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, THURSDAY, SEPTEMBER 6, 2001 No. 115 House of Representatives The House met at 10 a.m. and was Also, we entreat You to please give Mr. FLETCHER. Mr. Speaker, I rise called to order by the Speaker pro tem- us Your dealing grace: wisdom for our today to thank a dear friend and class- pore (Mr. SHIMKUS). work, discernment for our decisions, mate, Reverend Roy Mays, for his f resources for our responsibilities, and beautifully insightful prayer opening joy for our journey. today’s session of the United States DESIGNATION OF THE SPEAKER In all these requests, Heavenly Fa- House of Representatives. PRO TEMPORE ther, we pray that Your will be done, The SPEAKER pro tempore laid be- Within the hallowed walls of this and we accept that Your grace is suffi- Chamber, my colleagues and I gather fore the House the following commu- cient. For thine is the kingdom and the nication from the Speaker: to attend to the business of this great power and the glory, forever and ever. Nation. Since the beginning of our de- WASHINGTON, DC, Amen. September 6, 2001. mocracy, we have begun each day’s f I hereby appoint the Honorable JOHN work petitioning our creator that we SHIMKUS to act as Speaker pro tempore on THE JOURNAL might know truth and have the wisdom this day. and understanding to rightfully fulfill The SPEAKER pro tempore. The J. DENNIS HASTERT, our duties. As Reverend Mays so elo- Chair has examined the Journal of the Speaker of the House of Representatives. quently stated in his prayer, our cre- last day’s proceedings and announces f ator grants us grace and strength suffi- to the House his approval thereof. cient for our duties. PRAYER Pursuant to clause 1, rule I, the Jour- The Reverend Roy Mays, III, South- nal stands approved. Reverend Mays continues to be a bea- land Christian Church, Lexington, Ken- f con for everyone who has crossed paths tucky, offered the following prayer: with him or who has made his ac- Dear Gracious Father, for years we PLEDGE OF ALLEGIANCE quaintance, including people in over 40 have sung ‘‘America, America, God The SPEAKER pro tempore. Will the States where Roy ministered as an shed his grace on thee,’’ and in this gentleman from Kentucky (Mr. evangelist, also among the students, prayer we affirm You have done it and FLETCHER) come forward and lead the faculty and administration whose lives we ask You to do it again. House in the Pledge of Allegiance. he has touched during 12 years of serv- As the Giver of grace, we need Your Mr. FLETCHER led the Pledge of Al- ice at Cincinnati Bible College and presence and assistance; Your good legiance as follows: Seminary. For the past 16 years, Rev- favor and great power. For whatever I pledge allegiance to the Flag of the erend Mays has blessed thousands situation we face today, show us that United States of America, and to the Repub- through the congregation at Your strength is sufficient. lic for which it stands, one nation under God, Lexington’s Southland Christian On the day following my diagnosis indivisible, with liberty and justice for all. Church as the senior executive asso- with myeloma cancer, You gave me an f ciate minister. insight for experiencing grace in the metaphor of a railroad track, one rail ANNOUNCEMENT BY THE SPEAKER Additionally, it is said that the char- represented healing and one rail sym- PRO TEMPORE acter of a person is reflected in the bolized dealing. I was invited to em- The SPEAKER pro tempore. The gen- countenance of one’s spouse and chil- dren so it is with Roy and his lovely brace Your grace and endure my race, tleman from Kentucky (Mr. FLETCHER) keeping both rails parallel or I would will be recognized for 1 minute. There wife of 28 years, Beth, and his two chil- wreck. Your part was to establish Your will be only one 1-minute until after dren, Amanda and Ryan, who reflect purpose and supply Your power. My the joint meeting of the House and the grace and peace engendered by mu- part was to pray and persevere. Senate. tual unconditional love. For all of the Members of this House f Even after being diagnosed with mul- and those they represent, we implore tiple myeloma cancer in 1999, Reverend You to please touch us with Your heal- WELCOMING THE REVEREND ROY Mays continues to touch the lives of ing grace, forgive us when we have for- H. MAYS III those around him, refusing to allow his gotten You, lift us up when we have let (Mr. FLETCHER asked and was given testimony to fade and his countenance You down, deliver help to those who permission to address the House for 1 to dim, even when struggling to over- are hurting, and provide peace for minute and to revise and extend his re- come persistently failing health. He those who are in pain. marks.) stands humbly but firm with God, and

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

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VerDate 31-AUG-2001 00:40 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.000 pfrm01 PsN: H06PT1 H5410 CONGRESSIONAL RECORD — HOUSE September 6, 2001 with God’s help of peace and persever- The gentleman from Texas (Mr. The Senator from South Dakota (Mr. ance during the most trying times of ARMEY); DASCHLE); life. Through this example, countless The gentleman from Oklahoma (Mr. The Senator from Nevada (Mr. REID); others have received hope. WATTS); The Senator from Massachusetts (Mr. In this House, we pray alongside Rev- The gentleman from California (Mr. KERRY); erend Roy Mays that we might be COX); The Senator from West Virginia (Mr. touched with both our Father’s healing The gentleman from Illinois (Mr. ROCKEFELLER); grace and dealing grace. We are in- HYDE); The Senator from Washington (Mrs. spired by Reverend Mays’ unflagging The gentleman from North Carolina MURRAY); faith and his steadfast confidence in (Mr. BALLENGER); The Senator from Illinois (Mr. DUR- God’s plan for all. The gentleman from Arizona (Mr. BIN); Mr. Speaker, it is with deep apprecia- KOLBE); The Senator from California (Mrs. tion that I recognize Roy Mays, not The gentleman from California (Mr. BOXER); only for his service to us here today, DREIER); The Senator from Massachusetts (Mr. but also to countless others across our The gentlewoman from New Mexico KENNEDY); Nation. (Mrs. WILSON); The Senator from South Carolina f The gentleman from Texas (Mr. (Mr. HOLLINGS); BONILLA); The Senator from Delaware (Mr. ANNOUNCEMENT BY THE SPEAKER The gentleman from Texas (Mr. BAR- BIDEN); PRO TEMPORE TON); The Senator from Vermont (Mr. The SPEAKER pro tempore. The The gentleman from Utah (Mr. CAN- LEAHY); Chair desires to make an announce- NON); The Senator from Mississippi (Mr. ment. The gentleman from Missouri (Mr. LOTT); After consultation with the majority GEPHARDT); The Senator from Oklahoma (Mr. and minority leaders, and with their The gentleman from Michigan (Mr. NICKLES); consent and approval, the Chair an- BONIOR); The Senator from Texas (Mrs. nounces that during the joint meeting The gentleman from Texas (Mr. HUTCHISON); to hear an address by His Excellency FROST); The Senator from Idaho (Mr. CRAIG); Vicente Fox, only the doors imme- The gentleman from New Jersey (Mr. The Senator from Tennessee (Mr. diately opposite the Speaker and those MENENDEZ); FRIST); on his right and left will be open. The gentlewoman from Connecticut The Senator from New Mexico (Mr. No one will be allowed on the floor of (Ms. DELAURO); DOMENICI); the House who does not have the privi- The gentleman from Arizona (Mr. The Senator from North Carolina lege of the floor of the House. PASTOR); (Mr. HELMS); Due to the large attendance which is The gentleman from California (Mr. The Senator from Indiana (Mr. anticipated, the Chair feels that the LANTOS); LUGAR); rule regarding the privilege of the floor The gentlewoman from New York The Senator from Texas (Mr. must be strictly adhered to. (Mrs. LOWEY); GRAMM); and Children of Members will not be per- The gentleman from Texas (Mr. The Senator from Kansas (Mr. mitted on the floor, and the coopera- REYES); BROWNBACK). tion of all Members is requested. The gentlewoman from California The Assistant to the Sergeant at (Ms. ROYBAL-ALLARD); f Arms announced the Acting Dean of The gentleman from Texas (Mr. the Diplomatic Corps, the Honorable RECESS RODRIGUEZ); Jesse Bibiano Marehalau, Ambassador The SPEAKER pro tempore. Pursu- The gentlewoman from California of Micronesia. ant to clause 12 of rule I, the Chair de- (Mrs. NAPOLITANO); The Acting Dean of the Diplomatic clares the House in recess subject to The gentleman from California (Mr. Corps entered the Hall of the House of the call of the Chair. BACA); Representatives and took the seat re- Accordingly (at 10 o’clock and 7 min- The gentleman from Texas (Mr. served for him. ORTIZ); utes a.m.), the House stood in recess b 1100 subject to the call of the Chair. The gentleman from New York (Mr. During the recess, beginning at about SERRANO); The Assistant to the Sergeant at 10:48 a.m. the following proceedings The gentleman from California (Mr. Arms announced the Cabinet of the were had: BECERRA); President of the United States. The gentleman from Illinois (Mr. The members of the Cabinet of the f GUTIERREZ); President of the United States entered b 1048 The gentleman from Guam (Mr. the Hall of the House of Representa- UNDERWOOD); tives and took the seats reserved for JOINT MEETING OF THE HOUSE The gentlewoman from New York AND SENATE TO HEAR AN AD- them in front of the Speaker’s rostrum. (Ms. VELA´ ZQUEZ); DRESS BY HIS EXCELLENCY The gentleman from Texas (Mr. b 1115 VICENTE FOX, PRESIDENT OF HINOJOSA); At 11 o’clock and 15 minutes a.m., THE UNITED MEXICAN STATES The gentlewoman from California the Assistant to the Sergeant at Arms The Speaker of the House presided. (Ms. SANCHEZ); announced the President of the United The Assistant to the Sergeant at The gentleman from Texas (Mr. GON- Mexican States, His Excellency Arms, Bill Sims, announced the Vice ZALEZ); Vicente Fox. President and Members of the U.S. The gentleman from Puerto Rico The President of the United Mexican Senate who entered the Hall of the (Mr. ACEVEDO-VILA´ ); and States, escorted by the committee of House of Representatives, the Vice The gentlewoman from California Senators and Representatives, entered President taking the chair at the right (Ms. SOLIS). the Hall of the House of Representa- of the Speaker, and the Members of the The VICE PRESIDENT. The Presi- tives, and stood at the Clerk’s desk. Senate the seats reserved for them. dent of the Senate, at the direction of [Applause, the Members rising.] The SPEAKER. The Chair appoints that body, appoints the following Sen- The SPEAKER. Members of the Con- as members of the committee on the ators as a committee on the part of the gress, it is my great privilege and I part of the House to escort His Excel- Senate to escort His Excellency deem it a high honor and a personal lency Vicente Fox, the President of the Vicente Fox, the President of the pleasure to present to you the Presi- United Mexican States, into the Cham- United Mexican States, into the House dent of the United Mexican States, His ber: Chamber: Excellency Vicente Fox.

