to section 4 of the Choice in $19,014,000 from other funds). EMERGENCY ASSISTANCE LOAN GUARANTEES Drug Treatment Act of 2000 (D.C. Official Code, WORKFORCE INVESTMENTS Notwithstanding any other provision of law, sec. 7–3003): Provided further, That no less than the District of Columbia is hereby authorized to $500,000 of the $7,500,000 appropriated for the For workforce investments, $42,896,000 from make any necessary payments related to the Addiction Recovery Fund shall be used solely to local funds, to be transferred by the Mayor of ‘‘District of Columbia Emergency Assistance Act pay treatment providers who provide substance the District of Columbia within the various ap- of 2001’’: Provided, That the District of Colum- abuse treatment to TANF recipients under the propriation headings in this Act for which em- bia shall use local funds for any payments Drug Treatment Choice Program: Provided fur- ployees are properly payable. under this heading: Provided further, That the ther, That no less than $2,000,000 of this appro- RESERVE Chief Financial Officer shall certify the avail- priation shall be used solely to establish, by con- For replacement of funds expended, if any, ability of such funds, and shall certify that tract, a 2-year pilot substance abuse program for during fiscal year 2001 from the Reserve estab- such funds are not required to address budget youth ages 16 through 21 years of age: Provided lished by section 202(j) of the District of Colum- shortfalls in the District of Columbia: Provided further, That no less than $60,000 be available bia Financial Responsibility and Management further, That the Director the Office of Manage- for a D.C. Energy Office Matching Grant: Pro- Assistance Act of 1995, Public Law 104–8, ment and Budget shall develop with the Chief vided further, That no less than $2,150,000 be $120,000,000 from local funds. Financial Officer of the District of Columbia an available for a pilot Interim Disability Assist- RESERVE RELIEF estimate of the liability incurred by the District ance program pursuant to title L of the Fiscal For reserve relief, $30,000,000, for the purpose of Columbia in implementing such Act: Provided Year 2002 Budget Support Act (D.C. Bill 14–144). of spending funds made available through the further, That the District of Columbia shall im- PUBLIC WORKS reduction from $150,000,000 to $120,000,000 in the plement such Act consistent with the rec- Public works, including rental of one pas- amount required for the budget reserve estab- ommendations made by the Office of Manage- senger-carrying vehicle for use by the Mayor lished by section 202(j)(1) of the District of Co- ment and Budget and the Federal Credit Reform and three passenger-carrying vehicles for use by lumbia Financial Responsibility and Manage- Act: Provided further, That the District of Co- the Council of the District of Columbia and leas- ment Assistance Act of 1995, Public Law 104–8: lumbia budget for fiscal year 2003 and future ing of passenger-carrying vehicles, $300,151,000 Provided, That $12,000,000 shall be available to years shall include an amount for potential loan (including $286,334,000 from local funds, the District of Columbia Public Schools and Dis- repayment consistent with the liability require- $4,392,000 from Federal funds, and $9,425,000 trict of Columbia Public Charter Schools for ments recommended by the Office of Manage- from other funds): Provided, That this appro- educational enhancements: Provided further, ment and Budget. priation shall not be available for collecting That $18,000,000 shall be available pursuant to a ashes or miscellaneous refuse from hotels and local District law: Provided further, That of the REPAYMENT OF GENERAL FUND RECOVERY DEBT places of business: Provided further, That no $30,000,000, funds shall only be expended upon: For the purpose of eliminating the $331,589,000 less than $650,000 be available for a mechanical (i) certification by the Chief Financial Officer of general fund accumulated deficit as of Sep- alley sweeping program: Provided further, That the District of Columbia that the funds are tember 30, 1990, $39,300,000 from local funds, as no less than $6,400,000 be available for residen- available and not required to address potential authorized by section 461(a) of the District of tial parking enforcement: Provided further, deficits, (ii) enactment of local District law de- Columbia Home Rule Act, (105 Stat. 540; D.C. That no less than $100,000 be available for a tailing the purpose for the expenditure, and (iii) Official Code, sec. 1–204.61(a)).

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\CR\FM\A05DE7.046 pfrm01 PsN: H05PT1 H8920 CONGRESSIONAL RECORD — HOUSE December 5, 2001

PAYMENT OF INTEREST ON SHORT-TERM (2) WATER SERVICES.—Section 106(b)(2) of such receiving sanitary sewer services from the Dis- BORROWING Act (sec. 34–2401.25(b)(2), D.C. Official Code) is trict of Columbia shall be responsible for allo- For payment of interest on short-term bor- amended by inserting after ‘‘the Office of Man- cating billings for such services among entities rowing, $500,000 from local funds. agement and Budget,’’ the following: ‘‘the Sec- under the jurisdiction of the department, estab- retary of the Treasury, and the head of each of lishment, or agency, and shall be responsible for EMERGENCY PLANNING AND SECURITY COSTS the respective Federal departments, independent collecting amounts from such entities for any For an emergency operations plan, implemen- establishments, and agencies,’’. payments made to the District of Columbia tation of the emergency operations plan, and re- (3) CLARIFICATION OF TREATMENT OF ARLING- under this section.’’. imbursement of fiscal year 2001 expenses in- TON NATIONAL CEMETERY.—Chapter 11 of title II (2) WATER SERVICES.—Section 106 of the Dis- curred by the District of Columbia for equipment of the Supplemental Appropriations Act, 2001 trict of Columbia Public Works Act of 1954 (sec. purchased for providing security for the (Public Law 107–20; 115 Stat. 188) is amended in 34–2401.25, D.C. Official Code) is amended by planned World Bank and International Mone- the item relating to ‘‘INDEPENDENT AGEN- adding at the end the following new sub- tary Fund September 2001 meetings, $16,058,000, CIES—DEPARTMENT OF DEFENSE—CIVIL— sections: from funds previously appropriated in this Act CEMETERIAL EXPENSES, ARMY—SALARIES AND ‘‘(c) Nothing in this section may be construed as a Federal payment, of which $12,652,000 shall EXPENSES’’ by striking the colon at the end of to require the District of Columbia to seek pay- be made available immediately to the District of the second proviso and inserting the following: ment for water services directly from any Fed- Columbia Emergency Management Agency for ‘‘, except that nothing in this proviso may be eral entity which is under the jurisdiction of a planning, training and personnel costs required construed to affect the determination of the department, independent establishment, or for development and implementation of the amounts required to be paid for such services agency which is required to make a payment for emergency operations plan for the District of under sections 212(b) and 106(b) of the District such services under this section, or to allocate Columbia. of Columbia Public Works Act of 1954 (sec. 34– any amounts charged for such services among WILSON BUILDING 2401.25(b) and sec. 34–2112(b), D.C. Official the entities which are under the jurisdiction of For expenses associated with the John A. Wil- Code) or to waive the requirement under such any such department, independent establish- son Building, $8,859,000 from local funds. sections for the Secretary of Defense to pay such ment, or agency. Each Federal department, amounts to the District of Columbia:’’. independent establishment, and agency receiv- EMERGENCY RESERVE FUND TRANSFER (b) REQUIRING FEDERAL DEPARTMENTS TO ing water from the District of Columbia shall be Subject to the issuance of bonds to pay the GRANT ACCESS TO AUTHORITY FOR READING AND responsible for allocating billings for such serv- purchase price of the District of Columbia’s TESTING WATER METERS.— ices among entities under the jurisdiction of the right, title, and interest in and to the Master (1) IN GENERAL.—Section 106(a) of the District department, establishment, or agency, and shall Settlement Agreement, and consistent with the of Columbia Public Works Act of 1954 (sec. 34– be responsible for collecting amounts from such Tobacco Settlement Trust Fund Establishment 2401.25(a), D.C. Official Code) is amended by in- entities for any payments made to the District of Act of 1999 (D.C. Official Code, sec. 7– serting before the last sentence the following: Columbia under this section. 1811.01(a)(2) et seq.) and the Tobacco Settlement ‘‘As an additional condition of service, the de- ‘‘(d) In the case of water services provided to Financing Act of 2000 (D.C. Official Code, sec. partment, agency, or establishment which is re- a department, independent establishment, or 7–1831.03 et seq.), there is transferred the sponsible for the maintenance of any such meter agency in Virginia through the Federally owned amount available pursuant thereto and Section shall provide the Mayor (acting through the water main system, if the total of the metered 404(c) of Public Law 106–554, not less than District of Columbia Water and Sewer Author- amounts billed for all individual users of the $33,254,000, to the Emergency and Contingency ity) with such access to the meter as the Mayor system (as measured by the meters for each indi- Reserve Funds established pursuant to section may require to measure the actual usage of the vidual user) is less than the total amount as 450A of the District of Columbia Home Rule Act department, agency, or establishment (including measured by the meters at the delivery points (Public Law 93–198; D.C. Official Code, sec. 1– any entity under the jurisdiction of the depart- into the system at the Francis Scott Key Bridge, 204.50a(a)). ment, agency, or establishment) for purposes of the District government shall collect, and the NON-DEPARTMENTAL AGENCY making the adjustments to annual estimates re- Secretary of Defense shall pay, the difference to To account for anticipated costs that cannot quired under subsection (b)(2)(A).’’. the District government in accordance with the be allocated to specific agencies during the de- (2) PERMITTING AUTHORITY TO INSTALL ME- requirements for collecting and making pay- velopment of the proposed budget including an- TERS.—If a department, independent establishments under this section.’’. ticipated employee health insurance cost in- ment, or agency of the United States which uses (d) EFFECTIVE DATE.—This section and the creases and contract security costs, $5,799,000 water and water services from the District of Co- amendments made by this section shall apply from local funds. lumbia water supply system has not installed a with respect to fiscal year 2002 and each suc- suitable meter at each point of Federal connec- ceeding fiscal year. ENTERPRISE AND OTHER FUNDS tion to the system to control and record the use WASHINGTON AQUEDUCT WATER AND SEWER AUTHORITY of water through each such connection (as re- For operation of the Washington Aqueduct, quired under section 106(a) of the District of Co- For operation of the Water and Sewer Author- $46,510,000 from other funds. ity, $244,978,000 from other funds of which lumbia Public Works Act of 1954) as of the expi- $44,244,000 shall be apportioned for repayment ration of the 60-day period which begins on the STORMWATER PERMIT COMPLIANCE ENTERPRISE of loans and interest incurred for capital im- date of the enactment of this Act— FUND provement projects ($17,953,000 payable to the (A) the District of Columbia Water and Sewer For operation of the Stormwater Permit Com- District’s debt service fund and $26,291,000 pay- Authority shall install such a meter or meters pliance Enterprise Fund, $3,100,000 from other able for other debt service). (and incidental vaults, valves, piping and refunds. For construction projects, $152,114,000, in the cording devices, and such other equipment as LOTTERY AND CHARITABLE GAMES ENTERPRISE following capital programs: $52,600,000 for the the Authority deems necessary) not later than FUND Blue Plains Wastewater Treatment Plant, 60 days after the expiration of such period; and For the Lottery and Charitable Games Enter- $11,148,000 for the sewer program, $109,000 for (B) the department, independent establish- prise Fund, established by the District of Colum- the combined sewer program, $118,000 for the ment, or agency shall pay the Authority bia Appropriation Act, 1982 (95 Stat. 1174, 1175; stormwater program, $77,957,000 for the water promptly (but in no case later than 30 days after Public Law 97–91), for the purpose of imple- program, $10,182,000 for the capital equipment the Authority submits a bill) for the costs in- menting the Law to Legalize Lotteries, Daily program: Provided, That the requirements and curred in installing the meter and equipment. Numbers Games, and Bingo and Raffles for (c) CLARIFICATION OF RESPONSIBILITY OF FED- restrictions that are applicable to general fund Charitable Purposes in the District of Columbia ERAL DEPARTMENTS TO ALLOCATE BILLINGS AND capital improvements projects and set forth in (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 COLLECT AMOUNTS FROM INDIVIDUAL OF- this Act under the Capital Outlay appropriation et seq. and sec. 22–1716 et seq.), $229,688,000: FICES.— account shall apply to projects approved under Provided, That the District of Columbia shall (1) SANITARY SEWER SERVICES.—Section 212 of this appropriation account. identify the source of funding for this appro- the District of Columbia Public Works Act of priation title from the District’s own locally gen- ADMINISTRATIVE PROVISION 1954 (sec. 34–2112, D.C. Official Code) is amend- erated revenues: Provided further, That no reve- BILLINGS FOR WATER AND SEWER AUTHORITY ed by adding at the end the following new sub- nues from Federal sources shall be used to sup- SERVICES PROVIDED TO THE FEDERAL GOVERN- section: MENT ‘‘(c) Nothing in this section may be construed port the operations or activities of the Lottery and Charitable Games Control Board. (a) PROVIDING ESTIMATES TO SECRETARY OF to require the District of Columbia to seek pay- THE TREASURY AND DEPARTMENT HEADS.— ment for sanitary sewer services directly from SPORTS AND ENTERTAINMENT COMMISSION (1) SANITARY SEWER SERVICES.—Section any Federal entity which is under the jurisdic- For the Sports and Entertainment Commis- 212(b)(2) of the District of Columbia Public tion of a department, independent establish- sion, $9,627,000 (including $2,177,000 to be de- Works Act of 1954 (sec. 34–2112(b)(2), D.C. Offi- ment, or agency which is required to make a rived by transfer from the general fund of the cial Code) is amended by inserting after ‘‘the payment for such services under this section, or District of Columbia and $7,450,000 from other Office of Management and Budget,’’ the fol- to allocate any amounts charged for such serv- funds): Provided, That the transfer of $2,177,000 lowing: ‘‘the Secretary of the Treasury, and the ices among the entities which are under the ju- from the general fund shall not be made unless head of each of the respective Federal depart- risdiction of any such department, independent the District of Columbia general fund has re- ments, independent establishments, and agen- establishment, or agency. Each Federal depart- ceived $2,177,000 from the D.C. Sports and En- cies,’’. ment, independent establishment, and agency tertainment Commission prior to September 30,

VerDate 05-DEC-2001 03:44 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\CR\FM\A05DE7.048 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8921 2001: Provided further, That the Mayor shall plan for the development of census tract 68.04 the Congress the actual borrowings and spend- submit a budget for the Armory Board for the south of East Capitol Street, S.E., and the housing progress compared with projections. forthcoming fiscal year as required by section ing of any misdemeanants, felons, ex-offenders, SEC. 109. (a) None of the funds provided under 442(b) of the District of Columbia Home Rule Act or persons awaiting trial within the District of this Act to the agencies funded by this Act, both (87 Stat. 824; Public Law 93–198; D.C. Official Columbia, whichever occurs earlier: Provided Federal and District government agencies, that Code, sec. 1–204.42(b)). further, That none of the conditions set forth in remain available for obligation or expenditure in DISTRICT OF COLUMBIA RETIREMENT BOARD this paragraph shall interfere with the current fiscal year 2002, or provided from any accounts operations of any Federal agency: Provided fur- in the Treasury of the United States derived by For the District of Columbia Retirement the collection of fees available to the agencies Board, established by section 121 of the District ther, That none of the conditions set forth shall restrict the ongoing operations of the Depart- funded by this Act, shall be available for obliga- of Columbia Retirement Reform Act of 1979 (93 tion or expenditure for an agency through a re- Stat. 866; D.C. Official Code, sec. 1–711), ment of Corrections. GENERAL PROVISIONS programming of funds which: (1) creates new $13,388,000 from the earnings of the applicable programs; (2) eliminates a program, project, or retirement funds to pay legal, management, in- SEC. 101. Whenever in this Act, an amount is responsibility center; (3) establishes or changes vestment, and other fees and administrative ex- specified within an appropriation for particular allocations specifically denied, limited or in- penses of the District of Columbia Retirement purposes or objects of expenditure, such creased by Congress in this Act; (4) increases Board: Provided, That the District of Columbia amount, unless otherwise specified, shall be con- funds or personnel by any means for any pro- Retirement Board shall provide to the Congress sidered as the maximum amount that may be ex- gram, project, or responsibility center for which and to the Council of the District of Columbia a pended for said purpose or object rather than an funds have been denied or restricted; (5) reestab- quarterly report of the allocations of charges by amount set apart exclusively therefor. lishes through reprogramming any program or fund and of expenditures of all funds: Provided SEC. 102. Appropriations in this Act shall be project previously deferred through reprogram- further, That the District of Columbia Retire- available for expenses of travel and for the pay- ming; (6) augments existing programs, projects, ment Board shall provide the Mayor, for trans- ment of dues of organizations concerned with or responsibility centers through a reprogram- mittal to the Council of the District of Columbia, the work of the District of Columbia govern- ming of funds in excess of $1,000,000 or 10 per- an itemized accounting of the planned use of ment, when authorized by the Mayor: Provided, cent, whichever is less; or (7) increases by 20 appropriated funds in time for each annual That in the case of the Council of the District of percent or more personnel assigned to a specific budget submission and the actual use of such Columbia, funds may be expended with the au- program, project or responsibility center; unless funds in time for each annual audited financial thorization of the chair of the Council. the Committees on Appropriations of both the SEC. 103. There are appropriated from the ap- report. Senate and House of Representatives are noti- plicable funds of the District of Columbia such WASHINGTON CONVENTION CENTER ENTERPRISE fied in writing 30 days in advance of any re- sums as may be necessary for making refunds FUND programming as set forth in this section. and for the payment of legal settlements or For the Washington Convention Center Enter- (b) None of the local funds contained in this judgments that have been entered against the prise Fund, $57,278,000 from other funds. Act may be available for obligation or expendi- District of Columbia government: Provided, HOUSING FINANCE AGENCY ture for an agency through a transfer of any That nothing contained in this section shall be local funds from one appropriation heading to For the Housing Finance Agency, $4,711,000 construed as modifying or affecting the provi- another unless the Committees on Appropria- from other funds. sions of section 11(c)(3) of title XII of the Dis- tions of the Senate and House of Representa- NATIONAL CAPITAL REVITALIZATION trict of Columbia Income and Franchise Tax Act tives are notified in writing 30 days in advance CORPORATION of 1947 (70 Stat. 78; Public Law 84–460; D.C. of the transfer, except that in no event may the For the National Capital Revitalization Cor- Code, sec. 47–1812.11(c)(3)). amount of any funds transferred exceed four poration, $2,673,000 from other funds. SEC. 104. No part of any appropriation con- percent of the local funds in the appropriation. tained in this Act shall remain available for ob- CAPITAL OUTLAY SEC. 110. Consistent with the provisions of 31 ligation beyond the current fiscal year unless U.S.C. 1301(a), appropriations under this Act (INCLUDING RESCISSIONS) expressly so provided herein. shall be applied only to the objects for which For construction projects, an increase of SEC. 105. No funds appropriated in this Act the appropriations were made except as other- $1,550,787,000 of which $1,348,783,000 shall be for the District of Columbia government for the wise provided by law. from local funds, $44,431,000 from Highway operation of educational institutions, the com- SEC. 111. (a) Notwithstanding any other provi- Trust funds, and $157,573,000 from Federal pensation of personnel, or for other educational sions of law, the provisions of the District of Co- funds, and a rescission of $476,182,000 from local purposes may be used to permit, encourage, fa- lumbia Government Comprehensive Merit Per- funds appropriated under this heading in prior cilitate, or further partisan political activities. sonnel Act of 1978 (D.C. Law 2–139; D.C. Offi- fiscal years, for a net amount of $1,074,605,000 to Nothing herein is intended to prohibit the avail- cial Code, sec. 1–601.01 et seq.), enacted pursu- remain available until expended: Provided, That ability of school buildings for the use of any ant to section 422(3) of the District of Columbia funds for use of each capital project imple- community or partisan political group during Home Rule Act (87 Stat. 790; Public Law 93–198; menting agency shall be managed and con- non-school hours. D.C. Official Code, sec. 1–204.22(3)), shall apply trolled in accordance with all procedures and SEC. 106. None of the funds appropriated in with respect to the compensation of District of limitations established under the Financial this Act shall be made available to pay the sal- Columbia employees: Provided, That for pay Management System: Provided further, That all ary of any employee of the District of Columbia purposes, employees of the District of Columbia funds provided by this appropriation title shall government whose name, title, grade, and salary government shall not be subject to the provisions be available only for the specific projects and are not available for inspection by the House of title 5, United States Code. purposes intended: Provided further, That the and Senate Committees on Appropriations, the (b)(1) CERTIFICATION OF NEED BY CHIEF TECH- capital budget for the Department of Health House Committee on Government Reform, the NOLOGY OFFICER.—Section 2706(b) of the Dis- shall not be available until the District of Co- Senate Committee on Governmental Affairs, and trict of Columbia Government Comprehensive lumbia Council’s Committee on Human Services the Council of the District of Columbia, or their Merit Personnel Act of 1978, as added by section receives a report on the use of any capital funds duly authorized representative. 2 of the District Government Personnel Ex- for projects on the grounds of D.C. General Hos- SEC. 107.(a) Except as provided in subsection change Agreement Amendment Act of 2000 (D.C. pital: Provided further, That notwithstanding (b), no part of this appropriation shall be used Law 13–296), is amended by inserting after ‘‘Di- the foregoing, all authorizations for capital out- for publicity or propaganda purposes or imple- rector of Personnel’’ each place it appears the lay projects, except those projects covered by the mentation of any policy including boycott de- following: ‘‘(or the Chief Technology Officer, in first sentence of section 23(a) of the Federal Aid signed to support or defeat legislation pending the case of the Office of the Chief Technology Highway Act of 1968 (82 Stat. 827; Public Law before Congress or any State legislature. Officer)’’. 90–495), for which funds are provided by this (b) The District of Columbia may use local (2) INCLUSION OF OVERHEAD COSTS IN AGREE- appropriation title, shall expire on September 30, funds provided in this Act to carry out lobbying MENTS.—Section 2706(c)(3) of such Act is amend- 2003, except authorizations for projects as to activities on any matter other than— ed by striking the period at the end and insert- which funds have been obligated in whole or in (1) the promotion or support of any boycott; ing the following: ‘‘, except that in the case of part prior to September 30, 2003: Provided fur- or the Office of the Chief Technology Officer, gen- ther, That upon expiration of any such project (2) statehood for the District of Columbia or eral and administrative costs shall include rea- authorization, the funds provided herein for the voting representation in Congress for the Dis- sonable overhead costs and shall be calculated project shall lapse: Provided further, That ex- trict of Columbia. by the Chief Technology Officer (as determined cept for funds approved in the budgets prior to (c) Nothing in this section may be construed under such criteria as the Chief Technology Of- the fiscal year 2002 budget and FL–MA2 in the to prohibit any elected official from advocating ficer independently deems appropriate subject to fiscal year 2002 Budget Request, no funds may with respect to any of the issues referred to in the review of the City Administrator, including be expended to renovate, rehabilitate or con- subsection (b). a consideration of standards used to calculate struct any facility within the boundaries of cen- SEC. 108. At the start of the fiscal year, the general, administrative, and overhead costs for sus tract 68.04 for any purpose associated with Mayor shall develop an annual plan, by quarter off-site employees found in Federal law and reg- the D.C. Department of Corrections, the CSOSA, and by project, for capital outlay borrowings: ulation and in general private industry prac- or the federal Bureau of Prisons unit until Provided, That within a reasonable time after tice).’’. March 31, 2002 or until such time as the Mayor the close of each quarter, the Mayor shall report (3) REPORTING REQUIREMENT.—Section 2706 of shall present to the Council for its approval, a to the Council of the District of Columbia and such Act is amended—

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(A) by redesignating subsection (f) as sub- SEC. 115. ACCEPTANCE AND USE OF GIFTS. (a) (d) QUARTERLY REPORTS.—The Chief Finan- section (g); and APPROVAL BY MAYOR.— cial Officer of the District of Columbia shall pre- (B) by inserting after subsection (e) the fol- (1) IN GENERAL.—An entity of the District of pare a quarterly report setting forth detailed in- lowing new subsection: Columbia government may accept and use a gift formation regarding all Federal, private, and ‘‘(f) Not later than 45 days after the end of or donation during fiscal year 2002 if— other grants subject to this section. Each such each fiscal year (beginning with fiscal year (A) the Mayor approves the acceptance and report shall be submitted to the Council of the 2002), the Chief Technology Officer shall pre- use of the gift or donation (except as provided in District of Columbia, and to the Committees on pare and submit to the Council and to the Com- paragraph (2)); and Appropriations of the House of Representatives mittees on Appropriations of the House of Rep- (B) the entity uses the gift or donation to and the Senate, not later than 15 days after the resentatives and Senate a report describing all carry out its authorized functions or duties. end of the quarter covered by the report. agreements entered into by the Chief Tech- (2) EXCEPTION FOR COUNCIL AND COURTS.—The SEC. 120. (a) RESTRICTIONS ON USE OF OFFI- nology Officer under this section which are in Council of the District of Columbia and the Dis- CIAL VEHICLES.—Except as otherwise provided effect during the fiscal year.’’. trict of Columbia courts may accept and use in this section, none of the funds made available (c) The authority which the Chief Financial gifts without prior approval by the Mayor. by this Act or by any other Act may be used to Officer of the District of Columbia exercised (b) RECORDS AND PUBLIC INSPECTION.—Each provide any officer or employee of the District of with respect to personnel, procurement, and the entity of the District of Columbia government Columbia with an official vehicle unless the of- preparation of fiscal impact statements during a shall keep accurate and detailed records of the ficer or employee uses the vehicle only in the control period (as defined in Public Law 104–8) acceptance and use of any gift or donation performance of the officer’s or employee’s offi- shall remain in effect through July 1, 2002. under subsection (a), and shall make such cial duties. For purposes of this paragraph, the (d) Section 424(b)(3) of the District of Colum- records available for audit and public inspec- term ‘‘official duties’’ does not include travel be- bia Home Rule Act (sec. 1–204.24b(c), D.C. Offi- tion. tween the officer’s or employee’s residence and cial Code) is amended— (c) INDEPENDENT AGENCIES INCLUDED.—For workplace (except: (1) in the case of an officer (1) by striking ‘‘determined’’ and all that fol- the purposes of this section, the term ‘‘entity of or employee of the Metropolitan Police Depart- lows through ‘‘exceed’’ and inserting ‘‘equal the District of Columbia government’’ includes ment who resides in the District of Columbia or to’’; and an independent agency of the District of Colum- is otherwise designated by the Chief of the De- (2) by striking ‘‘IV’’ and inserting ‘‘I’’. bia. partment; (2) at the discretion of the Fire Chief, (e) EFFECTIVE DATE.—The amendment made (d) EXCEPTION FOR BOARD OF EDUCATION.— an officer or employee of the District of Colum- by subsection (d) shall apply with respect to pay This section shall not apply to the District of bia Fire and Emergency Medical Services De- periods in fiscal year 2002 and each succeeding Columbia Board of Education, which may, pur- partment who resides in the District of Columbia fiscal year. suant to the laws and regulations of the District and is on call 24 hours a day; (3) the Mayor of SEC. 112. No later than 30 days after the end of Columbia, accept and use gifts to the public of the first quarter of the fiscal year ending Sep- the District of Columbia; and (4) the Chairman schools without prior approval by the Mayor. of the Council of the District of Columbia). tember 30, 2002, the Mayor of the District of Co- SEC. 116. None of the Federal funds provided (b) INVENTORY OF VEHICLES.—The Chief Fi- lumbia shall submit to the Council of the Dis- in this Act may be used by the District of Co- nancial Officer of the District of Columbia shall trict of Columbia the new fiscal year 2002 rev- lumbia to provide for salaries, expenses, or other submit, by November 15, 2001, an inventory, as enue estimates as of the end of the first quarter costs associated with the offices of United States of September 30, 2001, of all vehicles owned, of fiscal year 2002. These estimates shall be used Senator or United States Representative under leased or operated by the District of Columbia in the budget request for the fiscal year ending section 4(d) of the District of Columbia State- government. The inventory shall include, but September 30, 2003. The officially revised esti- hood Constitutional Convention Initiatives of not be limited to, the department to which the mates at midyear shall be used for the midyear 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1– vehicle is assigned; the year and make of the ve- report. 123). hicle; the acquisition date and cost; the general SEC. 113. No sole source contract with the Dis- SEC. 117. None of the funds appropriated condition of the vehicle; annual operating and trict of Columbia government or any agency under this Act shall be expended for any abor- maintenance costs; current mileage; and wheth- thereof may be renewed or extended without tion except where the life of the mother would er the vehicle is allowed to be taken home by a opening that contract to the competitive bidding be endangered if the fetus were carried to term District officer or employee and if so, the officer process as set forth in section 303 of the District or where the pregnancy is the result of an act or employee’s title and resident location. of Columbia Procurement Practices Act of 1985 of rape or incest. (c) No officer or employee of the District of (D.C. Law 6–85; D.C. Code, sec. 2–303.3), except SEC. 118. None of the Federal funds made that the District of Columbia government or any available in this Act may be used to implement Columbia government (including any inde- agency thereof may renew or extend sole source or enforce the Health Care Benefits Expansion pendent agency of the District but excluding the contracts for which competition is not feasible Act of 1992 (D.C. Law 9–114; D.C. Official Code, Office of the Chief Technology Officer, the or practical: Provided, That the determination sec. 32–701 et seq.) or to otherwise implement or Chief Financial Officer of the District of Colum- as to whether to invoke the competitive bidding enforce any system of registration of unmarried, bia, and the Metropolitan Police Department) process has been made in accordance with duly cohabiting couples, including but not limited to may enter into an agreement in excess of $2,500 promulgated rules and procedures and said de- registration for the purpose of extending em- for the procurement of goods or services on be- termination has been reviewed and certified by ployment, health, or governmental benefits to half of any entity of the District government the Chief Financial Officer of the District of Co- such couples on the same basis that such bene- until the officer or employee has conducted an lumbia. fits are extended to legally married couples. analysis of how the procurement of the goods SEC. 114. (a) In the event a sequestration SEC. 119. ACCEPTANCE AND USE OF GRANTS and services involved under the applicable regu- order is issued pursuant to the Balanced Budget NOT INCLUDED IN CEILING. (a) IN GENERAL.— lations and procedures of the District govern- and Emergency Deficit Control Act of 1985 (99 Notwithstanding any other provision of this ment would differ from the procurement of the Stat. 1037; Public Law 99–177), after the Act, the Mayor, in consultation with the Chief goods and services involved under the Federal amounts appropriated to the District of Colum- Financial Officer may accept, obligate, and ex- supply schedule and other applicable regula- bia for the fiscal year involved have been paid pend Federal, private, and other grants received tions and procedures of the General Services Ad- to the District of Columbia, the Mayor of the by the District government that are not reflected ministration, including an analysis of any dif- District of Columbia shall pay to the Secretary in the amounts appropriated in this Act. ferences in the costs to be incurred and the time of the Treasury, within 15 days after receipt of (b) REQUIREMENT OF CHIEF FINANCIAL OFFI- required to obtain the goods or services. a request therefor from the Secretary of the CER REPORT AND COUNCIL APPROVAL.—No such SEC. 121. Notwithstanding any other provision Treasury, such amounts as are sequestered by Federal, private, or other grant may be accept- of law, not later than 120 days after the date the order: Provided, That the sequestration per- ed, obligated, or expended pursuant to sub- that a District of Columbia Public Schools centage specified in the order shall be applied section (a) until— (DCPS) student is referred for evaluation or as- proportionately to each of the Federal appro- (1) the Chief Financial Officer of the District sessment— priation accounts in this Act that are not spe- of Columbia submits to the Council a report set- (1) the District of Columbia Board of Edu- cifically exempted from sequestration by such ting forth detailed information regarding such cation, or its successor, and DCPS shall assess Act. grant; and or evaluate a student who may have a disability (b) For purposes of the Balanced Budget and (2) the Council within 15 calendar days after and who may require special education services; Emergency Deficit Control Act of 1985 (99 Stat. receipt of the report submitted under (1) has re- and 1037; Public Law 99–177), the term ‘‘program, viewed and approved the acceptance, obligation, (2) if a student is classified as having a dis- project, and activity’’ shall be synonymous with and expenditure of such grant. ability, as defined in section 101(a)(1) of the In- and refer specifically to each account appro- (c) PROHIBITION ON SPENDING IN ANTICIPATION dividuals with Disabilities Education Act (84 priating Federal funds in this Act, and any se- OF APPROVAL OR RECEIPT.—No amount may be Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) questration order shall be applied to each of the obligated or expended from the general fund or of the Rehabilitation Act of 1973 (87 Stat. 359; 29 accounts rather than to the aggregate total of other funds of the District government in antici- U.S.C. 706(8)), the Board and DCPS shall place those accounts: Provided, That sequestration or- pation of the approval or receipt of a grant that student in an appropriate program of spe- ders shall not be applied to any account that is under subsection (b)(2) of this section or in an- cial education services. specifically exempted from sequestration by the ticipation of the approval or receipt of a Fed- SEC. 122. (a) COMPLIANCE WITH BUY AMER- Balanced Budget and Emergency Deficit Con- eral, private, or other grant not subject to such ICAN ACT.—No funds appropriated in this Act trol Act of 1985. paragraph. may be made available to any person or entity

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that violates the Buy American Act (41 U.S.C. propriations of the Senate and the House of ‘‘BAN ON POSSESSION OF TOBACCO PRODUCTS BY 10a–10c). Representatives by the 10th day after the end of MINORS (b) SENSE OF THE CONGRESS; REQUIREMENT each quarter a summary list showing each re- ‘‘SECTION 1. (a) IN GENERAL.—It shall be un- REGARDING NOTICE.— port, the due date and the date submitted to the lawful for any individual under 18 years of age (1) PURCHASE OF AMERICAN-MADE EQUIPMENT Committees. to possess any cigarette or other tobacco product AND PRODUCTS.—In the case of any equipment SEC. 127. (a) None of the funds contained in in the District of Columbia. or product that may be authorized to be pur- this Act may be used to enact or carry out any ‘‘(b) EXCEPTIONS.— chased with financial assistance provided using law, rule, or regulation to legalize or otherwise ‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.— funds made available in this Act, it is the sense reduce penalties associated with the possession, Subsection (a) shall not apply with respect to an of the Congress that entities receiving the assist- use, or distribution of any schedule I substance individual making a delivery of cigarettes or to- ance should, in expending the assistance, pur- under the Controlled Substances Act (21 U.S.C. bacco products in pursuance of employment. chase only American-made equipment and prod- 802) or any tetrahydrocannabinols derivative. ‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OP- ucts to the greatest extent practicable. (b) The Legalization of Marijuana for Medical ERATION.—Subsection (a) shall not apply with (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In Treatment Initiative of 1998, also known as Ini- respect to an individual possessing products in providing financial assistance using funds made tiative 59, approved by the electors of the Dis- the course of a valid, supervised law enforce- available in this Act, the head of each agency of trict of Columbia on November 3, 1998, shall not ment operation. the Federal or District of Columbia government take effect. ‘‘(c) PENALTIES.—Any individual who violates shall provide to each recipient of the assistance SEC. 128. Nothing in this Act may be construed subsection (a) shall be subject to the following a notice describing the statement made in para- to prevent the Council or Mayor of the District penalties: graph (1) by the Congress. of Columbia from addressing the issue of the ‘‘(1) For any violation, the individual may be (c) PROHIBITION OF CONTRACTS WITH PERSONS provision of contraceptive coverage by health required to perform community service or attend FALSELY LABELING PRODUCTS AS MADE IN insurance plans, but it is the intent of Congress a tobacco cessation program. AMERICA.—If it has been finally determined by that any legislation enacted on such issue ‘‘(2) Upon the first violation, the individual a court or Federal agency that any person in- should include a ‘‘conscience clause’’ which shall be subject to a civil penalty not to exceed tentionally affixed a label bearing a ‘‘Made in provides exceptions for religious beliefs and $50. America’’ inscription, or any inscription with moral convictions. ‘‘(3) Upon the second and each subsequent the same meaning, to any product sold in or PROMPT PAYMENT OF APPOINTED COUNSEL violation, the individual shall be subject to a shipped to the United States that is not made in SEC. 129. (a) ASSESSMENT OF INTEREST FOR civil penalty not to exceed $100. the United States, the person shall be ineligible DELAYED PAYMENTS.—If the Superior Court of ‘‘(4) Upon the third and each subsequent vio- to receive any contract or subcontract made the District of Columbia or the District of Co- lation, the individual may have his or her driv- with funds made available in this Act, pursuant lumbia Court of Appeals does not make a paying privileges in the District of Columbia sus- to the debarment, suspension, and ineligibility ment described in subsection (b) prior to the expended for a period of 90 consecutive days.’’. procedures described in sections 9.400 through piration of the 45-day period which begins on (b) USE OF CONTRIBUTION.—The Metropolitan 9.409 of title 48, Code of Federal Regulations. the date the Court receives a completed voucher Police Department shall use the contribution EC. 123. None of the funds contained in this S for a claim for the payment, interest shall be as- made under subsection (a) to enforce the law re- Act may be used for purposes of the annual sessed against the amount of the payment which ferred to in such subsection. independent audit of the District of Columbia would otherwise be made to take into account SEC. 131. The Mayor of the District of Colum- government for fiscal year 2002 unless— the period which begins on the day after the ex- bia shall submit to the Senate and House Com- (1) the audit is conducted by the Inspector piration of such 45-day period and which ends mittees on Appropriations, the Senate Govern- General of the District of Columbia, in coordina- on the day the Court makes the payment. mental Affairs Committee, and the House Gov- tion with the Chief Financial Officer of the Dis- (b) PAYMENTS DESCRIBED.—A payment de- ernment Reform Committee quarterly reports ad- trict of Columbia, pursuant to section 208(a)(4) scribed in this subsection is— dressing the following issues: (1) crime, includ- of the District of Columbia Procurement Prac- (1) a payment authorized under section 11– ing the homicide rate, implementation of com- tices Act of 1985 (D.C. Official Code, sec. 2– 2604 and section 11–2605, D.C. Code (relating to munity policing, the number of police officers on 302.8); and representation provided under the District of local beats, and the closing down of open-air (2) the audit includes as a basic financial Columbia Criminal Justice Act); drug markets; (2) access to drug abuse treat- statement a comparison of audited actual year- (2) a payment for counsel appointed in pro- ment, including the number of treatment slots, end results with the revenues submitted in the ceedings in the Family Division of the Superior the number of people served, the number of peo- budget document for such year and the appro- Court of the District of Columbia under chapter ple on waiting lists, and the effectiveness of priations enacted into law for such year using 23 of title 16, D.C. Code; or treatment programs; (3) management of parolees the format, terminology, and classifications con- (3) a payment for counsel authorized under and pre-trial violent offenders, including the tained in the law making the appropriations for section 21–2060, D.C. Code (relating to represen- number of halfway house escapes and steps the year and its legislative history. tation provided under the District of Columbia taken to improve monitoring and supervision of SEC. 124. None of the funds contained in this Guardianship, Protective Proceedings, and Du- Act may be used by the District of Columbia halfway house residents to reduce the number of rable Power of Attorney Act of 1986). Corporation Counsel or any other officer or en- escapes to be provided in consultation with the (c) STANDARDS FOR SUBMISSION OF COM- tity of the District government to provide assist- Court Services and Offender Supervision Agen- PLETED VOUCHERS.—The chief judges of the Su- ance for any petition drive or civil action which cy; (4) education, including access to special perior Court of the District of Columbia and the education services and student achievement to seeks to require Congress to provide for voting District of Columbia Court of Appeals shall es- representation in Congress for the District of be provided in consultation with the District of tablish standards and criteria for determining Columbia Public Schools; (5) improvement in Columbia. whether vouchers submitted for claims for pay- SEC. 125. (a) None of the funds contained in basic District services, including rat control and ments described in subsection (b) are complete, this Act may be used for any program of distrib- abatement; (6) application for and management and shall publish and make such standards and uting sterile needles or syringes for the hypo- of Federal grants, including the number and criteria available to attorneys who practice be- dermic injection of any illegal drug. type of grants for which the District was eligible (b) Any individual or entity who receives any fore such Courts. but failed to apply and the number and type of (d) RULE OF CONSTRUCTION.—Nothing in this funds contained in this Act and who carries out grants awarded to the District but for which the section shall be construed to require the assess- any program described in subsection (a) shall District failed to spend the amounts received; ment of interest against any claim (or portion of account for all funds used for such program sep- and (7) indicators of child well-being. any claim) which is denied by the Court in- arately from any funds contained in this Act. SEC. 132. Nothing in this Act bars the District volved. SEC. 126. None of the funds contained in this of Columbia Corporation Counsel from review- (e) EFFECTIVE DATE.—This section shall apply Act may be used after the expiration of the 60- ing or commenting on briefs in private lawsuits, with respect to claims received by the Superior day period that begins on the date of the enact- or from consulting with officials of the District Court of the District of Columbia or the District ment of this Act to pay the salary of any chief government regarding such lawsuits. of Columbia Court of Appeals during fiscal year financial officer of any office of the District of RESERVE FUNDS 2002, and claims received previously that remain Columbia government (including any inde- SEC. 133. (a) IN GENERAL.—Section 202(j) of unpaid at the end of fiscal year 2001, and would pendent agency of the District) who has not Public Law 104–8, the District of Columbia Fi- have qualified for interest payment under this filed a certification with the Mayor and the nancial Responsibility and Management Assist- section. Chief Financial Officer of the District of Colum- ance Act of 1995 is amended to read as follows: bia that the officer understands the duties and FEDERAL CONTRIBUTION FOR ENFORCEMENT OF ‘‘(j) RESERVE FUNDS.— restrictions applicable to the officer and the offi- LAW BANNING POSSESSION OF TOBACCO PROD- ‘‘(1) BUDGET RESERVE.— cer’s agency as a result of this Act (and the UCTS BY MINORS ‘‘(A) IN GENERAL.—For each of the fiscal years amendments made by this Act), including any SEC. 130. (a) CONTRIBUTION.—There is hereby 2002 and 2003, the budget of the District govern- duty to prepare a report requested either in the appropriated a Federal contribution of $100,000 ment for the fiscal year shall contain a budget Act or in any of the reports accompanying the to the Metropolitan Police Department of the reserve in the following amounts: Act and the deadline by which each report must District of Columbia, effective upon the enact- ‘‘(i) $120,000,000, in the case of fiscal year be submitted, and the District’s Chief Financial ment by the District of Columbia of a law which 2002. Officer shall provide to the Committees on Ap- reads as follows: ‘‘(ii) $70,000,000, in the case of fiscal year 2003.

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6333 E:\CR\FM\A05DE7.055 pfrm01 PsN: H05PT1 H8924 CONGRESSIONAL RECORD — HOUSE December 5, 2001

‘‘(B) AVAILABILITY OF FUNDS.—Any amount ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In tion or proceeding brought against the District made available from the budget reserve de- subparagraph (A), the ‘applicable percentage’ of Columbia Public Schools under the Individ- scribed in subparagraph (A) shall remain avail- with respect to a fiscal year means the fol- uals with Disabilities Education Act (20 U.S.C. able until expended. lowing: § 1400 et seq.). ‘‘(C) AVAILABILITY OF FISCAL YEAR 2001 BUDG- ‘‘(i) For fiscal year 2002, 0 percent. (b) No later than 60 days after the date of en- ET RESERVE FUNDS.—For fiscal year 2001, any ‘‘(ii) For fiscal year 2003, 0 percent. actment of this Act, the Superintendent of amount in the budget reserve shall remain avail- ‘‘(iii) For fiscal year 2004, 0 percent. Schools for the District of Columbia shall submit able until expended. ‘‘(iv) For fiscal year 2005, 1 percent. to the Committees on Appropriations for the ‘‘(2) CUMULATIVE CASH RESERVE.—In addition ‘‘(v) For fiscal year 2006, 2 percent.’’. Senate and the House of Representatives a writ- to any other cash reserves required under sec- SEC. 134. INTEGRATED PRODUCT TEAM. No ten report for each of the fiscal years 1999, 2000, tion 450A of the District of Columbia Home Rule funds appropriated by this Act shall be avail- and 2001, detailing a complete itemized list, by Act, for each of the fiscal years 2004 and 2005, able for an Integrated Product Team until reor- year, of the judgments for attorneys’ fees the budget of the District government for the fis- ganization plans for the Integrated Product awarded to plaintiffs who prevailed in cases cal year shall contain a cumulative cash reserve Team and a Capital Construction Services Ad- brought against the District of Columbia or the of $50,000,000. ministration have been approved, or deemed ap- District of Columbia Public Schools under sec- ‘‘(3) CONDITIONS ON USE.—The District of Co- proved, by the Council: Provided, That this tion 615(i)(3) of the Individuals with Disabilities lumbia may obligate or expend amounts in the paragraph shall not apply to funds appro- Education Act (20 U.S.C. 1415(i)(3)). Such report budget reserve under paragraph (1) or the cu- priated for the Office of Contracting and Pro- shall specify: (1) the amount of each judgment; mulative cash reserve under paragraph (2) only curement. (2) the total amount paid on each judgment as in accordance with the following conditions: SEC. 135. No later than 30 calendar days after of the date of the report; (3) the principal bal- ‘‘(A) The Chief Financial Officer of the Dis- the date of the enactment of this Act, the Chief ance remaining due on each such judgment as trict of Columbia shall certify that the amounts Financial Officer of the District of Columbia of the date of the report, the amount of interest are available. shall submit to the appropriate committees of due as of December 31, 2001 on each unpaid ‘‘(B) The amounts shall be obligated or ex- Congress, the Mayor, and the Council a revised amount; and the prospective annual rate of in- pended in accordance with laws enacted by the appropriated funds operating budget in the for- terest applicable to the judgment as of January Council in support of each such obligation or mat of the budget that the District of Columbia 1, 2002; (4) the name of the Court and case num- expenditure. government submitted pursuant to section 442 of ber for each judgment; (5) the aggregate total ‘‘(C) The amounts may not be used to fund the District of Columbia Home Rule Act (Public due in principal and interest on the judgments; the agencies of the District of Columbia govern- Law 93–198; D.C. Official Code, sec. 1–204.42), and (6) the amount paid by the District of Co- ment under court ordered receivership. for all agencies of the District of Columbia gov- lumbia, in each case listed, to defense counsel ‘‘(D) The amounts may be obligated or ex- ernment for such fiscal year that is in the total representing the District or the District of Co- pended only if the Mayor notifies the Commit- amount of the approved appropriation and that lumbia Public Schools. tees on Appropriations of the House of Rep- realigns all budgeted data for personal services SEC. 141. The Comptroller General, in con- resentatives and Senate in writing 30 days in and other-than-personal-services, respectively, sultation with the relevant agencies and mem- advance of any obligation or expenditure. with anticipated actual expenditures. bers of the Committees on Appropriations Sub- ‘‘(4) REPLENISHMENT.—Any amount of the SEC. 136. Section 403 of the District of Colum- committees on the District of Columbia, shall budget reserve under paragraph (1) or the cu- bia Home Rule Act, approved December 24, 1973 submit by March 31, 2002 a report to the Com- mulative cash reserve under paragraph (2) (Public Law 93–198; D.C. Official Code, sec. 1– mittees on Appropriations of the House and the which is expended in one fiscal year shall be re- 204.03), is amended as follows: Senate and the Committee on Governmental Af- plenished in the following fiscal year appropria- (1) Subsection (c) is amended by striking fairs of the Senate and the Committee on Gov- tions to maintain the required balance.’’. ‘‘shall receive, in addition to the compensation ernment Reform of the House of Representatives (b) EFFECTIVE DATE.—The amendment made to which he is entitled as a member of the Coun- detailing the awards in judgment rendered in by subsection (a) shall take effect October 1, cil, $10,000 per annum, payable in equal install- the District of Columbia that were in excess of 2001. ments, for each year he serves as Chairman, but the cap imposed by prior appropriations Acts in (c) CONFORMING AMENDMENTS.—Section 159(c) the Chairman’’. effect during the fiscal year when the work was of the District of Columbia Appropriations Act, (2) A new subsection (d) is added to read as performed, or when payment was requested for 2001 (Public Law 106–522; 114 Stat. 2482) is follows: work previously performed, in actions brought amended to read as follows: ‘‘(d) Notwithstanding subsection (a), as of the against the District of Columbia Public Schools ‘‘(c) EFFECTIVE DATE.— effective date of the District of Columbia Appro- under the Individuals with Disabilities Edu- ‘‘(1) IN GENERAL.—Except as provided in para- priations Act, 2001, the Chairman shall receive cation Act (20 U.S.C. § 1400 et seq.): Provided, graph (2), this section and the amendments compensation, payable in equal installments, at That such report shall include a comparison, to made by this section shall take effect on October a rate equal to $10,000 less than the annual com- the extent practicable, of the causes of action 1, 2000. pensation of the Mayor.’’. and judgments rendered against public school ‘‘(2) REPEAL OF POSITIVE FUND BALANCE RE- SEC. 137. RISK MANAGEMENT FOR SETTLE- districts of comparable demographics and popu- QUIREMENT.—The amendment made by sub- MENTS AND JUDGMENTS. In addition to any other lation as the District. section (b)(2) shall take effect October 1, 1999. authority to pay claims and judgments, any de- This Act may be cited as the ‘‘District of Co- ‘‘(3) TRANSFER OF FUNDS.—All funds identi- partment, agency, or instrumentality of the Dis- lumbia Appropriations Act, 2002’’. fied by the District government pursuant to sec- trict government may pay the settlement or And the Senate agree to the same. tion 148 of Public Law 106–113, as reflected in judgment of a claim or lawsuit in an amount JOE KNOLLENBERG, the certified annual financial report for fiscal less than $10,000, in accordance with the Risk ERNEST ISTOOK, year 2000, shall be deposited during fiscal year Management for Settlements and Judgments JOHN T. DOOLITTLE, 2002 into the Emergency and Contingency Re- Amendment Act of 2000, effective October 19, JOHN E. SWEENEY, serve Funds established pursuant to Section 159 2000 (D.C. Law 13–172; D.C. Official Code § 2– DAVID VITTER, of Public Law 106–522, during fiscal year 2002.’’. 402). BILL YOUNG, ONTINGENCY ESERVE UND SEC. 138. Notwithstanding section 602(c)(1) of (d) C R F .—Section CHAKA FATTAH, the District of Columbia Home Rule Act (sec. 1– 450A(b) of the Home Rule Act (Public Law 93– ALAN B. MOLLOHAN, 198) is amended— 206(c)(1), D.C. Code), the Closing of Portions of Managers on the Part of the House. (1) by striking paragraph (1) and inserting the 2nd and N Streets, N.E. and Alley System in following: Square 710, S.O. 00–97, Act of 2001 (D.C. Act 14– MARY L. LANDRIEU, ‘‘(1) IN GENERAL.—There is established a con- 106) shall take effect on the date of the enact- JACK REED, tingency cash reserve fund (in this subsection ment of such Act or the date of the enactment DANIEL K. INOUYE, referred to as the ‘contingency reserve fund’) as of this Act, whichever is later. MIKE DEWINE, an interest-bearing account (separate from other SEC. 139. None of the funds contained in this TED STEVENS, accounts in the General Fund) into which the Act may be used to issue, administer, or enforce Managers on the Part of the Senate. Mayor shall deposit in cash not later than Octo- any order by the District of Columbia Commis- JOINT EXPLANATORY STATEMENT OF ber 1 of each fiscal year (beginning with fiscal sion on Human Rights relating to docket num- THE COMMITTEE OF CONFERENCE year 2002) such amount as may be required to bers 93–030–(PA) and 93–031–(PA). The managers on the part of the House and maintain a balance in the fund of at least 3 per- SEC. 140. (a) Notwithstanding 20 U.S.C. § 1415, the Senate at the conference on the dis- cent of the total budget appropriated for oper- 42 U.S.C. § 1988, 29 U.S.C § 794a, or any other agreeing votes of the two Houses on the ating expenditures for such fiscal year which is law, none of the funds appropriated under this amendment of the Senate to the bill (H.R. derived from local funds (or, in the case of fiscal Act, or in appropriations Acts for subsequent 2944) making appropriations for the govern- years prior to fiscal year 2007, such amount as fiscal years, may be made available to pay attor- ment of the District of Columbia and other may be required to maintain a balance in the neys’ fees accrued prior to the effective date of activities chargeable in whole or in part fund of at least the minimum contingency re- this Act that exceeds a cap imposed on attor- against the revenues of said District for the serve balance for such fiscal year, as determined neys’ fees by prior appropriations Acts that fiscal year ending September 30, 2002, and for under paragraph (2)).’’; and were in effect during the fiscal year when the other purposes, submit the following joint (2) by striking subparagraph (B) of paragraph work was performed, or when payment was re- statement to the House and the Senate in ex- (2) and inserting the following: quested for work previously performed, in an ac- planation of the effect of the actions agreed

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.058 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8925 upon by the managers and recommended in ment and Job Training Partnership as pro- Columbia of which $12,652,000 is to be made the accompanying conference report. posed by the House. available immediately to the District’s The conference agreement on the District FEDERAL PAYMENT TO CAPITOL EDUCATION Emergency Management Agency for plan- of Columbia Appropriations Act, 2002, incor- FUND ning, training, and personnel costs required porates some of the provisions of both the for implementing the emergency operations House and Senate versions of the bill. The Appropriates $500,000 to the Capitol Edu- cation Fund. plan and $3,406,000 is to be made available language and allocations set forth in House immediately for reimbursement for equip- Report 107–216 and Senate Report 107–85 FEDERAL PAYMENT TO METROPOLITAN KAPPA ment purchased to provide security for the should be complied with unless specifically YOUTH DEVELOPMENT FOUNDATION, INC. planned meetings in September 2001 of the addressed in the accompanying bill and Appropriates $450,000 to the Metropolitan World Bank and the International Monetary statement of the managers to the contrary. Kappa Youth Development Foundation, Inc. Fund. The conference action requires the The agreement agreed to herein, while re- FEDERAL PAYMENT TO THE FIRE AND Mayor and the Chairman of the Council of peating some report language for emphasis, EMERGENCY MEDICAL SERVICES DEPARTMENT the District of Columbia, in consultation does not negate the language reference above Appropriates $500,000 to the Fire and Emer- with the Director of the Office of Personnel unless expressly provided. General provisions Management, the United States Park Police, which are identical in the House and Senate gency Medical Services Department for dry docking of the fire boat as proposed by the the United States Capitol Police, the Wash- passed versions of H.R. 2944 are unchanged by ington Metropolitan Area Transit Authority, the conference agreement and are approved House. regional transportation authorities, the Fed- unless provided to the contrary herein. FEDERAL PAYMENT TO THE CHIEF MEDICAL eral Emergency Management Agency, the A summary chart appears later in this EXAMINER Governor of the State of Maryland and the statement just before the explanations of the Appropriates $585,000 for the Chief Medical Governor of the Commonwealth of Virginia, general provisions showing the Federal ap- Examiner for reduction in the backlog of au- the county executives of the contiguous propriations by account and the allocation of topsies, case reports and for the purchase of counties of the regional and the respective District funds by agency or office under each toxicology and histology equipment as pro- state and local law enforcement entities in appropriation title showing the fiscal year posed by the House. 2001 appropriation, the fiscal year 2002 re- the region, to develop an integrated emer- FEDERAL PAYMENT TO THE YOUTH LIFE quest, the House and Senate recommenda- gency operations plan for the District of Co- tions and the conference allowance. FOUNDATION lumbia in cases of national security events, Appropriates $250,000 to the Youth Life including terrorist threats, protests, or other FEDERAL FUNDS Foundation for technical assistance, oper- unanticipated events. The plan is to be sub- FEDERAL PAYMENT FOR RESIDENT TUITION ation expenses, and establishment of a Na- mitted to the Committees on Appropriations SUPPORT tional Training Institute as proposed by the of the Senate and House of Representatives The conference agreement includes lan- House. no later than January 2, 2002. In addition, guage requiring the Federal payment for FEDERAL PAYMENT TO FOOD AND FRIENDS the Chief Financial Officer is required to resident tuition support be deposited into a provide quarterly reports on the use of the dedicated account with any interest accrued Appropriates $2,000,000 to Food and Friends for their Capital Campaign as proposed by funds under this heading beginning not later to be used on behalf of eligible District of than April 2, 2002. Columbia residents. The conference action the House. requires quarterly financial reports from the FEDERAL PAYMENT TO THE CITY FEDERAL PAYMENT TO THE CHIEF FINANCIAL Chief Financial Officer on the use of resident ADMINISTRATOR OFFICER OF THE DISTRICT OF COLUMBIA tuition funds and limits administrative ex- Appropriates $300,000 to the City Adminis- Appropriates $8,300,000 instead of $2,350,000 penses to seven percent of the total amount trator for the Criminal Justice Coordinating as proposed by the House and $5,900,000 as appropriated herein rather than allowing ad- Council for the District of Columbia as pro- proposed by the Senate. The appropriation ministrative expenses to be charged again on posed by the House. includes $1,000,000 for payment to the Excel carryover amounts. Institute Adult Education Program to be The conferees recognize and appreciate the FEDERAL PAYMENT TO SOUTHEASTERN used by the Institute for construction, important role of Historically Black Colleges UNIVERSITY $300,000 for payment to the Woodlawn Ceme- and Universities (HBCUs) in educating citi- Appropriates $500,000 to Southeastern Uni- tery for restoration of the Cemetery, $250,000 zens of the District of Columbia. Therefore, versity for a public/private partnership with for payment to the Real World Schools con- conferees urge the prompt expansion of the the District of Columbia Public Schools at cerning 21st Century reform models for sec- District of Columbia’s Tuition Assistance the McKinley Technology High School cam- ondary education and the use of technology Grant Program to make those students at- pus as proposed by the House instead of to support learning in the District of Colum- tending HBCUs outside of the District of Co- $250,000 as proposed by the Senate. bia, $300,000 for payment to a mentoring pro- lumbia, Maryland and Virginia eligible for FEDERAL PAYMENT TO THE DISTRICT OF gram and for hotline services; $250,000 for grant assistance. COLUMBIA PUBLIC SCHOOLS payment to a youth development program FEDERAL PAYMENT FOR INCENTIVES FOR Appropriates $2,500,000 to the District of with character education initiative; $250,000 ADOPTION OF CHILDREN Columbia Public Schools of which $2,000,000 for payment to a basic values training in the The conference agreement has approved is for the Voyager Expanded Learning Lit- local public schools, $2,250,000 for payment extending the availability until September eracy Program in kindergarten and first for a pilot project to demonstrate the ‘‘Ac- 30, 2002 of the $5,000,000 approved in Public grade classrooms, $250,000 is for the Failure tive Cap’’ river cleanup technology on the Law 106–113 dated November 29, 1999 for this Free Reading Literacy Program for non- Anacostia River, $500,000 for payment to the program. The conference action provides readers and special education students and Washington, D.C. Sports and Entertainment that $1,000,000 be used for the establishment $250,000 is for Lightspan, Inc. to implement Commission, which in coordination with the of a scholarship fund for post high school the eduTest.com program in the public U.S. Soccer Foundation, shall use the funds education and training for District children school system. for environmental and infrastructure costs at the Kenilworth Park in the creation of of adoptive families as well as for District FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA children without parents due to the Sep- the Kenilworth Regional Sport Complex, AND FEDERAL LAW ENFORCEMENT MOBILE tember 11, 2001 terrorist attack. The lan- $600,000 for payment to the One Economy WIRELESS INTEROPERABILITY PROJECT guage also allows the funds to be used to Corporation to increase Internet access to fund programs included in amendments Appropriates $1,400,000 as proposed by the low-income homes in the District of Colum- made by title 22 of the District’s FY 2002 Senate in support of the District of Columbia bia, $500,000 for payment to the Langston Budget Support Act to the Adoption Support and Federal law enforcement Mobile Wire- Project for the 21st Century, a community Fund. less Interoperability Project as follows: revitalization project to improve physical The conferees encourage the Mayor to use $400,000 to the District of Columbia Office of education and training facilities, $1,000,000 funds made available to create incentives to the Chief Technology Officer, $333,334 to the for payment to the Green Door Program, for promote the adoption of children in the Dis- United States Secret Service, $333,333 to the capital improvements at a community men- trict of Columbia foster care system, includ- United States Capitol Police, and $333,333 to tal health clinic, $500,000 for payment to the ing $2,000,000 for attorney fees and home the United States Park Police. The conferees Historical Society of Washington for capital studies, $1,000,000 for establishment of a pri- expect the Secret Service, the Park Police, improvements to the new City Museum; vate adoptive family resource center in the and the Capitol Police to provide additional $200,000 to Teach for America DC for teacher District to provide ongoing information, edu- funding to continue this project through development, $50,000 to the District of Co- cation and support to adoptive families, and their own appropriations or through existing lumbia for initial renovations at Eastern $1,000,000 for adoption incentives and support interagency funding pools in subsequent fis- Market, $350,000 to the District of Columbia for children with special needs. cal years. Safe Kids Coalition to promote child pas- FEDERAL PAYMENT TO THE CAPITOL CITY CA- FEDERAL PAYMENT FOR EMERGENCY PLANNING senger safety through the Child Occupant REER DEVELOPMENT AND JOB TRAINING PART- AND SECURITY COSTS IN THE DISTRICT OF CO- Protection Initiative. The conferees direct NERSHIP LUMBIA the District’s Chief Financial Officer to Appropriates $500,000 for a Federal pay- Appropriates $16,058,000 for emergency make the above payments directly to the or- ment to the Capitol City Career Develop- planning and security costs in the District of ganizations within 30 days of the enactment

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.061 pfrm01 PsN: H05PT1 H8926 CONGRESSIONAL RECORD — HOUSE December 5, 2001 of this Act. The conferees do not expect the child care, transportation, hospital-based in- house or supervise offenders and defendants Chief Financial Officer to administer these formational and referral services, and family rather than limiting the Director to a spe- programs or get involved in any way with support. The conferees recommend that the cific site as proposed in the budget request the programs except to ensure that the funds District government make funds available and proposed by the House. In any event the are disbursed promptly and correctly to the for victim assistance programs which are site is to be acquired by March 31, 2002. proper organizations. aimed at improving the intake, assessment, FEDERAL PAYMENT TO THE CHILDREN’S The conferees encourage the District’s screening and investigation of reports of NATIONAL MEDICAL CENTER Chief Financial Officer to credit amounts re- child abuse and neglect and domestic vio- Appropriates $5,500,000 to the Children’s imbursed by the U.S. Marshals Service for lence. National Medical Center of which $500,000 is The District’s Chief Financial Officer is di- District of Columbia inmates housed in pri- for completion of a network of satellite pedi- rected to certify that the program funds vate contract facilities directly to the Dis- atric health clinics for children and families awarded to grantees under this program are trict of Columbia Department of Corrections in underserved neighborhoods and commu- used to directly serve victims of crime. for payment to a contract bed space service nities in the District of Columbia and The conference agreement amends D.C. Of- provider. $5,000,000 is for capital and equipment im- ficial Code, sec. 11–2604 to increase the hour- FEDERAL PAYMENT TO THE DISTRICT OF provements. COLUMBIA CORRECTIONS TRUSTEE OPERATIONS ly rate for attorneys for indigents appointed under the Criminal Justice Act (CJA) from ST. COLETTA OF GREATER WASHINGTON Appropriates $30,200,000 instead of $50 per hour to $65 per hour and increases the EXPANSION PROJECT $32,700,000 as proposed by the House and Sen- rate paid to investigators from $10 per hour Appropriates $2,000,000 to St. Coletta of ate. The reduction consists of $2,000,000 from to $25 per hour. The rates are effective for Greater Washington, Inc. instead of $1,000,000 building renovations and $500,000 from funds cases initiated on or after March 1, 2002. as proposed by the House for costs associated requested for the closing of the sewage treat- Quality of CJA legal services.—The conferees with the establishment of a day program and ment plant and the removal of underground strongly urge the D. C. Superior Court to comprehensive case management services for storage tanks at the Lorton Correctional evaluate the quality of the legal services mentally retarded and multiple handicapped Complex. rendered by lawyers appointed under the adolescents and adults in the District of Co- FEDERAL PAYMENT TO THE DISTRICT OF Criminal Justice Act to handle juvenile de- lumbia including property acquisition and COLUMBIA COURTS linquency cases. The Court is urged to take construction. Appropriates $112,180,000 instead of immediate, affirmative steps to ensure that FEDERAL PAYMENT TO FAITH AND POLITICS $111,238,000 as proposed by the House and lawyers who lack the requisite training, ex- INSTITUTE $140,181,000 as proposed by the Senate and al- perience and skill are not appointed to delin- Appropriates $50,000 to the Faith and Poli- locates $66,091,000 as proposed by the House quency cases. The conferees also urge the tics Institute for grass roots-based racial for Superior Court instead of $72,694,000 as Court to adopt a Continuing Legal Education sensitivity programs in the District of Co- proposed by the Senate, $31,594,000 for the (CLE) requirement for all lawyers rendering lumbia as proposed by the House. Court System instead of $31,149,000 as pro- legal services under the Criminal Justice posed by the House and $31,634,000 as pro- Act. Such training is critical to improving FEDERAL PAYMENT TO THE THURGOOD posed by the Senate, and $6,492,000 for capital the quality of legal representation provided MARSHALL ACADEMY CHARTER SCHOOL improvements instead of $5,995,000 as pro- to indigent people in the District of Colum- Appropriates $1,000,000 as proposed by the posed by the House and $27,850,000 as pro- bia and will result in a more cost-efficient Senate to the Thurgood Marshall Academy posed by the Senate. The conference action system. Charter School to be used to acquire and renovate an educational facility in the Ana- deletes the proviso proposed by the House FEDERAL PAYMENTS FOR FAMILY COURT ACT costia area of the District. that would have required approval by the Appropriates $24,016,000 for carrying out FEDERAL PAYMENT TO THE GEORGE WASH- Committees for the purchase, installation the District of Columbia Family Court Act and operation of an Integrated Justice Infor- of 2001 instead of $23,316,000 as proposed by INGTON UNIVERSITY CENTER FOR EXCELLENCE mation System. The conference action de- the House and $23,315,000 as proposed by the IN MUNICIPAL MANAGEMENT letes language proposed by the Senate that Senate. The increase of $700,000 includes Appropriates $250,000 to the George Wash- would have allowed the District of Columbia $200,000 for the completion of a plan by the ington University Center for Excellence in Courts to reallocate not more than $1,000,000 Mayor on integrating the computer systems Municipal Management as proposed by the of funds provided under this heading among of the District of Columbia government with Senate to increase the enrollment of man- the items and entities funded under such the Family Court of the Superior Court and agers from the District of Columbia govern- heading. The conference action transfers the $500,000 to be used by the Child and Family ment. new District of Columbia Family Court to a Services Agency for activities authorized by COURT APPOINTED SPECIAL ADVOCATES separate appropriation heading as proposed the District of Columbia Family Court Act Appropriates $250,000 to the District of Co- by the House instead of as a proviso under of 2001. lumbia Court Appointed Special Advocates this heading as proposed by the Senate. DEFENDER SERVICES IN DISTRICT OF COLUMBIA Unit as proposed by the Senate to be used to ADMINISTRATIVE PROVISIONS COURTS expand the Unit’s work in the Family Court The conference agreement amends D.C. Of- Appropriates $34,311,000 as proposed by the of the District of Columbia Superior Court. ficial Code, sec. 11–1722(a) to remove the Di- House instead of $39,311,000 as proposed by ADMINISTRATIVE PROVISION rector of Social Services in the Superior the Senate and makes conforming technical The conference agreement allows $100,000 Court from direct supervision of the Execu- changes. The reduction of $5,000,000 below appropriated in the District of Columbia Ap- tive Officer as proposed by the Senate. the Senate recommendation reflects con- propriations Act, 2001, Public Law 106–522 The conference agreement amends D.C. Of- ference action that requires the use of unob- (114 Stat. 2441) to remain available until Sep- ficial Code, sec. 11–1723(a)(3) to remove the ligated balances to fund the rate increase for tember 30, 2002 for the Metropolitan Police internal auditing of the accounts of the investigators and for attorneys for indigents Department to fund a youth safe haven po- courts from the fiscal officer as proposed by appointed under the Criminal Justice Act. lice mini-station for mentoring high risk the Senate. The conference agreement also requires that youth; $1,000,000 made available in such Act Crime victims compensation.—The conference $4,685,500 for design and construction ex- for the Washington Interfaith Network (114 agreement amends D.C. Official Code, sec. 4– penses of the courthouse at 451 Indiana Ave- Stat. 2444) to remain available until Decem- 515(d) and (e) concerning the Victims of Vio- nue, N.W., be paid from unobligated balances ber 31, 2002 for reimbursement of costs in- lent Crime Compensation Fund to allow 50 in this account. curred in carrying out preconstruction ac- percent of the estimated balance to be used tivities at the former Fort Dupont Dwellings for direct compensation payments to crime FEDERAL PAYMENT TO THE COURT SERVICES and Additions, and $3,450,000 for Brownfield victims through the Fund and the balance AND OFFENDER SUPERVISION AGENCY FOR THE Remediation (114 Stat. 2445) to remain avail- for outreach activities designed to increase DISTRICT OF COLUMBIA able until expended for environmental and the number of crime victims who apply for (INLCUDING TRANSFER OF FUNDS) infrastructure costs at Poplar Point as pro- such direct compensation payments. The The conference agreement allows $2,000 for posed by the Senate. language also provides that not more than 5 official receptions related to the offender percent of the total amount of monies in the and defendant support programs instead of CONGRESSIONAL RESEARCH SERVICE Fund may be used to pay administrative $1,500 proposed by the House and $5,000 pro- The conferees direct the Congressional Re- costs. posed by the Senate. The conference agree- search Service to analyze the differences and The District’s Chief Financial Officer is di- ment restores the proviso requiring the Di- similarities in municipal, state and national rected to certify that priority is given to rector to keep accurate and detailed records government, including funding, manage- crime victim assistance programs that proof the acceptance and use of any gift or do- ment, oversight, and the rights of citizens, in vide assistance to victims of sexual assault, nation as proposed by the House and makes the District of Columbia and ten other com- domestic violence, or child abuse including conforming technical changes. The con- parable national capitals. The conferees re- but not limited to abuse counseling, health ference action includes language proposed by quest that the report be submitted to the and mental health services, child advocacy the Senate that allows the Director flexi- House and Senate Committees on Appropria- centers, emergency housing, emergency bility in acquiring an appropriate site to tions not later than March 31, 2002.

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DISTRICT OF COLUMBIA FUNDS tivities related to the D.C. Antitrust Act of and administration of such affiliate entities. DIVISION OF EXPENSES 1980, $10,000 for Antifraud activities related As a result of the House Committee’s discus- Provides that operating expenses for the to section 820 of the D.C. Procurement Prac- sions with Downtown BID Board members District of Columbia for fiscal year 2002 shall tices Act of 1985, and $233,000 for the Con- and staff members, the Downtown BID has not exceed $6,048,160,000 of which $124,163,000 sumer Protection Fund established pursuant informed its Board and other business orga- is from intra-District funds and $3,574,493,000 to section 1402 of the District of Columbia nizations in the District that it will not is from local funds instead of $6,043,881,000 of Budget Support Act for fiscal year 2001. move forward with the expansion of its core which $124,163,000 is from intra-District funds Office of the Chief Financial Officer.—The mission at this time, and that any expansion and $3,571,343,000 is from local funds as pro- conference agreement includes $50,000 for ini- of its core mission, either within the BID or posed by the House and $6,051,646,000 of which tial renovations at Eastern Market from through affiliated entities, will not duplicate $124,163,000 is from intra-District funds and Federal funds appropriated earlier in this existing government functions that are cur- $3,553,300,000 is from local funds as proposed Act. rently funded with taxpayer dollars. by the Senate. The changes in the amounts ECONOMIC DEVELOPMENT AND REGULATION The conferees are concerned about this sit- reflect actions taken by the conferees in the The conference agreement includes the uation and the considerable deviation from funding levels under the various appropria- provisos proposed by the Senate requiring the BIDs’ original mission as conveyed to tion headings. the Department of Consumer and Regulatory Congress. The conference agreement includes a pro- Affairs to use $50,000 of the receipts from the PUBLIC SAFETY AND JUSTICE viso allowing the ceiling amount to be in- net proceeds from the contractor that han- Appropriates $633,853,000 including creased by proceeds of one-time transactions dles the District’s occupational and profes- $594,803,000 from local funds, instead of which are expended for emergency or unan- sional licensing to fund additional staff and $632,668,000 including $593,618,000 from local ticipated operating or capital needs and de- equipment for the Rental Housing Adminis- funds as proposed by the Senate. letes the provision that would have allowed tration. The conference agreement approves Metropolitan Police Department.—The con- expenditures above the cap to generate addi- $293,000 from other funds resulting from the ference agreement provides $100,000 in Fed- tional revenues. The conferees encourage the lapse of personnel vacancies, caused by eral funds included in section 130 of the gen- Chief Financial Officer to reprioritize exist- transferring employees into NSO positions eral provisions on the condition that the Dis- ing resources for this purpose. without filling the resultant vacancies, into trict government enacts into law a ban on GOVERNMENTAL DIRECTION AND SUPPORT the revolving 5–513 fund to be used to imple- the possession of tobacco products by minors Appropriates $286,138,000 including ment the provisions in D.C. Law 13–281, the as specified in section 132. The funds are to $229,421,000 from local funds, $38,809,000 in Abatement and Condemnation of Nuisance be used by the Department to enforce the Federal funds and $17,908,000 from other Properties Omnibus Amendment Act of 2000, ban. Fire and Emergency Medical Services Depart- funds instead of $285,359,000 including pertaining to the prevention of the demoli- ment.—The conference agreement includes $229,271,000 from local funds, $38,809,000 from tion by neglect of historic properties. The $500,000 for the Fire and Emergency Medical Federal funds and $17,279,000 from other conference agreement approves the proviso Services Department to cover the costs of funds as proposed by the House and that requires 18 percent of the annual total dry docking the fireboat as proposed by the $307,117,000 including $228,471,000 from local amount in the 5–513 fund, up to $500,000, that is deposited into the 5–513 fund on an annual House. funds, $61,367,000 from Federal funds and Office of the Chief Medical Examiner.—The $17,279,000 from other funds as proposed by basis, be used to implement section 102 and other related sections of D.C. Law 13–281. The conference agreement includes $585,000 for the Senate. the Chief Medical Examiner to help reduce Office of the Mayor.—The conference agree- conference agreement deletes the proviso backlogs of autopsies and case reports and to ment includes an increase of $200,000 in Fed- concerning personnel matters and the filling purchase toxicology and histology equip- eral funds appropriated earlier under Federal of certain positions in the Department. Downtown Business Improvement Districts ment as proposed by the House. Payments for Family Court Act for a com- The conference agreement retains the pro- puter integration plan for Child and Family (BID).—The conferees have reviewed concerns expressed by businesses and business viso enacting into law section 3703 of title Social Services as proposed by the Senate. XXXVII of the Fiscal Year 2002 Budget Sup- Recycled crumb rubber.—The conferees en- organizations in the District, as well as criti- port Act of 2001 as proposed by the House and courage the District government to use recy- cism expressed in the local press, concerning transfers the proviso relating to the District cled crumb rubber from tires in environ- the Downtown BID’s commitment to expand of Columbia Income and Franchise Tax Act mentally responsible applications such as its mission into areas of regulation, plan- of 1947 to section 103 of the general provi- roads, playgrounds, bicycle paths, and park- ning, marketing, advocacy and economic de- sions. ing lots. Last year in the United States velopment by way of the creation of affili- alone 270 million tires were ‘‘retired’’. While ated entities, and its advocacy for legislative PUBLIC EDUCATION SYSTEM it has been reported that 70 percent of the authority to expand its functions to include Appropriates $1,108,665,000 including tires were beneficially utilized, some 30 per- public space management and regulation. $896,994,000 from local funds instead of cent went into landfills. Tires in landfills The Downtown BID and other BIDs in the $1,106,165,000 including $185,044,000 from Fed- create problems that should be minimized or District generate funding for operations and eral funds as proposed by the House and eliminated. New technology has now allowed administration under the authority granted $1,108,915,000 including $187,794,000 from Fed- tires to be recycled more economically, pro- to it by legislation enacted by the Council of eral funds as proposed by the Senate. The ducing metals that are recycled and tire the District of Columbia and approved by conference agreement allocates $400,000 for crumb that can be used in numerous applica- Congress. Justification for delegating the au- Enhancing and Actualizing Internationalism tions that provide added benefits. Rubberized thority to impose taxes, fees or liens on all and Multiculturalism in the Academic Pro- asphalt in road applications has been re- commercial owners and tenants within the grams of the University of the District of Co- ported to last longer and provide lower noise BID’s boundaries arose out of the need to en- lumbia and not less than $200,000 for Adult levels. Mats made from recycled rubber have hance the District’s ability to maintain Education. The conference action allocates been known to provide a safer environment cleanliness and public safety within those $1,277,500 for the Excel Institute Adult Edu- for children in playgrounds. These and other boundaries. In fact, language exempting cation Program and requires that quarterly applications allow for environmentally re- BIDs from taxes levied by the District of Co- payments be made by the District’s Chief Fi- sponsible uses and minimize the number of lumbia was initially placed in the fiscal year nancial Officer. The conference action allo- tires that may be discarded. 1999 District of Columbia Appropriations Act cates funds for various programs as proposed Office of the City Administrator.—The con- based on assurances that the BIDs’ role by the Senate and retains the proviso that ference agreement includes an increase of would be limited to augmenting the services excludes the evaluation process for District $300,000 in Federal funds appropriated earlier that the District government was providing of Columbia Public School employees as a in this Act for the Criminal Justice Coordi- in the areas of public safety, trash collec- negotiable item for collective bargaining nating Council of the District of Columbia as tion, street cleaning and ‘‘ambassadorial’’ purposes. The conference agreement deletes proposed by the House. The conferees en- assistance. The proposal was for the busi- the proviso that would have changed the fis- courage District officials to reprogram or nesses in the area to ‘‘tax themselves’’ and cal year for the District of Columbia Public transfer funds to augment this program in use those funds to provide a higher level of Schools, District of Columbia Public Charter the event additional funds are required. basic services in their area. On that basis, it Schools and the University of the District of Office of the Chief Technology Officer.—The seemed fair to allow the tax exemption. How- Columbia. The conference agreement extends conference agreement includes an increase of ever, the intent was not to provide a tax ex- the availability of $1,000,000 in local funds $400,000 in Federal funds appropriated earlier emption for economic development or activi- appropriated in Public Law 107–20 for the in this Act to manage a wireless pilot project ties other than those that would enhance the State Education Office for a census-type to connect local and Federal law enforce- appearance and livability in the BID area. audit of the student enrollment of each Dis- ment agencies in the region as proposed by The House Committee took the initiative trict of Columbia Public School and each the Senate instead of $500,000 as proposed by to investigate and respond to the concerns public charter school. The funds are to re- the House. expressed by the business community to the main available until expended. Office of the Corporation Counsel.—The con- expansion of the BID’s mission as well as the Public Schools.—Allocates $813,042,000 in- ference agreement includes $386,000 for ac- various proposals for funding the operation cluding $661,124,000 from local funds and

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.064 pfrm01 PsN: H05PT1 H8928 CONGRESSIONAL RECORD — HOUSE December 5, 2001 $144,630,000 from Federal funds for public revocation and to protect public funds. The businesses. The loans will be made by local schools instead of $810,542,000 including conferees do not encourage regulation or di- banks for a period up to 10 years and will be $144,630,000 from Federal funds as proposed rectives of the kind practiced by school sys- guaranteed by the District government. The by the House and $813,292,000 from local funds tem administrations, but do believe that the conferees encourage the District’s Chief Fi- and $147,380,000 from Federal funds as pro- kind of accountability required of public nancial Officer to consult with the Office of posed by the Senate. The increase above the schools in the Elementary and Secondary Management and Budget in developing legis- House allowance includes $250,000 for the Education Act of 1965 (20 U.S.C. 6301) must be lation for consideration by the Mayor and Failure Free Reading literacy program for asked of the District’s public charter schools Council consistent with the purposes of the non-readers and special education students, also. Federal Credit Reform Act. Such legislation $250,000 for Lightspan, Inc. to implement the HUMAN SUPPORT SERVICES would require the District to accurately esti- eduTec.com program, and $2,000,000 for the mate and budget for the potential liability (INCLUDING TRANSFER OF FUNDS) Voyager Expanded Learning Literacy Pro- from existing District of Columbia loan and gram in kindergarten and first grade. The The conference action makes conforming loan guarantee programs and the potential $2,000,000 for the Voyager Program consists technical changes as to the amount available liability from legislation proposed to estab- of Federal funds appropriated earlier in this for the Health Care Safety Net Administra- lish such programs. tion and deletes the proviso that would have Act and will allow the program to be imple- EMERGENCY PLANNING AND SECURITY COSTS mented in kindergarten and first grade class- prohibited the District from providing free rooms throughout the District’s public government services such as water, sewer, Appropriates $16,058,000 in Federal funds school system. The program is a comprehen- solid waste disposal or collection, utilities, appropriated earlier in this Act for emer- sive literacy system that guarantees that all maintenance, repairs, or similar services to gency planning and security costs in the Dis- children entering the system in kindergarten any legally constituted private nonprofit or- trict of Columbia. The language agreed to by will be reading at grade level or above by the ganization, if the District would not be the conferees makes $12,652,000 of this third grade. The program includes a 5 day qualified to receive reimbursement pursuant amount available immediately to the Dis- reading certification for teachers, a student to the Stewart B. McKinney Homeless As- trict of Columbia Emergency Management assessment system, and electronic data man- sistance Act. Agency for planning, training and personnel agement system, an in-school reading pro- The conference agreement inserts a proviso costs required for development and imple- gram, after school and summer school inter- earmarking $7,500,000 to remain available mentation of the emergency operations plan ventions, and a home study program for par- until expended for the Addiction Recovery for the District of Columbia. ents. Fund to be used solely for the purpose of the EMERGENCY RESERVE FUND TRANSFER Drug Treatment Choice Program. PUBLIC CHARTER SCHOOLS The conference action makes conforming PUBLIC WORKS ENSURING INDEPENDENCE WITH technical changes and requires that not less ACCOUNTABILITY The conference agreement inserts provisos than $33,254,000 will be deposited into the Public charter schools are innovations in earmarking funds for various programs as Emergency and Contingency Reserve Funds. public education designed to provide public proposed by the Senate. ENTERPRISE AND OTHER FUNDS RECEIVERSHIP PROGRAMS education programs free from traditional WATER AND SEWER AUTHORITY public school bureaucracy. The conferees are Appropriates $403,868,000 including The conference agreement inserts an ad- proud to have played a partial role in their $250,515,000 from local funds, $134,339,000 from ministrative provision that clarifies respon- establishment in the District of Columbia. Federal funds instead of $403,368,000 includ- sibilities concerning the water and sewer After four years, the District continues to ing $134,339,000 from Federal funds as pro- system and the Federally owned water main offer one of the most vibrant and diverse posed by the House and $403,868,000 including system as well as the installation of and ac- charter school programs in the United $134,839,000 from Federal funds as proposed cess to meters. States, enrolling more than 11% of the Dis- by the Senate. The conference agreement in- trict’s public school students. cludes an increase of $500,000 in Federal SPORTS AND ENTERTAINMENT COMMISSION The conferees believe strongly that public funds appropriated earlier in this Act for the The conference agreement retains lan- charter schools must remain free of bureau- Family Court to hire additional staff to en- guage concerning the transfer of funds and cratic regulation. However, the conferees are hance coordination with the Family Court of changes the date for a payment from the also disturbed by press reports of fiscal irreg- the Superior Court of the District of Colum- Commission to the general fund from Sep- ularities and questionable management, re- bia as required by the Family Court Act. tember 20, 2001 as proposed by the House to porting, discipline and academic practice at RESERVE September 30, 2001. The increase of $500,000 is a few charter schools. Three schools were for the creation of the Kenilworth Regional closed by their chartering authority for such The conference agreement provides a reserve of $120,000,000 as proposed by the Sen- Sports Complex. The funds are to be used by reasons in the summer of 2001. Moreover, a the Commission in coordination with the number of schools will soon undergo the ate instead of $150,000,000 as proposed by the House and deletes the proviso concerning the U.S. Soccer Foundation to cover environ- mandatory five-year review, to determine mental and infrastructure costs at Ken- whether there is reason to revoke their char- obligation of the reserve funds as proposed by the Senate. ilworth Park in connection with the creation ters. Obviously, charter school closings dis- of the Kenilworth Regional Sports Complex. rupt the instruction of their students. At the RESERVE RELIEF D.C. RETIREMENT BOARD same time, chartering authorities cannot re- The conference agreement inserts a new sponsibly leave children in schools that are heading and language that allows the Dis- The conference agreement retains the pro- demonstrably failing or accept continued trict to spend $30,000,000 of the Reserve under viso requiring the Retirement Board to pro- public funding of schools whose academic or certain conditions as proposed by the Sen- vide the Congress and the Council of the Dis- financial performance is irresponsible. ate. trict of Columbia a quarterly report of the allocations of charges by fund and of expend- In authorizing the establishment of public CONTINGENCY RESERVE FUND charter schools in the District of Columbia, itures of all funds. The conference agreement deletes this Congress has chosen to encourage respon- CAPITAL OUTLAY sible educational creativity by a system that heading and language as proposed by the Senate. The conference agreement includes lan- grants freedom from regulation in exchange guage proposed by the Senate concerning the EMERGENCY AND CONTINGENCY RESERVE FUND for accountability. Accountability, however, requirement for a plan for the development requires the full disclosure of information The conference agreement inserts a new of census tract 68.04 south of East Capitol about school performance and finances, and heading and language to allow deposits into Street, S.E., and the housing of any active oversight by chartering authorities. the Contingency Reserve Fund beginning in misdemeanants, felons, ex-offenders, or per- While the chartering authorities must not fiscal year 2002 if certain conditions are met. sons awaiting trial within the District of Co- tell charter schools how to achieve results or REPAYMENT OF LOANS AND INTEREST lumbia as proposed by the Senate. The con- require the submission of unnecessary data, The conference agreement transfers the ference agreement includes language that they are obligated to remain informed of proviso for the Emergency Assistance Loan none of the conditions set forth in this para- school performance and to take action when Guaranty Program to a separate heading. graph shall interfere with the current oper- a school fails to live up to the promises made ations of any Federal agency. in its charter application, fails to provide le- EMERGENCY ASSISTANCE LOAN GUARANTEES gally mandated information, or fails to con- The conference agreement inserts a new SUMMARY TABLE OF CONFERENCE form to acceptable financial practice. heading and transfers language from Repay- RECOMMENDATIONS BY AGENCY The conferees therefore encourage the ment of Loans and Interest that provides in- A summary table showing the Federal ap- chartering authorities to act quickly when definite appropriations of local funds to propriations by account and the allocation of they become aware of problems at a public make payments related to the District of Co- District funds by agency or office under each charter school that could potentially lead to lumbia Emergency Assistance Act of 2001 appropriation heading for fiscal year 2001, revocation of its charter, to notify and offer that was enacted by the District government the fiscal year 2002 request, the House and support to the school in order to prevent the in response to the impact that the terrorist Senate recommendations, and the conference disruption to children’s education of charter attack of September 11, 2001 had on local allowance follows:

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VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.069 pfrm01 PsN: H05PT1 Insert offset folio 827/136 here EH05DE01.014 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8943

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.069 pfrm01 PsN: H05PT1 Insert offset folio 827/137 here EH05DE01.015 A H8944 CONGRESSIONAL RECORD — HOUSE December 5, 2001 FISCAL YEAR 2002 FINANCIAL PLAN reprogramming procedures to provide au- document shall include a description of the [In thousands of dollars] thority to transfer four percent of local types of activities covered in the category funds between appropriation headings. and a detailed breakdown as proposed by the The conference agreement retains section Senate. Local funds Grants and Gross funds other revenue 112(b) (new section 111(b)) of the House bill The conference agreement deletes section on Certification of Need by the Chief Tech- 129 of the House bill authorizing the Mayor Revenue: Local Sources: nology Officer, deletes section (c) which pro- to allocate the District’s limitation amount Property vided no limit on full-time equivalent posi- of qualified zone academy bonds. Taxes ...... 746,031 0 746,031 tions for the Office of the Chief Technology The conference agreement inserts section Sales Taxes 738,507 0 738,507 Income Officer, and retains section 112(d) (new sec- 131 (new section 129) as proposed by the Sen- Taxes ...... 1,361,077 0 1,361,077 tion 111(b)) amending the District of Colum- ate that relates to prompt payment of ap- Gross Re- bia Home Rule Act as it relates to the Chief pointed counsel. ceipts ..... 244,480 0 244,480 Other Taxes 153,460 0 153,460 Financial Officer’s salary. The conference agreement retains section Licenses, The conference agreement inserts section 132 (new section 130) of the House bill by ap- Permits ... 43,336 0 43,336 111 (new section 112) of the Senate bill re- propriating a $100,000 Federal contribution to Fines, For- feitures ... 60,040 0 60,040 quiring the Mayor to submit to the Council the Metropolitan Police Department on the Service the new fiscal year 2002 revenue estimates by condition that the District government en- Charges .. 49,928 0 49,928 the end of the first quarter of fiscal year acts into law a ban on the possession of to- Miscella- neous ..... 72,030 194,510 266,540 2002. bacco products by minors as specified in this The conference agreement retains section section. The funds are to be used by the De- Subtotal, 112 (new section 113) of the House bill as partment to enforce the ban. local reve- amended by the Senate to include whether to The conference agreement retains section nues ... 3,468,889 194,510 3,663,339 invoke the competitive bidding process ‘‘and 132 (new section 131) of the Senate bill which said determination has been reviewed and requires the Mayor of the District of Colum- Federal sources: certified by the Chief Financial Officer of the bia to submit to the Senate and House Com- Federal payments ..... 38,143 0 38,143 District of Columbia’’. mittees on Appropriations, the Senate Gov- Grants ...... 0 1,543,041 1,543,041 The conference agreement inserted section ernmental Affairs Committee, and the House 113 (new section 114(b)) of the Senate bill and Government Reform Committee quarterly Subtotal, Federal combines with section 114 (new section reports addressing the following issues: (1) sources 38,143 1,543,041 1,581,184 114(a)) of the House bill regarding the Bal- crime, (2) access to drug abuse treatment, (3) anced Budget and Emergency Deficit Control management of parolees and pre-trial violent Other financing Act of 1985. offenders, (4) education, (5) improvement in sources: Lottery transfer ...... 70,000 0 70,000 The conference agreement amends section basic District services, (6) application for 118 of the House bill as amended by the Sen- and management of Federal grants, and (7) Total, general ate to delete extraneous language. indicators of child well-being. fund reve- The conference agreement amends section The conference agreement retains section nues ...... 3,577,032 1,737,551 5,314,583 120(c) of the House bill to allow the Chief Fi- 133 (new section 132) of the House bill that Expenditures: nancial Officer of the District of Columbia allows the District of Columbia Corporation Governmental Di- and the Metropolitan Police Department to Counsel to review and comment on briefs in rection and enter into agreements in excess of $2,500 for Support ...... 229,421 56,717 286,138 private lawsuits and consult with officials of Economic Devel- the procurement of goods or services. the District government regarding such law- opment and The conference agreement retains section suits. Regulation ...... 60,786 170,092 230,878 122 and combines with section 137 of the The conference agreement retains section Public Safety and Justice ...... 594,803 39,050 633,853 House bill. These sections relate to compli- 133 as proposed by the Senate amending the Public Education ance with the Buy American Act. District of Columbia Financial Responsi- System ...... 896,994 211,671 1,108,665 The conference agreement amends section bility and Management Assistance Act con- Human Support Services ...... 711,072 1,092,851 1,803,923 123 of the House bill to require the annual cerning reserve fund requirements. Public Works ...... 286,334 13,817 300,151 audit be coordinated with the Chief Finan- The conference agreement deletes section Receiverships ...... 250,515 153,353 403,868 cial Officer. 134 as proposed by the House that amended Financing and Other ...... 361,314 0 361,314 The conference agreement retains section the National Capital Revitalization and Self- Reserve ...... 120,000 0 120,000 124 of the House bill to prohibit funds in this Government Improvement Act of 1997. Reserve Relief ..... 30,000 0 30,000 Act from being used by the District of Co- The conference agreement retains section Emergency Re- serve Fund ...... 33,254 0 33,254 lumbia Corporation Counsel or any other of- 134 as proposed by the Senate that prohibits ficer or entity of the District government to funds appropriated by this Act for an Inte- Total, general provide assistance for any petition drive or grated Product Team until reorganization fund expenditures .. 3,574,493 1,737,551 5,312,044 civil action which seeks to require Congress plans for the Integrated Product Team and a to provide for voting representation in Con- Capital Construction Services Administra- Surplus/Deficit ...... 2,539 0 2,539 gress for the District of Columbia. tion have been approved, or deemed approved The conference agreement retains section by the Council. GENERAL PROVISIONS 125 of the House bill, which prohibits any The conference agreement retains section The conference agreement changes several funds contained in this Act to be used for 135 as proposed by the House which requires section numbers for sequential purposes and any program of distributing sterile needles, the Chief Financial Officer to submit to the makes technical revisions in certain cita- or syringes for the hypodermic injection of appropriate committees of Congress, the tions. Unless noted otherwise, the conference any illegal drug. Mayor, and the Council a revised appro- action refers to H.R. 2944 as passed the The conference agreement retains section priated fund operating budget in the format House. 126 of the House bill which requires the chief of the budget that the District of Columbia The conference agreement inserts the financial officer of any office of the District government submitted pursuant to section words ‘‘legal settlements or’’ to section 103 of Columbia government (including any inde- 442 of the District of Columbia Home Rule of the House bill as proposed by the Senate pendent agency of the District) to file a cer- Act. concerning making payment of judgments tification with the Mayor and the Chief Fi- The conference agreement deletes section that have been entered against the District nancial Officer that they understand the du- 135 as proposed by the Senate which appro- of Columbia government. ties and restrictions applicable to the officer priated for the use of the Office of the Cor- The conference agreement retains section and the officer’s agency as a result of this poration Counsel of the District of Columbia 106 of the House bill but amended to delete Act (and the amendments made by this Act). all funds deposited in the District of Colum- the words ‘‘past work experience, and salary The conference agreement deletes section bia Antitrust Fund, Antifraud Fund, and Dis- history’’. 126 of the Senate bill which requires the trict of Columbia Consumer Protection Fund The conference agreement deletes section Chief Financial Officer to submit a revised and transferred those provisions to the Gov- 107 of the House bill appropriating from the appropriated funds operating budget within ernmental Direction and Support appropria- applicable funds of the District of Columbia 30 calendar days after the date of the enact- tion title. such sums as may be necessary for making ment of this Act. This is section 135 of the The conference agreement retains section payments authorized by the District of Co- House bill. 136 as proposed by the House that amends lumbia Revenue Recovery Act. The conference agreement deletes section the Home Rule Act to increase the salary of The conference agreement modifies section 127 of the House bill requiring that in sub- the Council Chairman to $10,000 less than the 108 (new section 107) of the Senate bill to mitting any documents showing the budget annual compensation of the Mayor. allow local funds to be used for certain lob- for an office of the District of Columbia gov- The conference agreement retains section bying activities. ernment that contains a category of activi- 136 (new section 137) as proposed by the Sen- The conference agreement amends section ties labeled as ‘‘other’’, ‘‘miscellaneous’’, or ate on risk management for settlements and 110 (new section 109) of the House relating to a similar general, nondescriptive term, the judgments.

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.070 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8945 The conference agreement deletes section [In thousands of dollars] nately, John Fitzgerald Jackson. They 137 as proposed by the House stating that no Federal Funds: said that those two people were the funds appropriated in this Act may be made New budget (obligational) au- same people, so John Fitzgerald Jack- available to pay any person or entity that thority, fiscal year 2001 ...... $464,125 son in Florida was denied the right to violates the Buy American Act and combines Budget estimates of new it with section 122 of the House bill. (obligational) authority, fis- vote because a list from Texas that had The conference agreement retains section cal year 2002 ...... 358,607 the name of Johnny Jackson, Jr., on it, 137 (new section 138) as proposed by the Sen- House bill, fiscal year 2002 ...... 398,058 said that Johnny Jackson, Jr., was not ate which waives the period of Congressional Senate bill, fiscal year 2002 ...... 408,000 eligible to vote. review for the Closing of Portions of 2nd and Conference agreement, fiscal I have got on this list, for example, N Streets, N.E. and Alley System in Square year 2002 ...... 408,000 Thomas Alvin Cooper, who is a white 710, Act. Conference agreement com- male from Ohio. Thomas Cooper is a The conference agreement retains section pared with: pretty common name. There is more 138 (new section 139) as proposed by the New budget (obligational) au- House that prohibits funds contained in this thority, fiscal year 2001 ...... ¥56,125 than one Thomas Cooper, I am sure, in Act from being used to issue, administer, or Budget estimates of new all of the people in Florida. But Thom- enforce any order by the District of Colum- (obligational) authority, as Cooper was denied the right to vote bia Commission on Human Rights relating to fiscal year 2002 ...... +49,393 in Florida, and Thomas Cooper in Flor- docket numbers 93–030–(PA) and 93–031–(PA). House bill, fiscal year 2002 ..... +9,942 ida, who was denied the right to vote, The conference agreement deletes Section Senate bill, fiscal year 2002 .... —— was a black man. 138(a) which placed a limitation on the District of Columbia Funds: .. I have got here Michael Rodriguez amount of fees attorneys may receive when New budget (obligational) au- from New Jersey, and I am sure Mi- representing a party who prevails in an ac- thority, fiscal year 2001 ...... 6,774,159 tion or the fees of any attorney who defends Budget estimates of new chael Rodriguez is a common name. any action, including an administrative pro- (obligational) authority, fis- But in Florida, Michael Rodriguez was ceeding, brought against the District of Co- cal year 2002 ...... 7,144,312 denied the right to vote. In New Jersey lumbia Public Schools under the Individuals House bill, fiscal year 2002 ...... 7,146,437 it was Michael A. Rodriguez. with Disabilities Education Act and Section Senate bill, fiscal year 2002 ...... 7,154,201 What this list shows is that there 138(b) which allowed the Mayor and the Su- Conference agreement, fiscal were about 2,800 people who were not perintendent of the District of Columbia year 2002 ...... 7,150,716 allowed the right to vote because the Public Schools to concur in a Memorandum Conference agreement com- State of Florida said that they were pared with: of Understanding setting forth a new rate convicted felons in other states, and, and amount of compensation, or a new limit. New budget (obligational) au- The conference agreement retains section thority, fiscal year 2001 ...... +376,557 therefore, they could not vote in Flor- 138(c) (new section 140) concerning attorney Budget estimates of new ida. fee awards made in cases under the Individ- (obligational) authority, Mr. Speaker, 57,700 people, innocent uals with Disabilities Education Act. The fiscal year 2002 ...... +6,404 people, I might add, were targeted for conference agreement inserts a new sub- House bill, fiscal year 2002 ..... +4,279 removal. Ninety percent of the people section 140(b) which requires no later than 60 Senate bill, fiscal year 2002 .... ¥3,485 on the list that was purged so that days after the date of enactment of this Act JOE KNOLLENBERG, these people could not vote in Florida, the Superintendent of Schools of the District ERNEST ISTOOK, 90 percent of the names were wrong. At of Columbia shall submit to the Committees JOHN T. DOOLITTLE, on Appropriations of the House of Represent- least 54 percent were black. 80 percent JOHN E. SWEENEY, atives and the Senate a written report for of those who finally were purged were DAVID VITTER, each of the fiscal years 1999, 2000, and 2001, black, and 93 percent of the people who BILL YOUNG, detailing a complete itemized list, by year, were targeted to be purged vote Demo- CHAKA FATTAH, of the judgments for attorneys’ fees awarded ALAN B. MOLLOHAN, cratic. to plaintiffs who prevailed in cases brought Managers on the Part of the House. Ms. BROWN of Florida. If the gentle- against the District of Columbia or the Dis- woman would yield for one minute, let trict of Columbia Public Schools under sec- MARY L. LANDRIEU, me give you the rest of the story. Flor- tion 6154(i)(3) of the Individuals with Disabil- JACK REED, ida used $4 million of taxpayer money ities Education Act (20 U.S.C. 1415(i)(3)). DANIEL K. INOUYE, The conference agreement deletes section MIKE DEWINE, that they gave to a firm, it was not bid 139 as proposed by the Senate that makes TED STEVENS, out, to a firm from Texas. Katherine certain exceptions to the limitation in the Managers on the Part of the Senate. Harris’ office did that to the people of previous section on the amount of fees attor- f Florida, and they came up and purged neys can receive when representing a party people. There was no procedure, none ELECTION IRREGULARITIES who prevails in an action or any attorney whatsoever. who defends any action, including an admin- The SPEAKER pro tempore (Mr. In fact, when I went to the poll on istrative proceeding, brought against the GUTKNECHT). Under a previous order of District of Columbia Public Schools under election day, I went downtown and the Individuals with Disabilities Education the House, the gentlewoman from there was some young black guys there Act. Georgia (Ms. MCKINNEY) is recognized saying they are not letting them vote The conference agreement deletes section for 5 minutes. because they said they were felons, and 140 of the Senate bill concerning mandatory Ms. McKINNEY. Mr. Speaker, I men- they had never been arrested. advanced electronic information for air tioned awhile ago a fact of what hap- Ms. MCKINNEY. It was a procedure, cargo and passengers entering the United pened in the elections in Florida, which all right, but the procedure was that if States. I would like to take an opportunity to you were black, then you had your The conference agreement inserts a new revisit, and I am glad that the gentle- section 141 as proposed by the Senate that name on this list and you were denied requires the General Accounting Office to woman from Florida (Ms. BROWN) has the right to vote. submit by March 31, 2002 a report detailing agreed to stay here so that she can re- Ms. BROWN of Florida. There is no the awards in judgment rendered in the Dis- spond to this information. question. But I am going back to how trict of Columbia that were in excess of the An enterprising journalist by the it came about. There was a bid, a non- cap imposed by prior appropriations acts on name of Gregory Palast who operates solicited bid, where a contract was attorney fees for work performed or pre- out of London and works with BBC-TV given to a firm, and all this is in the viously performed in actions brought against has provided some very interesting in- record, and the firm told the State of the District of Columbia Public Schools formation to me. I have got a list here, Florida that this system that you are under the Individuals with Disabilities Edu- cation Act. and the list is about those people who using will identify people that are not were put on the voter file that said convicted felons. The State of Florida CONFERENCE TOTAL—WITH COMPARISONS that they could not vote because they says, oh, that is okay. That is okay. The total new budget (obligation) author- were convicted felons. I have got the Ms. MCKINNEY. That is exactly what ity for the fiscal year 2002 recommended by the Committee of Conference, with compari- list here. happened. The name of the firm was sons to the fiscal year 2001 amount, the 2002 For instance, number 354 on the list Database Technologies, which was budget estimates, and the House and Senate is Johnny Jackson, Jr., who is a black later absorbed by ChoicePoint, which bills for 2002 follows: male from Texas, and then, unfortu- has its headquarters right outside of

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A05DE7.071 pfrm01 PsN: H05PT1 H8946 CONGRESSIONAL RECORD — HOUSE December 5, 2001 Atlanta. The gentlewoman is abso- letter that Jimmy Carter, former b 2302 lutely right, that they told Katherine President Carter and former President Harris, for whom a Congressional Dis- Ford said was give the American people AFTER RECESS trict I understand is being specially a Christmas President. Give them elec- The recess having expired, the House carved, that the information we are tion reform. What happened in Florida was called to order by the Speaker pro going to give you, according to your in that election, a black eye is not tempore (Mr. LINDER) at 11 o’clock and specifications, is wrong. We want you what it was. 2 minutes p.m. to know that the information that we f are going to give you, the information b 2100 that you have requested, is wrong. Do It goes against who we are as Ameri- REPORT ON RESOLUTION PRO- you want us to give you wrong infor- VIDING FOR CONSIDERATION OF mation? And Katherine Harris and cans. It is bigger than that. Because if someone cannot win the election with- MOTIONS TO SUSPEND THE company, said yes, we want the wrong RULES information. out stealing it, they do not deserve the office that they are running for. Mrs. MYRICK, from the Committee f One of the things I can say that hap- on Rules, submitted a privileged report VOTER IRREGULARITIES IN pened in the last election in Virginia, (Report No. 107–322) on the resolution FLORIDA there was close to 1,000 attorneys in all (H. Res. 305) providing for consider- The SPEAKER pro tempore. Under a of the precincts. People are committed ation of motions to suspend the rules, previous order of the House, the gentle- to making sure that what happened in which was referred to the House Cal- woman from Florida (Ms. BROWN) is Florida never, ever happens again in endar and ordered to be printed. recognized for 5 minutes. another election. We have had other f Ms. BROWN of Florida. Mr. Speaker, elections in Florida where still, we I want the gentlewoman from Georgia have, from the governor’s office, high- REPORT ON RESOLUTION PRO- (Ms. MCKINNEY) to know that this is a way patrols park in front of the pre- VIDING FOR CONSIDERATION OF very touchy situation for me, because cinct all day. H.R. 3005, BIPARTISAN TRADE so much happened in Florida. In fact, Ms. MCKINNEY. But, Mr. Speaker, PROMOTION AUTHORITY ACT OF former President Jimmy Carter said the question I have is, in the State of 2001 that if Florida had been any other Florida, the Governor, Jeb Bush down Mrs. MYRICK, from the Committee country, it would not have been cer- there has declared a state of emer- on Rules, submitted a privileged report tified, because when you had Repub- gency. I wonder how long that state of (Rept. No. 107–323) on the resolution (H. lican operatives going into the super- emergency is going to last and if it is Res. 306) providing for consideration of visor of elections filling out forms and going to allow this kind of thing to the bill (H.R. 3005) to extend trade au- sending them out, it was totally ille- happen again and the kinds of things thorities procedures with respect to re- gal. But that happened in Florida. that happened with the State patrol ciprocal trade agreements, which was Some of the things that happened in parked outside polling precincts and Florida you would not believe. It is referred to the House Calendar and or- that kind of thing, if that is going to dered to be printed. just so hard for me to talk about. In happen again as a result of this state of my county alone, 27,000 of my people, emergency. f voters, were thrown out; thrown out. Ms. BROWN of Florida. Mr. Speaker, Let me tell you, 16,000 said it was over- REPORT ON RESOLUTION WAIVING the point of the matter is that the gen- votes. We never saw them. But 10,000, POINTS OF ORDER AGAINST CON- tlewoman talked about what happened let me tell you, the machines were old, FERENCE REPORT ON H.R. 2944, with the voters, but keep in mind that there were undervotes, and the ma- DISTRICT OF COLUMBIA APPRO- the system broke down before then, be- chines kicked them out. So, to date, PRIATIONS, 2002 cause we had Motor Voter where people they have never been counted. went to the driver’s license place, they Mrs. MYRICK, from the Committee Ms. MCKINNEY. If the gentlewoman on Rules, submitted a privileged report will yield, there was serious disenfran- received their driver’s license, and they signed up to register to vote and to (Rept. No. 107–324) on the resolution (H. chisement that took place. It was sys- Res. 307) waiving points of order tematic, it was purposeful. It was sto- this day, they have not received their cards. So we had thousands of people against the conference report to ac- len, because we are talking about 2,800 company the bill (H.R. 2944) making people who Florida took the right to that was registered to vote that never got the opportunity because that office appropriations for the government of vote away from just because they came the District of Columbia and other ac- from other states. But let me just add did not turn it into the Supervisor of Election’s office. tivities chargeable in whole or in part that they lied to the Department of against the revenues of said District Ms. MCKINNEY. Mr. Speaker, we had Justice, because they told the Depart- for the fiscal year ending September 30, similar problems in Georgia in my dis- ment of Justice that our little election 2002, and for other purposes, which was trict as well. This is a sad day when we thing here that we are trying to do, referred to the House Calendar and or- can provide for the people, for the this little thing here is race-neutral, is dered to be printed. not going to have an effect. And what Record, a piece of information like this did it do? It had an effect. It took away that shows that people were designed f the right to vote for African Americans to take away their right to vote just so LEAVE OF ABSENCE and other minorities. that they could have a predetermined I know the gentlewoman lived it and outcome. By unanimous consent, leave of ab- breathed it every day, but I am here to Ms. BROWN of Florida. God bless sence was granted to: tell you that Florida was not the only America. Mr. DEFAZIO (at the request of Mr. place that it happened. We now know GEPHARDT) for today on account of per- that it happened in too many places all f sonal business. over America, including Georgia. Mr. FORD (at the request of Mr. GEP- But I am going to give the gentle- RECESS HARDT) for November 27 and the bal- woman the last word, because in Flor- ance of that week on account of a ida, Florida certified the national elec- The SPEAKER pro tempore (Mr. death in the family. tion, and we have some serious ques- GUTKNECHT). Pursuant to clause 12 of Mr. HOSTETLER (at the request of Mr. tions about the validity of the Florida rule I, the Chair declares the House in ARMEY) for today until further notice election and the Florida outcome. recess subject to the call of the Chair. on account of family medical reasons. Ms. BROWN of Florida. The one Accordingly (at 9 o’clock and 2 min- Mr. NEY (at the request of Mr. thing that I want to say on that, and it utes p.m.), the House stood in recess ARMEY) for today on account of family goes back to what I said earlier, the subject to the call of the Chair. illness.

VerDate 05-DEC-2001 03:53 Dec 06, 2001 Jkt 099060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K05DE7.170 pfrm01 PsN: H05PT1 December 5, 2001 CONGRESSIONAL RECORD — HOUSE H8947 SPECIAL ORDERS GRANTED 4724. A letter from the Assistant General Protection Agency, transmitting the Agen- Counsel for Regulatory Law, Department of cy’s final rule—National Emission Standards By unanimous consent, permission to Energy, transmitting the Department’s final for Hazardous Air Pollutants for Pesticide address the House, following the legis- rule—Office of Security and Emergency Op- Active Ingredient Production [FRL–7106–6] lative program and any special orders erations; Security Requirements for Pro- received November 21, 2001, pursuant to 5 heretofore entered, was granted to: tected Disclosures Under Section 3164 of the U.S.C. 801(a)(1)(A); to the Committee on En- (The following Members (at the re- National Defense Authorization Act for Fis- ergy and Commerce. quest of Mr. PALLONE) to revise and ex- cal Year 2000 [Docket No. SO–RM–00–3164] 4734. A letter from the Principal Deputy tend their remarks and include extra- (RIN: 1992–AA26) received November 20, 2001, Associate Administrator, Environmental neous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Protection Agency, transmitting the Agen- mittee on Armed Services. cy’s final rule—National Emission Standards Mr. BONIOR, for 5 minutes, today. 4725. A letter from the Assistant General for Hazardous Air Pollutants for Pesticide Mr. LYNCH, for 5 minutes, today. Counsel for Regulatory Law, Department of Active Ingredient Production [FRL–7106–1] Ms. WOOLSEY, for 5 minutes, today. Energy, transmitting the Department’s final received November 21, 2001, pursuant to 5 Ms. MILLENDER-MCDONALD, for 5 min- rule—Management of Report Deliverables— U.S.C. 801(a)(1)(A); to the Committee on En- utes, today. received November 20, 2001, pursuant to 5 ergy and Commerce. Mr. PALLONE, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on En- 4735. A letter from the Acting Assistant Mr. LANGEVIN, for 5 minutes, today. ergy and Commerce. Secretary, Bureau of Land Management, De- 4726. A letter from the Assistant General Mr. INSLEE, for 5 minutes, today. partment of the Interior, transmitting the Counsel for Regulatory Law, Department of Department’s final rule—Mineral Materials Mr. CONYERS, for 5 minutes, today. Energy, transmitting the Department’s final Disposal; Sales; Free Use [WO–320–1430–PB–24 Ms. BALDWIN, for 5 minutes, today. rule—Energy Conservation Program for Con- 1A] (RIN: 1004–AD29) received November 20, Mr. MCGOVERN, for 5 minutes, today. sumer Products: Amendment to the Defini- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. MASCARA, for 5 minutes, today. tion of ‘‘Electric Refrigerator’’ [Docket No. Committee on Resources. EE–RM–93–801] (RIN: 1904–AB03) received No- Mr. DAVIS of Illinois, for 5 minutes, f today. vember 20, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Mr. FILNER, for 5 minutes, today. REPORTS OF COMMITTEES ON Commerce. PUBLIC BILLS AND RESOLUTIONS Mr. STRICKLAND, for 5 minutes, 4727. A letter from the Assistant General today. Counsel for Regulatory Law, Department of Under Clause 2 of rule XIII, reports of Ms. JACKSON-LEE of Texas, for 5 min- Energy, transmitting the Department’s final committees were delivered to the Clerk utes, today. rule—Energy Efficiency Program for Certain for printing and reference to the proper Mr. RODRIGUEZ, for 5 minutes, today. Commercial and Industrial Equipment: Ex- calendar, as follows: Mr. LEWIS of Georgia, for 5 minutes, tension of Time for Electric Motor Manufac- Mr. HANSEN: Committee on Resources. today. turers To Certify Compliance With Energy H.R. 1576. A bill to designate the James Peak Efficiency Standards [Docket No. EE–RM–96– Mr. BACA, for 5 minutes, today. Wilderness and Protection Area in the Arap- 400] (RIN: 1904–AB11) received November 20, aho and Roosevelt National Forests in the Mr. OWENS, for 5 minutes, today. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mrs. NAPOLITANO, for 5 minutes, State of Colorado, and for other purposes; Committee on Energy and Commerce. with an amendment (Rept. 207–316). Referred today. 4728. A letter from the Assistant General to the Committee of the Whole House on the Mr. HILL, for 5 minutes, today. Counsel for Regulatory Law, Department of State of the Union. Energy, transmitting the Department’s final (The following Members (at the re- Mr. HANSEN: Committee on Resources. rule—Office of Civilian Radioactive Waste quest of Mrs. JO ANN DAVIS of Virginia) H.R. 1925. A bill to direct the Secretary of Management; General Guidelines for the to revise and extend their remarks and the Interior to study the suitability and fea- Recommendation of Sites for Nuclear Waste sibility of designating the Waco Mammoth include extraneous material:) Repositories; Yucca Mountain Site Suit- Site Area in Waco, Texas, as a unit of the Mr. FOLEY, for 5 minutes, today. ability Guidelines [Docket No. RW–RM–99– National Park System, and for other pur- Mrs. JO ANN DAVIS of Virginia, for 5 963] (RIN: 1901–AA72) received November 20, poses; with an amendment (Rept. 107–317). minutes, December 6. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Referred to the Committee of the Whole (The following Members (at their own Committee on Energy and Commerce. 4729. A letter from the Principal Deputy House on the State of the Union. request) to revise and extend their re- Mr. HANSEN: Committee on Resources. marks and include extraneous mate- Associate Administrator, Environmental Protection Agency, transmitting the Agen- H.R. 1963. A bill to amend the National rial:) cy’s final rule—Change to Definition of Trails System Act to designate the route Mr. SMITH of Michigan, for 5 minutes, Major Source [FRL–7107–4] (RIN: 2060–AJ60) taken by American soldier and frontiersman today. received November 21, 2001, pursuant to 5 George Rogers Clark and his men during the Mr. CUNNINGHAM, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on En- Revolutionary War to capture the British today. ergy and Commerce. forts at Kaskaskia and Cahokia, Illinois, and Vincennes, Indiana, for study for potential Ms. MCKINNEY, for 5 minutes, today. 4730. A letter from the Principal Deputy Associate Administrator, Environmental addition to the National Trails System Ms. BROWN of Florida, for 5 minutes, Protection Agency, transmitting the Agen- (Rept. 107–318). Referred to the Committee of today. cy’s final rule—New York: Final Authoriza- the Whole House on the State of the Union. f tion of State Hazardous Waste Management Mr. HANSEN: Committee on Resources. H.R. 3334. A bill to designate the Richard J. ADJOURNMENT Program Revision [FRL–7101–9] received No- vember 21, 2001, pursuant to 5 U.S.C. Guadagno Headquarters and Visitors Center Mrs. MYRICK. Mr. Speaker, I move 801(a)(1)(A); to the Committee on Energy and at Humboldt Bay National Wildlife Refuge, that the House do now adjourn. Commerce. California (Rept. 107–319). Referred to the The motion was agreed to; accord- 4731. A letter from the Principal Deputy Committee of the Whole House on the State ingly (at 11 o’clock and 3 minutes Associate Administrator, Environmental of the Union. Protection Agency, transmitting the Agen- Mr. THOMAS: Committee on Ways and p.m.), under its previous order, the cy’s final rule—Utah: Final Authorization of Means. H.R. 3129. A bill to authorize appro- House adjourned until Thursday, De- State-Initiated Changes and Incorporation priations for fiscal years 2002 and 2003 for the cember 6, 2001, at 9 a.m. by Reference of State Hazardous Waste Man- United States Customs Service for f agement Program [FRL–7092–1] received No- antiterrorism, drug interdiction, and other vember 21, 2001, pursuant to 5 U.S.C. operations, for the Office of the United EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Energy and States Trade Representative, for the United ETC. Commerce. States International Trade Commission, and Under clause 8 of rule XII, executive 4732. A letter from the Principal Deputy for other purposes; with an amendment Associate Administrator, Environmental (Rept. 107–320). Referred to the Committee of communications were taken from the Protection Agency, transmitting the Agen- the Whole House on the State of the Union. Speaker’s table and referred as follows: cy’s final rule—Approval and Promulgation Mr. KNOLLENBERG: Committee of Con- 4723. A letter from the Principal Deputy of Air Quality Implementation Plans; Mon- ference. Conference report on H.R. 2944. A Associate Administrator, Environmental tana; Transportation Conformity; Correction bill making appropriations for the govern- Protection Agency, transmitting the Agen- [SIP NO. MT–001–0032; FRL–7102–5] received ment of the District of Columbia and other cy’s final rule—Azoxystrobin: Pesticide Tol- November 21, 2001, pursuant to 5 U.S.C. activities chargeable in whole or in part erances for Emergency Exemptions [FRL– 801(a)(1)(A); to the Committee on Energy and against the revenues of said District for the 6809–3] received November 21, 2001, pursuant Commerce. fiscal year ending September 30, 2002, and for to 5 U.S.C. 801(a)(1)(A); to the Committee on 4733. A letter from the Principal Deputy other purposes (Rept. 107–321). Ordered to be Agriculture. Associate Administrator, Environmental printed.

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Mrs. MYRICK: Committee on Rules. House they had with individuals who survived or of Texas, Mr. STRICKLAND, Mr. GIL- Resolution 305. Resolution providing for con- died in the Holocaust, to provide for the At- MAN, Mr. ALLEN, Mr. HINCHEY, Mr. sideration of motions to suspend the rules torney General of the United States to sub- STUPAK, Ms. LEE, Mr. RANGEL, Mr. (Rept. 107–322). Referred to the House Cal- mit requests to such companies regarding REYNOLDS, Mrs. LOWEY, Mr. WEINER, endar. claims on behalf of such individuals, and to Mr. CROWLEY, Ms. VELA´ ZQUEZ, Mr. Mr. REYNOLDS: Committee on Rules. prohibit insured depository institutions from MCHUGH, and Mr. FOLEY): House Resolution 306. Resolution providing transacting any business with or on behalf of H.R. 3414. A bill to provide certain tem- for consideration of the bill (H.R. 3005) to ex- any such foreign insurance companies that porary increases in the Federal medical as- tend trade authorities procedures with re- fail to comply with such disclosure require- sistance percentage (FMAP) under the Med- spect to reciprocal trade agreements (Rept. ments or fail to adequately respond to such icaid Program for fiscal year 2002 to help 107–323). Referred to the House Calendar. requests, and for other purposes; to the Com- States finance increases in enrollment due Mr. LINDER: Committee on Rules. House mittee on Financial Services. to rising unemployment and to prevent re- Resolution 307. Resolution waiving points of By Mr. FOSSELLA: ductions in health insurance coverage due to order against the conference report to ac- H.R. 3409. A bill to amend title 18, United State budget crises; to the Committee on En- company the bill (H.R. 2944) making appro- States Code, to prevent or mitigate crimes of ergy and Commerce. priations for the government of the District violence or acts of terrorism by authorizing By Mr. KUCINICH: of Columbia and other activities chargeable Federal criminal investigators to carry fire- H.R. 3415. A bill to amend title 11 of the in whole or in part against the revenues of arms and respond to such crimes of violence United States Code to extend the priority said District for the fiscal year ending Sep- or acts of terrorism committed in their pres- provided to claims for compensation and tember 30, 2002 (Rept. 107–324). Referred to ence and to amend section 5545a of title 5, benefits of all employees; to the Committee the House Calendar. United States Code, to expand the definition on the Judiciary. of ‘‘available’’ for those criminal investiga- By Mrs. MINK of Hawaii: f tors who receive Law Enforcement Avail- H.R. 3416. A bill to amend title 49, United ability Pay, to include responding to crimes PUBLIC BILLS AND RESOLUTIONS States Code, to permit the hiring as security of violence or acts of terrorism, and for other screening personnel of legal immigrants who Under clause 2 of the rule XII, public purposes; to the Committee on the Judici- have filed for naturalization before Sep- bills and resolutions of the following ary, and in addition to the Committee on tember 11, 2001; to the Committee on Trans- titles were introduced and severally re- Government Reform, for a period to be sub- portation and Infrastructure. ferred, as follows: sequently determined by the Speaker, in By Mr. PAUL: each case for consideration of such provi- [Omitted from the Record of November 14, 2001] H.R. 3417. A bill to amend title 10, United sions as fall within the jurisdiction of the By Mr. UDALL of Colorado: States Code, to provide for the award of a committee concerned. H.R. 3296. A bill to amend title 49, United medal to persons who served in the Armed States Code, to prohibit the purchase, rent, By Ms. GRANGER: H.R. 3410. A bill to provide for the inclu- Forces during the Cold War; to the Com- or lease, for use as a schoolbus, of a motor mittee on Armed Services. vehicle that does not comply with motor ve- sion of hazardous duty pay and diving pay in the computation of military retired pay for By Mr. SIMMONS (for himself, Mr. hicle safety standards that apply to SHAYS, Mrs. JOHNSON of Connecticut, schoolbuses, and for other purposes; to the members of the armed forces with extensive hazardous duty experience, to require a Ms. DELAURO, Mr. LARSON of Con- Committee on Energy and Commerce, and in necticut, and Mr. MALONEY of Con- addition to the Committee on Transpor- study on the need for a tax credit for businesses that employ members of the National necticut): tation and Infrastructure, for a period to be H.R. 3418. A bill to name the Department of subsequently determined by the Speaker, in Guard and Reserve, and to require a study on the expansion of the Junior ROTC and simi- Veterans Affairs outpatient clinic located in each case for consideration of such provi- New London, Connecticut, as the ‘‘John P. sions as fall within the jurisdiction of the lar military programs for young people; to the Committee on Armed Services. McGuirk Department of Veterans Affairs committee concerned. Outpatient Clinic’’; to the Committee on By Ms. GRANGER (for herself, Mr. DAN Veterans’ Affairs. [Submitted December 5, 2001] MILLER of Florida, Mr. GOODE, Mr. By Mr. YOUNG of Florida: By Mr. MCGOVERN: EDWARDS, and Mr. BOYD): H.R. 3404. A bill to require the Consumer H.R. 3411. A bill to amend title 37, United H.J. Res. 76. A joint resolution making fur- Product Safety Commission to conduct a States Code, to provide the Secretary of De- ther continuing appropriations for the fiscal study on methods to dramatically increase fense with the authority to make temporary, year 2002, and for other purposes; to the the percentage of consumers effectively emergency adjustments in the rates of the Committee on Appropriations; considered reached by product safety recalls; to the basic allowance for housing for members of and passed. Committee on Energy and Commerce. the uniformed services in response to a sud- By Ms. LOFGREN: By Mr. ACEVEDO-VILA´ : den increase in housing costs in a military H.J. Res. 77. A joint resolution proposing H.R. 3405. A bill to amend the Food Stamp housing area in the United States; to the an amendment to the Constitution of the Act of 1977 to increase the nutritional assist- Committee on Armed Services. United States regarding the appointment of ance block grant for Puerto Rico, and for By Mr. HOSTETTLER (for himself, Mr. individuals to serve as Members of the House other purposes; to the Committee on Agri- BARTLETT of Maryland, Mr. of Representatives when, in a national emer- culture. CUNNINGHAM, Mr. TAYLOR of Mis- gency, a significant number of Members are By Mr. BARTON of Texas: sissippi, Mr. EVERETT, and Mr. CAL- unable to serve; to the Committee on the Ju- H.R. 3406. A bill to benefit consumers and VERT): diciary. enhance the Nation’s energy security by re- H.R. 3412. A bill to extend the tax benefits By Mr. SCHAFFER (for himself, Mr. moving barriers to the development of com- available with respect to services performed ARMEY, Mr. SHOWS, Ms. ROS- petitive markets for electric power, pro- in a combat zone to services performed in LEHTINEN, Mr. SMITH of New Jersey, viding for the reliability and increased ca- the Republic of Korea; to the Committee on Mr. PITTS, Ms. HART, Mr. ROGERS of pacity of the Nation’s electric transmission Ways and Means. Michigan, Mr. STEARNS, Mr. PENCE, networks, promoting the use of renewable By Mr. KENNEDY of Rhode Island (for Mr. AKIN, Mr. FORBES, Mr. PICKERING, and alternative sources of electric power himself and Mrs. ROUKEMA): Mr. HOSTETTLER, Mr. TANCREDO, Mr. generation, and for other purposes; to the H.R. 3413. A bill to amend the Public KENNEDY of Minnesota, Mr. WELDON Committee on Energy and Commerce, and in Health Service Act to establish a program of of Florida, Mr. HOEKSTRA, Mr. addition to the Committees on Transpor- grants to States and political subdivisions of ENGLISH, Mr. CRENSHAW, Mr. BART- tation and Infrastructure, and Resources, for States for the provision of mental health LETT of Maryland, Mr. GRUCCI, Mr. a period to be subsequently determined by services in response to public health emer- RYUN of Kansas, Mr. SHUSTER, Mr. the Speaker, in each case for consideration gencies, including disasters resulting from TERRY, Mr. BURTON of Indiana, Mr. of such provisions as fall within the jurisdic- terrorism, and for other purposes; to the LEWIS of Kentucky, Mr. DEMINT, Mr. tion of the committee concerned. Committee on Energy and Commerce. LARGENT, Mr. SOUDER, Mr. SHIMKUS, By Mrs. BONO (for herself, Mr. By Mr. KING (for himself, Mr. BROWN Mr. FERGUSON, Mrs. MYRICK, Mr. HAYWORTH, Mr. KILDEE, Mr. CAMP, of Ohio, Mr. WALSH, Mr. DINGELL, Mr. RYAN of Wisconsin, Mr. VITTER, Mr. and Mr. KENNEDY of Rhode Island): HOUGHTON, Mr. WAXMAN, Mrs. KELLY, GOODE, Mr. COX, Mr. ISTOOK, Mr. H.R. 3407. A bill to amend the Indian Fi- Mr. BONIOR, Mr. SWEENEY, Mr. NAD- BROWN of South Carolina, Mr. nancing Act of 1974 to improve the effective- LER, Mr. QUINN, Mr. PALLONE, Mr. CHABOT, Mr. JONES of North Carolina, ness of the Indian loan guarantee and insur- GRUCCI, Mrs. CAPPS, Mr. SERRANO, Mr. TIAHRT, and Mr. GUTKNECHT): ance program; to the Committee on Re- Mrs. MALONEY of New York, Mr. BOU- H. Res. 302. A resolution expressing the sources. CHER, Mr. TOWNS, Mr. BARRETT, Mr. sense of the House of Representatives with By Mr. FOLEY: MCNULTY, Mr. FARR of California, respect to crisis pregnancy centers; to the H.R. 3408. A bill to require foreign insur- Mr. ACKERMAN, Mr. STENHOLM, Mr. Committee on Energy and Commerce. ance companies doing business in the United ISRAEL, Mr. SHOWS, Mr. ENGEL, Mrs. By Mr. GALLEGLY (for himself and States to disclose any financial dealings MCCARTHY of New York, Mr. GREEN Mr. HILLIARD):

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H. Res. 303. A resolution expressing appre- H.R. 1724: Mr. MCGOVERN. H.R. 3271: Mr. KILDEE and Mrs. ciation to the North Atlantic Treaty Organi- H.R. 1754: Mrs. MCCARTHY of New York. CHRISTENSEN. H.R. 1771: Mr. VISCLOSKY. zation, the European Union, the Organiza- H.R. 3306: Mr. UNDERWOOD and Mr. FROST. tion for Security and Cooperation in Europe, H.R. 1795: Mr. SHOWS, Mr. SCHIFF, and Mr. H.R. 3332: Mr. CARDIN, Mr. DUNCAN, Mr. and the individual countries of Europe for LATOURETTE. GONZALEZ, Mr. KANJORSKI, Mr. KING, Mr. providing or offering military forces and H.R. 1841: Mr. LAMPSON, Mr. SANDERS, and POMEROY, Ms. SCHAKOWSKY, Mr. TERRY, and other assistance in support of Operation En- Mr. CRAMER. H.R. 1911: Ms. WOOLSEY and Mr. SCHIFF. Mr. WU. during Freedom and the campaign against H.R. 2023: Mr. STEARNS. international terrorism; to the Committee H.R. 3341: Ms. WATERS and Mr. KILDEE. H.R. 2125: Mr. PASTOR, Mr. BASS, Mr. on International Relations. H.R. 3351: Mr. SMITH of Washington, Mr. PLATTS, Ms. ESHOO, Mr. PRICE of North Caro- By Mr. KUCINICH: BACA, Ms. BERKLEY, Ms. PRYCE of Ohio, Mrs. lina, Mr. PUTNAM, Mr. LAHOOD, and Mr. GARY H. Res. 304. A resolution providing for con- DAVIS of California, Mr. BENTSEN, Mr. RILEY, G. MILLER of California. Mr. CARDIN, Mr. DEUTSCH, Ms. SCHAKOWSKY, sideration of the bill (H.R. 808) to provide H.R. 2147: Mr. SOUDER. Mr. SCHAFFER, Mr. FRANK, Mr. NEAL of Mas- certain safeguards with respect to the do- H.R. 2484: Mr. BROWN of Ohio, Mr. PAYNE, sachusetts, Mr. ROGERS of Michigan, Mr. mestic steel industry; to the Committee on Mr. BALDACCI, Mr. MARKEY, Mr. OLVER, Mr. WALSH, Mr. BERMAN, Mr. CLAY, Mr. MORAN of Rules. RUSH, Mr. NEAL of Massachusetts, and Ms. Virginia, Mr. SUNUNU, and Mrs. MINK of Ha- f BROWN of Florida. H.R. 2610: Mr. CARSON of Oklahoma, Mr. waii. PRIVATE BILLS AND WATT of North Carolina, Mr. TERRY, Mr. H.R. 3358: Mr. MOORE. RESOLUTIONS CLEMENT, and Mr. RAHALL. H.R. 3368: Mr. JACKSON of Illinois, Mr. H.R. 2706: Mr. RADANOVICH. FROST, Mr. RUSH, and Mr. GRUCCI. Under clause 3 of rule XII, H.R. 2737: Mr. BONIOR. H.R. 3371: Mr. FROST. Mr. JOHNSON of Illinois introduced a bill H.R. 2820: Mr. PALLONE, Mr. BACA, and Mr. HAYS ING MITH (H.R. 3419) for the relief of J.L. Simmons BROWN of Ohio. H.R. 3376: Mr. S , Mr. K , Mr. S Company, Inc., of Champaign, Illinois; which H.R. 2839: Mrs. MINK of Hawaii, Mr. of New Jersey, and Mr. MCHUGH. was referred to the Committee on the Judici- CUMMINGS, Ms. RIVERS, and Mr. HONDA. H. Con. Res. 273: Mr. LEACH, Mr. BARTLETT ary. H.R. 2847: Mr. BEREUTER. of Maryland, Mr. BURTON of Indiana, Mr. H.R. 2863: Ms. SCHAKOWSKY. SMITH of New Jersey, Mrs. MALONEY of New f H.R. 2869: Ms. CARSON of Indiana. York, Ms. MCKINNEY, Ms. ROS-LEHTINEN, Mr. ADDITIONAL SPONSORS H.R. 2917: Mr. SHAW, Mr. LUCAS of Ken- ROYCE, Mr. UNDERWOOD, Mr. BERMAN, Mr. tucky, and Mr. TAYLOR of Mississippi. TANCREDO, Mr. HORN, Mr. NADLER, Mr. Under clause 7 of rule XII, sponsors H.R. 2935: Mr. PAYNE. GILCHREST, Mr. STEARNS, Mr. JONES of North were added to public bills and resolu- H.R. 2969: Mr. PLATTS. Carolina, Mr. DUNCAN, Mr. WAMP, Mr. MORAN H.R. 3014: Mr. CRANE. tions as follows: of Virginia, Mr. GEKAS, Mr. HAYWORTH, Mr. H.R. 3019: Ms. BERKLEY and Mr. BAIRD. WALSH, Mr. ISTOOK, Mr. WELDON of Florida, H.R. 318: Mr. FILNER, Mrs. LOWEY, Mr. H.R. 3054: Mr. BEREUTER, Ms. SCHAKOWSKY, Mr. RADANOVICH, Mr. WICKER, Mr. HERGER, HOLT, Mr. ACEVEDO-VILA, Mr. SANDERS, Mr. Mr. ROGERS of Michigan, Mr. FERGUSON, Mr. and Mr. GOODLATTE. JEFFERSON, Mrs. NAPOLITANO, and Mr. HINOJOSA, Mr. SHERMAN, Mr. DEUTSCH, Ms. CARDIN. BALDWIN, Ms. ROS-LEHTINEN, Mr. LUTHER, H. Con. Res. 280: Mr. FALEOMAVAEGA, Mr. H.R. 604: Ms. SCHAKOWSKY and Ms. ESHOO. Mr. BROWN of Ohio, Mr. BORSKI, Mr. PLATTS, Mr. ISRAEL, Mr. HALL of Ohio, Mrs. H.R. 661: Mr. JEFFERSON. HOEFFEL, Ms. MCCARTHY of Missouri, Mrs. MALONEY of New York, Mr. HOYER, Mr. H.R. 742: Mr. HINCHEY and Ms. LOFGREN. CAPPS, Mr. HORN, Mr. SCHAFFER, Mr. KIRK, FRANK, Mr. PENCE, Mr. ROSS, Mr. SCHROCK, H.R. 951: Mr. MCKEON. Mr. CANTOR, Mr. OTTER, Mr. HAYWORTH, Mr. and Mr. CULBERSON. H.R. 959: Mr. BENTSEN. SCOTT, Mr. BARRETT, Mr. FRANK, Mr. H. Res. 75: Mr. KERNS, Mr. BACHUS, Mr. H.R. 1073: Mr. QUINN and Ms. EDDIE BER- TIERNEY, Mr. LAFALCE, Mr. NADLER, Mr. REYNOLDS, Mr. RAMSTAD, Mrs. ROUKEMA, Mr. NICE JOHNSON of Texas. LEWIS of Georgia, Mr. ORTIZ, Mr. CONDIT, Mr. GOODE, Mr. CHABOT, Mr. DAN MILLER of Flor- H.R. 1090: Mr. MALONEY of Connecticut. RUSH and Mr. SHAYS. ida, Mr. LARGENT, Mr. HORN, Mr. CHAMBLISS, H.R. 1177: Mr. LUCAS of Kentucky. H.R. 3075: Mr. KUCINICH, Ms. DEGETTE, Mr. and Mr. ROHRABACHER. H.R. 1296: Mr. MCINTYRE and Mr. LINDER. BARRETT, Mr. BAIRD, Mr. BRADY of Pennsyl- H. Res. 280: Ms. ROYBAL-ALLARD, Mr. Fil- H.R. 1331: Mr. DOOLITTLE. vania, Mr. FALEOMAVAEGA, Ms. MCCOLLUM, ner, Mrs. MINK of Hawaii, and Ms. RIVERS. H.R. 1466: Mr. SHOWS, Mr. KIRK, and Mr. Ms. RIVERS, and Ms. ROYBAL-ALLARD. H. Res. 281: Ms. SCHAKOWSKY, Mr. ROTH- THUNE. H.R. 3113: Mr. OLVER. MAN, Mr. GUTIERREZ, and Ms. LOFGREN. H.R. 1475: Mr. HONDA and Mr. WU. H.R. 3175: Ms. RIVERS. H.R. 1520: Mr. LIPINSKI. H.R. 3235: Mr. LIPINSKI, Mr. HINCHEY, Mr. H. Res. 295: Mr. ENGLISH and Mr. TIAHRT. H.R. 1582: Mr. PAYNE. FILNER, Ms. WOOLSEY, Mrs. MINK of Hawaii, H. Res. 300: Mr. NEAL of Massachusetts, Mr. H.R. 1723: Mr. LEACH and Mr. FRANK. and Mr. BONIOR. MURTHA, Mr. MCHUGH, and Mr. COSTELLO.

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Vol. 147 WASHINGTON, WEDNESDAY, DECEMBER 5, 2001 No. 167 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE Act. Senator NICKLES will be recog- called to order by the Honorable HIL- The Honorable HILLARY RODHAM nized to make a point of order against LARY RODHAM CLINTON, a Senator from CLINTON led the Pledge of Allegiance, the Daschle substitute amendment. the State of New York. as follows: Then Senator BAUCUS will be recognized to move to waive the Budget Act. I pledge allegiance to the Flag of the There will be 30 minutes for debate on PRAYER United States of America, and to the Repub- lic for which it stands, one nation under God, the motion to waive followed by a vote The Chaplain, Dr. Lloyd John indivisible, with liberty and justice for all. at approximately 10 a.m. If the Budget Ogilvie, offered the following prayer: f Act is waived, the Daschle substitute amendment will be agreed to and the Almighty God, Sovereign of this Na- APPOINTMENT OF ACTING Senate will vote on final passage of the tion and Lord of our lives, in each pe- PRESIDENT PRO TEMPORE act. riod of history, You have blessed us The PRESIDING OFFICER. The Following disposition of the Railroad with great leaders who have exempli- clerk will please read a communication Retirement Act, there will be 60 min- fied love for You and dedication to our to the Senate from the President pro utes of debate on the motion to proceed country. Today we celebrate such a tempore (Mr. BYRD). to the farm bill followed by a vote on man. Thank You for Senator STROM The legislative clerk read the fol- the cloture motion to proceed to the THURMOND. lowing letter: bill. We join with all Americans in cele- U.S. SENATE, f brating his 99th birthday. You have PRESIDENT PRO TEMPORE, blessed him to be a blessing to his be- Washington, DC, December 5, 2001. MEASURE PLACED ON THE loved South Carolina and to the Nation To the Senate: CALENDAR—S. 1765 Under the provisions of rule I, paragraph 3, as a whole. of the Standing Rules of the Senate, I hereby Mr. REID. Madam President, I under- Thank You for the enrichment of our appoint the Honorable HILLARY RODHAM stand that S. 1765 is at the desk and is lives by this man. He has shown us the CLINTON, a Senator from the State of New due for its second reading. courage of firm convictions, the patri- York, to perform the duties of the Chair. The ACTING PRESIDENT pro tem- ROBERT C. BYRD, pore. The Senator is correct. otism of love for this Nation, and devo- President pro tempore. tion and true commitment to the Sen- Mr. REID. Madam President, I ask Mrs. CLINTON thereupon assumed ate. We praise You for the personal that S. 1765 be read for a second time, the chair as Acting President pro tem- ways he has inspired each of us. He is and I then will object to any further pore. proceedings at this time on this legis- an affirmer who spurs us on with words The ACTING PRESIDENT pro tem- lation. of encouragement. Your Spirit of car- pore. The Senator from Nevada. The ACTING PRESIDENT pro tem- ing and concern for individuals shines pore. The clerk will report the bill by through this remarkable man. f title. Gracious God, bless the Senator with SCHEDULE The legislative clerk read as follows: the assurance of Your love and of our Mr. REID. Madam President, this A bill (S. 1765) to improve the ability of the affirmation. Through our Lord and morning the Senate will resume con- United States to prepare for and respond to Saviour. Amen. sideration of the Railroad Retirement biological threat or attack.

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

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The ACTING PRESIDENT pro tem- bomber boarded a bus full of innocent I yield the floor and suggest the ab- pore. Objection having been heard, the people just starting their work week. sence of a quorum. bill will be placed on the calendar. These coordinated bombings marked The ACTING PRESIDENT pro tem- the deadliest terrorist attacks in the pore. The clerk will call the roll. f history of the State of Israel. The legislative clerk proceeded to RESERVATION OF LEADER TIME For the past 15 months, the United call the roll. States, Europe, and moderate Arab The ACTING PRESIDENT pro tem- Mr. NICKLES. Madam President, I states have called on Chairman Arafat pore. Under the previous order, leader- ask unanimous consent that the order to use his authority to put an end to ship time is reserved. for the quorum call be rescinded. this violence. At times we have heard The ACTING PRESIDENT pro tem- f helpful words, but we have not yet seen pore. Without objection, it is so or- COMPREHENSIVE RETIREMENT SE- decisive action. Even this morning, dered. CURITY AND PENSION REFORM after 2 days of international pressure f ACT OF 2001 to stop such violence, we hear of another suicide bombing in Jerusalem. COMPREHENSIVE RETIREMENT SE- The ACTING PRESIDENT pro tem- Terrorists have used the territories CURITY AND PENSION REFORM pore. Under the previous order, the as a haven to plan and organize their ACT OF 2001—Continued Senate will now resume consideration murderous assaults, to build their AMENDMENT NO. 2170 of H.R. 10, which the clerk will report. bombs and recruit their suicide bomb- Mr. NICKLES. Madam President, I The legislative clerk read as follows: ers. Instead of cracking down on this make a point of order that the Daschle A bill (H.R. 10) to provide for pension re- violence, Chairman Arafat has seemed amendment No. 2170 violates section form, and for other purposes. all too willing to use it as a negoti- 302(f) of the Congressional Budget Act. Pending: ating tool. The ACTING PRESIDENT pro tem- Daschle (for Hatch/Baucus) amendment No. Such a strategy is more than cynical. pore. Under the previous order, the 2170, in the nature of a substitute It is dangerous, and it stands in stark Senator from Oklahoma is recognized f contrast to the Oslo process that to raise a point of order. brought the region so close to a com- Under the previous order, the Sen- RECOGNITION OF THE MAJORITY prehensive peace just one year ago. ator from Montana is recognized to LEADER After Jerusalem and Haifa, Chairman make a motion to waive the point of The ACTING PRESIDENT pro tem- Arafat’s words alone are not enough. order. pore. The majority leader is recog- Symbolic actions—rounding up the Mr. BAUCUS. Madam President, I nized. usual suspects only to let them go move to waive the relevant section of Mr. DASCHLE. Madam President, I again—is not enough. the Budget Act, and I ask for the yeas will reserve some of my leader time to Concrete steps to bring the planners and nays. make a short statement as we wait to of this weekend’s attacks to justice are The ACTING PRESIDENT pro tem- complete our work on the railroad re- just a starting point. The world also pore. Is there a sufficient second? tirement bill. expects—in fact, the world demands— Mr. BAUCUS. I withdraw the request, f that Chairman Arafat crack down on Madam President. the organizations that harbor and sup- The ACTING PRESIDENT pro tem- TERRORISM IN THE MIDDLE EAST port these terrorists. pore. Without objection, it is so or- Mr. DASCHLE. Madam President, We have already begun to hear a lit- dered. Under the previous order, there when our country was attacked on Sep- any of reasons why it is difficult for will now be 30 minutes of debate to be tember 11, countless countries came Chairman Arafat to do what has to be equally divided between the Senator forth to express condolences, to condone. from Montana and the Senator from demn those heinous attacks and to He is not responsible for the attacks, Oklahoma or their designees. make clear that they stood with Amer- we are told. The Senator from Oklahoma. ica in our time of trouble. The state- He is not capable of controlling the Mr. NICKLES. Madam President, for ments were a welcome reassurance terrorists. No one is, we are told. the information of our colleagues, it is We are also told that Israel’s re- from the family of nations that we anticipated we will be voting at 10 sponse hinders the Palestinian would not be standing alone in the o’clock. We may try to shorten that Authority’s ability to move against the campaign against terror. somewhat. It is anticipated we will terrorists. I come to the floor today to send my None of these excuses will stop the have two votes, one on a motion to condolences to the families of the 26 violence. And none is acceptable. waive a Budget Act point of order, as Israelis killed in this weekend’s at- Time has run out. We are at the entered by Senator BAUCUS, and also on tacks in Jerusalem and Haifa, to send point where Chairman Arafat’s lack of final passage of the Railroad Retire- my prayers to the scores more who action against terrorists is a question ment Act. I notify our colleagues that were injured, to condemn in the strong- not of capability, but of will. Only if he probably in the next 20 minutes or so est terms those attacks—and the at- chooses to act decisively can he put we will be voting on these two meas- tack that occurred just this morning, this perception to rest. ures, for them to plan accordingly. and to reassure our friends in Israel If not, he will confirm the worst fears I make a budget point of order be- that just as they stood with us, we of the international—community that cause we didn’t have any funding. The stand with them. he is unable and unwilling to confront $15 billion in outlays we are getting Like people all over the world, I went terror. ready to pass was not in the budget. to bed on Saturday deeply shaken by Without concrete action, Israel will Granted, this bill has a lot of support. the horrifying images from Jerusalem. be left with no choice but continue to It had a lot of support when we passed Not only were the attacks timed to defend itself. the budget, but it was not included. It occur during busiest time of the week The suicide bombings in Jerusalem in was not included in the House budget. in an area frequented by young people, Haifa ended 26 innocent lives, but they It was not included in the Senate budg- but a second bomb was intended to also ended something else. et. maim and kill emergency response They ended any patience the world We had a budget. The budget we workers trying to assist the victims. It has for excuses and inaction on the agreed upon said we were going to have is some small measure of consolation part of Chairman Arafat and the Pales- so much in spending. This was not part that the second bomb didn’t kill any- tinian Authority. of it. So we have to waive the budget if one. Still, it is hard to imagine a more It is time for them to prove that they we are going to pass it, or a budget inhumane plan; hard to imagine, that have both the ability and the will to point of order lies, or else we are just is, until I woke up Sunday morning, stop the bloodshed. It is time for them breaking the budget. and heard reports of the second at- to join the family of nations and work The reason I raise this point is that tack—in Haifa. In this case, a suicide to end the specter of global terrorism. Congress in the last several months has

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12391 been, in my opinion, pretty irrespon- We have a stimulus package that was try: 100 percent retirement at age 60, sible. We have had spending grow dra- reported out of the Finance Com- 100 percent survivor benefits. That is matically, and yet many people are mittee, two-thirds of which was spend- great. But they also want us to pay for saying it is not enough. Some people ing, mostly outlays. Some of it was for it if the fund goes broke, and even their are saying, because of the disaster on unemployment compensation, some of own projections have it almost going September 11, we need a lot more it for cash payments to people who broke. Then to say now, yes, and we money for this and for that. Some of us didn’t pay taxes. But the net result of want to waive the budget—the budget need to kind of total it up. I don’t that stimulus bill that passed out of doesn’t count? think we have totaled it up. Spending the Finance Committee and that we If we are going to have a budget, let’s is growing dramatically. considered on the floor was about an use it. Let’s abide by it. Let’s have I looked at the amount of money we additional $50 billion in outlays. unanimous votes if we are going to spent in fiscal year 2000, last year. It We have an agriculture bill we will be waive it for cases of national emer- was $584 billion in total discretionary considering probably later today. It gency. This is not a national emer- spending. In 2001, the year we just com- has additional outlays. And we have a gency. That is the reason I made the pleted, it was 640. That was a 9.6-per- victims compensation fund that was budget point of order. I urge my col- cent increase for domestic spending. part of the airline bailout bill that no leagues to support it. For nondefense spending, that was 14- one knows, no one in the genius of this I don’t want to see our colleagues on percent growth over the previous year. body who authorized and passed that the floor next year, or maybe even a That is a big increase. Nondefense legislation, how much it is going to month from now, saying: Where did the spending last year, the year we just cost. It could cost billions of dollars. budget surplus go? We are now in defi- completed in September, grew at 14 We don’t know how much the insur- cits. Where did it go? It must have been percent. ance companies are going to pay. We those Republicans. They passed a tax President Bush’s budget said let’s don’t know what kinds of rewards are cut. That tax cut, in the first year, was have spending grow, total discre- going to be made to the survivors and $37 billion. tionary spending, up to $679 billion. to the victims of the September 11 dis- Let’s see, I totaled up $40 billion for That was a 6-percent increase. After aster. It could cost billions. Congress emergency spending, $15 billion for air- the disaster of September 11, we had a legislated that little package. I was lines, $15 billion for railroads, and $15 bipartisan agreement to get the budget part of the negotiations in the final billion that Senator BYRD is trying to agreed to of $686 billion. In addition to hours. No one has a clue how much it pass. No telling how much spending that, President Bush agreed to the $40 is going to cost. It could be in the will be in the so-called stimulus pack- billion, money for New York, for Vir- multibillions of dollars. age. When you add it up, there is going ginia, for defense. That was an addi- My point is, if you add all these num- to be much more of a spending problem tional $40 billion. Add the $40 billion to bers, we may be looking at spending than a tax cut problem. the $686 billion; that is $726 billion. growth in the 20- or 24-percent range. It My colleagues may say: Wait a That is a growth in outlays of 13.3 per- is as if there is no budget whatsoever. minute, did I vote to waive the budget? cent. And that is still not enough. It I raise a budget point of order. That Did I vote for that extra spending? doesn’t include the $15.3 billion we are is why we have a budget. A budget This is deficit spending. We are going talking about that will be required out- doesn’t do any good if you are not to borrow an additional $15 billion. We lays for railroad retirement. If you add going to use a point of order. Unfortu- are going to have to waive the budget that together, that is another 15.6 per- nately, in many cases people in the to do so. I urge my colleagues to vote cent. Somebody said that doesn’t count be- Budget Committee haven’t felt in- ‘‘no’’ on the motion to waive the budg- cause we have scorekeeping. We said clined to use it. We waive budgets in et point of order. we are going to put language in here: cases of national emergency. I sup- The ACTING PRESIDENT pro tem- don’t count it. The fact is, you are ported the $40 billion that was in- pore. The Senator from Montana is rec- going to have outstanding publicly cluded. We believed that was a national ognized. Mr. BAUCUS. Madam President, I held debt that is going to grow by $15.3 emergency. We were attacked. Let’s billion as a result of this bill. The fact give money for defense of our country yield such time as the Senator from is, we will be borrowing that $15.3 bil- to go after those persons who attacked Delaware desires. The ACTING PRESIDENT pro tem- lion; Treasury will borrow additional the United States. I am all for that. pore. The Senator from Delaware is money. It is not coming out of the sur- Let’s assist people who need the help in plus. It is not even coming out of So- New York and Virginia and Pennsyl- recognized. Mr. CARPER. Madam President, I cial Security. It is coming out of pub- vania. We supported that. We waived agree with my friend from Oklahoma licly held debt. We are going to borrow the budget to do it. on several of the comments he just more money, and we are paying about Maybe we will waive the budget to do $1 billion per year every year, maybe railroad retirement. I expect we prob- made. We can ill afford, even in the en- every year forever, to pay for this bill. ably will. The special interest groups vironment in which we live today, to The 10-year cost in interest expense have everybody on board this bill re- forget about fiscal restraint and the re- is going to be about $10 billion. Our col- gardless of how much it costs, regard- sponsibility to manage our finances, leagues should know that. The amount less if it may bankrupt the fund. The not only in the short term but in the of outstanding publicly held debt as a railroad retirees and their own ac- long-term. But it is not just spending result of passage of this bill will be countants say the trust fund balance that we need to watch. It is also the growing. I think people have not goes down to almost 1 year of pay- nature of the tax cuts that we have looked at that. ments in several years, almost bank- adopted and the ones we are consid- Then there are a few other items in rupting the fund. ering adopting as part of the economic the mill. When we take up the DOD ap- How does it do that? It greatly in- stimulus package. propriations bill, I understand Senator creases benefits, and it cuts payroll Let me take a somewhat different ap- BYRD has an amendment to add an ad- taxes. It leaves Uncle Sam as still proach to the legislation before us, for ditional $15 billion for homeland de- guaranteeing the benefits. I would be which we are now considering the step fense and other things on top of it. We all in favor of the railroads and the em- of waiving the Budget Act. I thank haven’t considered that yet, but that is ployees making whatever kind of deal Senator BAUCUS for bringing the meas- in the mill. they want to make for their benefits. If ure to the floor. I thank our leader for We have already passed airline assist- it is more generous than any other re- bringing this measure to the floor. I sa- ance. I didn’t add that. That had out- tirement plan in America, so be it, as lute Senator HATCH and others who lays of about $5 or $6 billion, loan guar- long as they don’t ask for taxpayers to have introduced the legislation, which antees for up to another 10. We don’t guarantee it and pay it. I have cosponsored. I am not aware of know how that will score. It depends Unfortunately, they are asking for anywhere in the Federal Government on how many will default. But there is both. They want one of the most gen- where we have a private sector type of additional exposure there as well. erous retirement benefits in the coun- pension plan. The railroad retirement

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12392 CONGRESSIONAL RECORD — SENATE December 5, 2001 is somewhat difficult to understand. vest the money in your trust fund in trust fund. Does anybody believe they Let me take a minute and contemplate U.S. Treasury obligations. You can in- can or will pay 22-percent payroll taxes what it is and what it is not. vest in other kinds of investments, in 19 years? Does anybody believe the The railroad retirement, which pro- such as securities, which would provide railroads are not going to be before the vides retirement benefits for hundreds a greater yield, and then that antici- Congress saying they will be driven of thousands of railroaders and their pated yield, which has been proven into bankruptcy, and they will have to survivors, is a two-tier plan. Tier 1 over history, that greater yield will en- shut down every railroad in America if deals with Social Security benefits, or able that pension fund to provide bet- they are forced to pay a 22-percent pay- reflects and mirrors Social Security ter benefits to railroad retirees and to roll tax? But that is what is required to benefits. We are not talking about ad- their survivors. keep this program solvent, after you dressing or dealing with those. Tier 2 is That anticipated greater yield— pillage $15 billion. a pension plan that goes beyond Social again, proven historically —would en- I thank the Senator from Oklahoma. Security benefits. Most people who able the railroad companies, the em- This has been an uphill battle. Ameri- work in the private sector in this coun- ployers, and the employees—particu- cans love bipartisanship and they love try realize Social Security benefits. larly the railroad employers—to reduce consensus. Those are wonderful things, They also have a pension plan, in many their contribution somewhat. That is but they are very dangerous things. cases, from their own employer. Those what this is all about. And because of What we have had is the railroads and employers contribute to those plans. an anachronism, we are forced to go the labor unions getting together, each The employees contribute to their em- through this procedure of waiving the having their affection attracted be- ployer’s pension plan established for budget law and the extraordinary pro- cause they each get $7.5 billion, but them. Most employers, private sector cedure yesterday of directing the what we have really seen is a consensus employers and, frankly, most public spending. against the taxpayers’ interest. The sector employers around the country This is a good measure. When we Senator from Oklahoma has been cou- who have pension plans—the moneys think it through and we look at the rageous in standing up and pointing that go into those plans are invested, numbers and the requirement for the out that this emperor has no clothing. but they are not invested exclusively railroad companies, the employers, to I congratulate him for that. We are in securities issued by the U.S. Treas- increase their contribution, if the tier 2 going to have one final vote before the ury. fund does run out of money, this is a bill is passed, and that is a point of Tier 2 of the railroad retirement plan measure that is responsible. I want to order. is different because the moneys that say to those who brought it to the The telltale sign of the problem with are contributed by the employers—the floor, on behalf of the hundreds of this bill is not just that $15 billion is railroad companies—and moneys con- thousands of railroad employees and divided up between the railroads and tributed by employees of those rail- pensioners and survivors, thank you the railway unions. It is that in mak- roads to the pension fund, the trust for taking this step for them and the ing the transfer this year, we are going fund, are invested only in securities companies for whom they work. I say to increase the deficit by $15.3 billion. issued by the U.S. Treasury. Many to the chairman of the Finance Com- We have a budget that gives us some States and local governments have mittee, thank you again for bringing power in trying to prevent these things changed the way they invest their pen- the measure to the floor and for yield- from happening. If we were offsetting sion moneys. They have invested now ing this time to me today. the $15.3 billion in some other way, in equities, corporate stocks, and other The ACTING PRESIDENT pro tem- there would be no budget point of investment options because the yield pore. The Senator from Texas is recog- order, but there is a budget point of there is greater and they are able to nized. order because we are violating the provide better benefits and reduce their Mr. GRAMM. How much time do we budget. contribution into their pension fund. have on our side? The final vote we are going to have is The question before us in this bill is, The ACTING PRESIDENT pro tem- the vote on whether or not we are Should we provide the same kind of pore. Six minutes. going to enforce the budget. I have to flexibility for railroad companies and Mr. GRAMM. Madam President, let say, we have already started to see a railroad retirees when contributing to me first congratulate the Senator from partisan debate where many of our col- their tier 2 pension plans? Should we Oklahoma. I think what has happened leagues are saying we have a deficit be- give them the same flexibility that is basically is that we have seen a very cause of the tax cut. Today on this bill, enjoyed by other employers throughout impressive lobbying effort where the we are going to raise the deficit by 40 the country? I believe we should. The railroads have gotten together with the percent of the impact of the entire tax question also is, In doing that, does unions and divided up $15 billion, which cut for this year. In fact, we are ap- that somehow cause an outlay by the is the only barrier between the tax- proaching the point where we will have Federal Government? We still work in payer and massive injection of Federal increased spending $100 billion above the Federal Government under a cash funds into the railroad retirement pro- the budget this year. If somebody votes to waive the budg- basis of accounting. Most companies gram. And basically this has been lob- et point of order and says, we do not and, in fact, almost all State and local bied as some movement toward private care about the budget, the sky is the governments use the accrual form of investment in railroad retirement. limit, we can spend anything we want accounting. If we use an accrual form The Senator from Oklahoma and I to spend and this is a popular thing to of accounting, my guess is we would both support private investment, but spend it on, then I hope they will not not be debating whether or not this is the problem is that under the cloak of be out arguing that they are very con- investing this $15 billion, as the actu- actually a $15 billion cash outlay. I cerned about the deficit. think the point would be moot. But we aries of railroad retirement show very You cannot have it both ways. You still use the cash basis, so that is the clearly, under this bill, $15 billion plus cannot be for adding $15 billion to the law under which we operate. all the interest earned on all the in- deficit and be concerned about the def- Having said that, we are not talking vestments made will be pillaged over icit. You cannot be for increasing the about the need to spend another $15 bil- the next 17 years as that money is deficit on one day and blaming some- lion to build roads. We are not talking taken out and miraculously divided ex- body else for it on the other. about another $15 billion to provide actly equally between the railroads and I thank our colleague for his leader- better health care. We are not talking the railroad retirees. ship. I intend to vote against waiving about another $15 billion to provide The railroads have lobbied hard for the budget point of order. I hope my better environmental protection. We the bill because they say they cannot colleagues will as well. are talking about a step here that says pay 16.1-percent payroll taxes. They I yield the floor. to the folks who oversee tier 2 pension can’t afford it. Yet under this bill, in 19 The PRESIDING OFFICER (Mr. CAR- funds contributed to by employers—the years, they are going to be moving to- PER). The Senator from Montana. railroad companies—and the railroad ward paying 22-percent payroll taxes Mr. BAUCUS. Mr. President, I will be employees: You don’t have to just in- because they will have depleted the brief. We have had these arguments

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12393 and made our points many times. It is and HATCH. If there were ever two peo- Budget Act of 1974 in relation to important to put all of this in perspec- ple who are fiscally conservative, it is amendment No. 2170. The yeas and nays tive. There is a lot of arcane budget Senators BAUCUS and HATCH. I do not have been ordered. The clerk will call language discussion here. A lot of that need anything else other than to know the roll. is very important. There is an impor- they are the ones who are pushing this The legislative clerk called the roll. tant reason for having budgets. legislation to make me very com- Mr. REID. I announce that the Sen- Cutting through all the technical fortable with every vote I have taken. ate from Connecticut (Mr. LIEBERMAN) budget arcane language and green eye- I publicly commend and applaud Sen- is absent attending a funeral. shade stuff, very simply the situation ators BAUCUS and HATCH for their lead- The PRESIDING OFFICER. Are there is this: The railroad retirement trust ership on this issue. We have gone a any other Senators in the Chamber de- fund has built up a large balance. The long way the last few days under their siring to vote? question is what we should do about leadership. Everyone should feel very The yeas and nays resulted—yeas 80, that. good about waiving the Budget Act. nays 19, as follows: We have decided in this legislation Remember, we are being asked to do [Rollcall Vote No. 350 Leg.] that the balance should be reduced by this by two of the most fiscally con- YEAS—80 lowering the taxes the railroad compa- servative people we have in the Sen- Akaka Domenici McCain nies have to pay—and they are extraor- ate—Senators BAUCUS and HATCH. Allen Dorgan Mikulski dinarily high taxes today—and also in- Mr. BAUCUS. Mr. President, I yield Baucus Durbin Miller creasing survivor benefits, for example, Bayh Edwards Murkowski the floor. Biden Enzi Murray and the early retirement age which The PRESIDING OFFICER. The Sen- Bingaman Feingold Nelson (FL) conforms with current practices in ator from Oklahoma. Bond Feinstein Nelson (NE) other industries. Boxer Fitzgerald Reed Mr. NICKLES. Mr. President, how Breaux Graham The charge is made that the balance much time is remaining? Reid Brownback Grassley Roberts will be too low, and that is going to Burns Hagel The PRESIDING OFFICER. Fifty- Rockefeller Byrd Harkin jeopardize the budget, it is going to three seconds. Santorum Cantwell Hatch jeopardize the trust fund. Sarbanes Mr. NICKLES. Mr. President, I want Carnahan Hollings The fact is this legislation provides Schumer to clarify a few points. This $15 billion Carper Hutchinson for many safeguards; there are actu- Chafee Hutchison Sessions transfer in the outstanding publicly Shelby arial reports, financial statements, and held debt is not a wash. That is $15 bil- Cleland Inhofe reports to the contrary. The actuary Clinton Inouye Smith (OR) lion added to the deficit, added to na- Snowe himself has said at no time, even under Collins Jeffords tional debt. We are going to have to Conrad Johnson Specter this legislation, will the balance in the Stabenow borrow about $1 billion a year, maybe Corzine Kennedy trust fund be at such a level that it Craig Kerry Stevens forever, to pay for this. The Senator jeopardizes the fund or payments to Crapo Kohl Torricelli from Montana said this legislation Daschle Landrieu Voinovich the beneficiaries or cause undue strain makes benefits conform with the norm. Dayton Leahy Warner on the railroad companies. That is the It is not the norm in the private sector DeWine Levin Wellstone actuary’s projection. He makes that Dodd Lincoln Wyden pension benefits to get a 100-percent projection for the next 75 years. pension benefit at age 60. That is not NAYS—19 Those of us in Congress have a hard Allard Gramm Nickles time trying to predict what the eco- the norm. Nor is it the norm to have survivor benefits equal 100 percent. Bennett Gregg Smith (NH) nomic situation is going to be 10 years Bunning Helms Thomas from now. That is pretty hard to pre- That is not the norm. They are very Campbell Kyl Thompson dict. What we are talking about with generous benefits. Cochran Lott Thurmond I do not begrudge them having gen- Ensign Lugar this legislation is at least 20 years from Frist McConnell erous benefits. I just do not want to now, because that is when the trust NOT VOTING—1 fund is going to be dipping down to a have taxpayers pay for them when and Lieberman lower level than is the case today. We if the fund goes broke, and even under have all kinds of oversight reports re- their projections it almost goes broke. The PRESIDING OFFICER. On this quired by the legislation to make sure Why? Because we increase benefits and vote, the yeas are 80, the nays are 19. the trust fund is safe. cut the taxes and also we keep the Fed- Three-fifths of the Senators duly cho- The Senator from Oklahoma says we eral guarantee, and we have to waive sen and sworn having voted in the af- have to borrow $15 billion. That is the Budget Act to do it. firmative, the motion is agreed to. The technically true, but that is a wash be- We did not put this money in the point of order falls. cause the trust fund will receive $15 budget. We should have. I urge my col- Mr. REID. Mr. President, I move to billion in assets. We have unified ac- leagues not to waive the budget act reconsider the vote. counting in this case, so as a practical provisions. Mr. BAUCUS. I move to lay that mo- matter, that has virtually no effect on I ask for the yeas and nays on the tion on the table. the budget. motion. The motion to lay on the table was Also, with respect to the trust fund, The PRESIDING OFFICER. Is there a agreed to. it is a wash, too, because some of those sufficient second? The PRESIDING OFFICER. Under securities will be private securities as There appears to be a sufficient sec- the previous order the amendment No. opposed to public securities. ond. 2170 is agreed to. Altogether, this is a bill that has The yeas and nays were ordered. Mr. SMITH of Oregon. Mr. President, been worked on for a long time. Sev- The PRESIDING OFFICER. The Sen- I rise today in strong support of legis- enty-four Members of the Senate co- ator from Montana has 41⁄2 minutes relation to reform the Railroad Retire- sponsored this legislation. We consid- maining. ment system. Reform legislation has 75 ered the bill last year in the Finance Mr. BAUCUS. Mr. President, I am cosponsors in the Senate and I am Committee. Over 20 amendments were not going to use all my time. We have proud to be one of them. Over the past offered. The House has passed this leg- had a very good debate on this bill. I 65 years, Railroad Retirement has pro- islation twice, both times by very large strongly urge Members to vote to vided a safe guarantee of benefits to margins. If this point of order is not waive the point of order because this is railworkers and their families. In order waived, if this technicality is not a very sound, fiscally responsible bill. I to keep these benefits secure, both waived, then there will be no bill know Senators will be very proud in management and labor have endeav- passed and this bill is going to die. voting for this legislation. ored to come up with an agreement Mr. REID. Will the Senator yield 2 The PRESIDING OFFICER. The Sen- that would strengthen the Railroad Re- minutes to the Senator from Nevada? ator yields back his time. tirement system, and I believe that Mr. BAUCUS. Absolutely. All time having expired, the question this legislation, The Railroad Retire- Mr. REID. Mr. President, this legisla- is on agreeing to the motion to waive ment and Survivors’ Improvement Act tion is sponsored by Senators BAUCUS section 302(f) of the Congressional has done just that.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12394 CONGRESSIONAL RECORD — SENATE December 5, 2001 This legislation represents a bal- very special occasion, not only in his Durbin Johnson Roberts Edwards Kennedy Rockefeller anced benefits package that together life but in the life of the Senate as Ensign Kerry Santorum with phased-in tax cuts can provide well. Enzi Kohl Sarbanes and ensure the financial integrity of (Applause, Senators rising.) Feingold Landrieu Schumer the Railroad Trust fund. This bill in- Mr. THURMOND. I love all of you Feinstein Leahy Sessions Fitzgerald Levin Shelby troduces sound investment techniques men, but you women even more. Frist Lincoln Smith (OR) into the effort to make better use of re- Mr. LOTT. Mr. President, I observe Graham Lugar Snowe sources built up by railway employees Senator THURMOND’s microphone was Grassley McCain Specter Hagel McConnell Stabenow many who live in my home State of Or- not on at that moment. I do want to Harkin Mikulski Stevens egon. observe also on this very happy 99th Hatch Miller Thompson The legislation relies upon a number birthday, he is looking rather dapper Hollings Murkowski Thurmond of features to ensure the fund will meet today. He asked if perhaps the tie was Hutchinson Murray Torricelli Hutchison Nelson (FL) Voinovich its benefit obligations to retirees: a little too bright, and I said, no, it was Inhofe Nelson (NE) Warner Fund Reserves. The legislation maintains befitting of him on this special occa- Inouye Reed Wellstone four to six years worth of benefits in reserve sion. Jeffords Reid Wyden as a safety margin. We all extend our birthday wishes NAYS—9 Automatic Tax Adjustment. Tax rates on and very best wishes for the future to Allard Helms Nickles employers and employees will be adjusted Senator THURMOND. He has been an ex- Gramm Kyl Smith (NH) automatically in an effort to maintain a ample and an inspiration to all of us. Gregg Lott Thomas fund balance sufficient to pay between four and six years of benefits. He has been a tremendous servant for NOT VOTING—1 Asset Management. Assets will be managed the people of South Carolina. I have Lieberman much like private pension funds, providing known very few people in my life more The bill (H.R. 10) was passed. the opportunity to earn higher rates of re- dedicated to their job and to the people Mr. BAUCUS. Mr. President, I move turn than the current 6 percent rate of re- they represent. We are just so very turn. Higher returns will provide additional to reconsider the vote. proud of Senator THURMOND and extend Mr. SARBANES. I move to lay that funds for benefit payments and reduce the him our very best wishes. Thank you, need for high payroll taxes. motion on the table. sir. The motion to lay on the table was I have been particularly worried (Applause, Senators rising.) agreed to. about the plight of widows and wid- Mr. THURMOND. Thank you very Mr. BAUCUS. Mr. President, I ask owers of retired railroad employees. much. I want to thank all of you. I ap- unanimous consent that the title Under current law, their monthly preciate every one of you, especially amendment be agreed to and the mo- checks actually decline by two-thirds you ladies. You’re all good looking. tion to reconsider be laid upon the when a spouse dies. I believe this trust God bless you. table. fund can do better by these widows and (Applause, Senators rising.) The PRESIDING OFFICER. Without widowers and am happy that this legis- f objection, it is so ordered. lation calls for the surviving spouse to The title amendment was agreed to. receive 100 percent of what the retired COMPREHENSIVE RETIREMENT SE- The PRESIDING OFFICER. The Sen- employee was entitled to. Almost 50,000 CURITY AND PENSION REFORM ator from Montana. retirees will be affected by this provi- ACT OF 2001—Continued Mr. BAUCUS. Mr. President, I thank sion. all those who worked so assiduously, The PRESIDING OFFICER. The clo- Further, this legislation allows the thoughtfully, and carefully on this bill. ture motion is vitiated and the clerk industry to reduce the burdensome There are lots of people I could com- will read the bill for the third time. payroll tax it now carries to provide mend. Two people I particularly com- The amendment was ordered to be benefits. A three percentage point drop mend are on my staff: Tom Klouda and engrossed and the bill to be read a in payroll taxes is phased in over three Alan Cohen, who are sitting at my left. third time. years. The payroll tax was a very real They know this issue inside and out The bill was read a third time. disincentive to hiring employees or re- and have been of invaluable service to The PRESIDING OFFICER. Under placing retirees and it frees up capital me personally. I just want them to the previous order, the bill having been for other expenditures. know how much I appreciate their very read the third time, the question is, I am sure that the relatively swift fine work. They have done a great job. passage of this reform legislation is Shall the bill pass? Mr. President, I yield the floor. welcome by those in the Railroad in- Mr. BAUCUS. Mr. President I ask for The PRESIDING OFFICER (Mr. dustry and urge all my colleagues, in- the yeas and nays. NELSON of Florida). The Senator from cluding the 75 cosponsors of this bill in The PRESIDING OFFICER. Is there a West Virginia. the Senate, to continue to give it sufficient second? There is sufficient Mr. ROCKEFELLER. Mr. President, I strong backing to ensure these needed second. ask unanimous consent to address the improvements are enacted and bene- The clerk will call the roll. Chamber as in morning business. ficiaries see these desperately-needed The assistant legislative clerk called The PRESIDING OFFICER. Without changes. the roll. objection, it is so ordered. Mr. REID. I announce that the Sen- f f ator from Connecticut (Mr. LIEBERMAN) CONGRATULATING SENATOR is absent attending a funeral. UNANIMOUS CONSENT REQUEST— STROM THURMOND ON HIS The PRESIDING OFFICER. Are there H.R. 1291 BIRTHDAY any other Senators in the Chamber de- Mr. ROCKEFELLER. Mr. President, I Mr. DASCHLE. Mr. President, this is siring to vote? ask unanimous consent that the Sen- a historic day in the Senate’s history. The result was announced—yeas 90, ate proceed to the immediate consider- Our colleague, the senior Senator from nays 9, as follows: ation of Calendar No. 194, S. 1088; fur- South Carolina, is celebrating his 99th [Rollcall Vote No. 351 Leg.] ther, that the Rockefeller-Specter sub- birthday today. Bob Dole used to say YEAS—90 stitute amendment at the desk be that he followed STROM THURMOND very Akaka Bunning Collins agreed to, the committee-reported sub- carefully; whatever he ate Bob Dole Allen Burns Conrad stitute amendment be agreed to, as would eat. I have taken on that prac- Baucus Byrd Corzine amended, the bill be read a third time, Bayh Campbell Craig tice myself. Bennett Cantwell Crapo that the Veterans Affairs Committee I congratulate Senator THURMOND on Biden Carnahan Daschle be discharged from further consider- his 99th birthday today and wish him Bingaman Carper Dayton ation of H.R. 1291, the Senate proceed well. We are delighted to serve with Bond Chafee DeWine to its immediate consideration, that Boxer Cleland Dodd him and honored that he is here with Breaux Clinton Domenici all after the enacting clause be strick- us today. We congratulate him on a Brownback Cochran Dorgan en, the text of S. 1088, as amended, be

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12395 inserted in lieu thereof, the bill be read in a technical field. In certain fields, or death. As we send troops into harm’s a third time and passed, the title these certifications are a prerequisite way, it is entirely appropriate that we amendment be agreed to, S. 1088 be re- to employment. ensure that their families’ futures are turned to the calendar, and any state- These courses often last just a few secure. ments related thereto be printed in the weeks or months, and can cost many The bill also enhances home loan pro- RECORD. thousands of dollars. The way MGIB is grams. VA provides a guaranty to The PRESIDING OFFICER. Is there paid out in monthly disbursements is mortgage lenders rather than a direct objection? not suited to this course structure. For home loan to servicemembers and vet- Mr. MCCONNELL. Mr. President, I example, MGIB would pay only $1,344 erans. A VA guaranty allows a veteran object. for a two-month course that could cost to buy a home valued at up to four The PRESIDING OFFICER. Objec- as much as $10,000. times the guaranty amount. The price tion is heard. The percentage of veterans who actu- of homes in major metropolitan areas Mr. ROCKEFELLER. Mr. President, I ally use the MGIB benefits they have has increased significantly in the last must say that I am mystified as to why earned and paid for is startlingly low— several years, yet the VA guaranty there would be an objection to pro- 45% of eligible veterans, according to amount has not been increased since ceeding to consideration of this bill. I VA’s Program Evaluation of the Mont- 1994. realize that the objecting Senator is gomery GI Bill published in April This bill would increase the home not the one holding up passage of this 2000—despite almost full enrollment in loan guaranty amount to support a important piece of veterans legislation. the program by servicemembers. By in- loan of up to $252,700, keeping pace But as the hold is anonymous, I would creasing the flexibility of the MGIB with FHA loan guaranties. It would ask whichever one of the Senators program, we will permit more veterans also extend for 4 years the authority across the aisle is holding the bill to to take advantage of these benefits. We for housing loan guaranties for mem- please come and speak to me to let me should give veterans the right to bers of the Selected Reserve, currently know the nature of the objection. As choose whatever kind of educational set to expire in 2007. Reservists must far as I know, the Committee’s Rank- program will be best for them. serve 6 years in order to become eligi- ing Member also has no idea who has This legislation would modify the ble for a VA-guaranteed loan. In order objected to the bill. This bill was voted payment method to accommodate the for the home loan to be used as a re- unanimously out of Committee and is compressed schedule of the courses. cruiting incentive now, the benefit completely lacking in controversy. Specifically, it would allow veterans to must be authorized beyond 6 years. More specifically this bill makes sig- receive an accelerated payment equal Another provision of the bill would nificant enhancements to educational to 60 percent of the cost of the pro- correct an unintended exclusion of cer- benefits for veterans and their fami- gram. This is comparable to VA’s tain Gulf War veterans from eligibility lies. The original GI Bill allowed a gen- MGIB benefit for flight training, for for service-connected benefits. Our ef- eration of soldiers returning from which VA reimburses 60 percent of the forts to explain symptoms reported by World War II to create the booming costs. The dollar value of the acceler- many troops returning from the 1991 post-war economy, and, in fact, the ated payment would then be deducted Gulf War have been frustrated by in- prosperity that we enjoy today. To- from the veteran’s remaining entitle- conclusive scientific data and by poor day’s Montgomery GI Bill, MGIB, mod- ment. This provision would also allow military record keeping during the eled after the original GI Bill, provides courses offered by these providers to be conflict. In 1994, Congress passed the a valuable recruitment and retention covered by MGIB. Persian Gulf War Veterans’ Benefits tool for the Armed Services and begins A provision that is extremely impor- Act to provide compensation to certain to repay veterans for the service they tant right now would preserve edu- Gulf War veterans disabled by have given to our Nation. As a transi- cational benefits for those that must ‘‘undiagnosed illnesses’’ for which no tion benefit, it allows veterans to gain leave their studies to serve on active other causes could be identified. the skills they need to adjust produc- duty in support of the National Emer- Since then, changes in medical ter- tively to civilian life. gency declared in response to the minology have led many Gulf War vet- I am very pleased that the legislation events of September 11th. This provi- erans to receive diagnoses for chronic would increase the MGIB basic month- sion would restore educational entitle- conditions without known cause—such ly benefit by $50 per month this year, ments for recipients of the Mont- as chronic fatigue syndrome and $100 in 2002, and $150 in 2003. I am even gomery GI Bill, Veterans Educational fibromyalgia—which VA has inter- more proud that this bill also takes the Assistance Program, VEAP, and De- preted as precluding them from eligi- next evolutionary step to keep pace pendent’s Educational Allowance, bility for benefits. Section 202 of the with the careers and education that to- DEA, for regular servicemembers and Committee bill would correct this un- day’s veterans require. As our col- reservists who are called up for active intended exclusion by expanding serv- leagues know, many servicemembers duty and who are forced to relocate or ice connection to ‘‘poorly defined leave the military with skills that take on extra work because of their chronic multisymptom illnesses of un- place them in demand for careers in participation in support of the Na- known etiology, regardless of diag- the technology sector. But even these tional Emergency. Their ability to nosis,’’ characterized by the symptoms veterans may require coursework to complete their education should not be already listed in VA regulations. convert their military skills to civilian compromised because they were called Because scientific research has still careers. The bill would allow veterans up in our fight against terrorism. determined neither the cause of vet- to use their Montgomery GI Bill edu- The bill would also increase the De- erans’ symptoms nor the long-term cational benefits to pay for short-term, pendent’s Educational Allowance for health consequences of Gulf War-era high technology courses that would dependents and eligible spouses of vet- exposures, and because the Department allow veterans to earn the credentials erans to $690 from $588. This program of Defense recently expanded its esti- they need to gain entry to today’s ci- primarily provides for the children mates of who might have been exposed vilian-sector careers. whose education would be impeded be- to nerve agents, this section also ex- Currently, the MGIB provides a basic cause of the disability or death of a tends the presumptive period for bene- monthly benefit of $672 for 36 months parent due to a service-related condi- fits for Gulf War veterans for 10 more of education. This payment structure tion. In addition, unremarried sur- years. is designed to assist veterans pursuing viving spouses of veterans are gen- This bill would also remove the arbi- traditional four-year degrees at univer- erally eligible for the educational al- trary 30-year limit for manifestation of sities. However, in today’s fast paced, lowance in order to assist them in pre- Agent Orange-related respiratory can- high-tech economy, traditional degrees paring to support themselves and their cers in Vietnam veterans. Current law may not always be the best option. families at the standard-of-living level only provides a presumption in Viet- Many veterans are pursuing forms of that the veteran could have been ex- nam veterans for respiratory cancer if nontraditional training, such as short- pected to provide for his or her family the disease manifested within 30 years term courses that lead to certification but for the service-connected disability of their service in Vietnam. The most

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12396 CONGRESSIONAL RECORD — SENATE December 5, 2001 recent National Academy of Sciences year and a half, 2 years—LANE EVANS have learned a lot. I have grown as a report confirmed that there is no sci- and CHRIS SMITH from the House, Sen- person. I have had to be with a lot of entific basis for assuming that cancers ators ROCKEFELLER, SPECTER, myself. people who don’t see the world the linked to dioxin exposure would occur This is a passion for me, focusing on same way I do, which is good. Veterans with a specific window of time. This homeless veterans. I think about a have been my teachers. There are so provision would eliminate the 30-year third of the adult males of this country many issues I have worked with for limit and allow future claims for Viet- who are homeless are veterans. veterans. This one I feel especially nam veterans’ respiratory cancers, ir- It is a scandal what we do with this strongly about. It goes back to my respective of the date of manifestation legislation, which passed out of our community organizing days when a lot of the disease. committee 21 to 0 or thereabouts, a of poor people were homeless and many As you can tell, these are important unanimous vote. It may have been a of them were veterans. provisions. But they are also not op- voice vote but a unanimous vote by the I know a lot of these veterans. They posed by anyone, as far as I can see. So committee. What this amendment does come to our office in Minnesota. You why would someone block their pas- is it provides services for veterans who will be at a meeting with some of the sage? What further adds to my confu- are struggling with PTSD, addiction. veterans and guys who are struggling sion is that a very similar scenario Many of these veterans are Vietnam with PTSD. They can’t sit that long. played out just a few weeks ago, with veterans. I used to spend a lot of time They will get up every 10 minutes. the very delayed passage of legislation organizing the street people. This was They will leave, and then they will to improve programs to homeless vet- long before I ran for the Senate. Many come back. They are really struggling. erans. As America honored its veterans of them were veterans. Many of them So are a lot of other veterans. on Veterans Day, a member of the Sen- were Vietnam veterans. Don’t you think it is a scandal that ate was blocking legislation to help This legislation provides job training so many homeless people today in our those who have put their lives on the assistance. It also enables veterans to country are veterans and many of them line defending this country but who try one-stop shop places where vet- Vietnam vets? Don’t you think it is a have fallen on hard times. erans can get the help they need and scandal that there is an anonymous How is it, at a time when our Nation tries to move people into affordable hold on its consideration on the floor is at war and the resounding call of pa- housing. of the Senate? triotism rings in our ears a Senator or There is an anonymous hold. I went I was asked yesterday by a journalist Senators is playing penny ante par- through this on this veterans homeless whether or not the Senate’s former ma- tisan politics with legislation to help bill four or five times before Thanks- jority leader, TRENT LOTT, violated his veterans, servicemembers and their de- giving. I know the Senator from Mon- word. Absolutely not. We went through pendents? Everyone is now flying the tana himself is not the one who ob- this before Thanksgiving. Everybody American flag. It is time that we act to jects. This is an anonymous hold. wanted to get this bill through dealing honor those who carried it into battle. My hold is not anonymous. I an- with the Internet and taxes or not Again, I request that whomever has nounced yesterday, I have a hold on taxes. The agreement was that the bill placed a hold on this bill please come every single piece of legislation, every I had would go through and so then I to speak to me I look forward to work- resolution that is nonemergency. We took the hold off other legislation. ing with this colleague to resolve what- do a lot by unanimous consent in the Now we have something that has ever impediments there are to Senate Senate. We have unlimited debate. I come back from the House, we passage of this bill. love the Senate for that reason. We preconferenced it, and Representatives f have unlimited amendments. I love the CHRIS SMITH and LANE EVANS worked Senate for that reason. hard on that. It is a better version. I UNANIMOUS CONSENT REQUEST— One of the ways we get a lot done is love working with other people. Now H.R. 2716 we work this through committees. We we have this anonymous hold. Mr. WELLSTONE. Mr. President, I massage it. We get everybody together There are three issues here. No. 1, I thank my colleague, Senator ROCKE- and get consensus and we pass bills by thought we were doing some reform FELLER, who is chair of the Veterans’ unanimous consent. here on anonymous holds. I don’t know Committee for his work. As a member Since this is an anonymous hold, my what in the world is happening. Some- of the committee, I am very proud to hold is not anonymous. I have a public thing has broken down because, obvi- support his request. hold on every piece of legislation now ously, people continue to do it. That is I say to the Senator from West Vir- from the other side until this passes. I No. 1. ginia, he has outlined, in this legisla- had to do that before Thanksgiving. I Second is the substance. I don’t real- tion passed out of the committee, a set have to do it again. ly know what the objection can be to of benefits that are so important to This did not come up just yesterday. this legislation. I don’t know why a veterans. Yet it is being blocked by an We have been working on this matter Senator would be opposed to getting anonymous hold. for the last couple of years. Anybody more resources and providing more I also now ask unanimous consent— who objects can come out here and ob- help to veterans who are homeless. I this is another piece of legislation that ject. We can debate it. I will say to my don’t understand it, but I would like to I worked on together with Senator colleagues that this is truly reprehen- see somebody come out and debate it. ROCKEFELLER—that the Senate proceed sible. Third, I was asked about the motiva- to the immediate consideration of Cal- It is not just the playing games. I use tion. One more time, I have no idea endar No. 201, H.R. 2716; that the my leverage to fight for what I believe. what the motivation is. I don’t know Rockefeller-Specter substitute amend- In this particular case I am going to what is going on here politically. But I ment be agreed to; the act, as amended, fight for veterans. I am proud to do so. will say this. I can promise my col- be read a third time and passed, the It has been among the most meaningful leagues that no other legislation is motion to reconsider be laid upon the work I have ever done as a Senator. going to move unless it is an emer- table, and that any statements related I am not a veteran. I was very in- gency. My hold is not anonymous. No thereto be printed in the RECORD. volved in the war against the Vietnam resolutions, no other legislation. Pret- The PRESIDING OFFICER. Is there war. When I was elected to the Senate, ty soon, I might even get to nomina- an objection? I had some contact with veterans but tions in a day or two. That is what I Mr. BURNS. Mr. President, I object. not much. I was a college teacher in will do until this passes. The PRESIDING OFFICER. Objec- Northfield, MN. I knew some of the I yield the floor. tion is heard. veterans but not well. The PRESIDING OFFICER. The Sen- The Senator from Minnesota. I especially didn’t understand a lot of ator from Arizona is recognized. Mr. WELLSTONE. Mr. President, the World War II veterans. I didn’t Mr. KYL. Mr. President, I ask unani- this is legislation that didn’t just come know them. The best thing that has mous consent to speak for no more up yesterday. It is something any num- ever happened to me—I am not being than 5 minutes on the subject of a col- ber of us have worked on for the last melodramatic—as a Senator is that I umn I will talk about.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12397 The PRESIDING OFFICER. Without But enforcing a law isn’t trampling on civil questions about how he is handling his objection, it is so ordered. rights just because enforcement previously investigations and how the military Mr. WELLSTONE. Mr. President, I has been lax. commissions will work. I note that the The Bush administration has been roundly ask unanimous consent to follow Sen- criticized for wanting to ask questions of President’s order to the Defense De- ator KYL. young men from Middle Eastern countries. partment to develop the procedures for The PRESIDING OFFICER. Without Given that all of the hijackers were of a military commissions has not yet re- objection, it is so ordered. similar background, as are overwhelmingly sulted in the rules and regulations, and f the members of al-Qaida, that’s a perfectly rules of evidence and procedures, and sensible desire. so on, at least as far as I know. So it is PRESIDENT BUSH’S SECURITY These interviews are voluntary at a time premature to criticize those rules. MEASURES of war. The adverse reaction to them is more In the Judiciary Committee yester- Mr. KYL. Mr. President, I ask unani- revealing of the character of the critics than day we heard from two eminent law of the administration. mous consent to have printed in the Then there are the potential military tri- professors, who I am sure would be RECORD at this point a column in the bunals for foreign combatants. Under Presi- happy to be called liberal in their po- December 5 edition of the Arizona Re- dent Bush’s executive order, he must person- litical ideology: Laurence Tribe, with public, the primary newspaper in my ally designate someone for such a trial. A whom I have worked and for whom I hometown, Phoenix, written by Robert military tribunal would consider evidence have a lot of respect; and Cass Robb. with probative value, although classified in- Sunstein; as well as two Republican There being no objection, the mate- formation could be reviewed in camera, or in witnesses, both with significant experi- rial was ordered to be printed in the a judge’s private office. Defendants would ence in this area. All four agreed this have procedural rights and an attorney. RECORD, as follows: We are at war. Having such a mechanism was the kind of circumstance that jus- CRITICS OF BUSH SECURITY MEASURES FORGET in place may be important to protect the se- tified the creation of military commis- WE’RE AT WAR curity of the United States. Having the op- sions and, indeed, that such commis- A democracy at war remains a democracy. tion poses no threat to civil liberties. Wheth- sions were constitutional. The two That means that the government’s poli- er such tribunals adequately protect defend- more liberal professors said they would cies, including the conduct of the war, re- ant rights and fairly administer justice can make some changes around the mar- main appropriate subjects for discussion and only be ascertained in practice. gins. But nobody questioned the au- Senate Judiciary Chairman Patrick Leahy, debate. thority of the United States of Amer- To underscore that point, and highlight D-Vt., is going to bring Attorney General the contrast with the fascist enemy, Winston John Ashcroft before his committee to an- ica to set up these tribunals in order to Churchill continued the practice of the swer inflated civil rights concerns. This is take care of those people who might be prime minister standing for questions before supposedly part of Congress’ vaunted over- captured, particularly in the Afghani- Parliament during World War II. sight function, which receives no mention in stan situation, or said it would not be As Churchill put it in his war memoirs: the Constitution. appropriate to try to bring them to jus- ‘‘(A)t no time was the right of criticism im- Meanwhile, Leahy is neglecting the clear tice under our article III court system paired. Nearly always the critics respected constitutional duty to act on judicial nominations. in the United States. the national interest.’’ I point that out to ask my colleagues Churchill’s description connotes a higher Leahy would better serve the nation by standard of conduct than ordinarily pertains bringing some judges before his committee to look at this column. I think it is in a democracy for those who criticize war for confirmation, rather than trying to un- very well written. It makes the point policies, to be careful about facts and fair fairly put Ashcroft in the dock. of what we need to be considering when about issues, to check the customary polit- Mr. KYL. Mr. President, I wanted to we characterize the issue as a zero sum ical hyperbole, grandstanding and posturing. insert this column in the RECORD not game, which it is not. We don’t need to The critics of the Bush administration’s only because the author is one of the deprive anybody of appropriate civil war policies are beginning to fail this higher best writers from my hometown news- liberties at the same time we are en- standard. This is, in part, because President Bush paper, and frequently has very wise suring the security of the United failed to ask for a formal declaration of war things to say, but also because his col- States and its citizens from terrorist against al-Qaida, the Taliban and other spec- umn is right on point for something attacks. ified terrorist organizations. that has been troubling me. The title is I thank the Chair. The bombs falling in Afghanistan should ‘‘Critics of Bush Security Measures The PRESIDING OFFICER. The Sen- have settled the question. But without a for- Forget We Are at War.’’ ator from Minnesota is recognized. mal declaration, there are still those who The point he is trying to make is Mr. REID. Will the Senator withhold want to treat this as a law-enforcement ac- that in this question of deciding how for a unanimous consent request? tion, rather than as a war. Mr. WELLSTONE. Yes. But a war it is, and it has a domestic as we are going to make Americans more f well as foreign front. secure from terrorist attack, some peo- Enemies of the United States entered the ple are getting carried away in the ex- ORDER OF PROCEDURE country, stole airplanes and killed thousands pression of concerns about the civil Mr. REID. Mr. President, I ask unan- of Americans. The government believes that rights or due process rights of people there are other enemies still in the United imous consent that the previous order who might be the subject of military with respect to the debate time prior States who plan to commit similar acts of commissions or other investigations by violence. to the cloture vote on the motion to One of the war fronts is finding and inca- our law enforcement or military people proceed to S. 1731 be changed to reflect pacitating those enemies living within. in connection with this war on ter- that the time begin at 11:45 a.m. today, Critics now casually and routinely depict rorism. and that the time until 11:45 a.m. be a the efforts of the Bush administration to do I think he makes a good point. His period of morning business with Sen- so as an assault on civil liberties. essential point is that it is not a zero ators permitted to speak therein for up There were reasons to object to certain sum game, that we can both provide for provisions of the anti-terrorism legislation, to 5 minutes each, with the remaining the security of our citizens on the one provisions of the previous order re- and, indeed, I so objected. hand and, on the other hand, ensure But the actual powers granted the govern- maining in effect. ment by the legislation are routinely that American citizens will always The PRESIDING OFFICER. Without mischaracterized in the public debate. More have their due process rights, and even objection, it is so ordered. importantly, the general charge that the for those who are not American citi- Mr. REID. I thank the Chair. Bush administration is trampling on civil zens, who become the equivalent of The PRESIDING OFFICER. The Sen- liberties is irresponsible hyperbole not justi- prisoners of war, and that the United ator from Minnesota is recognized. fied by the record to date. States, through procedures developed f The administration has detained a handful for the military commissions, will of people as material witnesses, as permitted treat them fairly. I think that is a very MENTAL ILLNESS by the grand jury laws. It is detaining a larg- DISCRIMINATION er number on suspected immigration law legitimate point to make. violations. The Attorney General is going to be Mr. WELLSTONE. Mr. President, Clearly, the administration is selectively before the Judiciary Committee, and when I was speaking about the home- enforcing long-neglected immigration laws. he will be asked to respond to a lot of less veterans, many who struggled, I