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.003 pfrm04 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5411 [Applause, the Members rising.] wider and deeper forms of cooperation undertake to build a new partnership f and understanding. In this task, trust in North America. will be essential to achieve our goals. Take, for example, our common ADDRESS BY HIS EXCELLENCY We must, therefore, leave behind the struggle against the scourge of drugs. VICENTE FOX, PRESIDENT OF suspicion and indifference that have so It should be clear by now that no gov- THE UNITED MEXICAN STATES often in the past been the source of ernment, however powerful, will be (Portions of the following address misunderstandings between our two able to defeat on its own the forces of were delivered in Spanish, with a si- peoples, for it is only by engaging more transnational organized crime that lie multaneous translation in English.) fully as neighbors and partners that we behind drug trafficking. Intense co- President FOX. Thank you. The ap- can make a difference to our societies, operation is required to confront this plause in this room welcoming me has and we now have before us a historic threat, and trust is certainly a pre- been heard by 100 million Mexicans opportunity to achieve this end which requisite of cooperation. which, in the name of them, I thank all has proved so elusive in the past. This is why since I took office last of you for being so kind with us in We intend to be forthright in our year, Mexico has enhanced its coopera- Mexico. friendship and unwavering in our com- tion with U.S. authorities. We have ar- Honorable Members of the Congress mitment. For as Corinthians states so rested key drug kingpins and extra- of the United States of America, it is a simply and truly, it is required that dited drug traffickers wanted by the distinct honor for me to meet you here those who have been given a trust must United States Justice Department. in the oldest legislative assembly on prove faithful. The relationship be- However, much more needs to be the American continent, a Congress tween Mexico and the United States done. Trust will be crucial to enhance whose deliberations have such a strong has changed in one fundamental way. intelligence and information sharing influence not only on the history of True democracy in Mexico, for decades between both governments. We are this country, but of the entire world. an unfulfilled dream, is now a reality. committed to becoming a full partner This is an historic moment between As a result of last year’s vote, Mexico with the United States in the fight our two nations in which the govern- now has a legitimate and truly demo- against drugs. But trust requires that ments of Mexico and the United States cratic leadership. This has meant a one partner not be judged unilaterally have decided to begin a new era of change in government, but it is also a by the other. friendship and cooperation to benefit reflection of a profound change in the Members of this honorable Congress, give trust a chance. Give both govern- both our peoples. values and aspirations of Mexican soci- ments a chance. The bill to suspend Mexico and the United States wish to ety. I am, therefore, determined to drug certification for 3 years, S. 219, bring together our principles and inter- make democracy and tolerance the will allow us to move forward. In the ests, as well as our traditions and principles that guide all government fight against drugs, cooperation is not hopes. The meeting of our two coun- actions, and to ensure that public in- tries at the dawning of this new cen- a nicety; it is a necessity. stitutions in Mexico become the guar- We ask that you demonstrate your tury may represent the beginning of antors of the rights and highest aspira- trust in us by passing this legislation the most promising chapters in our tions of citizens. as a gesture of your faith and con- common history. I have also pledged to address the fidence in this new country that we are My presence in this Chamber bears most pressing problems now con- working so hard to build. witness to that will to bring our coun- fronting Mexico, some of which are We must also trust each other if we tries closer together. It is our very perhaps unintended, but nonetheless are to deal successfully with the issue firm wish as Mexicans and Americans tangible legacies from our authori- of migration. In recent months, Presi- to establish a new relationship, a more tarian past. Among them, the poverty dent George Bush and I have already mature, full and equitable relationship and inequality that for so many dec- shown our willingness to trust each based on mutual trust. ades have condemned millions of Mexi- other by agreeing to discuss this most Honorable Members of the United cans to a life of disadvantage and inse- complex matter. States Congress, I stand before you curity; the crippling disease of corrup- As the history of this country shows, today with a simple message. Trust tion, which has had such an insidious migration has always rendered more needs to be the key element of our new effect on the life of our country; and economic benefits to the United States relationship. I am aware that for many the fragility and weakness of our judi- than the costs it entails. Let us also Americans and for many Mexicans the cial system, which itself must be re- not forget that migrants invariably en- idea of trusting their neighbor may formed in order to bring an end to im- rich the cultural life of the land that seem risky and perhaps even unwise. I punity and to consolidate the rule of receives them. Many among you have a am sure that many on both sides of the law throughout the country. parent or a grandparent who came into border would rather stick to the old I am convinced that it is time to this country as an immigrant from an- saying that good fences make good bring Mexico up to date on all fronts, other land. neighbors. both within and beyond our borders. It Therefore, allow me to take this op- This perception has deep roots in his- is also time to bring Mexico up to date portunity to pay homage to those tory. In Mexico, they derive from a in its relations with the United States. brave men and women who in the past long-held sense of suspicion and appre- Both of our nations now fully share, took on the challenge of building a new hension about its powerful neighbor. without qualification, the fundamental life for themselves and for their fami- And in the United States, they stem values of freedom and democracy. lies in this country. from previous experiences with a polit- Thanks to those democratic changes And let me also salute the Mexican ical regime governing Mexico which for inaugurated in Mexico last year on migrants living in this country and say the most part was regarded as undemo- July 2, the time has come for Mexico to them, Mexico needs you. We need cratic and untrustworthy. and the United States to trust each your talent and your entrepreneurship. Our countries, thus, cautiously other. We need you to come home one day and distanced themselves from one other to Simple trust, that is what has been play a part in building a strong Mexico. pursue this frame of mind; but cir- sorely absent in our relationship in the When you return, when you retire, we cumstances have changed. We are now past, and that is what is required for us need you to come back and help us con- bound closely together, whether in to propel and strengthen our relation- vince other Mexicans that the future trade or tourism, economic or family ship in the days, weeks, and years to lies in a prosperous and democratic ties. Our links are countless and ever come. Let us foster trust between our Mexico. My dear countrymen, Mexico growing. No two nations are more im- societies. Let us build trust along our will not forget you and will support portant to the immediate prosperity common borders. Let us take the road you. We will not fail you. and well-being of one another than less-traveled-by and build confidence There is one crucial fact that we Mexico and the United States. every step of the way. Only trust will must not lose sight of. Migration flows That is why our two great nations allow us to constructively tackle the that respond to deep underlying eco- must go forward together to establish challenges our two nations face as we nomic incentives are all but impossible

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.007 pfrm04 PsN: H06PT1 H5412 CONGRESSIONAL RECORD — HOUSE September 6, 2001 to stop and must instead be regulated. candor, their respective perceptions items of our common agenda, we need Mexico is therefore seeking an agree- about how best to tackle issues of com- your trust. Trust will allow both coun- ment that will lend greater security mon concern for the well-being of our tries to comply responsibly and ma- and orderliness to the migration flows peoples. Trust will allow us to do this. turely with their obligations to one an- between our two countries. Members of the Congress of the other. That is why trust in dealing with mi- United States of America, we have be- The overarching question is not, gration entails reaching common fore us today the opportunity to dra- then, whether we can afford to trust ground to address the status of Mexi- matically change the future of our re- each other, but whether we can afford can migrants already working and liv- lationship. This meeting between Mex- not to. The growing convergence of our ing in the United States, already con- ico and the United States is today the nations can lead to shared responsi- tributing to enrich this Nation. Let me meeting between two democracies will- bility and prosperity and to the be clear about this: regularization does ing to build a better future. strengthening of those values that we not mean rewarding those who break The relationship between Mexico and have in common. the law. Regularization means that we the United States is now in our hands. Let us begin anew, as those who will provide them with the legal means It is up to us to open wide the windows founded our modern nations once did, to allow them to continue contributing of opportunity before us. We are the ar- remembering on both sides that there to this great Nation. chitects of our common destiny. can be no friendship without trust and The agreement that we seek would This means that we must re-create no trust without true commitment. establish a higher ceiling for perma- the relationship between our two great When history comes knocking on our nent visas awarded to Mexicans coming nations in a conscious and deliberate doors, as it has done now, bold deci- to this country, and it would also ex- manner, moving forward firmly with- sions are required. Let us make one pand opportunities for Mexican work- out leaving anything to chance. We today. Let us decide to trust one an- ers to obtain temporary work visas so must fully share this commitment in other. they can enter the United States safely order to later enjoy together the fruits John F. Kennedy believed in new be- and legally. Additionally, the agree- of our common labors. ginnings. In accepting his party’s nom- ment would require us to enhance our Obviously, we all know full well that ination as President he spoke of a New cooperative efforts to improve border there are no easy answers nor magical Frontier, ‘‘We stand today on the edge safety, save lives and crack down on solutions to the challenges faced by of a New Frontier...the New Fron- criminal smuggling gangs, or polleros. Mexico and the United States, but tier of which I speak is not a set of And, finally, it would demand that we there is a path along which we can promises—it is a set of challenges.’’ promote economic growth in Mexico, make progress with firm steps towards That was in 1960. and we know this is our responsibility, their solution, the path of mutual Today, at the dawn of a new century, to promote specific opportunities for trust, trust that our governments will our two great nations face new chal- all those kids and young persons spe- always behave with integrity in their lenges. But we do so with new opportu- cifically in those regions that are the daily work, trust that the strength of nities, unimaginable even a few years source of most migrants. our relationship as partners and friends ago. Progress regarding migration will is strong, trust in our future of shared Our new frontier will be conquered not be easy. Yet it is essential that we prosperity. not by confrontation, but through co- maintain our commitment to an open operation; not by threats, but by com- b 1145 and frank discussion, so that we may mon aspirations; not by fear, but by find a lasting solution that is accept- Honorable Members of the U.S. Con- trust. able to both our countries. gress, the political change currently My friends, let us pledge today to Such a discussion can only take place under way in Mexico is the most pow- create a new special partnership be- in a climate of trust. We have a funda- erful reason why we are now able to es- tween the United States and Mexico for mental decision to make. It is a deci- tablish new forms of friendship and co- the benefit of our two great peoples. sion that provides us with an oppor- operation with the United States. We Senoras y senores: tunity to achieve the highest aspira- are ready to turn this change into the Viva Mexico! tion of any politician, leaving a lasting seed of a better future for both of our Viva Estados Unidos! legacy of well-being to their people. countries. Viva nuestro futuro en comun! Mexico and the United States must I hope that the United States will [Applause, the Members rising.] At 11 o’clock and 51 minutes a.m., also work constructively to promote embrace this historic opportunity to the President of the United Mexican our common values within our region. build a new era of prosperity and un- States, accompanied by the committee By adopting a clear and consistent derstanding between our peoples. It re- of escort, retired from the Hall of the stance, our governments may jointly quires will, as well as vision, to take House of Representatives. address some of the most relevant and advantage of this favorable turn in his- The Assistant to the Sergeant at pressing issues of our hemisphere, such tory and forge a new friendship be- Arms escorted the invited guests from as the deepening of democracy and the tween Mexicans and Americans. This legislative body, along with its the Chamber in the following order: promotion of human rights. This The members of the President’s Cabi- peers in Mexico, can play a decisive should be our most noble cause in the net; role in bringing our two countries to- Americas and in the rest of the world. The Acting Dean of the Diplomatic gether. You are a key partner in fos- On issues of common concern, such Corps. as the situation in Colombia, the pro- tering trust between our two peoples. motion of economic development Years ago, the United States Con- f across Central America, the establish- gress faced a difficult decision and JOINT MEETING DISSOLVED ment of the Free Trade Area of the chose to vote in favor of a greater inte- The SPEAKER. The purpose of the Americas, the negotiation of a demo- gration with Mexico through the North joint meeting having been completed, cratic charter for the OAS, or the American Free Trade Agreement. the Chair declares the joint meeting of shared goal of fostering financial sta- The partnership between Mexico and the two Houses now dissolved. bility and disarming financial crises the United States is still incomplete. Accordingly, at 11 o’clock and 52 throughout our region, it is vital that There remain many unresolved issues minutes a.m., the joint meeting of the Mexico and the United States work to- that must be dealt with in order to two Houses was dissolved. gether, each one as a partner that we achieve our common goals as partners. The Members of the Senate retired to are, in building peace and stability One of these goals is an issue which their Chamber. throughout the Americas on the basis this great body will soon consider and f of our own principles and interests. which entails an important obligation Evidently, we will not always see eye under NAFTA; it is the issue of access ANNOUNCEMENT BY THE SPEAKER to eye. But both countries should con- to the United States for Mexican The SPEAKER. The House will con- vey to each other, in all sincerity and trucks. For this, as in many other tinue in recess until 12:15 p.m.