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12398 CONGRESSIONAL RECORD — SENATE December 5, 2001 wanted to bring colleagues up to date Do my colleagues know that in our Senators HARKIN and SPECTER are our about the whole issue of discrimination Medicare program, if one goes under key leaders. Hold the line. I have come against people who are struggling with part B to see a doctor for a physical ill- here to appeal to House Members to mental illness. ness, it is a 20-percent copay. If you not kill this bill, and I have come to It is difficult to believe that in the struggle with depression and go to see appeal to the White House: We need year 2001 there is a whole class of citi- someone for help, it is a 50-percent your help. This is the perfect example zens—probably well over 20 percent of copay. That is blatant discrimination. of compassionate conservatism. It is a the families in this country have a That should end. matter of ending the discrimination. loved one who struggles with mental Senator DOMENICI and I—I thank him Kay Jameson, who has written some illness—certainly, all of us know some- for his work; it has been an honor to brilliant books and just won a one who does—and they face discrimi- work with him—bring this bill to the McArthur Foundation Genius Award— nation. There still is a tremendous floor. There has never been a hearing she deserves it—has written that the stigma attached to people who struggle in the House of Representatives on the gap between what we know and what with mental illness. I remember testi- problem of discrimination. We offered we do is lethal. The tragedy to all this mony from a doctor who said that an amendment to the Labor-HHS ap- is that these illnesses—I mentioned de- when someone is in a hospital and they propriations bill. We had 66 Senators pression as one example; I could men- have had surgery for cancer and they who signed on, and it passed out of the tion many others as well—are have had chemotherapy or radiation HELP Committee 21 to 0. We passed it. diagnosable and treatable, in fact, with treatments and they come home, Then it went to the conference com- a far greater success rate than many of neighbors gather around and give them mittee. the physical illnesses. support. Do you know what. That is ex- I am speaking for myself, not for My wife Sheila and I started going to actly the way it should be. Senator DOMENICI or any other Sen- some gatherings with an organization Often, if it is somebody who struggles ator. It is clear what is going on. We called SAVE which was started by Al with mental illness and they get out of are in a fierce fight, but it is one of and Mary Ann Kluzner in Minnesota. a hospital, you don’t see neighbors these fights that is not as open and Al Kluzner is a Republican. I hope gathering around and saying we want public as one would want. Robert Pear Mary is not. I am teasing. to support you. It is still considered by wrote an update about this issue in the The point is, this illness does not too many to be a moral failing, even New York Times today. Thank good- know any political party boundaries. It though it is a brain disease. ness. does not know any economic bound- There was an editorial today—and I Overall it is hard to get the public’s aries. SAVE is an organization of fam- will not read from it because I think attention on this issue. There is a ily members who lost loved ones to sui- Senator DOMENICI will—from the L.A. fierce fight going on. The insurance in- cide. One feels that it is their own fault Times that is so powerful, calling for dustry has gone to a couple of people in where all the evidence shows this is a parity and ending the discrimination the House and has basically said: Kill brain disease. It used to be it was for this brain disease. it. Thanks to the work of PATRICK KEN- maybe 50 people coming together, and Unfortunately, this discrimination is NEDY, MARGE ROUKEMA, and others in sometimes now the gatherings are 300 reflected in the coverage. What we the House, I believe there are around and 400 people. This is all about mak- have right now in so many health care 250 House Members who have signed a ing sure they get the help. This is all plans around the United States of letter saying: Keep this in the con- about making sure that the illness is America, if you or your loved one—and, ference committee, pass it, end the dis- treated. This is all about preventing again, I am so sorry I don’t have the crimination. suicide. This is all about dealing with a figures with me. Just take suicide If we ended the discrimination, it broad range of mental illnesses that af- among young people. Suicide kills would be civil rights. We would end the fect adults and children throughout more young people than cancer and discrimination in treatment for people our country, and yet we have this dis- about six, seven, or eight other terrible who struggle with this illness. Believe crimination. We do not even tell the diseases we all hear about. me, I say to my colleagues, it is an ill- plans they have to provide the cov- Suicide in Minnesota is the second ness. It is for real. erage. I want to. We just say if you leading cause of death in young people. Second, if there is money in the have mental health coverage, treat it Nationwide it is the third. Your son or plans, the care will follow the money, the same as physical health. There daughter is severely depressed and you and a lot of kids will get help rather should be no discrimination. need help. You are told you have a few than winding up incarcerated. A lot of This insurance industry has tried to days in the hospital, and that is it. You people will get help rather than wind- put the fix in and stop this in con- can have some outpatient visits out- ing up homeless. A lot of adults will ference committee. side the hospital, but just a few days, get help rather than winding up in pris- I am still hoping we can get the sup- and that is it. Also, the copays and on. A lot of people will not miss as port from the White House. I am still deductibles are very high; in other many days at work and be more pro- hoping we can pass this legislation be- words, what you have to pay before ductive and families will be better off. cause the consequences are so tragic if there is any coverage or the percentage There will be fewer problems. This is we fail to pass it. you have to pay. the thing to do. It is the right thing to Mr. President, I will stop, otherwise I It is completely different if your do. will go on for hours. I yield the floor child has diabetes or a heart condition The CBO says it will cost 1 percent and suggest the absence of a quorum. or a broken ankle. We would not do increase in premiums. That is it. Not The PRESIDING OFFICER. The that to people. We would not say: OK, to mention the $70 billion David clerk will call the roll. you struggle with this disease, diabe- Satcher, our Surgeon General, said we The legislative clerk proceeded to tes; you are in the hospital a few days spend as a result of our failure to pro- call the roll. and then you are out or you can only vide the treatment for people. Mr. Mr. MURKOWSKI. Mr. President, I see your doctor so many times and President, $70 billion over 5 years is ask unanimous consent that the order there is no more coverage. $350 billion. It is not only morally the for the quorum call be rescinded. Even in our Medicare system, which I right thing to do, it is economically The PRESIDING OFFICER (Mr. want us to change as well—by the way, the right thing to do. It is 2001. We WELLSTONE). Without objection, it is so the highest percentage population of should have done this 100 years ago. ordered. suicide is with the elderly. People do The insurance industry marches on f not realize that. All too often we say: Washington, DC, every day, and they Oh, well, if I was 80 and I was having a put the word out, they put the fix in: COMPREHENSIVE ENERGY POLICY hard time walking, I would be de- Kill it in conference. Mr. MURKOWSKI. Mr. President, it pressed, too. It is incredible the way we I have come to the Chamber of the is my understanding that the majority trivialize this illness and the way we Senate today to ask my colleagues to will be introducing a comprehensive discriminate. please be strong and hang in there. energy bill this morning or perhaps

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12399 early this afternoon. I want to make afforded the opportunity to see this I ask unanimous consent that a re- my views known on that because it legislation until it was introduced. I lease from the chairman of the com- represents a departure from tradition find it rather disappointing and I guess mittee dated October 9 be printed in in the Senate of bipartisanship within somewhat humorous that so much fan- the RECORD. the Energy and Natural Resources fare has been linked to this bill’s intro- There being no objection, the mate- Committee. duction when in fact it is the second rial was ordered to be printed in the I believe we can anticipate the Demo- time this year alone we have had a RECORD, as follows: cratic leader and the chairman of the similar occurrence. The leadership has From: Jeff Bingaman, Chairman, Senate Committee on Energy and Natural Re- taken over the responsibility of the Committee on Energy and Natural Re- sources will be introducing their bill committees of jurisdiction and basi- sources. this afternoon. This will not have any cally proposed to introduce legislation ENERGY COMMITTEE SUSPENDS MARK-UPS; input from the minority. that does not reflect the input of the WILL PROPOSE COMPREHENSIVE AND BAL- I am pleased, on the one hand, to see minority. This was done first in the Fi- ANCED ENERGY LEGISLATION TO MAJORITY finally some acknowledgment by the nance Committee on the stimulus bill. LEADER other side of the aisle that energy is I am a member of the Finance Com- At the request of the Senate Majority important to our Nation’s security and mittee, and I participated in the effort Leader Tom Daschle, Senate Energy & Nat- ural Resources Committee Chairman Jeff it should be a priority of this Congress. where the majority leader and the Bingaman today suspended any further I think it is also important to note— chairman of the committee basically mark-up of energy legislation for this ses- and I ask unanimous consent that the introduced their version of stimulus sion of Congress. Instead, the Chairman will recent poll of the Ipsos-Reid Group be and we found we had no input in it so propose comprehensive and balanced energy printed in the RECORD—76 percent of we were at a stalemate. Now we see legislation that can be added by the Majority Americans have indicated energy where we are on stimulus today. We Leader to the Senate Calendar for potential should be taken up as the No. 1 priority are negotiating with basically the au- action prior to adjournment. of this body. Noted Bingaman, It has become increas- thority of the majority of two over the ingly clear to the Majority Leader and to me There being no objection, the mate- minority of one. We are not going to that much of what we are doing in our com- rial was ordered to be printed in the have opportunities to amend or even mittee is starting to encroach on the juris- RECORD, as follows: hardly be heard on our views, which I dictions of many other committees. Addi- CITIZENS FOR REAL ENERGY SOLUTIONS think is unreasonable, unhealthy, and tionally, with the few weeks remaining in ENERGY POLL SUMMARY—NOVEMBER 14, 2001 undemocratic, but this is what was this session, it is now obvious to all how dif- 95 percent of Americans believe it is done as well in the Energy and Natural ficult it is going to be for these various com- ‘‘very’’ or ‘‘somewhat important’’ for the Resources Committee. mittees to finish their work on energy-re- government act on energy issues. Only ‘‘se- There is no question the need for a lated provisions. Finally, and perhaps most importantly, curity’’ is a higher priority than energy comprehensive energy policy is a crit- among voters today. Bingaman said, the Senate’s leadership sin- ical and pressing issue for this Nation cerely wants to avoid quarrelsome, divisive 72 percent believe that energy issues are a and for this institution. At the begin- higher priority than before the September 11 votes in committee. At a time when Ameri- attacks and the war on terrorism, including ning of this Congress, I sought out my cans all over the world are pulling together 70% of Democrats. This means 72 percent of colleagues on the other side of the aisle with a sense of oneness and purpose, Con- people think energy is a higher priority than and did what we could to get together gress has an obligation at the moment to it was when the House passed HR 4 by a wide, to introduce comprehensive energy leg- avoid those contentious issues that divide, bipartisan margin. (240–189, with 36 Demo- islation. I think we tried to reflect rather than unite, us. crats voting in favor) Bingaman will continue to consult and their interests in the bipartisan and build consensus with members of his com- 86 percent think ‘‘decreasing dependence traditional way the committee worked. on foreign oil and gas is important to na- mittee, with other committee chairs and tional security’’ S. 388 and S. 389, which were the Mur- with other Senators as he finalizes a pro- Two-thirds (67%) of those surveyed agree kowski-Breaux bipartisan bills, while posal to present to the Majority Leader. that opening ANWR can be done in an envi- not perfect, met the requirement and Mr. MURKOWSKI. The letter says: ronmentally sensitive manner. 53% of Demo- remain the only bipartisan comprehen- At the request of Senate Majority Leader crats believe it. sive energy measure introduced in the Tom Daschle, Senate Energy and Natural Of those who have ‘‘read, seen, or heard Senate. I did not think and I still Resources Committee Chairman Jeff Binga- anything about the Bush Administration’s refuse to accept that the energy needs man today suspended any further markup of National Energy Policy,’’ supporters out- of this Nation should be a partisan energy legislation for this session of Con- number opponents by an overwhelming 60 gress. percent to 26 percent. issue, but evidently those on the other And finally, 73 percent of those we polled— side believe they have a better energy Now that is pretty blatant, in my including a majority of Democrats—find bill and can do it better without us. opinion, taking the authority away President Bush’s repeated calls for the Sen- The PRESIDING OFFICER (Mr. NEL- from the committee. So much for the ate to pass energy legislation to be sufficient SON of Florida). Under the previous legislative process, the value of the reason to act. order, the Senator from Alaska has committee process, or the interests of [The surveys were conducted by Ipsos-Reid, only a few seconds remaining. Under this Nation and our fellow citizens. So an international public opinion and market much for the majority leader and the research firm, from Oct. 5—Nov. 10 and from the previous order, at 11:45 a.m., other Nov. 9–12, 2001. These polls were based on business will intervene. chairman of the Energy Committee de- randomly selected samples of 532 and 733 Mr. MURKOWSKI. Mr. President, I fending the Standing Rules of the Sen- adult Americans, respectively. With samples ask unanimous consent that I be al- ate and the rules of the Committee on of these sizes, the results are considered ac- lowed 7 minutes to finish. Energy and Natural Resources. curate to within ± 4.3 percentage points and The PRESIDING OFFICER. Without Why was this extraordinary action ± 3.7 percentage points respectively. objection, it is so ordered. taken? According to a press release, as Mr. MURKOWSKI. While there is Mr. MURKOWSKI. Mr. President, en- I have indicated, the Democratic leader some satisfaction in seeing that the ergy should not be a partisan issue. For made this decision because he wanted majority has agreed to prioritize en- over 3 months, our Committee on En- to avoid, ‘‘quarrelsome, divisive votes ergy, on the other hand I am abso- ergy and Natural Resources has been in the committee.’’ The fact is we had lutely dismayed at the partisan nature effectively dissolved. The committee the votes in the committee to pass it in which this bill was put together and was closed while this document was out, and it was generally known. It was the extraordinary means taken to re- put together behind closed doors, with known by the chairman, it was known move the bill from the committee’s ju- no input from the minority. by the majority leader, and it was risdiction. The Democratic leader has selected known by the majority. I am going to spend my time today his deputies and their special interests, One of the purposes of the committee talking about the process rather than whatever agreements were arrived at is to test various proposals to provide the substance since neither I nor most in deference to the Senate and the the Senate with consideration and a of the other members of the Committee committee rules, blatantly bypassing recommendation. Our distinguished on Energy and Natural Resources were the committee of jurisdiction. President pro tempore, Senator BYRD,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12400 CONGRESSIONAL RECORD — SENATE December 5, 2001 noted in his remarks on the history of mittee members the opportunity to ad- provisions dealing with the develop- the Senate that the use of committees vise the Senate is reprehensible. The ment and transportation of natural gas in legislative bodies predated the first majority leader has abolished one of owned by the State of Alaska. These Congress. There are records of joint the standing committees of the Senate provisions were again developed behind committees of the House of Lords and and crafted partisan legislation behind closed doors without consultation to the House of Commons in the English closed doors with special interests either the Senators or the Governor of Parliament in the 1340s. This history is without a whimper from the press. It is our State. especially instructive when he dis- abundantly clear now this has been the Finally, make no mistake about it. cusses the reforms that have occurred, strategy all along and that all rhetoric While I support opening the gas line especially those that opened the com- about national energy security and bi- from Alaska, I am not here in the mittee process and limited the auto- partisanship has been empty talk, de- Chamber criticizing the companies, cratic power of committee chairs. void of any substance. We can write the which is what many of our Democratic Senator BYRD’s discussion of these Democratic speech now as the leader friends have done. As a consequence, I reforms in the 1970 Legislative Reorga- pleads with colleagues not to offer divi- will have far more to say about the ma- nization Act is particularly relevant. sive amendments. jority leader’s proposal once we are He quoted William White’s description We hear the partisan calls: We want- given the courtesy of seeing it. Unfor- in the Senate committee in the mid- ed to move an energy bill, but some tunately, its introduction comes with a 1990s as ‘‘an imperious force. Its chair- Members insisted on offering amend- heavy price of the Senate and the Com- man, unless he is weak and irresolute, ments that he did not like, amend- mittee on Energy and Natural Re- is, in effect, an emperor.’’ ments that should have been dealt with sources. The 1970 reforms were intended to in committee. We can probably imag- I suggest the absence of a quorum. curb that power and open the process. ine the editorials now, castigating Re- The PRESIDING OFFICER. The The majority of the committee were publicans for not accepting whatever clerk will call the roll. given the power to call a meeting if the may be in the proposal that it is about The legislative clerk proceeded to chairman refused, and I obviously have to be unveiled. call the roll. not gone to that extent. We need an energy policy in this The PRESIDING OFFICER. The Sen- Later reforms opened our business country. This Nation deserves better ator from North Dakota. meetings, with a few exceptions, to the than this travesty. The American pub- Mr. CONRAD. Mr. President, I ask public. Rule 16–3: to fix regular bi- lic deserves a fair, honest, and open de- unanimous consent that the order for weekly or monthly meeting days for bate on this critical issue. We need the quorum call be rescinded. the transaction of business before the conservation, we need efficiencies. We The PRESIDING OFFICER. Without committee. Further, the committee need additional research. We need de- objection, it is so ordered. shall meet on the third Wednesday of velopment. We need to deal with our Mr. CONRAD. Mr. President, is the each month while Congress is in ses- infrastructure and our domestic supply time running on the one-hour provided sion for the purpose of conducting busi- for developing and refining transpor- for debate on the agriculture bill? ness. Neither the Standing Rules of the tation and transmission. We certainly The PRESIDING OFFICER. It has Senate nor the committee rules pro- need to provide for the security of our not yet begun to run. vide an exception for the Democratic energy supplies. Mr. CONRAD. When will that begin? leader to abolish committees or order Maybe we are now at the stage where f them to cease activities whenever the country will have to live with a AGRICULTURAL, CONSERVATION, there is a likelihood that there may be take-it-or-leave-it package, cobbled to- AND RURAL ENHANCEMENT ACT a bipartisan action that would conflict gether in some back room by the OF 2001—MOTION TO PROCEED with his particular agenda. Democratic leader. But this Nation de- Those rules, according to the Demo- serves better. The Members of both The PRESIDING OFFICER. Under cratic leader, now do not apply to the sides of the aisle who serve on the En- the previous order, there is now 1 hour Committee on Energy and Natural Re- ergy and Natural Resources Committee of debate, evenly divided between the sources. I ask why. The reason is clear. deserve better. We deserve the oppor- leaders or their designees prior to a We have the votes, so he is not going to tunity to debate, discuss, and vote. vote on the motion to invoke cloture let us vote. Apparently whenever it is This is an institution that did not fear on the motion to proceed to the consid- convenient to the Democratic leader, and should not fear debate. eration of S. 1731. the rules of the Senate can now be sus- I brought the nuclear waste legisla- Who yields time? pended and the rights of members of tion to the floor in an open and fully Mr. CONRAD. Mr. President, I note standing committees of the Senate can transparent process last Congress. I the chairman of the Agriculture Com- be abandoned. The majority of the don’t think the distinguished Demo- mittee is here. I yield the floor. members of the Committee on Energy cratic whip, my good friend, the sen- The PRESIDING OFFICER. The Sen- and Natural Resources have been ator from Nevada, would accuse me of ator from Iowa, the chairman of the ready, willing, and able to complete ac- being other than up front and honest Agriculture Committee. tion on a comprehensive bill. with him. Although we disagreed on Mr. HARKIN. Mr. President, we have Yes, there would be votes on amend- the subject, I was always willing to 1 hour equally divided; is that correct? ments. What is wrong with that? Some talk openly. This is the way the Senate The PRESIDING OFFICER. That is would pass and some would fail. I have should work. correct. always been prepared to live with the What has happened here is that not Mr. HARKIN. Mr. President, I look results to bring a bill to the Senate, only have the views of the minority of forward to the vote on cloture. I hope but at least there would be debate in the committee been silenced but the it will be an overwhelming vote. I hope public and an opportunity for all Mem- views of the Members, as well. I am we can move on this bill right away, bers to participate. I believe virtually certain the majority leader will take today. Time is wasting, as they say. all the members of the committee steps on the Senate floor to further re- The clock is ticking. We are here. We share that view. strict amendments. are in Washington. We are ready to do Since the Democratic leader closed One of the interesting things about business. I believe we have a good bill. the committee, there has not been a this is the elastic bipartisanship on I believe we have a very good, well-bal- single business meeting on energy and, this, the comity of the Senate that anced farm bill. It is a 5-year farm bill. in fact, there have been no business normally would have Senators consult We have reported it out of committee. meetings at all. It is a sad state of af- with their colleagues whose States are We are ready to bring it to the floor fairs when the authorizing committee affected by a given measure are also and have it open for amendments that is precluded. falling victim to the Democratic lead- Senators might offer. This abuse of the legislative process er’s assault on the institution. I under- It is a 5-year bill. It is a comprehen- is outrageous. This concentrated ac- stand included in the legislation put sive bill. I think it provides greater im- tion by the leadership to deny the com- forward by the Democratic leader are provements to the farm commodity

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12401 and income protection programs. We about waiting until next year for a conservation cost of crop and livestock are strong on conservation, rural eco- farm bill. Frankly, farmers around the producers, is far short of the resources nomic development. Agricultural trade country need to know what the farm needed. It is not out of money just now, and research has a good provision. program is going to be, and they need but the funding is inadequate for the I will have more to say about my dis- to know soon. need out there. This bill substantially tinguished ranking member, Senator A lot of farmers are going to be going increases funding. LUGAR, and the great work he has done to the bankers right after the first of However, if we do not pass the legis- on agricultural research. the year to get the money they need lation soon, the USDA will not be able We have nutrition assistance pro- for their crops, to put in their crops. to carry out the conservation programs grams, we have a new title dealing What is the banker going to say? adequately during the present fiscal with energy, and of course credit titles ‘‘What is the program going to be? year. Also, the bill will help provide and forestry titles. It is a comprehen- What can you count on?’’ very important and much needed new sive farm bill. I know a lot of the press How are the farmers going to fill out help in the areas of rural economic de- tends to focus only on commodities. the paperwork to go into the banker to velopment, agricultural trade, re- Commodities, obviously, are an impor- get the money they need to plant crops search, credit, nutrition, and renewable tant part of the farm bill. However, if they have no idea what the program energy. So we need to move ahead this farm bill covers other areas across is going to be? without delay. the United States which I will talk That is why it is so important that At some point later on I will take the more about. we finish this legislation and give a time to go through the bill and talk I thank the ranking Republican clear signal to the agricultural com- about the different commodity and member of our committee, Senator munity and the agricultural credit other programs covered in the bill, all LUGAR, former distinguished chairman community just what we are going to the various aspects that are in the bill, of the Senate Agriculture Committee. I have for next year. but I do not believe that is necessary The other reason is—and I will be re- very much enjoyed working with him right now. We are coming up to a clo- peating this data over and over again and his staff, developing this bill. I can ture vote. I basically wanted to take as we go through the debate on the say without any hesitation that we the floor to say why it is so necessary farm bill—that there really is a crisis have had a very high level of coopera- we move ahead and not delay this bill in rural America, since soon after the tion and a bipartisan working relation- any longer. We have a huge decrease in ship and collaboration in writing this 1996 farm bill was passed. In 1996, we had net farm income of $55 net farm income. We have to address bill. In fact, all but one of the titles of that. this bill represents a bipartisan agree- billion nationally. Since that time, net farm income has fallen to an average of We have to let the bankers and the ment. All titles of this bill passed in farmers know what kind of program our committee with bipartisan votes. $46.3 billion, a decline of nearly 16 percent. they can count on next year. But, That shows we did, in fact, work again, if we do not move this bill soon, closely together. We did have a vote on Had it not been for the sizeable Gov- farmers will be going to the banks and the commodity title and even there, ernment payments from the farm bill seeking credit for the crops they are there was a bipartisan vote. To be sure, and the additional payments that we in going to be putting in without knowing it was not the same as on the other ti- the Congress have made in that period, what to expect in the farm program. tles, but we voted to uphold the com- which includes about $30 billion in ad- That is why we need to move on this mittee’s commodity title. ditional emergency payments over Again, as an indication of the broad- those years, if we had not had those legislation right now. based support that we had in the com- payments, net farm income would have In addition, we need to move on the mittee for the bill, even though there fallen to less than $30 billion on aver- bill to make sure we keep the funding were some who may have wanted to age. stream going for our necessary con- change the commodity title we re- Thus, had it not been for the Con- servation programs. ported the bill out on a voice vote, gress coming in every year on an ad Mr. President, I want to again pub- which is in practical effect unanimous. hoc basis, the market-generated net re- licly thank my good friend and ranking Let me point out the legislation is turns to farmers would have been only member of the Senate Committee on within our committee’s budget limita- 54 percent of what we had in 1996. That Agriculture, Nutrition and Forestry, tions for the new farm bill. We were al- is why it is so critical we move ahead Senator LUGAR. He was chairman for lowed by the Budget Committee $7.35 and get this legislation passed. more than six years. He was a great billion for fiscal 2002, and $73.5 billion Commodity programs are only part steward of the committee. He did a for the 10 years, above the baseline. of the reason to move ahead. Several of great job guiding, directing, and lead- The bill has been scored within those USDA’s critical conservation programs ing the Agriculture Committee. I am limitations. are simply out of money. The Wetlands proud to follow in his footsteps as I hope we can move forward and work Reserve Program, the Farmland Pro- chairman of the Agriculture Com- our way through this bill. As I said, we tection Program, and the Wildlife mittee. are ready to consider amendments. I Habitat Incentives Program are all out I again thank him and his staff for am hopeful—and I say this with all due of money. I say to those who are inter- all the working relationships that we respect to Senators. I know people may ested in conservation and want to pro- have had in developing this farm bill want to have amendments to this that mote and provide for conservation, we and in all the other work we have been they feel strongly about. I myself in need the money now, not next year. doing on the Agriculture Committee. I the past have felt strongly about That is because many of these pro- want to thank Senator LUGAR for that amendments to farm bills when they grams have to be funded on a continual great working relationship. have come to the floor. But the impor- basis. With that, I yield the floor and re- tant point is to move the bill forward Take the Wildlife Habitat Incentives serve the remainder of my time. and not slow down the farm bill. We Program, for example. That is not The PRESIDING OFFICER. The Sen- should have amendments, debate them something that should be just stopped ator from Indiana. in a timely fashion, vote on them, and and then started. The Wetlands Re- Mr. LUGAR. Mr. President, I yield move on. serve Program is not a program that myself as many minutes as are re- I am hopeful we can reach meaning- can be kept in abeyance for 9 or 12 quired. ful time agreements on the amend- months, and then just be started again I deeply appreciate the thoughtful ments that will be offered to this bill. without real negative consequences. comments of my colleague, the chair- Of course, I believe it is a good bill as These are conservation programs that man of our committee. Let me reit- it came out of the committee. But I un- need continual infusions of money for erate the importance of what he has derstand there will be some who may the protection of our endangered lands said on the bipartisan cooperation on want to offer amendments. and endangered species. major titles. He has touched upon Why act now? Why not wait until The Environmental Quality Incen- them. I shall do so again because each next year. We have heard some talk tives Program—the EQIP—to defray represents superb staff work and work

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12402 CONGRESSIONAL RECORD — SENATE December 5, 2001 by Senators to achieve virtually unani- trillion—if one extrapolated further, as suggested by others that Senators who mous results: The rural development much as $5 trillion—and suggested how are moving into reelection phases in title, the research title, the energy responsibly the Congress might allo- various farm States did not want to go title, the forestry title, the trade title, cate that money. That was February. home without not only discussing it the credit title, and the conservation But by May, there were at least some but passing it, nailing down that addi- title. signs of a weakening economy seen by tional $73.5 billion whether it is there With regard to research and nutri- the same persons who prepared the or not. Furthermore, their political tion, during the course of the debate chart. judgment was there would be liabilities and events and the will of the Senate I look at it here. We now know offi- if they did not succeed in that quest. to continue with this bill, I would want cially that a recession occurred, or Each Senator has to be the best judge to say more. I believe we can improve started, in March. But this was being of his reelection prospects. I don’t fault both of those areas very substantially. picked up by the budget officials. They anybody who believes they need to pro- We can do so through substantial then estimated in May that the surplus ceed to a farm bill and spend as much change in the commodity section. So would be only $304 billion, only incre- money as the law will allow. And there will be an offset to do that. mentally down from the estimate of maybe that will help that Senator. But But giving credit where credit is due, $313 billion. But we went on recess in I doubt it. I doubt it simply because a substantial number of titles are rea- August. Things had changed abruptly the political facts of life are that this sonably settled and I think will meet by the time we returned on Labor Day. time the American people are looking with the favor of the vast majority of By then it was $176 billion for the fiscal in on the debate. One reason they usu- Senators. year commencing October 1. ally don’t look in on these debates is The debate we are having during this Then, in the post-September 11 pe- they are very complex issues. Most hour is on a motion to invoke cloture riod, the first time the authorities had Senators would be hard pressed to go so that we can proceed to the Agri- another chance to take a look at this, through a glossary of agriculture terms culture bill today. Therefore, that is $176 billion had evaporated, and it was that are a part of these bills. So they the issue on which the Senate needs to down to $52 billion—just double dig- do not try. They do not want to be em- focus. The question is, Why today? its—some distance from $313 billion barrassed by indicating they really do What is the compelling need to proceed barely 8 months before. not understand what this is all about. to this legislation? The head of OMB in an address to the But I think they will by the time this First of all, most Americans who are Press Club last week gave the very debate and the discussion of it is con- presently watching television, if they bleak news that for the next 3 years— cluded. are not on the C–SPAN channel watch- not just for the year immediately If I were a Senator running for re- ing this debate, are watching develop- ahead of us—there will be deficits in election, I would not want to vote for ments on the war in Afghanistan. They the Federal accounts—not $313 billion cloture today. I would not want to put are watching a gripping drama in of surplus, or the $176 billion, or even any stamp on a bill coming out of the which Americans are at risk. the $52 billion, but red figures. Agriculture Committee. It contains, in There is, in my judgment, a compel- The entire farm bill debate in Con- its commodities section, bad policy, ling need for us to be discussing the de- gress has proceeded almost as if we which will be harmful to agriculture, fense budget and issues that are in- were in a different world from the one not helpful. volved with terrorism, whether they in which there is war, recession, and I think the exception, perhaps, is my involve a continuation of the insurance deficits. distinguished friend from Iowa, Sen- industry, for example, or other aspects Senators with a straight face have ator GRASSLEY. I understand the dis- of the war. We are in a war. said: We were told in the Budget Com- tinguished Senator from Arkansas, This has been the case really mittee a long time ago that there was Mrs. LINCOLN’s family may collect throughout this strange preoccupation $73.5 billion above the current base- some payments from these programs. with the Agriculture bill. I say line—$100 billion—allocated to agri- But I receive payments from the pro- ‘‘strange’’ because the Agriculture leg- culture over a 10-year period of time. grams. The Lugar stock farm ranks No. islation we now have on the books does By golly, we are going to claim it. You 22 in Marion County in terms of the not expire until next September 30— can have a war, you can have a reces- payments received. How do I know? Be- over 9 months from now. During that sion, and you can have deficits, but cause the Environmental Working period of time, so-called AMTA pay- that additional $73.5 billion remains in- Group has a Web site. The Wall Street ments—fixed payments—will be made violate above any other priorities of Journal introduced the country to this to all the farmers who are in the pro- the country. just last week. If you are curious, you gram. A seventh year of payments will Post-September 11, some Senators can go into that Web site and find out, occur automatically. So will loan defi- who held that point of view became down to the dollar, how much every ciency payments to farmers who have nervous. They said: At some point peo- farmer in your State has received dur- the row crops that are covered by the ple may begin to make estimates that ing the period of 1996 to 2000. It will be loan deficiency program. In short, the it is gone and that there is no money. a revelation. stable safety net that has been sought But harking back to the budget resolu- Let me just discuss the politics that remains, plus very large, fixed pay- tion, there is the additional $73.5 bil- seems to drive the issue today. One ments. None of that changes during the lion, and ignoring reality, or whatever prominent farmer in my State, who coming months. may transpire now, not for just the was named in an article that the Asso- Parenthetically, there is a need, I next year but for 3 years down the ciated Press picked up, having taken a suppose, to discuss the defense budget trail, if we do not pass a farm bill—and look at this Web site, was found to and to do so in line with things which in a hurry—somebody may question have received almost $2.9 million in have occurred in our American econ- whether the $73.5 billion is there. farm payments in the last 5 years. omy since the first thoughts about a Indeed, most Americans question it. That came as a shock to my constitu- new farm bill began. We have an extraordinary ‘‘Alice in ents in Indiana who are not farmers. For example, at the time the Senate Wonderland’’ quality about the agri- Worse still, this farmer criticized my and House Budget Committees began culture debate in which people with stand. He said: LUGAR is way off base; to formulate the resolution last year, I blinders on ignore the rest of the he wants to limit these payments. note from the chart that was prepared world, but I think at their peril. At the time, he had it wrong. He by OMB that the surplus was estimated One reason all of this has accelerated thought I wanted to limit the pay- at $313 billion for the fiscal year com- is that my distinguished colleague, the ments to $1 million, say. He said that mencing October 1. As a matter of fact, majority leader, the distinguished $1 million does not go as far as it used I recall that the President of the member of our committee, Senator to go. This was shocking. People wrote United States, during the State of the DASCHLE—seemed to want to accelerate in to the papers, and they had no idea Union Address, discussed surpluses in the farm bill, and wanted to see a bill that farmers were receiving subsidies, the future that might approximate $3 on the floor. He was not alone. It was farm payments—these very programs

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12403 we are discussing—to the tune of, say, out that agricultural policy has failed I hope Senators will not move to pro- an average of $500,000 or $600,000 a year and prices go low. Of course, they go ceed to this bill and will not vote for in our State. We do not have farms low because the very policies give in- cloture on the motion to proceed. I that are that large. This particular centives, strong incentives, to plant think it would be a mistake. farmer was identified as having only and produce more every year. Having said that, if that mistake is 12,000 acres, dwarfed by many farms We have very efficient farmers in made, let me mention to the distin- farther to the west of us. this country who produce, say, an in- guished chairman that, indeed, we will So this started an interesting debate. cremental bushel of corn for much less try to remedy the bill in a big way. I The Indianapolis Star has written very than the loan rate of $1.89. I point this have a comprehensive commodity title, strong editorials in favor of the com- out just for the sake of the debate. a lot to say about enhancing nutrition, prehensive bill that I prepared for the Every bushel of corn I produce on my a lot to say about conservation and re- Agriculture Committee debate. The farm this year—and it would be true of search. Furthermore, finally, we will other papers in Indiana have, by and anybody else—is going to get at least get to reform of the sugar program and large, chimed in. This is not a lonely $1.89. That is not the market price. reform of the peanut program and big quest. I think I have the majority be- That is irrelevant to the argument ex- reform of the dairy program. This bill hind me. I certainly do of those who cept in terms of the Federal payments has an egregious dairy section, and favor conservation and who are deeply that have to be made. The taxpayers Senators are already quoted as being interested in the environment and pick up the difference between that dismayed to proceed. It creates in a big those resources, of people who are poor $1.89 and wherever the market price way a consumer problem throughout and want to make certain the Food went. America. But this time something very Stamp Program works at a time of re- Yet these policies are going to drive sensitive, the price of milk, goes up for cession and unemployment, of people the market price down further. The everybody. That really is unacceptable. who are interested in research, not taxpayer exposure is higher, thus the Other Senators may also have only at Purdue University but any- need for the additional $73.5 billion for amendments. This is a list of those we where else where they know the cut- 10 years—a perpetual price crisis for already prepared on the bill I gave to ting edge of agriculture is not more agriculture without relief predicted by the Agriculture Committee. These are payments to farmers but research that the very definition of the bill. not figments of the imagination. The gives us some hope of feeding the world Let me just point out that if, in fact, amendments are drafted and the talk- as well as ourselves. we were in an income crisis situation, ing points are ready. I hope it will be In the course of all of this discussion that might temper my remarks. But an educational experience Senators of who is getting subsidies, some un- quite to the contrary, the Secretary of will enjoy and, furthermore, that they usual figures have come up. If it is the Agriculture pointed out for our last ag- will vote with me and reform this bill. will of the Senate that we must discuss riculture debate in August—and this is Let me conclude by saying I do hope this for a long time, I will have a lot of coming to pass—that net cash income we will get to the defense bill quickly. those. It will be exciting, I think, for to farmers this year, 2001, will be $60.8 I take the time I have on the floor to friends and neighbors to know who is billion. That compares to $57.5 billion say that I noted with some concern— receiving what. But let me just give last year, $55.7 the year before, $54.8 perhaps there will be an explanation you a capsule summary. billion the year before that, and even for this—in the release coming from Eight percent of the farmers of this in the record year of 1996, that the the Defense Appropriations Sub- country identified as having commer- chairman has cited, net cash income of committee, a note that it provides $357 cial farms—single digit 8—receive 47 $57.6 billion, about $3 billion less than million for former Soviet Union threat percent of all the payments. It is a this year. reduction, the Nunn-Lugar program, a very concentrated sort of payment This is the all-time high. We never cut of $46 million from the budget reschedule. There is another group had such large net cash income as this quest. known as intermediate farmers. These year. The skeptics will say: Aha, but I find that to be inexplicable. At a are farmers who have roughly 300 to 800 $20 billion of that comes from Federal time in which our President and Presi- acres—a harder time on that amount of payments, not the market. You bet. dent Putin are talking about reduction acreage. These folks receive about 35 Given the policies we have that drive of nuclear weapons, in which the funda- percent of the payments. So you add down prices every year, more loan defi- mental thrust of the war is to keep that to the 47 percent, and that takes ciency payments are almost bound to weapons and materials of mass destruc- care of over four-fifths of the pay- come, plus the fact we took action, as tion from terrorist cells, I am dis- ments. We have accounted for, say, the Presiding Officer will recall, in Au- mayed. I want to get to that debate. I only 20 percent of the farms in this gust to send another $5.5 billion as an think that is serious with regard to the country. emergency tranche, as we have the pre- world, with regard to our security. I never heard one of these debates be- vious 3 years. That is a real issue. fore without many Senators rising to Some farmers will say we need to In due course, we will discuss the address the Chair and pointing out that have certainty with this bill because subsidies. Senators will have parochial farmers in their States are desperate, each year the Senate votes for more interests, I understand that. But I hope the weather has failed again, the money. Do you believe for a moment, we can hold it to a dull roar. I hope floods, the rains, a lack of any trade given the political competition in this there will be some proportion given the initiative that seems to make any dif- body, there will not be somebody on deficits of the next 3 years, not a 10- ference, and rock-bottom prices, about the floor of the Senate next June, July, year program but a 5-year program the lowest that one has ever seen. August, suggesting we have a crisis at which the Senate did adopt but which In due course, if necessary, I will cite hand and, by golly, we ought to send we still have to work on in conference, chapter and verse from USDA’s very more money on top of the fixed pay- if we come to that point prematurely. fine publication in which they explain ments as we have done the previous 3 For all these reasons, I hope the Sen- why prices are low and why they re- years? That is the nature of the debate ate will vote no on cloture, that we main low. I will explain why the bill we are having today. will get on to the serious business that that Senators may or may not wish to The fact is, farm income is at a really faces the country in its defense, debate will drive them lower still. The record level. We have a situation in and that other issues such as this we bill the Senate will have passed will which we are at war, and we have need may be able to work out more ami- stomp down prices. They will have no for money to pay for the war. We have cably in the Agriculture Committee or hope of ever getting up. This may not a recession in which we have deficits elsewhere in the ensuing weeks. concern Senators who will say, after around us. A prudent person, seeing we I yield the floor. all, the bill provides for fixed payments have a farm bill on the books that is The PRESIDING OFFICER (Mr. anyway. It does not matter how low going to pay fixed payments plus loan CORZINE). The Senator from Texas. the price goes. That is irrelevant, al- deficiencies, would say: This is not the Mr. GRAMM. Mr. President, I take though it is useful in a debate to point time for the debate. That is what I say. this opportunity to congratulate the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12404 CONGRESSIONAL RECORD — SENATE December 5, 2001 distinguished Senator from Indiana. It If we were mean spirited—and, of was altered 4 years ago and each and has been my privilege to serve with course, we are not—but if we were every year since because of the disas- him now going into my 18th year. I mean spirited, we would let you get on trous conditions that exist for Amer- have always admired him. I have al- this bill and make you stay on it ican farmers today. ways thought he was the one reason- awhile. But nobody has any intention When the Senator from Texas says able, sane leadership voice on agri- of staying on it. this bill is over budget, that is false. culture in the Senate. I take a little bit This is all a political one-upmanship This bill is not one penny over budget. of the time I have this morning to say to try to bring up a bunch of extra- If he really believes what he says, come that. neous issues that supposedly have some out here and bring a budget point of I am not going to get into the merits political saliency. My own view is we order against this bill and let’s see the or demerits of the American farm pro- need to get on with the pressing busi- ruling that will flow from that. He gram or this bill. I can sum up my own ness of the country. We are going to won’t do it because the fact is that this feelings by simply saying that Amer- get paid every day next year. This bill bill is not over budget by one thin ica’s farm program would make an old doesn’t expire for a few more months. dime. commissar from the Soviet Union Let’s set it aside, go to the Defense ap- The reason we need to write a new puke. propriations bill, finish these appro- farm bill, and do it now, is that Amer- It is a program which is an embar- priations bills, and make a decision on ican agriculture is in deep crisis. This rassment to logic and reason. It chron- if we can pass a decent stimulus pack- says it very well. On this chart is the ically encourages overproduction. It age. If we can, we should; if we can’t, crop farm index: Prices received and hurts the best farmers the most. It has we should forget about it. prices paid by farmers from 1990 no socially redeeming value, and Amer- Can we deal with terrorist threats through 2002. The green line on the ica would benefit greatly if we could and the insurance implications of chart is the prices that farmers re- eliminate the great bulk of the farm them? We ought to do those things and ceive. The red line is what they pay to program. finish our business. produce those commodities. Just look- I would say, in sort of the ultimate But why are we bringing up a farm ing at it, one can see there was a rough insult to everything that many Mem- bill which is way over budget, which I balance until the last farm bill was bers of this body claim to believe in, we think the President will veto? There is written. Then the commodity prices literally have a program in this bill only one reason. It is political. I don’t farmers received collapsed. The prices that builds upon an idea where we think it makes any sense. they paid to produce those commod- drive up the price of milk consumed by We have some people on our side of ities continued to increase—especially children, many of whom are from poor the aisle who want to bring this up be- with the energy runup we experienced families, to pay more subsidies to peo- cause they want to offer amendments earlier this year. The result is an enor- ple in the dairy industry who on aver- to it. We don’t have anybody, as far as mous gap between the prices that farm- age have assets of over $800,000. I know, on our side of the aisle who is ers are paid and what they pay to How that can be justified defies for the bill as it is now. The point is, produce these commodities. imagination. Yet we constantly are en- we have all next year to offer amend- Again, we have the lowest prices in gaged in debating compacts which are ments. I hope we can deny cloture on real terms in 50 years. On top of that, really conspiracies against trade. In bringing this bill up and get on with in the month of October, when the new this bill, we solve the problem by just the business of the country. price index came out, we saw the big- giving a whole bunch of money to ev- I am not getting mail here—none of gest 1-month decline in the prices that erybody. my colleagues are—so I have probably farmers receive in 91 years. The records I don’t want to debate the demerits 200,000 first class letters. And I will bet have only been kept for 91 years. So of the farm program or this bill. I want you not one of them says: Stop what what we have seen is the biggest to make several points. you are doing; stop fighting this war; monthly decline of the prices going to First of all, it is December. In the stop worrying about the economy, and farmers in the entire history of the last 25 years, we have not often been in raise the price of milk. I don’t think commodity index. session on December 5. We have work America is concerned about the farm The harsh reality is that American to do on serious issues. We are at war program right now. The current farm agriculture is in deep trouble. When I with terrorism. We have an economy program is going to be in effect for a talked to the farm group leader and I that desperately needs attention. We few more months. But they are con- asked him what would happen if this have a handful of appropriations bills cerned about a lot of work we have not farm bill did not pass with the addi- that have to be passed. Senator LUGAR done. tional resources that have been pro- raised the need to debate Defense ap- This is a political stall, in my opin- vided for in the budget, he said it propriations. God knows, while we are ion. We ought to get on with the busi- would be a race to the auctioneer. He still feeling the shock of the last ter- ness of the country. was right because that is what we con- rorist attack, knowing there may be I thank the Senator for yielding. front in rural America today. another, that is the business of the Mr. CONRAD. Mr. President, farmers One key reason for that is our major Senate. would have been stunned to have heard competitors, the Europeans, are sup- The economy is in a recession, or at the speech of the Senator from Texas, porting their producers at levels much least we have had a negative quarter of because in his world the economics of higher than ours. The most recent economic growth, and almost certainly what happens to farmers just doesn’t numbers show this. This is the Euro- we will have another one. We ought to matter. But to hundreds of thousands pean Union and the amount of support be debating a stimulus package. We of farm families, the economic down- they provide per acre to their pro- have a very real problem with terrorist turn started for them 5 years ago. They ducers: $313 an acre of support. We pro- acts and their impact on insurance. We have been in a constant recession. In vide $38 an acre of support. In other ought to be dealing with that issue. some cases, they have been in a depres- words, they are outgunning us nearly Instead we are dealing with extra- sion for 5 years. 10 to 1 in support for their producers. It neous matters in what is a political The Senator from Texas says it is no wonder American agriculture is agenda, sort of a political one- doesn’t matter, you don’t need to do in crisis. It is no wonder that if they upmanship effort. the bill now because the farm bill does don’t get a safety rope, if they don’t What are we doing talking about a not run out for 9 months. That is really get something to assist them through farm bill that does not even expire for not the case. Effectively, this farm bill these difficult times, we will see lit- a few more months? What is this about expired 4 years ago because that is erally tens of thousands of farm fami- on December 5? Does anybody really when we started writing disaster as- lies forced off the land. That is the eco- believe there is any possibility whatso- sistance packages for agriculture be- nomic reality. ever, any chance that this bill could be cause prices were the lowest they had It doesn’t stop there. When we look finished before we adjourn? Does any- been in 50 years. So, effectively, the at the world agricultural export sub- body really believe that? farm bill that is the underlying law sidies, this is what we find. This bar

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12405 chart shows who accounts for world ag- can work its will on farm policy, so we ple in rural America as in the big cities ricultural export subsidies. The blue have a chance for people to vote. There in California, New York, and other part of this pie is Europe. They ac- will be amendments, no doubt, to im- States. The work people do in rural count for 84 percent of all the world’s prove this bill. We will have a chance America is what keeps this country agricultural export subsidies. This lit- to fix the dairy policy that the Senator going. We cannot afford any longer to tle piece of the pie, this red chunk, is from Texas criticized. I don’t think any have them on that downward track the United States, which is 3 percent. of us wants the results he described. that the Senator from North Dakota We are being outgunned here 28 to 1. We are going to have a chance to fix pointed out on his chart. The deck is stacked against our pro- that, and negotiations are underway to I thank the Senator from North Da- ducers. The playing field is not level. fix that, and it will be fixed. But it kota for being a great leader on our It is no wonder, therefore, that our won’t happen unless we get to the bill. Budget Committee and for providing producers are in deep financial trouble. It won’t happen unless we have a these funds and making sure we meet They are saying to us: We need to chance to debate, discuss, and amend. our obligations. I thank him very know now what the rules are going to That is what the cloture motion is all much. be before we plant the next crop. We about—to give the Senate a chance to I yield whatever time he may need to need you to tell us of what the farm act. Rural America needs it. Our farm- the Senator from Minnesota. program is going to consist. That is ers need it. They are in a desperate The PRESIDING OFFICER. The Sen- why there is urgency today. It has struggle for economic survival. They ator from Minnesota. Mr. WELLSTONE. Mr. President, I nothing to do with political one- are up against the European Union, our need only a few minutes. I am in the upsmanship, as claimed by the Senator major competitors, who are spending mood for thanking all three Senators. from Texas. It has to do with urgent $90 billion a year to support their pro- I, too, thank Senator CONRAD. Every economic necessity. ducers—far more than the United The fact is, despite the budget in- time I talk to agriculture people in States. It is no wonder we are in eco- northwest Minnesota, I talk about Sen- crease, farm support funding is pro- nomic trouble. I urge our colleagues to jected to decline under this bill. You ator CONRAD’s work and the fact we vote to proceed to this bill. need to pass this bill now. We have the will hear a lot of talk on the floor that I recognize the chairman of the Sen- budget money. It is critically impor- there has been this big increase, there ate Agriculture Committee, who has tant. has been an increase over the so-called done an absolutely superb job in get- Frankly, time is not neutral. As I baseline. That is the red line on this ting this bill to the floor. There is no have said before, I have seen more bro- chart. The baseline is the funding that more difficult challenge than writing a ken dreams, broken lives, and broken would flow from current farm law. You farm bill. The Senator from Iowa has families in rural America than I ever can see that this bill provides more done a brilliant job. Let me also recog- wanted to. This is for real. I thank the funding than that baseline. That is nize the ranking member who, while we Senator from North Dakota very much true. What is missing is not what Con- disagree on farm policy, is one of the for his work. gress has been providing to American most thoughtful Members of this body I say to my colleague from Iowa, it is farmers the last 4 years. It hasn’t been and somebody we all respect. a modern miracle this bill came out of the baseline. No. We responded to the My hat is off to the chairman of this committee with strong support. The crisis by every year passing an eco- committee for what is I think one of Senator from Iowa had to deal with a nomic disaster package to help our pro- the most productive performances of lot of different perspectives. ducers. And this farm bill will provide any member this year in getting this I forget the figures, but we received less assistance than farmers have been bill to the floor. an announcement the other day that getting the last 4 years. That is a fact. The PRESIDING OFFICER. The Sen- net farm income will be a couple bil- Over the life of this bill, you can ator from Iowa. lion dollars a year, a little over $3 bil- see—that is the green line—the support Mr. HARKIN. Mr. President, how lion a year if we pass this bill. I saw it will be in decline. As I said, it is less much time do we have remaining on somewhere. That is what it is about: support than farmers have actually our side? Trying to get farmers leverage to get a been getting in each of the last 4 years The PRESIDING OFFICER. Seven price but focus on the environmental because of the economic disaster pack- minutes and 40 seconds. credits and CRP and focus on the en- ages Congress has passed in response to Mr. HARKIN. Mr. President, I thank ergy section. the economic emergency that exists all my friend from North Dakota for his People are so excited about renew- across rural America. kind words, and I respond in kind by able energy, economic development, When we look at the Senate bill thanking our distinguished chairman and nutrition. I thank both Senator versus the House bill on commodity of the Budget Committee for being not LUGAR and Senator HARKIN for their program funding for the first 5 years of only a valuable member of the Agri- leadership. Senator LUGAR has done a this bill, we see on this chart that the culture Committee, but for his leader- great job of being so outspoken and so Senate bill is somewhat more than the ship. The Budget Committee allotted tenacious about the importance of nu- House bill, about $2 billion more—$27.1 us $73.5 billion. I also thank him for trition programs. This has made a safe- billion versus $25.1 billion. If we com- continuing to point out the dire state ty net for many vulnerable families in pare the Senate and House bill on con- of agriculture today. this country and many children. This servation program funding, we see on When I first spoke, I pointed out that bill has the right balance. We have this chart that the Senate bill is $8.4 if you discount the added money the been doing an awful lot of negotiation billion versus $6.8 billion in the House Congress is providing every year for ag- on dairy, and I believe we are getting bill. So there is more for conservation, riculture, our net income right now to there. which I think the overwhelming major- farmers is 54 percent of what it was in If part of the importance of legis- ity of the American people support. 1996. lating is to bring people together, I On this chart, on nutrition programs, The leader of the Budget Committee think the Chair of this committee, over the 10-year life of the legislation, has continually brought to our atten- Senator HARKIN, has done a masterful again, the Senate bill has somewhat tion that we have to make sure we get job. I cannot say I agree with every more—$5.6 billion over 10 years versus this bill done this year to provide for provision in this bill. $3.6 billion in the House bill—money the farm economy of this country the Mr. HARKIN. I have to say to my for the basic feeding programs of the amount of money that was allocated to friend from Minnesota, I do not agree Federal Government because we know us because our farmers and our rural perhaps with every provision in this in an economic downturn more people communities need that money. bill either. This is a balanced bill. We need food assistance. America is a com- Rural America is in trouble. Thank have to balance a lot of different inter- passionate nation and one that re- God we have good advocates such as ests in this bill. sponds to the needs of its people. Senator CONRAD from North Dakota I thank my friend from Minnesota for I urge my colleagues to vote to allow who fights for rural America, who un- his service on the Agriculture Com- us to proceed to this bill so the Senate derstands we do not have as many peo- mittee. Minnesota is very lucky to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12406 CONGRESSIONAL RECORD — SENATE December 5, 2001 have both Senators on the Agriculture The assistant legislative clerk called TERRORISM INSURANCE Committee. We appreciate that. the roll. Mr. NELSON of Florida. Madam I point out to my friend from Min- Mr. REID. I announce that the Sen- President, I would like, while we have nesota, the factory study showed there ator from Connecticut (Mr. LIEBERMAN) a lull on the farm bill, to take this op- would be an increased average of $3.2 is absent attending a funeral. portunity to speak on a subject that is billion annually. The PRESIDING OFFICER (Ms. STA- very near and dear to my heart: What Mr. WELLSTONE. That is what I was BENOW). Are there any other Senators we are going to be doing as a nation to saying. That is net. in the Chamber desiring to vote? address the fact that, as a result of ter- Mr. HARKIN. Net farm income. The yeas and nays resulted—yeas 73, rorist acts, there may be a lack of ter- Mr. WELLSTONE. That is important. nays 26, as follows: rorism insurance on January 1. That is I certainly hope Senators will vote to [Rollcall Vote No. 352 Leg.] not only for commercial lines of insur- proceed to this bill. We need to move YEAS—73 ance, which would be businesses such on and get this work done. I thank the Akaka Dayton Lott as shopping centers and office build- Senator. Allard Dodd Mikulski ings, but it could also affect home- Mr. HARKIN. Mr. President, I yield Baucus Dorgan Miller owners and automobile owners. Since the floor and reserve the remainder of Bayh Durbin Murray Biden Edwards Nelson (NE) September 11, businesses and con- my time. Bingaman Feingold Reed sumers have suffered great economic The PRESIDING OFFICER. The Sen- Bond Feinstein Reid losses, and we are reading about those ator from Indiana. Boxer Fitzgerald Roberts Breaux Grassley repercussions every day. So I would Rockefeller Mr. LUGAR. Mr. President, I under- Brownback Harkin like to address this very sensitive topic Santorum stand I have 15 seconds remaining. I Burns Helms as we come into the closing days of will be brief. Byrd Hollings Sarbanes Schumer this session. As Senators prepare for this vote, Campbell Hutchinson Cantwell Hutchison Sessions The insurance industry is now saying they must know that if they vote for Carnahan Inhofe Shelby the clock is running out for those busi- cloture, we are stuck; we are on agri- Carper Inouye Smith (OR) nesses that want terrorism insurance Snowe culture and that will continue indefi- Cleland Jeffords because 70 percent of reinsurance poli- nitely unless there is unanimous con- Clinton Johnson Specter Cochran Kennedy Stabenow cies—that is, insurance on insurance, sent to leave it. I ask my colleagues to Collins Kerry Stevens or, in industry terminology, reinsur- vote against cloture. The vote on this Conrad Kohl Thomas ance—70 percent of those reinsurance Corzine Landrieu is no. Torricelli policies expire after December 31, and Mr. HARKIN. Mr. President, we Craig Leahy Wellstone Crapo Levin Wyden many insurance companies are threat- should vote for cloture. Let us get on Daschle Lincoln ening to cancel policies or to exclude with the farm bill. Let us have the NAYS—26 terrorism coverage. amendments. Let us have time agree- Allen Graham Murkowski We simply can’t let that happen. ments. Let us move on. Let us send a Bennett Gramm Nelson (FL) Congress must act to make sure that signal to rural America that we are Bunning Gregg Nickles insurance is available and affordable. going to be there for them in their Chafee Hagel Smith (NH) It is the responsible thing to do. The DeWine Hatch Thompson hour of need. I ask Senators to vote for Domenici Kyl problem is that there are so many dif- cloture. Thurmond Ensign Lugar Voinovich ferent ideas on how to do it. I yield back the remainder of my Enzi McCain Warner I served for six years as Florida’s time. Frist McConnell elected Insurance Commissioner and CLOTURE MOTION NOT VOTING—1 State Treasurer. During that time, we The PRESIDING OFFICER. Time is Lieberman experienced a major catastrophe—Hur- yielded back. Under the previous order, The PRESIDING OFFICER. On this ricane Andrew. This natural disaster, pursuant to rule XXII, the Chair lays vote the ayes are 73, the nays are 26. with insurance losses totaling $16 bil- before the Senate the pending cloture Three-fifths of the Senators duly cho- lion, proved to be the most costliest in motion, which the clerk will state. sen and sworn having voted in the af- the history of this country. The private The assistant legislative clerk read firmative, the motion is agreed to. market was so paralyzed from this as follows: The Senator from Iowa. event that nurturing it back to life CLOTURE MOTION Mr. HARKIN. Madam President, I approved extremely daunting. Insurance We, the undersigned Senators, in accord- preciate the overwhelming support companies were not offering new home ance with the provisions of rule XXII of the that we had from the Senate for mov- owners policies; to the contrary, they Standing Rules of the Senate, hereby move ing to the Agriculture bill. However, were trying to flee the State of Florida to bring to a close the debate on the motion with the rules that we are operating and were cancelling policies for those to proceed to Calendar No. 237, S. 1731, the who remained in the State of Florida. farm bill: under, that was just a vote on cloture Tom Harkin, Tim Johnson, Bill Nelson, on the motion to proceed. Now I under- Fortunately, by establishing a private Harry Reid, Byron Dorgan, Fritz Hol- stand that we have 30 hours, under the pooling mechanism, and carefully mon- lings, Richard J. Durbin, Paul rules of the Senate, before we have a itoring rate increases, we were able to Wellstone, Kent Conrad, Tom Daschle, vote on the motion to proceed. reinvigorate and stabilize the market. Debbie Stabenow, Tom Carper, Barbara With that overwhelming vote on clo- Accordingly, in the waning days of this Mikulski, Evan Bayh, Ron Wyden, Ben ture, I hope we might collapse that 30 session, I would like to offer some of Nelson, Jean Carnahan, Patty Murray. hours. There is no need for that 30 my experience as guidance as we pro- The PRESIDING OFFICER. By unan- hours. We might as well have the vote ceed. imous consent, the mandatory quorum on the motion to proceed and get to Let me give you an example of what call has been waived. the bill and let’s start having amend- is happening just to set the stage as to The question is, Is it the sense of the ments and move this bill expeditiously. how serious this is right now. Senate that the debate on the motion I see no reason we have to have 30 The ISO, the Insurance Services Or- to proceed to S. 1731, an act to hours of debate right now. We ought to ganization, which files policy provi- strengthen the safety net for agricul- move to the bill and let’s have the sions for many insurers, has announced tural producers, to enhance resource amendments. that it is asking for terrorism exclu- conservation for rural development, With that, I suggest the absence of a sions in insurance policies across the provide for farm credit, agricultural re- quorum. nation. search, nutrition, and related pro- The PRESIDING OFFICER. Will the That should be the first warning grams, to ensure consumers abundant Senator withhold his quorum call re- sign. But there are other warning food and fiber, and for other purposes, quest? signs. shall be brought to a close? The yeas Mr. HARKIN. I withhold it. For example, I will read from the and nays are required under the rule. The PRESIDING OFFICER. The Sen- Chicago Tribune of October 28. Listen The clerk will call the roll. ator from Florida. to this:

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12407 The world’s leading insurers, led by enact a piece of legislation and get it that is filed will, in fact, be in effect. Lloyd’s of London, a collective name of 108 signed into law. And it would be 2 or 3 years before you insurance-writing syndicates, said this But I want to say to my colleagues could ever start to overturn it. month that commercial property premiums that from all of my experience with in- What is worse, there are 10 States would rise by more than 80 percent. surance, as we deal with terrorism in- whose law says that an insurance com- That is the Chicago Tribune. surance we must be ever-mindful of pany cannot file a rate until it is ap- Then listen to a report that was sent consumer safeguards: proved by the insurance commissioner. out by Lloyd’s of London. I quote from Therefore, any bill that we would The legislation that is being con- the investor newsletter of Lloyd’s of enact must have three fundamental templated to be passed in this body London, protections for the consumer. would say, this Federal legislation will Members of Lloyd’s of London: I think the bill has to have three pro- supersede the State law, so that, in ef- Names may now have a historic oppor- tections for consumers: No. 1, commer- fect, the rate hike takes effect imme- tunity for property underwriting following cial insurers must offer coverage for diately even though the State law says, the sharp rise in premiums in the aftermath the risk of terrorism on all policies. in those 10 States, that the insurance of the American catastrophe. In other words, an insurance com- commissioner has to approve it first. That newsletter added that pre- pany could not clearly say they will That is a pretty high-stakes ball miums were at ‘‘a level where very cover your little two-story office build- game. We simply cannot afford for this large profits are possible.’’ ing but not cover your 20-story office to go on. So what I am going to con- If there is any doubt about some of building. They cannot cherry-pick. tinue to urge, as I have privately—this the shock to the system right now be- There has to be mandatory coverage is my first public statement on this, cause of what is happening with rate for all on terrorism risk. No. 2, the in- save for an interview I had last week increases, let me point out that the surance company cannot cancel the with the Washington Post and save for Wall Street Journal reported that in- terrorism insurance unless it is in the the testimony I gave to the Banking surance companies are already raising normal course of business, such as Committee and as a member of the premiums by 100 percent or more on somebody did not pay their premiums. Commerce Committee when I had the some lines of commercial insurance And No. 3, because we not only have to opportunity to express my thoughts coverage. make terrorism insurance available, there—but so much more is known now These accounts were presented by the we have to make it affordable. as to see what is starting to happen in Consumer Federation of America’s in- Commercial consumers cannot afford these last few days of this session. This surance expert, Bob Hunter, at a press these kinds of price increases. They is what we are confronting. conference earlier today. cannot afford a 500-percent increase. Simply, if we do not watch it, we are Bob Hunter also talked about a big They cannot afford a 200-percent in- going to allow to pass through this reinsurance company, one of the giants crease. They cannot afford what Lloyds Chamber, and be accepted by the in Germany, named Alliance. Alliance of London was saying was an 80-percent House, a piece of legislation that, in has announced increases of 20 to 50 per- increase, particularly not if the legisla- order to take care of the problem of the cent, and in some cases increases may tion we pass here is going to have the lack of terrorism insurance, will then reach 200 percent. Federal Government picking up most allow the rates to go sky-high, rates, I Another example hits close to home of the terrorism risk. submit respectfully to all of my col- for all of our Senators in the Northeast So I clearly advise all my colleagues leagues, that will not be able to be af- corridor: in the Senate, the third protection is fordable, particularly by homeowners It is reported that the cost of insur- that there has to be a reasonable and by automobile owners. Even though the bills being con- ing Giants Stadium in New Jersey’s amount of rate increase, and what it templated say this is primarily for Meadow Lands for terrorism is now can be has to be limited. I have sug- commercial insurance, they also say, being increased from $700,000 to $3.5 gested it be in the range of about 3 per- at the option of the insurance com- million. cent, which would produce an addi- pany, for personal lines of insurance, That is a fivefold increase. That is a tional $6 billion of premium, and that such as for automobiles and homes, 500-percent increase. the $6 billion of premium associated they can opt into it. What home- If that were not enough, the CEO of with the terrorism risk not being Zurich Financial Services, which is an- owners’ insurance company, if it has mixed with all the other premiums like homes, for example, in the neighbor- other one of the major giants from Eu- on fire and theft. Our legislation hood of a nuclear power plant, is not rope which does business through sub- should require insurers to specify the going to opt in to this kind of protec- sidiaries here in the United States, told price for terrorism coverage as a sepa- tion? a gathering of insurers, on November rate line item on the policy. So what I am saying is, you better 27, with respect to the terrorist attacks If we do not carefully monitor pro- watch out. We are about to vote for of September 11: posed rate increases, the insurance something that is about to mandate The industry needed it to operate effi- companies are going to file whatever huge rate hikes. The Senate and the ciently. The players who are strong in a re- they want in an increase with 50 State House of Representatives do not nor- sponsible manner and are aggressive will be insurance departments. Then those in- the winners of the next 15 years. mally handle this stuff because ever surance commissioners, who are trying since the 1940s in the McCarren-Fer- What we saw in Florida with insur- to do a good job, are going to put their guson Act, we transferred that ability ance rate increases after Hurricane An- actuaries to work to see if this is a rea- to regulate insurance to the 50 States. drew seems to be occurring again this sonable filing. Thus, we are not familiar with the time on a national scale with huge in- How do they determine if it is rea- facts of rate-making and the experi- creases in commercial insurance rates. sonable and not excessive and non- ence and data as to what is excessive in That is why we must act. discriminatory, which is usually the rate increases. We had better watch it. I understand that there are all kinds statutory standard for reviewing a rate From the insurance companies’ barriers to progress on this issue—peo- increase? They have to have data and standpoint, let me tell you, I do think ple are trying to rewrite the tort laws they have to have experience. We do they need protection. They cannot sim- of this country and thus you have a not have any of that in our 50 State in- ply be asked to accept the terrorism fight that has gone on almost as long surance departments. Thus, what will risk. There is not an insurance com- as the Republic on this issue. If this happen is, whatever the rate hike is pany in the world that wants to accept continues, it is possible that we will that is filed, the insurance depart- that risk. So in this Senator’s personal not be able to pass anything in the ments of the 50 States will not be able opinion, I believe there is a role for the next week. I am trying to understand to say that it is excessive, and they Federal Government as a backstop for what would be the consequence. Will will not be able to prevail in a court of the insurance industry accepting this the market respond? But I don’t think law or in an administrative court of huge potential risk. that is the responsible thing. I think law. As a result, the practical effect If we are fortunate, if our intel- the responsible thing for us to do is will be that the insurance rate hike ligence apparatus is working, then we

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12408 CONGRESSIONAL RECORD — SENATE December 5, 2001 will be fortunate not to have other sig- Mr. BOND. Madam President, I ask icy-oriented position that Mr. Scalia’s nificant terrorism losses. But there is unanimous consent to speak as in opponents make it out to be. The no- that uncertainty on the basis of what morning business. tion that the Solicitor of Labor is the we experienced on September the 11th, The PRESIDING OFFICER. Without people’s lawyer is a straw man argu- what we experienced back in the early objection, it is so ordered. ment invented for the sole reason of 1990s when they tried to blow up the NOMINATION OF EUGENE SCALIA creating a fictional standard that Mr. World Trade Center, what we have seen Mr. BOND. Madam President, I rise Scalia’s opponents think he fails to with regard to the Timothy McVeighs today to express my very strong sup- meet because he has spent his career of the world and the Oklahoma Federal port for the embattled nomination of representing employers in labor issues. building, and so forth. Eugene Scalia to be Solicitor of Labor. The second reason this argument So there is that element of terrorist I am extremely frustrated, as many of fails is that it does not recognize the risk where I do believe insurance com- us are on this side, by the other side’s substance of Mr. Scalia’s work. Even panies need to be partnered with the unwillingness to bring this nomination under this fictional standard, Mr. Federal Government in helping assume to the floor for a vote. Scalia would qualify. A large part of that risk. Mr. Scalia has been cleared by the Mr. Scalia’s career in labor law has We better watch out about the poten- HELP Committee and is now lan- been spent advising his clients, the em- tial price hikes. We know the property guishing in limbo with the session fast ployers, on how to comply with the law and casualty insurers are going to be drawing to a conclusion and the win- and steering them away from mis- paying about $50 billion in claims from dow for acting starting to close. There treating their employees under the September 11. That is a huge payout. are no good reasons for holding up this law. In other words, his career has been But let’s remember that the companies nomination, for refusing to bring it to focused on helping employers treat are going to recover a lot of those in- the floor. their employees better in accordance surance losses they have paid out in May I be permitted to state the obvi- with the laws passed by this body. tax breaks where they can carry for- ous? The debate is not about Eugene Thus, he has indeed taken up the cause ward those losses and offset them Scalia’s qualifications, experience, in- of those whom the labor laws are in- against gains. telligence, dedication, compassion, or tended to protect. Remember, this is an insurance in- any other attribute we would normally Another unsupportable argument dustry. This is an industry that has consider to determine if a candidate against Mr. Scalia has to do with his been very fortunate to be financially should be confirmed. He meets every- involvement in the OSHA ergonomics flush with cash. In the property and one’s definition of what this position regulation debacle. I know something casualty field, there is a surplus to the requires. Even those who have opposed about that matter. We in the Small tune of in excess of $300 billion. In the his nomination are quick to admit he Business Committee spent a good deal reinsurance world of just those compa- possesses the skills and the experience of time working on that issue. Mr. nies that reinsure, there is a surplus in that Solicitors of Labor typically have. Scalia represented employers on this the range of $125 billion. Their problem It seems to me the only basis on issue and thus was on the side that ul- is not a lack of cash; it is the uncer- which Mr. Scalia is being blocked is timately prevailed when both Houses of tainty of the quantifying and the pric- that those on the other side did not Congress, by bipartisan margins, in- ing and the spreading of the risk of fu- agree with the results of last year’s validated that regulation last March. ture terrorist attacks. election on two levels and with some of May I remind fellow Senators that the the actions this Senate has already vote was 56 to 44, with every single Re- In time, I believe, just as we have taken. First they do not like the fact publican and 6 Democrats supporting seen in Florida in the aftermath of that George Bush emerged as the new the resolution of disapproval. Why that catastrophic hurricane that dis- President, and some are trying to do should this be held against him, when rupted the entire homeowners market- anything in their power to frustrate he agreed with the position we took by place, you will see the marketplace— and impede his administration from a 56-to-44 vote margin? This was a re- along with the strengthened security pursuing its agenda. sounding victory, perhaps one of the that we are now imposing, fortunately, Secondly, because Mr. Scalia’s father biggest for those of us on this side of in this Nation, and our war against ter- is one of the Justices of the Supreme the aisle on the labor issue. rorism—I think in time that will solve Court who was in the majority decision The fact that Mr. Scalia was right in the problem. In the interim, we are which found for George Bush in Flor- his arguments should be to his credit. going to have legislation in the next ida, they are using their disagreement It should be an indication that he un- few days in front of this body. with Justice Scalia as a reason to derstands what the limits of govern- Remember the three items we ought block the confirmation of his son. ment are, what the limits on govern- to look for, for the protection of the Both of these reasons are shameful, ment should be, and if the Department consumer: No. 1, that there be manda- and they should have no place in this goes too far, it should be reined in. tory coverage for terrorism, that they consideration. I don’t need to go through the long can’t red-line and say, I will select The opponents of Mr. Scalia have list of reasons we won that vote. It your skyscraper but not your sky- raised other arguments which are should be clear that we would not have scraper; No. 2, that they cannot willy- equally without merit and specious. won with such an impressive margin if nilly just cancel the terrorism cov- One of these is that Mr. Scalia is not that rule had not been so horribly erage; and No. 3, that there be a rea- qualified for this role because the So- flawed. Are we willing to say that be- sonable amount of rate increases pro- licitor of Labor must serve as the peo- cause the Clinton administration portionate to the risk the insurance in- ple’s lawyer and take up the cause of OSHA put an egregiously flawed regu- dustry is picking up, given the fact those whom the labor laws and regula- lation forward, we are not going to that the Federal Government will be tions are intended to protect and, be- confirm Eugene Scalia to be Solicitor picking up most of the risk, and not let cause Mr. Scalia has represented em- of Labor because he agreed with the this be an excuse for rate hikes that ul- ployers, he is on the wrong side of the majority in both Houses and the Presi- timately will affect the economic en- equation. That argument fails on a dent that it should be repealed? gine of this country. If insurance be- number of grounds. While all these arguments and dis- comes unaffordable, the economic en- First, the Solicitor of Labor answers cussions about Mr. Scalia’s merits gine of this country cannot operate be- to the Secretary of Labor. The Solici- unequivocably support confirming him, cause of the need to have the protec- tor’s role is to advise the Secretary they obscure one of the hidden truths tion against these acts of terror. about the arguments surrounding the about him. He genuinely cares for the I am grateful for the time to speak Department’s actions and her deci- people whom he represents and will ap- on a subject that is very important to sions. This is the role this position has proach the position of Solicitor of this country. I thank the Chair. played regardless of the administration Labor ever mindful of those who rely The PRESIDING OFFICER. The Sen- or party in power. While it is an impor- on the Department of Labor for protec- ator from Missouri. tant position, it is not at all the pol- tion.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12409 Since his confirmation hearing and . . . concerned about not making things agreed to just about everything I had asked the subsequent vote approving him in worse for me on the job, while he was vigor- for, and ‘‘my lawyers(!)’’ got the employer to committee, we have received a letter ously defending my rights with my em- agree to things I hadn’t even thought to ask from a woman whose case he took pro ployer. Even though he had never seen me for! Not only did he and his associate nego- before and even though I could never pay tiate around the employment problems that bono—at no charge—which illustrates him, simple justice is what he wanted for I was facing right then, they took great care this point and conclusively dem- this employee and worked hard to get, and to look ahead and watch out for my future onstrates the caliber of person Eugene that is what he got for me. I am so grateful interests. Scalia is. It is a short letter. I will read to him for his efforts as my lawyer. . . . A few months later, when I was able to get a new job, with a different employer (as a re- excerpts from it, and then ask unani- I ask unanimous consent that the mous consent that the full text be sult of the settlement Mr. Scalia got for me), full text of the letter be printed in the I was impressed to receive brief word from printed in the RECORD. RECORD. him saying that he had heard of my new job The letter is from Ms. Cecilia Madan. There being no objection, the letter and hoped that my daughter and I were well. It begins: I am a deaf, Hispanic immi- was ordered to be printed in the We sure are . . . thanks in such great part to grant and a single mother, working RECORD, as follows: him! full-time to support my daughter. And Throughout my ordeal, Mr. Scalia went OCTOBER 9, 2001. out of his way to help. He seemed especially I have information about Eugene [Re nomination of Mr. Eugene Scalia to be Scalia’s handling of a labor employ- to be concerned about not making things Solicitor of Labor.] worse for me on the job, while he was vigor- ment matter involving me. Hon. EDWARD M. KENNEDY, ously defending my rights with my em- She describes how, in 1998, her work Chairman, Committee on Health, Education, ployer. Even though he had never seen me environment became increasingly hos- Labor and Pensions, Dirksen Senate Office before and even though he knew I could tile, abusive, and difficult for her to Building, Washington, DC. never pay him, simple justice is what he bear. In seeking legal assistance, she DEAR MR. CHAIRMAN: I am a deaf, Hispanic wanted for this employee and worked hard to learned she could file an action under immigrant and a single mother, working get, and that is what he got for me. I am so full-time to support my young daughter, and very grateful to him for his efforts as my civil rights laws, the Americans with I have information (which I hope will be Disabilities Act, or the DC Human lawyer. And I hope you soon will give other helpful in considering Mr. Eugene Scalia’s people in the workforce the opportunity to Rights Act. But every lawyer she con- nomination to be Solicitor of Labor) about have him as their lawyer, as Solicitor of sulted told her that even if they were his handling of a labor/employment matter Labor. willing to take the case on a contin- involving me. Please let me know if you need more infor- gent fee basis, she would have to pay a I began full-time work in 1991 for a local mation or if I may help Mr. Scalia’s nomina- substantial retainer upfront. She sim- employer. By 1998, the work environment tion in any way. ply did not have it. She could only af- there had become increasingly hostile to- Sincerely, wards me, abusive, and difficult for me to CECILIA MADAN. ford their consultation fees. bear, and I was terrified that I would lose my Then she writes: Mr. BOND. I think this simple letter job. In desperation (I was heavily in debt and speaks volumes about Mr. Scalia and Then a friend of mine recommended that I living from paycheck to paycheck, just to try the ‘‘pro-bono’’ program at Gibson, Dunn make ends meet), I went to several labor- the type of person and the type of law- & Crutcher, and Mr. Scalia in particular. My lawyers in the area, who advised that me I yer he is. It is a clear statement of the brother called for me, to see if I could have could file lawsuits under the 1964 Civil values he upholds and the positive im- an appointment. I was so worried that Mr. Rights Act, the D.C. Human Rights Act, and pact he believes he can have as a law- Scalia might be too busy and turn me away the Americans with Disabilities Act, based yer. This is the person President Bush (after all, I had never heard of him before)! on the facts of my employment situation, on has chosen to be his Solicitor of Labor. But he agreed to an appointment imme- the grounds of my ethnicity/race, my sex, I truly and honestly believe the Presi- diately. At our meeting, Mr. Scalia was so my hearing disability, a medically-diagnosed kind, and thoughtful, and patient; he even dent could not have found a better can- chronic condition I was suffering from and didate, or one who is better qualified, asked to see a picture of my daughter! I fear under treatment for at the time, and my I must have rambled a great deal when I told marital/family status. Unfortunately, all of better trained, and better motivated. I my story, but he didn’t seem to mind at all. these lawyers—even those who said that they am thrilled that Mr. Scalia is willing Our meeting lasted a long time, but he didn’t could take the case on a contingency-fee to accept the responsibilities of public ask for a consultation fee or a retainer, and basis— insisted on my paying them a sub- service, and I implore the majority he told me that he and his law firm would stantial retainer up front, and I had no leader to bring this nomination to the take my case ‘‘pro bono.’’ He said that he money to pay them any more than their con- floor for a vote before we adjourn. didn’t think a lawsuit (which could take a sultation fees. Every shameful day he remains long time) would be necessary, because often Then a friend of mine recommended that I unconfirmed is another day the Sec- these matters could be resolved through try the ‘‘pro-bono’’ program at Gibson Dunn ‘‘firm negotiations,’’ which he was fully will- retary of Labor and America’s employ- & Crutcher, and Mr. Scalia in particular. My ees do not benefit from his abilities and ing to undertake for me. He made every ef- brother called for me, to see if I could have fort to reassure me, saying that he and his an appointment. I was so worried that Mr. compassion. associate would do everything they could to Scalia might be too busy and turn me away I yield the floor. ‘‘resolve this.’’ He seemed to sense my ex- (after all, I had never heard of him before)! Mr. LUGAR. Mr. President, I suggest treme anxiety and tried his best to calm my But he agreed to an appointment imme- the absence of a quorum. fears. I was able to walk away with con- diately. At our meeting, Mr. Scalia was so The PRESIDING OFFICER (Mr. fidence and hope. kind, and thoughtful, and patient; he even EDWARDS). The clerk will call the roll. The negotiations went on for several asked to see a picture of my daughter! I fear Mr. LUGAR. Mr. President, I ask weeks, but they were tremendously success- I must have rambled a great deal when I told unanimous consent that the order for ful—much more than I had even hoped for. my story, but he didn’t seem to mind at all. the quorum call be rescinded. ‘‘Firm negotiations’’ is right: The employer Our meeting lasted a long time, but he didn’t The PRESIDING OFFICER. Without agreed to just about everything I had asked ask for a consultation fee or a retainer, and objection, it is so ordered. for, and ‘‘my lawyers(!)’’ got the employer to he told me that he and his law firm would agree to things I hadn’t even thought to ask Mr. LUGAR. Mr. President, as we are take my case ‘‘pro bono.’’ He said that he in preparation for a debate on farm leg- for! didn’t think a lawsuit (which could take a Not only did he and his associate negotiate long time) would be necessary, because often islation, I want to call to the attention around the employment problems I was fac- these matters could be resolved through of the Senate a very useful and, in fact, ing right then, they took great care to look ‘‘firm negotiations,’’ which he was fully will- remarkable publication called ‘‘Food ahead and watch out for my future interests. ing to undertake for me. He made every ef- and Agricultural Policy, Taking Stock A few months later, when I was able to get fort to reassure me, saying that he and his a new job, with a different employer (as a re- for the New Century,’’ published by the associate would do everything they could to sult of the settlement Mr. Scalia got for me), U.S. Department of Agriculture this ‘‘resolve this.’’ He seemed to sense my ex- I was impressed to receive brief word from summer to state the views of the De- treme anxiety and tried his best to calm my him saying that he had heard of my new job partment, and to offer data for Sen- fears. I was able to walk away with con- and hoped that my daughter and I were well. fidence and hope. ators and members of the public as we . . .’’ The negotiations went on for several began the farm debate. She concludes her letter this way: weeks, but they were tremendously success- I want to quote extensively from Throughout my ordeal, Mr. Scalia went ful—much more than I had even hoped for. chapter 3, entitled ‘‘Farm Sector Pol- out of his way to help. He seemed especially ‘‘Firm negotiations’’ is right: The employer icy’’ because I believe it gives a very

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12410 CONGRESSIONAL RECORD — SENATE December 5, 2001 good outline of USDA’s opinions on that supporting prices is self-defeating. Sup- flation of farmland prices. The effect clearly farm policy as it has progressed in our porting prices is self defeating. Government has been exacerbated by the size of payments country, and as we hope it may attempts to hold prices above those deter- in recent years, some $28 billion in the last progress through constructive debate mined by commercial markets have simply 4 years above the amount provided in the made matters worse time after time. Artifi- 1996 law. on this bill. cially higher prices encourage even more Mr. President, the chapter begins by While the rise in land prices creates wealth unneeded output from the most efficient pro- for some, it works to the disadvantage of saying that: ducers. At the same time, they discourage others. Direct government transfers distort If farmers and farm families all across the utilization, consequently pushing surpluses real estate markets, keeping land prices ar- country share the same goals and face the higher and prices lower. Costs to taxpayers tificially high when commodity prices are same challenges and opportunities, fash- grew until the point was reached where low, as we are seeing today. Higher land ioning farm policy today would be straight- something had to be done. All too often, that prices for consecutive years of large program forward. And, indeed, that is the way it must turned out to be finding ways to restrict out- support make it more difficult for beginning have seemed in the 1930s, when farm families put. farmers by increasing capital requirements. depended mainly on farm earnings and grew The second lesson, Mr. President, of This inflation also makes it more costly for crops and livestock on much the same acre- the USDA book is supply controls existing farms to expand to achieve size age as their neighbors. Then, policy had a proved unworkable, too. economies, either by purchasing or renting more focused objective—helping to reduce These usually involved restricting the additional acres (since land rents move in the wide income disparity between farm fam- amount of land farmed in attempts to reduce tandem with prices). Higher land values do ilies and their urban counterparts—and a output. But the remaining land was farmed benefit local tax authorities and the collat- ‘‘one-size-fits-all’’ approach was more appro- more intensively, and supply rarely was cut eral base of farm lenders, but add directly to priate. Supporting field crop prices provided enough to boost prices to politically satis- production expenses through higher interest widespread assistance, since most farmers factory levels. The programs were costly to and rental costs. Since the land charge is grew some field crops, and helped stabilize taxpayers and consumers and the unused re- such an important component of a farmers’ the entire sector. The farm sector and all of sources were a drag on overall economic per- total cost, sustained increases in land prices agriculture are vastly different today, as is formance. But, perhaps the most important and rents have a decidedly adverse effect on much of rural America. Yet our farm policy of all, limiting our acreage was a signal to the competitiveness of our farmers in the retains vestiges of the New Deal programs our competitors in other countries to expand marketplace compared with those in other and reflects a time of greater homogeneity theirs, and we lost market share that is al- exporting countries, a cause of growing con- across American farms and farm households. ways difficult to recapture. cern in recent years. Today, the farm sector is diverse be- The third lesson of the farm bill is To come to the nub of the problem, yond the imagination of those who stock holding and reserve plans distort the farm sector chapter says: framed the New Deal legislation. On markets enormously. Squaring Today’s Realities With Policies. average, farm family incomes no Isolating commodity stocks from the mar- longer lag, but rather surpass those of Because of their historical evolution, current ket when supplies are abundant is attractive program benefits still are largely directed to other U.S. households. for its short-term price stimulus. But, be- specific commodity producers, resulting in That, I found, Mr. President, to be a cause such stocks eventually must be re- only 40 percent of farms being recipients. remarkable statement, counterintui- turned to the market, they limit the recov- tive to much of the debate we have on ery of prices in the future. Moreover, time That is a remarkable figure. After all the subject. I will mention again: after time, stocks have proved costly to is said and done and the payments are maintain, distorted normal marketing pat- On average, farm family incomes no longer made, only 40 percent of farmers re- terns, ceded advantage to competitors, and lag, but rather surpass those of U.S. house- ceive anything; 60 percent receive prove tempting targets for political tam- holds. Most farms are run by people whose nothing, a fairly large majority. pering. principal occupation is not farming. Markets And, there still is no direct relationship have changed, too. Domestic demand alone is The fourth lesson is: between receiving benefits and the financial no longer sufficient to absorb what American Program benefits invariably prove to be status of the farm. The most financially dis- farmers can produce. Demand by well-fed disparate, providing unintended (and un- advantaged segment of farmers today is the Americans grows slowly, with population wanted) consequences. The rapidly changing low-income, low-wealth group. growth. The promise of new, much-faster farm sector structure produced a wide array growing markets lies overseas, in countries of farm sizes and efficiencies. Many farms And this is defined in appendix 1 of where economic prosperity is emerging for were low cost and the programs were of enor- this book. Essentially, the book points larger numbers of people. mous benefit, enabling them to expand their out that there are commercial farms, As a result, the United States must con- operations. Others did not receive enough intermediate farms, rural residence sider its farm policy in an international set- benefits to remain viable and thus were ab- farms, and then they are distributed by ting, helping farmers stay competitive while sorbed along the way. That situation still size and income. pressing for unfettered access to global mar- maintains to some extent today, even kets. At the same time, Americans’ expecta- though we now have fewer farms. In any event, the most low-income, tions with respect to food have moved well The clarity of these lessons provided sev- low-wealth group comprises 6 percent beyond assurance of adequate quantities to eral emphatic turning points in national pol- of farms, had an average household in- include quality, safety, convenience, and icy. The 1985 farm law proved to be one such come of $9,500, and received less than 1 many more attributes. And expectations now point when, after long debate on funda- percent of the direct payments in 1999. extend to environmental preservation and mental philosophy, a more market-oriented enhancement. approach was adopted. That market orienta- In contrast, 47 percent of payments went to More than seven decades of farm policy tion was extended in the 1990 farm law, mak- large commercial farms, which contributed have provided a rich, full experience upon ing a less intrusive and expensive role for nearly half of program commodity produc- which to draw as we contemplate appro- government in farmer decisionmaking and in tion and had household incomes of $135,000. priate 21st century policies for our industry. the operation of the markets. These are families, obviously, that The view of policies and programs across The Federal Agricultural Improvement and are middle class, upper middle class, Reform Act of 1996— their history has proved very instructive, and they received half of the payments. providing invaluable lessons which, at very A law that currently we have in minimum, can help us avoid the obvious mis- place— Our current broad-scale, commodity-ori- takes of the past. History shows us that ented approach to farm support does not rec- proved to be historic in that it removed growth in farm household income was large- ognize existing wide differences in produc- much of the decades-old program structure, ly due to rapid improvements in production costs, marketing approaches, or overall provided unparalleled farmer decision- tivity, supported by a strong research base, management capabilities that delineate making, flexibility through ‘‘decoupled’’ along with better opportunities to market competitive and noncompetitive operations. benefits, and set a new example throughout products, including export markets and off- It thus is impossible to provide enough in- the world for providing domestic farm sector farm employment opportunities. come support for intermediate farms without support. Many of the program approaches since the overly stimulating production by the lower While that approach is arguably still the 1930s proved not to work well, or not at all, cost, large-scale commercial producers. Even least distorting of markets and resource use, produced unexpected and unwanted con- though many intermediate farms and rural its direct payments— sequences, became far costlier than ex- residence farms receive some program bene- pected, and have been continually modified These are the so-called AMTA pay- fits, only one in four generated enough rev- over time in the long succession of farm ments, Mr. President— enue to cover economic costs. Even more laws. Some major and still highly relevant do share some unintended effects with price problematic is the inability of these farms to lessons learned include: History has shown support programs, namely the artificial in- improve their cost efficiency at the same

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12411 pace as larger commercial operations, whose more sustainable prosperity for farm- The problem comes, to take a very investment in new technologies and ability ers, agriculture, and rural communities specific example of corn, as I men- to expand are aided by program benefits. without engendering long-term depend- tioned earlier in the afternoon, the Another unintended consequence of cur- loan deficiency payment for a bushel of rent programs stems from the increasing dis- ence on direct government support. connect between land ownership and farm I will translate that in many ways to corn in Indiana and in many other lo- operation. While program benefits were in- the debate we are now having. Essen- cations is $1.89. That figure was meant tended to help farm operators, most support tially, the bill that is before the Senate to be a floor. It was anticipated the eventually accrues mainly to landowners in as reported by the Agriculture Com- price of corn would be more than $1.89 the shortrun through rising rental rates and, mittee attempts not only to continue and seldom would it reach $1.89, but in in the longer term, through capitalization fixed payments for 10 years without ac- the event that it did, a farmer could be and to land values. curacy, thus implying a perpetual agri- certain of receiving $1.89 regardless of Land prices in recent years have been rel- cultural crisis the last farm bill in 1996 what the market price might be. The atively robust, especially in areas producing taxpayers generally picked up the dif- program commodities, despite concerns had in mind, that essentially we would about low commodity prices and the future move toward more of a market econ- ference between the market price and direction of farm programs. omy and transition payments would go the loan deficiency payment level, the For many farm operators, renting land is a to certain farmers who have been in loan rate at $1.89. key strategy to expand the size of business the business. But what if corn farmers who were in order to capture the size economics, as This has led to substantial debate in very efficient find that they can evidenced by the fact that 42 percent of the last 5 years because essentially, as produce additional bushels for much farmers rented land in 1999. less than $1.89 per bushel? The incen- Clearly, operators farming mostly rented many have said, there are landowners receiving payments who are no longer tive obviously is to produce as much as acreage may receive little benefit from the possible because $1.89 is guaranteed for program. The impact of income from any farming at all. They literally are not in source, including program benefits on land the business. The contract we made every bushel, and if one is producing values, depends on whether that income is with farmers in the 1996 farm bill was for less than that, it is a profit on viewed as permanent or transitory. The de- that if one had a history of planting every single additional bushel. That does not escape the attention of many gree of certainty that the income will con- corn or wheat or cotton or rice—and tinue in the future and even though produc- of our most efficient farmers, and they eventually soybeans have entered in tion flexibility contract payments were in- have increased their production. By through a marketing loan situation— tended as transitory when authorized by the and large, they have grown. Other com- they receive money on the basis of that 1996 farm bill, subsequent emergency assist- petitors have not grown and, as the history. Thus a part of the distortion ance and a 70-year history of Government in- USDA points out, in many cases have volvement in agriculture have reaffirmed ex- that the USDA now points out: The either sold their properties or rented pectation that support will continue in the payments are heavily loaded toward them to others who are able to obtain future. people who own land, but 42 percent of better results, I suspect. Indeed, Mr. President, in both the those who are actually in the fields This has led to a certain amount of bills offered by the House of Represent- this year rent land. They do not own it. decline in the number of farmers in the atives and by the Agriculture Com- Their rents are higher. As a result, country. But as many farm statisti- mittee of the Senate, the so-called their net income is lower. cians have pointed out, in recent years AMTA payments continue throughout The policy we have adopted essen- the numbers of farms have grown in the entirety of the bills. tially of the fixed payments plus the various sectors of our society, in large There was no expectation that they other aspects, the marketing loans, the part because many Americans who are would be phased out as in the 1996 farm other countercyclical situation, in- professionals in the city, or who simply bill, no anticipation that they would be crease essentially the land values. If wanted a rural life-style, purchased transitory. As a matter of fact, in both someone is a landholder, that is help- small farms or at least some acreage. bills they are larger, and therefore the ful. As the USDA publication points They qualify under USDA standards as impact, which has been found in the out, if one is a mortgage banker hold- a farm situation if they have $1,000 of chapter I am reading, the difficulty for ing a note, the value of that land in- sales. That is the cutoff point. Many do farming, is likely to be exacerbated. creasing is useful. But for young farm- have $1,000, and many maybe have The 1996 FAIR Act also continued the ers coming into the business, this is po- $10,000 worth of sales, but increasingly marketing loan program, another evo- tentially disastrous. There is very lit- large numbers, hundreds of thousands lution of the old price support idea, but tle entry. For those renting, 42 percent, of persons, have qualified as operating importantly modified to avoid govern- certainly they have higher costs year farms on that basis. ment stockholding which proved so by year. Seventy years ago, no one would burdensome in times past. Furthermore, as the USDA publica- have considered attempting to think Marketing loan payments effectively tion points out, all of this is occurring through a farm bill that would be of as- provide a large countercyclical compo- to the benefit of only 40 percent of sistance to all of these additional farm- nent to farm income but distort mar- farmers to begin with. The other three- ers. But as USDA points out, a major- kets by limiting the production re- fifths are out of the picture. ity of persons now obtain more of their sponse to falling market prices. The One of the interesting facets of farm income from something other than program guarantees a price for tradi- debates is many farmers must surely farming, even as they are classified as tional program commodities: Food believe they are benefiting from this. one of the 2.1 million farm situations grains, feed grains, cotton, and oil It is apparent that, really, for time im- in our country. seeds. As market prices have fallen memorial, a minority of farmers have I mention that simply because in below this guaranteed price, total mar- received any benefit. A substantial ma- rhetoric in this debate, or at other keting loan benefits have risen less jority are not touched by this, cer- times, about farm bills, a great deal is than $200 million in the 1997 crop to $8 tainly in terms of their income. said about the plight of the small fam- billion for the 1999 and $7.3 billion to In addition, the farm policies, what- ily farmer and saving that person. In date for the 2000 year crops. ever their intent, have stimulated fact, I would contend most of our farm Since 1996, countercyclical mar- overproduction. As USDA points out, bills have done a pretty good job of keting loan benefits have totaled about essentially the most efficient farmers, that. There literally is a pretty broad $20 billion. While the current policy using the very best of research, using safety net but only if you are in cer- made large strides toward greater mar- the best of machinery and equipment tain types of farming; namely, the row ket orientation, a careful evaluation in and seed, are able to produce a bushel crops—corn, wheat, soybeans, cotton, the context of today’s diverse farm of corn or a bushel of wheat for sub- and rice. For instance, if you are a live- structure and increasingly consumer- stantially less than their domestic stock farmer—hogs, cattle, sheep— driven marketplace still reveals sev- competitors, fortunately for much less these programs do not pertain to you eral misalignments among policy than almost all of their foreign com- at all. goals, program mechanisms, and out- petitors. Therein lies the advantage of Increasingly in our farm debates, we come. Improvement could support the United States in terms of exports. have been hearing Senators describe

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12412 CONGRESSIONAL RECORD — SENATE December 5, 2001 strawberries, cherries, peaches, nuts, billion worth of agricultural provisions so-called farm savings account. A and cranberries. These are sometimes in it. Many of them duplicate items in farmer puts the money from the Fed- known as niche crops, specialty crops, the farm bill we are now considering. eral Government into this account and but clearly are not crops contemplated Perhaps Senators were nervous that he matches it with an equivalent by farm bills. No money in these farm the farm bill would never get to them, amount. At that point, that account bills goes for these crops. That has not and the urgency, at least as they saw remains for a rainy day purpose—once been very satisfying to most Senators it, was that the money in the stimulus again, to stabilize farm income and to who come from States with these con- package might be spent sooner. Per- offer a genuine safety net. Or the farm- stituents. haps so. er may use more sophisticated means The situation now with the specialty We found these same ideas popping of risk management. He also has the crops is, Senators come to the floor up in the debate we had in August, option to use the $6,000 to purchase and ask quite candidly: What is in this when the Senate sent $5.5 billion to other risk management or marketing farm bill for us? We understand from farmers in the country, mostly to row tools that are of equivalent value. the New Deal days onward, people in crop producers, but with a debate on In essence, we recognize all of agri- cotton, rice, corn, and wheat were specialty crops and other things that culture, all of America, all the diverse taken care of; a safety net was there ought to be covered to address their ways in which people make money. We for them. But no one thought about us particular problems. offer a genuine market-oriented pro- in those days. We are thinking about This simply reinforces what USDA gram through a variety of risk man- ‘‘us’’ now. has started in chapter 3 of its recent agement options (including whole farm As a result, the Senate fields annu- policy book; namely, one size doesn’t revenue insurance) so that essentially ally a large number of disaster bills. fit all. As a matter of fact, the number no farmer could do worse than 80 per- Somewhere in the United States of of farming operations in terms of size, cent of his annual income in any kind America, the weather is not good for scope, altogether the things they are of disastrous year. We encourage sav- whoever is doing whatever they are doing, is so diverse, it is very difficult ings accounts with a matching Govern- doing. They point out that although for any farm bill to encompass a major- ment contribution, to increase the corn growers or cotton growers are ity, or even a small minority of oper- farmer’s financial reserves and enhance having their problems, the strawberry ations, for that matter. the financial viability of the family growers and others are also having a This is why, as we have this debate farm. This has the virtue of being rel- very tough time in other areas. Or the on the farm bill, I look forward to the atively inexpensive. That particular cranberry situation is a disaster. opportunity to offer an amendment to virtue has escaped the debate thus far As a result, the plea comes for dis- the commodity section. I tried to look altogether, in large part because Sen- aster assistance payments to these realistically as to what is occurring on ators have competed with each other to farmers. The USDA, as a rule, has not American farms today. I am saying provide more subsidies for more con- been geared up to make these pay- that in Federal policy, strawberries stituents. I understand that urge. But I ments because there is no particular and cattle should be treated no dif- have also suggested that this debate is crop history or there is not a tradition ferently than wheat. occurring at a time in which it is of making the payments. As a result, In essence, we should take a look at prophesied by the Office of Manage- the payments don’t occur for a while the whole farm income. Each farmer ment and Budget that we will have 3 because USDA must establish regula- must file with the Internal Revenue years of Federal deficits. tions as to who is eligible, how to Service the proper returns that indi- One can say, after all, if we are doing verify this, and how to audit these sit- cate all income generated on the farm. deficit spending into deficits for all uations. Nevertheless, as we have had For many farms that are fairly diversi- sorts of other things, the farmers the disaster bills or supplemental bills, fied, that have income from cattle, ought to have their share of the deficit each summer more and more Senators from hogs, perhaps some from timber, spending, too. But that is not the way are finding the focus of these disaster perhaps some corn and soybeans, some- this debate began. It began with the bills is not very wide. This is also the times some wheat. In the South, more thought that we were going to have a case with the farm bill. The 40 percent likely it is from cotton or rice, along $300 trillion surplus for the coming who get the money are not 100 percent; with the livestock. In essence, we are year and, for that matter, for most of the Senators who represent the other saying, income earned from all agricul- the years in the coming decade. I have 60 percent say: What about us? tural production should be treated argued earlier on that the outlays, in We have had hearings before the Ag- equally in federal farm policy. my judgment, lead to overproduction riculture Committee, and there are de- Take the example of a farmer who re- and lower prices, distorted land values, bates among people in the so-called ceives $100,000 a year in agricultural and make it tougher for young farmers, specialty crops—fruits and vegetable sales from all sources. Under the bill I tenent farmers, and farmers that rent and so forth. Some say: Leave us alone. presented to the Agriculture Com- land. You have pretty well mangled other mittee, that farmer would declare that markets. Supply and demand still per- income, and he would receive a $6,000 But leaving aside that argument, I tains in what we are doing without credit from the Federal Government make the argument now that we do not government supports, without sub- (or 6 percent of that $100,000) to be uti- have the money. We have not had the sidies. As a result, there is risk but lized in one of three ways. The $6,000 money for some time. It is obvious to there is also reward. The market works could be used to purchase whole farm everybody who has common sense out- for us. Don’t gum it up. revenue insurance, guaranteeing 80 per- side the agricultural debate. But some- On the other hand, many well-mean- cent of the 5-year income to that farm; time it will dawn upon most Ameri- ing Senators trying to help constitu- in other words, a genuine safety net cans, and they will wonder what we are ents are not prepared to take that for created on the basis of the history of doing here. an answer. They visit with many farm- that operation. If the farmer has had Senators who rush back to their con- ers who have had genuine disasters $100,000 of income 5 years in a row, ob- stituents and say, ‘‘I got $173.5 billion caused by the weather or other prob- viously, the average is $100,000, and the in farm subsidies for you,’’ may find lems, and they want relief for these farmer would receive a $6,000 govern- some skeptics who will say, ‘‘Where constituents. Again and again, the dis- ment credit. This would buy an 80 per- was the money? Where did you find the aster bills try to address all of these lo- cent whole farm revenue insurance pol- money?’’ calized problems. icy, which means that in a case of a The Senator may say, after all, the The so-called stimulus package of- disaster or a downturn of income, that farmers deserve the same benefits as fered to the Senate—which we are not farmer is guaranteed at least $80,000 of everybody else. There was not any considering for a variety of reasons, income. That premium would be paid money, but there will be someday. and which I gather is now grist for the for by the $6,000. Surely, this thing will turn around. mill, with the overall group discussing Say the farmer has some money left Maybe so, maybe not. My constituents this in a bicameral way—had about $6 over. He could utilize that then for a in Indiana are wondering about this.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12413 Two percent of us, and I include my- Mrs. FEINSTEIN. Mr. President, I clear that I can’t support that help if it self among this group in Indiana, actu- ask unanimous consent the Senator greatly disadvantages the dairy farm- ally are in the farming business. That from North Dakota, Mr. DORGAN, be ers in California. is a declining number. But 98 percent recognized immediately upon the con- I think the California Secretary of are not. Maybe those of us who are in clusion of my remarks. Agriculture put it best. I would like to the 2 percent count upon the 98 percent The PRESIDING OFFICER. Without quote from a letter dated December 3: never looking into this picture and objection, it is so ordered. Consumers will see higher prices for fluid wondering how in the world it is all Mrs. FEINSTEIN. Mr. President, I milk. In the Senate bill, it is 40 cents more formulated and why we are receiving rise to talk about the farm bill as it is a gallon for milk. money. But more and more of the 98 presented to this Senate, and specifi- State law and economics dictate that Cali- percent are looking into it. cally the dairy part of that bill. I rise fornia’s dairy prices must bear a reasonable with the knowledge that some negotia- relationship to milk prices in neighboring What is occurring is not a mystery to regions. editorial writers in Indiana. They write tions are going on to see if that par- California law, like it or not, ties us about it all the time. So do people in ticular dairy program cannot be im- into any pooling agreement that might the Associated Press. So do people who proved, at least improved from the po- be made. are local reporters. They are reporting sition of California. The present bill, as As fluid milk prices in surrounding states how much money farmers are receiving drafted, before this body, is one, frank- rise, California fluid milk prices would be in- in Indiana, county by county, by dol- ly, I cannot support. I cannot support creased in a corresponding manner. Unfortu- lar. it largely because of the dairy provi- nately, the higher milk prices will force This comes as a revolutionary sur- sions. some consumers to switch to less expensive— prise. Many farmers are able to ex- I thought it might be helpful if I re- and less nutritious—non-dairy alternatives. plain—I try to do so, too—that these lated my experiences. The problem is Dairy processors would be negatively im- payments come because we have a farm that some States have many small pacted by this loss of fluid milk sales. program which was supposed to be a farms, 60 to 80 cows, and other States At the same time, California’s dairy farmers will also lose under the Senate plan. In- transition program. We were going to have larger farms. That is where the creases in fluid milk prices will undoubtedly move from heavy subsidies to the mar- subsidies intermesh to really create a lead to increased milk production. Once an ket in a 7-year period of time in the very difficult playing field for Cali- area covers its needs for fluid milk, the addi- last farm bill. These were transition fornia. Essentially the provisions in tional milk goes for manufactured product payments. Other payments come, like- the agriculture bill that is on the floor such as cheese, milk powder, and butter. wise, because of the loan deficiency now would force consumers across the California is the leading producer of both payment business that I just explained. United States to pay $1.8 billion more milk powder and butter. California is the There is a floor price, really, for every for milk each year. It would drive down second largest producer of cheese, and in fact only 19 percent of California’s milk produc- bushel of corn, every bushel of soy- essential income to dairy farmers who tion goes for fluid milk. By simultaneously beans. produce the milk contained in most of stimulating production while dampening de- Some payments come because of con- our Nation’s dairy products. mand, the Senate plan strikes at the heart of servation and cooperation by farmers California is the largest dairy State California’s dairy economy by severely de- to do things that are very helpful as in the Nation. Last year, dairy farmers pressing prices for manufactured dairy prod- stewards of land and water. So there produced 32.2 billion pounds of milk. ucts. are good reasons for some of these pay- Over 19 percent plus of the Nation’s I ask unanimous consent that this ments. Most constituents understand supply comes from California. The in- letter be printed in the RECORD. that. dustry is a $4.3 billion industry in the There being no objection, the letter But they do find it difficult to under- State, and dairy is the largest part— was ordered to be printed in the stand why persons on Indiana farms most people do not know that—of what RECORD, as follows: that appear to be very prosperous re- is a $30 billion agricultural industry. CALIFORNIA DEPARTMENT OF FOOD ceive hundreds of thousands of dollars We have 2,000 dairy farms in the & AGRICULTURE, from the Federal Government. They State—2,100 to be exact. We lead the Sacramento, CA, December 3, 2001. are wondering, have we missed some- Nation in the total number of milk Hon. DIANNE FEINSTEIN, thing here? Was it the argument about cows at 1.5 million. I often joke I wish U.S. Senate, the devastation of rural America, the they could vote. The California indus- Washington, DC. DEAR SENATOR FEINSTEIN: I recently wrote loss of income of people, the loss of try produces 122,000 jobs and contrib- to you expressing concern about the pro- farms, young farmers coming in, and so utes $17.5 billion overall in the econ- posed changes to the federal dairy system on? And they wonder how are any of omy each year. and its impact on California. While this pro- these persons helped in the process? These are full-time, year-round jobs posal has changed since that letter, its im- I am saying that these folks whom in agricultural counties that make up pact remains negative for California’s con- we intend to make beneficiaries are the heart of the great California cen- sumers and dairy producers. not in fact helped and have not been tral valley. Dairies provide jobs for The new plan, contained in S. 1731 as of for some time. farmers who grow and ship feed, for this writing, would apply to only the federal Let me conclude this explanation order program. However, it would have enor- farmhands who milk the cows, for mous consequences to this state. with some principle that I found to be workers in the processing plants who Consumers will see higher prices for fluid useful in an USDA publication, and I make our famous California cheeses, (drinking) milk. State law and economics commend it to the attention of Sen- and for packers, marketers, and many dictate, that California’s dairy prices must ators because I think it offers a fairly others. In fact, in the great San bear a reasonable relationship to milk prices good foundation for this debate on Joachin Valley, one in every five jobs in neighboring regions. As fluid milk prices farm policy. As the debate continues, I is dependent on the dairy industry. If in surrounding states rise, California fluid want to return to other aspects that I California were a separate nation—I milk prices would be increased in a cor- found especially illuminating in the responding manner. Unfortunately, the high- think most people do not know this—it er milk prices will force some consumers to same publication, but I offer this, at would rank eighth in the world in milk switch to less expensive—and less nutri- least as some basis for an amendment I production, fifth in the world in cheese tious—non-dairy alternatives. Dairy proc- intend to offer in due course in the production, and ninth in the world in essors would be negatively impacted by this commodity section, which I believe butter production. loss of fluid milk sales. will be constructive, which will be I want to make it clear that we are At the same time, California’s dairy farm- more fair, and which will clearly be talking about California more than any ers will also lose under the Senate plan. In- less expensive, and which has at least other State when you talk dairy. So it creases in fluid milk prices will undoubtedly lead to increased milk production. Once an some semblance of reality, considering is simply not possible to leave Cali- area covers its needs for fluid milk, the addi- the times we are in, fighting a war and fornia out of any dairy equation. tional milk goes for manufactured product recession and attempting to do com- I am aware that the dairy industry, such as cheese, milk powder, and butter. mon sense things as Senators. particularly in the Northeast, needs California is the leading producer of both I yield the floor. government help. I want to make it milk powder and butter. California is the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12414 CONGRESSIONAL RECORD — SENATE December 5, 2001 second largest producer of cheese, and in fact Prices for milk are based on how the supply management boards, and in- only 19 percent of California’s milk produc- milk is used, which is referred to as creases in assessments on dairy pro- tion goes for fluid milk. By simultaneously ‘‘ultimate utilization.’’ Since over 80 ducers. stimulating production while dampening de- The dairy program is a bad part of mand, the Senate plan strikes at the heart of percent of the milk in California is California’s dairy economy by severely de- used to produce these dairy products, this farm bill. pressing prices for manufactured dairy prod- any excess milk will drive down the I would like to read into the RECORD ucts. prices received by California dairy pro- the agricultural groups that oppose the This is the case even though the Senate ducers. Other States with small dairies dairy provisions currently in this bill: plan will primarily increase production in can take advantage of government sub- California Farm Bureau Federation, other parts of the country. Manufactured sidies no matter what the milk goes Alliance of Western Milk Producers, dairy products may be easily stored and Western United Dairymen, California transported. Accordingly, the markets for for. But States such as California are excluded under their proposal because Dairies Incorporated, Milk Producers these products are nationwide so that even if Council of California, Montana Dairy increased production were limited to other dairy farms have large herds. The aver- regions, California’s prices for its manufac- age size of the 2,100 herds in California Association, Dairy Producers of New tured products will drop significantly. is 656 cows. Mexico, Idaho Dairymen’s Association, The Alliance of Western Milk Producers Again, this is an attempt to take Oregon Dairy Farmers Association, estimate that over 9 years the bill would money from California to give it to Texas Association of Dairymen, Utah have the impact of reducing California dairy Dairymen’s Association, and the Wash- farmer’s revenue by approximately $1.5 bil- other States. Dairy producers estimate they are ington State Dairy Federation. lion. At the same time, California consumers It is not only California, it is a num- going to lose $1.5 billion over the next would pay an additional $1.5 billion in higher ber of Western States that would be se- 9 years if the provisions in the Senate retail milk prices. The Alliance estimate riously impacted by the dairy provi- seems reasonable using the analysis com- farm bill are enacted into law. sions of this bill. pleted earlier by the University of Missouri’s Let me read a couple of letters from Food and Policy Research Institute. Our Let me say in conclusion that a na- California’s dairyland. tional dairy policy that strikes at the economists concur with these estimates. Jim Tillison, Chief Operating Officer of Without question, dairy policy offers some The Alliance of Western Milk Producers, heart of California’s dairy industry and of the most contentious issues in agri- writes that the dairy program in the Farm other Western State dairy farmers is culture. The sole positive attribute of the Bill ‘‘is bad for California’s consumers and it not an option. I cannot support a farm Senate plan is that it has united California’s is bad for California’s dairy farm families.’’ bill that harms California. I hope the dairy consumers, producers, and processors He estimates, ‘‘the net loss of revenue from negotiations going on to try to come in opposition to the proposal. Whatever it manufactured milk will decrease California does for the rest of the country, it is bad for up with another formula to meet this dairy farm family income by $1.5 billion over concern are successful. our state. the next 9 years.’’ The Alliance of Western I thank you and your staff for all of your I thank the Chair, and I yield the Milk Producers is a trade association that efforts on behalf of Californians. If I may be floor. represents California dairy cooperatives. To- of any assistance to you on this or any other Mr. President, I appreciate the unan- gether, Alliance member cooperatives mar- matter, please do not hesitate to contact me. ket approximately 50 percent of the milk imous consent agreement to recognize Sincerely, produced in California both as raw milk and the Senator from North Dakota. But I WILLIAM (BILL) J. LYONS, JR., as processed dairy products. also notice that he is not present at Secretary. this time. I ask that the unanimous Mrs. FEINSTEIN. Mr. President, I Rachel Kaldor, Executive Director of the Dairy Institute of California, a consent agreement be rescinded. said that California families under the The PRESIDING OFFICER. Without state trade association representing Senate bill will pay 40 cents more per objection, it is so ordered. the manufacturers of over 70 percent of gallon of milk. That is according to the The Senator from Arkansas. California Department of Food and Ag- the fluid, frozen, and cultured dairy Mr. HUTCHINSON. Mr. President, I riculture. That represents a net cost to products in California, writes, ‘‘any rise today to voice my strong support the industry of $1.5 billion over the 9 legislation which creates federal price for the consideration of the passage of years of this bill. floors, production limits and income a farm bill this year. We have been dis- Do we really want to make it more redistribution—national pooling—is cussing and debating and moving for- expensive for parents to provide cal- bad news for California.’’ ward with a number of pieces of legisla- cium to their children? Do we want to In another letter, Gary Korsmeier, tion, but, in my home State of Arkan- deprive the elderly of nutrition that Chief Executive Officer of California sas, there is no piece of legislation strengthens bones, fights cancers, stops Dairies Incorporated reports, ‘‘the milk more important than the pending farm osteoporosis? Do we want to make fam- prices for California farm milk used in bill. ilies cross milk off their grocery list cheese, butter, nonfat milk powder and Two major issues that have been dis- because it costs too much? I don’t other dairy products, would drop by cussed are biosecurity and economic think so. $2.9 billion dollars.’’ Korsmeier predicts stimulus. For my State, the farm bill For Californians, the legislation is a the average dairy farmer in the cooper- addresses both of these issues. I urge double-edged sword. Not only will a ative would lose $71,000 per year. Cali- my colleagues to move forward with mother in Los Angeles be paying more fornia Dairies Incorporated is a mem- this legislation expeditiously. every week at the grocery store, but a ber of the Alliance of Western Milk I commend Chairman HARKIN for father who runs a dairy farm in Mo- Producers. Formed from the merger holding a markup this year and not desto will see his income slashed, if last year of three California dairy co- bowing to those voices that said we this bill becomes law. For one co-op, operatives, California Dairies’ 700 should delay this. this represents a loss of $71,000 per members account for about 40 percent While I do not claim that the Harkin dairy farm. of California’s milk production. bill is my preference on a number of The payment formula may be com- I could go on and on. I can talk about issues, I am pleased that the Agri- plicated and crafty, but the winners lower milk consumption, increased culture Committee worked so hard and and losers are clear. California is tar- milk production, and dramatically in- so diligently in getting a bill out of geted by this bill to be a loser. creased government expenditures on committee this year. I hope the full Like other goods, a higher price es- the dairy program. I can talk about an- Senate will now act expeditiously. tablished for fluid milk by law—not the other layer of bureaucracy and exacer- For rural America and for most of market—will cause families to buy bation of regional disparities. I can Arkansas, an economic stimulus pack- less, as I said, and cause suppliers to talk about providing another chance to age must be tied to agriculture. To get an improper price signal to produce pit big producers against small pro- talk about passing an economic stim- more. If there is too much drinking ducers and reduction in the percentage ulus package and not doing a farm bill, milk in the marketplace, it spills over of producer income that is derived from for the State of Arkansas simply does to compete against milk used to the market. I can talk about contra- not make sense. For Arkansas, the two produce cheese, butter, milk powder, dicting congressional intent for the complement one another and are intri- and other dairy products. current program, setting up regional cately related.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12415 The agriculture industry in Arkansas of agriculture policy and the assistance and criticizing the various farm bills. has been in distress over the last few available for farmers and rural commu- Despite these reports, I would argue years due to a combination of high en- nities over the next 5 years. that strong farm policies are abso- ergy prices, low commodity prices and In committee, there were a lot of lutely essential to assure the safe, difficulties in opening up foreign mar- compromises that were reached. In a abundant, and affordable food supply kets to American goods. bill of this scope, with the impact it we enjoy in this country. The farm pol- Agriculture and agriculture-related will have on rural America, it is never icy of the past may not have been per- activities account for a full 25 percent possible to please everyone. The goal of fect, but it is that which has given the of my State’s economy and provide $5 this farm bill, from the beginning, was American people the safest, most abun- billion in farm income. It is Arkansas’s to re-craft a failing policy and provide dant, and most affordable food supply single largest industry. Farming is, in the assistance and certainty that our in the world. Our farmers are, in fact, many ways, the lifeblood of my State. producers must have. the best in the world. This is a testa- It is imperative that a new farm bill be This policy is extremely important. ment to their hard work and their com- passed this year, which is why many of In many cases, it will determine mitment to advancing agriculture. But us have worked so hard to push for the whether or not farmers in the State of their hard work must be joined by completion and passage of a farm bill Arkansas will be able to plant next sound agriculture policy. while we are still in session this year. year, and, in an even broader sense, it I realize the diversity of agriculture Fewer and fewer farmers in my State will determine if many of the hard- in different parts of this country. How- are able to continue farming due to, working farm families in Arkansas will ever, I also realize a farm bill is just not a recession, but a depression that be able to continue to work their land that, it is a farm bill meant to reflect the agricultural sector has experienced and make a living. and address the needs of our agricul- over the last few years. While the rest Over the past 4 years, rescuing the tural communities. Numerous titles of of the economy grew and benefitted farm economy has cost over $30 billion this bill address key issues of rural during the late 1990s, agriculture was in emergency Federal farm aid. It is America, but if farmers are not farm- one of the very few industries that ac- quite clear that our current farm pol- ing, what will happen to those commu- tually suffered during this time. icy is not working. It has been an ad nities then? What will happen to the hoc policy. We have been forced to ad- Let me share with my colleagues just seed dealers, the bankers, the car deal- dress short-comings annually. The cur- a few of the statistical facts regarding ers, and a whole host of industries di- rent policy has been devoid of cer- the farm economy in my State over the rectly reliant upon the farm economy? last few years. These are Arkansas-spe- tainty—creating instability in the As you are all aware, there are nu- cific numbers from the USDA. farm economy across this country. It merous proposals out there to address In 1996, the price for rice was $10.20 has resulted in farmers never really the farm sector’s needs. While I worry per hundredweight. For the year 2000, being sure of what Congress is going to that the best possible policy might not do, and it has resulted in Congress hav- that price was $5.70 per hundredweight. emerge, I do believe we will make im- ing make ad hoc emergency assistance In 1996, for the entire rice crop produc- provements to our current policy. I am as needed from year to year. tion in Arkansas, the value was $733 It is imperative that we end the an- firmly behind moving forward and million. In the year 2000, the value of nual struggle where Congress must find completing a farm bill this year. It is a production had dropped to $490 million. money and make available large num- must for our farmers. I believe that, in Next, let me share the statistics on bers of emergency funds to support our the end, we will work to provide for the cotton. In 1996, the price was 71 cents a nation’s farmers due to insufficient ag- needs of our nation’s producers. pound. In the year 2000, the price had In terms of trade, I agree with the ricultural policies. We must recognize Secretary of Agriculture, in her testi- dropped to 56 cents per pound. In 1996, the needs of our farmers and address the cotton crop value of production them. mony before the Agriculture Com- was $555 million. By the year 2000, that My views, and the views of a few mittee, that expanding trade is an es- had dropped to $388 million. other Members, were made quite clear sential part of agriculture policy. I be- In 1996, for wheat, the price was $4.38 with the introduction of S. 1673. I still lieve that aggressive action on this per bushel, but, in the year 2000, the believe that the bipartisan com- front will greatly benefit our producers price had dropped to $2.40 per bushel. In promises we came to in that bill would and allow the United States to fully terms of the value of production, in provide the type of assistance our participate in the proliferation of trade 1996, the wheat crop was valued at $293 farmers need while providing a healthy agreements that are now emerging out million; by the year 2000, it had framework for agriculture policy in the of Latin America, Asia, and with our dropped by more than half to $142 mil- future. allies in the Middle East. lion. This is indeed a unique time in our Agriculture trade can open up whole For soybeans, a major commodity Nation’s history. Now, more than ever, new markets and provide our country crop in Arkansas, the price was $7.34 our country is looking to its leaders for with new friends abroad who will be per bushel in 1996; in the year 2000, the guidance and support. Our national se- able to share in our wealth during pros- price had dropped to $4.90 per bushel. In curity has been tested, and our econ- perous times and come to our aid in 1996, the value of production was $824 omy is in need of a stimulus. Through- times of need or tragedy. million; in the year 2000, the value of out all of this is the need for strong, However, trade also requires compli- production dropped to $407 million. comprehensive policies that reflect the ance with international agreements. Overall, the net farm income for ag- needs and priorities of our country. While I have been critical of some of ricultural production in my State has I do not need to tell this body that the provisions in past trade agree- gone from about $2 billion in 1996 to agriculture is one of these priorities ments, and will likely have misgivings just over $1.5 billion in the year 2000. and that a strong, responsible, and about some future agreements, I under- That is a decline of nearly half a bil- well-crafted farm bill will ensure the stand the importance of the United lion dollars. In a small rural State such assistance our farmers and rural com- States keeping its word. as Arkansas, that impact is dev- munities need while providing the sta- As Senator CONRAD has pointed out astating. bility and certainty they must have to in committee and on the floor with nu- It is my sincere hope that we can get continue over the next 5 to 10 years. merous charts, we don’t support our a farm bill into conference, get it While I have been pleased with the producers at nearly as high a level as passed, and signed by the President steady progress we have made with the our European competitors. Our farmers this year. farm bill over the last few weeks, I are at a strategic and competitive dis- There are few issues that are fol- urge my colleagues to push hard to advantage. The way to fix this problem lowed as closely or scrutinized as com- complete the consideration of the bill is with green box payments. Senator pletely as agriculture policy. The Agri- so we can provide for the needs of our COCHRAN and Senator ROBERTS are to culture Committee was given the very nation’s farmers. be commended. They have crafted a great responsibility of creating a farm Over the last few weeks there have proposal in committee—and I assume bill that will determine the direction been reports criticizing farm policy will be offering it on the floor as well—

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12416 CONGRESSIONAL RECORD — SENATE December 5, 2001 providing the support our farmers need Without farmers working the land, many ways. Family farming ought not while remaining true to our obligations without the type of technical expertise be out of fashion. It ought not be yes- abroad. While there may be other pro- present in our country’s agricultural terday’s policies. It ought to be what posals that are WTO compliant, few sector, we would not have the abun- we aspire for tomorrow’s food supply. would provide the level and assurance dance of nutritious food we enjoy in Family farming ought to be an impor- of support that the Cochran-Roberts this land. tant part of this country. proposal would. Our farmers are indeed the best in Why do we need some special help for The greatest fear of many farmers the world. They are early adopters of farmers? Why do we have a farm bill? and their lenders in my State is repli- new technology and enhanced growing That is a good question. In fact, the cating a system where a farmer is not techniques that allow them to increase U.S. Department of Agriculture was certain of the level of support they will production while reducing the environ- created in the 1860s by Abraham Lin- receive from year to year. This has mental impact of agricultural activi- coln with nine employees. My feeling is been the fatal flaw with our current ties. Much of these great strides for- we don’t need a Department of Agri- policy. The rapid phase-out of the ward have been the direct result of this culture if the sole purpose is not to fos- fixed, AMTA-style payments in the nation’s commitment to its farmers. ter a network of families that farm Senate version of the farm bill that This Nation has its roots in its fertile this country. If our goal is not to foster came out of committee is very trou- soil. It is important that we remember a network of family producers for bling. That style payment is one of the that agriculture has been, and will con- America’s food supply, then I say put a only true green box payments in the tinue to be, a source of great strength padlock on USDA, turn the key, and bill. If the WTO calls for lowering al- and security for our country. get rid of it. We don’t need it. lowable amber box payments, these I conclude by emphasizing to my col- If the goal, however, is to foster a payments may be the only money al- leagues just how important the farm network of family food producers be- lowable for safety net purposes. bill this year is. It is an absolute must- cause we believe, both for social and While I support moving forward, I be- have for our nation’s farmers and rural economic purposes, it strengthens and lieve the assured levels of assistance in communities. I hope we will move for- enhances this country, then let’s write S. 1673, the House bill, and the Coch- ward quickly and responsibly. a farm bill that does that. Let’s write ran-Roberts approach are, by far, more I yield the floor. a farm bill that supports that. The cur- favorable than some of the other pro- The PRESIDING OFFICER (Mr. rent one does not. We haven’t had one posals circulating that would diminish REED). The Senator from North Da- that supports that for a long while. these payments. kota. It is interesting, I come from western In addition to trade, conservation is Mr. DORGAN. Mr. President, are we North Dakota, a very sparsely popu- a key component of the farm bill, as it in the postcloture period for debate? lated part of the country. We had a lit- should be. Our farmers and ranchers The PRESIDING OFFICER. Yes, we tle dispute recently in western North are stewards of our nation’s natural re- are. Dakota with prairie dogs. I got right in sources. It is important that incentives Mr. DORGAN. Mr. President, we are the middle of the dispute. I can’t stay be available that encourage and reward now, as I understand it, in a 30-hour out of a dispute like that, I guess, environmental stewardship. It is my postcloture period following the clo- much to my detriment. belief that this is an important compo- ture vote on whether we should proceed Here is the situation. It relates to nent of farm policy, but it is a compo- to consider the farm bill. what is happening in western North nent that must be balanced with other I don’t quite understand this, frank- Dakota. We are in western North Da- titles in the bill. ly. We ought not to have had a vote on kota becoming a wilderness area. There I strongly support the increased acre- whether we should proceed to the farm is no Federal designation. We don’t age for WRP in all of the proposals we bill. Of course, we should proceed to need one. We are fast losing people. My have seen. CRP has also been an impor- the farm bill. Who on Earth thinks we home county was 5,000 people when I tant program for Arkansas. In addi- should not proceed to write a farm bill. left it. It is now 3,000 people. I left a tion, the Wildlife Habitat Incentives The current farm bill is a miserable small county in southwestern North Program has also been successful in failure. Not many people in the Senate Dakota. It is actually pretty big in ge- promoting the health of wildlife in Ar- have farmed under that farm bill, as a ographic size. I left to go off to college. kansas. These are all good programs. matter of fact. Those who have had to It was 5,000 people; now it is 3,000 peo- While I support these programs, I be- try to raise a family and operate a fam- ple. lieve a balance must be struck. I agree ily farm under this current farm bill, The adjoining county just south of with many of my colleagues that this Freedom to Farm, understand it is a the badlands in western North Dakota is done by strengthening programs we miserable failure. The whole premise of is Slope County, about the same size. know are successful, where we know the current farm bill was a failure. Actually, it is almost as big as one of our funding can be maximized to the The premise was, whatever happens the small eastern States. It has 900 benefit of the environment and the ag- in the marketplace, that is all fine and people; seven babies were born in that ricultural sector. that is all farmers need to know. And if county last year. So I come from a part As we have learned from the last few the marketplace collapses and farmers of the country that is losing population years, a farm bill must provide a safety don’t have support for their products hand over fist. People are moving out, net for producers through a good com- and they go broke, God bless them; the not in. modity title. A sufficient commodity country doesn’t care. America will be Family farmers and ranchers are not title is absolutely essential in pro- farmed from California to Maine, and able to make a living so they leave. viding the support needed by our coun- we will have giant agrifactories. We Their dreams are broken. All that they try’s farmers. Without these programs, will still get food on the grocery store aspired to do to live on the land and our farmers would be at an incredible counters. Under the philosophy of make a living with their family, all competitive disadvantage with our Eu- Freedom to Farm, family farmers are those dreams are gone. ropean counterparts. Many of our kind of like the little old diner left be- Then this past spring, the U.S. Park farmers would simply be put out of hind when the interstate highway Service, which is also in western North business. comes through—kind of nice to talk Dakota, had a problem. Out in the bad- The farm bill must reflect the needs about, nice to think about, nice to re- lands of North Dakota we had a little of our country’s producers. It must also member, but they are not part of picnic area, and it belonged to the tax- allow the Congress to avoid the costly today. payers and the Federal Government. It ad hoc emergency spending that has People who think that way couldn’t was our picnic area. The prairie dogs, characterized farm policy for a number be more wrong. The seed bed of family fury little creatures, took over this of years. values in America has always come picnic area. Prairie dogs are very much Proper funding and allocation of from family farms. It is the road to like rats except they have a button these funds is essential in allowing our small towns and big cities and has nur- nose and furry on the tail, and they farmers to remain on their farms. tured and refreshed this country in multiply quickly.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12417 So the prairie dogs took over the pic- this truck with mattresses and they not do that between when they plant nic area. Our Federal Government don’t get hurt. the seed and when they harvest it; and sprang into action. They just sprang Then 2 weeks later, on the national then they go to the grain elevator with into action and did an environmental news I saw that in Japan they were no understanding that their product is assessment—an ‘‘EA,’’ they called it. selling prairie dogs for $250 apiece as going to have any value at all. They They did a finding of no significant im- pets. I am thinking to myself that here are the only small enterprise that has pact—some sort of SNIFF; there are is a solution to a problem. Hire that all of those concurrent risks at the acronyms for these major things they guy from Oklahoma, suck those prairie same time. do. They jumped right into action. You dogs out of the holes, ship them to The question for this country about know what the conclusion was? If the Japan, reduce our Federal trade deficit, its security and about the nature of its prairie dogs have taken over the picnic save the taxpayers a quarter million economy is: Do we want to maintain a area, then move the picnic area. It is a dollars, and reclaim our picnic network of family producers producing quarter of a million dollars to move grounds. Of course, that was way too our food or not? It is very simple. Eu- the picnic area. simple for the Park Service. rope has made that decision. Long ago, That doesn’t make much sense to me. I digress a bit only to say this: When Europe decided it wants family pro- I said: Why don’t you move the prairie you get a prairie dog problem, you ducers to be producing food for Europe. dogs? We are not short of prairie dogs, have the whole darn Government run- Why? Because Europe has been hungry we are short of people in western North ning to see what they can do about it. in its past and doesn’t want to be hun- Dakota. We are not short of prairie But when you have a problem with gry again. It believes food production dogs; move them. family farmers making a living, who by family units is a matter of national They said: We can’t do that. invest all they have in the spring to security for Europe. We ought to be- I said: When I was a kid, 14 years old, plant a seed and get on the tractor to lieve the same for the United States. the rats took over our barn and my dad plant that seed, and then they hope be- I grew up in a town of 300 people. asked if we could have a program to yond hope that the insects won’t come, When I was a boy, in my hometown, I get rid of the rats. And myself and two that it will rain enough—but not too would go on Saturday night to my other 14-year-old boys very quickly much—so they won’t have crop disease, hometown and it was full of cars. The pointed out to the rats that the dump- that they won’t have hail, and that if barber shop was open until midnight. ing grounds for our town was about a they are lucky, in the fall they will be The barber was cutting hair there at mile away, and lo and behold we got rid able to get out there with a combine all hours of the night on Saturday of the rats. and harvest the grain and put it in a 2- night. It was like a festival on Satur- I said: Hire three 14-year-old boys ton truck, only to find out when they day evening in my hometown. That is from western North Dakota to get rid drive that truck with a load of wheat not the case anymore. Family after of the prairie dogs, and it won’t cost to the elevator, the elevator and grain family after family have gone broke— you very much. We will reclaim our trade will tell them: This food you pro- forced to leave the family farm because picnic grounds. duced doesn’t have any value. This food they could not make a living raising I said: The point is, I am really inter- you produced on your farm doesn’t their grain and the livestock and sell- ested that you are going through this have value. ing them at prices that the grain trade machination with respect to prairie That family farmer on that farm and the exchanges provided. dogs and picnic areas, when I can’t get scratches his head and says: What is Now, one might say that is just the anybody interested in the fact that our this about? Our food has no value? way things are and there is really State in the western part and in most We have a world in which a half bil- nothing you can do about that. Europe rural counties is systematically being lion people go to bed every night with didn’t decide that. They said: We want depopulated. Family farmers are going an ache in their belly because it hurts to maintain a network of family pro- broke, ranchers are going broke, people to be hungry, and we are told the food ducers for our national security. We be- are moving out. We can’t get anybody we produce in abundance has no value. lieve food security is critically impor- interested in what all that means and Are we not connecting the dots some- tant, and we want to maintain a net- the consequences of it, but you have a how? Is something missing here? The work of family farm producers for that few prairie dogs move into a picnic farmer who is told his food has no purpose. Go to Europe and to a small area and, by God, the whole Govern- value goes to the grocery store on the town in rural Europe on a Saturday ment has studies going on and they are way home and picks up a box of puffed night and see what you find. You will going to spend money to move picnic wheat, or puffed rice, or Rice Crispies, find that those small towns are alive, grounds. or shredded wheat. What they discover as I described my small town was many I said that is a strange set of prior- is that someone discovered that grain decades ago. They are alive and thriv- ities, in my judgment. I have gone off had value. It wasn’t the person who ing. Why? Because the blood vessels a bit, but in fact it is hard to get peo- produced it, who risked their money to that create the economy of a small ple interested in the real issues. The produce it. It was the person that town come from family farms to these real issues in western North Dakota puffed it, crisped it, crackled it, popped small communities and nourish those are that family farms are losing their it, put it in the box, and sells it for 100 small communities. shirts. Ranchers have had a big strug- times what family farmers are getting In many ways, this debate is about gle there and people are moving and who took all the risks to produce it. values. What kind of an economy do we nobody seems to care much. But they There is something fundamentally want? What do we cherish? What do we care about a few prairie dogs. wrong there. think is valuable about this country? As an aside, I lost the issue. They My point is this: We have struggled It is always interesting to me that if moved the picnic grounds. Then, about to write a farm policy that recognizes you are big enough, strong enough, a month later, after all this big con- the value and the worth of family powerful enough, have enough re- troversy, I read in the newspaper that farmers to this country. Some say: sources, and you come to this Con- a guy from Oklahoma had invented a Why are farmers different? Why don’t gress, I am telling you, people stand at truck—he created a truck with a hose you recognize the value and the worth attention and say, yes, sir; no, sir; on the truck that had a vacuum at- of the person on Main Street who runs what do you want, sir. I could give a tached to the hose, and he would stick the hardware store, or the barber shop, lot of examples of that. the hose in prairie dog holes and suck for that matter? Well, the family farm Tom Paxton wrote a song a long time them out of the holes. And it threw is the only enterprise in our country ago, many decades ago when the Con- them into the back of this truck, which that has the risks I have just de- gress gave Chrysler Motors a bailout. he had padded with mattresses so they scribed—planting a seed, borrowing all Mr. Paxton, a great folk artist, wrote, didn’t get hurt. the money they can to plant the seed, ‘‘I Am Changing My Name to Chrys- I said: That is an interesting ap- and hope beyond hope that all the ler.’’ It is interesting, even as we now proach—to suck the prairie dogs out of other circumstances that could com- are struggling to get through a motion the holes and then throw them into pletely wipe them out financially do to proceed on a postcloture, 30-hour

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12418 CONGRESSIONAL RECORD — SENATE December 5, 2001 discussion, just to get to the farm bill diately, and they stayed down and they day, and it is not even newsworthy. We to try to help those families out there, are down today. have family farmers with hopes and even as we do that, we have a package The current, underlying farm law dreams to produce America’s food and to try to stimulate the economy that does not work at all. It is a miserable to produce food for the world only to be comes over from the House of Rep- piece of public policy that should never told that which they produce has no resentatives that says: Do you know have been enacted but was, and we value. There is something dramatically how we do that? We give Ford a $1 bil- have had to make the best of it by the wrong with that. lion rebate check for the alternative end of each year passing some emer- I will finish by saying this: I regret minimum taxes they paid in the last 13 gency legislation to respond to the we are here today dealing with this years. We give IBM a $1.4 billion tax re- needs that were unmet in Freedom to bill. We should have been on this bill bate check for the last 13 years. Maybe Farm. long ago. I especially regret we had to Mr. Paxton should write a new song The Senate Agriculture Committee have a vote on a motion to proceed. We called ‘‘I Am Changing My Name to has passed legislation that does a pol- are having a debate on whether we are Ford.’’ icy U-turn, and that policy U-turn going to proceed to the agriculture bill. The point is this: The individual fam- says: Let us go back to at least some I have the deepest respect for Sen- ily farmers around this country don’t form of countercyclical help, getting ator LUGAR of Indiana. I listened to his have the kind of clout and power and help only when you need it. That speech. I could not disagree with him opportunity to access their Govern- makes good sense to me. That counter- more. He knows I have spoken many ment that some of the largest enter- cyclical help is the help that I hope times about the Nunn-Lugar program, prises in this country do. will give family farmers a message for which I will have admiration for- Family farms play an important role from the U.S. Congress that says: You ever for Senator LUGAR. What he has in our economy and in our culture. For matter; you count; we want you as part done in some areas is so wonderful and social and economic reasons, I believe of America’s future. so important to this world. But in agri- this country ought to want to foster Those Senators who come from farm culture policy, I could not disagree and nurture a network of family farm- country have had the same kind of with him more. ers across this country producing calls I have had and the same experi- It is important for us to have aggres- America’s food. ence as I have had. Some say: Those sive debate about this so that the coun- We can do it another way, and in are anecdotes that are emotional but try gets the best of what all of us have some areas we do. In California, they do not mean very much. They mean ev- to offer. I am hopeful at the end of the have areas where one company milks erything. day that we will get past this 3,500 cows every day three times a day. Arlo Schmidt was doing an auction postcloture debate, get on the bill, God bless them, in my judgment. They sale in North Dakota. He was auc- offer amendments, and get this bill have every right to do that. tioning a farm that had gone broke. A done. I suggest we have a price support little boy came up to Arlo at the end of Today is Wednesday. We ought to fin- under the milk produced from about the auction sale. He was about 8 or 9 ish this bill this week. We ought to 100 cows and say: If you want to milk years old, Arlo told me. The little boy have a final passage vote on Friday, go 120 or 3,020 cows, God bless you, but was angry. He had tears in his eyes. He to conference next week, finish the that is at your risk, not ours. We will grabbed Arlo Schmidt around the leg, conference report, and put it on Presi- provide a price support of the milk on looked up at him and said accusingly: dent Bush’s desk for signature at the the first 100 cows you milk. That is You sold my dad’s tractor. end of next week. That is what we what we ought to do with respect to Arlo patted him on the shoulder to ought to do. I commit myself to doing providing a safety net for family farm- comfort him some, and the kid would that. I hope others will as well. ers. have none of it. He said: I wanted to Today, let us make that commitment Let me speak for a moment about the drive that tractor when I got big. to America’s families who are des- farm bill that was written in the Sen- The point is, that little boy felt that perately trying to make a living and ate Agriculture Committee. Certainly he, too, wanted a chance to farm, but hold on to that dream of making the it is not perfect. It is not exactly the his family lost their dream, and the re- family farm work. bill I would write. I would prefer more sult was an auction sale. Those auction In this hungry world, especially at targeting in the bill to be more helpful sales all around the country, those this time when we talk about security, to family-size farms. poster sales of those broken farms re- food security, and contributing to the This bill is sure a whole lot better flect a failure of farm policy. world’s food supply by our country’s than the underlying farm law. I was This is a hungry world. It is an enor- economic all-stars, the family farmers, here when we debated Freedom to mously hungry world, and we produce it is something that merits the atten- Farm, which I thought was a catas- food in such great abundance. The eco- tion and merits the writing of a good trophe and I voted against it, and I am nomic all-stars of food production are farm bill by the Congress, and it merits pleased I did. I want to see somebody family farmers. There is something us doing that now, this week, and next stand up in this Chamber and say how fundamentally wrong when we cannot week, and finishing that product so we well Freedom to Farm has worked. It make the connections between what we can have the President sign it before almost bankrupted a lot of family produce in great abundance and what the end of this year. farmers except for the fact every single the world needs. Mr. President, I yield the floor and year we had to pass emergency legisla- As I speak today, there are tens of suggest the absence of a quorum. tion to fill the gaps between Freedom thousands of children who will die from The PRESIDING OFFICER. The to Farm which was such a miserable hunger and hunger-related causes clerk will call the roll. Swiss cheese piece of legislation that every hour, and nobody thinks much The senior assistant bill clerk pro- really did not help family farmers at about that. I had a friend who was a ceeded to call the roll. all. singer many years ago who died in 1981. Mr. THOMAS. Mr. President, I ask When the Freedom to Farm bill was His name was Harry Chapin. He was a unanimous consent that the order for passed, we had high grain prices, and wonderful singer. He devoted one-half the quorum call be rescinded. we had people around here thinking of the proceeds of his concerts every The PRESIDING OFFICER. Without that it was going to last forever; we are year to fight world hunger. objection, it is so ordered. always going to have high grain prices, Harry Chapin used to say if every day Mr. THOMAS. Mr. President, are we so we will just give these farmers de- 45,000 children die of hunger and hun- on the farm bill? clining payments over 7 years, not with ger-related causes, it is not even in the The PRESIDING OFFICER. We are respect to what the current market newspaper; there is not even a news on the motion to proceed to the farm prices are; we will just pay them, and story about it. But if in New Jersey, bill. things will be great. 45,000 people died in one day, it would Mr. THOMAS. Mr. President, I want It was an absurd proposition. The be headlines. The winds of hunger blow to talk about the farm bill for a mo- fact is, prices collapsed almost imme- every minute, every hour, and every ment. I have been listening to my

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12419 friend from North Dakota talk in gen- various complicated titles, and they with it as we are, and there will be eral terms of where we ought to be and are complicated. We were asked to deal amendments we can take a look at. what we want to do for the world, but with titles such as conservation, for ex- Quite frankly, we may be dealing with we have not talked about how we get ample, in a markup in the morning Defense appropriations before this is there. when we did not even get the language completed. We may be dealing with There ought to be some target, in- until some of the staff got it at mid- economic stimulus. In any event, we stead of talking about having food. night the night before. I do not think ought to be taking a look at where we That is great. The fact is, we are talk- that is a very responsible way to deal want to be over time. We ought to pro- ing about a policy. Look at this bill. It with a bill that is as important as this mote the idea of family farms instead was brought up to the Chamber this Agriculture bill. It is my opinion the of the big corporate farms, of course, so morning. There is a lot of detail in this committee moved much too quickly. that families can afford to stay on legislation. What we need to be talking We did not have an opportunity to find those farms and be effective. We need about and have been talking about but out what was in the particular title, to find additional markets. have not completed is a vision of where whether it be marketing titles, com- We produce more than we are going we want to go, what do we want agri- petition titles, conservation titles, or to consume. So in order to be an effec- culture and our food system to be in 10 commodity titles. tive industry, we have to find markets or 15 years. Did we have a chance to talk a little and move there. I think we have to be My colleagues talk about the politics bit about the projected ideas and the very careful, as we are in this trade of it, of course, and that is great. They proposals with people at home in the business, that the things we do will fit can talk about distributing funds to ev- business? No, we did not. We did not into trade, the so-called green box, the eryone, and that is great. All of us even receive the language until mid- WTO, or the amber box. If we find we want some safety net in agriculture, night the night before the markup. do not have these payments that fit and we will work to do that, but we So I think we need to take a little into the WTO rules, then we have some have to go beyond that and take a look time and look at all the aspects. Agri- difficulties in being able to do that. at how we get there and what is the culture is a complicated industry ev- I happen to think one of the most im- best way to do that. erywhere. In every State, it is a little portant issues we ought to look at is Quite frankly, I have been involved different. I am from Wyoming. Our conservation. In my part of the world— in agriculture. My friend was talking largest activity, of course, is livestock, and I think it may be even more impor- about coming from a town of 300. I mostly cattle, some sheep, but we also tant other places—people would like to come from Wapiti, WY. That is not have crops. Interestingly enough, our see open space remain. One of the best even a town; it is a post office. largest cash crop in Wyoming is sugar ways to do that is to have successful I know a little about agriculture. beets. So each of us is different. As we agriculture, of course. We need to do That has been my life as well, a dif- went through this in the committee, that. ferent kind of agriculture to be sure, people were talking about cranberries, There are a great many things we and that is one of the issues. There are about cherries, about apples. That is must do and I think we can do. I think all kinds of agriculture with which we okay, but it takes a little time to put there is more emphasis on conserva- have to deal. The Bush administration together a responsible kind of policy to tion, whether it is grasslands or wheth- took a look at it and they had a state- deal with those issues. er it is timber or whether it is crop ment I thought was good. They believe During the time the committee was lands itself. These are the kinds of farm policy should ensure compat- working on the bill, we never did get things we need to think about. We need ibility between domestic and trade ob- overall scoring. We never did get a real to have a thoughtful bill which we have jectives. look at what it was going to cost. In- time to discuss and not jam through Have we talked about that? No, we deed, after the committee was directly because of the political expediency of have not. Support open markets. Did forced to deal with it before it was getting it done before this year is over. we talk about markets? No, we did not. brought to the Senate, changes had to I do not think that is the best reason Provide market-oriented farm safety be made which we did not even have to come up with something that has net? I think all of us want to do that, anything to do with. That is not the not had the kind of consideration and not create undue uncertainty. These system I believe ought to be used in thought we look forward to having. are the principles we ought to have as this place, especially when we are talk- Mr. President, how much time do I we move forward. ing about something as complicated have? I am a member of the Agriculture and far-reaching that impacts as many The PRESIDING OFFICER. Under Committee. I am a new member of the people as does a policy for farming. cloture, each Senator may speak up to Agriculture Committee this year, as a As we went through the bill, the 1 hour. matter of fact. The idea of finishing on chairman would talk about a reconcili- Mr. THOMPSON. Very well. I am not Friday bothers me a little bit because ation process, that after we have waded going to take up the 1 hour. I yield to this bill was jammed through the com- through the first part of it we could my friend from Indiana. mittee in time that most of us did not come back and do it. We did not even Mr. LUGAR. May I respond to the even have a chance to take a look at get a chance to look at the reconcili- distinguish Senator? In the event the what was being proposed. It was ation until it is now being considered. Senator does not use his hour, if he brought up when we, quite frankly, So I have to say that as interested as I were to yield the balance of that time ought to have been dealing with our am—and as I said, my own background to me, that would be helpful in the ex- economic stimulus package. is in agriculture. I have always been in- pedition of the debate. But the Senator We ought to be dealing with doing volved with agriculture, so I am very should be prepared to utilize his full the appropriations and those matters much interested in it, not only because hour. that really have impact. The farm bill of whom I represent in Wyoming but Mr. THOMPSON. No, I am not going does not expire until next August. I am because I am personally very inter- to utilize the full hour. one who thinks, yes, we ought to go for ested in a successful agriculture that The PRESIDING OFFICER. The Sen- it after we get back in January so has some opportunity to be market-ori- ator from Wyoming has yielded time to farmers will have some idea, before ented so we are producing those com- the Senator from Indiana. planting time, as to what they look modities that the market requests, so Mr. LUGAR. Mr. President, the forward to in the future. But the idea that we can build new markets over- forum we are attempting to adopt is that we take something like this that seas, which we have to do in order to one in which a Senator yields time to hardly anyone in this whole place has have a program of that kind. So it is a me as manager of the bill as sort of a looked at and pass it in 2 days is crimi- complicated matter, and we really need time bank. I will explain for all Mem- nal, and I hope that does not happen. to move on with that. bers I am allotted only 1 hour under I objected as we went through this As I have said repeatedly, I asked for the rule. I can accumulate as much as bill a time or two simply because we a little more time in the committee, 2 more hours by such allocation from have not had an opportunity to look at but we did not get it so we will deal Senators, which I seek to do simply to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12420 CONGRESSIONAL RECORD — SENATE December 5, 2001 expedite the debate during those times jority are willing to finally give up a think it has not been seen here since when there are no other Senators program that has served them well for the peanut program was instituted. present to speak. more than 60 years. Yes, it is going to Those who are the consumers of pea- In that event, will the Senator yield cost some money to compensate quota nuts and those who are the growers of whatever time he has remaining when holders for their losses, but it would be peanuts have found common ground to he completes his speech? unthinkable for the Government not to work on a piece of legislation that will Mr. THOMPSON. I yield the remain- compensate farm families for their transition us into a whole new era in der of my time to the Senator from In- property. There has to be a bridge be- peanut production. diana. tween the old system and the new sys- I commend the Senator for his great Mr. LUGAR. I thank the Senator. tem, and this bill gives us one. It leadership from a great peanut-pro- The PRESIDING OFFICER. The Sen- makes that necessary transition and it ducing State, to help shepherd his ator from Georgia. does it in a fair way. growers into a much more market-ori- Mr. MILLER. Mr. President, I rise in At a time when we are searching for ented approach to growing peanuts. I support of the committee-passed farm the best ways to stimulate our econ- commend the Senator for his great ef- bill and to express my hope that we can omy, this farm bill is the greatest fort. complete action on it quickly. stimulus we can provide to rural Amer- Mr. MILLER. I thank the Senator for First, let me commend Chairman ica. It will give that economy an in- his remarks. He is one who has studied HARKIN and the majority leader for stant boost. this program closely in the past. their fine work in meeting the needs of If we do not act, I can tell you what The PRESIDING OFFICER (Mr. NEL- the Senators from different regions of the scenario will be in Georgia and in SON of Nebraska). The Senator from this great and diverse country. We all other parts of this country. If we do Virginia. have unique needs. It is not easy to ad- not pass a farm bill now, local banks Mr. ALLEN. Mr. President, I rise dress all of them and to bring them to- will make a fraction of their tradi- today to offer my concerns over the ac- gether. I thank the chairman, again, tional farm loans. Farmers without fi- tion of the Senate in proceeding to the for his efforts to do so. nancing will either get out of farming Farm Bill, notwithstanding the nice di- I think we have come up with a good or declare bankruptcy. Who will suffer alog between the Senator from Penn- farm bill, worthy of passage. This legis- then? I will tell you who. Those farm- sylvania and my good friend from a fel- lation provides a critical income safety ers, those families in fragile rural low peanut-growing State, the Senator net for American farmers. It includes areas where the economy is driven by from Georgia, Mr. MILLER. an unprecedented $20 billion increase in the feedstore and the family restaurant I understand the desire to make im- conservation spending. It substantially and the local car dealership. provements in the existing farm bill. increases allocations for nutrition, for With many textile plants and other There should be improvements made. rural development, and forestry pro- industries leaving the rural South, From what I can tell, the House-passed grams. This bill meets the needs of our these farmers have fewer and fewer bill and the Senate-Agriculture-Com- rural communities while remaining places to turn. In rural Georgia, the mittee-reported bill have several very within the budget authority. challenge today is just to stay afloat. worthy provisions. I am also pleased that the chairman It is becoming tougher by the day. Our No one can argue against the need for has included an energy title in the leg- Nation’s great prosperity over the past a strong farm bill. Indeed, it is a high islation that provides incentives for al- decade, unfortunately, has not always priority, and I certainly will not dis- ternative fuel technologies. The energy filtered down to these rural areas. We agree with that. In my home State, the debate over the past few days only so- have failed to bring many of these com- Commonwealth of Virginia, agriculture lidifies the need for further advance- munities along economically, and it accounts for a significant part of our ments in alternative fuels. shows. diverse economy. Agriculture creates Let me take a moment to focus on a We have spent a lot of time looking approximately 388,000 jobs in Virginia, major reform that is in this bill, a out for Wall Street, and well we should. which is about 10 percent of the total major reform of the peanut program. In Now it is time we look out for Main jobs statewide. a place such as Washington, where talk Street. We need to help places such as Virginia agriculture contributes of eliminating a program is as rare as Moultrie, GA, and Driver, AR, and about $19.5 billion to Virginia’s gross spotting a whooping crane, we are now Seagraves, TX. Our Nation is focused State product, or 11.2 percent of the ready to eliminate the Depression-era on the September 11 attacks, and right- total GSP. peanut quota program from our Na- ly so. But let us not forget that agri- Farms cover 8.8 million acres, or 34 tion’s $4 billion peanut industry. That culture has been mired in a 5-year dis- percent of Virginia’s total land area. is worth repeating. Some may think aster, devastated by bad weather and There are 49,000 farms in Virginia. they heard me incorrectly. bad prices. Almost every year in this Most farms in Virginia are smaller There is a provision in this bill to body we have had to provide supple- farms, but there are 49,000 of them. eliminate the old peanut quota system. mental appropriations. We need this Again, a strong farm bill is very impor- For decades this system served the new farm bill to stop the cycle. tant to Virginia. South well. For decades it provided The time is now for a new farm bill. I do applaud the work of the com- economic security to some of our coun- We must act before adjourning for the mittee in drafting this bill. However, I try’s poorest areas and it guaranteed year. We cannot go home for Christmas have several concerns and I cannot the domestic market a safe, high-qual- with generous, bountiful gifts for cer- agree with moving forward on this bill ity source of peanuts. tain segments of our economy but only right now. Let me elaborate on these But all of that changed when NAFTA ashes and switches for our farmers. several concerns. and GATT were passed. These agree- Mr. SANTORUM. Will the Senator Number one, this is not the right ments effectively ended the peanut yield for 1 minute? time to deal with this bill. The current program as we know it. Trade protec- Mr. MILLER. Yes. farm bill, with whatever flaws it may tions for peanuts were ratcheted down. Mr. SANTORUM. I just want to say have and whatever improvements need Imports gradually increased and farm- to the Senator from Georgia, I con- to be made to that bill, does not expire ers’ quotas were reduced. In the 1996 gratulate you and commend you. For until the end of fiscal year 2002, which farm bill, Congress had decided to re- many years we have had battles in the is September 30 of next year. We are al- quire farmers to cover peanut program peanut program between those who are ready several months into the fiscal losses, making it a no-net-cost to the peanut consumers in large consump- year 2002. It is simply unfair to our Government. That sounded good politi- tion States and those who are pro- hard-working men and women to make cally, but it failed to make peanuts ducers, but you have stepped in and any changes to this legislation that more competitive on the world market provided great leadership for your may harm their income in the middle and it certainly did not quell imports. growers through this transition proc- of the current year. They just finished Peanut producers have faced up to ess. I am very privileged and pleased to the fall harvest and are now involved this competitive reality. The vast ma- join you in a truly unique situation. I in planning, buying, and leasing for the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12421 next planting. It would be like lining efforts This issue should be on our great deal for our economy, and clearly up to kick a field goal and having the plate right now for action rather than it matters to farmers. When diesel goalpost moved after you kick the ball. the farm bill. prices or gas prices are skyrocketing, After you kick it, nobody is allowed to Economic stimulus: We realize our they are put in quite a bind. move the goalpost back. That simply economy has a great deal of consterna- An energy bill, which has consisted would not be fair. It is a terrible way tion. Consumer confidence is low. Busi- been advocated by Senator MURKOWSKI to make changes, whether it is in the nesses are not investing. Jobs are being of Alaska, is something we have been peanut program in particular in Vir- lost. An economic stimulus package, trying to deal with for this entire year. ginia or any other sort of program something that will help spur con- It is an important issue that has been when farmers are making these deci- sumer spending and business invest- dealt with in the House and deserves sions. ment and thereby the creation of more the Senates attention. The second problem I have with this jobs rather than the loss of jobs—that We are at war in Afghanistan. We measure being brought up now is that should be a priority. That is a clear also have a war on the homefront as Americans have much more pressing and pressing need for the people of well. We have become the target of do- problems to deal with rather than America right now, not a law that ex- mestic terrorism that is accurately de- changing a law that doesn’t expire for pires in October of next year. scribed as war. We need to make sure another 10 or 11 months. We are at war. Getting hard-working Americans that in our homeland we have the right Financing this war is important, and back to work is a priority. Our econ- safety and security—not just abroad making sure that the men and women omy has lost thousands and thousands but here at home as well. in uniform have adequate compensa- of jobs and these job losses are not The farm bill, in my view, is not a tion is important. It is important that unique to the airline or tourism indus- piece of legislation that should be try, or even to New York or Virginia. they have the armaments and the most rushed into. I believe Senator CONRAD technologically advanced equipment They are felt in every corner of the accurately portrayed why we may be for protecting our interests at home country and in every industry. As the pushing this legislation forward. He ex- and abroad. We need to be worrying Senator from Georgia mentioned, we plained that issue very well. He said: about that and dealing with the crisis have lost a lot of textile jobs in the ‘‘The money is in the budget now. If we of terrorism. That must be dealt with South. In Southside, VA, 2,300 jobs do not use the money, it will very like- now. were just lost at VF Imagewear in the ly not be available next year.’’ While The Defense appropriations bill: We Henry County area—in the heart of what the Senate Budget Committee need to be dealing with proper funding Virginia. says may be true, it is not a good rea- The President’s back-to-work pack- for our Defense Department. son to rush through floor consideration Overall appropriations: The Senate age is a way to help those folks who on a piece of legislation as important and the House have not completed are out of work—hopefully tempo- as this one. The farm bill is an impor- work on all the fiscal year 2002 appro- rarily—with their health care as well tant matter. It merits time, consider- priations bills, yet we are considering a as with their unemployment benefits. ation, and full debate on the floor. bill and a law that has not expired and We need to help these people through With all of the other priorities that the will not expire until the end of fiscal tough times and most importantly, Senate really must consider prior to year 2002. strengthen the economy to enable recess, it doesn’t make sense to hold Sometimes I may have a hard time them to get back to work. That is a them up for the farm bill. getting used to the logic of the Federal part of the stimulus package that I Government—trying to change a bill wish we were arguing, debating, and I am not a member of the Agriculture that has 10 months of validity to it acting upon at this moment. But we Committee and was therefore not able while not even taking care of bills that are fiddling with this bill that doesn’t to offer amendments in the committee. should have been financing our mili- expire until next year. I look forward to the opportunity to tary or schools since the first of Octo- Nominees: The President ought to work with committee members and po- ber. These are supposed to be 5-year have his team in place. I know the Sen- tentially offer amendments on the farm bills. There is a logic to making ator from Georgia at one time was an floor. this a four-year bill. There is a predict- executive. They need their own team in I also understand that the committee ability that allows farmers to plan place to respond and to effectuate their markup was not very open to amend- ahead and make investments so that philosophy, to act upon the principles, ments. While I am sure there was a sig- they will grow the best crop possible to promises and policies that they enun- nificant amount of wonderful work provide for their families. That bill ciated to the American people. Yet the done by the chairman on the bill, I doesn’t expire until late next year, and President has not gotten the deserved know there are significant differences here we are arguing that issue. attention to have his nominees for key even within the Agriculture Com- Meanwhile, we are in a war, and we administration positions—whether it is mittee. These differences are obvious are not dealing with the Defense Ap- in the State Department, judicial even to someone who is not on the propriations bill or the Labor-HHS Ap- arena, or in other areas. committee. Especially when you look propriations Bill. As far as I am con- I think the Government needs to at the number of competing bills intro- cerned, these appropriations bills are have capable people to do the work of duced by committee members them- some of the primary functions we serve the Government. Senator BOND spoke selves. First there is the Harkin bill as Members of Congress. The one thing on this matter earlier and I agree with which was passed by the committee. we have to do each and every year is his remarks. There is a Lugar substitute, and the fund the government. We haven’t com- Energy legislation: I very much agree Cochran-Roberts substitute is a third pleted that task yet. Those bills should on the need to pass comprehensive en- measure. There is a fourth measure have been completed before October of ergy legislation that deals with both being considered, the House-passed bill, this year. Here we are fiddling around supply and demand issues. That is a and the fifth is the Lincoln-Hutchinson and debating a very important measure positive aspect of this farm bill that bill. with important implications, but again the Senator from Georgia, Mr. MILLER, I heard from people all across Vir- not taking care of the things that are brought up. Fuel cells and new tech- ginia about many of the positive most timely. nologies are very important. We can’t changes that several of these bills We have emergency appropriations, keep doing things the same old way. would make. However, I also heard and $20 billion in appropriations still We need to have a diversity of fuels and from Virginia peanut farmers who have has to be finalized by Congress con- not be so dependent on foreign oil. I a different view than peanut farmers cerning response to the September 11 would like to see us become more en- maybe in Oklahoma, or New Mexico, or terrorist attacks. Congress has yet to ergy independent in this country so Texas, or even the Empire State of the spend the $20 billion appropriated por- that we are not jerked around by mon- South, Georgia. That is my third con- tion of the war on terrorism for emer- archs or others in the Middle East for cern. The peanut farmers in Virginia gency security, response, and recovery our reliance on oil, which matters a may very well go out of business with

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12422 CONGRESSIONAL RECORD — SENATE December 5, 2001 this measure as written. This new peanut. While it is larger, it does get a leagues for their attention. And I hope nut program will hurt the income of lower yield per acre than you would to be able to work with all of you in hard-working Virginia peanut farmers. with the smaller peanuts, and they also the months ahead to come up with a In 1996, when the Federal Govern- have a higher cost per acre. Our peanut peanut program that is good for the ment last debated the farm bill, the farmers in Virginia risk having their taxpayers, and also one that allows target price was lowered from $670 per revenue cut to a point where they will Americans to enjoy the benefits of ton down to the current level of $610 lose money on each pound that is pro- good, wholesome, nutritious peanuts as per ton. This $610-per-ton level is not duced. Again, it is a different peanut well, and takes into account fair prac- due to expire until the end of fiscal than is grown in other regions of the tices as far as legislating up here. And year 2002—September 30, 2002. country. And while that raises our we should not change laws before they These peanut-growing farmers in Vir- costs, it unfortunately does not often expire, especially when so many people ginia have sense and practicality. They equally raise the price that the farmer have relied on those laws. I especially have already entered into agreements receives. So a tough situation now hope that Virginia peanuts will always for land. They have entered into agree- would just become disastrous if this be around for all of us to enjoy. ments for equipment leases as well as measure became law in the middle of With that, under the provisions of renting quota for the upcoming grow- this year, or, for that matter, even rule XXII, I yield my remaining time ing season. They will be planting in after 2002. to the ranking member of the com- Virginia only about 5 to 6 months from The situation here is one where our mittee, Senator LUGAR. now. That is simply the planting, and economy would be affected. The farm- The PRESIDING OFFICER. The Sen- these farmers are certainly in the ers, in particular, who have purchased ator has that right. midst of preparation prior to planting equipment, who have made leases on The Senator from Colorado. right now. equipment, on implements, on fer- Mr. ALLARD. Who controls the This farm bill will change their rev- tilizer—I know the Presiding Officer time? enue stream after they have already understands because in his State they The PRESIDING OFFICER. Under entered into contracts based upon the have a lot of good rural communities— cloture, there is no control of time. provisions in the current farm bill. if there is a good crop that brings in a Each Senator has a maximum of 1 People in the real world think that law good yield, sure, that helps the farmer, hour. doesn’t expire until September 30 of the implement dealer, those who sell Mr. ALLARD. One hour. 2002. They think that law is going to be feed or seed or fertilizer, but it also has The PRESIDING OFFICER. One there. They make decisions based on an impact on the entire community hour. that law. Here we are debating chang- with the money that comes into the Mr. ALLARD. Mr. President, I thank ing the rules on them. businesses there, such as grocery stores you for recognizing me and giving me The bottom line is that it is simply and restaurants. It has a big impact on an opportunity to rise today to talk not fair. It is not fair to our hard-work- that economy through both direct and about the farm bill which the Senate is ing farmers who have to be dealing indirect means. debating. I would also like to thank with a moving target. Having met this summer with a great and commend the Ranking Member of I have been working on these issues deal of peanut growers in southeastern the Agriculture Committee Senator with members of the committee and Virginia, it reminded me of when I saw LUGAR for his leadership during this other concerned Senators and look for- the tobacco farmers just a few years debate. As a member of the Senate Ag- ward to the opportunity to make some ago, where they were trying to get the riculture Committee, I participated in changes that will benefit the hard- best yield per acre they could get and the drafting of the bill which we are working family of peanut growers in they were under attack by officious now about to consider. Also, when I Virginia and, indeed, every farmer, re- nannies from Washington, who are was in the House of Representatives, gardless of crop throughout our coun- looking to reform somebody else’s some 5 years back, with the passage of try. habit, and here are these communities the freedom to farm bill, I was on the Virginia’s peanut farms cannot with- wondering how they are going to sur- Agriculture Committee on the House stand another 10-percent reduction in vive. They are simply hard-working side. the price of peanuts as we saw back in law abiding men and women trying to I think this is a great opportunity for 1996. This current farm bill, as pro- provide for their families. And these us to do some good things to help agri- posed, will do just that and then some. proposed changes don’t only affect culture in this country. However, it is Virginia has about 76,000 acres of pea- them—it affects their whole commu- an opportunity to do the wrong thing. nuts and 4,000 peanut growing farmers. nity. It is not a matter of humor nor to I do think we have to be careful about The crop brought in $60 million to the be taken lightly. Their livelihoods are moving forward too quickly on some of State’s economy last year. While these at stake. this legislation without giving our numbers may not look large to some So I say, number one, this is not the farmers and our ranchers and the agri- Senators who have large corporate right time to change the law before it cultural interests in our various States farms in their States, these peanut expires. Let the law expire before you an opportunity to study what is in the farms are the basis of many local rural change these laws affecting these pea- bill to give us a full assessment of how communities, particularly in south- nut farmers. Number two, we have it is going to impact businesses in their eastern Virginia. And there are dif- much more pressing issues on which to various States. ferent types of peanuts. I am not going be focusing our current attention and In the State of Colorado, agriculture to name every one, but in Virginia we our brainpower, whether it is sup- is very important. We have always grow the jumbo—the nice, big peanuts. porting our war effort, addressing our worked on trying to have a broad, di- You may see the brands Whitley’s or economy, getting people back to work versified economy. So we have other the Virginia Diner peanuts, the Han- or gaining energy independence. And industries and other sources that cock peanuts, the blanched peanuts. number three, I think this would have broaden out our economic base in the Those are Virginia-style or sometimes a terrible impact on Virginia’s peanut State. called Virginia-Carolina style pea- farmers and their communities. For example, in Weld County, this is nuts—the jumbos, the big peanuts, not I find it completely wrong for the a county frequently recognized as one the small, little redskin peanuts or the Federal Government to change, at this of the largest agricultural producing Spanish peanuts, goobers, or runters. time, a law that many good, decent, counties in the country, usually rated Those are all fine peanuts as well. You hard-working, law-abiding citizens in the top 5, based on gross agricul- just have to eat two of them for every have relied on. To do that would put a tural dollars that are brought in. one of a Virginia peanut. They are lot of people out of business. And any I have another county in north- probably just as great for peanut but- new law should take effect after the eastern Colorado that produces a lot of ter and candies. end of the current farm bill. corn. It is one of the largest corn-pro- Most of the States are different. Vir- So with that, Mr. President, I thank ducing counties in the country. Again, ginia grows this different type of pea- you for your attention. I thank my col- this varies a little bit depending on

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12423 weather and how yields come out year Agriculture Committee—and I suspect enues coming in, you can set that aside to year. So certainly agriculture is im- it would have an impact on Members for future years. portant to the State of Colorado. here on the floor—to evaluate what Then when you get into years when As a member of the State senate—I their positions are, as far as a major you don’t have as much return on your also served on the agriculture com- piece of legislation such as the agri- crops, then you can carry those profits mittee in that body—we continually culture bill, without full access to forward and distribute them out over worked to have a broad base. their office resources and files. the years. That has profound impact on In the State of Colorado, not only do So as we move forward in an expedi- farm operations today and is some- we have some counties that contribute tious manner, we put certain Members thing that should be implemented. considerably to agriculture in the of this body at a disadvantage. We have I indicate my strong support for an country, but they also add a lot of op- to be sensitive to their needs and their upcoming amendment to be offered by portunity for other businesses in the desire to do the best job and represent Senators ROBERTS and COCHRAN. When State of Colorado to develop added their constituents. putting a farm bill together, my philos- value to those agricultural products. In my office, we have been hosting ophy is to let farmers do what they do We all want to do the right thing and several staffers of Senator CRAIG THOM- best, and get the Government out of help the agricultural economy. But ev- AS. I am sure it has been difficult to the farm. Unfortunately, the farm bill eryone needs to have the opportunity continue to operate throughout this that came out of committee and which to review the legislation to understand process. It is an unfortunate situation, is now being considered does not do how it effects them. This is not the bill and I am sure it has not helped the that. It moves us back towards more that was reported out of committee, drafting of sound legislation. Government intervention and less to- however, nor the one which was intro- As for the process with which the wards free markets and free enterprise. duced on November 27. So it has been a farm bill moved through the Senate Senators ROBERTS and COCHRAN are little difficult to determine what is ex- Agriculture Committee, we were not to be commended for developing a actly contained in this particular bill. receiving legislative language until sound alternative to that which came Farmers in Colorado, as best I can fig- about 1 to 2 a.m. in the morning on the through the committee. This is a solid ure out, would probably do best under same day of the bill markup. It was proposal they are going to introduce. It the Cochran-Roberts proposal. But, hardly sufficient time to fully analyze needs serious consideration by the Sen- again, we need more time, more oppor- and assess its impacts. ate. tunity to talk with farmers in the Generally speaking, most of the ti- An important component of the farm State of Colorado. tles were agreed to on a bipartisan bill is the research title. As a veteri- We certainly have different types of basis. As the Chair knows, so many of narian, this is an area in which I be- operations. Some of them that we have these issues break out on a commodity lieve strongly. If we are going to con- in Colorado are strictly ranching oper- basis and not on a partisan basis. tinue to have an abundant and safe ations. We have a lot of wheat oper- During the committee markup, I did food supply, we need to continue to ations, irrigated agriculture—vegeta- support an alternative commodity title fund our Nation’s research priorities. I bles. We need time in our office to offered by my colleagues, Senators was able to include two provisions begin to assess how these various agri- ROBERTS and COCHRAN. The funda- which I believe are extremely impor- cultural operations are going to be im- mental component was the establish- tant. pacted by a bill as complicated as the ment of farm savings accounts. farm bill that we are about to consider Rather than continue to rely on Fed- The first allows for research on infec- on the floor of the Senate. eral subsidies during bad times for tious animal disease research and ex- This has been an interesting process farmers, many in Congress believe tension to allow grants for developing to go through this past couple of farmers and ranchers should have the programs for prevention and control months as we have attempted to draft opportunity to set up accounts to set methodologies for animal infectious a bill. I have been somewhat skeptical, aside income during the years in which diseases that impact trade, including as we drew to a conclusion to get a bill their income is high so that they could vesicular stomatitis, bovine tuber- here to the floor. The current farm bill, then withdraw funds in years when culosis, transmissible spongiform the Freedom to Farm bill, does not ex- their incomes are low. Unfortunately, encephalopathy, brucellosis and E. coli pire until September 2002. Again, I do this alternative was defeated in com- 0157:H7 infection, which is the patho- not fully understand why it is so im- mittee. genic form of E. coli infections. portant we push forward so quickly be- I see this provision becoming more It also set aside laboratory tests for cause I think input from our agricul- important as we see the price of imple- quicker detection of infected animals tural interests in our respective States ments used in farming, for example, and the presence of diseases among is very important. If this goes through get more expensive. If you have a large herds, and prevention strategies, in- too quickly, they will be divorced of farm operation, it is not unusual to see cluding vaccination programs. that opportunity to have their input to somebody spend $100,000 for a tractor. I This is becoming a smaller world. their Representatives so they can have remember when I was a young lad Not only do we need to be concerned an impact on the agricultural legisla- working in the hay field, we had a about diseases that are naturally oc- tion. large tractor. We spent $4,000 or $5,000 curring, but we need to be aware and I was a member of the House Agri- on it. When you have high costs on cognizant of the potential impact of culture Committee and supported the your implements, that means you have diseases that don’t occur. For example, provisions contained within Freedom to accumulate savings over the years we saw the profound impact of hoof and to Farm. I did not think it was nec- in order to be able to afford that trac- mouth disease in countries such as essary to rewrite the bill a year earlier. tor. England and the devastating impact on But here we are, ready to rewrite the If you have a year when you have a the livestock industry in that country. farm bill. good return on your commodity prices We need to make sure that we have the It is complicated. As I stated, I have and the farm does well, you may end up research in place in this country where some problems and concerns about the with a considerable amount of income. we can develop modern technologies legislation and how this bill moved for- But you find yourself as a farmer get- and that will help protect the livestock ward. This has been a trying time for ting kicked into higher income tax industry. the Senate, for example, with the an- brackets. So instead of being able to The second provision I had put in the thrax problems we have had in the set that aside for investments that will bill establishes research and extension Hart Building which has impacted help you be a better farmer and grants for beef cattle genetics evalua- some 50 of our colleagues. It has been produce better in future years, you find tion research. It provides that the difficult for them to get in touch with you have to hand the dollars over to USDA shall give priority to proposals their records that are embargoed with- the Federal Government. So the idea of to establish and coordinate priorities in the building. It has made it difficult the farm savings accounts is, during for genetic evaluation of domestic beef for colleagues who have been on the those years when you have a lot of rev- cattle.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12424 CONGRESSIONAL RECORD — SENATE December 5, 2001 It consolidates research efforts to re- portant to the Senator who is presiding pared to $49 billion a year ago, an in- duce duplication of effort and maxi- over the Senate at this particular time. crease of $4.5 billion. They could grow mize the return to the beef industry I think we all have a common interest. to as much as $54.5 billion in 2002, ac- and also to streamline the process be- We want to see our farmers and ranch- cording to USDA’s best projections. tween the development and adoption of ers be able to stay in business, and we These levels are still below the record new genetic evaluation methodologies want them to be able to compete in a levels of 1996, often cited primarily in by the industry; and then to identify world market. We need to work to ex- response to continuing problems in new traits and technologies for inclu- pand not only our international mar- Asia, and production increases by com- sion in genetic programs in order to re- kets, but also our domestic markets. peting exporters—many of them in duce the cost of beef production to pro- Sometimes that requires thinking be- Latin America. vide consumers with a high nutritional yond the box. It is a challenge for those Nevertheless, the sales appear to be value, healthy and affordable protein of us who are looking at establishing increasing significantly. Year over source. the proper public policy that would year, forecasts of grain, poultry, and Research, in my view, is funda- allow our agricultural sector to con- horticultural exports in 2002 will ex- mental. It is extremely important that tinue to grow and prosper. ceed 2001, largely due to increased vol- we have the research base there to con- This is an important piece of legisla- ume. Exports to major U.S. markets in tinue to improve production in order to tion. I hope we don’t rush it through to Asia and the Western Hemisphere are deal with infectious diseases that af- the point where we haven’t given the projected above 2001, even in spite of fect plants and animals and to help as- various agricultural interests an oppor- slowing economic growth or, in some sure a high quality food supply. tunity to have their input as to what cases, recession in those areas. I do think the people of this country the final outcome of this bill will be. Overall farm income has this projec- have a great deal. They have the best I hope that we allow enough time for tion: The intermediate term economic quality food at the most reasonable them to participate in the process. It is outlook for agriculture is uncertain, as price of any place in the world. That is important that we do the right thing. always. It is clear that many under- something to be proud of. We need to We can do that if we allow plenty of op- lying farm economic conditions are do everything we possibly can to make portunity for everybody to participate. stronger this year than last. Farm cash sure that we maintain our position in Mr. President, I yield the remaining receipts could be near high record lev- the world. time to the ranking member of the els for 2001, and, indeed, earlier this A couple other provisions are in the committee and look forward to work- morning I discussed this subject. We bill. There are some attempts within ing with him on this legislation. found figures from USDA that showed the bill to deal with alternative fuels. The PRESIDING OFFICER. The Sen- roughly $60 billion of net cash income. It is something I have worked on. I es- ator from Indiana is recognized. This would be, in fact, a new all-time tablished the renewable energy caucus. Mr. LUGAR. Mr. President, I thank record for any year, including 1996. I believe that renewable fuels is cer- the distinguished Senator from Colo- Farm cash receipts have been driven tainly something we need to look at for rado for yielding that time. I thank largely by a 9-percent increase in live- energy independence instead of war de- him even more for his message. It has stock sales. Overall crop sales appear pendence on energy sources particu- been a genuine pleasure to work with to be up about 3.1 percent. Gross cash larly out of the Middle East. We need him on the Agriculture Committee in income is up 4 percent and net cash in- to look to agriculture to help us meet trying to formulate good legislation. I come is up 5.7 percent over last year. some of those energy needs. look forward to supporting the ideas he The $20 billion in payments from the I also have a provision in there to has presented this afternoon. Federal Government, including the deal with cockfighting. It is an at- Mr. President, as a part of the back- AMTA payments, which we voted on in tempt to try and protect States rights. ground for our debate, we ought to con- the summertime, come to $20 billion The State of Colorado, along with 46 sider carefully the status of the farm less, in fact, than the $23 billion that other States, have all passed laws economy presently. Many views have the Congress allocated last year. That against cockfighting. We have three been given, and they are earnest views is significant because the net cash in- States that have not. of Senators and their States’ particular come record was received, even though However, Mr. President, those states agricultural interests. Government payments have come down that have chosen to outlaw cock- Let me review a summary of where this year by, apparently, something fighting have difficulty enforcing their we stand at this particular point in the close to $3 billion. own laws. As a result of a loophole in year 2001. Current USDA forecasts sug- The projected increase in sales in 2001 the Animal Welfare Act, which specifi- gest that the underlying farm econ- will more than offset the modest de- cally excludes live birds from the inter- omy, exclusive of Government pay- cline in the Government payments and state transport ban, individuals who ments, is stronger this year than last. could boost cash income to $239.3 bil- are caught with fighting birds can While U.S. agriculture continues to lion, up significantly by $9.2 billion avoid being detained by law enforce- face the prospects of somewhat reduced from last year. ment by claiming that they are trans- income and outgoing structural I mention all of this, Mr. President, porting the birds to a state in which change, many indicators remain favor- not that these are figures that are like- cockfighting is legal. Game birds are able. The indicators that remain favor- ly to lead anyone to a false impression the only animal for which this loophole able are: Exports are up; asset values about agricultural prosperity but it exists and this is unfair to the states for agriculture throughout the country seems to me important because this de- that have chosen not to allow cock- are up in the aggregate; debt levels are bate thus far has been about a neces- fighting. down; the rate of inflation for the over- sity of having the farm bill passed dur- My attempt is just to make sure that all economy, of course, has been down; ing this calendar year. One of the rea- we don’t preempt the States in a way interest rates are down; productivity sons offered by some Members has been through this Federal loophole that and prices appear to be strengthening. the gravity of the situation for many they can’t enforce the law they passed. Clearly, in the soybean and corn mar- farmers. Each one of us has many such This is an important provision—some- kets, which I know the occupant of the farms in our States that are not work- thing I have worked on for almost 3 chair watches, as I do, we have seen ing well. But the overall picture is im- years. It was passed by a strong major- mercifully an upturn, after bottoming portant. The overall picture is one of ity in the House Farm Bill and has out. In any event, the price levels higher net cash income. been passed previously by the Senate. across the board for all crops appear to I found it to be extremely important It is my hope that we are able to retain be slightly stronger than last year. to study the USDA tables on farm bal- this language in the final version of the World markets are extremely impor- ance sheets. One of the factors of obvi- Farm Bill. tant to us, and this is why we are all ous debate that always seems counter- Mr. President, agriculture is impor- encouraged that export sales appar- intuitive to many who listen to them is tant to this country. It is important to ently will finally come in somewhere that, each year, I and others have made States such as mine and certainly im- close to $53.5 billion in 2001, as com- the point that the total

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12425 value of farms in America has been the transfer that was occurring and the Let us say for the sake of argument growing. By that I mean the estimates seeming permanence of that, as op- that the farm has no debt. That has of the total value of farms, the equity, posed to payments that came in emer- been essentially my case for many after all liabilities, real estate debt, or gencies. years, and my own experience has been any other farm debt have been sub- Senators have risen throughout this roughly 4 percent on invested capital. tracted, is $1.36 trillion. That is up debate and condemned the farm bill of When that figure arises in a forum that from $1.4 trillion last year. 1996 as a terrible failure, pointing out is not a farm meeting, many people In other words, the equity in farms in that it is so bad that we are compelled raise the question: That is pretty low this country—the bottom line is there as Senators to meet almost every sum- for a large enterprise over a long period has been an increase of 3.2 percent. mer and vote to send more money to of time. For example, many people who That is not unusual. Simply tracing farmers. are skeptics about this would say you back over the course of time, USDA With some degree of political real- could have gotten a 6-percent return points out that in 1995, the net equity ism, I would say the compulsion for us just by investing in U.S. Treasury in farms in America was $815 billion. to meet every summer to do this is bonds for 30 years during many recent In 1996, often cited as the high water probably being propelled much more by periods. For that matter, prior to this mark in terms of farm prices and pros- our own desires. To a certain degree, I lower interest rate period we are in perity, farm values were $848 billion, have noted an amount of political com- now, you probably could have bought but in 1997, this went to $887 billion, in petition in this—some persons pur- the bonds maybe even for 7, 8, or 9 per- 1998, to $912 billion, and in 1999, to $964 porting to be stronger friends of farm- cent at different times during this dec- billion. Last year, it went to $1.4 tril- ers than others, all believing we ought ade, with absolutely no risk economi- lion, and this year it went to $1.36 tril- to be able to help out by sending more cally, no risk from markets drying up lion. money in that direction. There has abroad, no risk from the weather. Throughout this time, however—Sen- been no reticence on the part of Sen- This raises the question: Why is $1 ators wish to argue the ups and downs ators on both sides of the aisle to vote trillion of American capital tied up in of agricultural prosperity or dif- this money. farms—which, indeed, it is—2 million ficulty—the value of their farms went I predict, I think without being too such entities, at least with the defini- up every single year without exception. far off the mark, that whatever kind of tion of $1,000 in sales? The reason ultimately, in my case, as Many have asked: How can this be? I a farm bill we finally enact this time, well with most people, is that we like have tried to answer that question in there may be those among our number what we are doing. Frequently, it is a earlier statements. who will ask us each summer to come family tradition. That is my case. My The programs we have adopted, for to the Chamber to vote more money, to dad bought the farm 70 years ago. It is better or for worse, finally add up to supplement whatever it is we have something very important to me as a more land value. They go essentially to done. In other words, I have never person. It is more than simply a busi- landowners. That is capitalized in the found in my experience in the Senate ness enterprise. But I have to recognize land. They are able to borrow more on that the issue is ever settled. The there are alternative things I could do it, and they become more prosperous. emergencies occur every year and in with the capital and probably do better The market value is higher because a many parts of the country and some- than 4 percent. This 4 percent is anec- stream of payments guaranteed by the times vary widely. Let me offer a rea- dotal in a sense but not entirely. Federal Government appears to be be- son why that is so. This is not a cyn- If, in fact, as the distinguished chair- hind those values. ical reason. This is a reason rooted in man of the committee pointed out this Some, without being spoiled sports, the reality of my own experience. morning, net farm income in this coun- have raised the question of whether One of the questions I frequently ask try for 2001 is 49.4 percent, and you fac- these land values have a reality to witnesses before the Agriculture Com- tor that with a divisor of $1.36 trillion them that is solid for the future. They mittee when we are having debates on for the value of real estate and so have not suggested a so-called bubble programs or incomes is to give me an forth, you come to something like 4.8 effect that land values, much like com- estimate of the return on invested cap- percent. Taking a look at all of Amer- munication or telecommunications ital that they obtained from their farm ican agriculture, that net was earned firms in our economy in the last 2 operation. on this amount. years, simply exceeded the potential Most witnesses, even those who are So my experience is not too far away for income streams that might come fairly sophisticated, do not know. They from the mainstream, which is com- from them. really have not thought that problem forting to know, but not for farmers Nevertheless, it is difficult to argue through. They say that is almost irrel- generally because there is not much that these land values, increasing each evant: My problem is keeping the farm leeway. year, do not have built into them cer- alive, keeping the dairy operation I suggest the reason we have debates tain expectations of Federal policies alive. I do not know what the return on almost every year is a good number of that are very generous. investment is; the problem is paying farmers do not have any leeway. If Perhaps over the course of the next 5 the banker and having enough capital farms that are fairly large and well years, or in the case of the House bill to buy new equipment to be competi- managed do no better than 4 percent on the next 10 years, the general public in tive. average, and in some years 3 percent or the United States; that is, taxpayers, I understand that, but it illustrates 2 percent, situations that are not so everyone who is not a farmer, are pre- part of the problem. When I have had well managed, do not have modern pared to make very large transfer pay- discussions with very prosperous farm- equipment, the research into seeds or ments of their moneys to those who are ers in Indiana, whom I respect for their planting processes, or have not done farmers and to do so in such a predict- abilities and have learned a lot from conservation work that has proper able way that anyone who owns land them, their answer to that question is drainage, they are going to have prob- can anticipate that kind of flow. It usually a 3 to 5-percent return on in- lems meeting it at all every year; there would have no relationship to whether vested capital over several years. Some is so little leeway. or not there was an emergency. It sim- years it is much better, but some years Intuitively, we have known it even if ply is a guaranteed transfer of payment it is close to a wash. we could not quantify it, and our pol- with the same certainty as a pension Some suggest, of course, that de- icy has generally been, regardless of right or some other property right in- pends on how leveraged the farm is. If, which farm bill I have been involved in, volved. in fact, a very valuable property has an to save every family farmer. We have That is a judgment for Senators, almost equally valuable mortgage on tried, in fact, to think through how Members of the House, and the Presi- it, the amount of equity that the farm- there could be a safety net and ad hoc dent to make, and we all have our dif- er has in play is fairly small; therefore, emergency payments and whatever was ferent views on this issue. any income fluctuation makes the re- required. We have not succeeded, al- I have always wondered whether turn on income either go up or down though, as I mentioned in an earlier de- those who are not farmers understood very rapidly. bate today, we have stimulated a lot of

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12426 CONGRESSIONAL RECORD — SENATE December 5, 2001 people to come into farming, many of program that is engraved forever. We The staff of the committee, particu- them in a small way. It is not a major can pass a bill that has 5 years’ dura- larly the majority staff, who have income. So the numbers of farmers do tion or 10, but each Congress can worked on drafting the legislation we not trail off as rapidly as they did at amend that very substantially and introduced today, did yeoman’s work. I the turn of the century, 100 years ago, change it materially and must have the will mention the individuals who or all the way through the 1930s. Never- right to do so on the basis of whatever worked so hard on this: Of course, Bob theless, the concentration into about the crisis the country faces or its prior- Simon, who is our staff director. This 170,000 large farms in this country is ities then. list is in no particular order except per- pronounced. These farms are doing the That is why I fear the idea of 5 or 10 haps alphabetical, although I am not majority of the business, and about years of very large fixed payments to sure that is exactly right. Patty 600,000 farms in America plus or minus 40 percent of farmers who are in the Beneke worked hard on various provi- a few do about four-fifths of all we do. program as opposed to 60 percent who sions; Jonathan Black; Shelley Brown Trying to fashion a farm policy, are not, based on nothing more than helped us with the bill; Mike Connor; therefore, that fits these situations, the fact that one has been a farmer in Deborah Estes; Sam Fowler, who was these diverse situations, is virtually the past, whether they are farming now the principal draftsman on the bill; impossible. At the same time, we have or not. It has some problems to it. Jennifer Michael; Leon Lowery; Shir- tried—all of us have tried. The bottom They are not being glossed over. I ley Neff made tremendous contribu- line has been we have succeeded in think Senators must understand what tions. Malini Sekhar, Vicki Thorne, good part, but the debate continues be- they are doing. John Watts, Bill Wicker, and Mary cause farms that do not make very Having heard a lot of criticism about Katherine Ishee also made great con- much on invested capital are in trouble fixed payments in the past, these so- tributions. every year. called AMTA payments, I am aston- So I want to publicly state my appre- I do not know the answer to that ished so many Senators are fully pre- ciation to them for the good work they question. My guess is, in part, it is pared to do more of it now really with- did. being answered by age. The average age out any limitation. The bill I presented Although the bill that we introduced of people who are farming increases. does have limitations. The 6 percent today is the culmination of a great The people who come to the distin- credit that one receives on the basis of deal of work, it is also in many ways guished occupant of the chair and to all the total whole farm income is fi- just a beginning. It is a starting point me, who have, say, a 30-, 40-, 50-herd nally limited to only $30,000 a farmer. for the next phase of the Senate’s con- dairy situation, say: What are we going The Senate Agriculture bill we are now sideration of energy policy. Senator to do? I am 65, one farmer will say. I considering could pay as much as DASCHLE has indicated he desires for us would like to retire. I would like to get $500,000 to a single farm entity. In fair- to bring it up and debate this legisla- a pension or my money out of this. The ness to my chairman, Senator HARKIN, tion and the entire subject area during son who is about 40, it is very doubtful who has long believed there were prob- the first period of the next session. One obvious question is why we in- whether he wants to continue, whether lems in having such distortions, he vested so much time on this topic of there is enough for a livelihood at a readily admits in order to obtain a ma- energy in developing this bill. There middle-class level in our society, and jority support in the committee, he ac- are two basic answers to that question. they come to us and ask for counsel as quiesced to those who wanted more. First, energy is central to our present to what to do. There is no good answer. For all I know, those limits are still and future economic prosperity. Any of It finally has to be a gut feeling on the being raised, even as we speak, to accommodate the situations of particular us who lived in the last few decades of part of that farmer. this country know we depend upon for- The farm bill on which we are about crops. This does not bode very well for the eign sources for much of our energy. to embark, if we adopt the bill passed small family farm situation, or the Our economy is vitally dependent upon by the Senate Agriculture Committee, saving of everyone, or the general ethic reasonable prices for energy. in my judgment, makes the situation of the bill that is often presented that Second, there has been significant substantially worse. I do not paint this way, or even those particular cases of changes in energy markets since the in disastrous hues. My own judgment distress in the midst of the overall in- last time Congress considered com- is, regardless of what we do, this will creasing prosperity I described in the prehensive energy legislation. The last not be an irrevocable disaster for the overall report. major energy bill we passed was the country, but I think some people will These are concerns that have led me Energy Policy Act of 1992. Since that get hurt. Among those who will get and others to suggest alternatives. In time, as a nation we have moved fur- hurt are probably the small, simply be- the event the debate proceeds, we will ther away from command and control cause most of the payments will go to have that opportunity. I utilize this regulation of energy toward a system the large. The payments will be much time of deliberate and thoughtful de- that relies much more on market larger than they were before, so the bate on the farm bill to bring forward forces to set the price of energy. In the large will be even more consolidated some of these facts and some of this in- process, our energy markets have be- and confirmed in their situations. Land formation. come more competitive, more dynamic, values will continue to increase, maybe Mr. President, I yield the floor. and there have been some significant not to a bubble situation but clearly The PRESIDING OFFICER. The Sen- bumps in the road which we have all rising on the basis of not much behind ator from New Mexico. observed. them. Mr. BINGAMAN. Mr. President, I ask Consumers are now more vulnerable The return on capital is still pretty unanimous consent that I be allowed to to the vagaries of energy markets and sketchy. If one were to take a look at use up to the hour of time postcloture the volatile prices for energy. The this, such as the people at the stock that I am entitled to and that I be al- structures to regulate these emerging market, it would be seen as a pretty lowed to speak as in morning business. market forces are not fully developed, precarious kind of investment, and The PRESIDING OFFICER. Without as we could see very clearly in the last based largely upon the general mood of objection, it is so ordered. few weeks with regard to the cir- the public as a whole. Since this pros- ENERGY POLICY ACT OF 2002 cumstances of Enron Corporation. perity would not have been based on Mr. BINGAMAN. Mr. President, Gasoline supplies nationwide have the market necessarily but really on today I joined Senator DASCHLE in in- become increasingly subject to local the basis of our political debate and troducing the Energy Policy Act of crises and to price spikes due to the public policy, that which is given can 2002. This bill is a culmination of a proliferation of inflexible local fuel be taken away. great deal of work involving several specifications and tight capacity in re- I have no idea what the mood of the committees in the Senate. In the Com- fining and in pipelines. Congress will be 2 or 3 years from now, mittee on Energy and Natural Re- Of course, the events of September 11 if in fact we have sustained deficits for sources alone, we had over 50 hearings have caused many of us to reflect on 3 years as the Director of OMB has in the 106th and 107th Congresses that the inherent vulnerabilities of our en- prophesied we will. There is no farm relate to this bill. ergy transmission system. The time