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.009 pfrm04 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5413 b 1215 need for immigration reform. He recog- border in the world. Let us show the AFTER RECESS nizes the immense contributions all world how neighbors can improve lives immigrants make to the U.S. economy through mutual trust and mutual re- The recess having expired, the House and to foreign economies such as his spect. was called to order by the Speaker pro own, and a majority of U.S. citizens Today more than ever it is time for tempore (Mrs. BIGGERT) at 12 o’clock recognize the important contributions America and Mexico to prove that and 15 minutes p.m. that immigrants have made to this adage that we ought to love our neigh- f country. A recent bipartisan poll found bors as ourselves. PRINTING OF PROCEEDINGS HAD that 62 percent of voters support legal- f DURING RECESS ization for immigrants who pay taxes, break no laws, and play by the rules. VIET NAM HUMAN RIGHTS ACT Mr. PENCE. Madam Speaker, I ask I ask for this Congress to begin dis- Mr. SMITH of New Jersey. Madam unanimous consent that proceedings cussions, as President Fox stated yes- Speaker, pursuant to a previous order had during the recess be printed in the terday at the White House, to begin of the House, I call up the bill (H.R. RECORD. discussions on immigration reform. 2833) to promote freedom and democ- The SPEAKER pro tempore. Is there f racy in Viet Nam, and ask for its im- objection to the request of the gen- mediate consideration in the House. CONGRATULATIONS TO UNITED tleman from Indiana? The Clerk read the title of the bill. STATES LITTLE LEAGUE CHAM- There was no objection. The text of H.R. 2833 is as follows: PIONS FROM APOPKA, FLORIDA f H.R. 2833 (Mr. KELLER asked and was given STATEMENT FROM FAMILY OF Be it enacted by the Senate and House of Rep- permission to address the House for 1 CHAPLAIN JAMES DAVID FORD resentatives of the United States of America in minute and to revise and extend his re- Congress assembled, (Mr. SHIMKUS asked and was given marks.) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. permission to address the House for 1 Mr. KELLER. Madam Speaker, I rise (a) SHORT TITLE.—This Act may be cited as minute and to revise and extend his re- today to congratulate the United the ‘‘Viet Nam Human Rights Act’’. marks.) States Little League champions from (b) TABLE OF CONTENTS.—The table of con- Mr. SHIMKUS. Madam Speaker, I Apopka, Florida. While I may represent tents for this Act is as follows: have been asked to read a statement by the people of Apopka in the U.S. Con- Sec. 1. Short title; table of contents. the entire Ford family on the death of gress, the Apopka Little Leaguers rep- TITLE I—GENERAL PROVISIONS Chaplain Ford. resented our entire country with class Sec. 101. Findings. ‘‘The Ford family thanks everyone and dignity. Sec. 102. Purpose. for their sympathy and concern about Led by Coaches Brewer and Tapley, TITLE II—PROMOTION OF FREEDOM AND the death of Chaplain James David these 11 young men put the little town DEMOCRACY IN VIET NAM Ford. of Apopka, Florida, front and center on Subtitle A—Prohibition on Nonhumani- ‘‘We wish to clarify that Chaplain the world stage. They entered the 16- tarian Assistance to the Government of Ford was very ill for an extended pe- team world series tournament as un- Viet Nam riod of time. Many people did not real- derdogs, but they fought their way to Sec. 201. Bilateral nonhumanitarian assist- ize this. This physical illness gave him the top of the heap to become national ance. no hope of regaining his zest for life. champions. Their persistence and hard Sec. 202. Multilateral nonhumanitarian as- ‘‘The family is at peace with his deci- work will surely inspire thousands of sistance. sion. We have supported him his entire future Little Leaguers. Subtitle B—Assistance to Support life in everything he did and thought On behalf of myself, Senator NELSON, Democracy in Viet Nam and we support him still. Most impor- and the entire U.S. Congress, we say to Sec. 211. Assistance. tantly, he is at peace now with his Cre- the Apopka Little Leaguers, congratu- Subtitle C—United States Public Diplomacy ator. Of this we are certain.’’ lations on a job well done, and we Sec. 221. Radio Free Asia transmissions to This is signed by Marcy Ford and the thank them for inspiring us all. Viet Nam. entire Ford family. f Sec. 222. United States educational and cul- f tural exchange programs with U.S.-MEXICO RELATIONS Viet Nam. PRESIDENT FOX’S VISIT AND (Mr. PENCE asked and was given per- Subtitle D—United States Refugee Policy IMMIGRATION REFORM mission to address the House for 1 Sec. 232. Refugee resettlement for nationals (Ms. SOLIS asked and was given per- minute and to revise and extend his re- of Viet Nam. mission to address the House for 1 marks.) Subtitle E—Annual Report on Progress To- minute and to revise and extend her re- Mr. PENCE. Madam Speaker, I join ward Freedom and Democracy in Viet Nam marks.) President Bush and my colleagues in Sec. 241. Annual report. Ms. SOLIS. Madam Speaker, today I welcoming His Excellency Vicente Fox TITLE I—GENERAL PROVISIONS rise to reemphasize the need for immi- to the U.S. Capitol today. SEC. 101. FINDINGS. gration reform in the United States. In Listening to President Fox’s words Congress finds the following: recent days, we have heard lengthy dis- this morning confirms the special rela- (1) Viet Nam is a one-party state, ruled and cussions from opponents and pro- tionship that we enjoy between Mexico controlled by the Vietnamese Communist ponents on this issue. I want to make and the United States. Party. sure that the people, the hardworking We all know, as my colleague and (2) The Government of Viet Nam denies the immigrants and the many families that friend just mentioned, that immigra- people of Viet Nam the right to change their I represent, are not lost in that debate. tion policy is crucial and should be the government and prohibits independent polit- Millions of immigrants have lived focus of discussions between the United ical, social, and labor organizations. (3)(A) The Government of Viet Nam con- here for an extended period of time. States and Mexico. We should be an sistently pursues a policy of harassment, dis- They go to work every single day. They America that welcomes again, and I crimination, and intimidation, and some- pay taxes just like you and me. They say that from the heart as the grand- times of imprisonment and other forms of own homes and many own businesses, son of an Irish immigrant to this coun- detention, against those who peacefully ex- and many have played by the rules. try. press dissent from government or party pol- They also have children who are U.S. But we must also look, Madam icy. citizens. These people deserve respect. Speaker, beyond immigration. We have (B) Recent victims of such mistreatment, They deserve to be acknowledged for a historic opportunity to expand our which violates the rights to freedom of ex- pression and association recognized in the the many contributions that they have relationship rooted in free trade, to Universal Declaration of Human Rights, in- made to this great country. which President Fox also alluded. clude Dr. Nguyen Dan Que, Dr. Nguyen Mexican President Vicente Fox has President Fox accurately acknowl- Thanh Giang, General Tran Do, Most Vener- done a superb job of highlighting the edged that we share the most dynamic able Thich Huyen Quang, Most Venerable

VerDate 31-AUG-2001 00:40 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.012 pfrm01 PsN: H06PT1 H5414 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Thich Quang Do, Father Nguyen Van Ly, nu- by the Government but are subjected to per- Hinayana Buddhist religion is not among merous leaders of the Hoa Hao Buddhist vasive regulation which violates the right to those recognized by the Government. Church and of independent Protestant freedom of religion. For instance, the Catho- (8) The Government of Viet Nam also en- churches, and an undetermined number of lic Church is forbidden to appoint its own gages in or condones serious violations of the members of the Montagnard ethnic minority bishops without Government consent, which rights of workers. In August 1997, the United groups who participated in peaceful dem- is frequently denied, to accept seminarians Nations Children’s Fund (UNICEF) reported onstrations in the Central Highlands of Viet without specific official permission, and to that child labor exploitation is on the rise in Nam during February 2001. profess Catholic doctrines which are incon- Viet Nam with tens of thousands of children (4) The Government of Viet Nam system- sistent with Government policy. A Catholic under 15 years of age being subjected to such atically deprives its citizens of the funda- priest, Father Nguyen Van Ly, was arrested exploitation. The government’s official labor mental right to freedom of religion. Al- in March 2001 and remains in detention after export program also has subjected workers, though some freedom of worship is per- submitting written testimony to the United many of whom are women, to involuntary mitted, believers are forbidden to participate States Commission on International Reli- servitude, debt bondage, and other forms of in religious activities except under cir- gious Freedom. abuse, and the reaction of government offi- cumstances rigidly defined and controlled by (F) The Government has also confiscated cials to worker complaints of such abuse has the government: numerous churches, temples, and other prop- been to threaten the workers with punish- (A) In 1999 the Government issued a Decree erties belonging to religious organizations. ment if they do not desist in their com- Concerning Religious Activities, which de- The vast majority of these properties—even plaints. clared in pertinent part that ‘‘[a]ll activities those belonging to religious organizations (9)(A) United States refugee resettlement using religious belief in order to oppose the formally recognized by the Government— programs for Vietnamese nationals, includ- State of the Socialist Republic of Viet Nam, have never been returned. ing the Orderly Departure Program (ODP), to prevent the believers from carrying out (5) Since 1975 the Government of Viet Nam the Resettlement Opportunities for Return- civic responsibilities, to sabotage the union has persecuted veterans of the Army of the ing Vietnamese (ROVR) program, and reset- of all the people, to against the healthy cul- Republic of Viet Nam and other Vietnamese tlement of boat people from refugee camps ture of our nation, as well as superstitious who had opposed the Viet Cong insurgency throughout Southeast Asia, were authorized activities, will be punished in conformity and the North Vietnamese invasion of South by law in order to rescue Vietnamese nation- with the law’’. Viet Nam. Such persecution typically in- als who have suffered persecution on account (B) The Unified Buddhist Church of Viet cluded substantial terms in ‘‘re-education of their wartime associations with the Nam (UCBV), the largest religious denomi- camps’’, where detainees were often sub- United States, as well as those who cur- nation in the country, has been declared ille- jected to torture and other forms of physical rently have a well-founded fear of persecu- gal by the Government, and over the last abuse, and in which many died. Re-education tion on account of race, religion, nation- twenty-five years its clergy have often been camp survivors and their families were often ality, political opinion, or membership in a imprisoned and subjected to other forms of forced into internal exile in ‘‘New Economic particular social group. persecution. The Patriarch of the Unified Zones’’. Many of these former allies of the (B) In general, these programs have served Buddhist Church, 83-year-old Most Venerable United States, as well as members of their their purpose well. However, many refugees Thich Huyen Quang, has been detained for 21 families, continue until the present day to who were eligible for these programs were years in a ruined temple in an isolated area suffer various forms of harassment and dis- unfairly denied or excluded, in some cases by of central Viet Nam. Most Venerable Thich crimination, including denial of basic social vindictive or corrupt Communist officials Quang Do, the Executive President of the benefits and exclusion from higher education who controlled access to the programs, and Unified Buddhist Church, has also been in and employment. in others by United States personnel who im- various forms of detention for many years, (6)(A) The Government of Viet Nam has posed unduly restrictive interpretations of and was recently rearrested and placed under been particularly harsh in its treatment of program criteria. These unfairly excluded house arrest after he had proposed to bring members of the Montagnard ethnic minority refugees include some of those with the most Most Venerable Thich Huyen Quang to Sai- groups of the Central Highlands of Viet Nam, compelling cases, including many gon for medical treatment. who were the first line in the defense of (C) The Hoa Hao Buddhist Church was also South Viet Nam against invasion from the Montagnard combat veterans and their fami- declared to be illegal until 1999, when the North and who fought courageously beside lies. Government established an organization members of the Special Forces of the United (10) The Government of Viet Nam system- which purports to govern the Hoa Hao. Ac- States Army, suffering disproportionately atically jams broadcasts by Radio Free Asia, cording to the United States Commission on heavy casualties, and saving the lives of an independent broadcast service funded by International Religious Freedom, ‘‘[t]his or- many of their American and Vietnamese the United States in order to provide news ganization is made up almost entirely of comrades-in-arms. and entertainment to the people of countries Communist Party members and apparently (B) Since 1975 the Montagnard peoples have in Asia whose governments deny the right to is not recognized as legitimate by the vast been singled out for severe repression, in freedom of expression and of the press. majority of Hoa Haos . . . [n]evertheless, part because of their past association with (11) In 1995 the Governments of the United [this government-sponsored organization] the United States and in part because their States and Viet Nam announced the ‘‘nor- has sought to control all Hoa Hao religious strong commitment to their traditional way malization’’ of diplomatic relations. In 1998 activity, particularly at the Hoa Hao village, of life and to their Christian religion is re- then-President Clinton waived the applica- which is the center of Hoa Hao religious garded as inconsistent with the absolute loy- tion of section 402 of the Trade Act of 1974 life’’. Hoa Hao believers who do not recognize alty and control demanded by the Com- (commonly known as the ‘‘Jackson-Vanik the legitimacy of the government organiza- munist system. Amendment’’), which restricts economic as- tion are denied the right to visit the Hoa (C) In February 2001 several thousand sistance to countries with non-market Hao village, to conduct traditional religious Montagnards participated in a series of economies whose governments also restrict celebrations, or to display Hoa Hao symbols. peaceful demonstrations throughout the freedom of emigration. In 1999 the Govern- Many have been arrested and subjected to Central Highlands, demanding religious free- ments of the United States and Viet Nam an- administrative detention, and several Hoa dom and restoration of their confiscated nounced ‘‘agreement in principle’’ on a bilat- Hao have been sentenced to prison terms for lands, and the Government responded by eral trade agreement. This agreement was protesting these denials of religious freedom. closing off the Central Highlands and send- signed in 2000 and has been presented to Con- (D) Independent Protestants, most of ing in military forces, tanks, and helicopter gress for approval or disapproval. whom are members of ethnic minority gunships. (12) The Congress and the American people groups, are subjected to particularly harsh (D) Credible reports by refugees who have are united in their determination that the treatment by the Government of Viet Nam. escaped to Cambodia indicate that the Gov- extension or expansion of trade relations According to the United States Commission ernment has executed some participants in with a country whose government engages in on International Religious Freedom, such the demonstrations and has subjected others serious and systematic violations of funda- treatment includes ‘‘police raids on homes to imprisonment, torture, and other forms of mental human rights must not be construed and house churches, detention, imprison- physical abuse. as a statement of approval or complacency ment, confiscation of religious and personal (E) The Government of Viet Nam has also about such practices. The promotion of free- property, physical and psychological abuse, taken steps to prevent further Montagnards dom and democracy around the world—and and fines for engaging in unapproved reli- from escaping, and there are credible reports particularly for people who have suffered in gious activities (such as collective worship, that Vietnamese security forces in Cambodia large part because of their past associations public religious expression and distribution are offering bounties for the surrender of with the United States and because they of religious literature, and performing bap- Montagnard asylum seekers. share our values—is and must continue to be tisms, marriages, or funeral services) . . . [i]n (7) The Government of Viet Nam has also a central objective of United States foreign addition, it is reported that ethnic Hmong persecuted members of other ethnic minor- policy. Protestants have been forced by local offi- ity groups, including the Khmer Krom from SEC. 102. PURPOSE. cials to agree to abandon their faith’’. the Mekong Delta, many of whom fought The purpose of this Act is to promote the (E) Other religious organizations, such as alongside United States military personnel development of freedom and democracy in the Catholic Church, are formally recognized during the Viet Nam war and whose Viet Nam.