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12427 may be right for us to rethink how we leave our country very vulnerable to cent of all Federal electricity pur- site energy infrastructure, the balance shortfalls in the delivery of either of chases by the year 2010. The renewable between central and distributed gen- those commodities. Consumers would energy production incentive, which is eration of power in our electricity sys- be exposed to severe risks of price an existing program to help rural elec- tem. spikes. tric co-ops and municipal utilities gen- So Congress needs to respond to We clearly need more diversity in the erate renewable energy, is also reau- these changes and challenges and op- ways that we produce electricity in thorized in this bill and extended to in- portunities. If we do so in a balanced this country, not less diversity. Our clude Indian lands which contain some and comprehensive and forward-look- overdependence does not make sense in prime renewable resources. So that is ing way, then we can develop an energy light of the commitments to renewable the first way in which this bill would policy that will lead to a new economic energy that have been made in other make an effort to boost our future use prosperity for the country and for the countries, particularly in Europe. This of renewables. world. But we will not get there simply chart demonstrates that very graphi- The second is that the bill being in- by perpetuating the energy policy ap- cally. This chart is entitled ‘‘Commit- troduced today greatly expands the proaches of the past. New ideas and ap- ment to Renewable Generation.’’ This contribution of renewable fuels such as proaches are needed as well as greater is generation of electricity. The per- ethanol and biodiesel-powered vehicles investment to move into the future. centage increase in nonhydro renew- and transportation. By 2005, 75 percent That is what this bill we have intro- able generation during the 5 years 1990– of the Federal Government’s vehicles duced today tries to do. The bill has 1995—a 6-year period, I guess—here you that can burn alternative fuels would three overarching goals. This chart can see the percentage increase. In the be required to do so, creating more specifies what those are. case of Spain, it was a little over 300 market certainty for renewable fuels First, we try to ensure adequate and percent. In the case of Germany, it was and their associated infrastructure. affordable supplies of energy from a va- something over 150 percent—175 per- riety of sources—from renewable cent. In the case of Denmark, it was By 2012, 5 billion gallons a year of resources as well as from oil and gas and nearly 150 percent. Then it goes on newable fuels would be blended into coal and nuclear. I emphasize renew- down until you get to the United our gasoline, decreasing our import de- ables because, as I will indicate in a States, which is way down in the single pendence on foreign oil. few moments, that is an area to which digits. The third way in which the bill helps we have given too little attention. There are countries that did less dur- renewables contribute more to our en- Second, the bill improves the effi- ing that 5- or 6-year period than we did ergy mix is by removing existing regu- ciency and productivity of our energy but not many. Even France, which is latory barriers that affect renewable use, including energy reliability and often held up as a model for its com- energy. For example, wind and solar the productivity of our electric trans- mitment to nuclear power, has out- power can be effectively tapped by mission system and energy use in in- paced the United States in recent years small distributed generation systems, dustry, in vehicles and appliances, and in its investment in renewable sources but current practices and rules in the in buildings. of electricity other than nuclear power. marketplace often discriminate The third overarching goal of this The United States needs to lead the against distributed generation. Our bill legislation is to keep other important world in renewable technologies. tries to deal with this problem by re- policy goals in addition to our energy We have abundant domestic renew- quiring electric utilities to offer their policies, goals such as protection of the able resources. The world market for customers net metering, in which a environment and global-climate- such technologies is capable of strong customer can offset his electric bill by change-related issues—keep those growth in the future. Renewable tech- the amount of electricity that he gen- goals in mind as we sort through our nology leadership would help U.S. erates and sells to that local utility. energy policy choices. firms achieve a strong position in win- I think we can achieve these three ning those markets and thus creating The bill also requires fair trans- goals if we accelerate the introduction new jobs in our own country. mission rules for intermittent genera- of new technologies and if we create If our country is to lead the world in tion such as wind and solar. flexible market conditions that em- renewable energy technologies, we Finally, the bill mandates easier power energy consumers so they can need to do a better job of getting those interconnection for distributed energy make choices that will benefit both technologies into the marketplace in production into the interstate trans- them and our society more generally. this country. mission grid and requires States to ex- This combination of new technology Our bill that we have introduced amine ways to facilitate that inter- and policy innovation in pursuit of a today would boost future use of renew- connection of distributed energy into diverse and robust national energy sys- ables in five major ways. Let me sum- local electric distribution systems as tem can be seen in the provisions of marize those five ways. well. this bill as they relate to the first First, the bill contains market incen- A fourth major way in which our bill major goal. This is obtaining an ade- tives that would triple the amount of promotes renewables is by dissemi- quate and affordable supply of energy. electricity produced from renewable nating information about and facili- So let me start the discussion by energy over the next 20 years. Here is tating access to areas of high resource speaking first about this important another chart that tries to show potential, particularly on our public subject of renewable energy that I re- graphically where we are today, slight- lands. There are many places in this ferred to a minute ago. ly after the year 2000, at less than 5 Nation and my State that have un- Our Senate bill contains numerous quadrillion Btus annually. This green tapped renewable energy potential. The provisions enhancing the contribution wedge shows what we would anticipate bill creates a pilot program at the De- of renewable forms of energy to our fu- as the growth in the production or gen- partment of Energy and in the Forest ture energy mix. Under the ‘‘business eration of electricity from renewable Service for development of wind and as usual’’ approach of the House energy sources between now and the year 2020 solar energy projects on Federal lands. bill, H.R. 4, which has been proposed at under this legislation that we have in- various times on the Senate floor, the troduced. A fifth and final area in which the contribution to our energy mix from These incentives include a renewable bill helps make renewable energy a big- renewables will not substantially in- portfolio standard that creates a mar- ger part of our energy picture in the fu- crease over the next 20 years. The re- ket for new renewable sources of elec- ture is through enhanced research and sult will be an energy system, particu- tricity, whether they are wind or solar development programs. These research larly for the production of electricity, or biomass or incremental hydro- and development programs in our bill that will go from being about 68 per- electric generation from existing dams. at the Department of Energy will grow cent based on coal and natural gas to A second market incentive is the from an authorized level of $500 million being about 80 percent based on those Federal purchase requirement for rein fiscal year 2003 to $733 million by fis- two fuels. That overdependence would newables that would grow to 7.5 per- cal year 2006.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12428 CONGRESSIONAL RECORD — SENATE December 5, 2001 I would like to briefly talk about The bill addresses a number of devel- building this pipeline, we will lose an some of the other more traditional en- oping problems in natural gas produc- important opportunity to bolster our ergy supply sources in addition to re- tion, such as conflicts over coal bed national energy security in natural newables that we try to promote and methane and hydraulic fractures and gas. encourage in this legislation. to bring these conflicts to resolution As a consequence, we might well be Natural gas is one of those in our Na- before they reach crisis proportions. hearing speeches 10 to 20 years from tion at a crossroads major policy deci- But even these steps, which I believe now about our dependence on foreign sion with regard to energy security. will be useful and important, will not natural gas which would sound a lot U.S. natural gas demand is expected to be enough to close the gap that is re- like the speeches we have been hearing increase from 23 trillion cubic feet per flected on this chart. The most signifi- about our dependence on foreign oil. year. Demand is expected to be about cant step the bill tries to take for fu- Since I mentioned oil, let me say a 35 trillion cubic feet per year by 2020. ture natural gas supply is to provide few things about what we have in this Much of that demand is going to be enough financial incentives so that we bill related to oil, and the ways we are driven by the use of natural gas for see the construction of a pipeline to trying to increase domestic production electricity generation because, as we bring down from Alaska the vast re- of oil. build more powerplants to produce serves of natural gas that have been (Mr. DAYTON assumed the chair.) more electricity, virtually all of those discovered and have already been de- Mr. BINGAMAN. When you hear all new powerplants that are coming on veloped in the Prudhoe Bay region. the rhetoric about drilling in the Arc- line—not all, but many of those new The Presiding Officer and I had the tic National Wildlife Refuge—and we powerplants that are coming on line— opportunity to visit there earlier this have heard various speeches about that are expected to use natural gas. year. The existing reserves are esti- in this Chamber—one would think it is As you can see from this chart, which mated to be over 30 trillion cubic feet the only place in the United States goes from the period of 1970 through of gas. It is estimated that the total where we could find more oil. That is 2020, today there is more consumption natural gas resources on the North far from true. There are 32 million of natural gas than there is production Slope of Alaska could be in the order of acres of the outer continental shelf off in the country. But it is not a very 100 trillion cubic feet. A natural gas the coast of Texas, Louisiana, and Mis- major gap. As we move forward for the pipeline from Alaska to the lower 48 sissippi that have already been leased next 20 years, that gap grows. Our con- States would provide at least 4 billion by the Government to oil companies sumption of natural gas is going to in- to 6 billion cubic feet of natural gas per for exploration and production. They crease more quickly than the produc- day before the end of this decade. are shown on this map I show you by Once the pipeline is constructed, it tion of natural gas is expected to in- these yellow blocks. would provide gas to American con- crease. There is no requirement that any leg- sumers for at least 30 years. It would We tried to follow the developments islation be passed in order for drilling be a stabilizing force in natural gas in this field internationally to under- to occur in these areas. These are areas prices as well. that have been leased. They can be stand what is occurring. We have a The project makes a great deal of drilled. We need to do what we can to very disturbing development of which I sense. But it has not happened because encourage the actual development of think the Senate needs to be aware and there is a lack of certainty about the those leases. of which our entire country needs to be investment risk of building such a In addition to the production off the aware. major pipeline. As a result of this gap that I have We are talking about an enormous Gulf of Mexico, there are outstanding pointed out on this chart, as a nation undertaking. The pipeline would be one prospects for increased production we are at the risk of becoming depend- of the largest construction projects from the National Petroleum Reserve— ent upon imported natural gas brought ever undertaken. It would create a Alaska. to our shores in tankers for a substan- massive number of jobs in Alaska, in Again, the Presiding Officer and I tial portion of the gas that we con- Canada, and in the lower 48. The had the opportunity to see the promise sume. project would require the construction that some of the oil companies obvi- The countries on which we would of the largest gas treatment plant in ously felt about the potential produc- rely for much of that gas are prone to the world, and the laying of about 3,600 tion there. political instability. They are in the miles of pipe requiring 5 million to 6 Under the Clinton administration, early stages of forming an OPEC-like million tons of steel. the previous administration, leasing organization for natural gas exporters. The preliminary estimates are the was expanded in this area. Industry There is a cover story in the June cost would be in the range of $40 bil- made some major finds. There is no law 2001 issue of OPEC’s Bulletin that dis- lion. But since natural gas prices vary that needs to be passed in order for ad- cusses Iran hosting an inaugural meet- from $2 to $10—which we have seen that ditional leasing to occur in that area. ing of the Gas Exporting Counties just in the last 12 months—per mcf it is I, for one at least, believe that is an ap- Forum. hard for the market to take on this propriate place for us to be pursuing As a nation, we do not want to be in challenge by itself. So we are proposing additional oil production. the position of having to deal with a legislation that would expedite the If the problem really is not finding cartel in natural gas in addition to the process for permitting, for providing areas to lease under current law, then cartel we already deal with related to rights-of-way, and certifications that why is there not more domestic pro- oil. are needed for the U.S. segment of the duction going on in the areas that are Our bill takes several steps to come pipeline. already leased for exploration and pro- up with a different policy for natural The Government would step up and duction? We need to look at that ques- gas. offer to underwrite loans for 80 percent tion. That is not a simple question to We increase funding for research to of the cost of the line that is con- answer. develop domestic natural gas deposits structed within the United States. We need to look at the differences be- in deepwater areas in the Gulf of Mex- There are various other provisions tween our Federal and State royalty ico and in harder to tap geologic for- which we think would improve the and tax policies and those of other mulations on shore. likelihood that this pipeline would be countries with oil and gas resources. We provide research funds to explore built in the near future. We have provisions in this bill to try to the potential of methane hydrates that I believe it is important for the Sen- have that analysis done. are trapped on the ocean floor at great ate to be proactive on this project—not A second proposal to boost domestic depths. simply to sit back, cross our fingers production in the near future is to pro- The bill authorizes more funds to fa- and hope that the various companies vide adequate funding for the Federal cilitate the permitting and leasing of that are looking at this decide to go programs that actually issue new Federal lands for natural gas produc- ahead. leases and new permits for oil and gas tion in places where that is environ- If we do not act while there is sub- production. For all the rhetoric from mentally acceptable. stantial private sector interest in the administration about the need to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12429 boost domestic production, in its last the marketplace. The nuclear waste have a sound energy policy based only budget request, the administration did problem is not yet solved. Nuclear safe- on production or only on conservation. not ask for adequate funding to do this ty is a continuing concern for many in We need to focus on both. Our energy work properly. The result of inad- the public. Our cadre of nuclear sci- policy needs to combine programs that equate funding for U.S. land manage- entists and engineers is growing older boost supplies with programs that use ment agencies is delay and frustration and dwindling, and we are not seeing a those supplies more efficiently. on the part of U.S. oil and gas pro- large supply of students being trained The first major way in which we can ducers. This bill calls for increased to help us deal with nuclear issues in use our energy supply more efficiently budget levels for those functions. The the future. is by having an electricity trans- Federal Government can then take the This bill takes on these problems by mission system that is ready for the necessary steps to make oil and gas focusing on research and development challenges of the next century. Elec- leasing faster and more predictable on new nuclear plant designs that tricity is essential to our modern way where it is already permitted. might address these problems and on a of life, yet our electric system largely The bill also contains increased reprogram to strengthen university de- operates on a design that is nearly a search and development funding to sup- partments of nuclear science and tech- century old. port domestic oil and gas production nology. We have vulnerabilities in our cur- by smaller companies and independent The bill also contains a partial reau- rent system. We just excerpted some of producers. These entities account for thorization of the basic nuclear liabil- the headlines from national news- the majority of on-shore U.S. produc- ity statute; that is, the Price-Anderson papers, and I have put those up here on tion of oil. They do not have the re- Act. The part that is in the bill deals a chart to remind people of what we sources to do their own exploration and with liability of Department of Energy were hearing in the news and on tele- production research and development. nuclear contractors, including the Na- vision earlier this year. Let me say a few words about coal. tional Laboratories that are a signifi- Let me just read a few of these: This is an important contributor to our cant source of our national nuclear ex- ‘‘Electricity crisis: The Grinch that current energy supply picture. pertise. The other main part of the stole Christmas.’’ That was last Christ- Fifty-nine percent of our electricity Price-Anderson Act, dealing with the mas. generation nationwide is based on coal. commercial nuclear power industry, is ‘‘Happy holidays. Now turn off that This chart I show you is a good back- being developed by the Committee on Christmas tree.’’ That was last Christ- ground chart for anyone interested in Environment and Public Works and is mas. how we produce electricity in this expected to be offered by them as an ‘‘California declares power emer- country. You can see this top line is amendment when we get to the floor gency.’’ ‘‘Blackout threat remains as coal. That represents the 59 percent to consideration of the bill. California scrambles.’’ ‘‘California which I just referred. Fifty-nine per- Hydropower is another source of en- power woes affect entire west coast.’’ cent of our electricity generation is ergy supply that this bill addresses re- ‘‘Energy chief moves to avert Cali- based on coal. We have tremendous lated to electricity generation. Many fornia blackouts.’’ ‘‘Utilities seek im- coal resources. We have been called the hydroelectric facilities are reaching mediate rate hike to avoid bank- the age at which their original licenses ‘‘Saudi Arabia of coal’’ by some. ruptcy.’’ Those are the types of head- But coal’s place in our energy future under the Federal Power Act are about lines we were seeing at the end of last needs to be clean and needs to be emis- to expire. The process of relicensing year and early this year. sion-free. Coal-based generation, as we these facilities needs to be protective We need to address the issue of elec- all know, produces more greenhouse of the environment, predictable for li- tricity generation and transmission. gas emissions per Btu of energy output censees, and efficient in the way it is The central challenge we face with administered. than does natural gas-fired generation electricity is to have two elements: We have been working for months that I was talking about a few minutes First, to have market institutions that with both the hydropower industry and ensure reliable and affordable supplies ago. Other pollutants from coal-fired the environmental groups to develop a plants have been the source of regional consensus on how to achieve these of electricity and, second, to have poli- tensions between States where coal- goals. There is strong bipartisan inter- cies that favor future investments in fired plants are located and States that est in moving in that direction. We are new technologies that give consumers are downwind from those plants. committed to working toward this end. real choices over their energy use. We Coal is too important a resource to have provisions in this bill to do just We have worked with Senator CRAIG write off. Technology holds a promise extensively on this issue. We look for- that. for dramatically lowering, even to zero, ward to continuing that communica- I could go through those provisions the emissions from coal-based plants. tion and hope that by the time this bill in detail. Since I notice there are oth- This bill takes a very forward-looking comes to debate on the floor we have a ers wishing to speak, I will skip over approach to the issue by authorizing a consensus on that issue. some of these and move on to the high- $200 million per year research and de- A final way in which the bill focuses lights of the rest of the bill. velopment demonstration program on increasing the supply of domestic A second way in which we need to in- based on coal gasification, carbon se- energy is through a series of provisions crease efficiency in the various uses of questration, and related ultraclean facilitating the development of energy energy is in the fuel efficiency of vehi- technologies for burning coal. resources on Indian lands. Let me say cles. The bill contains two provisions The proposal was a result of a strong that is an important new area we are in that regard: One that mandates bipartisan push in our committee by trying to put some emphasis on in the higher fuel efficiency in the vehicles Senator EVAN BAYH and Senator CRAIG bill. purchased by the Federal Government THOMAS and is one more example of the The second of the major overarching for civilian use, and a second that pro- crucial role that research and develop- goals that I mentioned at the begin- vides a framework for the Department ment is going to play—and needs to ning of my comments was this need to of Energy to assist States in expanding play—in shaping our energy future. use energy supplies more efficiently scrappage programs to get old fuel in- Research and development are also and productively. So far, we have efficient vehicles off the roads. This is keys to the future of nuclear power in talked about how to increase supplies cash for clunkers, as it has been re- this country. Nuclear reactors emit no of energy through renewables, through ferred to by some. greenhouse gases, so on that basis one oil, gas, coal, hydroelectric, and nu- I know Alan Binder has spoken elo- would think they are an option that we clear. quently about how important he thinks should be looking at for the future. But Let me refer now to parts of the bill it is that we pursue that course both nuclear plants have other characteris- that deal with this second overarching for our energy future and as a way to tics that are not as attractive. They goal: how to use energy supplies more get cash into the hands of people to have very high up-front capital costs productively and efficiently. stimulate the economy at this point. compared to other generating options. As I have mentioned consistently Let me move to one other chart to That puts them at a disadvantage in throughout the past year, you cannot make the point that we do need to deal

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12430 CONGRESSIONAL RECORD — SENATE December 5, 2001 with this issue of transportation, if we percent of the power that goes into Wildlife Refuge to drilling. If you take are going to begin to deal with total oil most lighting fixtures actually winds all of the discussion about energy pol- demand in the country. This is a chart up being translated into light. The rest icy that has occurred in the Chamber that shows U.S. oil consumption in goes off in heat. We can do much better over the last 10 or 11 months, you millions of barrels per day. It goes than that. This next generation light- would think that this was the center- from the year 1950 to the year 2020. ing initiative we believe will help U.S. piece, this is the main thing the coun- This line, which is here at 2000, sort of industry to meet that challenge and try needs to be doing to solve its en- shows where we are today. You can see help our country to benefit from the ergy problems. I dissent from that that the total oil demand has been in- development of those new technologies. view. I do not believe this is the center- creasing and is expected to keep in- We also have a provision for substan- piece of our energy policy. This is a creasing. Total transportation demand tially increasing the effort for energy case of the tail wagging the dog. has been increasing and is expected to efficiency assistance programs. This is I do believe that opening the wildlife keep increasing. the LIHEAP program, the Low-Income refuge for drilling is not an essential or Domestic oil production has been de- Home Energy Assistance Program. substantial part of solving our national clining since about 1970. That is not Many people depend upon that as we energy needs in the future. As you can going to change. Domestic oil produc- get into the winter months. You do not see from this chart, it does increase tion is going to continue to decline. know it today by the temperature out- production domestically. It does not We can affect it. Domestic oil pro- side, but there are cold days coming. In increase it to such an extent that our duction, if ANWR is opened, will be af- the winter, this is an extremely impor- problems of growing dependence on for- fected. It will increase it somewhat. tant program. And also in the summer, eign sources of oil are solved. That is reflected with this little red when air conditioning is needed, this is That debate is one that I am sure we line. But when you look at what are an extremely important program for will have, and we have had it already the steps that can be taken that will many of our citizens. We propose in- many times in the Senate Chamber. We have a major impact on this total oil creases there. will have an opportunity to have it demand, this top number, you can see A third and final overarching goal of again when this bill comes up, and each that doing something about transpor- the bill is to balance energy policy Senator has a strongly held view on tation demand is by far the largest ac- with other important societal consider- the subject. tion that we can take. ations. Energy production and use Let me put up one final chart and The Commerce Committee is having comes associated with a host of con- then I will conclude. Earlier this year, a hearing tomorrow on this very issue. sequences for the environment. We President Bush appointed a task force They are intending to develop a pro- need to strike the right balance among and asked Vice President CHENEY to posal to bring to the Senate as an energy, the environment, and the econ- head the task force and work up a so- amendment to this bill to indicate a omy. That balance is what we are sent called energy plan for the country, change in the requirements, the cor- to Washington to try to find. This bill look at our long-term energy needs. Al- porate average fuel efficiency require- addresses the issues in a number of though that plan was severely criti- ments, the CAFE standards, fuel effi- ways. Several provisions of the bill cized by some, I thought there were ciency standards, and I look forward to deal with the legacy of past problems some constructive suggestions in it. I seeing what they propose. I do believe posed by energy production and use for didn’t agree with everything in it, but it is important we take serious steps in the environment. I thought there were constructive sec- this regard. The House-passed bill did We have major provisions to focus tions in it. not do that. the attention of the country and the The administration recommended We as a Nation have to come to grips Government on dealing with the issue that the Congress act in 10 different with this issue. The technology is of global climate change, a proposal policy areas. We have those on this there. This is not something we have to Senators BYRD and STEVENS made ear- chart. They range from electricity, to go out and speculate on as to whether lier this year that has been considered energy tax incentives, expedited Alas- the technology could be developed that in the Governmental Affairs Com- ka gas pipeline construction, and on will get us better fuel efficiency. We all mittee, setting up an office to look at down through the list. The House- know Senator BENNETT, our good friend global climate change to come up with passed legislation, H.R. 4, which has from Utah, has a hybrid electric vehi- a policy and coordinate our govern- been proposed here at various times on cle he parks right out here at the Sen- mental response to that issue. That is the Senate floor, addresses 5 of the 10 ate steps. I complimented him on it. I a proposal the bulk of which we have key areas that the administration pro- asked him yesterday: What kind of fuel included in this legislation. posed that we address. efficiency do you get on that car? He That is a very important part of the The legislation we are introducing said: 53 miles per gallon in town. Now, bill. I have said from the beginning of today addresses 9 of the 10 key issue that is a clear signal to me that the the discussion about an energy bill areas. I am not saying the administra- technology is there. We can produce that we needed to have one that inte- tion embraces every aspect of what we more efficient vehicles. We should do grated energy policy with climate proposed in each of these nine areas, that. We should provide incentives for change policy, and we have tried very but in many respects we do believe we people to use those. hard to do that. are making recommendations that are There are other steps. The Federal We also have provisions in the bill to consistent with that energy plan that Government can do a much better job reconcile energy policy with the needs was earlier issued by the administra- of increasing efficiency in the energy it we have for security of our energy in- tion. We believe these issues should not uses. We have included various provi- frastructure. The events of September be partisan. We believe there is a great sions to encourage that. Industrial en- 11 have caused us to think about poten- deal of common ground that we can ergy efficiency can be dramatically im- tial security vulnerabilities of the en- find on energy issues. I look forward to proved. We have various provisions to ergy infrastructure. This is an area working with my colleagues on the encourage that. Commercial and con- where there is a considerable amount Democratic side and the Republican sumer products can be much more effi- of work that has been done, but more side in identifying ways this bill can be cient than they are, and we have provi- needs to be done. We have provisions to improved, if there are suggestions out sions in the bill to encourage that. focus on the Strategic Petroleum Re- there. The bill is there for anyone to There is a new generation lighting serve, to direct the administration to study and to suggest improvements. I initiative in this bill which I believe is fill the Strategic Petroleum Reserve. think, in many ways, having it avail- a major step in the right direction. We We also have provisions related to se- able for that kind of scrutiny over the are still using incandescent light bulbs, curity of other parts of our energy in- next weeks, until we get into the new just as Thomas Edison taught us. frastructure. session after the first of the year, will There is no reason why we can’t be Let me say a couple of words about be very good and will help us produce a using much more advanced technology why we have not included a provision better product for the American peo- which is much more efficient. About 25 in this bill to open the Arctic National ple.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12431 I see this as a project that, hopefully, tistic that was referred to repeatedly, ship on a draft of something that is will set the course for our energy pol- and that is that we are going to have to very comprehensive and remarkably icy in this country perhaps for another build 1,300 new power generation plants refreshing, as compared to what the decade, for some period. It was 1992 in the next 20 years. Well, that is not other body did. I think the other body when we passed the last major energy our analysis. We don’t believe that is is saying what we did yesterday, let’s bill in the Congress and had it signed the case. We think if we take some pru- do more of tomorrow. That is not a into law. There is no reason to believe dent steps to improve efficiency in con- very thoughtful policy. Let’s do a lot of we are likely to try comprehensive en- servation, we clearly will need new good things that work to move us in a ergy legislation in the near term again. generation in the next 20 years, but not new direction to meet our energy I hope very much that we can seriously anything like the new generation to needs. consider this legislation in the new ses- which the Vice President has referred. Again, I asked if he would yield for a sion of the Congress in February, as So I think there is a great oppor- question, and I guess I could ask a Senator DASCHLE has indicated, and tunity here. As the Senator from North question, but I did want to say to him that we can pass a bill on a bipartisan Dakota says, we have tried very hard that this is good policy. It is not the basis and go to conference with the to balance the two—balance increased case that the long-term energy needs of House. production with increased efficiency, this country will be served in a very Mr. DORGAN. I wonder if the Sen- and move us down the road in a way comprehensive way if we are able to ator will yield for a couple questions. that is acceptable to the environment. pass this bill as-is tonight. We won’t do Mr. BINGAMAN. I am glad to yield Mr. DORGAN. The Senator from New that. But does the Senator not believe to my colleague from North Dakota. I Mexico, the chairman, will remember that this will really advance this coun- compliment him on the very major that at a hearing we held with the De- try’s energy policy in a significant contributions he made in the develop- partment of Energy, I asked the Dep- way? ment of this bill. uty Secretary what our goals and aspi- Mr. BINGAMAN. Obviously, I believe Mr. DORGAN. As a member of the rations were for the next 25 and 50 it would advance the interests of the Energy Committee, I am pleased to years, and what kind of energy plan do country in a very substantial way. I ap- work with Senator BINGAMAN. He has we have for 50 years from now? What preciate very much the comments of done an extraordinary job. We have had do we aspire to do? What kind of na- the Senator from North Dakota. Again, many Members of the Senate come to tional objectives do we have with re- I want to just acknowledge and com- the floor of the Senate talking about spect to supply, and what kind of en- pliment him on the great contributions the urgency of having a new energy ergy? The answer was, we are going to he made to the development of this leg- policy. I agree with that urgency and have to get back to you on that, be- islation. We have many of his ideas that the policy should be new, and I cause they don’t have plans 25 and 50 that are central to this legislation. agree it ought to be a balanced, com- years from now. We look forward to the scrutiny by prehensive policy. The other body, the The reason I asked the questions, the the rest of our colleagues in the Sen- House of Representatives, wrote an en- Senator will recall, is when we debate, ate, and I hope very much when this ergy bill that I classified as kind of a for example, Social Security, every- bill comes up for consideration that we dig-and-drill bill that is not changing body talks about what will the balance will have a good bipartisan vote in anything very much. It is just trying be in the account 30 years from now or favor of it. to produce more of that which we have 50 years from now. When we talk about Mr. President, I yield the floor. I see been using. This legislation enhances energy, nobody is thinking ahead. there are other Senators wishing to production of oil, natural gas, and coal That is the point of the bill that has speak. in an environmentally acceptable way. been introduced today. I am proud to The PRESIDING OFFICER. The Sen- We agree with that proposition. But it be a cosponsor of it. This bill says you ator from Louisiana. is also the case that we believe much have to have balance here and, yes, you Ms. LANDRIEU. Mr. President, I ask more needs to be done. have to produce more. But if that is all unanimous consent to speak as in I wonder if the Senator from New you do, is produce more natural gas, morning business for 15 minutes. Mexico would describe again the com- oil, and coal, then you are consigned to The PRESIDING OFFICER (Mrs. ponents, other than enhanced produc- a policy that I call yesterday-forever. CARNAHAN). Without objection, it is so tion, which we have in this comprehen- Yesterday-forever as an energy policy ordered. sive plan—the components of conserva- for this country is shortsighted and Ms. LANDRIEU. Madam President, tion, efficiency, and renewable energy, foolish. The legislation being intro- before the Senator from New Mexico which I think are so important to a duced today under the leadership of the leaves the floor, I wish to thank him balanced energy plan. I wonder if the chairman of the committee is bal- for his leadership on the issue of en- Senator from New Mexico would espe- anced. It includes production, yes, but ergy policy for this Nation and thank cially talk about conservation because significant conservation. Conserving a him for the way he has worked with me I think that is a significant portion of barrel of oil is the same as producing a and Senator BREAUX representing Lou- any energy policy that would work in barrel of oil, along with significant ef- isiana, which is a producing State but the long term for this country. ficiencies and significant new emphasis also a State that is very interested in Mr. BINGAMAN. Well, I am glad to on limitless energy and renewable en- alternative energy sources, particu- briefly describe again the main things ergy. larly from agricultural products, which we are trying to do in the conservation I drove a car on the grounds of this we think holds a lot of promise. area and increased efficiency area. We Capitol Building that was run by a fuel Many of our universities are engaged are trying to increase efficiency in all cell. There are new technologies, new in alternative fuel developments, as aspects of how we use energy—in appli- approaches, new kinds of fuel that are well as environmental cleanup. I thank ances, residential construction, com- limitless and renewable year after year the Senator particularly for his will- mercial construction, and increased ef- that we also ought to embrace. Federal ingness to put in this bill significant ficiency with the Federal Government policy ought to be the lead in embrac- authorization for the first time for $450 and State governments and schools, ing that as a matter of public interest million for the seven producing States, school buses, automobiles, and SUVs, in this country. much of that production being off our and the whole range of places where we So let me again say to the Senator coastline. Because of current law, use energy in our society, in our econ- from New Mexico, it has been more which has been in place for many omy. We are trying to say we can be than a decade since we have had a com- years, as the Senator knows, Louisiana much more efficient in the use of en- prehensive policy change in energy in and other coastal States have been ergy we produce. There is a great op- this country, one that is thoughtful shortchanged because of the impacts portunity there. and balanced and really provides ini- that affect our States. When the President came out with tiative to move us in the direction that We will be able to use this money to his energy plan, and the Vice President would be productive for this country. I help restore our wetlands which we are came out with his plan, it had one sta- think the Senator has provided leader- losing at an alarming rate. It will help

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12432 CONGRESSIONAL RECORD — SENATE December 5, 2001 us to provide the critical investments My husband and I do not have to at- enterprises that can boast of a 78-per- to protect our infrastructure—our pipe- tend any of these events necessarily be- cent increase. We are proud of our lines and other facilities—that not cause we live with this joy every day. work at the Federal level working with only helps Louisiana but supports the Our two children are adopted. They are our State governments and, in many whole Nation, which the Senator from now 4 and 9 years old. It has been the instances, faith-based organizations New Mexico mentioned. greatest joy of our life. I know the spe- and nonprofits promoting adoption. I thank the Senator on behalf of all cific stories of hundreds of families. I Second, because of the work this Sen- the people of Louisiana and many peo- have held these children in my arms. I ate did, we passed the first inter- ple in the coastal parts of our Nation have read to them. I have played with national treaty on adoption last year for his insight and leadership in includ- them. I have seen them in so many dif- called the Hague Treaty, which is now ing that provisions. ferent settings and at so many dif- being ratified and signed by many na- I wanted to go on record this after- ferent ages and in many different phys- tions in the world. I specifically thank noon about this bill and to thank the ical, emotional, and mental health Senators HELMS and BIDEN for their ex- Senator from New Mexico. There are a states; some very healthy, other chil- traordinary leadership. number of other good provisions in this dren with great challenges that God While many of the children who are bill. has given them who now have loving adopted in the United States are born Mr. BINGAMAN. Madam President, parents and the great opportunities in the United States and then come to may I respond briefly to the com- these children now have in homes families through a domestic system, a ments? The Senator from Louisiana where they can be provided and cared growing number of children are coming has been a tireless and very effective for. into this country from other countries, advocate for her State and for coastal We do not have to go far to these such as China, Russia, countries in regions generally in this regard. events, but I never tire speaking about South America, and countries in the There are substantial impacts that it with our colleagues and sharing the Mideast. oil and gas development in particular importance of it and how proud we are As this treaty is adopted and em- have had on those regions. We have of our success. We recommit our efforts braced by many countries, we are hop- tried in this legislation to include a in the month of November to make the ing the world—some developed nations, provision at her urging that will help way easier, to reduce the barriers that some underdeveloped nations, some na- provide resources to deal with those still exist, to recommit our energies to tions that are Christian in their out- impacts. I think it is good legislation. the fact that it should be a God-given look, some that have other religious It will be good public policy. leanings—say with one voice: We be- I thank her for her many other con- right, I believe, and one that we should lieve the world community has a re- tributions to this legislation as well. support for every child to have a fam- sponsibility to see that every child in She is a very valued member of our ily. committee and has made great con- God did not create human beings to this world has a home. We wish that tributions to various provisions in the raise themselves. It just is not possible every child could stay with the parent bill since the beginning of consider- to do that. Every human being needs to to which they were born. That is our ation of it. I thank her very much. be raised by another human being in a greatest hope. We wish we could fix Ms. LANDRIEU. I thank the Senator. very loving and nurturing way. every problem that a family has so For many years, unfortunately, we NATIONAL ADOPTION MONTH those children can be raised in that Ms. LANDRIEU. Madam President, I have had this idea that governments home into which they were born. want to speak to the Senate for a few can raise children. Governments can- There are terrible circumstances. minutes on a different subject, but one not raise children; families raise chil- There is alcoholism, drug addiction. that is equally important and deserves dren. Or that some children are dam- There is abuse and neglect and mental our attention and focus. aged goods and they can just raise illness and war and famine that sepa- I had hoped to get to the Chamber themselves. No child is damaged goods. rate children from their birth parents. last week when it was actually Novem- Or that children in some way can wake So we cannot leave those children. We ber to speak about this subject because themselves up in the morning even at cannot say to them: Raise yourself. We November is National Adoption Month. 3, 4, 5 years old, get themselves have to have international laws in I want to spend a few minutes talking dressed, get themselves off to school, place and policies in place that help to about what that means to us as a na- feed themselves, care for themselves, heal that, to give those children, if tion and what adoption has meant and protect themselves. It does not happen they cannot stay with their own par- continues to mean and will mean in the without a nurturing adult. ent, to be able to have some kind of future to so many of our families in the Our idea is to talk about the fact family to call their own. United States and around the world. that every child deserves a family on I cannot imagine living without hav- I also want to talk about all the which they can count, a family with at ing a mother or a father, someone to great successes and celebrations for us least one loving adult, if not two, who pick up the phone, even at my age, at to be proud in a bipartisan way. This will love them, nurture them, protect any age, to be able to not have some- truly has been one of the issues on them, raise them, and give them the one you can rely on to give you a ref- which there is unanimous consent and opportunities to which they are enti- erence point and stability in your life. a truly deep commitment on the part tled. We recognize that while we have a Without this Hague treaty we passed, of both the Democratic Party and the lot of successes, we have a long way to there are millions and millions of chil- Republican Party. go. dren who will never find a home. Our I want to spend a few minutes, even Let me share just a few successes. great hope is this treaty will be imple- though it is December 5, because the Last year, in 2000, nearly 50,000 chil- mented with all haste. The State De- schedule was so hectic in the last week, dren were adopted out of foster care, a partment is, unfortunately, quite busy talking about what National Adoption record number. That success is built with the war effort now, but as soon as Month means. squarely on the shoulders of what it can give its attention, Secretary Since 1993—so it has been almost 10 President Clinton and Vice President Powell has assured me he is going to years—by Presidential proclamation, Gore, and now what President Bush provide the resources necessary to the the 30 days in November have been de- and Vice President CHENEY, have com- State Department to get this new sys- clared to be a special recognition of mitted, which is to help invest re- tem set up. I think it would be wel- National Adoption Month. During this sources and help write policies and comed around the world. month, communities, States, and local laws that promote adoption in this Na- The third success we have had, and governments, not-for-profit organization. on which we continue to work, is an tions and adoptive families come to- This represents a 78-percent increase adoption tax credit. If we can give tax gether from the east coast, the west over 1996. There are not many pro- credits to some major corporations in coast, the north, and the south to spon- grams run by the Federal Government, this world worth millions and hundreds sor activities and events to help raise the State governments, or, for that of millions of dollars, we can most cer- the awareness of the joys of adoption. matter, private-sector initiatives or tainly provide tax credits to families

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12433 who are not wealthy, who live pay- proud of it. It is one of the finest sta- this area, as well as my colleague from check to paycheck, whose paychecks diums in America. Eighty-five thou- Virginia. might be small but their hearts are sand people can fit into this stadium, If we can find a family for Cheyenne large, who have loving homes and they and there is going to be a record crowd so she has somebody to count on and want to take a child in. for that event. There will probably depend on, that is what this is all It is very expensive to raise a child. even be a few people standing in the about. So the $10,000 tax credit we can give by aisles. One of the things we are working doubling the current tax credit and The only thing that would make it on—and, again, there are 160 members making it permanent will say the Gov- better is if the Saints were playing in of our coalition on adoption; that num- ernment believes if a private citizen or the playoffs and the championship. ber is growing—one of the projects we a family takes a child in through adop- Maybe that will happen. Anyway, this hope to have funded this year is an ex- tion, they are entitled to have some of event is going to take place. When it tension of what we call Faces of Adop- those expenses written off and we does, I want people to hear this mes- tion. It is an Internet site. Anyone can thank them for the contribution they sage and my colleagues to think about log on the Internet at www.adopt.org. are making to that child’s life and we the fact there are more children wait- This site is funded by the Government thank them as taxpayers because the ing to be adopted in the United States in partnership with all of our State taxpayers have to pick up the tab for than could fit in every seat in the agencies, with a nonprofit organization the raising of that child at higher rates Dome Stadium, in the aisles, and out of Philadelphia, the National Adop- of reimbursement, sometimes as much crowding around the concessions. tion Foundation, which has been sort as $100 a day for emergency placement So when my colleagues see that pan- of the lead nonprofit. I thank the or extraordinary fees paid through gov- oramic, beautiful view of the Dome President for putting money in his ernment agencies. So we are saving Stadium, I want them to think about budget so by the year 2005, if we fund ourselves money. the fact that in every seat there could it, we will have pictures and informa- The Senator from Texas, Mr. GRAMM, be a child saying: All I want is a moth- tion about every child waiting, like was wonderful when he spoke about er or a father or a family to call my Cheyenne, like the twins, like the this. When I said the scoring mecha- own. I am alone in the world. I need other children, some of whom are per- nism made us say this tax credit would someone to help me. fectly healthy, some of whom have cost the taxpayers money, he and I en- I want to show some pictures and tell challenges. There is not one who would tered into a colloquy and we rejected some stories of two of these 130,000 not be wanted by some family in this that notion, although technically we children. This is Joshua and Tiffany. country. were not successful in that, by saying They are twins. They are fraternal I am very excited about new tech- for every dollar we give out in a tax twins. They are 5 years old. They are nologies that can help connect these credit, it probably saves $10 to the tax- beautiful children. They were born pre- children to families. We say there are payer because these children come off mature, as many millions of children no unwanted children, there are just the public roll, come into the loving are born premature, some extremely unfound families. We should thank the arms of a family willing to spend the so. They have some developmental Lord for the new technologies that en- time and basically put sweat equity delays, but they are generally healthy able us to tell these children’s stories into the raising of this child, and we children. Their favorite cartoons are to families and to say that while every- are forever grateful. Our tax credit is Barney and Teletubbies. I understand body thinks they want to adopt an in- passed and we now need to make it 5-year-olds. I have Mary Shannon who fant, and it is wonderful to adopt in- work for foster care children. watches not too much television but fants—and we did that in our situa- Additionally, the Presidential can- enough to know who Barney and tion—there are children of every age, didates in this last election, I think for Teletubbies are. every race, every background who the first time—in my lifetime for pret- They say in their bio their favorite could fit beautifully into a family. ty certain, and maybe in the history of snacks are cookies and they love ice I want to share one of the other great the country—made adoption a central cream, but what they really want is a successes with my colleagues. It is component of their Presidential plat- mother and a father to adopt them. called Angels in Adoption. So many in form. So this issue is gaining in They are available for adoption. They the Senate, and I think so many of the strength and is becoming part of the would love a family. These children are people in my State and around the Na- American psyche and conscience, and born healthy and they would be two of tion, are angels because they do help to we are very grateful for that success. the children sitting in those seats in find homes for children and take chil- Secondly, while we are very excited the Dome Stadium. I hope somebody dren into their homes. We call them and passionate about these successes, will want to take them in. The govern- angels. I don’t know if the camera can we also have a great challenge ahead of ment has to do a better job of con- show my angel pin was designed by an us. There are still today 570,000 chil- necting these children to the waiting artist in Louisiana, Mignon Faget. We dren in foster care in the Nation, more families who are out there, and I think give this pin to the Members of Con- than half a million children. These are we are on the track to do that. gress and to our award winners in our children who have been taken away Let me show another picture. This is States. I will talk about Angels in from their birth parents for many good a precious little girl, as are these two. Adoption. reasons. Hopefully, many of them will Her name is Cheyenne. She is from We were scheduled to do this event return to their birth parents in an at- Louisiana. Cheyenne is 6 years old. She on September 11. It was planned a year mosphere of safety and security, but was born in 1995. She is bright and ahead of time. We had thousands of the parental rights of some of these charming. She wants to be part of a people in Washington that night for children must be terminated because family. She has beautiful blue eyes. this event. We were going to present they are at risk, their life is at risk, They say in her bio she is a little shy, these awards to these people. I see my unfortunately. There are about 130,000 but if I did not have parents, I might be colleague from Idaho; he was going to of these children of all ages and shapes a little shy, too, because it is your be cohosting the event on September 11 and sizes and colors who are waiting to mother and your father who help you with me. Of course, we know what hap- be adopted today. to learn how to communicate, learn pened on September 11. I spend just a I want to share in a couple of weeks how to talk to people. moment to say what would have been from now that we are going to host a She enjoys active sports. She does said that day, but events prevented major national event in New Orleans. not have a family. So if we could be a going forward with the event. We are pleased to host this event. We little more enthusiastic and committed For the record, let me cite some of are excited about hosting it. I am going to helping in terms of all the things we the people who would have received the to be there, along with my senior Sen- are doing, we can help Cheyenne find a angels award. The idea is for every ator from Louisiana, at the Super family perhaps in Louisiana. Member of Congress to find one person Bowl. We are going to be in a stadium. I see my colleague from Arkansas in their district—it could be a parent It is called the Dome Stadium. We are who has done some beautiful work in who adopted a child; it could be a judge

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12434 CONGRESSIONAL RECORD — SENATE December 5, 2001 who works overtime and gets into the over 459 children out of the Louisiana ing to help those who, for many rea- office early or stays late or takes a foster care system into homes in Lou- sons, are less fortunate than ourselves. couple of cases extra to help make sure isiana. Some of them were placed out I commend the distinguished colleague that child gets the home they deserve; of State. from Louisiana. it could be a local attorney who does it If every government worker did the Madam President, I would like to ad- pro bono but really believes in adop- job that Kaaren did—just 85 percent of dress the Senate briefly on the question so he or she gives their time; it her work, not 100 percent—I would esti- tion of the agriculture bill. The distin- could be a church that has taken this mate there wouldn’t be any children guished Senator from Indiana is man- as a special mission in their commu- waiting in this country, if everyone aging this bill from our side. He and I nity. The Members of Congress give out were as conscientious and as gung ho have been discussing an issue with re- these awards I cite for the record. and as wonderful as Kaaren. She most gard to the peanut section of the bill. My award would have been given to certainly deserved an award, and she Throughout my career here in the Volunteers of America in north Lou- got it, although not publicly because of Senate, I have worked with those Sen- isiana, a nonprofit that has placed 2,500 what happened that day. ators from the areas in which peanuts children in homes in Louisiana and ac- I wanted to share a few of the angel have been grown and hopefully will tually some in Arkansas and in our stories. But there are remarkable sto- grow in the years to come. We have al- surrounding region. The reason I de- ries from every place in the Nation. We ways been able to reach a meeting of cided to give my award to the volun- hope the press will write about the sto- the minds to try to provide, not a tre- teers was that their board created a ries so it will encourage other people to mendous profit, but a reasonable profit video which I saw. I was very moved. It join in and help. for the arduous work of growing pea- was a story of a birth mother and fa- Finally, several Saturdays ago was nuts. ther, a young couple who just were not National Adoption Day. On that day, In my lifetime I had the opportunity quite ready, didn’t have the resources 1,000 adoptions were finalized in cap- to own and operate several farms. In or the maturity to raise a child. They itals all across the Nation because the many years we had a small peanut made a courageous, selfless, and loving judges and family courts have decided patch. It is not easy to grow those pea- decision to give their child to a family to come together and try to promote nuts. It requires a lot of manual labor. who was desperately wanting a child, adoption on one day. There is a constant battle with disease. to provide a home. That video was so Finally, I end by thanking my col- Now we see a bill before the Senate, in- leagues for their work, acknowledging moving and would be such a good ex- deed one was before the House, which my wonderful partner, LARRY CRAIG, a ample for so many young people to see, fractures the coalition of States that Senator from Idaho, as we cochair the I thought they should be given an for so many years have joined together adoption caucus in the Senate, and I award so we could distribute that video to ensure that our respective peanut thank the Senator from Arkansas, the to communities around the country. growers have a fair share, an oppor- Senator from Virginia, and the Senator Second, Representative JIM MCCRERY tunity to have the benefits provided by from Indiana for their good work and from Louisiana would have given his law for those who toil in the most re- say as we celebrated Thanksgiving last award to Lillie Gallagher who is an spected profession of agriculture. week and as we celebrate Christmas, angel in the outfield in Baton Rouge, Somehow that fracture, in my judg- let us recommit ourselves to the idea LA. She is director of St. Elizabeth’s, a ment, seems to hurt Virginia very se- that these celebrations aren’t really foundation that was created because an verely. Virginia prides itself in growing worth having, if you think about it, if individual—a man—went on a retreat. a specialty peanut. Small family farms you don’t have a family with whom to He believes in prayer. God gave him a in rural areas. I have always enjoyed celebrate. Nothing, to me, would be vision to create an agency. He did it traveling through those areas. You see sadder than to have no place to go on with his own money and his friends. the old silos, the old barns, in many Thanksgiving or Christmas. I guess be- That agency, without government sup- parts of the State the old farm machin- cause I come from such a large and lov- port, has helped place hundreds of chil- ery. But they are very proud of their ing family, the thought of it is so alien operations, whether it is a half acre or dren. Lillie contributes tremendously to me, I cannot quite grasp it. But I as the original founder and director of know there are in this world millions 500 acres—whatever it may be. Often- that agency. So she was presented an of children who not only have no place times, generations pass down to future award. This is just an example. to go on Thanksgiving and Christmas, generations the various plots of ground Senator John Breaux would have pre- but they have no place to go any day. on which these peanuts have been sented his award to Linda Woods, a They put themselves to bed and sleep grown through the years. birth mother and an adoption advocate We recognize that as things have at night by themselves. I hope we will in Louisiana. She has been active on remember them. Think about their pic- changed in this country, more and many boards and commissions. Linda tures, like Cheyenne. Think about so more we try to establish agriculture on is an Angel in Adoption. many of them who just need our people its own two feet, independent from sub- And finally, one of my favorites, al- and every government official in this sidization. We have done our best to though it wasn’t my award, was the Nation, at the Federal, State, and local preserve the ability of these families to award given by the Congressman from level, to do more than we do, including continue to raise peanuts. my State, CHRIS JOHN from Lafayette, myself. I recommit myself to do this Virginia, again, grows a specialty to Kaaren Hebert. I want to talk a work even harder during this next peanut. There is not a Member of this minute about Kaaren because she is an year. Chamber who has not at sometime en- angel whom I hope others emulate. I thank my colleagues for their work joyed that rather large peanut. It is Kaaren is a young woman. She works in this area and I yield the remainder anywhere from about three-eights an for the State of Louisiana. She is a of my time. inch up to a little bigger than a half- government employee. She is fabulous. The PRESIDING OFFICER. The Sen- inch. It is quite white after it is finally She worked in a small parish in Lou- ator from Virginia. processed for consumption. isiana and was so recognized for her Mr. WARNER. Madam President, I By and large, the specialty peanut is work that she was awarded and given a wish to commend my distinguished col- served in dishes and bowls where it can promotion to be a regional director. So league from Louisiana. I have been be seen. It is such an excellent peanut. she moved up to be the regional direc- privileged to serve here many years in But it is costly to grow this peanut. It tor in Lafayette, which is in south the Senate. In the 23 years I have been has such extraordinary quality it real- Louisiana. It is a beautiful city. About here I do not know of a single Senator ly is not economical, in many ways, for 250,000 to 350,000 people live in the re- who has ever taken the depth of inter- them to break it up and put it into gion. Kaaren, under her leadership, had est and time and commitment to this candy and cover it with chocolate. in 1997 35 adoptions in that region. In ever growing, important subject in our Very little goes into peanut butter. Be- 1998, there were 43 completed adop- land. cause of the quality and flavor, and in- tions. In 1999, there were 66 completed. This is not politics. This is not par- deed the visual aspects of this peanut Under her leadership, she has placed tisanship. This is plainly, simply try- are so wonderful that it is served on

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12435 the family table, particularly at festive volved herself with the issue of adop- Program; the WRP, the Wetlands Re- times of the year. At Christmas, I tion, making it more acceptable, more serve Program; the Equip Program; would bet half the tables in America reasonable, and easier to work through and many other proven programs that will have the quality-type peanut in this Nation. She has done a fabulous allow us to take marginal lands out of grown in this segment of our country, job. She has provided leadership and production to use our own resources in primarily Virginia, some in North compassion in this area, and I have our farming operations to be better Carolina, some in the other States. been delighted to work with her, to stewards of the land, and to be more Farmers in Virginia are the ones who learn from her, and to share in the ex- productive in our production. are, in terms of the numbers of farmers periences that she can bring back to us Rural communities across the Nation in it, perhaps the most concentrated in in this body to help us, in this great will see the benefits of a new farm bill. this specialty peanut. This legislation, Nation, improve the laws of the land As we move forward, we need a farm unfortunately, leaves them behind— that can reach out to the smallest of bill that will spur rural development and I think unfairly. That is the prin- our constituents to make their quality and expand broad-band access to our cipal thrust of my comments—fairness. of life just that much better, providing rural communities so they, too, can I want to see that our farmers are a loving home and the support they compete in this global economy, and so treated as fair as the other peanut need. our producers can access the very Gov- farmers, and that they get a fair return I wanted to compliment her on her ernment programs that we want to pro- for this particular peanut. work and encourage her as she has re- vide them. These rural areas are suffering from dedicated herself today. I, too, rededi- As we have tried to minimize Govern- a loss of jobs. Young people are moving cate myself to the issue of adoption ment in bringing it down and making on to other areas of our State and else- and working with our States and fami- it more efficient, we are dependent on where seeking jobs. If we do not correct lies across this Nation and other legis- technology. Yet many of our rural this inequity with regard to the pro- lators to improve the approach this communities can’t access the very duction of these specialty peanuts in government takes on adoption, and to technologies we are expecting them to Virginia, these rural areas are going to making it a much easier, simpler and use for the programs that the Govern- suffer an economic loss, one that on encouraging process. ment provides their producers. the horizon we do not see a recovery to Madam President, I rise today to add We need to increase funding to land- provide the jobs that will be lost in my voice to those in support of this grant colleges. And we desperately this peanut industry if this bill is year’s farm bill, and to encourage my need to improve nutrition and food aid passed as it now stands goes through. colleagues to join me in bringing this programs, energy conservation pro- The particular farm bill on which bill to the floor as quickly as we can. grams, and forestry initiatives. farmers all across our country are op- For the last 5 years, our farmers have We need a comprehensive package for erating today does not expire until worked to make ends meet under in- our farm economy and for rural Amer- next September. Yet, for some reason, credibly difficult circumstances. As ica. We have produced a good, solid, those who drew up this peanut provi- prices for equipment, fertilizer, energy comprehensive package out of the Sen- sion said once the Presidential signa- costs, and other inputs have sky- ate Agriculture Committee. ture is affixed to this piece of legisla- rocketed, the returns have plummeted. This past year, I begged my Senate tion and it becomes the law of the land, Every year they have harvested their colleagues to focus on our desperate the programs under which our peanut crops without knowing if they will be need for new agriculture policy in this farmers have operated since the 1930s able to afford to plant another crop in country. are gone. And such support as they re- the next growing season. ceive, really what we call the no-net- When I was in the House of Rep- This past year, I have also urged my cost-to-the-Federal-taxpayer-program, resentatives, I opposed the 1996 Free- colleagues on the Senate Agriculture is gone. dom to Farm bill because it did not Committee to work hard together to At a minimum, it would seem you provide adequate support for our farm- deliver a new farm bill this year— would allow the peanut farmers in Vir- ers. It provided flexibility, and it pro- something on which producers can de- ginia and elsewhere to finish out this vided policy—but policy that was depend, something with which they can growing cycle, a cycle that started pendent on other areas of government go to the financial institution to ask first with the decision of the various for which we did not have the where- them for the ability to put next year’s farmers not to go for another crop, go withal to provide the support. crop in the ground. to their bank, make their commit- Since that bill passed, farmers in Ar- It is time for us to make that hap- ments for financial resources, and kansas and around the country have pen, and we can. In these few short begin to till the ground and put the been in limbo every year waiting for days that we have left, we can bring necessary fertilizer and other nutrients Congress to pass emergency spending about good, comprehensive, construc- in that soil to raise next year’s crop. bills because the existing farm policy tive agriculture policy that will help Now all of a sudden, bang—the program was absolutely inadequate. The United the producers of this country and that stops. That is not the type of fairness States has the safest, most abundant will allow them to continue to be the our Congress wants to inflict on this and affordable food supply in the entire producers of the safest, most affordable very small number of farmers. world. But if we are going to ensure and abundant food supply in the world. I will urge and continue to work with that safety and abundance, we must in- But it is going to take us coming to- the managers of this bill in hopes that, vest in our farmers and rural commu- gether, working hard, and focusing on at a minimum, we can have such effec- nities, and we must do it immediately. what we need to complete before we tive date of the legislation to enable We desperately need a farm bill to break for the holiday. the farmers to continue this growing provide a dependable safety net that I am proud to stand up today for cycle under the existing farm bill until ensures not only the financial viability American farmers. I am proud to stand it expires next September. of our farmers but also the viability of up before my colleagues and beg them I thank my colleague, the distin- local bankers, merchants, and other to come together and bring about a guished Senator from Virginia, Mr. rural and small town institutions that comprehensive policy that will allow ALLEN, who spoke on this earlier. depend on a safe farm economy. the agricultural producers of my State I yield the floor. We need a farm bill that will improve and other States across this country COMMENDING SENATOR LANDRIEU and stabilize farm income by con- once again to go back to doing what The PRESIDING OFFICER. The Sen- tinuing fixed income payments and they do best; that is, producing that ator from Arkansas. creating a countercyclical income pro- safe and abundant food supply in a way Mrs. LINCOLN. Madam President, tection system. that they can be assured their Govern- before I begin my remarks I would, as We need a farm bill that creates new ment is providing them the safety net the distinguished Senator from Vir- conservation incentives and increases they need to be competitive with other ginia did, compliment my colleague acreage for existing programs, such as farmers, and particularly other govern- from Louisiana who has tirelessly in- the CRP, our Conservation Reserve ments across the globe.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12436 CONGRESSIONAL RECORD — SENATE December 5, 2001 As we look at the export assistance that amount to over $440 million worth been a role model to other countries in numbers across the globe, we can see in flowers. the hemisphere. But Colombia, as well that the European Union is consuming The flower industry is particularly as its neighbors, has faced unusually about 80-plus percent of the export sub- important because it is a very strong stressful and challenging situations sidies worldwide. Our farmers are not job generator. I have been told that, on over the last decade. The Andean Trade competing with other farmers. They average, for every hectare of land that Preference Act has been a source of are competing with other governments, is committed to flower production in stability in a region which has fre- and it is now time for our Government the Andean region, there are between 5 quently been in turmoil. If we are to stand and say we are going to pro- and 10 persons employed to work those steadfast in our war against terrorism, vide the safety net, and we are going to flowers and to bring them into full then we must be concerned with what provide the Government assistance in blossom and ready to be exported not is happening in the Andean region. working with our agricultural pro- only to the United States but increas- Some of the most violent terrorists ducers so they, too, can be competitive. ingly to the world. in the world are in our own hemi- Today, I urge my colleagues to join The United States has also been a sphere. The guerrillas and drug traf- me in supporting a farm policy that significant direct beneficiary in that fickers who are waging war on civil so- works for working farmers—a farm pol- we have substantially increased our ex- ciety in Colombia are some of the most icy that we can conference with the ports to the Andean region. Over the vicious in the world. What many Amer- House and get a good, solid, com- last 8 years, those exports have grown icans fail to recognize is that the larg- prehensive bill to the desk of the Presi- by 65 percent, to a total of $6.3 billion est single source of terrorist attacks dent so we can once again have good, in 1999. against Americans in the world is in solid, agricultural policy on behalf of As one visits the Andean region, they the country of Colombia. the many hard working men and are struck by the prevalence of U.S. In the year 2000, over 40 percent of women on family farms today and products—everything from the yellow the incidents of terrorist attacks across this Nation. diesel equipment, Caterpillar, to tele- against U.S. citizens and U.S. interests Thank you, Madam President. I yield communications equipment made in were in the country of Colombia. Un- the floor. the United States. fortunately, that violence in Colombia The PRESIDING OFFICER. The Sen- Given the clear value this program is spilling over to its neighbors, espe- ator from Florida. has had for the United States and our cially Ecuador. Mr. GRAHAM. Thank you, Madam four neighbors in the Andean region, it I am concerned that we have already President. is a sad commentary that after 10 years taken a step back from our commit- of success we have allowed this pro- EXPIRATION OF ATPA ment which the Congress made just a gram to expire. It also ought to be a Mr. GRAHAM. Madam President, I year ago through Plan Colombia, a strong motivation for us to say we am here this evening with a tinge of commitment that was to galvanize the shall not conclude this session of Con- sadness. At midnight last night, one of international community with Colom- gress without extending this program the most important and successful ef- bia in a major effort at rolling back and expanding the program so that it forts in the United States to build bet- drug trafficking, guerrillas, and ter- will yield even greater benefits to the ter relations with our neighbors in rorism. One year later, we in the Sen- United States and to our Andean Latin America expired. After 10 years ate, by a 22-percent margin, have cut neighbors. the funding for the Andean Regional of successful service to the United I filed legislation in the last Congress States and the four countries of the Initiative. and again in this one which has that I hope before we vote on the foreign Andean region—Bolivia, Peru, Ecuador, objective. I am pleased to report that operations conference report the nego- and Colombia—the Andean Trade Pref- the Senate Finance Committee, last tiations between the Senate and the erence Act expired of its own accord week, reported favorably the legisla- House will result in a significant res- last night, and the Congress has not al- tion which will extend and expand the toration of those funds not only be- located the time necessary for its ex- Andean Trade Preference Act. The cause the dollars are needed in order to tension. House of Representatives has already accomplish their important objectives This landmark trade agreement, adopted a similar piece of legislation. I but also because of the symbol that which was passed in 1991, has helped hope in the next few days the Senate those dollars represent in terms of our the United States and these four coun- will do likewise, and we can move commitment to a long-term war tries to develop legitimate, strong, ex- quickly to resolve differences between against terrorism. panding commercial ties, and it has the two Houses and send this legisla- The Senate must act rapidly on this contributed substantially to the goal of tion on to the President to be signed. legislation so the people of this region stabilizing the economies and political I also am very hopeful we will make will have confidence in our reliability systems of these four countries by en- this legislation retroactive to midnight as a neighbor and partner and that couraging a diversification of their of last night so there will not be a hia- they will have incentives to develop le- economies. tus in the benefits which have been gitimate economic alternatives to the To look backwards, in the last full available for a decade. production of drugs and other illicit ac- year before the Andean Trade Pref- Why is all of this important to the tivity. erence Act was passed, the United United States beyond the amount of di- It has been estimated that in Colom- States imported $12.7 billion from these rect economic benefit? It is important bia alone, if we were to be fully suc- four Andean countries, primarily in to the United States because the cessful in our efforts to rid that coun- traditional agricultural commodities United States has a stake in what hap- try of the scourge of drug production such as coffee and bananas. pens in this region of the world—a re- and trafficking, some 400,000 Colom- In the year 2000, the United States gion that is so close to us. bians would be without a livelihood. It imported $28.5 billion from these coun- If we are serious about halting the is important that we be a partner not tries—a 125-percent increase. Much of flow of illegal drugs into the United only in the eradication of drugs but this increase was in new and frequently States, we must be concerned about also in the provision of legitimate, law- nontraditional areas of economic activ- the Andean region because over 80 per- ful employment to replace those 400,000 ity for these four countries. cent of the cocaine that comes into the illicit jobs. To mention one example, the cut- United States, and an increasing pro- I would point to the fact that the leg- flower industry hardly existed in terms portion of the heroin that comes into islation I hope we will soon be consid- of its imports into the United States the United States, comes from this re- ering is not just a replication of that prior to the Andean Trade Preference gion. If we are interested in building which passed in 1991. There have been Act. In 1991, the year before ATPA took strong democratic capitalist institu- significant changes in the political and effect, the United States imported $220 tions, we should be concerned about economic landscape of the Andean re- million in flowers from the four Ande- this region. gion since that initial enactment. an countries. In the year 2000, the Colombia has had one of the longest To mention one of the most signifi- United States had more than doubled democracies in South America. It has cant of those changes was last year’s

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12437 passage by the Congress of the Carib- stance, the country of China is limited with these four neighbors in the Ande- bean Basin Trade Partnership Act of as to the number of shirts and blouses an region. I hope we will get about that 2000. This was important to the Andean and other items it can import. Those business of foundation building as soon region because it changed the competi- numbers are substantially below what as possible. tive playing field between the Andean its capacity to produce is. The PRESIDING OFFICER. The Sen- region and the Caribbean Basin. Because of that, the differential in ator from Indiana. The 2000 legislation—the Caribbean the cost of production between Mexico Mr. LUGAR. Madam President, I ap- Basin Trade Partnership Act—gave to and the Caribbean and the Andean re- preciate very much the words of the the countries of Central America and gion and the Far East has been kept distinguished Senator from Florida. I the Caribbean, which participate in the within tolerable limits. The concern is share his feelings completely. We had Caribbean Basin Initiative, parity with that as soon as that multifiber agree- the privilege in the Foreign Relations the benefits that had earlier been of- ment lapses, which will occur in the Committee of having a meeting with fered to Mexico under the North Amer- year 2005, there will be the potential the President of Bolivia just this morn- ican Free Trade Act. The effect of this that the United States will be swamped ing. President Ramirez is in Wash- has been to change the competitive po- with apparel products from Asia with ington to meet with President Bush to- sition between the Caribbean Basin and which our neighbors in Mexico and the morrow. the Andean Trade Pact. Caribbean and the Andean region can- Obviously, the President of Bolivia, In one of the most critical areas, not compete. an extraordinarily talented person, a which is apparel assembly, today most Therefore, the next few years are great leader in South America, ex- apparel in the Caribbean Basin will critical in our urgency of developing a pressed very considerable anxiety over come into the United States duty-free, more efficient and productive industry the end of the Andean free trade situa- while the Andean region will still be and a partnership between the U.S. tex- tion. Bolivia has taken extraordinary paying, on average, a 14-percent duty tile capability, because virtually all of steps against the drug trade at great for the same assembled items. There those assembled items are assembled cost but with great effectiveness. Our have been fears that that differential— from U.S.-grown fiber and U.S.-spun foreign policy really depends upon the zero from the Caribbean; 14 percent textiles, which are then assembled in support of extraordinary leaders such from the Andean region—could result either Mexico or the Caribbean or the as the President of Bolivia. in as much as 100,000 jobs lost in Co- Andean region. We must make that The words of the Senator from Flor- lombia alone, lesser amounts in the partnership of American textiles and ida are timely, and his leadership on other three Andean trade countries. near-neighbor assembly sufficiently ef- this issue really has been exemplary. I That would go in exactly the oppo- ficient that it can survive in a post-2005 congratulate him and look forward to site direction of what we should be economic environment. working with him. doing in terms of encouraging more le- We need to start that process as rap- I suggest the absence of a quorum. gitimate jobs in the region as an alter- idly as possible in all areas. We have The PRESIDING OFFICER. The native to the licit jobs in the drug already done it with Mexico and the clerk will call the roll. trade. We are seeing the effects of that Caribbean. Now we must turn our at- The assistant legislative clerk pro- 14-percent differential. In May and Au- tention to the Andean region. ceeded to call the roll. gust of this year, imports of apparel One final point: Our office is receiv- Mrs. CLINTON. Mr. President, I ask from Andean trade countries declined 6 ing calls from a wide variety of busi- unanimous consent that the order for percent over the same period just a nesses, both in the United States and the quorum call be rescinded. year ago. Through that same period, in Latin America, complaining that The PRESIDING OFFICER. Without imports from the CBI countries have they will be subject to increased duties objection, it is so ordered. increased over $47 million. We are al- starting today, December 5. Many of HEALTH CARE AND NEW YORK DISASTER NEEDS ready beginning to see some relocation these companies deal with perishable Mrs. CLINTON. Mr. President, I ap- of industrial activity out of the Andean goods, including cut flowers and vege- preciate the opportunity and thank the region into the Caribbean. tables, that cannot be held for days or distinguished ranking member on the I was the sponsor of the Caribbean weeks while Congress deliberates. Agriculture Committee for the chance Basin legislation in 2000 and have long I would like to make it clear again to come to the floor and speak about a been a supporter of our relations with that it is my intention and hope to matter of great concern and urgency to that region of the world. We must not work to assure that the current ATPA my State. I also commend the Senator continue to help one region at the ex- benefits will be retroactive from the from Indiana and the chairman of the pense of the other. We must have a date of enactment of any legislation to Agriculture Committee for their very trade, economic, and foreign policy midnight of last night. That would hard and diligent work on the bill we perspective that treats all of our neigh- mean that any duties collected in the are considering. bors with respect and equality. coming days by the Customs Service I turn our attention, as I have on nu- I would like to point out that there is would be refundable. merous occasions over the past weeks, not only a past and a future in the We recognize that the confusion and to the situation in the State of New United States relationship with the inconvenience this situation will cre- York following the attacks on Sep- Andean trade region, but there is also ate will result in some dislocations and tember 11 and the extraordinary dam- going to be a past, a present, and a fu- some abrasions between our country age inflicted on the infrastructure, on ture. That future is that it is critical and these four good neighbors. I wish it the economy, and most especially on that we prepare for the year 2005. could have been avoided. What we can the lives of New Yorkers. What is the significance of the year do today is commit that we will make I commend Senator BYRD and the Ap- 2005? The significance is that in the this period as short as possible and we propriations Committee for the ex- major area of job creation and pro- will make it as painless as possible to traordinary job they have done in motion that we can influence in this all involved. marking up the fiscal year 2002 Defense region, which is primarily in the ap- The old cliche is ‘‘trade, not aid.’’ appropriations bill which addresses not parel assembly area, we are going to That is not a cliche but a truth that only the pressing national security and lose the protections we have had over has worked in the Andean region to our defense needs of our Nation but also the recent past. benefit and to the benefit of our four marks a significant step forward in ad- A little background: For much of the neighboring countries. The United dressing our homeland defense needs, past several decades, there has been an States has been a powerful beacon for as well as the specific needs related to international agreement called the open markets and strong free trade and the cleanup, rebuilding, and revitaliza- multifiber agreement. That agreement a capitalist economic system as a fun- tion of the city of New York. has restricted the number of specific damental foundation under democ- Just days after the horrific attack on apparel items which any individual racies. Now it is our challenge to re- September 11, just over 12 weeks ago, country can ship into the United build that foundation in a deeper and President Bush told a joint session of States. Under that agreement, for in- expanded form for our relationship Congress: We will rebuild New York

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12438 CONGRESSIONAL RECORD — SENATE December 5, 2001 City. The President’s Budget Director to see people’s insurance cards and insurance. The proposal would cover 75 weeks later said: The President’s sending them to a line to get their ap- percent of the cost of COBRA, making pledge of $20 billion is an absolute plications filled out. it affordable for far more unemployed guarantee, and it is likely to be more. They incurred security expenses. families. This would mean we would We have collected quotations from They depleted stockpiles of emergency see that approximately 457,000 tem- other leaders. It is very gratifying to supplies, pharmaceuticals, and blood. porary unemployed workers and their me that Senator BYRD and the Appro- They provided disaster counseling serv- families would be covered. Currently priations Committee have moved for- ices as well as emergency food, hous- the COBRA premiums, which average ward to fulfill the promises and coming, and transportation. They also in- over $7,700 for families in New York, mitments made to the people of New curred expenses on emergency tele- are unaffordable without some addi- York. I personally thank and commend communications and backup genera- tional help. Senator BYRD for balancing the needs tors. When they ran out, they had to But we also know that many workers of our country with the need to be pre- purchase and rent equipment. They had in small businesses are not COBRA eli- pared in the face of terrorism, to re- to set up an emergency morgue. They gible. In New York, 25 percent of work- build the financial capital of the world, incurred so many extraordinary costs, ers are employed by small businesses New York City, and to be fiscally re- and it is in part to alleviate some of not covered by COBRA. The stimulus sponsible—understanding if we don’t those costs that we have a special pro- proposal addresses that gap by offering get our economy going, if we don’t provision in the appropriations for hos- health coverage through a temporary ceed, it will cost more later. I also pital costs that were incurred during State Medicaid option with an en- thank the Appropriations Committee this disaster. hanced match to encourage States to staff, especially Terry Sauvain and But the disaster has had a dev- provide the coverage. Chuck Kieffer and Paul Carliner on astating impact, not only on providers We will see not only an effect on indi- Senator MIKULSKI’s staff who have but on health coverage as well. One of viduals and their families but also on given my staff and myself so much as- the most unfortunate consequences of State budgets. States expect to see an sistance in the weeks since September the disaster, combined with the eco- additional 4 million individuals added 11. nomic downturn, has been the impact to their Medicaid rolls. The number of The bill reported out of committee is on workers. Many workers in New York children on Medicaid could rise as just the first step. As we go to the City saw their jobs just vanish in the much as 11.3 percent. floor, which could be as early as tomor- rubble of the collapsed towers. Thou- Here you see on this chart the steady row, I hope my colleagues understand sands more throughout the city and growth in Medicaid enrollments as un- and appreciate we are fighting a war on State lost their jobs because of the employment rates grow. At a time two fronts. We have to fully fund the aftershocks of the disaster. Then it when States are already reeling from important defense needs of our Nation, spread out around our country. reduced revenues, many of our States and we have to fully fund, beginning The unemployment rate nationally will not have the resources to meet with the Appropriations recommenda- has gone up half of 1 percent—faster in this increased need. We already have tions, the homeland security needs and 1 month than at any point in the last heard troubling stories from our New York City’s needs. 20 years. In New York City, of course, States. Tennessee is proposing to I will speak today particularly about the problem is exacerbated. In the span eliminate coverage for 180,000 Medicaid the health care needs of New Yorkers of 1 month, unemployment rose 1.3 per- beneficiaries. Washington is consid- and Americans in the aftermath of this cent, more than twice the national ering cuts of 10 percent to 15 percent. disaster. The essential services that rate. California is talking about budget cuts hospitals and health care workers pro- This is a picture of a recent job fair. of up to $1 billion in Medicaid. Florida vided throughout the World Trade Cen- Here you see people scrambling for may eliminate coverage of adults with ter disaster demonstrate how much we their livelihoods, for their families’ catastrophic health care costs. And In- depend upon our health care system all economic survival, but with limited op- diana has appropriated $140 million less the time, but particularly in a time of portunities in a recessionary economy. than is projected will be needed for need. New York’s hospitals and hos- The headline from the San Antonio Medicaid in that State alone. pital workers pitched in heroically dur- Express News, October 18: So just when we have unemployment ing the emergency, not only on the day New York job fair sends thousands away; going up, revenues going down, many of September 11 but on the days and Arena isn’t big enough for crowd. more people being thrown into the weeks following. They worked around The New York Department of Labor ranks of the unemployed, unable to the clock. They operated on backup has estimated that 250,000 New Yorkers keep their insurance, when we have 2.6 power systems, without phones and will be out of work by year’s end. million more children having to rely other utilities. Health care workers Based on what we know about the rates on this safety net program, the States jeopardized their own lives to be at of health insurance among the jobless, are in an impossible position, and it is their stations. Hospital personnel pro- the majority will lose their health in- a vicious circle because if they cannot vided supportive services to commu- surance. provide at least some Medicaid fund- nity members and hospitals that were While some may be able to rely on ing, many hospitals will be forced to right there at ground zero. St. Vin- Medicaid, estimates show that 100,000 provide services the best they can, in- cent’s and NYU Downtown not only of these displaced workers will end up creasing their costs which will not be cared for the injured but provided uninsured. This is true across the coun- reimbursed. And we are into that vi- meals for rescue workers, took meals try. We know that more than two out cious cycle where uncompensated costs to elderly residents who were trapped of five Americans who lose their jobs create downward pressures on institu- in their apartments. They served as the lose health care as well. That inflicts a tions such as hospitals that have to cut backbone of the care and support sys- double blow. It is my hope that in the services even for the insured and have tem we relied on during this crisis coming days we can address some of to turn away the uninsured. while suffering their own structural these pressing economic and health Many States are going to be in that damage. NYU, for example, lost its care needs, not only for New Yorkers difficult position. I hope we are going data center, and therefore its billing but for all Americans, first through to provide at least some temporary capacity. In effect, that was a fitting supplemental appropriations, then support through increased matching metaphor for how these hospitals oper- through the stimulus package. funds to help Governors be able to deal ated: According to their mission, not The proposed Senate economic stim- with the increasing health care costs. their bottom line. They did not be- ulus package reported to the Senate I know in the State of New York we grudge the costs of clearing hospital floor would provide additional help for came up with a quite creative approach beds. They did not count the costs of displaced workers who are eligible for by creating something called the Dis- bringing staff in on highest alert on COBRA continuation but cannot afford aster Relief Medicaid Program. It cut overtime pay. They did not stand at to use up over half of their unemploy- through all the bureaucratic redtape, the door of the emergency room asking ment check each month just for health cut the application process which

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12439 many of us have been complaining UNANIMOUS CONSENT it this week. He will certainly have about for years—cut it down to one AGREEMENT more to say about this tomorrow. But page, allowed many needy people to Mr. REID. Mr. President, I ask unan- this is something we have to do. People skip over all those bureaucratic hur- imous consent that at 12 noon, Thurs- who serve in the Senate want to be out dles to be able to be eligible for Med- day, December 6, the motion to proceed of here by a week from Friday, and we icaid. It has been a lifesaver for a lot of to S. 1731, the farm bill, be agreed to have to finish this bill so it can be our New York families. and the motion to reconsider be laid on taken to conference over the weekend We will not be able to continue that the table; that the Senate then proceed and the conference report brought back without some additional help. I think, to the consideration of Calendar No. prior to next Friday. I hope everyone actually, this program is a very good 254, H.R. 3338, the Department of De- will understand that. As he said—I am speaking for the model we ought to look at in the future fense appropriations bill, provided, fur- majority leader—we may have to work when we try to think of some perma- ther that no amendments be in order to through the weekend. But if people nent ways to provide more Medicaid as- S. 1731 prior to Tuesday, December 11. have any hope of getting out of here by sistance. But certainly this stream- The PRESIDING OFFICER. Is there next Friday, they are going to have to lined post-crisis process really did a objection? really work with us and move this leg- tremendous job filling a breach that Without objection, it is so ordered. islation. would have otherwise caused a tremen- Mr. REID. Mr. President, the two dous amount of backlog and uninsured managers of the bill, Senators HARKIN f people not being given the health care and LUGAR, are two of the prizes we EXECUTIVE SESSION they deserve to have. have in the Senate. The debate has been very civil, and they really look Yesterday, Congressman PETER KING EXECUTIVE CALENDAR from New York, along with some House forward to going back to this bill. De- colleagues, introduced legislation on bate on the bill should be one of the Mr. REID. Mr. President, I ask unan- the House side to hold States harmless better debates we have had this year. I imous consent that the Senate proceed if they were slated for what is called an hope everyone who has concerns will to executive session to consider the fol- FMAP decrease—in other words, the get their amendments ready so we can lowing nomination: Calendar No. 532; match they get from the Federal Gov- finish this bill before the end of the that the nomination be confirmed, the ernment—and provide an additional year. motion to reconsider be laid upon the Mr. HARKIN. Mr. President, if the two point increase to all States, with table, any statements thereon be print- Senator will yield, I thank the Senator an additional 2.5 percent available to ed in the RECORD, and the President be for working out this agreement and for States with unemployment rates high- immediately notified of the Senate’s getting us to cloture on this bill so we er than the average across States na- action. can proceed to the farm bill. The PRESIDING OFFICER. Without tionwide. As my good friend from Nevada objection, it is so ordered. I think this is a good short-term so- knows, people in rural America need The nomination was considered and lution. It is also a good stimulus, if you this bill. They need it now. confirmed as follows: can get money into the hands of people The Presiding Officer also knows EXECUTIVE OFFICE OF THE PRESIDENT who need to spend it, as people who that his farmers in Georgia, and espe- John P. Walters, of Michigan, to be Direc- have health care needs have to spend cially farmers around the South, are tor of National Drug Control Policy. it. But it is the right thing to do as going to have to go to their banks pret- Mr. LEAHY. Mr. President, all of us well. ty soon after the first of the year to get have a strong desire to confront and I urge my colleagues to support the loans ready for planting their crops. conquer the scourge of drug abuse and kind of cobbled together approach that Their bank is going to say: What are the ways it ravages American lives, es- would give COBRA premium subsidies, you looking at? What are you going to pecially young American lives. The de- would provide an increase in the have next year? They will not know. bate on how best to prevail in this FMAP, at least temporarily, to help Many farmers will be right behind struggle is well under way in commu- out our States that are facing such rev- them in about February and March. nities and at kitchen tables across the enue shortfalls, provide a Medicaid op- They will be going to their banks. nation. The President’s nomination of tion for non-COBRA-eligible workers That is why it is so important to get John Walters to head the Office of Na- which will be not only important for this farm bill finished. As I said earlier tional Drug Control Policy has been our States and for our economy and today, and I say to my good friend the most recent catalyst for this de- our health care system but absolutely from Nevada, right now we are facing bate. essential to so many of the workers over 54 percent less net farm income I voted against Mr. Walters’ nomina- who, since September 11, have been not today than we had in 1995. We can’t af- tion in committee. In light of that, I only out of work but out of health in- ford to wait any longer. We have a good would like to share some of my con- surance as well. bill. It is a balanced bill. We have cerns about Mr. Walters in the hope worked out all of our agreements. that he will take them to heart, and I thank my colleague, the ranking This is a good bill for all Americans. that he will greatly exceed my expecta- member of the Agriculture Committee, It is a good bill for farmers all over tions and the expectations of the other for his indulgence, in being able to ad- this country. It is a good bill for people Senators who voted against him in dress this critical issue that will come who live in our small towns and com- committee. before us sometime in the next few munities. I believe Mr. Walters was the wrong days. I appreciate greatly the attention I want to personally thank my good choice for this job, and that his sharply that can be paid to making sure we friend from Nevada, the assistant ma- partisan approach to drug policy issues provide the kind of health care support jority leader, for all of his help in get- provides an imperfect fit for an era of that is needed at this time. ting this bill to the floor and for mak- growing bipartisan consensus about I yield the floor and suggest the ab- ing sure we get this bill finished before drugs. Indeed, his ideological bent is a sence of a quorum. we go home for Christmas. We are hindrance when our efforts to prevent The PRESIDING OFFICER. The going to do that. We are going to finish drug abuse call for cooperation and clerk will call the roll. this bill. We are going to have it out of pragmatism. Until his confirmation hearings, most of the little he had said The legislative clerk proceeded to here, and we are going to let the farm- and written about drug treatment was call the roll. ers of America know what they can count on for next year. deeply skeptical. He has focused pri- Mr. REID. Mr. President, I ask unan- I thank my friend. marily on the need to reduce the sup- imous consent that the order for the Mr. REID. Mr. President, the major- ply of drugs, too rarely focusing on the quorum call be rescinded. ity leader asked me to also announce neglected demand side of the drug The PRESIDING OFFICER. Without that when we go to the Defense appro- equation. He has also dismissed con- objection, it is so ordered. priations bill, we are going to complete cerns about the racial impact of our

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12440 CONGRESSIONAL RECORD — SENATE December 5, 2001 current drug policies and the utility of forts. The White House also under- Chief Justice Rehnquist and the Judi- mandatory minimum sentences. In stands this. President Bush has said cial Conferences composed of rep- short, Mr. Walters’ public record does that ‘‘[t]he most effective way to re- resentatives from all 12 U.S. circuits not inspire confidence in those of us duce the supply of drugs in America is have called for the repeal of federal who think Congress has occasionally to reduce the demand for drugs in mandatory minimum sentences. Mr. made the wrong decisions in our at- America,’’ and has promised that his Walters has said he would conduct a re- tempts to prevent drug abuse. administration will concentrate ‘‘un- view of the current sentencing struc- I do not doubt Mr. Walters’ intellect precedented attention’’ on the demand ture, but given his past views, I do not or the depth of his concern about our for drugs. In the Senate, I have joined believe that he is the best person to un- nation’s drug problems. I simply be- with Senator HATCH, Senator BIDEN, dertake that task. lieve that he is not the best person to and others in introducing S. 304, the Between 1983 and 1998, drug admis- coordinate our anti-drug efforts. We all Drug Abuse Education, Prevention, and sions to State and Federal prisons in- agree that the fight against drug abuse Treatment Act. That legislation would creased almost 16-fold, from over 10,000 is vitally important. We disagree only increase the federal focus on treatment drug admissions in 1983 to almost in the methods we choose to achieve programs, with targeted programs to 167,000 new prison entries for drug of- our shared goal of a drug-free America. increase the availability and effective- fenses in 1998. During this time, white We have worked hard on the Judici- ness of drug treatment programs in drug admissions increased more than 7- ary Committee to ensure a speedy and rural areas, provide additional treat- fold, Hispanic drug admissions in- fair hearing for the Bush administra- ment opportunities for mothers who creased 18-fold, and black drug admis- tion’s executive branch nominees. are addicted to drugs, and more. sions increased more than 26-fold. The Within days of the Senate’s reorganiza- Although Mr. Walters testified at his disparity in sentences for crack and tion this summer and my becoming confirmation hearing and wrote in his powder cocaine has contributed signifi- chairman, I noticed a hearing on Asa responses to written questions that he cantly to this disproportionate impris- Hutchinson’s nomination to head the supports drug treatment efforts, his onment of African Americans. Under Drug Enforcement Administration. previous record casts doubt on the current law, it takes only 1 percent as After we had the hearing, I expedited strength of this support. Mr. Walters much crack cocaine to trigger equal the process to provide a quick com- has criticized the concept that addic- mandatory minimum penalties with mittee vote, and then worked to secure tion is a disease, referring to that con- powder cocaine. This disparity has a a vote on the floor so that Mr. cept as an ‘‘ideology;’’ even though it severe racial impact, as African Ameri- Hutchinson’s nomination could be ap- is held widely, if not universally, by cans are much more likely than white proved before the August recess. I simi- government and private experts. He Americans to be sentenced for crack larly expedited the process for the has written that ‘‘the culture of offenses. For example, in FY 1999, nominations of Robert Mueller to head victimhood lies at the core of the blacks accounted for 84.7 percent of the Federal Bureau of Investigation therapeutic worldview.’’ He has said those sentenced for crack offenses and whites accounted for just 5.4 percent. and of James Ziglar to head the Immi- that he supports ‘‘good’’ treatment but There is also reason to doubt the logic gration and Naturalization Service, sharply criticized existing treatment of the crack-powder distinction on law among others. providers, aside from faith-based pro- I scheduled John Walters’ nomina- viders. These and other statements by enforcement grounds. Since cocaine is imported and distributed in powder tion hearing for the first full week fol- Mr. Walters have caused great concern form, and only manufactured into lowing our August recess. That hearing among many of these who care about crack at the retail level, those persons was set for the morning of September treating drug addiction. For example, at the highest end of the drug distribu- 11, and was, of course, postponed as a the president of the Betty Ford Center wrote to the Judiciary Committee on tion chain are rarely affected by the in- result of the terrorist attacks in New creased crack penalties. In other October 9 that: ‘‘Mrs. Ford and I are York and near Washington. I made words, the harshest sentences are re- convinced that Mr. Walters may not every effort to reschedule the hearing served for less-culpable offenders. as soon as possible, consistent with our have the confidence in the treatment Despite these troubling facts, Mr. obligations to consider the anti-ter- and prevention strategies that we be- Walters has referred to the racial im- rorism legislation that the Administra- lieve are necessary for the creation and pact of the sentencing disparity as a tion proposed shortly after the attacks. implementation of a balanced and ‘‘perceived racial injustice’’ and urged I believed strongly that drug abuse was thoughtful approach to U.S. drug pol- Congress in 1996 testimony to ‘‘[b]lock still a vital problem for this nation and icy.’’ lower crack sentences’’ and to strip the that we needed to continue to pay at- As I have said repeatedly, we cannot U.S. Sentencing Commission of author- tention to our domestic priorities even reduce drug abuse without punishing ity even to propose changes in criminal as we engaged in our necessary re- drug offenders, and in particular with- penalties where Congress has adopted sponse to terrorism. The committee out ensuring that those who traffic in mandatory minimums. His position on considered the nomination on October and sell drugs are incarcerated for sub- this issue undoubtedly has played a 10. stantial periods of time. At the same role in the decision by 21 members of After that hearing, the work of the time, many of us—Democrats and Re- the Congressional Black Caucus, in- Judiciary Committee was made more publicans—have come to question our cluding the ranking Democratic mem- difficult by the anthrax concerns that reliance on mandatory minimum sen- ber of the House Judiciary Committee, led to the closing of the Senate office tences for a wide variety of drug of- Mr. JOHN CONYERS, to oppose this nom- buildings and the displacement of fenses, as well as the 100:1 disparity ination. Considering that Mr. CONYERS Members and their staffs. Considering under current law between sentences was such a strong supporter of Asa these delays, and the controversy that for crack and powder cocaine. In his Hutchinson’s nomination to head the Mr. Walters engendered, I think it is a writings and statements, Mr. Walters Drug Enforcement Administration that tribute to the committee that we voted has been hostile to reconsideration of he took the time to write me about it, on his nomination as quickly as we did, these policy choices Congress made I take his strong opposition to this within a month of his confirmation during the 1980s. For example, he wrote nomination seriously. hearing. as recently as March that the argu- Mr. Walters’ reaction to popular and Law enforcements is and will remain ments that we are imprisoning too legislative judgments by various States indispensable in reducing drug abuse. many people for merely possessing ille- to allow limited use of marijuana for Indeed, we all agree that we must se- gal drugs and that criminal sentences medical purposes also concerns me. Nu- verely punish those who traffic in and are too long or harsh were ‘‘among the merous states have considered and sell drugs. More than anyone, however, great urban myths of our time.’’ This passed medical marijuana initiatives, law enforcement officers know that im- statement flies in the face of the wide- some by substantial majorities. Mr. proving drug treatment and taking spread dissatisfaction with mandatory Walters has responded to this trend by other measures to reduce the demand minimum sentences among policy- advocating that the federal govern- for drugs will greatly assist their ef- makers and federal judges. Indeed, ment use the Controlled Substances

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12441 Act to take away the federal licenses istration, they cannot help Mr. Wal- in the past 25 years, and drug use by from any physician who prescribes ters’ efforts to implement the Bush ad- teens plunged over 50 percent. Even marijuana to a patient in states that ministration’s appropriate policy of after leaving ONDCP in 1993, Mr. Wal- permit the practice. Such a step would strengthening our ties with Mexico. ters has remained a vocal advocate for prevent these doctors from prescribing Mr. Walters has forcefully expressed curbing illegal drug use. Tragically, as or possessing any medication that is his positions on drug-related and other illegal drug use edged upward under federally controlled, basically making issues for the better part of two dec- the previous administration, his voice the practice of medicine impossible. In ades, both in and out of government. went unheeded. addition to running roughshod over He is a staunch advocate for interdic- John Walters enjoys widespread sup- any federalism concerns whatsoever, tion and punishment, but his record port from distinguished members of the Mr. Walters’ draconian response raises has not demonstrated a commitment law enforcement community, including questions about his sense of propor- to a comprehensive approach to our the Fraternal Order of Police and the tion. Although shutting down the proc- drug problems. When the Judiciary National Troopers Coalition. His nomi- ess as he has suggested may be effec- Committee held its confirmation hear- nation is also supported by some of the tive in rendering these State-passed ing for this nominee, I said that I most prominent members of the pre- initiatives meaningless, his proposal is feared that Mr. Walters had a hard-line vention and treatment communities, a very blunt instrument, to say the law enforcement answer to every ques- including the National Association of least. tion about drug policy, at the expense Drug Court Professionals, the Amer- Mr. Walters’ response to written of the balanced approach that we need ican Methadone Treatment Associa- questions on this issue did not allevi- to succeed in the struggle against drug tion, the Partnership for Drug Free ate my concerns. I asked him whether abuse. I still hold those fears, but I America, National Families in Action, the Federal government should make it hope that Mr. Walters exceeds my ex- and the Community Anti-Drug Coali- a priority to prosecute people who dis- pectations in office. tions of America. All of these organiza- tribute marijuana to ill people in Mr. HATCH. Mr. President, on behalf tions agree that if we are to win the States that have approved medical of all parents and grandparents, teach- war on drugs in America, we need a marijuana initiatives. He answered ers, clergy, mentors, agents of law en- comprehensive policy aimed at reduc- that he supports ‘‘enforcing the law,’’ forcement, treatment and prevention ing both the demand for and supply of and then briefly discussed the rel- professionals, and all the others who drugs. Mr. Walters’ accomplished atively small size of the DEA, without work every day to prevent illegal drug record demonstrates that he, too, has addressing whether medical marijuana use from destroying the lives of our always believed in such a comprehen- cases should be a priority. I am all the young people, I rise to support the sive approach. As he stated before Con- more disappointed by the insufficiency nomination of John Walters, the Presi- gress in 1993, an effective anti-drug of this answer in light of last month’s dent’s nominee to be our nation’s next strategy must ‘‘integrate efforts to re- DEA raid on a California center that Drug Czar. The confirmation of this duce the supply of as well as the de- provided marijuana to the ill in accord- important nominee is long overdue. mand for illegal drugs.’’ ance with California law. It is absurd Mr. Walters’ nomination has lan- Despite this groundswell of support, that such a matter has become a gov- guished in the Senate for almost six ever since Mr. Walters was first men- ernment priority, given our growing months, but with his confirmation, the tioned almost seven months ago to be problems with heroin, metham- President’s cabinet will finally be com- the next Drug Czar, several interested phetamines, and other far more power- plete. individuals and groups have attacked ful and dangerous drugs. I asked Mr. Mr. Walters will begin his tenure as his nomination with a barrage of un- Walters recently about this raid, but Drug Czar at a very precarious time, founded criticisms. Because these he said he believed it would be inappro- but I know he is the right person for untruths helped delay his confirmation priate to make any substantive com- this challenge. He will need to work until today, I feel compelled to respond ment prior to his confirmation. closely with law enforcement, intel- once more to some of these gross dis- Mr. Walters has been a prominent ligence, and military authorities to tortions. spokesman for active interdiction ef- prevent drugs from being trafficked Some have charged that John Wal- forts in Latin America, and I fear he into America from abroad and to pre- ters is hostile to drug treatment. Once would seek to have the United States vent the manufacturing and sale of again, I want to state for the record overextend its anti-drug role in Latin drugs for the purpose of funding ter- that this criticism is categorically America. Prior to the development of rorist activities. Mr. Walters is emi- false. He has a long, documented his- Plan Colombia, he said that ‘‘we need nently qualified to carry out this task, tory of supporting drug treatment as to do more in Latin America’’ in and, as I have previously stated, I am an integral component of a balanced ‘‘[f]ighting drugs at the source.’’ He confident that he will be a first-rate national drug control policy. You do has also been a consistent supporter of Director. After all, having served at not have to take my word on this. You increasing the U.S. military’s role in the Office of National Drug Control need only look at the numbers. preventing drugs from entering the Policy and the Department of Edu- During Mr. Walters’ tenure at United States. I agree that reducing cation with Bill Bennett, he learned ONDCP, treatment funding increased the supply of drugs would have tremen- from the person widely regarded—by 74 percent. This compares with an in- dous benefits for our nation. At the Republicans and Democrats alike—as crease over eight years for the Clinton same time, I agree with President Bush the most talented and effective drug Administration of a mere 17 percent. that the reason that so many drugs czar we have had in this country. This commitment to expanding treat- find their way to our shores is because I want to highlight once more how ment explains why John Walters has there is substantial demand for them. John Walters’ career in public service such broad support from the treatment The costs—both financial and polit- has prepared him well for this office. community. It is simply inconceivable ical—of our involvement in the inter- He has worked tirelessly over the last that the prominent groups supporting nal affairs of Latin American nations two decades helping to formulate and Mr. Walters would do so if they be- require close scrutiny. I have been improve comprehensive policies de- lieved he was hostile to treatment. skeptical about many elements of the signed to keep drugs away from our Another recurring criticism is that ill-considered Plan Colombia, and we children. By virtue of this experience, Mr. Walters doesn’t support a balanced should be extremely cautious of addi- he truly has unparalleled knowledge drug control policy that incorporates tional proposals of that nature. and experience in all facets of drug both supply and demand reduction pro- In addition, Mr. Walters has been control policy. Lest there be any doubt grams. This criticism, too, is flat sharply critical of Mexico, calling it a that Mr. Walters’ past efforts were suc- wrong and again belied by his record. ‘‘narco state’’ and a ‘‘safe haven’’ for cessful, let me point out that during For example, in testimony given before the illegal drug industry. Although his tenure at the Department of Edu- this Committee in 1991, Mr. Walters, these comments were made about pred- cation and ONDCP, drug use in Amer- then acting Director of ONDCP, laid ecessor governments to the Fox admin- ica fell to its lowest level at any time out a national drug control strategy

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12442 CONGRESSIONAL RECORD — SENATE December 5, 2001 that included the following guiding FEINSTEIN, and GRASSLEY. This legisla- partners with incarceration and inter- principles: educating our citizens about tion will dramatically increase preven- diction. the dangers of drug use; placing more tion and treatment efforts, and I re- To his credit, President Bush has addicts in effective treatment pro- main confident that it will become law called for closing the treatment gap. grams; expanding the number and qual- this Congress. As I have stated many He has stated that ‘‘the most effective ity of treatment programs; reducing times, I solicited Mr. Walters’ expert way to reduce the supply of drugs in the supply and availability of drugs on advice in drafting S. 304. I know, and America is to reduce the demand for our streets; and dismantling traf- his record clearly reflects, that he drugs in America.’’ ficking organizations through tough agrees with me and my colleagues that Thanks to the leadership of Senator law enforcement and interdiction prevention and treatment must remain LEAHY, Senator HATCH, and Senator measures. integral components of our national BIDEN, the Judiciary Committee passed Mr. Walters’ firm support of preven- drug control strategy. a bill last week to increase federal tion programs is equally evident. His We need to shore up our support for funding for drug education, prevention, commitment to prevention became demand reduction programs if we are and treatment. there is much more, clear during his tenure at the Depart- to reduce illegal drug use in America. however, that we must do to see that ment of Education during the Reagan This commitment is bipartisan. Our all Americans understand that drug Administration. He drafted the Depart- President believes in it. Our Attorney use is harmful, and that effective treatment’s first drug prevention guide for General believes in it. Our Democratic ment is available to every addict who parents and teachers—titled ‘‘Schools leader in the Senate believes in it. My wants it. Without Drugs,’’ created the Depart- Republican colleagues believe in it. The nomination of John Walters ment’s first prevention advertising And most importantly, John Walters sends exactly the opposite signal. As a campaign, and implemented the Drug- believes in it. longtime critic of drug treatment, he’s Free Schools grant program. Finally, Mr. President, now that Mr. the wrong man for the job. In 1996, he These are not the words or actions of Walters is about to be confirmed, I ridiculed President Clinton’s proposal an ideologue who is hostile to preven- want to urge the Senate not to let this to provide drug treatment to chronic tion and treatment, but rather, rep- session end without holding hearings users as ‘‘the latest manifestation of resent the firmly held beliefs of a man for and acting on the deputy positions the liberals’ commitment to a ‘thera- of conviction who has fought hard to at ONDCP. Mr. Walters needs his team peutic state’ in which government include effective prevention and treat- in place. I look forward to working serves as the agent of personal rehabilitation.’’ Last March, Mr. Walters ment programs in the fight against with my Senate Republican and Demo- described the view that addiction is a drug abuse. cratic colleagues and the Administra- disease of the brain as an ‘‘ideology’’ Some have also criticized Mr. Wal- tion to carry forward our fight against promulgated by the ‘‘therapy-only ters because he doesn’t buy into the drug trafficking and terrorism. oft-repeated liberal shibboleth that too Mr. KENNEDY. Mr. President, I op- lobby.’’ Mr. Walters has emphasized punish- many low-level, ‘‘non-violent’’ drug of- pose this nomination. We have a real ment and prisons as the primary solu- fenders are being arrested, prosecuted, opportunity to strengthen the nation’s tion to the problem of drugs. He has and jailed. I, too, plead guilty to this efforts against substance abuse, and we criticized attempts to reform manda- charge, but the facts prove we are ought to take advantage of it. We rely tory-minimum sentences for non- right. Data from the Bureau of Justice heavily today on police, prosecutors, violent drug offenses. The United Statistics reveals that 67.4 percent of and prisons to handle this problem. States now has the highest per capita federal defendants convicted of simple There’s too little emphasis on preven- incarceration rate in the world. Yet possession had prior arrest records, and tion and treatment. Spending for pre- Mr. Walters recently declared that 54 percent had prior convictions. More- vention and treatment has never ex- ‘‘[t]he war on crime and drugs is rap- over, prison sentences handed down for ceeded one-third of the federal drug- idly losing ground to the war on pun- possession offenses amount to just 1 control budget. ishment and prisons.’’ percent of Federal prison sentences. This unacceptable situation con- In his response to the Judiciary Com- Thus, it is patently false that a signifi- tinues, in spite of overwhelming evi- mittee’s questionnaire, Mr. Walters cant proportion of our federal prison dence that drug treatment works. said that during the first Bush admin- population consists of individuals who In 1994, a landmark study, the Cali- istration, he was ‘‘a principal author of have done nothing other than possess fornia Drug and Alcohol Treatment As- a new drug strategy and federal spend- illegal drugs for their personal con- sessment, found that every dollar spent ing plan that targeted more resources sumption. on treatment saves taxpayers $7 in fu- for treatment than any administration The drug legalization camp exagger- ture costs for crime and health care. before or after.’’ But as Mr. Walters ates the rate at which defendants are A 1997 study by the Rand Corporation has admitted, the Clinton administra- jailed solely for simple possession. This found that treatment for heavy cocaine tion spent substantially more—not camp also wants us to view those who users is three times more effective at less—on drug treatment. As for the in- sell drugs as ‘‘nonviolent offenders.’’ reducing cocaine consumption than creases that did occur during the Bush Mr. Walters, to his credit, has had the mandatory minimum sentences, and 11 administration, Mr. Walters fought courage to publicly refute these mis- times more effective than interdiction. them all the way. leading statistics and claims. I want to A study by the Institute of Medicine At his nomination hearing on Octo- join him in making one point perfectly showed that treatment was effective in ber 10, I pressed Mr. Walters on wheth- clear. Those who sell drugs, whatever reducing criminal activity and emer- er he would try to balance federal type and whatever quantity, are not, to gency-room visits, and in increasing spending for demand-reduction and this father and grandfather, ‘‘non- rates of employment. supply-control efforts. Saying only violent offenders.’’ Not when each pill, In 1997, the Department of Justice re- that he was not ‘‘notionally’’ opposed each joint, each line, and each needle ported that offenders who complete to equal spending, he refused to give an can and often does destroy a young per- drug-court programs are only one-third answer. son’s life. as likely to be arrested for new drug of- Before the hearing, the president of I am committed 100 percent to ex- fenses or felonies compared to other of- the Betty Ford Center wrote that he panding and improving drug abuse edu- fenders, and only one-fourth as likely and Mrs. Ford questioned whether Mr. cation, prevention, and treatment pro- to violate probation or parole. Walters has ‘‘the confidence in the grams, and I know that John Walters is Now more than ever, Americans sup- treatment and prevention strategies my ally in this effort. Last week, the port prevention and treatment. They that . . . are necessary for the creation Judiciary Committee voted out S. 304, understand that we cannot stop sub- and implementation of a balanced and the ‘‘Drug Abuse Education, Preven- stance abuse without reducing the de- thoughtful approach to U.S. drug pol- tion, and Treatment Act of 2001,’’ a bi- mand for drugs. In the nation’s efforts icy.’’ partisan bill I drafted with Senators against substance abuse, prevention Mr. Walters’ comments on race are LEAHY, BIDEN, DEWINE, THURMOND, and treatment must become equal also troubling. In 1997, he criticized

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12443 General Barry McCaffrey for sending cent of those currently incarcerated in Senate Judiciary Committee. Judging ‘‘the wrong message’’ when he ex- state prisons. In my home State of Illi- by his answers to the Committee’s pressed concern about the high per- nois, African-American men end up in questions, he has been doing a lot of re- centage of African-Americans being State prisons on drug charges at a rate flection lately. He now believes that imprisoned for drug offenses. Earlier 57 times greater than white men. These ‘‘the consideration of addiction as a this year, he categorically dismissed disparities, whatever their cause, de- disease has wide application.’’ A man the view that the criminal justice sys- mand the attention of the Nation’s who once defended harsh mandatory tem unjustly punishes African-Amer- Drug Czar. Aside from the injustice of minimum sentences today professes ican men as one of ‘‘the great urban this situation, there is stark evidence support for ‘‘second and third chances’’ myths of our time.’’ that drug offenders who are not mi- and tempering justice with mercy. A Racial discrimination is offensive norities escape the same scrutiny and harsh partisan critic of President Clin- and unacceptable in all its aspects. The enforcement as those who are. Our war ton now wishes to ‘‘transcend tradi- need to eliminate it continues to be on drugs must be fair and balanced. tional political and party boundaries.’’ one of the nation’s important chal- With the exception of the last few The same person who wrote ‘‘[t]here is lenges. It is undisputed that even weeks, Mr. Walters has spent most of no question that supply fosters de- though blacks and whites use illegal his career being dismissive of the sub- mand’’ stands beside President Bush’s drugs at the same rate, blacks are in- ject of racial disparities in drug en- pledge that ‘‘[t]he most effective way carcerated for drug offenses at a much forcement. As recently as this April, he to reduce the supply of drugs in Amer- higher rate. Mr. Walters was asked to characterized as ‘‘urban myth’’ the sin- ica is to reduce the demand for drugs in justify his ‘‘urban myth’’ statement, cere concern of many, including my- America.’’ but he only cited unrelated statistics self, that young black men receive ex- Mr. Walters assured the Committee on murder rates. We need a Drug Czar cessive prison terms under the current that he has not undergone what we who has, at the very least, an open sentencing regime. He has accused the refer to as a ‘‘confirmation conver- mind about the possibility of racial nonpartisan federal Sentencing Com- sion.’’ That is precisely what concerns bias in drug sentencing. mission of being ‘‘irresponsible’’ for me—that he has not moderated his Mr. Walters’ supporters contend that proposing adjustments to the 100–1 dis- views at all, but has merely rethought despite his longstanding opposition to parity between federal prison terms for his public relations strategy. Over the increased treatment funding, and his crack cocaine and powder cocaine of- course of his career, Mr. Walters has very recent criticism of drug therapy, fenses, offenses which divide starkly made a conscious choice to polarize he is the right choice to revitalize our along color lines. rather than advance the public debate. drug-control efforts and close the coun- It has become a cliche for public offi- Accordingly, I cannot provide my sup- try’s treatment gap. I hope that they cials to lament racial profiling in law port for his nomination. are right, and that those of us who op- enforcement. What matters is action, f pose him are wrong. I am concerned, not words. But even now, when Mr. however, that by approving this nomi- Walters has experienced a ‘‘change of ADDITIONAL STATEMENTS nation today, we are losing our best op- heart’’ on many issues, he will only portunity to develop a more balanced concede that there is a ‘‘perception’’ of LIFE AS AN AMERICAN and more effective national strategy on disparate treatment in the criminal drug abuse. justice system. As someone committed ∑ Mr. DURBIN. Mr. President, I rise Mr. DURBIN. Mr. President, I join to using the Drug Czar’s office to pro- today to share with you and the rest of with several of my colleagues in oppos- mote criminal law initiatives, he has my colleagues the thoughts of one of ing the nomination of John P. Walters exhibited little sensitivity for the role my younger constituents, for I think to be Director of the Office of National that race plays in the criminal justice they are noteworthy for their insight, Drug Control Policy—the Nation’s system. Given the important law en- their honesty and their prescience. Drug Czar. forcement role filled by the Drug Czar, Stephanie Kaplan, who lives in High- As much as anyone here, I am mind- I cannot overlook this weakness. land Park, IL, is a junior at Highland ful of the need to unify behind the Another source of real concern is the Park High School. Stephanie recently President during these times. Let me nominee’s record on drug treatment submitted her writing to the Jewish emphasize that I share the President’s and prevention. Early in my congres- Press in Omaha, NE, in response to goals in combating the problem of drug sional career, I worked to pass legisla- their request for essays about patriot- abuse, and I applaud his commitment tion to improve substance abuse treat- ism. Out of all the responses that ar- of greater resources to drug treatment ment programs for pregnant and rived at the newspaper, the editors and prevention efforts. My fear, how- postpartum women. We know that deemed Stephanie’s the best among ever, is that Mr. Walters is not the per- treatment programs can work. A study them. son to meet these goals. by the RAND Corporation a few years Perhaps most remarkable is that this John Walters is a seasoned veteran of ago found that for every dollar that we essay, in which Stephanie explains the Drug War, someone with a long and invest in substance abuse treatment, what life as an American means to her, established track record on many con- the American taxpayers save $7.46 in was written in August, before Osama troversial issues. Too often in the past, miscellaneous societal costs. bin Laden became a household name he has adopted divisive stances on The Nation’s drug crisis demands and when the top news stories did not these issues. His views, and his cer- that we supplement law enforcement mention Afghanistan. titude in advocating them, send a fair efforts with effective treatment and Our enemies have attacked us for warning to this body as it debates his prevention programs. While Mr. Wal- who we are and what we believe. The nomination. His controversial and ters has voiced his support for a bal- very freedoms we love inspire their ha- often incendiary writings on drug-re- anced and coordinated approach, his tred. As our freedoms are the source of lated issues have been red meat for the long paper trail belies his real inten- this conflict, we cannot allow them to right-wing of the Republican Party. tions. He has a long record of hostility become its casualties. Let me focus on a couple topics. Like towards, as he put it, the ‘‘notoriously Stephanie’s writing is a timely re- many of my colleagues, I am very trou- under-performing drug treatment sys- minder of what it is we value and what bled by the considerable evidence that tem,’’ and towards those who imple- it is we are defending. our prosecution of the drug war ment it. He has criticized those who Her essay follows: disproportionally targets racial and approach drug addiction as a disease as WHAT BEING AN AMERICAN MEANS TO ME ethnic minorities. African-Americans ‘‘ideologues.’’ He has condemned the (by Stephanie Kaplan) represent 12 percent of the U.S. popu- Drug-Free Schools Act, which created Ice cream for dinner. Sitting on the bleach- lation, 11 percent of current drug users, many of the same types of prevention ers through a muggy afternoon, cheering but 35 percent of those arrested for programs he takes credit for now. heartily for a favored team or player. An drug violations, 53 percent of those Let me say a few brief words about early-morning walk, as the trees that line convicted in state courts, and 58 per- the John Walters who came to visit the the street wave their green leaves in the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12444 CONGRESSIONAL RECORD — SENATE December 5, 2001 wind, scintillating drops of dew falling down things to millions of unique people. For the ing women, and it has recently ex- to join their brethren on the glistening country, when drawn, should not be its tradi- panded its focus to address violence grass. Air conditioning with the twist of a tional shape, as seen on a map, but as a 3–D against women. knob. shape, with as many angles as it has citizens, Since she was a fellow Texan, I was This is America! for the people shape America as much as the But luxuries, the majority of which can be land. never surprised by her zest for life. E.B purchased by money, do not define what Being an American means choices, lux- White once wrote, ‘‘I arise in the morn- being an American means to me. uries, decisions, freedoms, and a feeling of ing torn between a desire to save the Freedom. Yes, there are rules and regula- not importance, but responsibility, in illus- world and a desire to savor the world. tions, a moral code, and systems of punish- trating the greatness of my country, and en- This makes it hard to plan the day.’’ ment for those who infringe and sever them. deavoring to uphold the lofty ideals of the Not for people like Mary Kay, she knew They are in place to protect the people, how- founders of this Nation, inhabitants who, how to accomplish both. ever, and are not oppressing as some govern- like my grandparents, escaped tyranny and a Mary Kay remembered what was im- ments, which implement so many restric- role of inferiority to pull freedom to their tions that the citizens are suffocated by the chests and keep it there, chained ’til a death portant yet still reached for the stars— layers upon layers of laws. that does not come prematurely due to dis- and all of us are the better for it. I can keep my lights on through the night, crimination. Thank you Mary Kay, I hope you are if I so wish. No policies prohibit me from be- Being an American means I am an indi- driving a beautiful pink Cadillac up in friending a Jew, a Muslim, or a person of vidual and have the independence to be just heaven.∑ color. And only my own predilections will that—an American, because I believe in the f rule my summer afternoon activities, be it country and the opportunity. While it may in-line pick-up hockey on the basketball take a little digging, opportunity is avail- TRIBUTE TO KAREN NYSTROM court down the street, or a lazy afternoon able; even if found, one must clean off the MEYER perched before my computer, like a dog pass- dirt before pursuing it. ∑ ing away the hours chewing on rawhide. I am a living, breathing, original Amer- Mr. JEFFORDS. Mr. President, Being a United States resident, to me, ican, and that I can exist unscathed is what Karen Nystrom Meyer was appointed translates into the simple joy that I can ride being a citizen of this realm is all about. Ex- to serve as the Executive Vice Presi- my bike to the places that defined my care- isting as a member of this free country dent of the Vermont Medical Society free youth, mainly the elementary school’s means, to me, that if in 60 years my family (VMS) in 1988. Throughout her tenure playground. And if I so wish, I’ll stray from can go from savoring every drop of water to in office, Karen’s work has been char- the paved trail and take the long route, or survive to having a house with a mezuzah on acterized by great integrity, compas- cut across the grass. each doorway, I can savor the prospects pre- sion and a strong understanding of the Most importantly, I possess no fear when sented by freedom and find a way to take it being out alone. For I feel safe, in this coun- a step farther. critical role physicians play in improv- try, that I will not be a victim of hostility After all, my door is always open.∑ ing the quality of life in the Green Mountain State. Many Vermonters based on any outward appearance. And I’d f never really noticed how wonderful and rare shared my sense of loss when Karen that is until I spent three weeks on a teen TRIBUTE TO MARY KAY ASH Meyer recently announced her resigna- tour with students from 21 different coun- ∑ Mrs. HUTCHISON. Mr. President, I tion in order to accept a new position tries. in the field of higher education. My best friend became a girl from Hong rise today to pay tribute to Mary Kay Kong, and, as we were walking along one Ash. The fourteen years she led the soci- overcast afternoon, she stated, ‘‘I hate the On November 22, 2001, America and ety were years of great change and ac- Beijing government.’’ Then, she added, ‘‘If I Texas lost a great person Mary Kay complishment for the organization. It said that in Hong Kong, in a casual conversa- Ash. was Karen’s first job as an office assist- tion, I might be okay. But if I was in Beijing, Throughout Mary Kay Ash’s life, her ant in a large internal medicine prac- I could get shot. That’s why I like America, unswerving devotion to principles and tice that gave her a real appreciation it’s free for opinions.’’ to doing what is right enabled her to for the struggles and rewards of prac- Never experiencing any sort of political op- exert an influence unique in a society ticing medicine. The first woman exec- pression, it’s difficult for me to grasp what she must feel, or the fear of a simple slip that was known for strict rules of hier- utive of a State medical society in the translating into death. archy, specifically male hierarchy. She country, she completely restructured And this country is not perfect. flourished where many fail, or simply the governance of the society moving But as the anthem states, this is ‘‘. . . the remain in the shadows of obscurity. By from the traditional House of Dele- land of the free.’’ Sovereignty is a daily part doing so, she blazed the path for many gates representative structure to an of life. What may have seemed like a bur- women after her, we have all profited annual membership meeting format den—all the decisions one must make, and from her success. where each VMS member may partici- the consequences that can only be blamed on an individual—now seems liberating. Over her career, Mary Kay sacrificed pate in making Society policy. While Existing in America means much to me, a lot to fulfill her dream, do her duty Vermont was the first State to restruc- but the most poignant example is that I can to her family and her God, and to stand ture its governance structure in this pray, out loud, in Hebrew, with the shades by her principles. It is women and men way, many other State societies have drawn up and the door gaping, invitingly of that caliber who have made our followed Vermont’s lead. open. country great. During Karen’s tenure at VMS, the On the trip, while occupying a dorm room, Her savvy created an incredible busi- society was able to achieve many of its I prayed every morning, just as I do at home. ness from a profit point of view, but, policy initiatives at the State and Fed- The glaring difference was that the people who passed by my open doorway were not all most important, she created a business eral level. These include passing the Jewish. Openly, I expressed my faith and re- that offers women the chance for per- ‘‘Clean Indoor Air Act,’’ supporting inforced my beliefs to myself, my dedication sonal and professional fulfillment and lead screening for children, ensuring to the Hashem. success. It is no wonder that Mary Kay coverage of clinical trials, increasing How far we’ve traveled, in place, time, and Cosmetics is considered by Fortune access to health care for Vermonters, pure progression, since my grandmother hid Magazine as one of the top ten best funding anti-tobacco programs, and de- below ground in Germany, with but one companies for women, indeed, it is also veloping a strong education program dress, and could not even talk, let alone pray aloud, for fear of SS men. And the advances recognized as one of The 100 Best Com- for physicians around end-of life care. since my grandfather fought for survival in panies to Work for in America. Karen was also instrumental in help- the same foreign country, with outlandish But Mary Kay never stopped with ing to establish the Vermont Program limitations, are miraculous. work, she did not even start with work. for Quality in Health Care (VPQHC). Could, I wonder, either of them imagined a Her priorities were always clear: God Over the years, VPQHC has achieved time in which their granddaughter—yes, a first, family second, and career third. national recognition for its important family!—could be so audacious as to flaunt It is why, when her husband died from work developing clinical guidelines, re- her prayer? cancer, she put her endless energies to porting on health care quality in It’s not the passing of years, though, but the changing of countries that made it pos- work in that arena as well, creating Vermont and educating physicians and sible. the Mary Kay Ash Charitable Founda- practitioners. Karen has also dem- America may never be able to be defined, tion in 1996. This nonprofit provides onstrated outstanding leadership and as being American means so many different funding for research of cancers affect- gained national recognition for her

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12445 work with the American Medical Asso- coverage to the uninsured, to stream- Milford’s Truck No. 1. A second name ciation and the American Association line Medicare regulations for bene- change followed in 1918, to honor Paris of Medical Society Executives, where ficiaries and providers, and to address T. Carlisle, a Milford resident and she has participated on many work potentially serious problems posed by member and officer of the Fire Com- groups and policy teams. the new hospital outpatient payment pany, who was killed in France during Prior to becoming Executive Vice system. She’s done all this while keep- World War I. In 1921, the Company President of the Vermont Medical So- ing in mind the reality that our federal broke ground to build its first fire sta- ciety, Karen was the Commissioner of health programs aren’t free—it’s hard- tion, and in 1923, after another success- Housing and Community Affairs for the working Americans who pay for them. ful fundraising drive, Truck No. 2 was State of Vermont. As Commissioner, It’s easy to lose sight of that fact here purchased and Truck No. 1 refitted to she worked tirelessly to increase the inside the Beltway, but Monica never better serve the community. Ground availability of affordable housing in has. was broken for the current fire hall on Vermont. However, I am sure she will Monica’s contribution to me and to Northwest Front Street in 1977, and as say that her most enjoyable job was the Senate, in fact, went beyond policy the folks in Milford will tell you with working for me as a legislative assist- and politics. She was a true team play- well-earned pride, they paid off and ant in the 1970’s when I represented er, earning the respect of everyone she burned the mortgage in 1990. At about Vermont in the House of Representa- worked with, and the affection of her the same time, ambulance service was tives. Based on our work together, I fellow Finance Committee staffers. added. can personally attest to her grace, And she did all this during one of this From that hall on Front Street, the competency and sense of humor—all of body’s most tumultuous years in re- Carlisle Fire Company responds to which are the key characteristics of a cent history—a year we’ll all remember more than 1,800 calls per year. With an successful public servant. for the 50–50 Senate, the change in active Ladies Auxiliary, founded in 1963 While Karen is leaving the medical party control, the September 11 at- with Peggy Jester as its first president, society, she will continue to play an tacks, and finally the anthrax attack and a Junior Member program, created important role in improving the social that drove many of us out of our of- by then-Chief Marvin Hitch in 1973, the fabric of Vermont. She has accepted a fices. She served in her extraordinarily Company is truly a center of commu- new position at the University of challenging job under these difficult nity life in Milford. And it also has a Vermont where she will work with the circumstances with grace, commit- special place in our statewide fire- acting President to develop a renewed ment, and good humor. She will be fighting community; the Delaware Vol- sense of mission for the University. I sorely missed. unteer Firemen’s Association (DVFA) know that I speak for thousands of Now Monica is heading home to San was organized in Milford in February of Vermonters in thanking her for ex- Diego, to rejoin her husband Mike, 1921, and the first president was traordinary service to the Vermont who’s also serving the nation in the Charles E. Varney, who was also presi- Medical Society and conveying our United States Marines. I wish her and dent of the Carlisle Fire Company. The best wishes in her future endeavors.∑ Mike every blessing in this new phase Company has continued its leadership f of their life, and I extend to her my in statewide programs ever since. TRIBUTE TO MONICA TENCATE deepest thanks.∑ It is my privilege to share some of ∑ Mr. GRASSLEY. Mr. President, I rise f the history and hopefully some of the to pay tribute to a departing Senate 200TH ANNIVERSARY OF THE spirit of the Carlisle Fire Company Finance Committee staffer, Monica CARLISLE FIRE COMPANY with my colleagues and with our fellow Tencate. She has served the Senate citizens today. We honor the Com- ∑ Mr. BIDEN. Mr. President, among with great distinction, and it is with pany’s 200th anniversary, and the ex- the images of September 11th that we much sadness that I am bidding her traordinary commitment and service will never forget, are the pictures of goodbye. I’d like to take a few mo- that it represents, with gratitude to the firefighters rushing into the build- ments to describe her contribution. local firefighters, our neighbors who Monica came to the Senate from ings to help, as everyone else who was are there when we need them most. California in 1998, and joined Chairman able was trying to get out to safety. At Congratulations to President Francis Roth’s Finance Committee health that moment, without discussion or ex- Morris and Fire Chief Kevin Twilley, team. After effective service there, she planation, an appreciation for the ex- and to all the officers, members and moved to Senator FRIST’s Sub- traordinary service and leading citizen- friends of the Carlisle Fire Company committee on Public Health, making a ship of firefighters became a prominent again, with great respect and with tremendous contribution on a broad and, I hope, permanent feature of our thanks.∑ collective consciousness. range of challenging HELP Committee f issues. I know her years with Senator In my State of Delaware, we have a FRIST were very rewarding ones for rich heritage of local fire companies MESSAGES FROM THE PRESIDENT serving our communities, a tradition of her, so I was delighted that she was Messages from the President of the neighbors helping neighbors. And I rise willing to return to the Finance Com- United States were communicated to today to honor one of those local de- mittee to work with me, as Director of the Senate by Ms. Evans, one of his partments, the Carlisle Fire Company, the Finance Committee’s health policy secretaries. team. which serves the City of Milford, Dela- As I look back at this year, Monica ware and which will celebrate its 200th f was a real leader in the Committee’s anniversary in 2002. EXECUTIVE MESSAGES REFERRED effort to strengthen and improve Medi- Originally founded under charter care for the 21st Century, including from the State Legislature, as, simply, As in executive session the Presiding prescription drug coverage for Medi- a ‘‘Fire Fighting Organization,’’ the Officer laid before the Senate messages care beneficiaries. She did a stellar job company began its service in the spring from the President of the United in helping to assemble a Tripartisan of 1802, a full 90 years before the first States submitting sundry nominations group, which put forward a framework water mains and fire hydrants were in- which were referred to the appropriate for future success in this area. Due to stalled in Milford. A hand drawn hook- committees. the September 11 terrorist attacks, and-ladder was acquired, and was (The nominations received today are making major improvements to Medi- stored along with other equipment at a printed at the end of the Senate pro- care will have to wait until 2002. I be- building owned by Mrs. Angeline Mar- ceedings.) lieve, however, that we’ve laid a solid shall, appropriately, on Water Street. f foundation for next year’s efforts, and In 1915, the department reincor- Monica’s contribution was indispen- porated as the Milford Fire Company, MESSAGE FROM THE HOUSE sable. and that same year, there was a 10-day At 11:42 a.m., a message from the Monica also played a key role in the fund drive which raised money to pur- House of Representatives, delivered by Committee’s efforts to help provide chase a triple combination fire truck Ms. Niland, one of its reading clerks,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12446 CONGRESSIONAL RECORD — SENATE December 5, 2001 announced that the House has passed H.J. Res. 76. A joint resolution making fur- ald B.H. Solomon Saratoga National Ceme- the following bill, with an amendment: ther continuing appropriations for the fiscal tery, and for other purposes; to the Com- year 2002, and for other purposes. mittee on Veterans’ Affairs. S. 494. An act to provide for a transition to H.J. Res. 60. Joint resolution honoring democracy and to promote economic recov- The message also announced that the Maureen Reagan on the occasion of her ery in Zimbabwe. House has agreed to the following con- death and expressing condolences to her fam- The message also announced that the current resolutions, in which it re- ily, including her husband Dennis Revell and House has disagreed to the amendment quests the concurrence of the Senate: her daughter Rita Revell; to the Committee of the Senate to the bill (H.R. 2883) to H. Con. Res. 25. Concurrent resolution ex- on the Judiciary. authorize appropriations for fiscal year pressing the sense of the Congress regarding The following concurrent resolutions 2002 for intelligence and intelligence- tuberous sclerosis. H. Con. Res. 277. Concurrent resolution rec- were read, and referred as indicated: related activities of the United States ognizing the important contributions of the H. Con. Res. 25. Concurrent resolution ex- Government, the Community Manage- Hispanic Chamber of Commerce. pressing the sense of the Congress regarding ment Account, and the Central intel- The message further announced that tuberous sclerosis; to the Committee on ligence Agency Retirement and Dis- pursuant to section 491 of the Higher Health, Education, labor, and Pensions. H. Con. Res. 277. Concurrent resolution rec- ability System, and for other purposes, Education Act (20 U.S.C. 1098(c)), and and agrees to the conference asked by ognizing the important contributions of the upon the recommendation of the ma- Hispanic Chamber of Commerce; to the Com- the Senate on the disagreeing votes of jority leader, the Speaker has ap- the two Houses thereon; and appoints mittee on Commerce, Science, and Transpor- pointed the following member on the tation. the following Members as the managers part of the House of Representatives to f of the conference on the part of the the Advisory Committee on Student House: Financial Assistance for a 3-year term MEASURES PLACED ON THE From the Permanent Select Com- to fill the existing vacancy thereon: CALENDAR mittee on Intelligence, for consider- Ms. Norine Fuller of Arlington, Vir- The following bill was read the sec- ation of the house bill and the Senate ginia. ond time, and placed on the calendar: amendment, and modifications com- ENROLLED BILLS SIGNED mitted to conference: Mr. GOSS, Mr. S. 1765. A bill to improve the ability of the The message also announced that the United States to prepare for and respond to BEREUTER, Mr. CASTLE, Mr. BOEHLERT, Speaker has signed the following en- a biological threat or attack. Mr. GIBBONS, Mr. LAHOOD, Mr. rolled bills and joint resolution: CUNNINGHAM, Mr. HOEKSTRA, Mr. BURR The following bill was read the first H.R. 1766. An act to designate the facility of North Carolina, Mr. CHAMBLISS, Ms. and second times by unanimous con- of the United States Postal Service located sent, and placed on the calendar: PELOSI, Mr. BISHOP, Ms. HARMAN, Mr. at 4270 John Marr Drive in Annandale, Vir- H.R. 3323. An act to ensure that covered en- CONDIT, Mr. ROEMER, Mr. HASTINGS of ginia, as the ‘‘Stan Parris Post Office Build- tities comply with the standards for elec- Florida, Mr. REYES, Mr. BOSWELL, and ing.’’ tronic health care transactions and code sets Mr. PETERSON of Minnesota. H.R. 2261. An act to designate the facility adopted under part C of title XI of the Social of the United States Postal Service located From the Committee on Armed Serv- Security Act, and for other purposes. ices, for consideration of defense tac- at 2853 Candler Road in Decatur, Georgia, as tical intelligence and related activi- the ‘‘Earl T. Shinhoster Post Office.’’ f H.R. 2299. An act making appropriations ties: Mr. STUMP, Mr. HUNTER, and Mr. for the Department of Transportation and EXECUTIVE AND OTHER SKELTON. related agencies for the fiscal year ending COMMUNICATIONS The message further announced that September 30, 2002, and for other purposes. The following communications were the House has passed the following H.R. 2454. An act to redesignate the facil- laid before the Senate, together with bills and joint resolutions, in which it ity of the United States Postal Service lo- accompanying papers, reports, and doc- requests the concurrence of the Senate: cated at 5472 Crenshaw Boulevard in Los An- geles, California, as the ‘‘Congressman Ju- uments, which were referred as indi- H.R. 90. An act to amend the Communica- cated: tions Act of 1934 to prohibit telemarketers lian C. Dixon Post Office Building.’’ H.J. Res. 71. A joint resolution amending from interfering with the caller identifica- EC–4831. A communication from the Prin- title 36, United States Code, to designate tion service of any person to whom a tele- cipal Deputy Associate Administrator of the September 11 as Patriot Day. phone solicitation is made, and for other Environmental Protection Agency, transmit- purposes. The enrolled bills and joint resolu- ting, pursuant to law, the report of a rule en- H.R. 2305. An act to require certain Federal tion were signed subsequently by the titled ‘‘Emergency Extension of the Compli- officials with responsibility for the adminis- President pro tempore (Mr. BYRD). ance Date for Standards for Hazardous Air tration of the criminal justice system of the Pollutants for Hazardous Waste Combus- f District of Columbia to serve on and partici- tors’’ (FRL7114–6) received on December 3, pate in the activities of the District of Co- MEASURES REFERRED 2001; to the Committee on Environment and Public Works. lumbia Criminal Justice Coordinating Coun- The following bills and joint resolu- cil, and for other purposes. EC–4832. A communication from the Prin- H.R. 2441. An act to amend the Public tion were read the first and the second cipal Deputy Associate Administrator of the Health Service Act to redesignate a facility times by unanimous consent, and re- Environmental Protection Agency, transmit- as the National Hansen’s Disease Programs ferred as indicated: ting, pursuant to law, the report of a rule en- Center, and for other purposes. H.R. 90. An act to amend the Communica- titled ‘‘Final Authorization of State Haz- H.R. 3323. An act to ensure that covered en- tions Act of 1934 to prohibit telemarketers ardous Waste Management Program Revi- tities comply with the standards for elec- from interfering with the caller identifica- sions’’ (FRL7110–7) received on December 3, tronic health care transactions and code sets tion service of any person to whom a tele- 2001; to the Committee on Environment and adopted under part C of title XI of the Social phone solicitation is made, and for other Public Works. Security Act, and for other purposes. purposes; to the Committee on Commerce, EC–4833. A communication from the Prin- H.R. 3346. An act to amend the Internal Science, and Transportation. cipal Deputy Associate Administrator of the Revenue Code of 1986 to simplify the report- H.R. 2305. An act to require certain Federal Environmental Protection Agency, transmit- ing requirements relating to higher edu- officials with responsibility for the adminis- ting, pursuant to law, the report of a rule en- cation tuition and related expenses. tration of the criminal justice system of the titled ‘‘Environmental Impact Assessment of H.R. 3391. An act to amend title XVIII of District of Columbia to serve on and partici- Nongovernmental Activities in Antarctica’’ the Social Security Act to provide regu- pate in the activities of the District of Co- (FRL7114–3) received on December 3, 2001; to latory relief and contracting flexibility lumbia Criminal Justice Coordinating Coun- the Committee on Environment and Public under the Medicare Program. cil, and for other purposes; to the Committee Works. H.R. 3392. An act to name the national on Governmental Affairs. EC–4834. A communication from the Prin- cemetery in Saratoga, New York as the Ger- H.R. 2441. An act to amend the Pubic cipal Deputy Associate Administrator of the ald B.H. Solomon Saratoga National Ceme- Health Service Act to redesignate a facility Environmental Protection Agency, transmit- tery, and for other purposes. as the national Hansen’s Disease Programs ting, pursuant to law, the report of a rule en- H.J. Res. 60. A joint resolution honoring Center, and for other purposes; to the Com- titled ‘‘Clean Air Act Full Approval of Oper- Maureen Reagan on the occasion of her mittee on Health, Education, Labor, and ating Permits Program; Oklahoma’’ death and expressing condolences to her fam- Pensions. (FRL7113–7) received on December 3, 2001; to ily, including her husband Dennis Revell and H.R. 3392. An act to name the national the Committee on Environment and Public her daughter Rita Revell. cemetery in Saratoga, New York, as the Ger- Works.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12447 EC–4835. A communication from the Prin- By Mr. LIEBERMAN, from the Committee By Mr. SMITH of New Hampshire: cipal Deputy Associate Administrator of the on Governmental Affairs, with an amend- S. 1772. A bill to ensure that American vic- Environmental Protection Agency, transmit- ment in the nature of a substitute: tims of terrorism have access to the blocked ting, pursuant to law, the report of a rule en- S. 1382: A bill to amend title 11, District of assets of terrorists, terrorist organizations, titled ‘‘Clean Air Act Full Approval of the Columbia Code, to redesignate the Family and state sponsors of terrorism; to the Com- Title V Operating Permit Programs for Thir- Division of the Superior Court of the District mittee on the Judiciary. ty-Four California Air Pollution Control Dis- of Columbia as the Family Court of the Su- By Mrs. BOXER (for herself and Mrs. tricts’’ (FRL7113–5) received on December 3, perior Court, to recruit and retain trained FEINSTEIN): 2001; to the Committee on Environment and and experienced judges to serve in the Fam- S. 1773. A bill to designate the Richard J. Public Works. ily Court, to promote consistency and effi- Guadagno Headquarters and Visitors Center EC–4836. A communication from the Prin- ciency in the assignment of judges to the at Humboldt Bay National Wildlife Refuge, cipal Deputy Associate Administrator of the Family Court and in the consideration of ac- California; to the Committee on Environ- Environmental Protection Agency, transmit- tions and proceedings in the Family Court, ment and Public Works. ting, pursuant to law, the report of a rule en- and for other purposes. (Rept. No. 107–107). By Mr. CORZINE (for himself and Mr. titled ‘‘Clean Air Act Full Approval; Oper- H.R. 2657: A bill to amend title 11, District TORRICELLI): S. 1774. A bill to accord honorary citizen- ating Permit Programs for the State of of Columbia Code, to redesignate the Family ship to the alien victims of September 11, Texas’’ (FRL7113–6) received on December 3, Division of the Superior Court of the District of Columbia as the Family Court of the Su- 2001, terrorist attacks against the United 2001; to the Committee on Environment and States and to provide for the granting of perior Court, to recruit and retain trained Public Works. citizenship to the alien spouses and children and experienced judges to serve in the Fam- EC–4837. A communication from the Prin- of certain victims of such attacks; to the ily Court, to promote consistency and effi- cipal Deputy Associate Administrator of the Committee on the Judiciary. ciency in the assignment of judges to the Environmental Protection Agency, transmit- By Mr. HUTCHINSON: ting, pursuant to law, the report of a rule en- Family Court and in the consideration of ac- S. 1775. A bill to prevent plant enterprise titled ‘‘Clean Air Act Full Approval of Oper- tions and proceedings in the Family Court, terrorism; to the Committee on the Judici- ating Permit Program; New York’’ and for other purposes. (Rept. No. 107–108). ary. (FRL7113–3) received on December 3, 2001; to By Mr. INOUYE, from the Committee on By Mr. CORZINE (for himself and Mr. the Committee on Environment and Public Appropriations: TORRICELLI): Works. Report to accompany H.R. 3338, A bill S. 1776. A bill to provide for the naturaliza- EC–4838. A communication from the Prin- making appropriations for the Department tion of Deena Gilbey; to the Committee on cipal Deputy Associate Administrator of the of Defense for the fiscal year ending Sep- the Judiciary. Environmental Protection Agency, transmit- tember 30, 2002, and for other purposes. By Mrs. CLINTON (for herself, Mr. ting, pursuant to law, the report of a rule en- (Rept. No. 107–109). LEAHY, and Mr. SPECTER): titled ‘‘Clean Air Act Full Approval of Oper- f S. 1777. A bill to authorize assistance for ating Permit Program; New Jersey’’ individuals with disabilities in foreign coun- (FRL7113–1) received on December 3, 2001; to INTRODUCTION OF BILLS AND tries, including victims of landmines and the Committee on Environment and Public JOINT RESOLUTIONS other victims of civil strife and warfare, and Works. The following bills and joint resolu- for other purposes; to the Committee on For- EC–4839. A communication from the Prin- tions were introduced, read the first eign Relations. cipal Deputy Associate Administrator of the and second times by unanimous con- f Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- sent, and referred as indicated: SUBMISSION OF CONCURRENT AND titled ‘‘Clean Air Act Full Approval of the By Mr. DASCHLE (for himself and Mr. SENATE RESOLUTIONS Operating Permits Program; Arizona Depart- BINGAMAN): The following concurrent resolutions ment of Environmental Quality, Maricopa S. 1766. A bill to provide for the energy security of the Nation , and for other purposes; and Senate resolutions were read, and County Environmental Services Department, referred (or acted upon), as indicated: Pima County Department of Environmental read the first time. Quality, Arizona’’ (FRL7113–4) received on By Mr. KENNEDY (for himself and Mr. By Mr. CLELAND (for himself, Mr. December 3, 2001; to the Committee on Envi- MCCAIN): FEINGOLD, Mr. ALLEN, Mr. COCHRAN, ronment and Public Works. S. 1767. A bill to amend title 38, United Mr. MILLER, and Mr. AKAKA): S. Res. 187. A resolution commending the EC–4840. A communication from the Prin- States Code, to provide that certain service staffs of Members of Congress, the Capitol cipal Deputy Associate Administrator of the in the American Field Service ambulance Police, the Office of the Attending Physician Environmental Protection Agency, transmit- corps shall be considered active duty for the and his health care staff, and other members ting, pursuant to law, the report of a rule en- purposes of all laws administered by the Sec- of the Capitol Hill community for their cour- titled ‘‘Clean Air Act Full Approval of Title retary of Veteran’s Affairs, and for other purposes; to the Committee on Veterans’ Af- age and professionalism during the days and V Operating Permits Programs; Clark Coun- weeks following the release of anthrax in ty Department of Air Quality Management, fairs. By Mrs. FEINSTEIN (for herself and Senator Daschle’s office; to the Committee Washoe County District Health Department, on Governmental Affairs. and Nevada Division of Environmental Pro- Mrs. BOXER): S. 1768. A bill to authorize the Secretary of By Mr. BIDEN (for himself, Mr. tection, Nevada’’ (FRL7113–8) received on De- DASCHLE, Mr. LOTT, Mr. BAYH, Mr. cember 3, 2001; to the Committee on Environ- the Interior to implement the Calfed Bay- Delta Program; to the Committee on Energy BOND, Mrs. BOXER, Mr. BROWNBACK, ment and Public Works. Mrs. CARNAHAN, Mr. CARPER, Mr. EC–4841. A communication from the Prin- and Natural Resources. DODD, Mr. DORGAN, Mr. DURBIN, Mr. cipal Deputy Associate Administrator of the By Mrs. BOXER: EDWARDS, Mr. GRAHAM, Mr. HATCH, Environmental Protection Agency, transmit- S. 1769. A bill to authorize the Secretary of Mr. HUTCHINSON, Mr. KERRY, Mr. ting, pursuant to law, the report of a rule en- the Army to carry out a project for flood KOHL, Mr. LEVIN, Mr. LIEBERMAN, Mr. titled ‘‘Approval of Promulgation of Air protection and ecosystem restoration for MCCONNELL, Ms. MIKULSKI, Mr. MUR- Quality Implementation Plans; Connecticut; Sacramento, California, and for other pur- KOWSKI, Mrs. MURRAY, Mr. NELSON of Revisions to State Plan for Municipal Waste poses; to the Committee on Environment and Florida, Mr. SARBANES, Mr. STEVENS, Combustors and Incorporation of Regulation Public Works. Mr. THOMAS, Mr. THOMPSON, and Mr. into State Implementation Plan for Ozone’’ By Mr. LEAHY: S. 1770. A bill to implement the Inter- TORRICELLI): (FRL7106–4) received on December 3, 2001; to national Convention for the Suppression of S. Con. Res. 88. A concurrent resolution ex- the Committee on Environment and Public Terrorist Bombings to strengthen criminal pressing solidarity with Israel in the fight Works. laws relating to attacks on places of public against terrorism; considered and agreed to. EC–4842. A communication from the Prin- use, to implement the International Conven- cipal Deputy Associate Administrator of the f tion of the Suppression of the Financing of Environmental Protection Agency, transmit- Terrorism, to combat terrorism and defend ADDITIONAL COSPONSORS ting, pursuant to law, the report of a rule en- the Nation against terrorist acts, and for S. 321 titled ‘‘Clean Air Act Full Approval of the other purposes; to the Committee on the Ju- Operating Permits Program in Alaska’’ At the request of Mr. GRASSLEY, the diciary. (FRL7113–9) received on December 3, 2001; to name of the Senator from Nevada (Mr. By Mr. TORRICELLI (for himself and the Committee on Environment and Public ENSIGN) was added as a cosponsor of S. Mr. CORZINE): Works. 321, a bill to amend title XIX of the So- S. 1771. A bill to designate the facility of f the United States Postal Service located at cial Security Act to provide families of disabled children with the opportunity REPORTS OF COMMITTEES 65 North Main Street in Cranbury, New Jer- sey, as the ‘‘Todd Beamer Post Office Build- to purchase coverage under the med- The following reports of committees ing’’; to the Committee on Governmental Af- icaid program for such children, and were submitted: fairs. for other purposes.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12448 CONGRESSIONAL RECORD — SENATE December 5, 2001 S. 556 kota (Mr. JOHNSON) was added as a co- AMENDMENT NO. 2157 At the request of Mr. JEFFORDS, the sponsor of S. 1679, a bill to amend title At the request of Mr. MCCAIN, the name of the Senator from Minnesota XVIII of the Social Security Act to ac- names of the Senator from Delaware (Mr. WELLSTONE) was added as a co- celerate the reduction on the amount (Mr. BIDEN) and the Senator from Kan- sponsor of S. 556, a bill to amend the of beneficiary copayment liability for sas (Mr. BROWNBACK) were added as co- Clean Air Act to reduce emissions from medicare outpatient services. sponsors of amendment No. 2157 in- electric powerplants, and for other pur- S. 1707 tended to be proposed to H.R. 3090, a poses. At the request of Mr. DURBIN, his bill to provide tax incentives for eco- S. 697 name was added as a cosponsor of S. nomic recovery. At the request of Mr. HATCH, the 1707, a bill to amend title XVIII of the f name of the Senator from Ohio (Mr. Social Security Act to specify the up- VOINOVICH) was added as a cosponsor of STATEMENTS ON INTRODUCED date for payments under the medicare BILLS AND JOINT RESOLUTIONS S. 697, a bill to modernize the financing physician fee schedule for 2002 and to of the railroad retirement system and direct the Medicare Payment Advisory By Mr. DASCHLE (for himself to provide enhanced benefits to em- Commission to conduct a study on re- and Mr. BINGAMAN): ployees and beneficiaries. placing the use of the sustainable S. 1766. A bill to provide for the en- S. 1067 growth rate as a factor in determining ergy security of the Nation, and for At the request of Mr. GRASSLEY, the such update in subsequent years. other purposes; read the first time. name of the Senator from Nevada (Mr. At the request of Mr. THOMAS, his Mr. JOHNSON. Mr. President, I rise ENSIGN) was added as a cosponsor of S. name was added as a cosponsor of S. in strong support of the comprehensive 1067, a bill to amend the Internal Rev- 1707, supra. energy bill that is being introduced enue Code of 1986 to expand the avail- At the request of Mr. JEFFORDS, the today. ability of Archer medical savings ac- names of the Senator from Utah (Mr. As we all know, there has been a counts. HATCH), the Senator from Illinois (Mr. great deal of discussion this year about S. 1119 FITZGERALD), and the Senator from the nation’s energy situation. The in- At the request of Mr. LEAHY, the Michigan (Mr. LEVIN) were added as co- creasing volatility in gasoline and die- name of the Senator from Delaware sponsors of S. 1707, supra. sel prices and the growing tension in the world from the terrorist attacks (Mr. BIDEN) was added as a cosponsor of S. 1738 have affected all of us. There is a clear S. 1119, a bill to require the Secretary At the request of Mr. KERRY, the of Defense to carry out a study of the names of the Senator from Ohio (Mr. need for energy policies that ensure long term planning, homeland security, extent to the coverage of members of VOINOVICH) and the Senator from the Selected Reserve of the Ready Re- fuel diversity and a focus on new tech- Maine (Ms. COLLINS) were added as co- serve of the Armed Forces under health sponsors of S. 1738, a bill to amend title nologies. To this end, I am very pleased that a benefits plans and to submit a report XVIII of the Social Security Act to comprehensive energy bill has been in- on the study of Congress, and for other provide regulatory relief, appeals proc- troduced in the Senate by my South purposes. ess reforms, contracting flexibility, Dakota colleague, Senator TOM S. 1379 and education improvements under the DASCHLE. The bill is the result of many At the request of Mr. KENNEDY, the medicare program, and for other pur- months of hard work by the Majority name of the Senator from Massachu- poses. setts (Mr. KERRY) was added as a co- Leader and the chairmen of the com- S. 1745 sponsor of S. 1379, a bill to amend the mittees of jurisdiction, including Sen- At the request of Mrs. LINCOLN, the Public Health Service Act to establish ator JEFF BINGAMAN, the chairman of name of the Senator from New York an Office of Rare Diseases at the Na- the Energy Committee, of which I am a tional Institutes of Health, and for (Mrs. CLINTON) was added as a cospon- member. They have listened to the con- other purposes. sor of S. 1745, a bill to delay until at cerns of both those who run our energy least January 1, 2003, any changes in S. 1578 systems and our constituents in medicaid regulations that modify the At the request of Mr. DORGAN, the crafting the legislation. The result is a medicaid upper payment limit for non- name of the Senator from Illinois (Mr. balanced and thorough product that State Government-owned or operated DURBIN) was added as a cosponsor of S. addresses most of the major segments 1578, a bill to preserve the continued vi- hospitals. of the energy system and looks ahead ability of the United States travel in- S. 1752 to the needs of future. dustry. At the request of Mr. CORZINE, the The bill covers a number of impor- S. 1663 name of the Senator from Massachu- tant areas, including incentives to in- At the request of Mrs. CLINTON, the setts (Mr. KERRY) was added as a co- crease oil and gas production and the name of the Senator from New Mexico sponsor of S. 1752, a bill to amend the nation’s supplies of traditional fuels, (Mr. BINGAMAN) was added as a cospon- Public Health Service Act with respect streamlining of electricity systems and sor of S. 1663, a bill to amend title 4, to facilitating the development of regulations, important environmental United States Code, to add National microbicides for preventing trans- and conservation measures, and provi- Korean War Veterans Armistice Day to mission of HIV and other sexually sions to increase efficiency of vehicles the list of days on which the flag transmitted diseases. and appliances. should especially be displayed. S. 1765 One of the key provisions in the bill S. 1678 At the request of Mr. FRIST, the is the inclusion of a renewable fuels At the request of Mr. MCCAIN, the names of the Senator from Hawaii (Mr. standard. Earlier this year, I intro- names of the Senator from Delaware INOUYE), the Senator from Michigan duced a bill with Senator CHUCK HAGEL (Mr. BIDEN) and the Senator from Kan- (Mr. LEVIN), and the Senator from Ala- of Nebraska, the Renewable Fuels for sas (Mr. BROWNBACK) were added as co- bama (Mr. SESSIONS) were added as co- Energy Security Act of 2001 (S. 1006), to sponsors of S. 1678, a bill to amend the sponsors of S. 1765, a bill to improve ensure future growth for ethanol and Internal Revenue Code of 1986 to pro- the ability of the United States to pre- biodiesel through the creation of a new vide that a member of the uniformed pare for and respond to a biological renewable fuels content standard in all services or the Foreign Service shall be threat or attack. motor fuel produced and used in the treated as using a principal residence S.J. RES. 29 U.S. I am pleased the framework of while away from home on qualified of- At the request of Mr. HATCH, the this bill is included in the comprehen- ficial extended duty in determining the name of the Senator from New York sive energy legislation. exclusion of gain from the sale of such (Mrs. CLINTON) was added as a cospon- Today, ethanol and biodiesel com- residence. sor of S.J. Res. 29, a joint resolution prise less than one percent of all trans- S. 1679 amending title 36, United States Code, portation fuel in the United States. 1.8 At the request of Mr. CONRAD, the to designate September 11 as Patriot billion gallons is currently produced in name of the Senator from South Da- Day. the U.S. The energy bill’s language

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12449 would require that five billions gallons Senator DASCHLE for their leadership complexity of CAFE issues. I look for- of transportation fuel be comprised of on the introduction of a comprehensive ward to reporting back in a few months renewable fuel by 2012—nearly a tri- energy bill today, the Energy Policy with a solid piece of legislation, com- pling of the current ethanol and renew- Act of 2001. This bill has many compo- piled through the entire Commerce able fuel production. nents, and it required a great deal of Committee, to fill the current There are great benefits of ethanol coordination and effort to compile placeholder in the energy bill. and renewable fuels for the environ- pieces that address issues that cut ment and the economies of rural com- across committee lines. I appreciate By Mr. KENNEDY (for himself munities. We have many ethanol plants their efforts in this regard. and Mr. MCCAIN): in South Dakota and more are being As chairman of the Committee on S. 1767. A bill to amend title 38, planned. These farmer-owned ethanol Commerce, Science, and Transpor- United States Code, to provide that plants in South Dakota, and in neigh- tation, I am particularly pleased to see certain service in the American Field boring states, demonstrate the hard several areas of coverage in the bill. Service ambulance corps shall be con- work and commitment to serve a grow- This bill incorporates many climate sidered active duty for the purposes of ing market for clean domestic fuels. science and technology provisions from all laws administered by the Secretary Based on current projections, con- a bill Senators KERRY, STEVENS, of Veterans’ Affairs, and for other pur- struction of new plants will generate INOUYE, AKAKA, and I recently intro- poses; to the Committee on Veterans’ $900 million in capital investment and duced, S. 1716, the Global Climate Affairs. Mr. KENNEDY. Mr. President, it’s a tens of thousands of construction jobs Change Act of 2001. These provisions privilege to join Senator MCCAIN in in- to rural communities. For corn farm- will improve our climate monitoring, troducing the American Field Service ers, the price of corn is expected to rise measurement, research, and tech- Recognition Act to correct the long- between 20 and 30 cents per bushel. nology so that we are better able to standing injustice suffered by these Farmers will have the opportunity to discern climate change, understand its courageous World War II veterans who invest in these ethanol plants to cap- patterns, and manage its effects. In ad- saved the lives of so many American ture a greater piece of the ‘‘value dition, it contains provisions that and Allied service members, but who chain.’’ would establish a service to provide ex- have long been denied the veterans Combine this with the provisions of pert, unbiased technology advice to benefits that they need and deserve. the energy bill and the potential eco- Congress, which we have sorely lacked since the Office of Technology Assess- The American Field Service was a nomic impact for South Dakota is tre- corps of nearly 2200 Americans, who mendous. Today, 3 ethanol plants in ment was abolished in 1995. In addition, there is a placeholder in drove ambulances into combat zones South Dakota (Broins in Scotland and where American and Allied troops Heartland Grain Fuels in Aberdeen and the bill for a CAFE provision. In 1975, I co-sponsored the legislation that be- fought between 1939 and 1945. Twenty- Huron) produce nearly 30 million gal- seven were killed, seventy-one were lons per year. With the enactment of a came the current CAFE law. I was also very involved in efforts during the wounded, and at least twenty-three renewable fuels standard, the produc- 101st and 102nd Congresses to increase were captured during that time. tion in South Dakota could grow sub- CAFE standards. I am pleased to report The AFS members were volunteers stantially, with at least 2000 farmers that the Commerce Committee is again who wanted to contribute to the war owning ethanol plants and producing taking up the issue of fuel economy effort, but many were ineligible for 200 million gallons of ethanol per year standards. In fact, we will be holding a service in the U.S. Armed Forces be- or more. hearing on this topic tomorrow morn- cause of their age or their physical dis- An important but under-emphasized ing. ability. The AFS received substantial fuel is biodiesel, which is chiefly pro- The Committee is embarking on a support from the American govern- duced from excess soybean oil. We all process to develop a strong and tech- ment and its personnel were assigned know that soybean prices are hovering nically feasible CAFE proposal that in the theaters of North Africa, West- near historic lows. Biodiesel produc- will strengthen our domestic and eco- ern Europe, and India-Burma. During tion is small but has been growing nomic security. Such a provision must the war, the AFS evacuated approxi- steadily. The renewable fuels standard achieve oil savings to reduce our petro- mately 700,000 wounded on these fronts. would greatly increase the prospects leum consumption and dependence on Their application under a 1970’s law for biodiesel production and benefit imported oil. It also must ensure that for veterans’ benefits was finally, but soybean farmers from South Dakota our automotive industry remains tech- only partially, approved in 1990. The re- and other states. nically competitive. This is quite a quest for eligibility was that each AFS Moreover, the enactment of a renew- challenge, but it is an issue that must driver must have served under direct able fuels standards would greatly in- be addressed. U.S. Army command during prescribed crease the nation’s energy security. The CAFE measures originally arose periods of time. The result was to ex- Greater usage of renewable fuels would out of concern for the nation’s energy clude AFS drivers who served in displace the level of foreign oil that we security following the oil crisis of the France and North Africa before Janu- currently use. During these difficult early 1970s. When the U.S. first pursued ary 1943, half of the drivers who served times, it is imperative that we find CAFE, imported oil accounted for 36 in Italy, and all who served in the ways to improve the nation’s energy percent of the nation’s oil use; today India-Burma Theater. Overall, because security and reduce our dependence on imported oil accounts for 56 percent of of this narrow interpretation of the foreign oil. A renewable fuels standard U.S. oil use. Twenty-eight percent of law, fifty percent of the drivers who would go a long way towards achieving our nation’s total oil consumption is served under fire were denied benefits this goal. used in the transportation sector. given to other drivers who served in The House passed an energy bill Since CAFE was implemented in 1975, other combat regions. without any provisions for a renewable we have seen an approximate doubling Sadly, AFS drivers are passing away fuels standard. Moreover, the House in the fuel economy of the nation’s ve- at an increasingly rapid rate. There are looks backward by focusing too heavily hicle fleet. In 2000 alone, we saved over currently 631 living drivers from World on tax breaks for traditional fuel sup- 3 million barrels of oil per day because War II on the AFS roster, and 198 of plies without enough encouragement of the fuel economy gains made since them are still ineligible for benefits, for new technologies and provisions the mid-1970s. Clearly, a comprehensive including six who have recently passed that will reduce our dependency on for- energy policy must incorporate provi- away without access to VA medical eign oil. The Senate bill achieves the sions to reduce energy use in the trans- care. Clearly, these courageous vet- right balance for the nation’s future. I portation sector—a goal that I believe erans, such as Clifford Bissler of Stu- commend Senators DASCHLE and can best be achieved by using techno- art, FL, who lost a leg and received BINGAMAN for their efforts and look logical advances to boost the fuel econ- two Purple Hearts for his service in the forward to enacting the bill. omy of passenger vehicles. India-Burma Theater, deserve the help Mr. HOLLINGS. Mr. President, I I appreciate that Senator BINGAMAN and recognition that this legislation want to thank Senator BINGAMAN and and Senator DASCHLE recognized the will bring.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12450 CONGRESSIONAL RECORD — SENATE December 5, 2001 In 1943, President Roosevelt wrote to the same time restoring our fish, wild- International Convention of the Sup- the leader of AFS and said of the driv- life and environment. What has made pression of the Financing of Terrorism, ers, ‘‘In serving our allies, they serve CALFED work is that it employs a to combat terrorism and defend the Na- America.’’ It is long, long past time for consensus approach that balances the tion against terrorist acts, and for Congress to finally recognize the con- needs of these various interests. other purposes; to the Committee on tributions of all of these dedicated This bill stays true to that balanced the Judiciary. Americans who served during World approach. It authorizes the continu- Mr. LEAHY. Mr. President, I rise to War II, granting them the veteran’s ation of the CALFED program over the introduce the Terrorist Bombing Con- benefits and assistance that they very next 5 years and provides for a federal vention Implementation Act of 2001 much need and deserve. If you would contribution of $2.4 billion over that and the Suppression of the Financing like to cosponsor this bill, please con- time period. The bill requires that the of Terrorism Convention Implementa- tact us or have your staff contact CALFED program goals of protecting tion Act of 2001. This bill would bring Duane Seward at 224–2008. drinking water quality, restoring eco- the United States into indisputable and logical health, improving water supply immediate compliance with two impor- By Mrs. FEINSTEIN (for herself reliability, and protecting Delta levees tant international conventions, which and Mrs. BOXER): progress in a balanced manner. The bill were signed by the United States and S. 1768. A bill to authorize the Sec- describes a detailed set of reports that transmitted to the U.S. Senate for rati- retary of the Interior to implement the should be provided to Congress prior to fication by President Clinton. Both Calfed Bay-Delta Program; to the Com- approving any project costing over $10 Conventions were entered into after mittee on Energy and Natural Re- million. This reporting process is de- the terrorist bombings at the United sources. signed to ensure that major projects States embassies in Kenya and Tan- Mrs. FEINSTEIN. Mr. President, are not approved until the environ- zania. The bill also contains a provi- today I am introducing a bill to au- mental and economic impacts are sion which would enhance the ability thorize the CALFED Bay Delta Pro- clearly understood. of law enforcement authorities to work gram. I am pleased that Senator BOXER I believe CALFED offers the best with their foreign counterparts in has agreed to co-sponsor this bill with hope for ending California’s intractable fighting sophisticated international me. The bill that I am introducing water wars. This bill will ensure that criminal organizations by sharing wire- today is also supported by Senator the CALFED program can continue its tap information when appropriate. BINGAMAN, the chairman of the Senate good work. The International Convention for the Energy and Natural Resources Com- Suppression of Terrorist Bombings, mittee. He has committed to helping By Mrs. BOXER: ‘‘Bombing Convention’’, was adopted move this bill through his committee S. 1769. A bill to authorize the Sec- by the United Nations General Assem- and hopefully through the Senate. retary of the Army to carry out a bly in December 1997 and signed by the The most important thing about this project for flood protection and eco- United States in January 1998. In Sep- new bill is that it fully authorizes the system restoration for Sacramento, tember 1999, it was transmitted to the CALFED Record of Decision and all the California, and for other purposes; to Senate by President Clinton for ratifi- projects associated with it with Fed- the Committee on Environment and cation. eral costs of less than $10 million. Any Public Works. The International Convention for the projects of more than $10 million that Mrs. BOXER. S. 1769, Mr. President, I Suppression of Financing Terrorism, are ready to be constructed will be re- am introducing a bill to improve flood ‘‘Financing Convention’’, was adopted ported to the authorizing committees protection in Sacramento. This is a by the United Nations General Assem- in a package every 2 years. companion bill to one that Representa- bly in December 1999 and signed by the This bill authorizes $2.4 billion to tive MATSUI is introducing today in the United States in January 2000. In Octo- cover the one-third Federal share of House. ber 2000, it was transmitted to the Sen- the CALFED program. The State and Currently, Sacramento only has an ate by President Clinton for ratifica- water users will each be responsible for 85-year flood protection. This bill tion. the other two-thirds. would raise the existing walls of Fol- California’s population is 35 million som Dam by 7 feet, which would im- Under the chairmanship of Senator today and could reach 50 million within prove flood protection to 213 years. BIDEN, the Foreign Relations Com- the next 20 years. There simply is not Without this improvement, $40 billion mittee has moved expeditiously to re- enough water in the system to meet of property, including the California port these conventions to the full Sen- the future demand. CALFED is the best State Capitol, 6 major hospitals, 26 ate. Once ratified, they should be swift- hope we have to increase our water nursing home facilities, over 100 ly implemented. The passage of the supply, preserve the environment and schools, three major freeway systems, proposed implementing legislation protect against a water emergency. I and approximately 160,000 homes and which I introduce today would ensure don’t believe we can wait any longer. apartments, are at risk of a dev- that the United States is in immediate Mrs. BOXER. I am very pleased to be astating flood. compliance with these international joining Senator FEINSTEIN today in the For a city of its size, Sacramento obligations relating to terrorism. introduction of a bill that will help ad- falls shockingly below the 400 year- Both conventions require signatory dress California’s water needs. We have level of flood protection enjoyed by nations to adopt criminal laws prohib- worked closely together on this effort other river cities such as St. Louis, Ta- iting specified terrorist activities in over the last year and I believe that coma, Dallas, and Kansas City. The order to create a regime of universal this bill will help the CALFED pro- Folsom mini raise is the critical next jurisdiction over certain crimes. Arti- gram move forward in the right direc- step in providing Sacramento with an cles 2 and 4 of the Bombing Convention tion. adequate level of flood protection. require signatory countries to crim- In California, as in many parts of the Next year, the Environment and Pub- inalize the delivery, placement, dis- West, water is our lifeblood. For dec- lic Works Committee, of which I am a charge or detonation of explosives and ades, water allocation was conducted member, will reauthorize the Water other lethal devices, ‘‘in, into, or through endless appeals and lawsuits, Resources and Development Act. I hope against’’ various defined public places and divisive ballot initiatives. Such this bill will be included as part that with the intent to kill, cause serious battles were painful and, they pre- legislation. bodily injury, or extensively damage vented us from finding real solutions to such public places. The Bombing Con- our state’s very real water problems. By Mr. LEAHY: vention also requires that signatories In 1994, a new state-federal partner- S. 1770. A bill to implement the Inter- criminalize aiding and abetting, at- ship program called CALFED promised national Convention for the Suppres- tempting, or conspiring to commit a better way—a plan to provide reli- sion of Terrorist Bombings to strength- such crimes. able, clean water to farms, businesses, en criminal laws relating to attacks on Articles 2 and 4 of the Financing Con- and millions of Californians while at places of public use, to implement the vention require signatory countries to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12451 criminalize willfully ‘‘providing or col- should come as no surprise, given There being no objection, the mate- lecting’’ funds, directly or indirectly, international sentiment opposing the rial was ordered to be printed in the with knowledge that they are to be United States’ use of the death penalty RECORD, as follows: used to carry out acts which either 1. in other contexts. Indeed, the inclusion S. 1770 violate nine enumerated existing trea- of a death penalty provision in the im- Be it enacted by the Senate and House of Rep- ties, or 2. are aimed at killing or injur- plementing legislation for these con- resentatives of the United States of America in ing civilians with the purpose of in- ventions could lead to complications in Congress assembled, timidating a population or compelling extraditing individuals to the United TITLE I—SUPPRESSION OF TERRORIST a government to do any act. The Fi- States from countries that do not em- BOMBINGS nancing Convention also requires that ploy the death penalty. Therefore, un- SEC. 101. SHORT TITLE. signatories criminalize aiding and like the House version of the imple- This title may be cited as the ‘‘Terrorist abetting, attempting, or conspiring to menting legislation, the Senate version Bombings Convention Implementation Act of 2001’’. commit such crimes. Signatories must contains no new death penalty provi- criminalize such acts under Article 2 SEC. 102. BOMBING STATUTE. sion. (a) OFFENSE.—Chapter 113B of title 18, whether or not ‘‘the funds were actu- Unlike H.R. 3275, the bill does not United States Code, relating to terrorism, is ally used to carry out’’ such an offense. contain a third crime for ‘‘conceal- amended by adding at the end thereof the Both conventions require that signa- ment’’ of material support for terror- following new section: tory nations exercise limited ists. The Department of Justice has ‘‘§ 2332f. Bombings of places of public use, extraterritorial jurisdiction and extra- conceded in the memorandum which it government facilities, public transportation dite or prosecute those who commit provided to Congress that this provi- systems and infrastructure facilities such crimes when found inside their sion is not necessary to bring the ‘‘(a) OFFENSES.— borders. The conventions also require United States into compliance with the ‘‘(1) IN GENERAL.—Whoever unlawfully de- that signatories ensure that, under conventions. Indeed, in the wake of the livers, places, discharges, or detonates an ex- their domestic laws, political, reli- plosive or other lethal device in, into, or passage of similar provisions in the against a place of public use, a state or gov- gious, ideological, racial or other simi- USA Patriot Act, P.L. No. 107–56, such ernment facility, a public transportation lar considerations are not a justifica- legislation is not needed. Furthermore, system, or an infrastructure facility— tion for committing the enumerated although a similar provision is cur- ‘‘(A) with the intent to cause death or seri- crimes. Thus, signatory nations will rently set forth in 18 U.S.C. § 2339A, the ous bodily injury, or not be able to assert such bases to deny House bill provides a lower mens rea re- ‘‘(B) with the intent to cause extensive dean extradition request for a covered quirement than that law; an important struction of such a place, facility, or system, crime. Finally, Article 4 of each con- change which was not highlighted in where such destruction results in or is likely vention requires that signatory states to result in major economic loss, shall be the Administration materials provided punished as prescribed in subsection (c). make the covered offenses ‘‘punishable explaining the proposal. ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- by appropriate penalties which take Finally, the Senate bill contains an ever attempts or conspires to commit an of- into account the grave nature of [the] important new tool for international fense under paragraph (1) shall be punished offenses.’’ cooperation between law enforcement as prescribed in subsection (c). This proposed implementation legis- which is not included in H.R. 3275. Cur- ‘‘(b) JURISDICTION.—There is jurisdiction lation, consistent with the House rently, there is no clear statutory au- over the offenses in subsection (a) if— version of this bill, H.R. 3275, creates thority which allows domestic law en- ‘‘(1) the offense takes place in the United two new crimes, one for bombings and States and— forcement agents to share Title III ‘‘(A) the offense is committed against an- another for financing terrorist acts, wiretap information with foreign law other state or a government facility of such that would track precisely the lan- enforcement counterparts. This may state, including its embassy or other diplo- guage in the treaties, and bring the create problems when, for example, the matic or consular premises of that state; United States into undisputed compli- DEA wants to alert Colombian authori- ‘‘(B) the offense is committed in an at- ance. The bill would also provide ties that a cocaine shipment is about tempt to compel another state or the United extraterritorial jurisdiction as re- to leave a Colombian port but the in- States to do or abstain from doing any act; quired by the conventions. Further- formation is derived from a Title III ‘‘(C) at the time the offense is committed, more the bill would create domestic ju- it is committed— wiretap. ‘‘(i) on board a vessel flying the flag of an- risdiction for these crimes in limited This bill would clarify the authority other state; situations where a national interest is for sharing wiretap derived informa- ‘‘(ii) on board an aircraft which is reg- implicated, while excluding jurisdiction, specifically in the Title III con- istered under the laws of another state; or tion over acts where the convention text. The bill provides a clear mecha- ‘‘(iii) on board an aircraft which is oper- does not require such jurisdiction and nism through which law enforcement ated by the government of another state; there is no distinct federal interest may share wiretap information with ‘‘(D) a perpetrator is found outside the served. foreign law enforcement, while at the United States; The bill, again consistent with the same time ensuring that there are ap- ‘‘(E) a perpetrator is a national of another H.R. 3275, also contains ‘‘ancillary pro- state or a stateless person; or propriate safeguards to protect this ‘‘(F) a victim is a national of another state visions’’ that would make the two new sensitive information against misuse. or a stateless person; crimes predicates for money laun- It adds a subsection to 18 U.S.C. § 2517, ‘‘(2) the offense takes place outside the dering charges, wiretaps, RICO that permits disclosure of wiretap in- United States and— charges, an 8-year statute of limita- formation to foreign officials (1) with ‘‘(A) a perpetrator is a national of the tions, include them as ‘‘federal crimes judicial approval, (2) in such a manner United States or is a stateless person whose of terrorism,’’ and make civil asset for- and under such conditions as a court habitual residence is in the United States; feiture available for the new terrorism may direct, and (3) consistent with At- ‘‘(B) a victim is a national of the United financing crime. Existing laws which States; torney General guidelines on how the ‘‘(C) a perpetrator is found in the United relate to similar crimes are predicates information may be used to protect States; for each of these tools, and providing confidentiality. This clarification will ‘‘(D) the offense is committed in an at- law enforcement with these ancillary provide an additional tool to inves- tempt to compel the United States to do or provisions is both consistent and ap- tigate international criminal enter- abstain from doing any act; propriate. prises and to seek the assistance of for- ‘‘(E) the offense is committed against a Neither international convention re- eign law enforcement in our efforts. state or government facility of the United quires a death penalty provision for For all of these reasons, I am pleased States, including an embassy or other diplo- any covered crime, and the Department to introduce this legislation and I urge matic or consular premises of the United of Justice has provided a memorandum States; its swift enactment into law. ‘‘(F) the offense is committed on board a to Congress, in response to a request I ask unanimous consent that the vessel flying the flag of the United States or for its views, that such a provision text of the bill be printed in the an aircraft which is registered under the would not be required to bring the RECORD, along with the sectional anal- laws of the United States at the time the of- United States into compliance. This ysis. fense is committed; or

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12452 CONGRESSIONAL RECORD — SENATE December 5, 2001 ‘‘(G) the offense is committed on board an ‘‘(11) ‘armed conflict’ does not include in- ‘‘(i) a national of another state; or aircraft which is operated by the United ternal disturbances and tensions, such as ‘‘(ii) another state or a government facility States. riots, isolated, and sporadic acts of violence, of such state, including its embassy or other ‘‘(c) PENALTIES.—Whoever violates this and other acts of a similar nature; and diplomatic or consular premises of that section shall be imprisoned for any term of ‘‘(12) ‘state’ has the same meaning as that state; years or for life. term has under international law, and in- ‘‘(F) was directed toward or resulted in the ‘‘(d) EXEMPTIONS TO JURISDICTION.—This cludes all political subdivisions thereof.’’. carrying out of a predicate act committed in section does not apply to— (b) CLERICAL AMENDMENT.—The table of an attempt to compel another state or inter- ‘‘(1) the activities of armed forces during sections at the beginning of chapter 113B of national organization to do or abstain from an armed conflict, as those terms are under- title 18, United States Code, is amended by doing any act; or stood under the law of war, which are gov- adding at the end thereof the following: ‘‘(G) was directed toward or resulted in the erned by that law, ‘‘2332f. Bombings of places of public use, gov- carrying out of a predicate act— ‘‘(2) activities undertaken by military ernment facilities, public trans- ‘‘(i) outside the United States; or forces of a state in the exercise of their offi- portation systems and infra- ‘‘(ii) within the United States, and either cial duties; or structure facilities.’’. the offense or the predicate act was con- ‘‘(3) offenses committed within the United (c) DISCLAIMER.—Nothing contained in this ducted in, or the results thereof affected, States, where the alleged offender and the section is intended to affect the applicability interstate or foreign commerce; victims are United States citizens and the of any other Federal or State law which ‘‘(2) the offense takes place outside the alleged offender is found in the United might pertain to the underlying conduct. United States and— States, or where jurisdiction is predicated SEC. 103. EFFECTIVE DATE. ‘‘(A) a perpetrator is a national of the solely on the nationality of the victims or Section 102 shall take effect on the date United States or is a stateless person whose the alleged offender and the offense has no that the International Convention for the habitual residence is in the United States; substantial effect on interstate or foreign Suppression of Terrorist Bombings enters ‘‘(B) a perpetrator is found in the United commerce. into force for the United States. States; or ‘‘(e) DEFINITIONS.—As used in this section, ‘‘(C) was directed toward or resulted in the TITLE II—SUPPRESSION OF THE the term— carrying out of a predicate act against— FINANCING OF TERRORISM ‘‘(1) ‘serious bodily injury’ has the meaning ‘‘(i) any property that is owned, leased, or given that term in section 1365(g)(3) of this SEC. 201. SHORT TITLE. used by the United States or by any depart- title; This title may be cited as the ‘‘Suppression ment or agency of the United States, includ- ‘‘(2) ‘national of the United States’ has the of the Financing of Terrorism Convention ing an embassy or other diplomatic or con- meaning given that term in section 101(a)(22) Implementation Act of 2001’’. sular premises of the United States; of the Immigration and Nationality Act (8 SEC. 202. TERRORISM FINANCING STATUTE. ‘‘(ii) any person or property within the U.S.C. 1101(a)(22)); (a) IN GENERAL.—Chapter 113B of title 18, United States; ‘‘(3) ‘state or government facility’ includes United States Code, relating to terrorism, is ‘‘(iii) any national of the United States or any permanent or temporary facility or con- amended by adding at the end thereof the the property of such national; or veyance that is used or occupied by rep- following new section: ‘‘(iv) any property of any legal entity orga- resentatives of a state, members of Govern- ‘‘§ 2339C. Prohibitions against the financing nized under the laws of the United States, in- ment, the legislature or the judiciary or by of terrorism cluding any of its States, districts, common- officials or employees of a state or any other ‘‘(a) OFFENSES.— wealths, territories, or possessions; public authority or entity or by employees ‘‘(1) IN GENERAL.—Whoever, in a cir- ‘‘(3) the offense is committed on board a or officials of an intergovernmental organi- cumstance described in subsection (c), by vessel flying the flag of the United States or zation in connection with their official du- any means, directly or indirectly, unlawfully an aircraft which is registered under the ties; and willfully provides or collects funds with laws of the United States at the time the of- ‘‘(4) ‘intergovernmental organization’ in- the intention that such funds be used, or fense is committed; cludes international organization (as defined with the knowledge that such funds are to be ‘‘(4) the offense is committed on board an in section 1116(b)(5) of this title); used, in full or in part, in order to carry aircraft which is operated by the United ‘‘(5) ‘infrastructure facility’ means any out— States; or publicly or privately owned facility pro- ‘‘(A) an act which constitutes an offense ‘‘(5) the offense was directed toward or re- viding or distributing services for the benefit within the scope of a treaty specified in sub- sulted in the carrying out of a predicate act of the public, such as water, sewage, energy, section (e)(7), as implemented by the United committed in an attempt to compel the fuel, or communications; States, or United States to do or abstain from doing ‘‘(6) ‘place of public use’ means those parts ‘‘(B) any other act intended to cause death any act. of any building, land, street, waterway, or or serious bodily injury to a civilian, or to ‘‘(c) PENALTIES.—Whoever violates sub- other location that are accessible or open to any other person not taking an active part section (a) shall be fined under this title, im- members of the public, whether continu- in the hostilities in a situation of armed con- prisoned for not more than 20 years, or both. ously, periodically, or occasionally, and en- flict, when the purpose of such act, by its na- ‘‘(d) DEFINITIONS.—In this section— compasses any commercial, business, culture or context, is to intimidate a popu- ‘‘(1) the term ‘funds’ means assets of every tural, historical, educational, religious, gov- lation, or to compel a government or an kind, whether tangible or intangible, mov- ernmental, entertainment, recreational, or international organization to do or to ab- able or immovable, however acquired, and similar place that is so accessible or open to stain from doing any act, legal documents or instruments in any form, the public; shall be punished as prescribed in subsection including electronic or digital, evidencing ‘‘(7) ‘public transportation system’ means (d)(1). title to, or interest in, such assets, including all facilities, conveyances, and instrumental- ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- coin, currency, bank credits, travelers ities, whether publicly or privately owned, ever attempts or conspires to commit an of- checks, bank checks, money orders, shares, that are used in or for publicly available fense under paragraph (1) shall be punished securities, bonds, drafts, and letters of cred- services for the transportation of persons or as prescribed in subsection (d)(1). it; cargo; ‘‘(3) RELATIONSHIP TO PREDICATE ACT.—For ‘‘(2) the term ‘government facility’ means ‘‘(8) ‘explosive’ has the meaning given in an act to constitute an offense set forth in any permanent or temporary facility or con- section 844(j) of this title insofar that it is this subsection, it shall not be necessary veyance that is used or occupied by rep- designed, or has the capability, to cause that the funds were actually used to carry resentatives of a state, members of a govern- death, serious bodily injury, or substantial out a predicate act. ment, the legislature, or the judiciary, or by material damage; ‘‘(b) JURISDICTION.—There is jurisdiction officials or employees of a state or any other ‘‘(9) ‘other legal device’ means any weapon over the offenses in subsection (a) in the fol- public authority or entity or by employees or device that is designed or has the capa- lowing circumstances— or officials of an intergovernmental organi- bility to cause death, serious bodily injury, ‘‘(1) the offense takes place in the United zation in connection with their official du- or substantial damage to property through States and— ties; the release, dissemination, or impact of ‘‘(A) a perpetrator was a national of an- ‘‘(3) the term ‘proceeds’ means any funds toxic chemicals, biological agents, or toxins other state or a stateless person; derived from or obtained, directly or indi- (as those terms are defined in section 178 of ‘‘(B) on board a vessel flying the flag of an- rectly, through the commission of an offense this title) or radiation or radioactive mate- other state or an aircraft which is registered set forth in subsection (a); rial; under the laws of another state at the time ‘‘(4) the term ‘provides’ includes giving, do- ‘‘(10) ‘military forces of a state’ means the the offense is committed; nating, and transmitting; armed forces of a state which are organized, ‘‘(C) on board an aircraft which is operated ‘‘(5) the term ‘collects’ includes raising and trained, and equipped under its internal law by the government of another state; receiving; for the primary purpose of national defense ‘‘(D) a perpetrator is found outside the ‘‘(6) the term ‘predicate act’ means any act or security, and persons acting in support of United States; referred to in subparagraph (A) or (B) of sub- those armed forces who are under their for- ‘‘(E) was directed toward or resulted in the section (a)(1); mal command, control, and responsibility; carrying out of a predicate act against— ‘‘(7) the term ‘treaty’ means—

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12453 ‘‘(A) the Convention for the Suppression of 2339C(d)(7)(I) of title 18, United States Code, Twenty-eight States are currently party to Unlawful Seizure of Aircraft, done at The which shall become effective on the date the Convention, which entered into force Hague on December 16, 1970; that the International Convention for the internationally on May 23, 2001. The Conven- ‘‘(B) the Convention for the Suppression of Suppression of Terrorist Bombing enters tion requires State Parties to combat ter- Unlawful Acts against the Safety of Civil into force for the United States, section 202 rorism by criminalizing certain attacks on Aviation, done at Montreal on September 23, shall take effect on the date of enactment of public places committed with explosives or 1971; this Act. other lethal devices, including biological, ‘‘(C) the Convention on the Prevention and TITLE III—ANCILLARY MEASURES chemical and radiological devices. The Con- Punishment of Crimes against Internation- vention also requires that State Parties SEC. 301. ANCILLARY MEASURES. ally Protected Persons, including Diplomatic criminalize aiding and abetting, conspiring (a) WIRETAP PREDICATES.—Section Agents, adopted by the General Assembly of 2516(1)(q) of title 18, United States Code, is and attempting to undertake such terrorist the United Nations on December 14, 1973; amended by— attacks. ‘‘(D) the International Convention against (1) inserting ‘‘2332f,’’ after ‘‘2332d,’’; and SECTION 101. SHORT TITLE the Taking of Hostages, adopted by the Gen- (2) striking ‘‘or 2339B’’ and inserting Section 101 provides that title I may be eral Assembly of the United Nations on De- ‘‘2339B, or 2339C’’. cited as ‘‘The Terrorist Bombings Conven- cember 17, 1979; (b) FEDERAL CRIME OF TERRORISM.—Section tion Implementation Act of 2001.’’ ‘‘(E) the Convention on the Physical Pro- 2332b(g)(5)(B) of title 18, United States Code, SECTION 102. BOMBING STATUTE tection of Nuclear Material, adopted at Vi- is amended by— Section 102 adds a new section to the Fed- enna on March 3, 1980; (1) inserting ‘‘2332f (relating to bombing of ‘‘(F) the Protocol for the Suppression of eral criminal code, to be codified at 18 U.S.C. public places and facilities),’’ after ‘‘2332b § 2332f and entitled ‘‘Bombings of places of Unlawful Acts of Violence at Airports Serv- (relating to acts of terrorism transcending ing International Civil Aviation, supple- public use, government facilities, public national boundaries),’’; and transportation systems and infrastructure mentary to the Convention for the Suppres- (2) inserting ‘‘2339C (relating to financing sion of Unlawful Acts against the Safety of facilities,’’ which makes terrorist acts cov- of terrorism,’’ before ‘‘or 2340A (relating to ered by the Convention a crime. New section Civil Aviation, done at Montreal on Feb- torture)’’. ruary 24, 1988; 2332f supplements and does not supplant ex- (c) PROVIDING MATERIAL SUPPORT TO TER- isting Federal and State laws, and contains ‘‘(G) the Convention for the Suppression of RORISTS PREDICATE.—Section 2339A of title Unlawful Acts against the Safety of Mari- five subsections, which are described below. 18, United States Code, is amended by insert- Subsection (a) makes it a crime to unlaw- time Navigation, done at Rome on March 10, ing ‘‘2332f,’’ before ‘‘or 2340A’’. fully place or detonate an explosive in cer- 1988; (d) FORFEITURE OF FUNDS, PROCEEDS, AND tain public places and facilities with the in- ‘‘(H) the Protocol for the Suppression of INSTRUMENTALITIES.—Section 981(a)(1) of tent to cause death or serious bodily injury, Unlawful Acts against the Safety of Fixed title 18, United States Code, is amended by or with the intent to cause extensive de- Platforms located on the Continental Shelf, adding at the end the following: struction, where such destruction results in, done at Rome on March 10, 1988; or ‘‘(H) Any property, real or personal, in- or is likely to result in, major economic loss. ‘‘(I) the International Convention for the volved in a violation or attempted violation, Conspiracies and attempts to commit such Suppression of Terrorist Bombings, adopted or which constitutes or is derived from pro- crimes are also criminalized. This provision by the General Assembly of the United Na- ceeds traceable to a violation, of section implements Article 2, paragraphs 1, 2 and 3 tions on December 15, 1997; 2339C of this title.’’. of the Convention. ‘‘(8) the term ‘intergovernmental organiza- TITLE IV—DISCLOSURE OF INTERCEPTED Inclusion of the term ‘‘unlawfully’’ in sub- tion’ includes international organizations; WIRE, ORAL, OR ELECTRONIC COMMU- section (a), which is mirrored in Article 2 of ‘‘(9) the term ‘international organization’ NICATIONS TO FOREIGN LAW ENFORCE- the Convention defining the offenses, is in- has the same meaning as in section 1116(b)(5) MENT tended to allow what would be considered of this title; SEC. 401. SHORT TITLE. under U.S. law as common law defenses. For ‘‘(10) the term ‘armed conflict’ does not in- purposes of subsection (a), whether a person clude internal disturbances and tensions, This title may be cited as the ‘‘Foreign Law Enforcement Cooperation Act of 2001’’. acts ‘‘unlawfully’’ will depend on whether he such as riots, isolated and sporadic acts of is acting within the scope of authority recog- violence, and other acts of a similar nature; SEC. 402. AMENDMENT TO WIRETAP DISCLOSURE STATUTE. nized under and consistent with existing U.S. ‘‘(11) the term ‘serious bodily injury’ has law, which reflects international law prin- the same meaning as in section 1365(g)(3) of Section 2517 of title 18, United States Code, relating to the interception of communica- ciples, such as self defense or lawful use of this title; force by police authorities. This language is ‘‘(12) the term ‘national of the United tions, is amended by adding at the end the following: not to be construed as permitting the asser- States’ has the meaning given that term in tion, as a defense to prosecution under new section 101(a)(22) of the Immigration and Na- ‘‘(6) Disclosure otherwise prohibited under this chapter of knowledge of or the contents section 2332f, that a person purportedly acted tionality Act (8 U.S.C. 1101(a)(22)); and under authority conveyed by any particular ‘‘(13) the term ‘state’ has the same mean- of any wire, oral, or electronic communication, or evidence derived therefrom may also foreign government or official. Such a con- ing as that term has under international struction, which would exempt State-spon- law, and includes all political subdivisions be made when permitted by the court at the request of an attorney for the government, sored terrorism, would be clearly at odds thereof. with the purpose of the Convention and this ‘‘(e) CIVIL PENALTY.—In addition to any upon a showing that such information may disclose a violation of the criminal laws of implementing legislation. other criminal, civil, or administrative li- With respect to the mens rea provision of ability or penalty, any legal entity located the United States or a foreign nation, to an appropriate official of a foreign nation or subsection (a), it is sufficient if the intent is within the United States or organized under to significantly damage the targeted public the laws of the United States, including any subdivision thereof for the purpose of enforcing such criminal law. If the court orders place or facility. Further, for the purpose of of the laws of its States, districts, common- subsection (a), when determining whether wealths, territories, or possessions, shall be disclosure of any matters under this subsection, the disclosure shall be made in such the act resulted in, or was likely to result, liable to the United States for the sum of at major economic loss, the physical damage to least $10,000, if a person responsible for the manner, at such time, and under such conditions as the court may direct. In making any the targeted place or facility may be consid- management or control of that legal entity ered, as well as other types of economic loss has, in that capacity, committed an offense application under this subsection, the attorney for the government shall certify that the including, but not limited to, the monetary set forth in subsection (a).’’. loss or other adverse effects resulting from (b) CLERICAL AMENDMENT.—The table of official or officials for whom an order per- the interruption of its activities. The ad- sections at the beginning of chapter 113B of mitting disclosure is sought, have been in- verse effects on non-targeted entities and in- title 18, United States Code, is amended by formed that they may only make use of the dividuals, the economy and the government adding at the end thereof the following: information provided under this subsection consistent with such guidelines as the Attor- may also be considered in this determination ‘‘2339C. Prohibitions against the financing of insofar as they are due to the destruction terrorism.’’. ney General shall issue to protect confidentiality.’’. caused by the unlawful act. (c) DISCLAIMER.—Nothing contained in this Subsection (b) establishes the jurisdic- section is intended to affect the scope or ap- tional bases for the covered offenses and in- plicability of any other Federal or State law. ANTI-TERRORISM CONVENTIONS IMPLEMENTA- cludes jurisdiction over perpetrators of of- TION—SECTION-BY-SECTION ANALYSIS SEC. 203. EFFECTIVE DATE. fenses abroad who are subsequently found Except for paragraphs (1)(D) and (2)(B) of TITLE I SUPPRESSION OF TERRORIST BOMBINGS within the United States. This provision im- section 2339C(b) of title 18, United States Title I of this bill implements the Inter- plements a crucial element of the Conven- Code, which shall become effective on the national Convention for the Suppression of tion (Article 8(1)), which requires all State date that the International Convention for Terrorist Bombings, which was signed by the Parties to either extradite or prosecute per- the Suppression of the Financing of Ter- United States on January 12, 1998, and was petrators of offenses covered by the Conven- rorism enters into force for the United transmitted to the Senate for its advice and tion who are found within the jurisdiction of States, and for the provisions of section consent to ratification on September 8, 1999. a State Party. While current Federal or