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TITLE II—PROMOTION OF FREEDOM AND (2) UNITED STATES NONHUMANITARIAN AS- (b) AUTHORIZED ACTIVITY.—Of the amounts DEMOCRACY IN VIET NAM SISTANCE.—The term ‘‘United States non- authorized to be appropriated to the Depart- Subtitle A—Prohibition on Nonhumanitarian humanitarian assistance’’ means— ment of State for Migration and Refugee As- Assistance to the Government of Viet Nam (A) any assistance under the Foreign As- sistance for each of the fiscal years 2001, 2002, SEC. 201. BILATERAL NONHUMANITARIAN AS- sistance Act of 1961 (including programs and 2003, such sums as may be necessary are SISTANCE. under title IV of chapter 2 of part I of that authorized to be made available for the pro- (a) ASSISTANCE.— Act, relating to the Overseas Private Invest- tection (including resettlement in appro- (1) IN GENERAL.—Except as provided in sub- ment Corporation), other than— priate cases) of Vietnamese refugees and asy- section (b), United States nonhumanitarian (i) disaster relief assistance, including any lum seekers, including Montagnards in Cam- assistance may not be provided to the Gov- assistance under chapter 9 of part I of that bodia. ernment of Viet Nam— Act; Subtitle E—Annual Report on Progress (A) for fiscal year 2002 unless not later (ii) assistance which involves the provision Toward Freedom and Democracy in Viet Nam than 30 days after the date of the enactment of food (including monetization of food) or SEC. 241. ANNUAL REPORT. of this Act the President determines and cer- medicine; and Not later than May 31 of each year, the tifies to Congress that the requirements of (iii) assistance for refugees; and subparagraphs (A) through (D) of paragraph (B) sales, or financing on any terms, under Secretary of State shall submit to Congress (2) have been met during the 12-month period the Arms Export Control Act. a report for the 12-month period ending on the date of submission of the report, on the ending on the date of the certification; and SEC. 202. MULTILATERAL NONHUMANITARIAN (B) for each subsequent fiscal year unless ASSISTANCE. following: the President determines and certifies to The President shall ensure that section 701 (1)(A) The determination and certification Congress in the most recent annual report of the International Financial Institutions of the President that the requirements of submitted pursuant to section 241 that the Act (22 U.S.C. 262d), relating to human subparagraphs (A) through (D) of section requirements of subparagraphs (A) through rights, is carried out with respect to Viet 201(a)(2) have been met, if applicable. (D) of paragraph (2) have been met during Nam. (B) The determination of the President the 12-month period covered by the report. under section 201(b)(2), if applicable. Subtitle B—Assistance to Support Democracy (2) Efforts by the United States Govern- (2) REQUIREMENTS.—The requirements of in Viet Nam this paragraph are that— ment to secure transmission sites for Radio (A) the Government of Viet Nam has made SEC. 211. ASSISTANCE. Free Asia in countries in close geographical substantial progress toward releasing all po- (a) IN GENERAL.—The President is author- proximity to Viet Nam in accordance with litical and religious prisoners from imprison- ized to provide assistance, through appro- section 221(a). ment, house arrest, and other forms of deten- priate nongovernmental organizations, for (3) Efforts to ensure that programs with tion; the support of individuals and organizations Viet Nam promote the policy set forth in (B) the Government of Viet Nam has made to promote human rights and nonviolent section 222 and with section 102 of the substantial progress toward respecting the democratic change in Viet Nam. Human Rights, Refugee, and Other Foreign right to freedom of religion, including the (b) AUTHORIZATION OF APPROPRIATIONS.— Policy Provisions Act of 1996 regarding par- right to participate in religious activities There are authorized to be appropriated to ticipation in programs of educational and and institutions without interference by or the President to carry out subsection (a) cultural exchange. involvement of the Government; $2,000,000 for each of the fiscal years 2002 and (4) Steps taken to carry out the policy (C) the Government of Viet Nam has made 2003. under section 232(a). substantial progress toward respecting the Subtitle C—United States Public Diplomacy The SPEAKER pro tempore. Pursu- human rights of members of ethnic minority SEC. 221. RADIO FREE ASIA TRANSMISSIONS TO ant to the order of the House of groups in the Central Highlands or elsewhere VIET NAM. Wednesday, September 5, 2001, the gen- in Viet Nam; and (a) POLICY OF THE UNITED STATES.—It is tleman from New Jersey (Mr. SMITH) (D)(i) neither any official of the Govern- the policy of the United States to take such and the gentleman from California (Mr. ment of Viet Nam nor any agency or entity measures as are necessary to overcome the LANTOS) each will control 30 minutes. wholly or partly owned by the Government jamming of Radio Free Asia by the Govern- of Viet Nam was complicit in a severe form ment of Viet Nam. The Chair recognizes the gentleman of trafficking in persons; or (b) AUTHORIZATION OF APPROPRIATIONS.—In from New Jersey (Mr. SMITH). (ii) the Government of Viet Nam took all addition to such amounts as are otherwise GENERAL LEAVE appropriate steps to end any such complicity authorized to be appropriated for the Broad- Mr. SMITH of New Jersey. Madam and hold such official, agency, or entity fully casting Board of Governors, there are au- accountable for its conduct. Speaker, I ask unanimous consent that thorized to be appropriated to carry out the all Members may have 5 legislative (b) EXCEPTION.— policy under subsection (a) $9,100,000 for the (1) IN GENERAL.—Subsection (a) shall not fiscal year 2002 and $1,100,000 for the fiscal days within which to revise and extend apply for any fiscal year with respect to the year 2003. their remarks on H.R. 2833. provision of United States nonhumanitarian The SPEAKER pro tempore. Is there assistance for any program or activity for SEC. 222. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS objection to the request of the gen- which such assistance was provided to the WITH VIET NAM. tleman from New Jersey? Government of Viet Nam for fiscal year 2001 It is the policy of the United States that in an amount not to exceed the amount so There was no objection. programs of educational and cultural ex- Mr. SMITH of New Jersey. Madam provided for fiscal year 2001. change with Viet Nam should actively pro- ONTINUATION OF ASSISTANCE IN THE NA- (2) C mote progress toward freedom and democ- Speaker, I yield myself such time as I TIONAL INTEREST.—Notwithstanding the fail- racy in Viet Nam by providing opportunities may consume. ure of the Government of Viet Nam to meet to Vietnamese nationals from a wide range Madam Speaker, first of all, let me the requirements of subsection (a)(2), the of occupations and perspectives to see free- thank my good friend, the gentleman President may waive the application of sub- dom and democracy in action and, also, by from California (Mr. LANTOS), and section (a) for any fiscal year if the Presi- ensuring that Vietnamese nationals who dent determines that the provision to the other cosponsors of this important have already demonstrated a commitment to Government of Viet Nam of increased United human rights legislation for their these values are included in such programs. States nonhumanitarian assistance would strong support for this measure that is promote the purposes of this Act or is other- Subtitle D—United States Refugee Policy before the body today. wise in the national interest of the United SEC. 232. REFUGEE RESETTLEMENT FOR NATION- Madam Speaker, to hear some of our States. ALS OF VIET NAM. colleagues talk, we would think that (3) EXERCISE OF WAIVER AUTHORITY.— (a) POLICY OF THE UNITED STATES.—It is Viet Nam was well on its way to being the policy of the United States to offer ref- (A) IN GENERAL.—The President may exer- a human rights success story. Unfortu- cise the authority under paragraph (2) with ugee resettlement to nationals of Viet Nam respect to— (including members of the Montagnard eth- nately, this is simply not the case. (i) all United States nonhumanitarian as- nic minority groups) who were eligible for Just this week, a Buddhist monk in sistance to Viet Nam; or the Orderly Departure Program or any other Danang committed suicide by self-im- (ii) one or more programs, projects, or ac- United States refugee program and who were molation to protest the increasingly tivities of such assistance. deemed ineligible due to administrative harsh repression of the Unified Bud- (c) DEFINITIONS.—In this section: error or who for reasons beyond the control dhist Church of Viet Nam. (1) SEVERE FORM OF TRAFFICKING IN PER- of such individuals (including the inability Just yesterday, the Hanoi security SONS.—The term ‘‘severe form of trafficking to pay bribes demanded by officials of the in persons’’ means any activity described in Government of Viet Nam) were unable to cadres arrested two prominent reform section 103(8) of the Trafficking Victims Pro- apply for such programs in compliance with advocates, retired Colonel Phan Que tection Act of 2000 (Public Law 106–386 (114 deadlines imposed by the Department of Duong and writer Hoang Minh Chinh. Stat. 1470); 22 U.S.C. 7102(8)). State. Their only crime appears to have been

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.002 pfrm04 PsN: H06PT1 H5416 CONGRESSIONAL RECORD — HOUSE September 6, 2001 asking permission to start a non- prison terms for protesting this denial that the government’s official labor ex- governmental organization that would of their religious freedom. port program has subjected workers, expose corruption and promote trans- Independent Protestants, most of many of whom are women, to involun- parency in government. whom are members of ethnic minority tary servitude, debt bondage, and other Yet, these thoughtful and courageous groups, are subjected to particularly forms of abuse. In the recent case of men were dragged away from their harsh treatment by the Government of several hundreds of workers who were homes and families on the very eve of Vietnam. According to the United trafficked by Vietnamese-owned cor- the vote on the trade agreement whose States Commission on International porations to the Daewoosa factory in supporters say is evidence that the Vi- Religious Freedom, such treatment in- American Samoa, the reaction of gov- etnamese Government is on the road to cludes police raids on homes and house ernment officials to worker complaints reform. churches, detention, imprisonment, of severe mistreatment was to threaten It is true that there have been some confiscation of religious and personal the workers with ‘‘punishment under improvements since the dark days of property, physical and psychological the laws of Vietnam’’ if they continued the late 1970s and early 1980s, when abuse, and fines for engaging in unap- to complain. hundreds of thousands of people were proved religious activities such as col- Madam Speaker, as most Members confined to so-called ‘‘reeducation lective worship, public religious ex- know, these are not the only human camps;’’ and as we know, many died pression, the distribution of religious rights violations committed by the Vi- there, simply because they had taken literature, and performing baptisms, etnamese Government. The Govern- the side of freedom. But in recent marriages, and funeral services. In ad- ment of Vietnam also pursues a policy years, there has been no such progress. dition, the U.S. Commission’s report of harassment, discrimination, intimi- Indeed, in the last few months, the gov- goes on to say, it is reported that eth- dation, and other types of detention ernment of Viet Nam has substantially nic Hmong Protestants have been against those who peacefully express increased the frequency and the sever- forced by local officials to agree to dissent from the government or the ity of its human rights violations. abandon their faith. party policy. The arrests of Mr. Chinh Madam Speaker, the Government of A Catholic priest, Madam Speaker, and Colonel Duong are just the latest Viet Nam systematically denies the Father Nguyen Van Ly was arrested in episode in that awful story. fundamental right to freedom of reli- March of 2001, just a few months ago, Madam Speaker, the Human Rights gion. Although some freedom of wor- and remains in detention after submit- Act for Vietnam will ensure that put- ship is permitted, believers are forbid- ting written testimony to the United ting an end to those egregious abuses den to participate in religious activi- States Commission on International remains central to U.S. foreign policy ties except under circumstances rigidly Religious Freedom. For that, this great toward Vietnam. It will not restrict defined and controlled by the govern- trading partner of the United States, trade in any way, but it uses other ment. this man, this priest, was arrested: sub- forms of leverage to construct a human In 1999, the government issued a De- mitting testimony to an official organ, rights program that is comprehensive cree Concerning Religious Activities a function of the United States Govern- yet reasonable and flexible. which declared, in pertinent part, ‘‘All ment that investigates religious perse- First, the act tells the truth about activities using religious belief in order cution. human rights and the situation of to oppose the State of the Socialist Re- Madam Speaker, the other human human rights in Vietnam. It describes public of Viet Nam, to prevent the be- rights violation in Vietnam right now the violations by the Government of lievers from carrying out civic respon- is the recent intensification of the gov- Vietnam of the rights to freedom of ex- sibilities, to sabotage the union of all ernment’s systematic repression of the pression, association, and religion, and the people, to go against the healthy Montagnards. Since 1975, the the rights of workers, as well as the culture of our Nation, as well as super- Montagnard people have been severely persecution of ethnic minorities, as I stitious activities, will be punished in persecuted, in part because of their said, including the Montagnards and conformity with law.’’ wartime association with the United persons associated with the United The Unified Buddhist Church of Viet States, and in part because of their States prior to 1975. The act concludes Nam, Madam Speaker, the largest reli- strong commitment to their tradi- that Congress and the American people gious denomination in Viet Nam, has tional way of life and to their Christian are united in their determination that been declared illegal by the govern- religion, and that is regarded as incon- expansion of trade relations should not ment, and over the last 25 years its sistent with the absolute loyalty and be construed as approval or compla- clergy have often been imprisoned and control demanded by the Communist cency or complicity about human subjected to other forms of persecu- system. rights violations, and that the pro- tion. In February 2001, several thousand motion of freedom and democracy Montagnards participated in a series of must be central to U.S. foreign policy. b 1230 peaceful demonstrations throughout Second, the act will link increases in The Patriarch of the Unified Bud- the Central Highlands, demanding reli- foreign aid, other than humanitarian dhist Church, 83-year-old Most Vener- gious freedom and restoration of their assistance to the Government of Viet- able Thich Huyen Quang, has been de- confiscated lands. The government re- nam, to a finding by the President that tained for 21 years in a ruined temple sponded by closing off the Central the government has made ‘‘substantial in an isolated area of central Vietnam. Highlands and sending in military progress’’ toward meeting certain Most Venerable Thich Quang Do, the forces, tanks and helicopters. Credible human rights benchmarks. These Executive President of the Unified reports by refugees who have escaped benchmarks are reasonable and easily Baptist Church, has also been in var- to Cambodia indicate that at least one attainable: substantial progress toward ious forms of detention for many years, participant in the demonstration was release of political and religious pris- and was recently rearrested and placed killed and that the government has oners; substantial progress toward re- under house arrest after he had pro- subjected others to imprisonment and spect by the Government of Vietnam to posed to bring the most Venerable torture and other forms of physical the right of freedom of religion, includ- Thich Huyen Quang to Saigon for med- abuse. The Government of Vietnam has ing the right to participate in religious ical treatment. For that, he was pun- also taken steps to prevent further organizations not connected to the ished. Montagnards from escaping, and the Government of Vietnam; substantial The Hoa Hao Buddhist Church was Vietnamese security forces in Cam- progress, Madam Speaker, toward re- also declared to be illegal until 1999, bodia are offering bounties for the sur- spect for the rights of members of eth- when the government established an render of Montagnard asylum seekers. nic minority groups in the Central organization which purports to govern Madam Speaker, I want to also call Highlands and elsewhere; and an end to the Hoa Hao, but is dominated by gov- attention to the active involvement of the government complicity and severe ernment and Communist cadres, which officials and entities of the Vietnamese forms of trafficking in human persons. is not acceptable to the believers. Sev- Government in severe forms of traf- Madam Speaker, the Vietnam Human eral Hoa Hao have been sentenced to ficking in persons. There is evidence Rights Act does not require cuts in

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.014 pfrm04 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5417 current levels of assistance or impose It is ironic to listen to the gentleman and if it would be merely a discussion any restrictions at all on assistance from New Jersey (Mr. SMITH), outlining of trade with Vietnam, we ourselves that goes to nongovernmental organi- in great detail the discrimination and would be engaging in hypocrisy as are zations or private sector enterprises. It persecution unfolding in Vietnam the delegates in Durban as we speak. It affects only increases in nonhumani- against religious and ethnic minorities, is important to promote trade. But it tarian aid that goes to the Government because Vietnam was not on the agen- is important to stand up for human of Vietnam. It also has a waiver capa- da at Durban. The Sudan was not on rights as well. bility that the President can exercise the agenda at Durban, although as we I commend and congratulate the gen- in the national interest or if he feels speak, slave trade is taking place in tleman from New Jersey (Mr. SMITH) that the purposes of the act would be the Sudan. for introducing this legislation. I urge better served by waiving its provisions. Afghanistan and the Taliban were all of my colleagues to support its Madam Speaker, finally, just let me not on the agenda in Durban, although passage. say the act also authorizes assistance we know what happens to individuals Madam Speaker, I reserve the bal- to NGOs committed to promoting free- who attempt to introduce Christianity ance of my time. dom and democracy in Vietnam. It will into that country. There are few things Mr. SMITH of New Jersey. Madam support efforts by the United States to Afghanistan needs more than some Speaker, I yield myself 10 seconds. overcome Hanoi’s systematic jamming Christian values. Madam Speaker, I thank my good of the profreedom broadcasts by Radio Saudi Arabia was not on the agenda, friend for his outstanding statement Free Asia. It is amazing to me that although the persecution of women and for pointing out the hypocrisy of right now, as we are about to approve continues unabated, discrimination the Durban conference, especially in a bilateral trade agreement, they are against women continues unabated. leaving out some of these egregious jamming every day the broadcast com- The only country singled out for crit- violators and, as he pointed out, focus- ing out of Radio Free Asia. icism at the farce which was Durban ing on the state of Israel. I want to The act would require the State De- was the democratic state and our ally thank him for that statement and for partment to take steps to ensure that in the Middle East, the State of Israel. his support for that bill. U.S. cultural and exchange programs So the timing of this legislation, as it Madam Speaker, I yield 5 minutes to are open to people who share our val- comes before us, could not be more op- the gentleman from Virginia (Mr. TOM ues not just of the Vietnamese Govern- portune. DAVIS). ment and Communist Party officials I would like to identify myself with (Mr. TOM DAVIS of Virginia asked and persons close to those officials. the statements made by the gentleman and was given permission to revise and Finally, Madam Speaker, the act de- from New Jersey with respect to all the extend his remarks.) clares it to be the policy of the U.S. to specific acts of religious and ethnic Mr. TOM DAVIS of Virginia. Madam offer refugee resettlement to pro- persecution which unfold in Vietnam. Speaker, I rise today in support of H.R. American combat veterans and other None of us here should be under any il- 2833, the Viet Nam Human Rights Act residents of Vietnam who meet the lusion about the nature of the Viet- of 2001. statutory criteria for U.S. refugee pro- namese Government. According to the As an original co-sponsor of this grams, who have been wrongfully de- landmark legislation, I believe passage nied access to these programs for rea- State Department’s Human Rights Re- port, the Vietnamese Government is an of the Viet Nam Human Rights Act sons beyond their control, including will send a strong message to the but not limited to their inability to unrepentant authoritarian regime. True political opposition in that coun- Hanoi regime and to its victims that pay bribes that have been demanded by expansion of trade relations does not the Vietnamese Government officials. try is not allowed. Freedom of expres- sion does not exist, and Vietnamese are imply approval of or complacency The act does not change existing ref- about the continuing pattern of severe ugee law and does not mandate the ad- put in prison for good for simply ex- pressing political opinions the govern- human rights violations in Vietnam. mission of any person or group. The act As an ardent supporter of human does insist, however, that discretion ment does not approve of. The Vietnamese Government places rights and a strong proponent of free under current law should be exercised trade, I want to stress that the Viet to promote fairness for people who the most severe restrictions on the ex- Nam Human Rights Act is about aid, have been persecuted for 25 years be- pression of religious beliefs, particu- not trade. This legislation sends a clear cause of their wartime associations larly beliefs in Buddhism, as my good message to Hanoi, and also to other in- with the U.S. or simply because they friend and colleague so eloquently out- terested observers including the Viet- share our values. lined. Madam Speaker, I urge a positive Madam Speaker, today the House namese-American community, that the vote on this bill, and I reserve the bal- will approve the U.S.-Vietnam bilat- U.S. is serious about our commitment ance of my time. eral trade agreement. I support that to the principles of free speech, free- Mr. LANTOS. Madam Speaker, I agreement, but it is critical that we dom of expression, and the freedom of yield myself such time as I may con- send a signal to Hanoi that the U.S. religious exercise. sume, and I rise in support of H.R. 2833. continues to care about the human As a founding member of the Con- First, I would like to commend my rights and the religious freedom situa- gressional Dialogue on Viet Nam and a good friend and distinguished col- tion in Vietnam, not just trade. Pas- member of the Congressional Human league, the gentleman from New Jersey sage of the Smith legislation will indi- Rights Caucus, I am acutely aware of (Mr. SMITH), for introducing this very cate to the administration and to the the Vietnamese government’s human important legislation and for doggedly Vietnamese Government that the Con- rights violations, including religious pursuing the Vietnam human rights gress expects to see true progress on persecution and indefinite criminal issue, as indeed he has been pursuing so the human rights front, and we have sentences for political prisoners. many human rights issues during his not forgotten those Vietnamese who On May 12 of this year, I attended a entire course of great service to this are being persecuted for their religious hearing which addressed the issue or Nation. I would also like to express my beliefs or their political views. religious suppression and persecution appreciation to the chairman of the The legislation that we are consid- in Vietnam. My colleagues and I heard committee, the gentleman from Illi- ering will ensure that there is not a testimony from many religious Viet- nois (Mr. HYDE), for moving this legis- rollback in our trade and aid relation- namese-American leaders who shared lation so expeditiously. ship with Vietnam, only a cap on the their perspectives on this important Madam Speaker, yesterday afternoon level of our aid to Vietnam unless de- issue. Many of them had suffered per- I returned from the Durban Conference cent human rights conditions are cre- sonally at the hands of the Vietnamese in South Africa on Racism and Dis- ated. government. In July, I sent a letter to crimination, as the American delega- Secretary of State Colin Powell before tion was withdrawn by Secretary of b 1245 he went to Vietnam, asking him to State Colin Powell, a decision I fully It is ironic that this legislation is be- raise these very issues with the govern- support. fore us today, because if it were not ment.