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State criminal laws encompass all the activ- and does not supplant existing Federal and SECTION 203. EFFECTIVE DATE ity prohibited by the Convention that occurs State laws, and contains five subsections, Section 203 provides that those provisions within the United States, subsection (b)(1) which are described below. of the Act that may be implemented imme- ensures Federal jurisdiction where there is a Subsection (a) makes it a crime to provide diately shall become effective upon enact- unique Federal interest e.g., a foreign gov- or collect funds with the intention or knowl- ment. However, two jurisdictional provisions ernment is the victim of the crime or the of- edge that such funds are to be used to carry will not become effective until the Financing fense is committed in an attempt to compel out certain terrorist acts. Conspiracies and Convention enters into force for the United the United States to do or abstain from attempts to commit these crimes are also States. Those provisions are the new 18 doing any act. criminalized. This subsection implements U.S.C. §§ 2339C(b)(1)(D) and (2)(B). In addi- Subsection (c) establishes the penalties for Article 2, paragraphs 1, 3, 4 and 5 of the Con- tion, new 18 U.S.C. § 2339C(d)(7)(1), which is a committing the covered crimes at any term vention. definitional section specifically linked to the of years or life. This provision differs from Subsection (b) establishes the jurisdic- Bombing Convention, will not become effec- the Administration proposal, which sought tional bases for the covered offenses under tive until that Convention enters into effect. to add a new death penalty provision for this section 2339C(a) and includes jurisdiction TITLE III. ANCILLARY MEASURES crime, despite the fact that such a provision over perpetrators of offenses abroad who are is not required for compliance under the subsequently found within the United Title III, which is not required by the Convention and may create hurdles in seek- States. This provision implements a crucial International Conventions but will assist in ing extradition to the United States under element of the Convention (Article 10), which federal enforcement, adds the new 18 U.S.C. this statute. requires all State Parties to either extradite §§ 2332f and 2339C to several existing provi- Subsection (d) sets forth certain exemp- or prosecute perpetrators of offenses covered sions of law. tions to jurisdiction as provided by the Con- by the Convention who are found within the SECTION 301. ANCILLARY MEASURES vention. Specifically, the subsection exempts territory of a State Party. The structure of Sections 2332f and 2339C are made predi- from jurisdiction activities of armed forces this provision is designed to accommodate cates under the wiretap statute (18 U.S.C. during an armed conflict and activities un- the structure of the Convention, which sets § 2516(1)(q)) and under the statute relating to dertaken by military forces of a State in the forth both mandatory and permissive bases the provision of material support to terror- exercise of their official duties. of jurisdiction, and excludes certain offenses ists (18 U.S.C. § 2339A). Sections 2332f and Subsection (e) contains definitions of that lack an international nexus. Some por- 2339C are also added to those offenses defined twelve terms that are used in the new law. tions of this provision go beyond the juris- as a ‘‘Federal crime of terrorism’’ under 18 Six of those definitions (‘‘State or govern- dictional bases required or expressly per- U.S.C. § 2332b(g)(5)(B), as amended by the ment facility,’’ ‘‘infrastructure facility,’’ mitted under the Convention, however, USA PATRIOT Act. P.L. No. 107–56. In addi- ‘‘place of public use,’’ ‘‘public transportation where expanded jurisdiction is desirable tion, a provision is added to the civil asset system,’’ ‘‘other lethal device,’’ and ‘‘mili- from a policy perspective because a unique forfeiture statute that makes this tool avail- tary forces of a State’’) are the same defini- Federal interest is implicated and is con- able in the case of a violation of 18 U.S.C. tions used in the Convention. Four addi- sistent with the Constitution. § 2339C. These provisions are consistent with tional definitions (‘‘serious bodily injury,’’ Subsection (c) established the penalties for the treatment of similar Federal crimes al- ‘‘explosive,’’ ‘‘national of the United committing the covered crimes at imprison- ready in existence. States,’’ and ‘‘intergovernmental organiza- ment for not more than 20 years, a fine under tion’’) are definitions that already exist in TITLE IV. FOREIGN DISCLOSURE OF WIRETAP title 18, United States Code, or both. This INTERCEPTS other U.S. statutes. One of those definitions penalty is consistent with the current pen- This provision, which is not required by (‘‘armed conflict’’) is defined consistent with alties for money laundering offenses. See 18 the International Conventions, clarifies that an international instrument relating to the U.S.C. § 1956. Federal law enforcement authorities may law of war, and a U.S. Understanding to the Subsection (d) contains 13 definitions of disclose otherwise confidential wiretap infor- Convention that is recommended to be made terms that are used in the new law. Two of mation to their foreign counterparts with at the time of U.S. ratification. The final those definitions (‘‘government facility,’’ appropriate judicial approval. This provision term (‘‘State’’) has the same meaning as and ‘‘proceeds’’) are the same definitions is intended to ensure effective cooperation that term has under international law. used in the Convention. The definition for between domestic and foreign law enforce- SECTION 103. EFFECTIVE DATE ‘‘funds’’ is identical to that contained in the ment in the investigation and prosecution of Since the purpose of Title I is to imple- Convention with the exception that coins international criminal organizations. ment the Convention, section 103 provides and currency are expressly mentioned as that the new criminal offense created in Sec- money. The definitions for ‘‘provides’’ and SECTION 401. SHORT TITLE tion 102 will not become effective until the ‘‘collects’’ reflect the broad scope of the Con- Section 401 provides that title IV may be date that the Convention enters into force in vention. The definition for ‘‘predicate acts’’ cited as ‘‘The Foreign Law Enforcement Co- the United States. This will ensure imme- specifies the activity for which the funds operation Act of 2001.’’ diate compliance of the United States with were being provided or collected. These are SECTION 402. AMENDMENT TO WIRETAP STATUTE its obligations under the Convention. the acts referred to in subparagraphs (A) and Section 402 adds a new subsection to 18 TITLE II. SUPPRESSION OF THE FINANCING OF (B) of section 2339C(a)(1). The definition of U.S.C. § 2517 that governs the disclosure of TERRORISM ‘‘treaty’’ sets forth the nine international otherwise confidential information gathered Title II implements the International Con- conventions dealing with counter-terrorism pursuant to a Title III wiretap. This provi- vention for the Suppression of the Financing found in the Annex to the Convention. The sion clarifies the authority of domestic law of Terrorism, which was signed by the term ‘‘intergovernmental organization,’’ enforcement officers to disclose such infor- United States on January 10, 2000, and was which is used in the Convention, is specifi- mation as may show a violation of either do- transmitted to the Senate for its advice and cally defined to make clear that it contains mestic or foreign criminal law to foreign law consent to ratification on October 12, 2000. within its ambit existing international orga- enforcement officials. The provision requires The Convention is not yet in force inter- nizations. The definitions for ‘‘international a court order prior to making such a disclo- nationally, but will enter into force 30 days organization,’’ ‘‘serious bodily injury.’’ and sure and sets the standards for the issuance after the deposit of the 22nd instrument of ‘‘national of the United States’’ incorporate of such an order. It is intended to allow for- ratification with the U.N. Secretary-General. definitions for those terms that already exist eign disclosure only to enforce the criminal Once in force, the Convention requires State in other U.S. statues. One of the definitions laws of either the United States or the for- Parties to combat terrorism by criminal- (‘‘armed conflict’’) is defined consistent with eign nation. It also requires that an attorney izing certain financial transactions made in international instruments relating to the for the government certify that the foreign furtherance of various terrorist activities. law of war. The final term (‘‘State’’) has the officials who are to receive the wiretap infor- The Convention also requires that State Par- same meaning as that term has under inter- mation have been informed of the Attorney ties criminalize conspiracies and attempts to national law. General’s guidelines protecting confiden- undertake such financing. Subsection (e) creates a civil penalty of at tiality. This provision is intended to enhance least $10,000 payable to the United States, SECTION 201. SHORT TITLE the ability of domestic law enforcement to against any legal entity in the United Section 201 provides that title II may be work with their foreign counterparts to in- States, if any person responsible for the vestigate international criminal activity at cited as ‘‘The Suppression of Financing of management or control of that legal entity Terrorism Convention Implementation Act the same time as protecting against im- has, in that capacity, committed an offense proper use of such wiretap information. of 2001.’’ set forth in subsection (a) of the new section SECTION 202. TERRORISM FINANCING STATUTE 2339C. This civil penalty may be imposed re- By Mrs. BOXER (for herself and Section 202(a) adds a new section to the gardless of whether there is a conviction of Mrs. FEINSTEIN): Federal criminal code, to be codified at 18 such person under subsection (a), and is in U.S.C. § 2339C and entitled ‘‘Prohibitions addition to any other criminal, civil, or ad- S. 1773. A bill to designate the Rich- against the financing of terrorism,’’ which ministrative liability or penalty allowable ard J. Guadagno Headquarters and makes financial acts covered by the Conven- under United States law. Subsection (e) ful- Visitors Center at Humboldt Bay Na- tion a crime. New section 2339C supplements fills Article 5 of the Convention. tional Wildlife Refuge, California; to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12455 the Committee on Environment and framework in the aftermath of Sep- ened to learn that, although their Public Works. tember 11. I believe that the Terrorist loved ones died in the same attack, Mrs. BOXER. Mr. President, today, I Victim Citizenship Relief Act is an im- non-citizens are ineligible for many of am introducing a bill to honor a Cali- portant part of this vitally necessary the programs designed to assist the fornia, Richard J. Guadagno, who sadly overhaul. surviving families of victims. lost his life on United Flight 93 when it When American citizens, foreign na- Concerns about immigration status crashed in Western Pennsylvania on tionals, and immigrants perished in the have only added to the tremendous September 11. This legislation will des- cowardly terrorist acts of September burden immigrant families are already ignate the Headquarters and Visitors 11, the immigration status of hundreds confronting. Take the example of one Center of the Humboldt Bay National of families was thrown into turmoil. New Jersey woman who came to my of- Wildlife Refuge as the Richard J. The attacks were on American soil on fice seeking assistance. Her immigra- Guadagno Headquarters and Visitors a major American institution and dition status was directly dependent on Center. Representative THOMPSON in- rected at the United States. Yet Amer- the non-immigrant worker status of troduced this bill in the House. ican citizens were not the only victims. her husband who died in the attack. Mr. Guadagno was the manager of Hundreds of temporary workers and Both of her children were born in the the Humboldt Bay National Wildlife immigrants died shoulder-to-shoulder United States. They are full citizens Refuge and devoted his life to the pres- with thousands of Americans. Their and are enrolled in American schools. ervation of wildlife. As refuge manager deaths should be acknowledged and She wants to continue to raise her chil- at the Humboldt Bay National Wildlife their families should be honored. dren in the United States. However, Refuge, he lead with a vision that his My legislation would bestow hon- under the antiterrorism legislation colleagues embraced and admired. He orary citizenship on legal immigrants that Congress passed this month, this always keep the best interests of the and non-immigrants who died in the mother of two will be allowed just one refuge at heart, and he enthusiastically disaster. This would honor their spirit additional year to sort out her affairs worked to improve the condition of the and their tremendous sacrifice. Per- before being forced to uproot her chil- refuge. Colleagues in the Fish and haps more important, the bill would dren and return to England. One year is simply not enough to Wildlife Service consistently com- offer citizenship to surviving spouses compensate this innocent woman for mended his courage and dedication to and children, subject to a background the loss of her husband. My legislation conservation and protecting biological investigation by the Federal Bureau of would grant her citizenship imme- diversity. Investigation. In the spirit of fairness diately, helping her to avoid the bur- Mr. Guadagno began a career in pub- and unity, it is appropriate and respon- den of removing her children from the lic service as a biologist at the New sible to offer the privilege of citizen- only country they have ever truly Jersey Fish and Game Department and ship to families who lost so much be- known after having just lost their fa- the Great Swamp National Wildlife cause of this attack on the United ther. Granting her citizenship is the Refuge. Before joining the Humboldt States. More than 3,000 people lost their lives right thing to do. Bay National Wildlife Refuge, he But, this woman’s story is one of when four planes crashed on that fate- worked at the Prime Hook National hundreds. My office has received nu- ful September morning. Bodies are still Wildlife Refuge in Delaware, Supawna merous inquiries from immigrant fami- being uncovered, and the death count Meadows National Refuge in New Jer- lies concerned that their immigration has been revised several times. Nation- sey, and the Baskett Slough and status has been undermined by the als from some 86 countries perished in Ankeny National Wildlife Refuges in death of a loved one. Many families the attack, including visitors, non-im- Oregon. were in the process of preparing the migrant workers, and legal permanent Richard Guadagno worked his entire necessary paperwork to apply for a life to preserve our Nation’s wildlife. residents. change in status, only to have their po- America was not the only country This legislation will ensure that we tential sponsor die alongside thousands that suffered losses. There was good have a lasting memory of his work. of others in the World Trade Center at- reason the complex was called the tack. This legislation would ensure By Mr. CORZINE (for himself and World Trade Center. In the September that those families would be allowed to Mr. TORRICELLI): 11 attacks, England lost 75 people, with become American citizens and avoid S. 1774. A bill to accord honorary 60 other British nationals unaccounted undue paperwork and heartache. citizenship to the alien victims of Sep- for. India lost more than 100. Germany More than two months have passed tember 11, 2001, terrorist attacks has 31 confirmed casualties. Mexico has since the United States was brutally against the United States and to pro- 19. Colombia has 15. Japan has as many attacked. When perpetrating their hor- vide for the granting of citizenship to as 21. Canada, Australia, the Phil- rific crime, the terrorists did not dis- the alien spouses and children of cer- ippines, Ireland, South Africa, and tinguish between immigrants and tain victims of such attacks; to the Pakistan all suffered tragic losses. And American citizens or between undocu- Committee on the Judiciary. there were many more. It would be mented workers and legal permanent Mr. CORZINE. Mr. President, I rise wrong to allow the tragic destruction residents. They were attacking the today to introduce legislation, the Ter- of that fateful day to derail the hopes United States, and, in the process, rorist Victim Citizenship Relief Act, of hundreds of immigrant families to killed thousands, citizens and non-citi- that would quickly provide citizenship secure a better life for themselves and zens alike. In death, citizenship was ir- relief to hundreds of families adversely their children in the United States. relevant. In death, they were all uni- affected by the attacks of September And we must acknowledge the hun- fied. 11, 2001. dreds of families from 86 countries who The thousands who died did not know Today I am meeting with several of lost loved ones in the attack. it when they went to work, but they the families of the victims of the Sep- In New Jersey, there are dozens of were at the front lines in the next tember 11 terrorist attacks to discuss poignant stories of immigrant families American war. Their deaths are a trag- crucial legislation that would provide who experienced tragic losses in the edy that every civilized human being them with tax relief in the wake of a World Trade Center disaster. These in- wishes could be reversed. Unfortu- national calamity. They are dealing nocent people have lost husbands and nately, we cannot turn back the clock. with a personal anguish that many of wives, sons and daughters, sisters and However, we can acknowledge the tre- us can only imagine. It is critical that brothers. Their families have been frac- mendous loss of hundreds of immigrant the House of Representatives move tured and their livelihoods jeopardized. families by allowing them to take on swiftly to pass the tax relief legislation Immigrant families have been forced to the full rights and responsibilities of that has already passed the Senate, by grapple with a bureaucratic nightmare, American citizenship. unanimous consent, I might add. But wading through the myriad of pro- I urge my colleagues to support this there is more that Congress must do to grams available to the families of vic- important legislation, and ask unani- account for the shocking and unantici- tims in an effort to keep their heads mous consent that the text of the bill pated failure of the existing legal above water. They are often disheart- be printed in the RECORD.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12456 CONGRESSIONAL RECORD — SENATE December 5, 2001 There being no objection, the bill was (1) inadmissible under paragraph (2) or (3) When Paul died in the attack on the ordered to be printed in the RECORD, as of section 212(a) of the Immigration and Na- World Trade Center, he died with thou- follows: tionality Act, or deportable under paragraph sands of Americans. Before that, he (2) or (4) of section 237(a) of that Act, includ- contributed to the American economy S. 1774 ing any terrorist perpetrator of a September Be it enacted by the Senate and House of Rep- 11, 2001, terrorist attack against the United for nearly a decade, paying taxes and resentatives of the United States of America in States; or lending his expertise in a highly spe- Congress assembled, (2) a member of the family of a person de- cialized field. On that fateful day, he SECTION 1. SHORT TITLE. scribed in paragraph (1). embodied the American spirit when he This Act may be cited as the ‘‘Terrorist assisted coworkers in escaping the fire Victim Citizenship Relief Act’’. By Mr. CORZINE (for himself and and destruction of ground zero. SEC. 2. FINDINGS. Mr. TORRICELLI): Paul Gilbey was killed in a callous Congress makes the following findings: S. 1776. A bill to provide for the natu- and cowardly attack on America. In (1) On September 11, 2001, the United ralization of Deena Gilbey; to the Com- the aftermath of this tragic event, we States suffered a series of attacks which led mittee on the Judiciary. have a responsibility to help ensure to the deaths of thousands of people. Mr. CORZINE. Mr. President, I rise that stability returns to the lives of (2) Hundreds of foreign nationals perished today to introduce private legislation in the attacks on the American institutions the children he left behind. granting citizenship to Deena Gilbey, a Giving citizenship to Deena Gilbey is on American soil. woman profoundly affected by the dis- (3) At that time, the Immigration and Nat- our patriotic responsibility. I hope this uralization Service was processing applica- aster of September 11. Since then, Congress will acknowledge her sac- tions for adjustment in immigration status Deena has endured a tremendous hard- rifice and allow her and her children to for immigrants who perished in the attacks. ship, a hardship that has been com- remain in the United States. (4) The immigrant or nonimmigrant status pounded by mounting paperwork and I urge my colleagues to support this of many immigrant families depends on the an unyielding, dispassionate bureau- important legislation and ask unani- sponsorship of those who perished. cratic process. Without swift congres- mous consent that the text of the bill (5) The Immigration and Naturalization sional action, Deena, a British na- be printed in the RECORD. Service has publicly stated that it does not tional, will be forced to uproot her two There being no objection, the bill was intend to take action against foreign nation- children and remove them from the als whose immigration status is in jeopardy ordered to be printed in the RECORD, as as a direct result of the attack. only country they have ever known follows: (6) Commissioner of the Immigration and just one year from the death of their S. 1776 Naturalization Service James Ziglar stated father. Be it enacted by the Senate and House of Rep- that ‘‘the Immigration and Naturalization Deena Gilbey first moved to the resentatives of the United States of America in Service will exercise its discretion toward United States in July 1993 when Paul, Congress assembled, families of victims during this time of her husband was transferred from Lon- SECTION 1. NATURALIZATION OF DEENA GILBEY. mourning and readjustment’’. don to the New York office of Euro Notwithstanding title III of the Immigra- (7) Only Congress has the authority to Bank. They spent the eight years that tion and Nationality Act (8 U.S.C. 1101 et change immigration law to address unantici- followed building a life in the United seq.) Deena Gilbey shall be entitled to natu- pated omissions in existing law to account States in suburban Chatham Township. ralization as a citizen of the United States for the unique circumstances surrounding They began to raise two children, Max, upon being administered the oath of renunci- the events of September 11, 2001. ation and allegiance in an appropriate cere- SEC. 3. DECEASED ALIEN VICTIMS OF TERRORIST 7, and Mason, 3, both of whom were mony pursuant to section 337 of the Immi- ATTACKS DEEMED TO BE UNITED born in the United States. Although gration and Nationality Act. Upon natu- STATES CITIZENS. the children are both U.S. citizens, ralization of Deena Gilbey under this Act, Notwithstanding title III of the Immigra- Deena is not and was present in the the Attorney General shall record the date of tion and Nationality Act (8 U.S.C. 1101 et county as part of her husband’s H1–B naturalization of Deena Gilbey as being Sep- seq.), and except as provided in section 5, work visa. Both Deena and Paul were tember 10, 2001. each alien who died as a result of a Sep- attempting to become citizens when f tember 11, 2001, terrorist attack against the United States, shall, as of that date, be con- disaster struck. STATEMENTS ON SUBMITTED For all Americans, September 11 will sidered to be an honorary citizen of the RESOLUTIONS United States if the alien held lawful status be remembered with a deep sadness. under the immigration laws of the United However, that national anguish took States as of that date. on a personal quality for the Gibleys SENATE RESOLUTION 187—COM- SEC. 4. CITIZENSHIP ACCORDED TO ALIEN when the family learned that Paul, like MENDING THE STAFFS OF MEM- SPOUSES AND CHILDREN OF CER- so many others, was lost beneath the BERS OF CONGRESS, THE CAP- TAIN VICTIMS OF TERRORIST AT- rubble of the World Trade Center. ITOL POLICE, THE OFFICE OF TACKS. With the death of Paul, Deena was Notwithstanding title III of the Immigra- THE ATTENDING PHYSICIAN AND tion and Nationality Act (8 U.S.C. 1101 et forced to face up to the difficult real- HIS HEALTH CARE STAFF, AND seq.), and except as provided in section 5, an ization that her own lawful status in OTHER MEMBERS OF THE CAP- alien spouse or child of an individual who the United States was in jeopardy. For ITOL HILL COMMUNITY FOR was lawfully present in the United States the first several weeks after he died, it THEIR COURAGE AND PROFES- and who died as a result of a September 11, was unclear whether Deena would be SIONALISM DURING THE DAYS 2001, terrorist attack against the United allowed to leave the country and spend AND WEEKS FOLLOWING THE States shall be entitled to naturalization as time with family or even work to sup- a citizen of the United States upon being ad- RELEASE OF ANTHRAX IN SEN- port her children. The anti-terrorism ATOR DASCHLE’S OFFICE ministered the oath of renunciation and alle- bill that passed the Congress earlier giance in an appropriate ceremony pursuant this year was a step in the right direc- Mr. CLELAND (for himself, Mr. FEIN- to section 337 of the Immigration and Na- GOLD, Mr. ALLEN, Mr. COCHRAN, Mr. tionality Act, without regard to the current tion. But it did not go far enough. It MILLER, and Mr. AKAKA) submitted the status of the alien spouse or child under the did not give Deena and Paul’s children immigration laws of the United States, if the the stability they deserve. following resolution; which was re- spouse or child applies to the Attorney Gen- The anti-terrorism legislation that ferred to the Committee on Govern- eral for naturalization not later than two passed the Congress earlier this year mental Affairs: years after the date of enactment of this allowed Deena to remain in the United S. RES. 187 Act. The Attorney General shall record the States just one additional year to sort Whereas there are approximately 30,000 date of naturalization of any person granted out her affairs. She had just one year legislative branch employees who work on naturalization under this section as being to wrap up the life she and Paul had Capitol Hill including approximately 6,200 September 10, 2001. made together in the United States. Senate employees, 11,500 House employees, SEC. 5. EXCEPTIONS. She had just one year to prepare her and 12,800 staff from other entities; Notwithstanding any other provision of Whereas the Capitol Complex consists of this Act, an alien may not be naturalized as children for the trauma of moving to a approximately 285 acres comprised of 3 Sen- a citizen of the United States, or afforded foreign country and of leaving the only ate office buildings, 3 House office buildings, honorary citizenship, under this Act if the country that had ever been home. One 2 House annex buildings, 3 Library of Con- alien is— additional year is simply not enough. gress buildings, and several other facilities;

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12457 Whereas on October 15, 2001, a letter con- work on Capitol Hill including, ap- recognize them for their unwavering taining anthrax spores was opened in Sen- proximately 6,200 Senate employees, commitment to public service in con- ator Daschle’s office; 11,500 House employees, and 12,800 addi- tinuing to do the public’s business in Whereas approximately 6,000 individuals tional staff from other entities who were tested for exposure to anthrax and 28 of defiance of the terrorist attacks. those individuals tested positive; have been affected by the release of an- Thank you to Senators ALLEN, FEIN- Whereas approximately 1000 individuals re- thrax in Senator DASCHLE’s office. GOLD, COCHRAN, MILLER, and AKAKA ceived a 60-day supply of antibiotics as a pre- Therefore, in recognition of their out- who have signed on as cosponsors to cautionary measure; standing public service in continuing this legislation. I encourage other Sen- Whereas the House of Representatives to do the public’s business in defiance ators to join us in this worthy recogni- closed the Rayburn and Cannon House Office of the terrorist attacks I am submit- tion of the Capitol Hill community by Buildings for 7 days and the Longworth ting a resolution to commend Congres- cosponsoring this resolution. House Office building for 19 days; sional employees, the Capitol Police, Whereas the Senate closed the Russell Sen- f the Office of the Attending Physician ate Office Building for 6 days, the Dirksen SENATE CONCURRENT RESOLU- Senate Office Building for 8 days, and the and his health care staff, and other Hart Senate Office Building remains closed; members of the Capitol Hill commu- TION 88—EXPRESSING SOLI- Whereas during the closure of the Senate nity for their dedication to public serv- DARITY WITH ISRAEL IN THE and House Office Buildings, Members and ice. FIGHT AGAINST TERRORISM staff were forced to find alternative office This legislation acknowledges the ex- Mr. BIDEN (for himself, Mr. space or to work from their homes; tensive grounds of the Capitol complex DASCHLE, Mr. LOTT, Mr. BAYH, Mr. Whereas Members and staff whose offices which consists of the Capitol building, are located in the Hart Senate Office Build- BOND, Mrs. BOXER, Mr. BROWNBACK, ing continue to utilize alternative office three Senate office buildings, three Mrs. CARNAHAN, Mr. CARPER, Mr. DODD, space, including office space donated by House office buildings, two House Mr. DORGAN, Mr. DURBIN, Mr. EDWARDS, other Members; annex buildings, three Library of Con- Mr. GRAHAM, Mr. HATCH, Mr. HUTCH- Whereas Senate, House, and support staff gress buildings, and several other fa- INSON, Mr. KERRY, Mr. KOHL, Mr. continued and still continue to perform their cilities that comprise the Capitol com- LEVIN, Mr. LIEBERMAN, Mr. MCCON- duties and serve the public with courage and plex of approximately 285 acres. The NELL, Ms. MIKULSKI, Mr. MURKOWSKI, professionalism in spite of the threat of an- Office of the Attending Physician, in thrax exposure; Mrs. MURRAY, Mr. NELSON of Florida, Whereas Capitol Hill police officers have response to the release of anthrax in Mr. SARBANES, Mr. STEVENS, Mr. THOM- worked 12 hour shifts in response to the Sep- Senator DASCHLE’s office, tested ap- AS, Mr. THOMPSON, and Mr. TORRICELLI) tember 11, 2001, attacks and have been work- proximately 6,000 individuals for expo- submitted the following concurrent ing additional overtime due to anthrax con- sure to anthrax, 28 of whom were posi- resolution; which was considered and tamination in the Capitol Complex to ensure tive. In addition, approximately 1,000 agreed to: the safety of Members, staff, and visitors individuals received 60-day supply of S. CON. RES. 88 within the Capitol Complex; and antibiotics as a precautionary measure Whereas 26 innocent people in Israel were Whereas the release of anthrax in Senator and the Senate and House office build- Daschle’s office, and the contamination of 2 murdered in cold blood and at least 175 Senate office buildings and 1 House office ings were closed while investigators wounded by Palestinian terrorists, all within building, has further disrupted the daily rou- and bioterrorism experts decontami- 14 hours, during the weekend of December 1– tines of Congressional Members and their nated the offices exposed to anthrax. 2, 2001; staffs and caused frustration due to dis- During the closure of the Senate and Whereas these deaths are the equivalent, located offices: Now, therefore, be it House office buildings, Members and on a basis proportional to the United States Resolved, That the Senate — staff were forced to find alternative of- population, of 1,200 American deaths and (1) commends the staffs of Members of Con- 8,000 wounded; fice space or work from their homes. Whereas the President’s Middle East envoy gress, the Capitol Police, the Office of the Members and staff whose offices are lo- Attending Physician and his health care General Anthony C. Zinni has labeled the staff, and other members of the Capitol Hill cated in the Hart Senate Office Build- terrorism of this past weekend ‘‘the deepest community for their courage, profes- ing continue to utilize alternative of- evil one can imagine’’; sionalism, and dedication to serving the pub- fice space including office space do- Whereas this bloody weekend is part of an lic in the aftermath of the September 11, nated by other Members. Senate, ongoing terror campaign often targeted at 2001, attacks and the release of anthrax in House, and support staff continued to youth and families and perpetrated by Is- Senator Daschle’s office; perform their duties and serve the pub- lamic fundamentalist groups Hamas and Pal- (2) recognizes the Congressional leadership, estinian Islamic Jihad and by some elements lic with courage and professionalism in of Palestinian Authority Chairman Yasser Congressional employees, the Capitol Police, spite of the threat of exposure to an- and the Office of the Attending Physician Arafat’s Fatah movement; and the health care professionals in his of- thrax. In addition, Capitol Hill police Whereas President Bush declared at a joint fice, in particular, who by their quick ac- officers worked 12 hour shifts in re- session of Congress on September 20, 2001, tions and early intervention prevented ac- sponse to the September 11, attacks that ‘‘[e]very nation, in every region, now tual cases of anthrax within the Capitol and have been working additional over- has a decision to make. Either you are with Complex; and time since anthrax contamination in us, or you are with the terrorists. From this (3) requests that the President recognize the Capitol Complex to ensure the safe- day forward, any nation that continues to the courage and professionalism of Congres- harbor or support terrorism will be regarded ty of Members, staff, and visitors with- by the United States as a hostile regime’’; sional staff, the Capitol Police, and other in the Capitol Complex. Finally, the remembers of the Capitol Hill community for and their public service in continuing to do the lease of anthrax and subsequent con- Whereas President Bush declared on De- public’s business in defiance of terrorist at- tamination of Congressional offices cember 2, 2001, that ‘‘Chairman Arafat must tacks. disrupted the daily routines of Con- do everything in his power to find those who Mr. CLELAND. Mr. President, I rise gressional Members and their staffs murdered innocent Israelis and bring them and caused frustration due to dis- to justice’’: Now, therefore, be it today to submit a resolution that will Resolved by the Senate (the House of Rep- recognize the courage and profes- located offices. My legislation commends the Con- resentatives concurring), That Congress— sionalism of Congressional Staff, the (1) condemns the vicious terrorist murders Capitol Police, and other members of gressional leadership, Congressional of 26 innocent people in Israel within 14 the Capitol Hill Community following employees, the Capitol Police, the Of- hours during December 1–2, 2001, and extends the release of anthrax in Senator fice of the Attending Physician and the its deepest sympathies to the State of Israel DASCHLE’s office. In the aftermath of health care professionals in his office, and to the families of the victims; the first-ever evacuation of the Capitol in particular, for their quick actions (2) expresses outrage at the ongoing Pales- and surrounding office buildings due to and early intervention which prevented tinian terrorist campaign and insists that the terrorist attacks on September 11, actual cases of anthrax within the Cap- the Palestinian Authority take all steps nec- itol Complex. Capitol Hill employees essary to end it; 2001, and especially after the bioter- (3) demands specifically that the Pales- rorist attack on the Congress and the deserve to be commended for their tinian Authority take action immediately Capitol Hill Community it is impor- strength, courage, and professionalism to— tant to acknowledge the approximately since the September 11 attacks and (A) destroy the infrastructure of Pales- 30,000 legislative branch employees who this resolution asks the President to tinian terrorist groups;

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12458 CONGRESSIONAL RECORD — SENATE December 5, 2001 (B) pursue and arrest terrorists whose in- bill S. 1731, to strengthen the safety AUTHORITY FOR COMMITTEES TO carceration has been called for by the Gov- net for agricultural producers, to en- MEET ernment of Israel; and hance resource conservation and rural COMMITTEE ON ENERGY AND NATURAL (C) either— development, to provide for farm cred- (i) prosecute such terrorists, provide con- RESOURCES victed terrorists with the stiffest possible it, agricultural research, nutrition, and Mr. CONRAD. Mr. President, I ask punishment, and ensure that those convicted related programs, to ensure consumers unanimous consent that the Com- remain in custody for the full duration of abundant food and fiber, and for other mittee on Energy and Natural Re- their sentences; or purposes; which was ordered to lie on sources be authorized to meet during (ii) render all arrested terrorists to the the table; as follows: the session of the Senate on Wednes- Government of Israel for prosecution; At the appropriate place, insert the fol- day, December 5, at 9:30 a.m., to con- (4) urges the President to suspend all rela- lowing: tions with Yasser Arafat and the Palestinian duct a hearing. The committee will re- Authority, if Yasser Arafat and the Pales- SEC. . COMMERCIAL FISHERIES FAILURE. ceive testimony on the nominations of tinian Authority fail to take the actions de- In addition to amounts appropriated or Margaret S.Y. Chu to be Director of scribed in paragraphs (2) and (3); otherwise made available by this Act, there the Office of Civilian Radioactive (5) further urges the President to insist are appropriated to the Department of Agri- Waste Management, Department of En- that all countries harboring, materially sup- culture $10,000,000 for fiscal year 2002, which shall be transferred to the Department of ergy; Beverly Cook to be an Assistant porting, or acquiescing in the private sup- Secretary of Energy (Environment, port of Palestinian terrorist groups should Commerce to provide emergency disaster as- end such support, dismantle the infrastruc- sistance for the commercial fishery failure Safety, and Health), Department of En- ture of such groups, and bring all terrorists under section 308(b)(1) of the Interjurisdic- ergy; Jeffrey D. Jarrett to be Director within their borders to justice; and tional Fisheries Act of 1986 (16 U.S.C. of the Office of Surface Mining Rec- (6) expresses the solidarity of the United 4107(b)(1)) with respect to Northeast multi- lamation and Enforcement, Depart- States with Israel in our common struggle species fisheries. Amounts made available ment of the Interior; and Rebecca W. against the scourge of terrorism. under this section shall be used to support a Watson to be an Assistant Secretary of SEC. 2. The Secretary of the Senate shall voluntary fishing capacity reduction program in the Northeast multispecies fishery the Interior (Lands and Minerals Man- transmit a copy of this concurrent resolu- agement), Department of the Interior. tion to the President. that permanently revokes multispecies, limited access fishing permits so as to obtain The PRESIDING OFFICER. Without f the maximum sustained reduction in fishing objection, it is so ordered. AMENDMENTS SUBMITTED AND capacity at the least cost and in the min- COMMITTEE ON THE JUDICIARY PROPOSED imum period of time and to prevent the re- Mr. CONRAD. Mr. President, I ask placement of fishing capacity removed by unanimous consent that the Com- SA 2240. Mr. FEINGOLD (for himself, Mr. the program. BAUCUS, and Mr. HELMS) submitted an mittee on the Judiciary be authorized amendment intended to be proposed by him SA 2242. Mr. CRAPO (for himself, Mr. to meet to conduct a nominations to the bill S. 1731, to strengthen the safety BINGAMAN, Mr. DOMENICI, Mrs. FEIN- hearing on Wednesday, December 5, net for agricultural producers, to enhance re- STEIN, Mr. BROWNBACK, and Mr. CRAIG) 2001, at 10 a.m., in Dirksen Room 226. source conservation and rural development, to provide for farm credit, agricultural re- submitted an amendment intended to Witness List search, nutrition, and related programs, to be proposed by him to the bill S. 1731, Panel I: Hon. John Warner, Hon. Phil ensure consumers abundant food and fiber, to strengthen the safety net for agri- Gramm, Hon. Harry Reid, Hon. Bob and for other purposes; which was ordered to cultural producers, to enhance resource Graham, Hon. Ben Nighthorse Camp- lie on the table. conservation and rural development, to bell, Hon. Kay Bailey Hutchison, Hon. SA 2241. Mr. KERRY (for himself and Ms. provide for farm credit, agricultural re- SNOWE) submitted an amendment intended Wayne Allard, Hon. Max Cleland, Hon. search, nutrition, and related pro- Jeff Sessions, Hon. Zell Miller, Hon. to be proposed by him to the bill S. 1731, grams, to ensure consumers abundant supra; which was ordered to lie on the table. John Ensign, Hon. Ileana Ros- SA 2242. Mr. CRAPO (for himself, Mr. food and fiber, and for other purposes; Lehtinen, Hon. Carrie Meek, and Hon. BINGAMAN, Mr. DOMENICI, Mrs. FEINSTEIN, which was ordered to lie on the table; Silvestre Reyes. Mr. BROWNBACK, and Mr. CRAIG) submitted as follows: Panel II: Callie V. Granade to be U.S. an amendment intended to be proposed by Strike section 132 and insert the following: District Court Judge for the Southern him to the bill S. 1731, supra; which was or- SEC. 132. STUDY OF NATIONAL DAIRY POLICY. District of Alabama; Marcia S. Krieger dered to lie on the table. (a) STUDY REQUIRED.—Not later than April to be U.S. District Court Judge for the f 30, 2002, the Secretary of Agriculture shall District of Colorado; James C. Mahan TEXT OF AMENDMENTS submit to Congress a comprehensive eco- to be U.S. District Court Judge for the nomic evaluation of the potential direct and District of Nevada; Philip R. Martinez SA 2240. Mr. FEINGOLD (for himself, indirect effects of the various elements of Mr. BAUCUS, and Mr. HELMS) submitted the national dairy policy, including an exam- to be U.S. District Court Judge for the an amendment intended to be proposed ination of the effect of the national dairy Western District of Texas; and C. Ash- by him to the bill S. 1731, to strengthen policy on— ley Royal to be U.S. District Court the safety net for agricultural pro- (1) farm price stability, farm profitability Judge for the Middle District of Geor- ducers, to enhance resource conserva- and viability, and local rural economies in gia. the United States; Panel III: Mauricio J. Tamargo to be tion and rural development, to provide (2) child, senior, and low-income nutrition for farm credit, agricultural research, Chair of the Foreign Claims Settle- programs, including impacts on schools and ment Commission of the United States. nutrition, and related programs, to en- institutions participating in the programs, sure consumers abundant food and on program recipients, and other factors; and The PRESIDING OFFICER. Without fiber, and for other purposes; which (3) the wholesale and retail cost of fluid objection, it is so ordered. was ordered to lie on the table; as fol- milk, dairy farms, and milk utilization. SELECT COMMITTEE ON INTELLIGENCE lows: (b) NATIONAL DAIRY POLICY DEFINED.—In Mr. CONRAD. Mr. President, I ask this section, the term ‘‘national dairy pol- unanimous consent that the Select At the appropriate place in the bill insert icy’’ means the dairy policy of the United the following sections: Committee on Intelligence be author- States as evidenced by the following policies ized to meet to hold a closed con- SEC. . COST OF LIVING ADJUSTMENT FOR MEM- and programs: BERS OF CONGRESS. (1) Federal Milk Marketing Orders. ference with the House Permanent Se- Notwithstanding any other provision of (2) Interstate dairy compacts (including lect Committee on Intelligence on H.R. law, no adjustment shall be made under sec- proposed compacts described in H.R. 1827 and 2883, on Wednesday, December 5, 2001, tion 601(a) of the Legislative Reorganization S. 1157, as introduced in the 107th Congress). at 2 p.m. Act of 1946 (2 U.S.C. 31) (relating to cost of (3) Over-order premiums and State pricing The PRESIDING OFFICER. Without living adjustments for Members of Congress) programs. objection, it is so ordered. during fiscal year 2002. (4) Direct payments to milk producers. SUBCOMMITTEE ON CRIME AND DRUGS (5) Federal milk price support program. SA 2241. Mr. KERRY (for himself and (6) Export programs regarding milk and Mr. CONRAD. Mr. President, I ask Ms. SNOWE) submitted an amendment dairy products, such as the Dairy Export In- unanimous consent that the Com- intended to be proposed by him to the centive Program. mittee on the Judiciary Subcommittee

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12459 on Crime and Drugs be authorized to tablishing the Nevada Dance Theatre tor. Within a few years, the Nevada meet to conduct a hearing on ‘‘Making and for bringing classical ballet to Dance Theatre was home to 23 profes- America’s Streets Safer: The Future of southern Nevada. This award is only sional dancers, providing classical bal- the COPS Program,’’ on Wednesday, one of many that have been bestowed let at home and touring the United December 5, 2001, at 1:30 p.m., in SD226. upon Mr. Sulich, but it represents what States to critical acclaim. The Com- he has meant, and still means for the pany was even recognized by Dance Witness List cultural evolution of my home state. Magazine as one of the 10 best regional Panel I: Viet D. Dinh, Assistant At- Born on the island of Brac, Yugo- ballet companies in America. torney General, Office of Legal Policy, slavia, Vassili Sulich began imagining Since founding the Nevada Dance U.S. Department of Justice. and improvising performances from an Theatre, Sulich has choreographed Panel II: Thomas P. Gordon, County early age. As a refugee in Egypt, dur- fifty-one ballets, ranging from classical Executive, New Castle County, Dela- ing World War II, he joined a Yugoslav to contemporary to dramatic works ware; Colonel Lonnie Westphal, Chief, children’s theatre, which continued with wide audience appeal. One of his Colorado State Patrol, Vice President, performing in Europe after the war. He works, ‘‘Mantodea,’’ received inter- International Association of Chiefs of received classical dance training with national acclaim in Bulgaria and Rus- Police; Steve Young, Lieutenant, Mar- the Zagreb Opera Ballet, and he re- sia and was filmed for Belgrade tele- ion City Police Department, National mained in the theatre ever since. vision. He has staged ‘‘Mantodea’’ for President, Fraternal Order of Police; In 1952, he received a scholarship to ballet companies in Canada, New Zea- Mike Brown, Sheriff, Bedford County, study in London. One year later, he land, Singapore, Hong Kong, Hungary, Virginia, National Sheriffs’ Associa- moved to Paris to be a member of the and the United States. And just this tion; Dr. Jihong Zhao, Professor, De- Ballet de France de Janine Charrat. year, he was again commissioned to partment of Criminal Justice, Univer- Paris became his home for eleven stage the ballet in Brazil. sity of Nebraska at Omaha; and David years, where he rose to the status of After twenty-five years, Vassili Muhlhausen, Policy Analyst, Heritage Danseur Etoile; first with Ballet des Sulich retired from the Nevada Dance Foundation. Etoiles de Paris and later with other Theatre, but he has not retired from The PRESIDING OFFICER. Without companies and opera houses. cultural service. He was instrumental objection, it is so ordered. During this time, he performed as a in the forming of the Las Vegas Phil- harmonic, and he has recently penned SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND principal dancer in many ballets, SPACE partnering such famous ballerinas as an autobiography, ‘‘Vision in the Desert: A Dancer’s Life.’’ Mr. CONRAD. Mr. President, I ask Ludmilla Tcherina, Zizi Jeanmarie, and Colette Marchand. He made many I am proud to take this opportunity unanimous consent that the Sub- to congratulate Vassili Sulich for a committee on Science, Technology and appearances on television and film, and starred in ‘‘Geraldine’’ with Geraldine lifetime of artistic achievement. He is Space of the Committee on Commerce, indeed a cultural treasure and an am- Science, and Transportation be author- Chaplin. In 1960, Vassili was named the prin- bassador for the arts in Nevada, our na- ized to meet on Wednesday, December tion and the world. 5, 2001, at 9 a.m., on the response of the cipal dancer at the Lido de Paris, and technology sector in times of crisis. he began his choreographic career with f The PRESIDING OFFICER. Without ‘‘Suite Lyrique,’’ ‘‘The Wall,’’ and DEPARTMENT OF TRANSPOR- objection, it is so ordered. ‘‘Oedipe-Roi’’ with Jean Cocteau and TATION APPROPRIATIONS composer Maurice Thiriet. In 1964, he f PAYMENT FOR WORK PERFORMED came to New York as a principal danc- Mrs. HUTCHISON. Mr. President, re- PRIVILEGE OF THE FLOOR er with ‘‘Folies Bergere’’ on Broadway garding this week’s Senate passage of Mr. LUGAR. Mr. President, I ask and to study with Martha Graham. the fiscal year 2002 Transportation ap- That same year, he was offered a unanimous consent that Carol Olander, propriations conference report, Senator three-month contract by the producer Dave White, and Benjamin Young, DURBIN and I have recently become of the ‘‘Folies Bergere’’ at the detailees to the Agriculture Committee aware that several of the major con- Tropicana Hotel in Las Vegas. It from the Department of Agriculture, be tractors on the Tren Urbano project turned out to be a collaboration that granted privileges of the floor during have substantial disputes outstanding lasted nine years. He was also named the pendency of the farm bill. with Puerto Rico concerning payment as ballet master, rehearsing and em- The PRESIDING OFFICER. Without for work performed on the project. I ploying replacements for dancers and objection, it is so ordered. find this troubling given the extent of showgirls. The management of the oversight we have come to expect of f Tropicana was always available to major transit projects like this one. MORNING BUSINESS help, and even recreated a studio at- Mr. DURBIN. I certainly agree with mosphere in the theatre for ballet in- Mr. REID. Mr. President, I ask unan- Senator HUTCHISON. It is indeed impor- struction in the afternoons and be- tant that these transit projects be imous consent that the Senate now tween shows. proceed to a period of morning business managed efficiently, and preferably After several years in Las Vegas, without dispute; otherwise, these with Senators allowed to speak therein Sulich missed the beauty and focus of projects are viewed by the contracting for a period not to exceed 5 minutes classical ballet, and he approached the community as more risky, and thus each. University of Nevada, Las Vegas, offer- they become more costly to deliver, to The PRESIDING OFFICER. Without ing to teach classical dance. That same the detriment of the taxpayers who ul- objection, it is so ordered. year, he organized his first ‘‘Dance timately bear the financial burden of f Concert’’ in the UNLV Judy Bayley these projects. Theatre, choreographing three ballets Mrs. HUTCHISON. I understand that CONGRATULATIONS, VASSILI for 26 voluntary dancers from shows on the FTA is currently withholding ap- SULICH the Las Vegas Strip. The program re- proximately $165M of funding for the Mr. REID. Mr. President, on Satur- ceived such enthusiastic acclaim that Tren Urbano Project, and has required day evening, December 15, the Las in May of 1973, he presented a second a more accurate cost estimate and Vegas Philharmonic will be recog- Dance Concert. The projects were la- schedule for the Project than has been nizing the work of one of Nevada’s true bors of love: no one was paid, the danc- previously furnished. cultural treasures, Vassili Sulich. I am ers furnished their own costumes, and Mr. DURBIN. I want to encourage pleased to speak of the vision and the the university provided technical sup- FTA to release only such funds as it accomplishments of this fine man. port. considers appropriate in order to re- In 1981, Vassili Sulich received the In 1974, a board of directors was solve outstanding disputes with respect State of Nevada Governor’s Arts Award formed, and the Nevada Dance Theatre to payment for work performed on the for ‘‘Outstanding Individual Artist,’’ an came into existence, with Vassili Tren Urbano project, and suspend all award which recognized his role in es- Sulich at the helms as Artistic Direc- further Federal funding for the project.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12460 CONGRESSIONAL RECORD — SENATE December 5, 2001 Mrs. HUTCHISON. I concur with the HOLD ON NOMINATION ment must understand that such as- Senator and, if such disputes have not Mr. GRASSLEY. Mr. President, I sistance is not only premature, it is been resolved by March 1, 2002, would have placed a ‘‘hold’’ on the nomina- also misguided. Money is certainly the further request that the Inspector Gen- tion of General Claude Bolton, Jr. for language of the thugs and thieves in eral promptly report back to the House the position of Assistant Secretary of Burma, but it cannot buy peace and and Senate Committees on Appropria- the Army for Research, Development, stability in that mafia state. tions on FTA’s assessment of (i) The Acquisition, and Technology as ques- I encourage my colleagues to read reasons why such disputes remain un- tions asked by the Iowa/Illinois Senate Fred Hiatt’s excellent op-ed in Mon- resolved, (ii) the cost impact of such delegation remain unanswered. day’s edition of the Washington Post, disputes, and (iii) the IG’s rec- and ask that it appear in the RECORD ommendation, if appropriate, for a f following my remarks. more cost effective dispute resolution MILITARY BUILD-UP IN BURMA There being no objection, the mate- process. rial was ordered to be printed in the Mr. MCCONNELL. Mr. President, the RECORD, as follows: f Senate Appropriations Committee yes- [From the Washington Post, Dec. 3, 2001] EXPLANATION OF ABSENCE terday marked-up H.R. 3338, the FY 2002 Department of Defense Appropria- EYES WIDE OPEN Mr. LIEBERMAN. Mr. President, I (By Fred Hiatt) inform the Senate that due to the fu- tions Bill. I authored language in the One inevitable reaction, as we hear now of neral in New Haven, Connecticut of a report accompanying that bill requiring the Pentagon to report to Congress the depredations of the Taliban regime, is: long-time Connecticut aide and close Where were we all while this was going on? friend, I was unable to be present for on Thailand’s defense needs in the Oh, some feminists and human rights ac- the votes scheduled on December 5, wake of Burma’s recent purchase of 10 tivists tried to call our attention to Afghani- 2001. MiG–29 fighter aircraft from Russia. I stan’s gender apartheid. Journalists, includ- James ‘‘Jimmy’’ O’Connell passed did so because of my grave concerns ing The Post’s Pam Constable, reported from away on Saturday at the age 53. with regional security and stability— Kabul. We took note briefly when religious Jimmy, a former New Haven police of- and with the welfare of the people of minorities were ordered to wear identifying Burma who endure hardships and indig- marks and when those ancient statues were ficer, was like a brother to me. We destroyed. worked together for over 30 years. I en- nities under the oppressive misrule of But for most of us, the recent revelations joyed his extraordinary intelligence, the State Peace and Development of Taliban brutality—of forced conscription, his warm wit and his wonderful loy- Council (SPDC). In terms of oppressive point-blank murder, scorched-earth destruc- alty. I will miss him dearly and believe regimes, the SPDC ranks right up tion and merciless impoverishment of wid- it was only fitting for me to attend his there with the Taliban. ows and children—have been just that, rev- funeral in New Haven. My colleagues should take note of elations. As the Bush administration rails righteously against a regime it barely Had I been present, I would have the November 28 edition of Jane’s Defence Weekly which states that seemed to notice before Sept. 11, we have to voted as set forth below. On none of the ask: Where were they—where were we—these votes would my vote have affected the Burma has ‘‘significantly expanded the five long years? How could we have let it outcome. country’s military strength while most happen? On the motion to waive the Budget other [countries] in the region are pur- One way to answer the question is to look Act with regard to Daschle amendment suing force reductions . . . military at places where it is happening still. No. 2170, I would have voted in favor. modernization since 1988 has been This week past Nobel Peace Prize winners On the final passage of H.R. 10, I would heavily tied to China as the principal will gather in Oslo to honor one missing lau- reate Aung San Suu Kyi, the rightful leader have voted in favor of the bill. On clo- source of equipment—variously valued at between $1 billion and $2 billion. of the Southeast Asian nation of Burma, ture on the motion to proceed to S. wasn’t allowed to pick up her prize in 1991, 1731, I would have voted in favor of clo- [The purchase of the MiGs from Russia] and a decade later she remains under house ture. following up its 1996 purchase of Mi-17 arrest and cut off from the world. Her coun- f helicopters, suggests that a new dimen- trymen—some 48 million of them, more or sion could dominate the next phase of less double Afghanistan’s population—are LOCAL LAW ENFORCEMENT ACT development . . . [the SPDC] has stat- preyed upon by their leaders much as Af- OF 2001 ed publicly that armed forces strength ghans were by theirs. Mr. SMITH of Oregon. Mr. President, has been targeted to expand by a fur- The facts are depressingly familiar to the ther 25 percent, to 500,000.’’ relatively few who follow events in Burma I rise today to speak about hate crimes (renamed Myanmar by the junta). A prom- legislation I introduced with Senator Lest my colleagues fail to understand ising, resource-rich nation with a well-edu- KENNEDY in March of this year. The what is happening in Rangoon today, cated and peaceable population has been Local Law Enforcement Act of 2001 let me sketch a quick outline: ground gradually toward poverty and igno- would add new categories to current The legitimately elected leader of rance by a succession of malevolent and mis- hate crimes legislation sending a sig- Burma—Daw Aung San Suu Kyi of the guided rulers. nal that violence of any kind is unac- National League for Democracy In 1990 the ruling junta, apparently de- ceptable in our society. (NLD)—continues to be under house ar- luded about its popularity, as dictators frequently are, staged elections. The National I would like to describe a terrible rest in Rangoon, with up to 1,800 polit- League for Democracy, led by Aung San Suu crime that occurred November 11, 2001 ical prisoners languishing in Burmese Kyi, won four out of every five parliamen- in Milwaukee, WI. A lesbian woman, prisons. While SPDC thugs and Suu tary seats, even though she was already Juana Vega, was brutally assaulted Kyi are engaged in ‘‘talks’’, the junta under house arrest. Instead of letting the and shot five times at point-blank is building up its military strength and parliament meet, the generals put many of range. Pablo Parrilla, the brother of purchasing billions of dollars of mili- the winners in jail, where some remain to Vega’s then-girlfriend, has been ar- tary hardware from Russia and China. this day. rested in connection with Vega’s mur- To say that the defense build-up sends Among juntas, Burma’s is particularly famous for its use of forced unpaid labor. As der. Mr. Parilla objected to his sister’s conflicting messages to the NLD and many as 1 million Burmese, by the estimate relationship with Vega, and reportedly the world is a gross understatement. of the International Confederation of Free threatened to kill Vega for ‘‘turning Meanwhile, the people of Burma suf- Trade Unions, have been press-ganged into his sister gay.’’ fer from neglect and abuse at the hands building roads, railroads and military instal- I believe that government’s first duty of the SPDC who attached absolutely lations. Many of the conscripted are chil- is to defend its citizens, to defend them no importance to the welfare of Bur- dren. Many are forced to act as porters for against the harms that come out of mese citizens. None. And to make mat- the army, often in dangerous circumstances. hate. The Local Law Enforcement En- ters worse, Japan appears to be reward- The generals, fearing the people they rule, maintain an army of 400,000. They have shut- hancement Act of 2001 is now a symbol ing the SPDC by providing a grant aid tered the country’s universities for most of that can become substance. I believe to Burma for the repair of the the past decade. People are jailed for posses- that by passing this legislation, we can Baluchaung Hydroelectric Power Plant sion of unlicensed fax machines. Media are change hearts and minds as well. in Karenni State. The Japanese govern- controlled by the state. Some 1,500 people

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12461 are in prison for political crimes, mostly for Recently, Peru experienced a peaceful The resolution of ratification is as having sought to peacefully express opinions democratic transition from autocratic follows: of which the regime did not approve. In a rule. In Colombia alone, ATPA helped INTERNATIONAL CONVENTION FOR SUPPRESSION country where one in three children is mal- to create over 140,000 new jobs. Today, OF FINANCING TERRORISM (TREATY DOC. 106– nourished, the generals recently agreed to 49) buy from Russia a dozen advanced MiG–29 farmers in the region are choosing to Resolved (two-thirds of the Senators present fighter jets. plant coffee beans, asparagus, and flow- concurring therein), The combined effect of repression and the ers instead of coca. With the expiration military’s incompetence is ever-worsening of ATPA, these successes are now in SECTION 1. ADVICE AND CONSENT TO RATIFICA- TION OF THE INTERNATIONAL CON- poverty. In the past year, the local currency jeopardy. VENTION FOR THE SUPPRESSION OF has lost half its value. The only export on an While our nation remains engaged in THE FINANCING OF TERRORISM, upward curve is heroin. Vast acreages of rain a battle against terrorism, we must not SUBJECT TO A RESERVATION, UN- forest have been destroyed to feed the gen- lose sight of the critical security risks DERSTANDINGS, AND CONDITIONS. erals’ corruption. Just in the past two that remain not far beyond our bor- The Senate advises and consents to the ratification of the International Convention months, the BBC recently reported, food ders. The Andean region is not only the prices have doubled, and power outages have for the Suppression of the Financing of Ter- become routine. HIV–AIDS is spreading fast. world’s primary source of coca, it is rorism, adopted by the United Nations Gen- Despite democracy’s advances around the also a haven for terrorism and terrorist eral Assembly on December 9, 1999, and world in recent years, the Burmese assuredly groups that thrive on funding derived signed on behalf of the United States of are not the only people still enchained. from the drug trade. I am a staunch America on January 10, 2000 (Treaty Docu- North Koreans, Chinese, Belarusians, Iraqis, supporter of our war efforts, but I am ment 106–49; in this resolution referred to as Cubans—all are denied their freedoms, yet also fearful of the consequences of ne- the ‘‘Convention’’), subject to the reserva- none is about to be liberated by U.S. bomb- glecting this troubled region within tion in section 2, the understandings in section 3, and the conditions in section 4. ing. There’s a limit to what we can do, and our own hemisphere. what we should do. SEC. 2. RESERVATION. We are now at a critical juncture. The advice and consent of the Senate Yet in all of those places the United States Failing to extend ATPA sends a mes- can and should press for freedom. In Burma, under section 1 is subject to the reservation, economic sanctions are beginning to have sage to terrorist groups, drug traf- which shall be included in the United States some effect. Concerned about their image fickers, and counter-revolutionaries, instrument of ratification of the Convention, and the economy, the generals have released that the United States is no longer that some 200 political prisoners and at least en- committed to the region, and this inac- (a) pursuant to Article 24(2) of the Conven- tertained the efforts of a U.N. envoy, now on tion could impact our national secu- tion, the United States of America declares his sixth trip to the nation. If other coun- rity. Terrorism lurks in abandoned and that it does not consider itself bound by Ar- tries remain steadfast in supporting Aung ticle 24(1) of the Convention; and hopeless regions, where good people re- (b) the United States of America reserves San Suu Kyi—refusing to provide aid, for ex- sort to such measures out of despera- ample, except in consultation with her— the right specifically to agree in a particular there’s some hope for more progress. tion. As our nation’s attention focuses case to follow the arbitration procedure set Burma, after all, would require no nation- on the war effort, we must not allow forth in Article 24(1) of the Convention or building, no Bonn conferences, no search for ourselves to neglect regions that still any other procedure for arbitration. a viable opposition. A qualified and demo- need our support and attention. SEC. 3. UNDERSTANDINGS. cratically elected leader waits quietly in her In March, Senator GRAHAM intro- The advice and consent of the Senate lakefront Rangoon house, still committed duced S. 525, the Andean Trade Pref- under section 1 is subject to the following after a decade to human rights and non- erence Expansion Act, of which I am a understandings, which shall be included in the United States instrument of ratification violent change. When she finally moves to proud co-sponsor. That bill would ex- the prime minister’s office that belongs to of the Convention: pand and extend the current act, with (1) EXCLUSION OF LEGITIMATE ACTIVITIES her, and the Burmese people cheer their lib- the hope of furthering economic devel- eration as many Afghans have been cheering AGAINST LAWFUL TARGETS.—The United theirs, it would be nice if we could say at opment and stability in the region. Un- States of America understands that nothing least: We’re not surprised. We knew that ter- fortunately, that bill has yet to be de- in the Convention precludes any State Party rible things were happening. We were with bated on the Senate floor. While the to the Convention from conducting any le- you all along. Senate remains mired in partisan gitimate activity against any lawful target squabbling, the House of Representa- in accordance with the law of armed conflict. f (2) MEANING OF THE TERM ‘‘ARMED CON- tives successfully passed a good bill on FLICT’’.—The United States of America un- ANDEAN TRADE PREFERENCE ACT November 16 to extend and to expand derstands that the term ‘‘armed conflict’’ in Mr. MCCAIN. Mr. President, the An- ATPA. The expiration of ATPA should Article 2(1)(b) of the Convention does not in- dean Trade Preference Act (ATPA) ex- be a concern of all of us. I hope that clude internal disturbances and tensions, pired yesterday. Signed into law in 1991 the Majority leader will expeditiously such as riots, isolated and sporadic acts of violence, and other acts of a similar nature. by the former President Bush, this Act move to schedule floor time for the SEC. 4. CONDITIONS. established a unique approach to com- consideration of an expansion of this important legislation before the fragile The advice and consent of the Senate bating the War on Drugs in Latin under section 1 is subject to the following America. Rather than assisting Bo- economies of the Andean region are conditions: livia, Colombia, Ecuador, and Peru left to falter. (1) TREATY INTERPRETATION.—The Senate solely through military assistance or f reaffirms condition (8) of the resolution of direct financial aid, the supporters of ratification of the Document Agreed Among EXECUTIVE SESSION the States Parties to the Treaty on Conven- ATPA sought to reduce drug traf- tional Armed Forces in Europe (CFE) of No- ficking through economic expansion. It vember 19, 1990 (adopted at Vienna on May was believed that increased trade INTERNATIONAL CONVENTION FOR 31, 1996), approved by the Senate on May 14, would promote healthy economies, di- SUPPRESSION OF FINANCING 1997 (relating to condition (1) of the resolu- versify export bases, and create jobs TERRORISM tion of ratification of the INF Treaty, ap- outside of the drug trade. Unlike other Mr. REID. Mr. President, I ask unan- proved by the Senate on May 27, 1988). forms of aid, the expansion of free imous consent that the Senate now (2) PROHIBITION ON EXTRADITION TO THE trade benefits everyone. American con- INTERNATIONAL CRIMINAL COURT.—The United proceed in Executive Session to the States shall not transfer any person, or consumers benefit from a wider variety of consideration of Executive Calendar sent to the transfer of any person extradited lower-priced goods, while the citizens No. 2, International Convention for by the United States, to the International of Andean nations benefit from the cre- Suppression of Financing Terrorism; Criminal Court established by the Statute ation of legitimate jobs outside of the that the treaty be considered as having adopted in Rome, Italy, on July 17, 1998 un- drug trade. advanced to its parliamentary status less the Rome Statute has entered into force Since the enactment of ATPA, posi- up to and including the presentation of for the United States, by and with the advice tive changes have occurred within the resolution of ratification, and that the and consent of the Senate, as required by Ar- region. Two-way trade between the ticle II, Section 2, Clause 2 of the United reservation, understandings, and condi- States Constitution. United States and the Andean nations tions be agreed to. (3) SUPREMACY OF THE CONSTITUTION.— has doubled. Bolivia succeeded in The PRESIDING OFFICER. Without Nothing in the Convention requires or au- eradicating 95% of its coca plantations. objection, it is so ordered. thorizes the enactment of legislation or the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12462 CONGRESSIONAL RECORD — SENATE December 5, 2001 taking of any other action by the United (a) pursuant to Article 20(2) of the Conven- in the affirmative, the resolution of States that is prohibited by the Constitution tion, the United States of America declares ratification is agreed to. of the United States as interpreted by the that it does not consider itself bound by Ar- Mr. REID. Mr. President, I ask unan- United States. ticle 20(1) of the Convention; and imous consent that the motions to re- (b) the United States of America reserves Mr. REID. Mr. President, I ask for a consider be laid upon the table, that division vote. the right specifically to agree in a particular case to follow the procedure in Article 20(1) any statements thereon be printed in The PRESIDING OFFICER. A divi- of the Convention or any other procedure for the RECORD, that the President be im- sion is requested. arbitration. mediately notified of the Senate’s ac- Senators in favor of the resolution of SEC. 3. UNDERSTANDINGS. tion, and the Senate return to legisla- ratification will rise and stand until The advice and consent of the Senate tive session. counted. under section 1 is subject to the following The PRESIDING OFFICER. Without Those opposed will rise and stand understandings, which shall be included in objection, it is so ordered. until counted. the United States instrument of ratification Mr. BIDEN. Mr. President, I am On a division, two-thirds of the Sen- of the Convention: (1) EXCLUSION FROM COVERAGE OF TERM pleased to present to the Senate two ators present and voting having voted multilateral conventions, negotiated in the affirmative, the resolution of ‘‘ARMED CONFLICT’’.—The United States of America understands that the term ‘‘armed within the UN system, to combat two ratification is agreed to. conflict’’ in Article 19(2) of the Convention specific aspects of international ter- Mr. REID. Mr. President, in that di- does not include internal disturbances and rorism. The treaties, the International vision vote, did the Chair call those op- tensions, such as riots, isolated and sporadic Convention for the Suppression of Ter- posed to the ratification? I failed to acts of violence, and other acts of a similar rorist Bombings, and the International hear that. Will the Chair do that again, nature. Convention for the Suppression of the please. (2) MEANING OF TERM ‘‘INTERNATIONAL HU- Financing of Terrorism, will provide The PRESIDING OFFICER. A divi- MANITARIAN LAW’’.—The United States of important tools to the President in the sion is requested. America understands that the term ‘‘inter- Senators in favor of the resolution of national humanitarian law’’ in Article 19 of global campaign against terrorism. the Convention has the same substantive The two treaties are similar in ap- ratification will rise and stand until meaning as the law of war. proach: they require parties to crim- counted. (3) EXCLUSION FROM COVERAGE OF ACTIVI- inalize the proscribed behavor—engag- Those opposed will rise and stand TIES BY MILITARY FORCES.—The United States ing in international terrorist bombings until counted. understands that, under Article 19 and Arti- On a division, two-thirds of the Sen- cle 1(4), the Convention does not apply to— and fund raising for international ter- ators present and voting, having voted (A) the military forces of a state in the ex- rorism—and to either extradite an al- in the affirmative, the resolution of ercise of their official duties; leged offender to another nation that (B) civilians who direct or organize the of- ratification is agreed to. has jurisdiction to prosecute or to sub- ficial activities of military forces of a state; mit the case for prosecution. f or The conventions have received in- (C) civilians acting in support of the offi- INTERNATIONAL CONVENTION FOR cial activities of the military forces of a creasing support from the nations of THE SUPPRESSION OF TER- state, if the civilians are under the formal the world. In the last several weeks, RORIST BOMBINGS command, control, and responsibility of many nations have signed or ratified Mr. REID. Mr. President, I ask unan- those forces. the treaties. For example, when the imous consent that the Senate now SEC. 4. CONDITIONS. Committee on Foreign Relations held a proceed to the consideration of Execu- The advice and consent of the Senate hearing on the treaties in late October, under section 1 is subject to the following tive Calendar No. 3, the International 58 countries had signed the Inter- conditions: national Convention for the Suppres- Convention for the Suppression of Ter- (1) TREATY INTERPRETATION.—The Senate rorist Bombings; that the treaty be re-affirms condition (8) of the resolution of sion of the Financing of Terrorism, but considered as having advanced through ratification of the Document Agreed Among just four had become parties to it. As its parliamentary stages up to and in- the States Parties to the Treaty on Conven- of today, according to the web page of cluding the presentation of the resolu- tional Armed Forces in Europe (CFE) of No- the United Nations, 125 countries have tion of ratification and that the res- vember 19, 1990 (adopted at Vienna on May signed the Convention, and 15 have be- 31, 1996), approved by the Senate on May 14, ervation, understandings and condi- come party to it. It will enter into 1997 (relating to condition (1) of the resolu- force when 22 nations become party to tions be agreed to. tion of ratification of the INF Treaty, ap- The PRESIDING OFFICER. Without proved by the Senate on May 27, 1988). it, so the Senate’s action today will be objection, it is so ordered. (2) PROHIBITION ON EXTRADITION TO THE an important step in helping bring the The resolution of ratification is as INTERNATIONAL CRIMINAL COURT.—The United Convention closer to entry into force. follows: States shall not transfer any person, or con- I applaud and support the global INTERNATIONAL CONVENTION FOR THE SUP- sent to the transfer of any person extradited campaign against terrorism that Presi- PRESSION OF TERRORIST BOMBINGS (TREATY by the United States, to the International dent Bush has waged to date. If we DOC. 106–6) Criminal Court established by the Statute have learned anything about foreign adopted in Rome, Italy, on July 17, 1998, un- Resolved (two-thirds of the Senators present policy since September 11, it is the less the Rome Statute has entered into force concurring therein), for the United States, by and with the advice global leadership and multilateral co- SECTION 1. ADVICE AND CONSENT TO RATIFICA- and consent of the Senate, as required by Ar- operation are essential to combating TION OF THE INTERNATIONAL CON- the terrorist networks. If we want to VENTION FOR THE SUPPRESSION OF ticle II, Section 2, Clause 2 of the United TERRORIST BOMBINGS, SUBJECT TO States Constitution. use air power in Afghanistan, we need A RESERVATION, UNDERSTANDINGS, (3) SUPREMACY OF THE CONSTITUTION.— over-flight rights from countries AND CONDITIONS. Nothing in the Convention requires or au- around the region. If we want Al-Qaeda The Senate advises and consents to the thorizes the enactment of legislation or the cells to be investigated and arrested, taking of any other action by the United ratification of the International Convention we need our foreign partners to join us for the Suppression of Terrorist Bombings, States that is prohibited by the Constitution adopted by the United Nations General As- of the United States as interpreted by the in the effort. If we want bank accounts sembly on December 15, 1997, and signed on United States. of Osama bin Laden and his cohorts behalf of the United States of America on Mr. REID. Mr. President, I ask for a frozen, we need the assistance of for- January 12, 1998 (Treaty Document 106–6; in division vote. eign governments and foreign bankers. this resolution referred to as the ‘‘Conven- The PRESIDING OFFICER. A divi- In short, we cannot wage this cam- tion’’), subject to the reservation in section sion is requested. paign by ourselves. 2, the understandings in section 3, and the Senators in favor of the resolution of I am pleased that the administration conditions in section 4. ratification will rise and stand until strongly supports these conventions. SEC. 2. RESERVATION. They will provide additional weapons The advice and consent of the Senate counted. under section 1 is subject to the reservation, Those opposed will rise and stand in the terrorism campaign. They set which shall be included in the United States until counted. international standards—which we will instrument of ratification of the Convention, On a division, two-thirds of the Sen- expect foreign nations to embrace and that: ators present and voting, having voted enforce. The International Convention

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2001 CONGRESSIONAL RECORD — SENATE S12463 on the Suppression of the Financing of EXPRESSING SOLIDARITY WITH This bill recognizes that the use of Terrorism will be of particular impor- ISRAEL IN THE FIGHT AGAINST energy has profound consequences for tance in our continuing effort to TERRORISM economic health, environmental qual- squeeze the financial lifeblood out of Mr. REID. Mr. President, I ask unan- ity and national security. The energy the international terrorism networks. imous consent that the Senate proceed policy we choose to adopt will have Despite this support for multilateral to the immediate consideration of S. long-lasting consequences in each of approaches, I find puzzling the Admin- Con. Res. 88, introduced earlier today these areas. istration’s failure to seize the initia- by Senators BIDEN and HELMS. Today, we have an opportunity to tive in other contexts, especially at The PRESIDING OFFICER. The dramatically reshape America’s energy this time when so many countries are clerk will report the concurrent resolu- future, and it is an opportunity we can- lining up on our side in the present tion by title. not afford to lose. conflict. The vicissitudes of the war on The legislative clerk read as follows: The strength of our economy de- terrorism also present opportunities to A concurrent resolution (S. Con. Res. 88) pends, in large measure, in the abun- the United States, if only we will seize expressing solidarity with Israel in the fight dant and inexpensive supply of energy. them. against terrorism. The periodic price shocks experi- For example, we all know that rogue There being no objection, the Senate enced by American drivers since the states and terrorists are trying to ob- proceeded to consider the concurrent mid-1970s underscores the vulnerability tain biological weapons. In response to resolution. associated with our growing depend- this challenge, the Administration— Mr. REID. Mr. President, I ask unan- ence on foreign oil. At the same time, which earlier scuttled a draft compli- imous consent that the concurrent res- the rolling blackouts experienced by ance protocol to the Biological Weap- olution be agreed to, the preamble be California last summer serves as a cau- ons Convention—proposes that coun- agreed to, the motion to reconsider be tionary tale of the failure to guarantee tries enact national legislation laid upon the table, and that any state- reliable and abundant supplies of elec- criminalizng violations of the BWC, ments relating thereto be printed in tricity. improve bilateral extradition agree- the RECORD. One of the greatest environmental ments, and adopt strict standards for The PRESIDING OFFICER. Without challenges that our nation—and the access to dangerous pathogens. But as objection, it is so ordered. world—will face in the coming years is recently as earlier this week, at the The concurrent resolution (S. Con. the rising tide of global climate BWC Review Conference held every five Res. 88) was agreed to. change. The way we generate and use years, the U.S. delegation was resisting The preamble was agreed to. energy in the future will determine the idea of a protocol calling on coun- (The text of the concurrent resolu- whether we effectively face this chal- tries to take those actions. It is a mys- tion, with its preamble, is printed in lenge and prevent the catastrophic im- tery to me why the Administration today’s RECORD under ‘‘Statements on pacts of global warming, and whether cannot see the virtue of global adher- Submitted Resolutions.’’) we can make the air we breathe cleaner ence to a set of standards in the fight f and more healthy. to prevent biological terrorism. And finally, the success of our for- Mr. President, the Committee on APPOINTMENT eign policy and the security of our na- Foreign Relations recommended, by a The PRESIDING OFFICER. The tion are inextricably linked to our fu- unanimous voice vote, that the Senate Chair, on behalf of the majority leader, ture patterns of energy use. advise and consent to the two treaties pursuant to Public Law 96–114, as In the last 12 years we have spent bil- now before the body. I am pleased that amended, announces the appointment lions of dollars fighting two wars in the my colleagues have given their strong of Kevin B. Lefton, of Virginia, to the Middle East, both of which involved support to these conventions. Congressional Award Board. oil. When Iraq invaded Kuwait it en- f f dangered the oil fields that supplied a significant percentage of the world’s LEGISLATIVE SESSION MEASURE READ THE FIRST energy. The U.S., in cooperation with The PRESIDING OFFICER. The Sen- TIME—S. 1766 much of the rest of the world, was ate will now return to legislative ses- Mr. REID. Mr. President, I under- forced to respond to that threat. sion. stand S. 1766, introduced earlier today More recently, we have learned that f by Senators DASCHLE and BINGAMAN, is much of Osama bin Laden’s financial at the desk, and I ask for its first read- support came from supporters made MAKING FURTHER CONTINUING ing. rich by the oil-based economy of the APPROPRIATIONS The PRESIDING OFFICER. The Middle-East. Mr. REID. Mr. President, I ask unan- clerk will read the title of the bill for It is long past time when we take imous consent that the Senate proceed the first time. whatever steps we can toward freeing to H.J. Res. 76, the continuing resolu- The legislative clerk read as follows: ourselves from our dependence on for- tion, just received from the House and A bill (S. 1766) to provide for the energy se- eign oil, and the volatility associated now at the desk. curity of the Nation, and for other purposes. with it. The PRESIDING OFFICER. The Mr. REID. Mr. President, I now ask The bill we are introducing today is clerk will report the joint resolution for its second reading and object to my intended to address these challenges by by title. own request on behalf of the minority. pursuing a thoughtful, progressive, and The legislative clerk read as follows: The PRESIDING OFFICER. Objec- realistic energy policies. A joint resolution (H.J. Res. 76) making tion is heard. I thank Chairman BINGAMAN for the further continuing appropriations for the fis- The bill will receive its second read- job he has done in working with nine cal year 2002, and for other purposes. ing on the next legislative day. committees to produce this bill. In ad- There being no objection, the Senate f dition to his Energy and Natural Re- proceeded to consider the joint resolu- sources Committee, he also coordi- tion. THE DEMOCRATIC ENERGY BILL nated with: the Environment and Pub- Mr. REID. Mr. President, I ask unan- Mr. DASCHLE. Mr. President, after lic Works Committee; the Commerce imous consent that the joint resolution months of hard work by the chairman Committee; the Banking Committee; be read three times, passed, and the of nine committees, we are today intro- the Indian Affairs Committee; the For- motion to reconsider be laid upon the ducing legislation to establish a na- eign Relations Committee; the Govern- table, with no intervening action or de- tional energy policy. The bill we are in- mental Affairs Committee; the Agri- bate. troducing provides a blueprint for solv- culture Committee; and the Finance The PRESIDING OFFICER. Without ing many of the nation’s energy prob- Committee. objection, it is so ordered. lems, and will provide the American The events of September 11 have dic- The joint resolution (H.J. Res. 76) people with clean, reliable, and afford- tated that committees which have ju- was read the third time and passed. able energy for generations to come. risdiction over key elements of energy

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12464 CONGRESSIONAL RECORD — SENATE December 5, 2001 policy deal with the issues that de- development of energy-efficient and re- ask unanimous consent the Senate mand our immediate attention. Those newable energy technologies, and more stand in adjournment under the pre- committees are now turning to their efficient use of fossil fuels. vious order. I appreciate the patience energy-related work, and will have By reducing emissions of carbon di- of the Presiding Officer. their provisions complete prior to floor oxide, our bill is designed to help re- There being no objection, the Senate, debate. store American’s tattered credibility at 8:05 p.m., adjourned until Thursday, For Example, the Commerce Com- with the international community on December 6, 2001, at 10:30 a.m. the issue of climate change. mittee has worked tirelessly to address f aviation security and now is turning This bill includes climate change its attention to fuel economy. It will provisions developed by the Commit- NOMINATIONS develop provisions designed to improve tees on Energy, Environment, Agri- Executive nominations received by fuel efficiency of vehicles over the next culture, Governmental Affairs, Foreign the Senate December 5, 2001: Relations and Commerce. 2 months and add them to this pack- DEPARTMENT OF THE TREASURY age. I am pleased that Senator BINGAMAN has included the Byrd-Stevens climate RANDAL QUARLES, OF UTAH, TO BE A DEPUTY UNDER The Finance Committee, which has SECRETARY OF THE TREASURY, VICE EDWIN M. TRU- spent so much time working on the change legislation. This is a bipartisan MAN, RESIGNED. economic stimulus legislation, will de- and voluntary proposal that was passed IN THE ARMY velop and add an energy tax component unanimously by the Government Af- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT designed to spur investment in new, ef- fairs Committee earlier this year. IN THE RESERVE OF THE ARMY TO THE GRADES INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ficient energy technologies. It requires the establishment of com- To be major general And the Environment and Public prehensive national plan, including a renewed commitment to develop the BRIGADIER GENERAL DONNA F. BARBISCH, 0000 Works Committee will add provisions BRIGADIER GENERAL JAMIE S. BARKIN, 0000 related to the protection and insurance next generation energy technologies. BRIGADIER GENERAL ROBERT W. CHESNUT, 0000 We have complemented the Byrd-Ste- BRIGADIER GENERAL RICHARD S. COLT, 0000 of commercial nuclear facilities. BRIGADIER GENERAL LOWELL C. DETAMORE, 0000 While those elements will continue vens proposal with other climate BRIGADIER GENERAL DOUGLAS O. DOLLAR, 0000 change proposals from members on BRIGADIER GENERAL KENNETH D. HERBST, 0000 to fall into place, the pieces of the bill BRIGADIER GENERAL KAROL A. KENNEDY, 0000 already in place outline a balanced en- both sides of the aisle. BRIGADIER GENERAL RODNEY M. KOBAYASHI, 0000 I know many of my colleagues are BRIGADIER GENERAL ROBERT B. OSTENBERG, 0000 ergy plan that will strengthen our BRIGADIER GENERAL MICHAEL W. SYMANSKI, 0000 economy, protect our environment, and eager to debate our energy policy, and BRIGADIER GENERAL WILLIAM B. WATSON JR., 0000 provide energy security for our nation I look forward to giving this issue the To be brigadier general substantive debate it deserves shortly for decades to come. COLONEL JAMES E. ARCHER, 0000 The bill Senator BINGAMAN and I are after the new year. COLONEL THOMAS M. BRYSON, 0000 introducing today includes provisions I look forward to working with the COLONEL PETER S. COOKE, 0000 White House, Senate Republicans, and COLONEL DONNA L. DACIER, 0000 promoting renewable energy, clean COLONEL CHARLES H. DAVIDSON IV, 0000 coal use, oil and gas exploration, as our colleagues in the House to shape a COLONEL MICHAEL R. EYRE, 0000 national energy policy that can be COLONEL DONALD L. JACKA JR., 0000 well as greater efforts to improve the COLONEL WILLIAM H. JOHNSON, 0000 signed into law. COLONEL ROBERT J. KASULKE, 0000 efficiency with which we use that en- COLONEL JACK L. KILLEN JR., 0000 ergy. It will create hundreds of thou- f COLONEL JOHN C. LEVASSEUR, 0000 COLONEL JAMES A. MOBLEY, 0000 sands of new jobs, while reducing our ORDERS FOR THURSDAY, COLONEL MARK A. MONTJAR, 0000 dependence on foreign oil. DECEMBER 6, 2001 COLONEL CARRIE L. NERO, 0000 COLONEL ARTHUR C. NUTTALL, 0000 Under our legislation, the federal Mr. REID. Mr. President, I ask unan- COLONEL PAULETTE M. RISHER, 0000 government will lead by exemple—re- COLONEL KENNETH B. ROSS, 0000 imous consent that when the Senate COLONEL WILLIAM TERPELUK, 0000 ducing consumption of energy by 20 completes its business today, it ad- COLONEL MICHAEL H. WALTER, 0000 percent by 2011 and purchasing 7.5 per- COLONEL ROGER L. WARD, 0000 journ until the hour of 10:30 a.m. on COLONEL DAVID ZALIS, 0000 cent of its energy from renewable Thursday, December 6; that imme- COLONEL BRUCE E. ZUKAUSKAS, 0000 sources by 2010. diately following the prayer and the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Our proposal requires utilities to pledge, the Journal of proceedings be TO THE GRADE INDICATED IN THE UNITED STATES ARMY generate and sell 10 percent of their UNDER TITLE 10, U.S.C., SECTION 624: approved to date, the morning hour be To be colonel electricity from renewable energy deemed expired, the time for the two ROBERT W. SIEGERT, 0000 sources by 2020. It requires that five leaders be reserved for their use later billion gallons per year of renewable in the day, and the Senate proceed to a THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT fuels, such as ethanol and biodiesel, TO THE GRADE INDICATED IN THE UNITED STATES ARMY period of morning business with Sen- IN THE VETERINARY CORPS UNDER TITLE 10, U.S.C., SEC- must be used in the nation’s transpor- ators permitted to speak for up to 10 TIONS 624 AND 3064: tation fuels marked by 2012. minutes each. To be colonel We increase funding for LIHEAP and The PRESIDING OFFICER. Without CATHERINE M. BANFIELD, 0000 state energy weatherization grants. objection, it is so ordered. MICHELLE C. ROSS, 0000 Our bill establishes permanent au- JAMES R. SWEARENGEN, 0000 f CLIFFORD L. WALKER, 0000 thority for the President to operate the JACK M. WEDAM, 0000 Strategic Petroleum Reserves and re- PROGRAM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY quest that it be filled. The bill over- Mr. REID. For the information of all IN THE MEDICAL SPECIALIST CORPS UNDER TITLE 10, turns the air conditioner efficiency Senators, we expect to go into execu- U.S.C., SECTIONS 624 AND 3064: standard recently adopted by DOE and tive session at approximately 11 a.m. To be colonel replaces it with a more aggressive tomorrow to consider executive nomi- MARY CARSTENSEN, 0000 standard. nations, with as many as three rollcall LAURA H. KOSTNER, 0000 MARY S. LOPEZ, 0000 We authorize up to $10 billion in loan votes on judicial nominations. This DEBORAH M. STETTS, 0000 guarantees to encourage timely devel- will be prior to consideration of the De- WILLIAM L. TOZIER, 0000 opment of a pipeline to bring 35 trillion fense appropriations bill which will f cubic feet of natural gas from Alaska begin at or about noon tomorrow. CONFIRMATION to the lower 48 states. Construction of f this pipeline is expected to generate Executive nomination confirmed by 400,000 new jobs. ADJOURNMENT UNTIL 10:30 A.M. the Senate December 5, 2001: TOMORROW To keep our nation moving forward, EXECUTIVE OFFICE OF THE PRESIDENT our plan authorizes billions of dollars Mr. REID. If there is no further busi- JOHN P. WALTERS, OF MICHIGAN, TO BE DIRECTOR OF of additional funding for research and ness to come before the Senate, I now NATIONAL DRUG CONTROL POLICY.

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ENERGY POLICY CRITICALLY oil under Alaska’s Coastal Plain. At full pro- member our veterans and the sacrifices they IMPORTANT TO FARMERS duction, some estimates indicate that Coast- made to uphold our freedoms. al Plain oil could contribute about 25 percent f HON. DOUG BEREUTER of our energy needs. What Coastal Plain oil provides as well is a secure source of domes- MEDICATIONS FOR DIABETES OF NEBRASKA tic energy. Farmers who lived through the IN THE HOUSE OF REPRESENTATIVES Arab oil embargo of the early 1970s and the Wednesday, December 5, 2001 energy supply problems of the last two years HON. LINDSEY O. GRAHAM can testify to the disruption and economic OF SOUTH CAROLINA Mr. BEREUTER. Mr. Speaker, this Member pain caused by an unstable oil supply. Coast- IN THE HOUSE OF REPRESENTATIVES commends to his colleagues the following al Plain oil could serve as a buffer against opinion piece written by Mr. Bryce Neidig, Iraqi or Iranian led embargoes, for example. Wednesday, December 5, 2001 president of the Nebraska Farm Bureau Fed- Farmers and ranchers work long, hand Mr. GRAHAM. Mr. Speaker, for years too eration, which appeared in the November 27, hours to keep their operations successful. The hard reality is that for most farmers, many Americans have suffered the ravaging 2001, York News-Times. Mr. Neidig makes a effects of Diabetes. While there have been convincing case for passing legislation which the line between success and failure is thin. Sudden spikes in energy prices because of many promising advancements in the diabetes would implement a national energy policy. As shortages or embargoes could spell doom for research field, there have also been many dis- Mr. Neidig stresses, farmers are heavily reliant many of America’s farmers. appointing setbacks. on petroleum products and could suffer great The National Energy Security Act 2001 is One key to proper treatment of Diabetes hardship if Congress fails to develop a mean- our nation’s best opportunity to chart a has been the development and the use of new ingful energy policy course out of a crisis that was many years in medications. However, the Congress, ques- On August 2, 2001, the House approved an the making. Farmers and all of us who make tions have been raised about the safety of energy bill which would diversify our energy our living through agriculture need to en- Rezulin and other medications approved by sources and create greater energy reliability courage our members of Congress to back the Food and Drug Administration (FDA) for and independence for the United States. Now this legislation, for the sake of our families and farms. this use. is the time to enact a long-term energy policy. In my home state of South Carolina, Mrs. Congress must help assure farmers and all f Francis Geddings took Rezulin as a treatment Americans of the increased development of di- EXPRESSING SENSE OF HOUSE OF from April 1997 to January 1998. She was verse, reliable, and affordable energy sources. REPRESENTATIVES THAT VET- hospitalized in 1999 and tragically passed NATIONAL ENERGY POLICY NEEDS FARMERS’ ERANS DAY CONTINUE TO BE away from liver failure last year. She left be- SUPPORT OBSERVED ON NOVEMBER 11 hind her husband, Eugene, and many ques- American agriculture is intensely depend- tions about the safety of this drug. ent on petroleum. In fact, it’s the lifeblood of SPEECH OF farming. Our nation is facing an energy cri- Rezulin was eventually removed from the sis, and farmers stand to suffer as a result— HON. BRIAN D. KERNS market, but many questions remain. To avoid unless federal legislation is passed soon to OF INDIANA future tragedies like the one that visited the end the crisis. Geddings family, we must continually review IN THE HOUSE OF REPRESENTATIVES The House of Representatives adopted a how medication is made available for public comprehensive energy package in August— Tuesday, December 4, 2001 use. Attached are documents that show only a the National Energy Security Act 2001—that holds many keys to solving the nation’s en- Mr. KERNS. Madam Speaker, I rise today in small part of the Rezulin story. It is up to Con- ergy dilemma. It includes fuel alternatives, strong support of H. Res. 298, a resolution to gress to continue doing everything we can to incentives to reduce consumption, aid to preserve the spirit and true intention of Vet- make the FDA approval process as safe and low-income fuel programs, and a provision erans’ Day. Throughout the course of our Na- open as possible. for oil exploration and production in a tiny tion’s history, courageous men and women Americans need to know that according to portion of the Coastal Plain in the Arctic have stepped forward in times of war and an FDA document created by several of the National Wildlife Refuge (ANWR). The Sen- peace to serve in our Armed Forces. They FDAs premier scientists, 1 in 1,000 patients ate needs to pass the act this year. Farmers could be among the hardest hit if have done so to protect the freedoms that we, who took Rezulin for more than one year will we fail to enact a national energy policy. Oil as Americans, are blessed with each day. die of fatal liver disease. Pharmaceuticals or gas shortages, scarcity, or worse, embar- Their service has often taken them far away companies everywhere can learn from the goes, could send the price of energy soaring. from their homes, their family, and their tragic history of Rezulin. Higher input costs and low commodity prices friends, and has placed them in harms way. DEPARTMENT OF HEALTH AND HUMAN are squeezing many producers at this time. Whenever and wherever called upon they an- SERVICES, PUBLIC HEALTH SERV- Petroleum products and natural gas pro- swered that call to duty, and their blood has ICE, FOOD AND DRUG ADMINISTRA- vide heating oil and diesel to run equipment TION, CENTER FOR DRUG EVALUA- and they are a key ingredient in virtually all been shed in defense of our liberty. Now, as our Nation is leading the war on TION AND RESEARCH. fertilizers and many other production inputs. December 19, 2000. Increases in energy prices ripple through the terrorism, the heroic acts of our American From: David J. Graham, MD, MPH, Asso- entire farm economy, spiking the costs to service men and women overseas and the 48 ciate Director for Science, Office of Post- run farms and ranches. million who came before them to defend our marketing Drug Risk Assessment (HFD– Conservation and development of alter- country, deserve nothing less than a commit- 400), Lanh Green, RPh. MPH, Safety Eval- native fuels are important components of the ment by the Congress to preserve the sanctity uator, Division of Drug Risk Evaluation II legislation and are critical to agriculture’s and true mission of Veterans’ Day. (HFD–400). support for a national energy policy. How- Through: Martin Himmel, MD, MPH, Deputy ever, exploration and production of domestic While we can never adequately repay our men and women in uniform for the sacrifices Director, Office of Postmarketing Drug oil and gas are a critical part of this pro- Risk Assessment (HFD–400). posed act as well. As our nation grows and as they have made to keep America free, we can To: David G. Orloff, MD, Director, Division the economy expands, so grows the need for honor and thank them for their service. With of Metabolic and Endocrine Drug Products more oil and gas. More oil and gas produc- our way of life, our freedoms, under attack at (HFD–510). tion is a must in order to stabilize energy home and abroad, now more than ever, it is Subject: Final Report: Liver Failure Risk prices for farmers and consumers, which is imperative that we guarantee that our veterans with Troglitazone (Rezulin), NDA: 20–720. why many producers support the environmentally safe development of domestic and are honored. I urge my colleagues to support EXECUTIVE SUMMARY off-shore oil production. this resolution and maintain November 11 as The following report summarizes the ac- It is my understanding that there could be Veterans’ Day—a special day of national ob- tivities of the Office of Postmarketing Drug upwards of 16 billion barrels of recoverable servance that we, as a nation, set aside to re- Risk Assessment and its evaluation of the