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.016 pfrm04 PsN: H06PT1 H5418 CONGRESSIONAL RECORD — HOUSE September 6, 2001 This legislation sets a framework for grams promote American values. It re- Before his death, Ank wrote letters an honest and detailed assessment of quires the U.S. State Department to to the U.N. Human Rights Commission, the human rights situation in Viet- take steps to make sure that U.S. cul- the Human Rights Commission of the nam. It accurately identifies violations tural and exchange programs are open European Union and other inter- by the Vietnamese government against to people who share our values, not national groups, stating simply, ‘‘I the rights of the Vietnamese people to just Vietnamese government and Com- have decided that the only way I can exercise their freedom of expression, munist Party officials and persons protest is by setting my body on fire to association, and religion, and the close to them. denounce repression against the UBCV rights of workers, as well as persecu- Finally, this bill would declare it to and all other religions.’’ tion of religious figures and ethnic mi- be the policy of the United States to I have with me the Declaration of Vi- norities including the Montagnards and offer refugee resettlement to residents etnamese Priests Abroad, an open let- other people associated with the U.S. of Vietnam who met the statutory cri- ter to the international community prior to 1975. teria for the Orderly Departure Pro- condemning the vicious repression of In addition, H.R. 2833 summarizes the gram and other refugee programs, but religious and other basic human rights history of U.S. policy towards Viet- who were incorrectly deemed ineligible in Vietnam. This letter, dated August namese refugees and of normalization for such programs or who, for reasons 15, was signed by 144 Catholic priests of U.S.-Vietnam diplomatic and trade beyond their own control including but worldwide and calls upon ‘‘freedom-lov- relations. This legislation concludes not limited to inability to pay bribes ing governments to defend the values that Congress and the American people demanded by Vietnamese government of human rights which are being tram- are united in their belief that expan- officials, were denied access to U.S. pled on in Vietnam.’’ sion of trade relations should not and programs in time for deadlines imposed Madam Speaker, I include the letter must not be construed as approval of or by State Department officials. This for the RECORD. ignorance about the Vietnamese gov- legislation also requires the State De- ernment’s human rights violations. DECLARATION OF VIETNAMESE PRIESTS partment to report on what steps it has ABROAD Furthermore, we, the government and taken to provide such persons with ac- the American people, seriously believe We, the undersigned Vietnamese priests cess to U.S. refugee resettlement. abroad, want to express our great concern that the promotion of freedom and de- This bill does not affect any form of about the present urgent situation of Viet- mocracy must be central to U.S. for- humanitarian assistance, nor does it nam’s religious life in general, and the life of eign policy. limit assistance that is provided the Vietnamese Catholic Church in par- This legislation makes conditional through nongovernmental organiza- ticular. any increases in foreign assistance, tions. Essentially, the Viet Nam Though living and serving away from the other than humanitarian assistance, to Human Rights Act will require the Vi- Fatherland, we as Vietnamese and as priests the Vietnamese government on a find- etnamese government to make sub- remain attached to our people and country. ing by the President that they have stantial progress towards the release of We always pray for our people to be truly made substantial progress toward political and religious prisoners, and free and for our country to be prosperous, in meeting certain human rights bench- which every Vietnamese is loved and re- an end to religious persecution, respect spected in accordance with his or her human marks, which include the release of all for the rights of ethnic minorities, and dignity. political and religious prisoners from elimination of trafficking in human As for religious life in Vietnam, we are all forms of detention including impris- beings before receiving any further in- convinced that religious freedom is abso- onment and house arrest; respect by creases in government-to-government lutely a basic and spiritual need for man and the Vietnamese government towards U.S. aid. It is my strong belief that society. For the future of Vietnam, religious the right to freedom of religion, includ- this is the least we can do for all those freedom is not only a legitimate demand but ing the right to participate in religious being oppressed by the Communist also a matter of human rights that needs to organizations not connected to the Vi- Government. be urgently solved. Vietnam will lose an op- etnamese government; respect for the portunity to create a bright future if the Vi- For these reasons, I urge all of my etnamese people do not have true religious rights of members of ethnic minority colleagues to support H.R. 2833 so that freedom. The history of Vietnam has proved groups in the Central Highlands and we can hold the Vietnamese govern- that religious life is strongly tied with the elsewhere; and an end to government ment accountable for the human rights destiny of the people. Once religion is free, complicity in severe forms of traf- abuses committed by their regimes and society will be peaceful and healthy and a ficking in human beings, in particular, hopefully bring justice to the Viet- human development will be secured for the women and children. namese people. country. This bill will also require an enforce- I commend the gentleman from New It is unfortunate for the Vietnamese people ment of a provision of a current law de- Jersey (Mr. SMITH) and his staff for that what is happening in our country in- signed to withhold non-humanitarian their hard work and commitment in creasingly proves that religion is at risk of loans and other extensions of funds being used as an instrument by the Viet- bringing attention to this important namese Communist Government and from international financial institu- issue. enslaved by it to the point of dying away in tions to governments that consistently Mr. LANTOS. Madam Speaker, I the end. Using this as its strategy involves commit gross violations of funda- yield as much time as she may con- agonizing policies of the legal system (espe- mental human rights. sume to the gentlewoman from Cali- cially the procedure of begging the govern- This legislation will help to actively fornia (Ms. LOFGREN) who has been a ment permission and policies of discrimina- promote freedom and democracy in persistent and outspoken champion of tion), unreasonable administrative system, Vietnam by authorizing assistance to human rights. ‘‘divide and conquer’’ causing division among nongovernmental organizations com- (Ms. LOFGREN asked and was given leaders of the same religion, etc. All of these mitted to encouraging and advancing permission to revise and extend her re- aim to deprive religious belief of sacred val- ues and to render it meaningless and finally these principles in Vietnam. marks.) useless. Religious freedom in Vietnam is Additionally, this legislation de- Ms. LOFGREN. Madam Speaker, I being distorted and trampled brutally and clares it to be the policy of the United rise in strong support of 2833, the Viet shamelessly by the Vietnamese Communist States to take such measures as are Nam Human Rights Act, a resolution Government. The present conditions of soci- necessary to overcome the jamming of to promote democracy and freedom in ety are unstable and only conducive to brib- Radio Free Asia by the Vietnamese Vietnam. ery and power abuse at all levels. In the face government. It requires periodic re- Madam Speaker, last weekend many of these great social problems, religious or- ports on efforts by the U.S. govern- of us were celebrating Labor Day with ganizations do not have a right to truly ment to secure transmission sites for our constituents and families honoring speak out. If they say anything, they must Radio Free Asia in countries near Viet- our country’s proud traditions of de- espouse the policies of the government. mocracy and freedom. But last week- Concerning the Vietnamese Catholic nam. It also authorizes additional Church, we are in one accord with the pas- funding to enhance transmission facili- end in Da Nang, Vietnam, a 61-year-old toral approach of the Vietnamese Episcopal ties in order to overcome jamming. monk set himself on fire in protest of Conference as stated in the Joint Letter May This bill seeks to ensure that U.S. the communist authorities’ repression 1, 1980: ‘‘To live the Gospel in the midst of educational and cultural exchange pro- of religious freedoms. the people.’’ It is also for the sake of living

VerDate 31-AUG-2001 23:22 Sep 06, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.017 pfrm04 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5419 the Gospel in the midst of the people that we Rev. John Vuo˜ -Haaˆ n, Ardchdiocese of New Rev. Francis Nguyea˜ n-Vaeˆn-Hoφa, Arch- cannot fail to share the common concern of Orleans, Louisiana, USA diocese of Oklahoma, USA our people as stated in the above observa- Rev. Peter Phan-Phau` t-Huoa` n, C.Ss.R., Rev. Vincent Traa` n Ninh-Phuu` c-Quyu` , Arch- tions. Archdiocese of Los Angeles, USA diocese of New Orleans, Louisiana, USA In the spirit of those observations, we, the Rev. John Nguyea˜ n-Thaφnh-Chung, Arch- Rev. Louis Nguyea˜ n-Haa¨ u, C.Ss.R., Arch- undersigned Vietnamese priests abroad, want diocese of Philadelphia, Pennsylvania, diocese of Paris, France to declare our position regarding several ur- USA Rev. John Nguyea˜ n-Kim-Ngoaˆ n, Diocese of gent issues of the present situation of reli- Rev. Joseph Phaı¨m-Maı¨nh-Co¨ oˆ φng, Diocese Meaux, Paris, France gions in Vietnam as follows: of Camden, New Jersey, USA Rev. Joseph Vuo˜ -Ngoı¨c-Chaaˆ u, Archdiocese 1. We fervently support the spirit of self- Rev. Joachim Nguyea˜ n-Dao-Kim, Diocese of of Taipei, Taiwan ˜ engagement of Reverend Thaddeus Nguyean- Galveston-Houston, Texas, USA Rev. Peter Do¨ oˆ ng-Bau` -Hoaı¨t, Diocese of Vaeˆn-Lyu` , a Catholic priest of the Arch- Rev. Joseph Hoaφng-Minh-Thae´ng, Arch- Chiaya, Taiwan diocese of Huea´ , and his demands regarding diocese of Rome, Italy Rev. Vincent Traa` n-Quang-N˜ iea` m, Diocese of true religious freedom. At the same time, we Rev. Vincent Nguyea˜ n-Vaeˆn-Kieaˆ n, Diocese Orange, California, USA also support other religious leaders’ legiti- of Honolou, USA Rev. Joseph Chaaˆ u-Xuaaˆ n-Bau` u, C.Ss.R., Di- mate demands regarding religious freedom. ˜ ˆ φ We demand that the Vietnamese Communist Rev. Peter Nguyean-Vaen-Hu ng, S.S.C., Tai- ocese of Dallas, Texas, USA ˜ ˆ ` Government guarantee religious leaders’ wan Rev. Joseph Nguyean-Vaen-Thaui, Arch- ˜ φ ¨ ˆ φ safety and security and their right to freely Rev. Alexis Noa n-Quang-Troo ng, Diocese diocese of Chicago, Illinois, USA ˜ ˜ ˜ ¨ exercise religious duties. of Hsinchu, Taiwan Rev. Peter Nguyean-Ninh-Nea, Diocese of 2. We demand the Vietnamese Communist Rev. Peter Nguyea˜ n-Huφng-Co¨ oˆ φng, M.M., San Jose, California, USA Government, for the sake of the future of our New York, USA Rev. Paul Phaı¨m-Vaeˆn-Hoa¨ i, Diocese of Or- ˜ people and country, bring to an end religious Rev. Joachim Vuo˜ -Nı`nh-Thoaˆ n, Diocese of ange, California, USA persecution and insidious and malicious Chiayi, Taiwan Rev. Joseph Nguyea˜ n-Coaˆ ng-Hoau` n, Diocese strategy, which is ordered to use religions in Rev. Joseph Nguyea˜ n-Minh-Chı´nh, Arch- of Fresno, California, USA Vietnam as instruments leading to their de- diocese of Taipei, Taiwan Rev. Philip Nguyea˜ aˆ n-Vaeˆn-Hiea´ u, Diocese struction. Rev. Andrew Traa` n-Cao-To¨ oˆ φng, Archdiocese of Sioux City, Iowa, USA 3. We call freedom loving governments and of New Orleans, Louisiana, USA Rev. Peter N˜ oa˜ -Quang-Chaaˆ u, Diocese of international human rights organizations to Rev. Joseph Nguyea˜ n-Thea´ -Quang, Arch- Nashville, Tennessee, USA defend the values of human rights, which are diocese of Birmingham, London, England Rev. Philip N˜ inh-Vaeˆn-Thiea¨ p, Diocese of being trampled on in Vietnam, especially the Rev. Anthony Traa` n-Ho¨ o˜ u-Laaˆ n, Arch- Green Bay, Wisconsin, USA right to religious freedom according to the diocese of Seattle, Washington, USA Rev. Joseph Nguyea˜ n-Duy-Huφng, Diocese of Universal Declaration of Human Rights. Rev. Joseph Ngoaˆ -Quang-N˜ o` nh, Archdiocese Stockton, California, USA Declared in Washington, D.C. of Tokyo, Japan Rev. Joseph Phaı¨m-Minh-Vaeˆn, Chaplain for On the Fifteenth of August, 2001. Rev. Christopher Leaˆ -Huy-Bauˆ ng, C.Ss.R., Vietnamese Catholics in Switzerland Solemnity of the Assumption of the Houston, Texas, USA Rev. Joseph Nguyea˜ n-Vaaˆ n-Sonˆ , Diocese of Blessed Virgin Mary, Body and Soul, into Rev. Joseph Mai-Thaφnh-Haaˆ n, Archdiocese Dallas, Texas, USA Heaven. of Brisbane, Queensland, Australia Rev. Leo Vuo˜ -Huyea´ n, C.M.C., Diocese of San Signed by the following Vietnamese priests Rev. John Traa` n-Ngoı´c-Bı´ch, C.Ss.R., Dio- Bernardino, California, USA abroad: cese of Tucson, Arizona, USA Rev. Peter Traa` n-Vaeˆn-Troˆ ı¨, S.J., Austraila Rev. Msgr. Dominic Mai-Thanh-Lo¨ oˆ ng, Arch- Rev. Joseph N˜ oaφn-Huy-Cho¨ oˆ ng, Diocese of Rev. Augustine Nguyea˜ n-N˜ o¨ u` c-Thuı¨, S.J. diocese of New Orleans, USA Galveston-Houston, Texas, USA Austraila Rev. Joseph N˜ inh-Coaˆ ng-Huyφnh, Arch- Rev. Paul Chu-Vaeˆn-Chi, Archdiocese of Syd- Rev. Joseph Vuo˜ -Moa¨ ng-Thoˆ , Diocese of diocese of Philadelphia, USA ney, Australia Tours, France Rev. Peter Nguyea˜ n-Thanh-Long, Arch- Rev. Dominic Nguyea˜ -Vaeˆn-N˜ oa` ı`, Arch- Rev. Maurice Nguyea˜ n-Vaeˆn-Danh, O.S.B., diocese of Washington, USA diocese of Sydney, Australia Monastery of Buckfast, England Rev. Joachim Traa` n-Quyu` -Thiea¨ n, Diocese of Rev. Canut Nguyea˜ n-Thau` i-Hoa¯ ı¨ch, Arch- Rev. Stephen Nguyea˜ n-Maı¨nh-Taaˆ n, O.F.M., Arlington, USA diocese of Sydney, Australia Archdiocese of San Francisco, USA Rev. Andrew Nguyea˜ n-Ho¨ o˜ u-Lea˜ , Diocese of Rev. Joachim N˜ oaφn-So´ -Thuı¨c, Archdiocese Rev. Peter Mary Nguyea˜ n-Ho¨ o˜ u-Hiea´ n, Arch- Auckland, New Zealand of Sydney, Veritas Radio, Philippines diocese of Tokyo, Japan Rev. Paul Traa` n-Xuaaˆ n-Taaˆ m, Archdiocese Rev. Joseph Vuo˜ -Minh-Nguyeaˆ n, Archdiocese Rev. Andrew Duo˜ ng-Laı¨c Cao-Duy-Linh, of Washington, USA of Sydney, Australia O.F.M., Diocese of Nayoga, Japan Rev. Joseph Traa` n-Kim-Thiea¨ n, Archdiocese Rev. Dominic Mai-Minh-Luaa¨ n, Diocese of Rev. John Baptist Nguyea˜ n-Viea´ t-Huy, S.J. of Philadelphia, USA Springfield Cape Girardeau, USA Australia Rev. Vincent Nguyea˜ n-Ho¨ o˜ u-Duı¨, O.P. Can- Rev. Joseph Chu-Coaˆ ng, O.Cist., Diocese of Rev. Vincent Traa` n-Vaeˆn-Bae`ng, Diocese of ada Worcester, Massachusetts, USA Bamberg, Germany Rev. John N˜ inh-Xuaaˆ n-Minh, Diocese of Rev. Joachim Nguyea˜ n-N˜ ıˆnh-N˜ aφm, Diocese Rev. Peter Hoaφng-Kim-Huy, O.S.B., Arch- Mainz, Germany of Pittsburgh, Pennsylvania, USA diocese of Hobart, Tasmania, Australia Rev. Joseph Phaı¨m-Xuaaˆ n-Thae´ng, Diocese Rev. Joseph Vuo˜ -Xuaaˆ n-Tro¨ oˆ φng, Diocese of Rev. Paul Taı¨-Thanh-Bı`nh, C.Ss.R., Arch- of Richmond, Virginia, USA Brooklyn, New York, USA diocese of New Orleans, Lousiana, USA Rev. Joseph Nguyea˜ n-Phuu` -An, Diocese of Rev. Joseph Leaˆ -Phuı¨ng, C.Ss.R., Diocese of Rev. Joseph Phan-N˜ o¨ oˆ ng, C.Ss.R., Diocese of Camden, New Jersey, USA Galveston-Houston, Texas, USA Oakland, California, USA Rev. Joseph Toa´ ng-Thiea¨ n-Lieaˆ n, Diocese of Rev. Paul Leaˆ -Anh-Vo¨ o˜ ng, S.V.D., Diocese of Rev. Joseph Vuo˜ -Ngoı¨c-Thaaˆ n, Diocese of Dallas, Texas, USA San Bernadino, California, USA Baton Rouge, Louisiana, USA Rev. Joseph Phaı¨m-Thanh-Lo¨ oˆ ng, Diocese of Rev. Anthony Traa` n-Trı´-Tuea¨ , Diocese of Rev. Peter Nguyea˜ n-Huφng-N˜ o¨ u` c, Diocese of Camden, New Jersey, USA Hsinchu, Taiwan Sioux City, Iowa, USA Rev. Joseph Traa` n-Vaeˆn-Huaaˆ n, Archdiocese Rev. Thomas N˜ o-Minh-Taaˆ m, Diocese of St. Rev. Paul Nguyea˜ n-Huφng-Co¨ oˆ φng, S.V.D., of San Antonio, Texas, USA Paul-Minneapolis, Minnesota, USA Iowa, USA Rev. Vincent Kim-Vaeˆn-Toan, Diocese of Rev. Mark N˜ oaφn-Quang-Bau` u, C.M.C., Arch- Rev. Joseph Vuo˜ -Thaφnh, Diocese of Gal- Hamilton, Ontario, Canada diocese of Boston, Massachusetts, USA veston-Houston, Texas, USA Rev. Anthony Ngoaˆ -Kim-Traı¨ng, Diocese of Rev. Peter Vuo˜ , Diocese of Grand Rapids, Rev. Louis Vuo˜ -Laaˆ m, Diocese of Lafayette, Richmond, Virginia, USA Michigan, USA Louisiana, USA Rev. Dominic Vuo˜ -Ngoı¨c-An, Archdiocese of Rev. Michael Nguyea˜ n-Linh-Ghi, Diocese of Rev. Francis Xavier Nguyea˜ n-Trung-Duo˜ ng, Washington, USA Chiayi, Taiwan Diocese of Nagasaki, Japan Rev. Peter Phaı¨m-Vaeˆn-Chı´nh, Diocese of St. Rev. Joseph Tro¨ oˆ ng-Vaeˆn-Phuu` c, Diocese of Rev. Joseph Cao-Pho¨ oˆ ng-Kyuˆ , Diocese of Petersburg, Florida, USA Hsinchu, Taiwan; Honolulu, Hawaii, USA Rev. Joseph Phaı¨m-Vaeˆn-Tuea¨ , Archdiocese Rev. Peter Leaˆ -Vaeˆn-Quauˆ ng, Diocese of Rev. Dominic Nguyea˜ n-Vaeˆn-Hauˆ o, Diocese of New Orleans, Louisiana, USA Hsinchu, Taiwan of St. Jean Longueuil, Canada Rev. John Baptist Nguyea˜ n-Huφng-Laaˆ n, Rev. Dominic N˜ inh-Duy-Khieaˆ m, Diocese of Rev. Peter Ngoaˆ -N˜ ı`nh-Thouˆ a, C.Ss.R., Arch- O.F.M., Diocese of Bruxelles, Belgium Tulsa, Oklahoma, USA diocese of Los Angeles, USA Rev. Matthias Vuo˜ -Ngoı¨c-N˜ au` ng, Diocese of Rev. Joseph N˜ aφo-Vaeˆn-Nho¨ oˆ φng, Arch- Rev. Joseph N˜ oa` ng-Vaeˆn-Vinh, Archdiocese San Jose, California, USA diocese of Saφi Goφn, Retired, Louisiana, of Perth, Australia Rev. Peter N˜ inh-Ngoı¨c-Quea´ , C.Ss.R., Arch- USA Rev. Andrew Phaı¨m-Quang-Phong, Diocese of diocese of Los Angeles, USA Rev. Peter Leaˆ -Thanh-Quang, Diocese of Lit- Grand Rapids, Michigan, USA Rev. Alphonsus Nguyea˜ n-Hoa` -N˜ aenh, Diocese tle Rock, Arkansas, USA Rev. Joseph Traa` n-Minh-Nhaa¨ t, Archdiocese of Pontoise, France Rev. Peter Nguyea˜ n-Thanh-Bae`ng, of Perth, Australia Rev. Vincent Phan-Ho¨ o˜ u-Toφa, Archdiocese Incarnational Consecration (Hereafter: Rev. Stephen Buφi-Tho¨ oˆ ı¨ng-Lo¨ u, Diocese of of Mobile, Alabama, USA I.C.), Archdiocese of New Orleans, USA Rottenburg-Stuttgart, Germany

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.003 pfrm01 PsN: H06PT1 H5420 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Rev. Joseph Vuo˜ -N˜ o¨ u` c, Archdiocese for the erable Thich Quang Do, and other lead- human rights in Vietnam. They start Military Services, USA ers we know are being harassed or de- arresting dissidents. The British Rev. Michael Joseph Nguyea˜ n-Ngoı¨c-Vinh, tained. Broadcasting Corporation reports that Archdiocese of New Orleans, USA I invite my colleagues to again join Rev. Joseph Vuo˜ -N˜ auˆ o, S.V.D., Indiana, USA dozens of other dissidents have been Rev. Joseph Traa` n-Thea´ -Maa˜ n, Archdiocese this bipartisan campaign and make the called and questioned by police, called of New Orleans, USA release of these prisoners of conscience into the police departments and been Rev. Joseph Nguyea˜ n-Chı´nh, Archdiocese of a prominent issue in U.S. policy to- given the message. These incidents ex- Boston, Massachusetts, USA wards Vietnam. emplify the reality of what we are vot- Rev. Francis Buφi-Quyea´ t, Diocese of The Vietnamese people deserve to ing on today. They have verified them- Houma-Thibodaux, Louisiana, USA live in full freedom. Countless brave selves by their own arrogance the need ˜ ˆ ` Rev. John Baptist Nguyean-Vaen-Hiean, Dio- Vietnamese are currently in prison, for us to pass a bill concerning human cese of Long Island, New York, USA Rev. Peter Mary Buφi-Coaˆ ng-Minh, Diocese under house arrest, or suffering other rights in Vietnam. of Orange, California, USA kinds of persecution. During the past 6 years, the United Rev. Joseph N˜ inh-Xuaaˆ n-Long, Diocese of These ‘‘voices of conscience’’ are States has normalized relations and ex- Charlotte, North Carolina, USA both our inspiration and our responsi- tended trade subsidies through waivers Rev. Peter Traa` n-N˜ iea` n, Retired, Carthage, bility. It is our duty to ensure that in the Jackson-Vanik Act, and we have Missouri, USA those who are courageous enough to ˜ a bilateral trade agreement with Com- Rev. Joseph Nguyea˜ n-No¨ u` c-Duo˜ ng, Arch- speak out against injustice have our munist Vietnam. These initiatives by diocese of Hartford, Connecticut, USA support and our protection. Rev. Joseph N˜ oa˜ -Bau` -AU` i, Wyoming, Michi- our government have made absolutely gan, USA Our offices have received hundreds of no impact on promoting democracy Rev. Jerome Nguyea˜ n-Thanh-Laaˆ m, O.S.B., letters from our Vietnamese American and human rights in Vietnam. To para- Carthage, Missouri, USA constituents, calling upon Congress to phrase a song I heard as a kid, when Rev. Peter Nguyea˜ n-Vaeˆn-Phong, (Society of pass the Vietnam Human Rights Act. will we ever learn. Trying to cozy up the House of the Lord), Diocese of Dallas, This bill tells the truth. It does not and ignore the pitfalls and the bad Texas, USA restrict trade in any way. It does not parts of a dictatorial regime, trying to ˜ ˜ Rev. Dominic Noa-Duy-Nho, Diocese of Lit- limit humanitarian aid to Vietnam. It ignore the violence and the crimes of tle Rock, Arkansas, USA remembers by name those who have ` ¨ φ gangsters will not make this a better Rev. Peter Traan-Vieat-Hu ng, Archdiocese been persecuted because of their be- of Newark, New Jersey, USA world. Rev. John Baptist Traa` n-Vaeˆn-Taaˆ n, Diocese liefs. It is important human rights leg- Right now the Hanoi regime is prov- of Des Moines, Iowa, USA islation that I am proud to support, ing that they are as stubborn and as Rev. Anthony Nguye˜n-Vaeˆn-N˜ oaˆ , Arch- and I urge my colleagues to do the brutal as ever in their campaign diocese of Oklahoma, Oklahoma, USA same. against Buddhists, Catholics, and oth- ˜ Rev. Peter Traa` n-Nı`nh-Thauˆ o, Diocese of Mr. SMITH of New Jersey. Madam ers. They are proving their very nature Hoalien, Taiwan Speaker, I yield 4 minutes to the gen- by continuing these attacks