∑ 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. E2208 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 risk of acute liver failure (ALF) with the use of ALF in the U.S. was due to viral hepatitis troglitazone showed that ALT elevation of troglitazone for the treatment of diabetes. (primarily hepatitis B), with 15% due to ac- above 3 ULN occurred in 1.9% of treated pa- The report is divided into topical areas re- etaminophen and about 10% due to other tients. More importantly, it provided an esti- lated to varying aspects of the issue. drugs and toxins. mate of the incidence of hospitalized drug- We estimated the background rate of acute * * * * * induced hepatitis that was more than 50-fold liver failure in the general population to the greater than the background rate suggested The Diabetes Prevention Program (DPP) about 1 case per million persons per year by the literature. (person-years). Using case reports data sup- was a NIH-sponsored clinical trial performed Soon after US marketing began, FDA plemented by usage data from a large multi- on patients with impaired glucose tolerance began receiving case reports of ALF in pa- slate managed care organization, we esti- (IGT), but not diabetes. Its purpose was to tients who were using troglitazone. A series mated the rate of ALF with troglitazone to study whether treatment of IGT with oral of labeling revisions and ‘‘Dear Healthcare be about 1 case per 1000 person-years (ac- hypoglycemic agents could prevent or delay Professional’’ letters followed, recom- counting for underreporting). From three the onset of diabetes. One arm of the trial in- mending increasing performance of liver en- postmarketing clinical studies, the incidence cluded 585 patients treated with troglitazone zyme monitoring as a means of reducing or of ALF ranged from about 1,200 to 17,000 per on average for one year. From this group, eliminating risk of ALF. Despite those inter- million person-years. Survival analysis sug- one patient died of fulminant ALF, for an in- ventions, cases continued to be steadily re- gested that the cumulative risk of ALF with cidence rate of 1,724 per 106 person-years (95% ported to FDA. troglitazone increased with continuing use of confidence interval 44–9,569). Our analyses of the original 43 US cases the drug. The implications of this for a prod- The REACH study was a Warner-Lambert/ found that there were no apparent risk fac- uct intended to bee used for decades should Parke-Davis sponsored postmarketing study tors by which to identify patients who might not be overlooked. to collect additional information on efficacy be at increased risk of developing ALF while Based on a number of different analyses, and safety of troglitazone. At the time when using troglitazone. Furthermore, the onset underreporting of ALF with troglitazone was 2,433 patients were enrolled in the study, of liver disease was usually heralded by the extensive. This highlights the limitations of with an average duration of treatment <4 appearance of jaundice, by which time, voluntary (spontaneous) reporting systems. months, one patient died of fulminant ALF, irreversibility had been passed in these cases It also illustrates the danger of using for an incidence rate of 1,274 per 106 person- who usually progressed quickly to changes in reporting over time as a message years (95% CI 32–7,077). encephalopathy: Examination of 12 cases of success of an intervention. Reporting nat- Another Warner-Lambert/Parke-Davis with adequate liver enzyme monitoring prior urally decreases quickly after the start of postmarketing study, Protocol II, was con- to onset of liver disease showed that in 75%, marketing so that one cannot cite a decline ducted to study the effect of troglitazone use patients went from having normal liver en- in number of case reports as evidence that a on the insulin does required by diabetic pa- zymes to irreversible progression towards safety problem has been successfully man- tients enrolled in the study. There were 233 liver failure within the recommended moni- aged. patients enrolled in this randomized double- toring interval. In the three other cases, the Multiple labeling revisions and ‘‘Dear blind placebo-controlled trial, each treated patients remained on troglitazone after the Healthcare Professional’’ letters recom- for a maximum of 6 months. Of this group, first recorded enzyme abnormally so that it mending monthly liver enzyme monitoring one died of liver failure. Of note, this patient was not possible to identify when the point did not improve the safety profile of developed liver enzyme abnormalities in No- of irreversibility was passed. Of note, there troglitazone. Enzyme monitoring was not vember 1998 and was withdrawn from the were no differences between the 12 ‘‘rapid ris- performed regularly or reliably even after study. His liver enzymes did not normalize ers’’ and the remaining 31 cases for whom we the July 1998 relabeling. Analysis of case re- and in early March 1999, the blind was bro- lacked data on the time-course of their liver ports suggested that even had monitoring ken for this patient to see whether he had re- enzyme elevations. From these data, we con- been performed, it probably would not have ceived troglitazone or placebo. He had been cluded that it was not possible to prevent prevented many, or perhaps any, cases of treated with troglitazone. He was in hospital ALF by patient selection or to predict who troglitazone-induced ALF. The ‘‘point of no for evaluation of his liver disease on the day was at risk. Also, monthly liver enzyme return,’’ that is, of irreversibility and inevi- of the March 1999 advisory meeting, and died monitoring would probably fail to prevent at table progression to liver failure appeared to of liver failure three days after the meeting. least 75% and perhaps 100% of cases. be reached within about a month or less of a Assuming that 50% of randomized patients The cases reported to FDA were also used time when liver enzymes were normal. were treated with troglitazone for a max- to estimate the pattern of ALF risk over Troglitazone appeared to confer a substan- imum of 6 months, the incidence rate in this time of continued use of troglitazone. This tially greater risk of ALF than rosiglitazone. study was about 16,949 per 106 person-years too was presented at the March 1999 advisory However, the risk of ALF with rosiglitazone (95% CI 429–90,855). meeting. Analysis showed a marked rise in appeared to be higher than the expected In each of these three studies, fatal liver risk beginning with the first month of background rate. failure was observed at an extremely high troglitazone use. With continued follow-up BACKGROUND ON ACUTE LIVER FAILURE rate, ranging from 1,274 to 16,949 per 106 per- after the advisory meeting, our expectation Acute liver failure is a rapidly progressive son-years. Based on data from the published was confirmed that heightened ALF risk disorder characterized by hepatic literature discussed above, we would expect continued for as long as troglitazone was encephalopathy, and frequently, about 1 case of ALF per 106 person-years used. In other words, the risk of ALF did not coagulopathy (both platelets and clotting meaning that the occurrence of liver failure disappear after the first few months or even factors), methobilic derangements (lactic ac- in these studies was from about 1,300/ to first 18 months of use. The pattern suggested idosis, hypoglycemia, electrolyte abnormali- 17,000/times greater than would be expected that cumulative risk of ALF would continue ties), high output hypovolemic heart failure, by chance. to rise for as long as troglitazone was used, renal failure and sepsis. Survival without In the original troglitazone NDA, there having important implications for a drug in- transplant is below 25%. were 2 cases of jaundice/hepatitis (one of tended to be used for 20, 30 or 40 years or Drug-induced ALF is usually more aggres- which was hospitalized) and 1 other patient longer. sive than viral forms, with survival rates hospitalized with drug-induced hepatitis, but Against this backdrop of case reports, epi- around 10% without transplant. There are no cases meeting our definition of ALF. This demiologic data suggested that the expected several competing classification systems for finding is still compatible with an ALF inci- incidence rate of ALF in the general popu- ALF, each relying on the length of time it dence rate of 2,584 per 106 person-years. lation was about 1 case per million per year. takes for a patient to progress from initial These studies demonstrate that liver en- The data from case reports were markedly symptoms (US) or jaundice (UK, France) to zyme monitoring on a monthly basis does higher than this. At the March 1999 advisory hepatic encephalopathy. The U.S. definition not prevent the occurrence of ALF with meeting, we presented data showing that if classifies ALF as progressive from initial troglitazone. Furthermore, they collectively we assumed there was no underreporting, the symptoms of liver dysfunction to support the conclusion that the underlying cumulative risk of ALF was about 1 case per encephalopathy within 6 months. In Europe, incidence rate of ALF due to troglitazone is 15,000 patients who used troglitazone for at progression from jaundice to encephalopathy extremely high, probably in the range of least 8 months. If we factored into the anal- within 12 weeks is classified as ALF. In sub- 1,000 to 2,000 per 106 person-years, rep- ysis that only 10% of cases had been re- sequent work, we used the European criteria. resenting about a 1,000- to 2,000-fold increase ported, the cumulative risk became 1 case We choose the latter criteria because their in liver failure risk. Another way of stating per 1,500 at 8 months (about 1 case per 1,000 shorter time-window more closely reflected this is that 1–2 out of every 1,000 patients (1/ per year). With an additional year’s worth of the fulminant nature of the cases we were re- 500=–1/1,000) who use troglitazone for one case reports (through December 1999), the cu- ceiving. Also, the onset of jaundice is a year will die of ALF. mulative risk was 1 case per 7,000 patients after 18 months of troglitazone use, assum- clearer and more definite time-point from * * * * * which to begin counting compared with ini- ing no underreporting. With 10% reporting, tial symptoms, the onset of which might be DISCUSSION this would be 1 case per 700 patients at 18 vague and hence unlikely to be reported ac- The data presented here provide a com- months (about 1 case per 1000 per year). The curately in case reports. prehensive picture of liver failure risk with first analysis through 8 months of use led us The etiology of ALF varies somewhat by troglitazone. Premarketing clinical trial to conclude prior to the March 1999 advisory country (slide 2). Until recently, about 70% data from the company’s NDA for meeting that the risk of ALF with CONGRESSIONAL RECORD — Extensions of Remarks E2209 troglitazone was probably increased at least far different kind and scope is playing itself those who founded the city of Seattle 150 1000-fold over the expected background rate. out in downtown Washington—the struggle years ago. On November 13, 1851, the Denny Independent population-based data prior to for survival of Sholl’s Cafeteria. Despite he- Party, composed of 22 men, women, and chil- the March 1999 advisory meeting supported roic sacrifice and Herculean labors by this. In two separate postmarketing clinical many—most notably its beloved proprietors, dren arrived at Alki Point in the pouring rain. studies, one conducted by the National Insti- George and Van Fleishell—absent a substan- They arrived only to find the cabin which the tutes of Health and one conducted by the tial financial remedy, Sholls will be forced leader’s brother, David Denny was supposed company, a case of fatal ALF occurred to close its doors as soon as Oct. 31. to prepare, unfinished and without a roof. among small numbers of patients treated The Sholl’s story could easily get lost David Denny himself lay sick and feverish. with troglitazone. This was highly statis- amid the tumult of our national preoccupa- Like those who survived the first tough win- tically significant, and suggested that the tion and suffering in the wake of Sept. 11, ter in Plymouth, the Denny Party persevered. incidence rate of ALF with troglitazone but that would be a profound shame, because Their dreams of a city would not have sur- the cafeteria’s story has been one of special could range from 1,200 to 1,700 per million per vived, however, without the help of Native year, with upper bounds approaching 10,000 triumphs: of old-fashioned, all-American cases per million per year. These data, in food, wonderfully prepared and wonderfully Americans. As the sopping wet and nearly combination with case reports data, formed served; of humane pricing, so that nearly helpless Denny Party struggled to survive, the the basis for this medical officer’s rec- anyone can afford to eat there, of Duwamish tribe, led by Chief Sealth, chose to ommendation prior to the March 1999 advi- multiculturalism, with terrific employees, camp around the party in order to protect sory meeting that troglitazone be removed many there for generations, reflecting every them. from the market. Subsequent to the advisory spectrum of the human family; of kindness, While Seattle celebrates the landing of the meeting, FDA learned of a third post- with an atmosphere that welcomes everyone. Denny Party, we must also remember those marketing study, this one randomized and It is a story of the triumph of charity— who lived here before- and continue to live double blinded, in which a patient treated Sholl’s has given away enough free food to with troglitazone died of ALF just three feed an army 100 times over. here today. Without the assistance of Chief days after the advisory meeting. The inci- During the past several years, however, Sealth, the Duwamish tribe, and other tribes, dence rate of ALF in this study was over Sholl’s has suffered from the decline in the Denny Party could not have achieved their 17,000 per million per year. downtown dining. Its tour-bus trade has dreams of a city; a city named for the Chief An important component in the eroded because of the weak economy. It has who protected and helped those early settlers troglitazone analysis was an assessment of endured bus-unfriendly parking restrictions. in their quest for a new home. the effect of FDA interventions in the form It has had to deal with prolonged building f of labeling changes recommending periodic renovation and reconstruction while paying liver enzyme monitoring as a means of man- a huge rent. It has been put through the eco- HONORING THE 40TH ANNIVER- aging the ALF risk of troglitazone. The FDA nomic wringer. SARY OF WEST SPRINGFIELD Now another mobilization is needed to save study from UnitedHealth Group found that CIVIC ASSOCIATION monitoring was not regularly or reliably per- this beloved institution. I am not alone in formed and that repeated labeling revisions expressing those sentiments. They have been had not meaningfully improved the perform- voiced by many, from the high and the HON. TOM DAVIS ance of monthly liver enzyme testing. Based mighty to the mighty humble. They have OF VIRGINIA on the data at hand prior to the March 1999 come from legions of senior citizens, bus IN THE HOUSE OF REPRESENTATIVES advisory meeting, we concluded that FDA la- loads of squealing kids and homeless people. beling had not had a clinically important ef- On Aug. 10, 1999, for example, the World Wednesday, December 5, 2001 Bank wrote to the cafeteria’s owner: ‘‘You fect on medical practice and that monthly Mr. TOM DAVIS of Virginia. Mr. Speaker, I enzyme testing was largely not being per- are correct characterize Sholl’s as a chari- formed. From our case analysis, we con- table landmark. It would be a significant would like to take this opportunity to honor the cluded that monitoring, were it performed, loss to our neighborhood if you were to close West Springfield Civic Association for forty would fail to prevent most or all cases of your doors, particularly for the large number years of exceptional service to the Northern troglitazone ALF. of senior citizens, young kids, disabled and Virginia community. Its dedication throughout homeless people whom you serve.’’ * * * * * our region has been, and will continue to be, On July 8, 1998, U.S. Sen. Max Cleland of an asset to the residents of the West Spring- f Georgia read into the Congressional Record, field area. ‘‘Patrons of Sholl’s have described members CHARITABLE LANDMARK: ON of the Sholl family, who have owned and op- The West Springfield Civic Association was VERGE OF EXTINCTION erated Sholl’s over the last 70 years, as hav- formed in 1961 by residents of West Spring- ing the biggest hearts in Washington.’’ field, Westview, and Keene Mill Manor neigh- On March 7, 1999, Mike Kirwan, the late, borhoods. The motto of the association is Utile HON. CLIFF STEARNS great apostle to the homeless, said, ‘‘The Dulci, Latin for ‘‘the useful with the pleasant.’’ OF FLORIDA stories I’ve heard from people on the streets, This civic association, together with many IN THE HOUSE OF REPRESENTATIVES their quiet moments of dignity, respect, other area civic associations, formed the warmth and a full and nourishing meal at Greater Springfield Community Council. Wednesday, December 5, 2001 the hands of this wonderful cafeteria could With the growth of the community, a need Mr. STEARNS. Mr. Speaker, today I rise in fill a book of essays.’’ for a new high school became evident. The recognition of a Washington institution. In this Possibly, the one who said it best, though, civic association was influential in naming city of lawmakers and policy, Sholl’s Cafeteria was a child who, on arrival from Pennsyl- vania on a school bus, told a WTOP reporter. West Springfield High School after its commu- has adopted a policy of its own: for over 70 ‘‘If it weren’t for Sholl’s Cafeteria, we nity, rather than being named for a famous years, the downtown landmark has never couldn’t afford to come to Washington.’’ Virginian like most other Northern Virginia high turned away a hungry soul. This cafeteria, this The hour is late, and the odds are long. Al- schools are. ‘‘triumph of charity,’’ has fed thousands with though some say the time for Sholl’s has Within the community, the West Springfield warm, free meals. In recent months, however, passed, I profoundly disagree, and I hope oth- Civic Association worked hard to keep the Sholl’s has faced dire straits with the recent ers do too. Long live Sholl’s Cafeteria. area filled with trees. It was also instrumental economic downturn. Declining tourism and ris- JIM MCGRATH, in the creation of bike paths and sidewalks ing rent have forced Sholl’s Cafeteria to con- Chairman of the Save Our Sholl’s Cafeteria Committee. along main roadways, and replaced a plank sider closing its doors to the thousands of de- bridge covering the railroad tracks. voted patrons who have frequented the famed f Since its inception in 1961, the members of eatery. With all that Scholl’s Cafeteria has THE 150TH BIRTHDAY OF the West Springfield Civic Association has al- done for our community, it is time for us to SEATTLE, WASHINGTON ways been a positive force for the develop- give back and maintain what has become a ment, progress and recognition of the Greater 70-year tradition. With that said, Mr. Speaker, Springfield area. Not only has this organization I submit to the CONGRESSIONAL RECORD a let- HON. JAY INSLEE held many meritorious events, but has also ter written by Sholl’s Chairman Jim McGrath to OF WASHINGTON served in informing the residents of current the Washington Post on October 14, 2001. IN THE HOUSE OF REPRESENTATIVES issues affecting the community. In addition, [From the Washington Post, Oct. 14, 2001] Wednesday, December 5, 2001 the members of the Association have created ON THE EDGE OF EXTINCTION Mr. INSLEE. As our country recently pre- a website which provides news, information, As the nation mobilizes to combat the in- pared for its annual commemoration of the and events in the area, in addition to previous sidious foe of terrorism, another drama of a first Thanksgiving, my state was also honoring newsletters and minutes from past. E2210 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 Mr. Speaker, in closing, I want to thank the cans in the community who have shown out- cation Act was designed to improve the per- West Springfield Civic Association for their standing support and activism in their local formance of America’s poorest and most at hard work and dedication throughout the past community. On Saturday, September 29, as risk students. One Hundred and Twenty Five forty years. I ask my colleagues to join me in the Lodge Figli Della Sicilia celebrated its 65th Billion Dollars later the performance of these congratulating an extraordinary group of de- Annual Banquet, they recognized Vito children has not improved and the gap be- voted men and women. Manzella as their ‘‘2001 Man of the Year’’. tween our poorest and our best has actually f Faithfully committed to the preservation of increased. America’s children and America’s Italian heritage, the Lodge Figli Della Sicilia taxpayers deserve better, and this Conference 150TH ANNIVERSARY OF THE IM- No. 227 has been a cornerstone of the Italian Report demands better. MACULATE CONCEPTION CHURCH American community since its founding in De- In my home district in Atlanta, Georgia, IN MORRIS, ILLINOIS troit on February 10, 1936. As a dedicated there is a talented and nationally syndicated member of over 30 years, President Salvatore talk show host named Neal Boortz. Neal is a HON. JERRY WELLER Previti’s outstanding leadership has motivated conservative libertarian whose favorite target OF ILLINOIS families to reach out to surrounding commu- for criticism is often public schools or as he IN THE HOUSE OF REPRESENTATIVES nities in friendship and charity. From prepara- calls them, government schools. While Neal tions for the Columbus Day Parade and fes- sometimes carries his criticism to the extreme, Wednesday, December 5, 2001 tivities to annual can and clothing drives for he is often on target. Neal will be happy that Mr. WELLER. Mr. Speaker, I rise today in the Capuchin Food Kitchen during the holi- this Education Reform requires exactly what recognition of the 150th anniversary of the es- days, the Lodge has truly become a part of he has sought: accountability, competition, tablishment of the Immaculate Conception the Metro Detroit family. The tireless efforts of and results. Church in Morris, Illinois. Lodge 227 are outstanding, and will continue There is another reason Neal Boortz should In the fall of 1852, John McNellis, a local to be appreciated for years to come. be very happy. His able and talented assist- grain dealer, deeded two and a half acres of The Lodge Figli Della Sicilia’s ‘‘2001 Man of ant, Belinda Skelton, is expecting her first land to people who were interested in forming the Year’’, Vito Manzella has demonstrated child in May, and when that child reaches six a Roman Catholic Church. Mr. McNellis also dedication and commitment to his family, his years of age America’s schools will have im- provided land for a parsonage and two work, and his community for so many years. proved dramatically because of five major pro- schools, and he built a three story brick school Born to Salvatore and Rosa Manzella in De- visions of this reform. because he felt that education was very im- troit in 1967, who had just emigrated from Sic- 1. President Bush’s Early Reading First ini- portant and believed that every child deserved ily 5 years before, Vito grew up in St. Clair tiative will ensure that every child reaching to have an education. The church became the Shores as a hard worker for the family busi- third grade will be able to read and com- Immaculate Conception Church in Morris, Illi- ness, Manzella’s Fruit Market, and an athlete prehend at that level. nois. and leader in his community. Upon the un- 2. Every child in third through eighth grade On December 8, the church will start a year timely death of his father in 1995, Vito took will be annually tested in reading and math to long celebration in commemoration of the es- over the store and has since continued the measure the progress of their improvement, tablishment of the parish. The past 150 years traditions of warmth and generosity Manzella’s identify any problems and provide remediation have been full of progress and history. A fire Fruit Market has always brought to the com- where necessary. almost destroyed the church in 1903, and in munity. As a sponsor of churches and char- 3. Test results will be disaggregated so that 1988, lightning struck the bell tower, causing ities across Macomb County, Manzella’s is a every teacher, every school and every parent an estimated $90,000 worth of damage, but drop off site for ‘‘Toys for Tots’’, and after the knows exactly how each student is performing the church prevailed. Throughout adversity the September 11 tragedies, Vito donated 10 per- and progressing. There will be no more hiding church keeps growing due to the hard work of cent of profits from sales on September 19th, poor performers by averaging scores by the parishioners and the community of Morris. 2001. Vito’s hard work and innovative ideas grade. 4. Schools that fail to improve student per- Many additions have kept the grounds looking have been the driving force in the success of formance will be held accountable, and par- fresh. A new parish center was dedicated in Manzella’s, and his generous contributions ents of children in failing schools will be given 1988. A group of parishioners transformed the and active involvement as a distinguished choices including public school choice and pa- lawn between the church and the parish hall business owner and friend to all truly makes rental direction of federal Title 1 funds to pub- into a beautiful prayer garden in 1991. Another him this year’s ‘‘2001 Man of the Year.’’ major project was the restoration of the rectory I applaud the Lodge Figli Della Sicilia No. lic or private supplemental educational serv- in the Father Poff Center, which houses the 227 Columbian Federation and Vito Manzella ices to address their child’s needs. 5. Local School Boards of Education will be meeting rooms and offices. for their leadership, commitment, and service, given flexibility in federal funds to address the Mr. Speaker, I would like to commend the and I urge my colleagues to join me in salut- educational needs of their children and their parishioners for all of their hard work and ing them for their exemplary years of leader- community. Federal control and federal man- dedication to the church and to the city of ship and service. Morris. dates are reduced, so schools are held re- f sponsible for results in the performance of f EDUCATION children and not satisfying bureaucratic red TRIBUTE TO LODGE FIGLI DELLA tape. SICILIA NO. 227, COLUMBIAN FED- HON. JOHNNY ISAKSON Mr. Speaker, President Bush’s pledge to ERATION AND VITO MANZELLA, ‘‘leave no child behind’’ is a promise to Belin- OF GEORGIA 2001 MAN OF THE YEAR da Skelton’s child and every child. It is a com- IN THE HOUSE OF REPRESENTATIVES mitment to America’s future, and an acknowl- HON. DAVID E. BONIOR Wednesday, December 5, 2001 edgement of past failures. I urge each member of Congress to join with me and with the OF MICHIGAN Mr. ISAKSON. Mr. Speaker, within days, the President in our commitment to ‘‘Leave No IN THE HOUSE OF REPRESENTATIVES Conference Committee on House Bill 1 will complete its work and President Bush’s cam- Child Behind.’’ Vote yes for real reform, local Wednesday, December 5, 2001 paign commitment to ‘‘leave no child behind’’ control, accountability, and parental involve- Mr. BONIOR. Mr. Speaker, the Lodge Figli will be before Congress for final approval. ment in public education. Della Sicilia No. 227 ‘‘Sons of Sicily’’ is a As a member of the Conference Committee, f lodge of the Columbian Federation of Italian- I am very proud of the months of work, and CELEBRATING MADAWASKA American societies, and is one of the largest the tireless efforts of Chairman JOHN ELEMENTARY SCHOOL Italian-American organizations in the State of BOEHNER. As a result of JOHN’s leadership, Michigan. Serving the tri-county area of metro- America’s public schools will have the re- HON. JOHN ELIAS BALDACCI politan Detroit, Lodge 227 includes over 250 sources, the tools, the flexibility, and the ac- OF MAINE families whose purpose is to promote and pre- countability to close the achievement gap be- IN THE HOUSE OF REPRESENTATIVES serve the Italian-American heritage through tween our best and our poorest performing language, culture, music, and social events. children. Wednesday, December 5, 2001 Each year the Lodge 227 holds its annual Since its inception thirty-five years ago, Title Mr. BALDACCI. Mr. Speaker, I rise today to banquet, honoring distinguished Italian-Ameri- One of the Elementary and Secondary Edu- ask my colleagues to join me in congratulating CONGRESSIONAL RECORD — Extensions of Remarks E2211 Madawaska Elementary School in In Michigan, counties collect real property Detroit, Ms. Fletcher was given the Distin- Madawaska, Maine, for being named a Blue taxes to fund their school systems. To facili- guished Service Award, an award which now Ribbon School. This is an incredible achieve- tate the collection of delinquent real property bears her name. Other awards throughout her ment, and one which the students and staff in taxes levied for local school districts, the coun- notable career include the ‘‘Top Ten Working Madawaska are celebrating this week. ties issue bonds (General Obligation Limited Women in Detroit’’ in 1966 and the ‘‘Distin- The Department of Education’s Blue Ribbon Tax Notes). The counties have been doing guished Pioneer’’ of the Society of Women Schools Award recognizes schools that are this since 1973. Until 1987, interest on the Engineers in 1994. models of excellence and equity, schools that bonds was treated as tax exempt. Today Ann Fletcher celebrates 90 years of demonstrate a strong commitment to edu- In 1987, a cloud was cast upon the tax ex- life on this earth. I ask that all my colleagues cational excellence for all students, and that empt status of these bonds due to issues un- join me in celebrating Ms. Fletcher’s 90th achieve high academic standards or have related to the bonds. Michigan counties have birthday and celebrating all of the hard work shown significant academic improvement over continued to issue bonds under the delinquent she has accomplished as a woman pioneer five years. Madawaska Elementary School property tax program, but since 1987 the and Polish-American. had met these high standards, earning a Blue bonds have effectively not been treated as f Ribbon School Award. tax-exempt, costing the counties millions of Madawaska Elementary School is truly a dollars per year. ZIMBABWE DEMOCRACY AND model to which others may look for inspiration. This bill would restore the valuable General ECONOMIC RECOVERY ACT OF 2001 Principal Mary Lunney and the entire staff Obligation Limited Tax Notes program to a SPEECH OF strive to create an environment where every- tax-exempt status, reducing borrowing costs, one is a learner—students, teachers, staff and and providing badly needed support for edu- HON. CYNTHIA A. McKINNEY the community. The school’s mission state- cation in the State of Michigan. While it would OF GEORGIA ment says it all: ‘‘Our goal is to create a be highly beneficial to local schools, the Fed- IN THE HOUSE OF REPRESENTATIVES school system where student learning is opti- eral revenue cost of this bill would be neg- Tuesday, December 4, 2001 mized; where students achieve clearly stated ligible. and understood Learning Results; where we I urge all of my colleagues to join me in co- Ms. McKINNEY. Mr. Speaker, at the inter- continually ask ourselves what will students sponsoring this bipartisan bill. national Relations Committee meeting of No- know and be able to do and how will they f vember 28, 2001, which considered the demonstrate their knowledge and skills; and Zimbabwe Democracy and Economic Recov- where the focus is on what the student is TRIBUTE TO ANN FLETCHER ery Act of 2001, I asked a question of my col- learning and success for all.’’ The school CELEBRATING HER 90TH BIRTH- leagues who were vociferously supporting this strives to serve the whole child, paying careful DAY misdirected piece of legislation: ‘‘Can anyone attention to academics, physical fitness, co- explain how the people in question who now curricular activities, and supportive services. HON. DAVID E. BONIOR have the land in question in Zimbabwe got title Education is the foundation for our future. OF MICHIGAN to the land?’’ Quality education in Maine means a higher IN THE HOUSE OF REPRESENTATIVES My query was met with a deafening silence. quality of life for all the people of the state. I Those who knew did not want to admit the Wednesday, December 5, 2001 am pleased that the Madawaska Elementary truth and those who didn’t know should have School has been recognized for its dedication Mr. BONIOR. Mr. Speaker, today I rise to known—that the land was stolen from its in- to excellence and high standards. I know that recognize Ann Fletcher, who is celebrating her digenous peoples through the British South Af- they are extremely proud of their achieve- 90th birthday on Sunday, October 14, 2001. rica Company and any ‘‘titles’’ to it were illegal ments, and I am pleased to have the oppor- Truly a milestone occasion, 2001 marks 90 and invalid. Whatever the reason for their si- tunity to bring them to your attention. years of hard work and is celebration for a lence, the answer to this question is the f unique and endearing individual. Happy Birth- unspoken but real reason for why the United day! States Congress is now concentrating its time PERSONAL EXPLANATION A pioneering woman in the fields of engi- and resources on squeezing an economically- neering and public service, Ann Fletcher has devastated African state under the hypocritical HON. BOB RILEY set an excellent example of hard work and guise of providing a ‘‘transition to democracy.’’ OF ALABAMA dedication throughout her lifetime. Born in La- Zimbabwe is Africa’s second-longest stable IN THE HOUSE OF REPRESENTATIVES trobe, Pennsylvania in 1911, Ms. Fletcher was democracy. It is multi-party. It had elections Wednesday, December 5, 2001 raised and educated in Detroit, attending Cass last year where the opposition, Movement for Technical High School until 1929 and the Democratic Change, won over 50 seats in the Mr. RILEY. Mr. Speaker, I was unavoidably Wayne State University College of Engineer- parliament. It has an opposition press which detained for rollcall No. 466, H.R. 3323, the ing from 1942–1944. During school she vigorously criticizes the government and gov- Administrative Simplification Compliance Act. worked as a patent illustrator for Bendix Avia- erning party. It has an independent judiciary Had I been present I would have voted ‘‘yea.’’ tion Corporation Research Laboratories in De- which issues decisions contrary to the wishes I was unavoidably detained for rollcall No. troit, continuing on until 1947. From there her of the governing party. Zimbabwe is not with- 467, H.R. 3391, the Medicare Regulatory and career took her to the Ford Motor Company out troubles, but neither is the United States. Contracting Reform Act of 2001. Had I been patent section and the Shatterproof Glass Cor- I have not heard anyone proposing a United present I would have voted ‘‘yea.’’ poration. Ms. Ann Fletcher became a self-em- States Democracy Act following last year’s I was unavoidably detained for rollcall No. ployed technical consultant until her retirement Presidential electoral debacle. And if a foreign 468, S. 494, the Zimbabwe Democracy and in 1980. Her unfailing commitment allowed country were to pass legislation calling for a Economic Recovery Act of 2001. Had I been Ms. Fletcher to break through the barrier to United States Democracy Act which provided present I would have voted ‘‘yea.’’ women that existed in a male-dominated pro- funding for United States opposition parties f fession. under the fig leaf of ‘‘Voter Education,’’ this INTRODUCTION OF H.R. 3381 Married to Stanley Ostaszewski in 1932, body and this country would not stand for it. they soon celebrated the birth of her son, Carl There are many de jure and de facto one- HON. SANDER M. LEVIN Ostaszewski, whom she raised while her hus- party states in the world which are the recipi- OF MICHIGAN band was serving in the military and while she ents of support of the United States government. They are not the subject of Congres- IN THE HOUSE OF REPRESENTATIVES attended Wayne State University. Widowed in 1948, Ms. Ostaszewski married Mr. Cicero sional legislative sanctions. To any honest ob- Wednesday, December 5, 2001 Fletcher in 1953. Her commitment to her fam- server, Zimbabwe’s sin is that it has taken the Mr. LEVIN. Mr. Speaker, last week, I intro- ily is as strong as her commitment to public position to right a wrong, whose resolution has duced a bill, H.R. 3381, for Mr. CAMP, other service and the field of engineering. been too long overdue—to return its land to its members of the Michigan delegation, and my- Today we can all look up to Ms. Fletcher as people. The Zimbabwean government has self, that would clarify that certain bonds a pioneer for working women in America and said that a situation where 2 percent of the issued by local governments should be treated praise her contributions to Southeast Michigan population owns 85 percent of the best land is as tax-exempt. This issue has particular im- and the Polish-American community. A former untenable. Those who presently own more portance to local governments in Michigan. board member of the Engineering Society of than one farm will no longer be able to do so. E2212 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 When we get right down to it, this legislation the insurance industry after the September 11 PERSONAL EXPLANATION is nothing more than a formal declaration of terrorist attack. From these meetings, a con- United States complicity in a program to main- sensus on several facts emerged. First, the HON. STEPHANIE TUBBS JONES tain white-skin privilege. We can call it an ‘‘in- lack of available terrorism reinsurance may OF OHIO centives’’ bill, but that does not change its es- cause significant disruption in the primary IN THE HOUSE OF REPRESENTATIVES sential ‘‘sanctions’’ nature. It is racist and commercial insurance markets. Wednesday, December 5, 2001 against the interests of the masses of Second, without assurances that commer- Mrs. JONES of Ohio. Mr. Speaker on De- Zimbabweans. In the long-run the Zimbabwe cial firms can receive terrorism coverage, cember 4, 2001, I had official business in my Democracy Act will work against the United lenders (such as banks or other institutional Congressional District and I missed rollcall States having a mutually beneficial relation- investors) will not underwrite new loans for votes 466, 467 and 468. Had I been present, ship with Africa. construction projects necessary to grow our I would have voted ‘‘aye’’ on the aforemen- economy. f tioned rollcall votes. Finally, and most importantly, is the fact that NEED FOR REESTABLISHING THE prompt congressional action on this issue is f OFFICE OF TECHNOLOGY AS- essential, since most reinsurance contracts HONORING THE 2001 RIVERDALE SESSMENT will be renewed on January 1. Absent some HIGH SCHOOL FOOTBALL TEAM form of terrorism coverage, the economic ef- HON. RUSH D. HOLT fects to our country will be devastating. HON. BART GORDON OF NEW JERSEY On November 7, a proposed bipartisan solu- OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES tion to this problem was reported by the IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2001 House Financial Services Committee (H.R. Wednesday, December 5, 2001 3210) by a voice vote. Our committee reported Mr. HOLT. Mr. Speaker, complex issues are legislation that provided immediate assistance Mr. GORDON. Mr. Speaker, I rise today to facing Congress, many in the realm of science in the case of a terrorist disaster; it spread the acknowledge the accomplishment of a dedi- and technology. Current events are chal- risk across the industry, helping the industry to cated group of young men who worked to- lenging our traditional understanding of medi- essentially act as its own reinsurer; it spread gether in the true spirit of sportsmanship to cine, engineering, science, environment, and the costs out over time, to minimize the impact achieve a distinguished goal. telecommunications. Mail decontamination is The Riverdale High School football team of of an event in any given year; and it provided just one issue where Congress needs better Murfreesboro, Tennessee, won the state 5–A limited liability relief to protect insurers and science advice. football championship this past season, the taxpayers against litigation in the event of an Thousands of people have been affected by school’s third state football title in 7 years. The attack. anthrax in our mail—millions more by the un- Warriors ended the 2001 season with a per- certainty and fear it has caused. Congress still Mr. Speaker, this bill was considered under fect 15–0 record by beating Mid-state rival has not received mail, severing a vital link to regular order—the deliberative congressional Hendersonville High School 35–7 in the Blue our constituents. Part of the reason for this process—as all legislation should. Our com- Cross Bowl. delay is that there is no precedent for killing mittee held hearings and markups; we took The Riverdale Warriors trained vigorously anthrax spores. testimony from all interested parties; we vigor- and played tirelessly the entire season. They If the Office of Technology Assessment ously debated all of the relevant issues; and deserve recognition for a job well done. I con- (OTA) existed today, we could expect to have we reported a well-thought out, well-designed, gratulate each player, manager, trainer, and already received information about rapid ways bipartisan product that met the needs of the coach for an outstanding season. The War- to decontaminate our mail. During its 23 years marketplace. riors are led by head coach Gary Rankin and of existence, OTA provided Congress with Unfortunately, the majority leadership de- assistant coaches Steve Britton, Ron well-respected, impartial analysis and advice, cided yesterday that their pre-September 11 Crawford, Ricky Field, Matt Gardner, Tracy including valuable reports on terrorism, na- agenda was more important than the delibera- Malone, Thomas McDaniel, Jason Scharsch, tional security, and communication. If OTA ex- tive legislative process and the will of the Fi- Matt Snow, Jeremy Stansbury, Nick Patterson isted today, they would have already com- nancial Services Committee, which includes and Greg Wyant. Managers Cody Dittfurth, pleted reports useful to us in making decisions almost one-fifth of this House. At 2:30 p.m., Markey Burke, Cheryelle Ayers and Jennifer about the current war on terrorism. yesterday afternoon, the majority leader intro- Headly contributed much time and effort to the Congress needs better scientific information. duced an entirely new product that did little to team, as well, as did trainers Jennifer Snell, We need unbiased analysis and advice on the address the real needs of the insurance mar- Lindsey Robinson and Celcka Akins. impact and use of technologies. We need to kets, but rather addressed the majority’s de- The 2001 Class 5–A state champion War- understand how technology can be used to sire to change long-standing and well estab- riors are Corey Hathaway, Ward Poston, Tre’ hurt us and how we can use it to strengthen lished legal procedure in this country. Adding Dalton, Taron Henry, Marcus King, Jamaal and defend our nation. insult to injury, the majority party designed a Price, Grant Kolka, C.J. Powell, Terrell Cole- When OTA’s funding was eliminated due to rule that eviscerated the will of the Financial man, LaBrian Lyons, Kevin Murray, Jervell government downsizing in 1995, Congress lost Services Committee by automatically making Ford, Jay Carter, Stephen Britton, Ryan Hall- a valuable and unique resource. Please join in order the leader’s bill without allowing the man, Brian Campbell, Keith Bridges, Tron me, along with 55 of my colleagues, in co- full House the courtesy of a vote on our bipar- Baker, Alex Watson, Anton Bates, Don Mitch- sponsoring H.R. 2148, bipartisan legislation to tisan product. ell, Devin Young, Ralph King, Edgar Martin, reestablish the Office of Technology Assess- Mr. Speaker, I cannot support disregard for Jean Paul Gadie, Jeremy Jackson, Spike ment (OTA). the expertise of committees, the erosion of our McDaniel, Edrell Smith, Emanuel Oglesby, Will f legislative process, and abuse of minority Bullock, Andrew Morris, Jeremy Hurd, Kevin rights. I can no longer support business as Davis, David Peterson, Tyler Campbell, A.J. TERRORISM RISK PROTECTION usual. Alexander, John Goodwin, Matthew Pedigo, ACT The real injustice in the majority’s actions is John Batey, Albert Miles, Brandon Faulkner, the fact that we must pass responsible legisla- Clay Richardson, Daniel Gammon, Brian Saw- SPEECH OF tion to provide terrorism coverage for primary yer, Kris Kirby, Leon Alexander, Roger HON. DENNIS MOORE insurers and policyholders. I hope the other Winterbauer, Daniel Puckett, Charles Bigford, OF KANSAS body quickly enacts legislation to address the Michael Grove, Joe James, Brad Rainer, Ben IN THE HOUSE OF REPRESENTATIVES real needs of the marketplace, while elimi- Brazzell, Matthew Parton, John Awokoya, nating the extraneous provisions attached to Ronnie Johns, ndrew Bigford, Wes Hall, Wil- Thursday, November 29, 2001 the product we are considering today. Our liam Lee, Marvin Richardson, Edward Belcher, Mr. MOORE. Mr. Speaker, I rise in opposi- country needs that legislation. I want to vote Charles Todd, Kenyon Buford, Travis Living- tion to H.R. 3210, the Terrorism Risk Protec- for that legislation. I look forward to soon ston, Aubrey McCrary, Cortez Lawrence, tion Act. being able to vote for a conference report that Dustin Davis, Daniel Jones, David Varl, David In the last two months, the Financial Serv- reflects the priorities of the Financial Services Nickens, Glen Suggs, Curtis Smith, Heath ices Committee, on which I serve, has held Committee and respects the processes of our Evans, Chad Neese, Jason Kidd, Jeremy An- two hearings plus a roundtable on the state of institutions. derson and Rhyan Maupin. CONGRESSIONAL RECORD — Extensions of Remarks E2213 TRIBUTE TO THE ISLAMIC ASSO- cultivation of music skills. Currently, Garden RECOGNIZING IMPORTANT CON- CIATION OF GREATER DETROIT Villas Elementary serves 920 students ranging TRIBUTIONS OF HISPANIC CHAM- from pre-kindergarten through fifth grade. BER OF COMMERCE HON. DAVID E. BONIOR The mission of Garden Villas Elementary is SPEECH OF OF MICHIGAN to provide a safe environment in which stu- IN THE HOUSE OF REPRESENTATIVES dents enhance their academic growth and en- HON. CHARLES B. RANGEL Wednesday, December 5, 2001 rich their education by participating in an ex- OF NEW YORK ceptional music and fine arts curriculum. Stu- IN THE HOUSE OF REPRESENTATIVES Mr. BONIOR. Mr. Speaker, today I would dents receive specialized instruction in a vari- Tuesday, December 4, 2001 like to recognize a community whose out- ety of areas, including strings, band, piano, standing dedication and commitment has led art, dance, creative writing, and gymnastics. Mr. RANGEL. Mr. Speaker, I rise today to to a great accomplishment. On Saturday, No- The faculty encourages young artists to work recognize the dedication of the United States vember 10, 2001, the Islamic Association of together to prepare performances and create Hispanic Chamber of Commerce to the suc- Greater Detroit will celebrate the completion of exhibitions that display their appreciation of cess of Hispanic businesses in the United its beautiful Mosque expansion, a project that the arts, develop creativity and build self-es- States and Latin America and to offer my has been the heart and driving force of this teem. Excellence in the arts is a natural, inte- strong support of H. Con. Res. 277. entire community. grated extension of the academic program at The Hispanic community has become the Located in Rochester Hills, the Islamic As- Garden Villas Elementary Magnet School. fastest growing minority group in the United sociation of Greater Detroit (IAGD) has always States. The Hispanic community plays an es- been a flourishing center of religious and so- In addition to exemplary curriculum, Garden sential role in sustaining the viability of the na- cial activity. Joyfully celebrating Ramadan and Villas Elementary, participates in programs de- tion’s economy and the number of Hispanic- the Eid holidays, while lending a helping hand signed to develop socially conscious, well- owned firms is growing rapidly. According to to those suffering and working for charitable rounded students, such as United Way Kids, the Census Survey of minority-owned busi- causes, the IAGD has been a welcoming Red Ribbon Week, St. Jude’s Mathathon and ness enterprises, Hispanic-owned business in home to all who have walked through its D.A.R.E. I applaud the faculty of Garden Villas the United States totaled 1.2 million firms in doors. Elementary for their creativity and leadership. 1997 and employed over one million people. However as the community began to grow Again, I would like to recognize the 70th An- These businesses generated nearly $200 bil- and expand, its ideas and vision for the future niversary of Garden Villas Elementary Music lion in revenues. began to grow with it. Dedicating over fifteen Magnet School and congratulate the students At the center of the growth is the United years of their time and talents to expansion ef- and faculty on 70 years of success. States Hispanic Chamber of Commerce. Over forts, this community envisioned a center that the years, the chamber has worked closely would continue to cultivate its community roots f with the concerns and issues that affect His- as well as reach out to younger generations. panic firms, developing business relationships, With new constructions including a large ban- PERSONAL EXPLANATIONS promoting international trade, and advocating quet and social hall, classrooms, library, gym- to the Congress and Administration on behalf nasium, and so much more, the completion of of these businesses. The Chamber’s commit- this Mosque expansion has truly become an HON. DOUG OSE ment to the Hispanic business community is a example to all communities. Donating their OF CALIFORNIA contribution to the economic empowerment of time, money and efforts to a vision that is IN THE HOUSE OF REPRESENTATIVES the Latino population as a whole and its im- shared by Muslim Americans across the na- pact has been felt throughout the Nation. tion, this community’s hard work and dedica- Wednesday, December 5, 2001 Promoting Latino-owned businesses is par- tion to the completion of this beautiful new ticularly important in my congressional district Mosque will assuredly become an inspiration Mr. OSE. Mr. Speaker, on November 8, of Upper Manhattan. The Hispanic influence in for the next generations of Muslims in Amer- 2001 I was unavoidably absent during rollcall this community is significant and the Cham- ica. votes 433, 434 and 435. bers’ continuing efforts to promote such own- I applaud the Islamic Association of Greater Had I been present, I would have voted ership, particularly in the small business arena Detroit for reaching this historic milestone, and ‘‘yes’’ on vote 433, approving the Journal, is critical to the economic viability of my com- I urge my colleagues to join me in congratu- ‘‘yes’’ on vote 434, agreeing to the conference munity and its future. For the Chamber’s initia- lating them on this landmark occasion. report on the Department of Veterans Affairs tives, I commend them. f and Housing and Urban Development Appro- f priations for FY 2002, and ‘‘yes’’ on vote 435, TRIBUTE TO THE 70TH ANNIVER- the motion to instruct conferees on the Labor- THE DEPARTURE OF PRESIDENT SARY OF GARDEN VILLAS ELE- HHS-Education Appropriations for FY 2002. LEE BOLLINGER FROM THE UNI- MENTARY MUSIC MAGNET VERSITY OF MICHIGAN SCHOOL I ask unanimous consent that these remarks be placed in the CONGRESSIONAL RECORD immediately following these votes. HON. LYNN N. RIVERS HON. KEN BENTSEN OF MICHIGAN OF TEXAS f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2001 PERSONAL EXPLANATION Wednesday, December 5, 2001 Ms. RIVERS. Mr. Speaker, I rise today to Mr. BENTSEN. Mr. Speaker, I rise today in pay tribute to Lee C. Bollinger, who will be recognition of the 70th Anniversary of Garden HON. SUE WILKINS MYRICK leaving as president of the University of Michi- Villas Elementary Music Magnet School, a gan at the end of this month to become presi- campus of the Houston Independent School OF NORTH CAROLINA dent of Columbia University in July. District. The anniversary celebration will be IN THE HOUSE OF REPRESENTATIVES For nearly 5 years, Mr. Bollinger has been held the week of December 3–7, 2001. a transforming leader at the University of Garden Villas Music Academy was estab- Wednesday, December 5, 2001 Michigan, whose Ann Arbor campus is in my lished in 1931 to accommodate those students Mrs. MYRICK. Mr. Speaker, I was unable to congressional district. During that time he has in grade levels 1–10 residing in the Garden participate in the following votes. If I had been achieved a number of major accomplishments. Villas region of southwest Houston. This com- present, I would have voted as follows: One of those efforts is the Life Sciences Ini- munity has a rich history that dates back to tiative, which was launched in 1999. With a World War II. In the early 1950s the neighbor- November 29, 2001, rollcall vote 459, on commitment of $100 million in campus funds, hood was annexed into Houston incorporating approving the Journal, I would have voted a $130 million endowment and additional reve- Garden Villas Elementary into Houston Inde- ‘‘yea’’. nues, the University will become a major pendent School District. Located on an acre of November 30, 2001, rollcall vote 465, on source of research on human genomics, land, the school provides a comfortable and agreeing to the conference report for H.R. chemical and structural biology, and peaceful atmosphere, an ideal location for the 2299, I would have voted ‘‘yea’’. bioinformatics. A new six-story Life Sciences E2214 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 Institute is now under construction on the Ann Faithfully committed to his Ukrainian herit- If we ignore acts of discrimination or make Arbor campus. The university will also benefit age as well, his unparalleled devotion to derogatory comments about other cultures, re- from the state’s Life Science Corridor, a 20- Ukrainian senior citizens is reflected in his 13- ligions or ethnic groups what are we teaching year program to develop new technologies in year tenure as president of the Ukrainian Vil- our children? the life sciences statewide. lage Corporation. Steve served in World War Haven’t we had enough? The violence, dis- Mr. Bollinger has also overseen the most II, and his leadership on behalf of Ukrainian crimination and intimidation against our Arab successful fund-raising campaign in history, American Veterans has been extraordinary. and Muslim neighbors must stop now. raising nearly $1 billion since 1997. In three of But Steve’s efforts and achievements do not Our children must be taught that it’s not those four years, Michigan raised more money stop at veterans’ affairs. Steve is the longest okay to use derogatory words against people from alumni than any other public university. serving president of the Ukrainian American of another race, religion or ethnic group. Research expenditures also reached record Center. He has successfully lobbied for contin- A hate crime does not have to involve an levels under his stewardship to stand among ued aid to Ukraine, has kept an unwavering actual act of violence to start the cycle of ten- the highest in the nation. focus on human rights, and continues to work By far, one of his most significant contribu- sion and deterioration of civil society that hard to bring Ukraine into the international leads to violence. tions has been his ardent and effective de- community. Juveniles represent about half of hate crime fense of affirmative action in admissions. Mr. Steve has devoted his life to his community, offenders. Bollinger has been a strong supporter of the and his efforts have brought great accomplish- need for diversity in higher education, and his ments for schools, seniors, veterans, and for- Our children need our help to understand willingness to fight several lawsuits on that eign policy. He is a respected scholar, teach- hate crimes and to stop the cycle of senseless issue underscore his strong commitment to er, and friend. It gives me great pleasure to acts of hate. that principle. I know of no president who has honor Steve, for his leadership and commit- It’s time for Congress to take action against been so closely tied to students and who has ment, and I urge my colleagues to join me in hate and intolerance and bring H.R. 1343, the related as well to the thousands of young men saluting him for his exemplary years of dedica- Hate Crimes bill, to the floor for a vote. and women at the university. tion and service. From bringing the Royal Shakespeare Com- f pany to Ann Arbor to dedicating the new Ger- f ald R. Ford School of Public Policy, Lee PROMOTING TOLERANCE HONORING CHARLES WHITE Bollinger has been a man of vision—a leader of compassion—and a strong advocate for the HON. HILDA L. SOLIS HON. DALE E. KILDEE principles that he and the University embody. OF CALIFORNIA I know he has mixed feelings about leaving OF MICHIGAN behind the Michigan family as he moves on to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Columbia next year. But those of us who have Wednesday, December 5, 2001 Wednesday, December 5, 2001 seen the progress and growth of the university Ms. SOLIS. Mr. Speaker, today I rise again under his tutelage can only say ‘‘thank you’’ to Mr. KILDEE. Mr. Speaker, I rise today to to urge this chamber to bring the Hate Crime pay tribute to Charles White a longtime United Lee for his outstanding service to the Univer- Legislation H.R. 1342 to the floor for a vote. sity, to the people of Michigan and to the na- Automobile Workers activist. Charles will be This Nation has seen a sharp rise in hate honored by the UAW Region 1C Retirees Leg- tion. crimes against individuals perceived to be of I call upon all my colleagues to thank him islative Committee on December 7, 2001 in Middle Eastern decent or Muslim. my hometown of Flint. for his legacy of service, and to join me in I stood right here 3 weeks ago and said Born in 1916, Charlie grew up in Missouri. wishing him and his wife Jean well in their fu- there had been over 1,100 reported com- During the 1920s he lived with an uncle who ture endeavors. plaints since September 11th. That number worked at Fisher Body in St. Louis. He moved f has now jumped to almost 1,500. What is it going to take to get people to re- to Flint and was hired in 1935 by General Mo- TRIBUTE TO STEPHAN WICHAR, tors to work at the Fisher Body 1 Plant. When SR. alize that hate crimes aren’t like other crimes? People are attacked and intimidated be- General Motors attempted to remove the dies from the plant on December 30, 1936 the HON. DAVID E. BONIOR cause of how they look or where they pray. Assault, harassment, discrimination, death workers at Fisher Body Plant 1 joined the OF MICHIGAN threats, hate mail, and even death are occur- workers at Fisher Body Plant 2 to begin the IN THE HOUSE OF REPRESENTATIVES ring in schools, workplaces, airports, and historic sit-down strike. Charlie became a Flint Wednesday, December 5, 2001 homes. Sit-Down Striker at that time. Mr. BONIOR. Mr. Speaker, today I rise to My own family received a threat. My sister Over the next weeks, Charlie worked tire- pay tribute to Stephan Wichar, whose achieve- received a call about an anthrax letter being lessly at the strike headquarters. He made ments span the decades and have touched sent to her. banners, signs and drew editorial cartoons. the lives of so many in the city of Warren and Hate crimes terrorize their victims. When a When John L. Lewis came to Flint to work beyond. As family, friends, and community group is targeted no member of the group can with the fledgling United Automobile Workers members gathered together on Sunday, No- feel completely safe. and help negotiate the settlement with General vember 18, 2001, they honored Steve Wichar There have been stories of Muslim men Motors, Charlie served as his bodyguard. for his years of service, as a distinguished shaving their beards and removing their tur- Continuing a tradition that had started dur- Ukrainian-American who has shown out- bans just to feel safe. ing the strike, Charlie drew editorial cartoons standing leadership and support in his com- Our Nation has the will to fight for the free- for the union papers during the next forty munity and beyond. dom of others in Afghanistan. We should years. Joining with his fellow UAW members, President of the Ukrainian Village Board of make sure we have the will to fight for the Charlie has fought for safety laws and im- Directors and distinguished community activist, freedom from hate crimes in our own country. proved conditions in the factories. He served Steve Wichar has demonstrated outstanding California has seen one of the largest in- as a union president and eventually retired in dedication and commitment to both the creases in hate crimes of all the states. 1966 from UAW Local 581. In 1971 he be- Ukrainian and American communities. Presi- Since September 11th in Los Angeles coun- came the Chairperson of the Local 581 Re- dent of the Board of Directors at Wingate ty alone, there have been 156 reported inci- tiree Chapter and has continued in that capac- Management, Steve has been providing lead- dents against those perceived to be Arabs or ity until the present time. He has been sup- ership and expertise for over 14 years. He has Muslim. This includes 2 homicides. ported in his work by his wife, Barbara, and worked hard to improve safety in Detroit Pub- This is a huge increase over last year, when his three daughters. lic Schools and lent countless hours to the there were just 12 reported incidents in Los Mr. Speaker, I ask the House of Represent- Boy’s Club of America. His efforts to help Angeles County. atives to join me in congratulating Charles prenaturalized students overcome the chal- I am alarmed at these shameless acts. White as he is honored by the retiree chapters lenges they face in public schools has been Our diversity is our strength and we must in UAW Region 1C. His contributions have remarkable, and he has raised tens of thou- remain united. brought more humane working conditions in sands of dollars for the Children of Chernobyl Our children learn prejudice and intolerance the our factories and a better life to workers Fund. from us. everywhere. CONGRESSIONAL RECORD — Extensions of Remarks E2215 TRIBUTE TO JAMIE ROCHELLE its new service centers will become a working If a legal resident is otherwise cleared for showcase in the possibilities of solar energy. employment and qualified for hire, lack of citi- HON. CIRO D. RODRIGUEZ Jamie Rochelle has worked closely with me zenship should not be a bar to hire if the legal OF TEXAS and my staff on projects important to our com- resident has filed for naturalization prior to IN THE HOUSE OF REPRESENTATIVES munity and the Nation. Among other things, September 11, 2001. she has supported our efforts to transform This bill is fair. It opens the doors to contin- Wednesday, December 5, 2001 Brooks AFB into a more efficient entity, known ued employment in security jobs operated by Mr. RODRIGUEZ. Mr. Speaker, I rise to pay as a city-base, by partnering with the Air the federal government under PL107–71. tribute to a woman of extraordinary ability, Force and academia on innovative energy Under H.R. 3416, intent to become a U.S. cit- Jamie Rochelle, who this month ends an illus- projects. CPS partners with the Southwest Re- izen clears the way to being hired. Filing for trious career at San Antonio’s municipally- search Institute, Brooks AFB, St. Philips Col- naturalization should be recognized as giving owned utility, City Public Service (CPS), and lege and DCH Technology, and the U.S. Army the employee the bona fides needed to qual- concludes her year-long service as chairman Corps of Engineers on a year-long fuel cell re- ify. of the board for the Greater San Antonio search project at Brooks AFB, to find ways to There are many places where it still takes Chamber of Commerce. She has proven her- make fuel cell technology feasible for residen- 18 months to 2 years to become a citizen after self not only a capable leader and chief exec- tial uses. CPS has supported the Brooks En- filing for naturalization. utive, but also an important member of our ergy and Sustainability Laboratory, an effort These persons should not be prejudiced for community. Her efforts have made San Anto- coordinated by the Texas Engineering Experi- the failure to process the papers in a more nio a better place to work and live. mental Station of Texas A&M University to timely manner. Jamie Rochelle is a true success story. make energy consumption in buildings operate I urge my colleagues to support this fair and What began as a computer programming job at peak efficiency, cutting waste and con- equitable compromise. at CPS started her on a 31-year path that led serving valuable resources. Most recently, Ms. f her to become in 1998 the first female general Rochelle signed off on a partnership with the manager and chief executive officer at CPS, Department of Energy to develop at Brooks IN MEMORY OF TED GREGORY, A now the second largest municipally-owned util- AFB a building cooling and heating plant as a CINCINNATI LEGEND ity in the United States with more than $6 bil- model for efficient energy generation and use. lion in assets. What’s best, her leadership has Jamie Rochelle is more than just a series of HON. ROB PORTMAN helped keep CPS rates among the very lowest accomplishments, though she has had many OF OHIO in the country. During her time at CPS, she and will likely have many more in the future. IN THE HOUSE OF REPRESENTATIVES handled a large debt refinancing yielding $20 Quiet, confident and sure, she exemplifies Wednesday, December 5, 2001 million in interest savings, streamlined com- good leadership. Knowing of the challenges pany management, managed supply crises facing not only CPS but San Antonio, she has Mr. PORTMAN. Mr. Speaker, I rise today to well, and struck beneficial deals that helped provided a positive and inclusive vision for the honor the memory of Ted Gregory, a friend the company save money and improve serv- company. She reaches out to others and has and constituent who passed away on Sunday, ice. These experiences made her a successful participated in numerous civic organizations, December 2. Ted Gregory was a wonderful manager and an astute chief executive. culminating in her past year as the head of the person who built a legacy based on his land- CPS enjoys a diverse array of energy Greater Chamber. It has been my honor to mark restaurants, his generosity and commu- sources, protecting customers from market work with her on behalf of the people of San nity service. fluctuations and supply interruptions. Ms. Ro- Antonio. Born in Windsor, Ontario, he grew up in De- chelle saw to it that CPS expanded its gener- troit. He moved to Montgomery, Ohio when it ating capacity while working to protect the en- f was still a rural area, bought the former vironment. Last year, she took pride in bring- PERMITTING LEGAL IMMIGRANTS McCabe’s Inn and renamed it Montgomery ing on-line a new state of the art gas-fired WHO HAVE FILED FOR NATU- Inn. Six years later, his wife Matula developed power plant. Under her leadership, the com- RALIZATION PRIOR TO SEP- a secret barbecue sauce recipe that made the pany was quick to respond last year to surging TEMBER 11, 2001, TO KEEP THEIR Inn a legend. gas prices in an effort to soften the impact on JOBS AT OUR NATION’S AIR- The restaurants, combined with Ted’s warm the many vulnerable families it serves. Even in PORTS personality and business acumen, made him a the absence of crisis, CPS a Project WARM legend. Eventually, Ted’s operation expanded, fund to provide financial assistance to help with the addition of three other dining venues needy families pay their utility bills. HON. PATSY T. MINK in Cincinnati and Northern Kentucky. Accord- CPS also takes pride in the success of its OF HAWAII ing to Restaurants and Institutions magazine, small and disadvantaged business outreach IN THE HOUSE OF REPRESENTATIVES the industry’s leading trade publication, Mont- program. This past year CPS received the Wednesday, December 5, 2001 gomery Inn is the leading rib restaurant chain coveted Dwight D. Eisenhower Award for Ex- in the U.S.—over 15 tons are sold each week. cellence from the United States Small Busi- Mrs. MINK of Hawaii. Mr. Speaker, I rise His employees were devoted to him—many ness Administration. Competing against 2,500 today to introduce H.R. 3416 to amend were with him twenty years or more. utilities nationwide, CPS won this honor for its PL107–71, the recently passed Aviation Secu- Although Ted was a good businessman, he proven record of reaching out to and including rity Act. was also a lot of fun. Wherever he went, he small business in its contracting operation. PL107–71 prohibits the hiring of non-citizens always brought a smile and his endless good Similarly, CPS has proven to be a good cor- in airport security programs no matter how humor with him. When Bob Hope visited Cin- porate neighbor. Whether through its Share well qualified. This prohibition is an egregious, cinnati to support the Bob Hope House, he the Warmth program to provide warm clothes unfair provision. and Ted became good friends. Many other in the winter, or its Weatherization Program to It forgets that 34,200 legal residents are ac- former Presidents and celebrities visited Ted’s better insulate older, inner city homes in the tive in the U.S. Armed Forces and that 12,600 restaurants to enjoy the famed ribs, including summer, CPS and its employees reach out serve in our Reserves and are willing to give Presidents Gerald Ford and Ronald Reagan, with a helping hand. their lives in defense of our freedom. Vice President Dick Cheney, Tom Selleck, and Jamie Rochelle has helped make CPS a If legal residents can fight for us in war, they Don Rickles. pro-active leader in renewable energy re- should be able to protect us in airports. His warmth extended to helping others. He search and development. In April 2000, CPS If legal residents are otherwise qualified to generously supported the Cincinnati began to offer wind-generated electricity to its serve as our airport security officers, they FreeStore/FoodBank, St. Rita’s School for the customers. With a financial investment, CPS ought not to be denied employment just be- Deaf, Sycamore High School, Bob Hope supports solar energy projects in San Antonio. cause they are not citizens. House, and Riding for the Handicapped. One project, in cooperation with Solar San An- My bill, H.R. 3416, does not totally fix the All of us in Cincinnati will miss Ted Greg- tonio, will assist local government in reducing basic problem. But it protects employment ory’s warmth, humor and love for life, and we energy consumption and researching the fea- rights to legal residents who have filed for nat- extend our deepest sympathies to Matula and sibility of renewable energy sources. One of uralization prior to September 11, 2001. their children, Dean, Tom, Vickie and Terry. E2216 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 THE CONTRIBUTIONS OF THE Today as we commemorate the 60th anni- TRIBUTE TO ROLLIN ‘‘RUFFY’’ LATE JOHN T. O’CONNOR versary of the Pearl Harbor attack, I would like JOHNSON ON THE OCCASION OF to honor the men and women who make up HIS RETIREMENT AS A VFW AS- HON. MICHAEL E. CAPUANO the Idaho Pearl Harbor Survivor’s Association. SISTANT DEPARTMENT SERVICE OF MASSACHUSETTS This group of 50 active members helps keep OFFICER IN THE HOUSE OF REPRESENTATIVES the memory of those who served so bravely alive. To be a member you must be a military Wednesday, December 5, 2001 HON. BART STUPAK survivor of the December 7th attack, have OF MICHIGAN Mr. CAPUANO. Mr. Speaker, I rise today to been within a three-mile radius of the Island of IN THE HOUSE OF REPRESENTATIVES remember John T. O’Connor, a community ac- Oahu between 7:55 a.m. and 9:45 a.m. Wednesday, December 5, 2001 tivist and environmental advocate who passed The nation-wide group has approximately away on November 30, 2001. A longtime resi- 10,000 members and started with just 11 peo- Mr. STUPAK. Mr. Speaker, I rise today to dent of Cambridge, Massachusetts, John ple in 1958. The Magic Valley Chapter started pay special tribute to a U.S. military veteran— O’Connor fought for many important causes, on Feb. 17, 1979 with five members. Over the a special veteran, one who after completing from ending poverty to protecting our environ- years, the members have given back to each his own tour of duty has spent a career pro- ment. Idaho community—buying flags, talking with viding assistance to other veterans. Mr. He graduated from Clark University in 1978, youth groups, and performing countless hours Speaker, I rise to honor Rollin ‘‘Ruffy’’ John- beginning a career of public service and advo- of community service. They have sounded son on the occasion of his retirement as a cacy. After graduation, he joined the ‘‘Volun- their motto, ‘‘Remember Pearl Harbor—Keep Veterans of Foreign Wars assistant state serv- teers in Service to America’’, an organization America Alert’’ in all their activities. How ice officer for the Upper Peninsula of Michi- focused on eliminating poverty. He went on to poignant this statement is considering the gan. found the National Toxics Campaign in 1983 events of September 11, 2001. It is conventional wisdom that no person in and fought tirelessly for passage of the Super- Today, I would like to honor this group by any organization—and that includes you and I, fund law. naming each survivor who currently lives in Mr. Speaker—is truly irreplaceable, but Michi- Mr. O’Connor never lost his commitment to Idaho. This list is according to the Idaho Pearl gan veterans may look long and hard before preserving our environment and demonstrated Harbor Association. The members are: they come up with an individual who has this in a number of ways over the years. He Harold F. Beebe, Pocatello, Kaneohe NAS; worked and battled so hard for the rights for served as Chairman of Gravestar, Inc—a de- Ralph Eaton, Twin Falls, USS Henley; Richard our former military men and women as Ruffy velopment company that focused on environ- Hansing, Twin Falls, USS Nevada; C.H. Johnson has. I guess that, in Ruffy’s case, his mentally sensitive real estate projects. In Harame, Pocatello, USS Detroit; William work on behalf of veterans blends innate 1991, he founded Greenworks, a company Harten, Idaho Falls, USS West Virginia; Per- Yooper cussedness with the personal style of that provides a wide range of services from of- shing Hill, Idaho Falls, USS Nevada; Leroy J. a person who has claimed that his nickname fice space, financial support and advice to en- Kohntopp, Filer, USS Maryland; Gale D. ‘‘Ruffy’’ comes from his early days of enjoying vironmental start-up companies. Mohlenbrink, Buhl, USS Northampton; Patrick a good fight. If you combine those characteris- Mr. O’Connor paid tribute to his Irish roots C. O’Connor, Pocatello, Receiving Station, tics with the important task of fighting for vet- by serving on the Irish Famine Memorial Com- Pearl Harbor; Robert R. Olsen, Chubbuck, erans’ benefits, you know you have a mixture mittee. The Committee successfully raised the Naval Hospital; Steve F. Phillips, Challis, Ford that can make people at the Department of funds to construct a memorial in Cambridge Island NAS; David R. Roessler, Gooding, 24 Veterans Affairs sit up and listen. and dedicated it in the presence of Mary Rob- SIG.; Tony Sabala, Jerome, 21st INF.; Irvin A. After graduating in 1951 from Negaunee inson, then President of Ireland. Satterfield, American Falls, USS Argonne; High School in Michigan’s U.P., Ruffy enlisted Many people have stories to tell about Mr. Nicholaus Gaynos, Post Falls, 407th SIG; in the U.S. Navy, serving the first two years on O’Connor’s generosity and his spirit. He Miles R. Gillespie, Nampa, 27th INF.; Roy the destroyer U.S.S. Beale and two more helped local young people by providing guid- Hayter, Athol, USS Honolulu; Munith F. years at a base in the Mediterranean. His ance, advice and even money for college tui- Higbee, Meridian, USS Phelps; Don A. Irby, four-year hitch completed, he returned to the tion. By these actions, he no doubt changed Boise, USS Maryland; Wallace R. Jacobs, U.P. and was one of the first dozen civilians the course of many young lives for the better. Lewiston, USS California; Dale E. Magnuss, hired at K.I. Sawyer, a Strategic Air Command Mr. O’Connor made the world a better place Pinehurst, USS Cummings; James R. Mallory, Base near Marquette, which is now closed. in so many ways. He was generous with his Boise, USS St. Louis; Ernest R. Mangrum, Following his Sawyer job he worked for a time and his considerable talents, helping to Boise, USS West Virginia; Eugene N. number of years for the U.S. Post office, but further so many different causes, both large McDonough, Boise, 24th INF.; Dallas F. he took the job that really concerns us here in and small. He dedicated a significant amount Pohlmann, Boise, Pack Train; Glenn R. 1988, when he accepted a position with the of time and money to charitable organizations, Rosenberry, Caldwell, HQ 18th Bomb EG.; Department of Michigan Veterans of Foreign making a tangible difference in the lives of so Carrol V. Rowell, Boise, 2d Marie Air WG; Wars as an assistant state service officer in many. Robert W. Arent, Nampa, USS Maryland; Detroit. I came to know John O’Connor first as a Richard L. Artley, Lewiston, USS Oklahoma; At least one Detroit colleague remembers local businessman, then as an opponent in the Ray Aznavoorian, Post Falls, USS Ontario; Ruffy arriving from the U.P. with his wife Do- 1998 congressional race, and later as a friend. Conway B. Benson, Boise, USS Tennessee; reen in their pickup truck, and that colleague He touched many lives in his 46 years, includ- Thomas A. Brown, Boise, USS Phoenix; Frank recalls checking to see if there was a hunting ing mine, and I am saddened by his passage. A. Cannon, Orofino, USS Wasmuth; Robert A. rifle in the rear window. Doreen remembers My thoughts and prayers are with John’s wife, Coates, Nampa, USS Nevada; James R. there was no gun, but she believes the rack Carolyn Mugar, his family and his many Critchett, Silverton, Kaneohe, NAS; Frank R. was probably there. friends during this difficult time. Dallas, Meridian, HQ 18th Bomb WG. Mr. Speaker, I said that Rolling Johnson f USS Ogalala; Harold M. Sr. Erland, Boise, was a fighter for veterans. An example of his HQ HAW.; Dan C. Fry, Banks, Kaneohe; Hor- tenacity is what occurred after Ruffy learned HONORING THE IDAHO PEARL ace E. Dresser, Caldwell, USS San Francisco; that veterans were being pressed for the co- HARBOR SURVIVOR’S ASSOCIATION Raymond W. Garland, Couer D’Alene; USS payments of their prescription drugs. He in- Tennessee; John R. Sandell, Kamiah, HQ 5th quired about the appeal process and was told HON. MICHAEL K. SIMPSON Bomb GP; James K. Thomas, Boise; Franklin by the VA the there was no appeal. Well, Mr. OF IDAHO Elliott, Eagle. Speaker, the VA had tangled with the wrong IN THE HOUSE OF REPRESENTATIVES HQ Hawaiian AF; Kenneth F. Walters, guy, and through the tenacity of Ruffy John- Lewiston, USS Pennsylvania. son a national appeal process was estab- Wednesday, December 5, 2001 On behalf of all Idahoans and Americans lished. Mr. SIMPSON. Mr. Speaker, I rise today to everywhere, ‘‘thank you’’ for your sacrifice and Ruffy was transferred from Detroit back to honor a generation of American patriots. They service to your country. You’ve reminded the U.P. in 1992. His initial veterans’ service were the men and women at Pearl Harbor, Americans that we can never become compla- area was the eastern U.P. but by the end of Hawaii that day of infamy, December 7, 1941. cent and must keep our defenses strong. We the decade he was assisting across the Upper The men and women who served and died at will remember Pearl Harbor and always be on Peninsula. I know what’s involved in that ef- Pearl Harbor paid a great price to our nation. alert. fort, Mr. Speaker, because I have put more CONGRESSIONAL RECORD — Extensions of Remarks E2217 than five hundred thousand miles in driving standing citizens. Ms. Debbie Tamlin of Fort Mr. Speaker, Coloradans know and appre- around my congressional district. Ruffy has Collins, Colorado, this week, has been named ciate Debbie Tamlin’s numerous achieve- clearly been up to the task, serving above and Realtor of the Year by her peers and col- ments, but to me, Debbie is a close friend, beyond the call of duty by going to every con- leagues of the Fort Collins Board of Realtors, one I’ve known since I first arrived in Colo- vention and every meeting that involved vet- a commendation she richly deserves for a va- rado. She’s a devoted mother, a pious be- erans. He was instrumental in creating a pro- riety of reasons. Debbie is a true professional liever, and one of the most honorable people gram to name a U.P. Veteran of the Year, and who never lets up until her clients are well I’ve ever met. Whenever there is a cause. he has been active as a judge in those great served. Her standard is excellence, and her Debbie is there to be its champion. Whenever VFW programs, Voice of Democracy and Na- dedication to her profession is legendary. there is a need, Debbie is there to help. tional Youth Essay. Debbie is proprietor and president of her Whenever there is a challenge, Debbie is Ruffy has held numerous positions at his own firm ZTI Group. She has been a real es- there to face it. She’s a profile in courage, a own local post, Negaunee’s Post 3165, includ- tate broker in Colorado for over twenty years, heroine of endless generosity, and a loyal ing serving as post commander in 1980–81. and president ZTI Group since 1989. Recently friend to many. He is currently 14th District Junior Vice Com- she was awarded for her work receiving the mander. Distinguished Service Award twice from the Debbie Tamlin is an authentic American and Ruffy has counseled widows of veterans on Colorado Association of Realtors (CAR), and an enthusiastic patriot. She loves the West the benefits they are due, fought to keep vet- the 2001 Political Service Award from CAR. and all its traditions. She embodies the spirit erans in nursing homes, and helped process Debbie is a familiar face at the Colorado of freedom and the hope of a brighter tomor- myriad claims for deserving former military in- State Capitol, at the County Courthouse, at row; and she inspires all around her to dividuals. All his great attributes aside, how- City Hall, and even here in the nation’s Cap- achieve great things that once seemed only ever, Ruffy has one blind spot. Maybe it was itol. She is clearly my community’s most force- distant dreams. She’s a leader—one whose those years in Detroit, but despite the advice ful and most competent advocate for the im- mark on her community is unmistakable and of friends, despite the wishes of his own chil- provement of laws to benefit consumers and always positive—the kind of leader who dren, he remains a Detroit Lions fan in the to build a stronger, healthier community. As makes her friends and neighbors proud, sets heart of Green Bay Packer country. We’ll for- one who for thirteen years has been on the re- the bar high, and leaves us in awe. She is re- give him this flaw. ceiving end of Debbie’s lobbying, I can tell spected across the country and beyond even Mr. Speaker, on Dec. 8, Ruffy Johnson will you, she’s not to twist arms, make threats, or that. Her passion for excellence in her profes- be honored by friends, peers, his wife of 45 mislead. She’s a skilled negotiator, a brilliant sional life and personal life make her extraor- years, his career-Army son, and two of his intellectual, and an honorable decent woman dinary. She is a splendid woman. three daughters who are able to make it, at a whose word is her bond, and whose integrity Mr. Speaker, it’s difficult for any of us to de- precedes her. Of course she’s persuasive. gathering in Ishpeming, Michigan, I ask you scribe the essence of a particular State. Colo- Many of the best laws related to property and my House colleagues to join me in salut- rado, for example, is known for many things— rights and housing at the federal, state, and ing Rollin ‘‘Ruffy’’ Johnson, a true friend of a rich history, rugged mountains, wild majestic local level have only been accomplished be- veterans in northern Michigan. skies and hard-working people. Debbie Tamlin cause of Debbie Tamlin’s devotion to her com- f is the face of Colorado. Her life’s work em- munity and her profession. bodies the qualities we all admire. She’s a lov- TRIBUTE TO MS. DEBBIE TAMLIN Debbie Tamlin is a political activist. She’s ing wife, a caring mother, and gentle soul and backed me in each of my efforts to represent impressive figure in Colorado’s bright future. HON. BOB SCHAFFER Colorado, and I humbly warrant I would not OF COLORADO have succeeded were if not for her assistance. I am grateful for our colleagues from throughout the nation who join us tonight in IN THE HOUSE OF REPRESENTATIVES In fact, there are many leaders in office today who owe their election victories to Debbie. expressing our warmest commendations and Wednesday, December 5, 2001 Conversely, there are many aspirants whose congratulations to Debbie. She’s more than Mr. SCHAFFER. Mr. Speaker, I rise today political ambitions have been dashed because the Realtor of the Year, she’s Debbie Tamlin. on the floor of the House to congratulate and of Debbie * * * well, let’s just say because May God continue to richly bless her and her call attention to one of Colorado’s truly out- Debbie didn’t see things exactly their way. family. E2218 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2001 SENATE COMMITTEE MEETINGS Joint Economic Committee 2 p.m. Title IV of Senate Resolution 4, To hold hearings to examine the employ- Commission on Security and Cooperation agreed to by the Senate on February 4, ment-unemployment situation for No- in Europe vember, focusing on payroll employ- To hold hearings to examine the state of 1977, calls for establishment of a sys- ment figures. human rights, democracy and security tem for a computerized schedule of all 1334 Longworth Building concerns in Kyrgyzstan, focusing on meetings and hearings of Senate com- human rights and democracy in the mittees, subcommittees, joint commit- DECEMBER 10 Central Asian region. tees, and committees of conference. 10 a.m. 334 Cannon Building This title requires all such committees Judiciary to notify the Office of the Senate Daily To hold hearings on the nomination of DECEMBER 13 Digest—designated by the Rules com- David L. Bunning, to be United States 9:30 a.m. mittee—of the time, place, and purpose District Judge for the Eastern District Governmental Affairs of the meetings, when scheduled, and of Kentucky. To hold hearings to examine security of any cancellations or changes in the SD–226 the passenger and transit rail infra- meetings as they occur. structure. As an additional procedure along DECEMBER 11 SD–342 with the computerization of this infor- 9:30 a.m. 10 a.m. mation, the Office of the Senate Daily Governmental Affairs Banking, Housing, and Urban Affairs Digest will prepare this information for To hold hearings to examine the local To hold hearings to examine housing and printing in the Extensions of Remarks role in homeland security. community development needs in section of the CONGRESSIONAL RECORD SD–342 America. on Monday and Wednesday of each 10 a.m. SD–538 week. Judiciary Judiciary Meetings scheduled for Thursday, De- Administrative Oversight and the Courts Business meeting to consider pending cember 6, 2001 may be found in the Subcommittee calendar business. Daily Digest of today’s RECORD. To hold hearings to examine homeland SD–226 defense issues, focusing on sharing in- MEETINGS SCHEDULED formation with local law enforcement. DECEMBER 18 SD–226 10 a.m. DECEMBER 7 Health, Education, Labor, and Pensions 9:30 a.m. DECEMBER 12 To hold hearings to examine the limits of Commerce, Science, and Transportation 10 a.m. existing laws with respect to pro- To hold hearings on the nomination of Judiciary tecting against genetic discrimination. Sean O’Keefe, of New York, to be Ad- To hold hearings to examine the future SD–106 ministrator of the National Aero- nautics and Space Administration. of the Microsoft settlement. SR–253 SD–226 Wednesday, December 5, 2001 Daily Digest

HIGHLIGHTS The House and Senate passed H.J. Res. 76, making further continuing appropriations through December 15—clearing the measure for the President. Senate taking action on the following amendment proposed Chamber Action thereto: Pages S12390–94 Routine Proceedings, pages S12389–S12464 Adopted: Measures Introduced: Twelve bills and two resolu- Daschle (for Hatch/Baucus) Amendment No. tions were introduced, as follows: S. 1766–1777, S. 2170, in the nature of a substitute. Pages S12390–93 During consideration of this measure, Senate also Res. 187, and S. Con. Res. 88. Page S12447 took the following action: Measures Reported: By 80 yeas to 19 nays (Vote No. 350), three-fifths S. 1382, to amend title 11, District of Columbia of those Senators duly chosen and sworn having Code, to redesignate the Family Division of the Su- voted in the affirmative, Senate agreed to the motion perior Court of the District of Columbia as the Fam- to waive section 302(f) of the Congressional Budget ily Court of the Superior Court, to recruit and retain Act of 1974 with respect to consideration of Daschle trained and experienced judges to serve in the Fam- (for Hatch/Baucus) Amendment No. 2170 (listed ily Court, to promote consistency and efficiency in above). Subsequently, a point of order that the the assignment of judges to the Family Court and amendment was in violation of section 302(f) of the in the consideration of actions and proceedings in Congressional Budget Act of 1974 was rejected. the Family Court, with an amendment in the nature Page S12393 of a substitute. (S. Rept. No. 107–107) Continuing Appropriations: Senate passed H.J. H.R. 2657, to amend title 11, District of Colum- Res. 76, making further continuing appropriations bia Code, to redesignate the Family Division of the for the fiscal year 2002, clearing the measure for the Superior Court of the District of Columbia as the President. Page S12463 Family Court of the Superior Court, to recruit and U.S.-Israel Solidarity: Senate agreed to S. Con. retain trained and experienced judges to serve in the Res. 88, expressing solidarity with Israel in the fight Family Court, to promote consistency and efficiency against terrorism. Page S12463 in the assignment of judges to the Family Court and Federal Farm Bill: Senate resumed consideration of in the consideration of actions and proceedings in the motion to proceed to consideration of S. 1731, the Family Court, with an amendment in the nature to strengthen the safety net for agricultural proof a substitute. (S. Rept. No. 107–108) ducers, to enhance resource conservation and rural Report to accompany H.R. 3338, making appro- development, to provide for farm credit, agricultural priations for the Department of Defense for the fiscal research, nutrition, and related programs, and to en- year ending September 30, 2002. (S. Rept. No. sure consumers abundant food and fiber. 107–109) Page S12447 Pages S12400–39 Measures Passed: During consideration of this measure today, Senate also took the following action: Railroad Retirement and Survivors’ Improve- By 73 yeas to 26 nays (Vote No. 352), three-fifths ment Act: By 90 yeas to 9 nays (Vote No. 351), of those Senators duly chosen and sworn having Senate passed H.R. 10, to modernize the financing voted in the affirmative, Senate agreed to the motion of the railroad retirement system and to provide en- to close further debate on the motion to proceed to hanced benefits to employees and beneficiaries, after consideration of the bill. Page S12406 D1204 December 5, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1205

A unanimous-consent agreement was reached pro- Privilege of the Floor: Page S12459 viding that at 12 noon, on Thursday, December 6, Record Votes: Three record votes were taken today. 2001, Senate agree to the motion to proceed to the (Total—352) Pages S12393, S12394, S12406 consideration of S. 1731 (listed above), and then proceed to consideration of H.R. 3338, making appro- Adjournment: Senate met at 9:30 a.m., and ad- priations for the Department of Defense for the fiscal journed at 8:05 p.m., until 10:30 a.m., on Thursday, year ending September 30, 2002, provided further December 6, 2001. (For Senate’s program, see the re- that no amendments be in order to S. 1731 prior to marks of the Acting Majority Leader in today’s Tuesday, December 11, 2001. Page S12439 Record on page S12464.) Treaties Approved: The following treaties having passed through their various parliamentary stages, up Committee Meetings to and including the presentation of the resolution (Committees not listed did not meet) of ratification, upon division, two-thirds of the Sen- ators present and having voted in the affirmative, the NORTHERN BORDER SECURITY resolutions of ratification were agreed to: Committee on Appropriations: Subcommittee on Treas- International Convention for Suppression of Fi- ury and General Government concluded hearings to nancing Terrorism (Treaty Doc. 106–49) with one examine United States northern border security pol- reservation, two understandings, and three condi- icy, focusing on ports of entry, security personnel, tions. and compatible communication equipment for International Convention for the Suppression of American and Canadian law-enforcement authorities, Terrorist Bombings (Treaty Doc. 106–6) with one after receiving testimony from Senators Schumer, reservation, three understandings, and three condi- Clinton, and Stabenow; North Dakota Governor tions. Pages S12461–63 John Hoeven, Bismarck; Vermont Governor Howard Appointment: Dean, Montpelier; and Michigan Lieutenant Gov- ernor Dick Posthumus, Lansing. Congressional Award Board: The Chair, on behalf of the Majority Leader, pursuant to Public Law TECHNOLOGY SECTOR 96–114, as amended, announced the appointment of Committee on Commerce, Science, and Transportation: Sub- Kevin B. Lefton, of Virginia, to the Congressional committee on Science, Technology, and Space con- Award Board, vice John Falk. Page S12463 cluded hearings to examine the response of the tech- Nominations Confirmed: Senate confirmed the fol- nology sector in times of crisis, focusing on the suc- lowing nomination: cesses and failures in the aftermath of the events of John P. Walters, of Michigan, to be Director of September 11, 2001, after receiving testimony from National Drug Control Policy. John H. Marburger III, Director, Office of Science Pages S12439–43, S12464 and Technology Policy; Joe M. Allbaugh, Director, and Ron Miller, Chief Information Officer, both of Nominations Received: Senate received the fol- the Federal Emergency Management Agency; Will lowing nominations: Pelgrin, State of New York Governor’s Office of Randal Quarles, of Utah, to be a Deputy Under Technology, Albany; Craig O. McCaw, Eagle River, Secretary of the Treasury. Inc., Kirkland, Washington; Roger Cochetti, Jr., 34 Army nominations in the rank of general. Verisign, Inc., and Stephen J. Rohleder, Accenture, Routine lists in the Army. Page S12464 both of Washington, D.C.; Julie Coppernoll, Intel Messages From the House: Pages S12445–46 Corporation, Santa Clara, California; and Sarah Measures Referred: Page S12446 Roche, UPOC, and Joe Sandri, WinStar, both of New York, New York. Measures Placed on Calendar: Page S12446 NOMINATIONS Executive Communications: Pages S12446–47 Committee on Energy and Natural Resources: Committee Additional Cosponsors: Pages S12447–48 concluded hearings on the nominations of Margaret Statements on Introduced Bills/Resolutions: S.Y. Chu, of New Mexico, to be Director of the Of- Pages S12448–58 fice of Civilian Radioactive Waste Management, and Additional Statements: Pages S12443–45 Beverly Cook, of Idaho, to be Assistant Secretary for Environment, Safety and Health, both of the Depart- Amendments Submitted: Page S12458 ment of Energy, and Jeffrey D. Jarrett, of Pennsyl- Authority for Committees to Meet: vania, to be Director of the Office of Surface Mining Pages S12458–59 Reclamation and Enforcement, and Rebecca W. D1206 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2001

Watson, of Montana, to be Assistant Secretary for duced by Senators Gramm and Hutchison, Mr. Land and Minerals Management, both of the Depart- Royal was introduced by Senators Cleland and Mil- ment of the Interior, after the nominees testified and ler, and Mr. Tamargo was introduced by Senators answered questions in their own behalf. Ms. Chu was Graham and Warner, and Representatives Ros- introduced by Senator Domenici, Ms. Cook was in- Lehtinen and Meek. troduced by Senator Craig, and Ms. Watson was introduced by Senator Watson. COPS PROGRAM NOMINATIONS Committee on the Judiciary: Subcommittee on Crime Committee on the Judiciary: Committee concluded and Drugs concluded hearings to examine the future hearings on the nominations of Callie V. Granade, to of the Community Oriented Policing Services be United States District Judge for the Southern (COPS) program of the Department of Justice, focus- District of Alabama, Marcia S. Krieger, to be United ing on a comprehensive study chronicling its rela- States District Judge for the District of Colorado, tionship to local and national crime rates, after re- James C. Mahan, to be United States District Judge ceiving testimony from Viet D. Dinh, Assistant At- for the District of Nevada, Philip R. Martinez, to be torney General, Office of Legal Policy, Department United States District Judge for the Western Dis- of Justice; Lonnie Westphal, Colorado State Patrol, trict of Texas, C. Ashley Royal, to be United States Denver, on behalf of the International Association of District Judge for the Middle District of Georgia, Chiefs of Police; Steve Young, Marion City Police and Mauricio J. Tamargo, of Florida, to be Chairman Department, Marion, Delaware, on behalf of the Fra- of the Foreign Claims Settlement Commission of the ternal Order of Police; Jihong Zhao, University of United States, Department of Justice, after the Nebraska Department of Criminal Justice, Omaha; nominees testified and answered questions in their Mike Brown, Bedford County Sheriffs’ Office, Bed- own behalf. Ms. Granade was introduced by Senator ford, Virginia, on behalf of the National Sheriffs’ As- Sessions, Ms. Krieger was introduced by Senators sociation; David B. Muhlhausen, Heritage Founda- Campbell and Allard, Mr. Mahan was introduced by tion, Washington, D.C.; and Thomas P. Gordon, Senators Reid and Ensign, Mr. Martinez was intro- New Castle County, Delaware. h House of Representatives cennes, Indiana, for study for potential addition to Chamber Action the National Trails System (H. Rept. 107–318); Measures Introduced: 16 public bills, H.R. 3296, H.R. 3334, to designate the Richard J. Guadagno 3404–3418; 1 private bill, H.R. 3419; and 5 resolu- Headquarters and Visitors Center at Humboldt Bay tions, H.J. Res. 76–77, and H. Res. 302–304, were National Wildlife Refuge, California (H. Rept. introduced. Pages H8948–49 107–319); Reports Filed: Reports were filed today as follows: H.R. 3129, to authorize appropriations for fiscal H.R. 1576, to designate the James Peak Wilder- years 2002 and 2003 for the United States Customs ness and Protection Area in the Arapaho and Roo- Service for antiterrorism, drug interdiction, and sevelt National Forests in the State of Colorado, other operations, for the Office of the United States amended (H. Rept. 107–316); Trade Representative, for the United States Inter- H.R. 1925, to direct the Secretary of the Interior national Trade Commission, amended (H. Rept. to study the suitability and feasibility of designating 107–320); the Waco Mammoth Site Area in Waco, Texas, as Conference report on H.R. 2944, making appro- a unit of the National Park System, amended (H. priations for the government of the District of Co- Rept. 107–317); lumbia and other activities chargeable in whole or in H.R. 1963, to amend the National Trails System part against the revenues of said District for the fis- Act to designate the route taken by American soldier cal year ending September 30, 2002 (H. Rept. and frontiersman George Rogers Clark and his men 107–321); during the Revolutionary War to capture the British H. Res. 305, providing for consideration of mo- forts at Kaskaskia and Cahokia, Illinois, and Vin- tions to suspend the rules (H. Rept. 107–322); December 5, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1207 H. Res. 306, providing for consideration of H.R. nay vote of 407 yeas with none voting ‘‘nay’’ and 2 3005, to extend trade authorities procedures with re- voting ‘‘present,’’ Roll No. 470); Page H8851 spect to reciprocal trade agreements (H. Rept. Hunger to Harvest Resolution: A Decade of Con- 107–323); and cern for Africa: H. Con. Res. 102, amended, relat- H. Res. 307, waiving points of order against the ing to efforts to reduce hunger in sub-Saharan Africa conference report to accompany H.R. 2944, making (debated on Dec. 4; agreed to by a yea-and-nay vote appropriations for the government of the District of of 400 yeas to 9 nays, Roll No. 471); and Columbia and other activities chargeable in whole or Pages H8851–52 in part against the revenues of said District for the fiscal year ending September 30, 2002 (H. Rept. Bear River Migratory Bird Refuge Visitor Cen- 107–324). Pages H8914–45, H8947–48 ter, Box Elder County, Utah: H.R. 3322, to authorize the Secretary of the Interior to construct an Speaker Pro Tempore: Read a letter from the education and administrative center at the Bear Speaker wherein he appointed Representative River Migratory Bird Refuge in Box Elder County, Gillmor to act as Speaker pro tempore for today. Utah; Pages H8852–53 Page H8845 Fern Lake Conservation and Recreation Act in Intelligence Authorization—Go to Conference: Kentucky and Tennessee: H.R. 2238, amended, to The House disagreed with the Senate amendment to authorize the Secretary of the Interior to acquire H.R. 2883, to authorize appropriations for fiscal year Fern Lake and the surrounding watershed in the 2002 for intelligence and intelligence-related activi- States of Kentucky and Tennessee for addition to ties of the United States Government, the Commu- Cumberland Gap National Historical Park; nity Management Account, and the Central Intel- ligence Agency Retirement and Disability System, Pages H8853–55 and agreed to a conference. Page H8849 Lakehaven Utility District, Washington Waste- Appointed as conferees from the Permanent Select water Project: H.R. 2115, to amend the Reclama- Committee on Intelligence, for the consideration of tion Wastewater and Groundwater Study and Facili- the House bill and the Senate amendment, and ties Act to authorize the Secretary of the Interior to modifications committed to conference: Chairman participate in the design, planning, and construction Goss and Representatives Bereuter, Castle, Boehlert, of a project to reclaim and reuse wastewater within Gibbons, LaHood, Cunningham, Hoekstra, Burr, and outside of the service area of the Lakehaven Chambliss, Pelosi, Bishop, Harman, Condit, Roemer, Utility District, Washington; Pages H8855–56 Hastings of Florida, Reyes, Boswell, and Peterson of Native American Small Business Development: Minnesota. And, appointed as conferees from the H.R. 2538, amended, to amend the Small Business Committee on Armed Services, for consideration of Act to expand and improve the assistance provided defense tactical intelligence and related activities: by Small Business Development Centers to Indian Chairman Stump and Representatives Hunter, and tribe members, Alaska Natives, and Native Hawai- Skelton. Page H8849 ians. Agreed to amend the title; Pages H8856–60 Making Further Continuing Appropriations Veterans Day Observance on November 11: H. Through December 15: The House passed H.J. Res. 298, expressing the sense of the House of Rep- Res. 76, making further continuing appropriations resentatives that Veterans Day should continue to be for the fiscal year 2002. The joint resolution was observed on November 11 and separate from any considered by unanimous consent. Pages H8849–50 other Federal holiday or day for Federal elections or Suspensions: The House agreed to suspend the rules national observances (debated on Dec. 4, agreed to and pass the following measures: by a yea-and-nay vote of 415 yeas with none voting Recognizing Radio Free Europe/Radio Liberty’s ‘‘nay’’, Roll No. 472); Pages H8880–81 Successes: H. Con. Res. 242, recognizing Radio Free Honoring the Crew and Passengers of United Europe/Radio Liberty’s success in promoting democ- Airlines Flight 93: H. Con. Res. 232, amended, ex- racy and its continuing contribution to United States pressing the sense of the Congress in honoring the national interests (debated on Dec. 4; agreed to by crew and passengers of United Airlines Flight 93 a yea-and-nay vote of 404 yeas to 1 nay, Roll No. (agreed to by a yea-and-nay vote of 415 yeas with 469); Pages H8850–51 none voting ‘‘nay,’’ Roll No. 473); George P. Shultz National Foreign Affairs Pages H8860–64, H8881–82 Training Center: H.R. 3348, to designate the Todd Beamer Post Office Building, Cranbury, George P. Shultz National Foreign Affairs Training New Jersey: H.R. 3248, to designate the facility of Center (debated on Dec. 4; agreed to by a yea-and- the United States Postal Service located at 65 North D1208 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2001 Main Street in Cranbury, New Jersey, as the ‘‘Todd Commissioner, INS; Asa Hutchinson, Administrator, Beamer Post Office Building’’; Pages H8864–66 DEA; and Frank Gallagher, Deputy Assistant Direc- Solidarity with Israel in the Fight Against Ter- tor, Criminal Investigative Division, FBI. rorism: H. Con. Res. 280, expressing solidarity with DEBT COLLECTION IMPROVEMENT ACT Israel in the fight against terrorism (agreed to by a Committee on Government Reform: Subcommittee on yea-and-nay vote of 384 yeas to 11 nays with 21 Government Efficiency, Financial Management, and members voting ‘‘present,’’ Roll No. 474). Intergovernmental Affairs held a hearing on ‘‘The Pages H8866–80, H8882–83 Debt Collection Improvement Act of 1996: How Meeting Hour—Thursday, Dec. 6: Agreed to by a Well is it Working?’’ Testimony was heard from recorded vote of 322 noes to 82 ayes, Roll No. 475, James Moseley, Deputy Secretary, USDA; Gary T. that when the House adjourns today, it adjourn to Engel, Director, Financial Management and Assur- meet at 9 a.m. on Thursday, Dec. 6. Page H8883 ance, GAO; and Richard L. Gregg, Commissioner, Recess: The House recessed at 9:02 p.m. and recon- Financial Management Service, Department of the vened at 11:02 p.m. Page H8946 Treasury. Quorum Calls—Votes: Seven yea-and-nay votes de- ANTHRAX—POTENTIAL SOURCES veloped during the proceedings of the House today Committee on International Relations: Held a hearing on and appear on pages H8850–51, H8851, H8852, Russia, Iraq, and Other Potential Sources of Anthrax, H8880–81, H8881–82, H8882, and H8883. There Smallpox and Other Bioterrorist Weapons. Testi- were no quorum calls. mony was heard from Richard Spertzel, former Adjournment: The House met at 10 a.m. and ad- Head, Biological Weapons Inspections, United Na- journed at 11:03 p.m. tions Special Commission on Iraq; and public witnesses. Committee Meetings HELP AMERICA VOTE ACT HOMELAND SECURITY: NUCLEAR/ Committee on the Judiciary: Held a hearing on H.R. BIOLOGICAL/CHEMICAL THREATS 3295, Help America Vote Act of 2001. Testimony Committee on the Budget: Held a hearing on Re-Struc- was heard from public witnesses. turing Government for Homeland Security: Nuclear/ BIPARTISAN TRADE PROMOTION ACT Biological/Chemical Threats. Testimony was heard from Scott R. Lillibridge, M.D., Special Assistant to Committee on Rules: Granted, by a record vote of 7 to the Secretary, Bioterrorism, Department of Health 3, a closed rule providing one hour of debate in the and Human Services; and the following officials of House on H.R. 3005, Bipartisan Trade Promotion the Department of Energy: Joseph S. Mahaley, Di- Authority Act of 2001, equally divided and con- rector, Office of Security Affairs; and Kenneth E. trolled by the chairman and ranking minority mem- Baker, Principal Deputy Administrator, Defense Nu- ber of the Committee on Ways and Means. The rule clear Nonproliferation, National Nuclear Security waives all points of order against consideration of the Administration. bill. The rule provides that the amendment recommended by the Committee on Ways and Means NUCLEAR POWER PLANTS—SECURITY now printed in the bill, modified by the amendment ISSUES printed in the report of the Committee on Rules ac- Committee on Energy and Commerce: Subcommittee on companying the resolution, shall be considered as Oversight and Investigations held a hearing titled adopted. Finally, the rule provides one motion to re- ‘‘A Review of Security Issues at Nuclear Power commit with or without instructions. Testimony was Plants.’’ Testimony was heard from Richard A. heard from Chairman Thomas and Representatives Meserve, Chairman, NRC; and public witnesses. Rangel, Levin, Waters, and Wu. FEDERAL LAW ENFORCEMENT CONFERENCE REPORT—DISTRICT OF Committee on Government Reform: Subcommittee on COLUMBIA APPROPRIATIONS Criminal Justice, Drug Policy, and Human Re- Committee on Rules: Granted, by voice vote, a rule sources held a hearing on ‘‘Federal Law Enforcement: waiving all points of order against the conference re- Long Term Implications of Homeland Security port on H.R. 2944, making appropriations for the Need.’’ Testimony was heard from Adm. James M. government of the District of Columbia and other Loy, USCG, Commandant, U.S. Coast Guard, De- activities chargeable in whole or in part against the partment of Transportation; and the following offi- revenues of said District for the fiscal year ending cials of the Department of Justice: Robert Bonner, September 30, 2002, and against its consideration. December 5, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1209 The rule provides that the conference report shall be Committee on Commerce, Science, and Transportation: to considered as read. hold hearings to examine the corporate average fuel economy, 9:30 a.m., SR–253. CONSIDERATION OF SUSPENSIONS Full Committee, to hold hearings on the nomination Committee on Rules: Granted by voice vote, a resolu- of Jeffrey Shane, of the District of Columbia, to be Asso- tion providing that certain suspensions will be in ciate Deputy Secretary, and the nomination of Emil H. order at any time on the legislative day of Thursday, Frankel, of Connecticut, to be Assistant Secretary of Transportation Policy, both of the Department of Trans- December 6, 2001. portation, 2:30 p.m., SR–253. SCIENCE OF BIOTERRORISM Committee on Energy and Natural Resources: to hold hearings to examine negotiations for renewing the Compact Committee on Science: Held a hearing on Science of of Free Association, 9:30 a.m., SD–366. Bioterrorism: Is the Federal Government Prepared?’’ Committee on Foreign Relations: to hold hearings to exam- Testimony was heard from John H. Marburger III, ine the political future of Afghanistan, 10:30 a.m., Director, Office of Science and Technology; Linda SD–419. Fisher, Deputy Administrator, EPA; Anna Johnson- Committee on Governmental Affairs: to hold hearings to Winegar, Deputy Assistant to the Secretary, Chem- assess the vulnerability of United States seaports and ical and Biological Defense, Department of Defense; whether the Federal Government is adequately structured and Donald A. Henderson, M.D., Director, Office of to safeguard them, 9 a.m., SD–342. Public Health Preparedness, Department of Health Committee on the Judiciary: to resume oversight hearings and Human Services. to examine the Department of the Judiciary, focusing on how to preserve freedoms while defending against ter- Joint Meetings rorism, 10 a.m., SD–106. House APPROPRIATIONS—DISTRICT OF Committee on the Judiciary, hearing on H.R. 3288, Fair- COLUMBIA ness in Antitrust in National Sports (FANS) Act of 2001, Conferees on Tuesday, December 4, agreed to file a 1 p.m., 2141 Rayburn. conference report on the differences between the Sen- Subcommittee on Commercial and Administrative Law ate and House passed versions of H.R. 2944, making and the Subcommittee on Courts, the Internet, and Intel- appropriations for the government of the District of lectual Property, joint hearing on the Settlement Agree- Columbia and other activities chargeable in whole or ment by and among the United States of America, the in part against the revenues of said District for the FCC, NextWave Telecom, Inc., and certain affiliates, and Participating Auction 35 Winning Bidders, 10 a.m., fiscal year ending September 30, 2002. 2141 Rayburn. AUTHORIZATION—INTELLIGENCE Committee on Resources, Subcommittee on Fisheries Con- servation, Wildlife and Oceans, to mark up the following Conferees agreed to file a conference report on the dif- measures: H. Con. Res. 275, to amend the National ferences between the Senate and House passed Wildlife Refuge System Administration Act of 1966 to versions of H.R. 2883, to authorize appropriations authorize the Secretary of the Interior to provide for for fiscal year 2002 for intelligence and intelligence- maintenance and repair of buildings and properties lo- related activities of the United States Government, cated on lands in the National Wildlife Refuge System the Community Management Account, and the Cen- of lessees of such facilities; and H.R. 3389, to reauthorize tral Intelligence Agency Retirement and Disability the National Sea Grant College Program Act, 11 a.m., System. 1324 Longworth. Committee on Science, to mark up the following bills: f H.R. 3394, Cyber Security Research and Development COMMITTEE MEETINGS FOR THURSDAY, Act; and H.R. 3400, Networking and Information Tech- DECEMBER 6, 2001 nology Research Act, 11 a.m., 2318 Rayburn. Committee on Small Business, hearing on the SBA’s efforts (Committee meetings are open unless otherwise indicated) to provide assistance to those directly and indirectly impacted by the terrorist attacks of September 11, 2001, Senate upon the World Trade Center in New York City and the Committee on Banking, Housing, and Urban Affairs: to Pentagon in Arlington, Virginia, 2 p.m., 2360 Rayburn. hold hearings to examine the nomination of J. Joseph Subcommittee on Tax, Finance, and Exports, hearing Grandmaison, of New Hampshire, to be a Member of the on a number of economic stimulus proposals, and their Board of Directors of the Export-Import Bank of the possible impacts on the nation’s economy, 10 a.m., 2360 United States; and the nomination of Kenneth M. Rayburn. Donohue, Sr., of Virginia, to be Inspector General, De- Committee on Transportation and Infrastructure, Sub- partment of Housing and Urban Development, 10 a.m., committee on Coast Guard and Maritime Transportation, SD–538. hearing on Port Security, 10 a.m., 2167 Rayburn. D1210 CONGRESSIONAL RECORD — DAILY DIGEST December 6, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, December 6 9 a.m., Thursday, December 6

Senate Chamber House Chamber Program for Thursday: Senate will begin a period of Program for Thursday: Consideration of Suspensions morning business. At approximately 11 a.m., Senate ex- (subject to a rule): pects to go into executive session to consider certain judi- (1) H.R. 3129, Customs Border Security Act of 2001; cial nominations, with votes to occur thereon. and At 12 noon, Senate will agree to the motion to proceed (2) H.R. 3008, Trade Adjustment Assistance Program to consideration of S. 1731, Federal Farm Bill; following Reauthorization. which, Senate expects to begin consideration of H.R. Consideration of H.R. 3005, Bipartisan Trade Pro- 3338, Department of Defense appropriations. motion Authority Act (closed rule, one hour of debate); and Consideration of the conference report on H.R. 2944, District of Columbia Appropriations (rule waiving points of order).

Extensions of Remarks, as inserted in this issue

HOUSE Inslee, Jay, Wash., E2209 Portman, Rob, Ohio, E2215 Isakson, Johnny, Ga., E2210 Rangel, Charles B., N.Y., E2213 Baldacci, John Elias, Maine, E2210 Jones, Stephanie Tubbs, Ohio, E2212 Riley, Bob, Ala., E2211 Bentsen, Ken, Tex., E2213 Kerns, Brian D., Ind., E2207 Rivers, Lynn N., Mich., E2213 Bereuter, Doug, Nebr., E2207 Kildee, Dale E., Mich., E2214 Rodriguez, Ciro D., Tex., E2215 Bonior, David E., Mich., E2210, E2211, E2213, E2214 Levin, Sander M., Mich., E2211 Schaffer, Bob, Colo., E2217 Capuano, Michael E., Mass., E2216 McKinney, Cynthia A., Ga., E2211 Simpson, Michael K., Idaho, E2216 Davis, Tom, Va., E2209 Mink, Patsy T., Hawaii, E2215 Solis, Hilda L., Calif., E2214 Gordon, Bart, Tenn., E2212 Moore, Dennis, Kansas, E2212 Stearns, Cliff, Fla., E2209 Graham, Lindsey O., S.C., E2207 Myrick, Sue Wilkins, N.C., E2213 Stupak, Bart, Mich., E2216 Holt, Rush D., N.J., E2212 Ose, Doug, Calif., E2213 Weller, Jerry, Ill., E2210

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