on anyone ˜ ˜ Rev. Joseph Vuo-Xuaan-Minh, Archdiocese tleman from California (Mr. ROHR- of St. Paul and Minneapolis, Minnesota, who believes in religion in Vietnam ABACHER). USA who has not succumbed to the tempta- Rev. John Bosco Phaı¨m-Trung-Tho¨ ı¨c, C.M.C., Mr. ROHRABACHER. Madam Speak- tion of simply trying to register their Archdiocese of Boston, USA er, I rise in strong support of H.R. 2833. church and run their church affairs in Rev. Martin Nguyea˜ n-Thanh, I.C., Diocese of Let me commend the gentleman from the way that the government would Baton Rouge, Louisiana, USA New Jersey (Mr. SMITH) and the gen- have them run. Rev. Thomas Thieaˆ n-N˜ onh, I.C., Diocese of tleman from California (Mr. LANTOS) Finally, we know now of a brutal Baton Rouge, Louisiana, USA for the strong leadership they have suppression of the Montagnard hill Rev. Peter Nguyea˜ n-Viea¨ t-Taaˆ n, I.C., Dio- provided. It has been my honor to tribes people. These people fought val- cese of Baton Rouge, Louisiana, USA stand with these two gentlemen on nu- Rev. Msgr. Philip Traa` n-Vaeˆn-Hoaφi, Vati- iantly alongside Americans during the can, Rome, Italy merous occasions on issues dealing war and since then have faced brutal Rev. Thomas Nguyea˜ n-Vaeˆn-Chau` nh, Arch- with human rights. repression; and now that the war is diocese of New Orleans, Louisiana, USA I only wish our other colleagues had long over when these chapters should Rev. Joseph Nguyea˜ n-Huφng-Co¨ oˆ φng, Diocese the commitment to freedom and de- be closed, the Vietnamese Communist of Wichita, Kansas, USA mocracy and human rights that the Government is reopening this type of ˜ φ Rev. Thomas Noa˜ -Thanh-Ha , Diocese of Or- gentleman from California (Mr. LAN- repression against the Montagnards. I ange, California, USA TOS) and the gentleman from New Jer- Rev. Thomas Nguyea˜ n-Xuaaˆ n-Toaφn, Arch- feel a personal obligation for the sey (Mr. SMITH) have because America Montagnards. I was in a Montagnard diocese of San Francisco, California, truly could save the world if we had USA village in 1967, and I believe that my Rev. Peter Ngoaˆ -Coaˆ ng-Thae´ng, Archdiocese that type of commitment. It is up to us life was a lot safer with those of Los Angeles, California, USA to try to reach out to our colleagues, Montagnards because they were on the Rev. Dominic N˜ inh-Minh-Hauˆ i, C.Ss.R., Dio- and that is what we are doing today. side of the United States. It is up to us cese of Dallas, Texas, USA The Vietnam Human Rights Act to be on their side now, and on the side ˜ Rev. Joseph Phaı¨m-No¨ u` c-Khoˆ uˆ i, Diocese of stresses the importance of human of all religious believers throughout Stockton, California, USA rights in American policy towards Rev. Vincent Phaı¨m-Minh-Chaaˆ u, S.V.D., the world, especially in Vietnam, who Southeast Asia. During the last 24 are persecuted, and to be on the side of Archdiocese of St. Louis, Missouri, USA hours, let us take a look at what has Rev. Joseph Traa` n N˜ inh Huynh, S.V.D., those people who believe in democracy Archdiocese of Taipei, Taiwan/R.O.C. happened. The Vietnamese communists throughout the world, especially Viet- Madam Speaker, a few months ago understand what is going on with the nam. That is what this legislation the gentleman from Virginia (Mr. Tom debate here. In fact, some people in does. DAVIS) and the gentlewoman from Cali- Hanoi may understand this debate Madam Speaker, I would ask my col- fornia (Ms. SANCHEZ) and I held a hear- more than some of our colleagues who leagues to join us in supporting it. ing on human rights in Vietnam. Sev- are not paying attention to this debate b 1300 eral of our invited guests, prominent right now. They prepared for this de- religious leaders in Vietnam, were un- bate by what? What happened in Viet- Mr. LANTOS. Madam Speaker, I am able to leave Vietnam to give their tes- nam? delighted to yield as much time as she timony. As a result of this hearing, the Well, two prominent elderly dis- might consume to my good friend and congressional dialogue on Vietnam re- sidents were arrested, one simply after distinguished colleague, the gentle- launched its Adopt a Voice of Con- he applied to set up an anti-corruption woman from California (Ms. SANCHEZ). science campaign. My colleagues and I body in Vietnam to try to deter corrup- Ms. SANCHEZ. Madam Speaker, I have been in constant contact with the tion in Vietnam. Think about that. thank the gentleman from California Vietnamese American community and The Vietnamese government, the re- (Mr. LANTOS), my colleague, for being the Department of State about the gime, the dictators in Vietnam, have such a defender and proponent of safety of Father Nguyen Van Ly, Ven- sent us their message. We talk about human rights, not just in this debate

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.008 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5421 today, but in his recent work also when government oppressing them in par- Unified Buddhist Church of Vietnam. he was in South Africa. ticular as they continue to speak out Because of his years of peaceful protest Madam Speaker, I rise today as a co- on human rights. in support of religious and political sponsor and a strong supporter of H.R. The Government of Vietnam system- freedom, he has suffered constant har- 2833, which promotes the development atically deprives its citizens of the fun- assment, constant imprisonment; and of freedom and democracy in Vietnam. damental right to freedom of religion. even though he was under house arrest While the United States should move Numerous respected religious leaders, and under surveillance, Thich Quang toward promoting economic relations including the Most Venerable Thich Do nevertheless welcomed my visit. with Vietnam, we must first address Huyen Quang and the Most Venerable Because of my private visits with the current human rights violations, Thich Quang Do, Father Ly, all of this brave dissident and Le Quang religious persecution, and the social in- these have been under house arrest in Liem, another courageous fighter for justice that is faced by so many in that the last few years. The Venerable freedom, I came to the conclusion that country. Thich Quang Do, 28 of our colleagues in we needed frankly to speak out. What In our support for the economic revi- this House and I signed a letter to the was surprising was how quickly I was talization of Vietnam, we cannot ig- Nobel peace prize people because of the denounced by the government, by the nore these basic human rights. We can- work he has done on behalf of trying to Communist government of Vietnam. not ignore that they go unresolved in stop this religious persecution. That told me something. That told me that country. Although diplomatic and The Patriarch of the Unified Bud- that the Vietnamese Government is trade relations between the United dhist Church, Thich Huyen Quang, has sensitive to international criticism. States and Vietnam have improved in been detained for 21 years, 21 years, in And I think this obliges the United recent years, very little headway has a ruined temple, and Thich Quang Do States to speak out constantly against been made with respect to the rights of has recently been put under house ar- Vietnam’s human rights violations. We people in that country. rest once again simply because he may not always realize it, but protests Madam Speaker, I have the privilege wanted to get his colleague to Saigon by the American Government and the of representing the largest Vietnamese for medical treatment. American people do help the cause of community outside of the country of Contrary to the pretense of the Viet- freedom in Vietnam and elsewhere. Si- Vietnam. They are the parents, sib- namese Government that it has no po- lence I think for us, Madam Speaker, is lings, the children of families who litical or religious prisoners, many Vi- not an option. However, I am afraid that we as a Na- fought communism for 2 decades. etnamese continue to languish in pris- tion have been tepid when it comes to The majority of the people that I rep- ons because of their beliefs. All they challenging human rights abuses in resent feel that the economic relations simply do is say they broke the law. Vietnam. Our last ambassador to Viet- with Vietnam should not be established Well, if the law is to ask for the right nam even went so far as to say, ‘‘I until specific immigration, political to assemble, if the law would be the don’t hear anyone reporting problems and human rights are addressed; and in right to free speech, if the law would be here. Vietnam by any standard has this debate, I am their voice. the right to religious freedom, if it was been rated a success.’’ That is what he On their behalf, I support H.R. 2833, a right to collective bargaining, if it said. By no standard is Vietnam a suc- which links bilateral, non-humani- was a right to own the press or speak cess. Just ask those who were forced to tarian aid to Vietnam’s progress on up in the press, then the laws of that flee their country. Just ask those who human rights. While encouraging eco- country would be correct; but cur- want freedom of speech. Just ask, as I nomic revitalization of Vietnam, it rently all of that is deprived these peo- did, Thich Quang Do or Le Quang will require a climate of freedom and ple in Vietnam. Liem. democracy. Madam Speaker, today I will support Today is our chance to correct the At this point, the Vietnamese Gov- H.R. 2833 because I believe we must mistakes of the previous administra- ernment has not made sufficient keep the pressure on the Government tion and to act against human rights progress. In fact, in the 4 years, now 5 of Vietnam to improve its record on re- abuses in Vietnam. The bill before us years that I have been in Congress, ligious and human rights. today is a good one. The legislation very little progress has been made. It is the United States’ responsi- links human rights as a condition to When we held a human rights hearing bility, the world’s beacon of democ- nonhumanitarian aid to Vietnam, it recently on Vietnam with my other racy, to make certain that the Viet- authorizes assistance to democratic colleagues, we reviewed the United namese Government is making suffi- forces in Vietnam, and it provides addi- States State Department records, and cient progress with the human rights tional funding of Radio Free Asia to they reported that the Vietnamese of their own people before we give them overcome jamming efforts by the Com- Government has made some change, concessions with respect to trade nor- munist government of Vietnam. but their human rights record remains malization. I am particularly supportive of the poor. I urge my colleagues to join me in Radio Free Asia provisions in this act, Moreover, human rights groups re- keeping the spotlight on the Govern- because it should now be more able to port that over the past year the Viet- ment of Vietnam so that it may im- bring objective news, the truth, to the namese Government, in order to avoid prove its political and human rights Vietnamese people. The spread of international criticism, has cracked record. democratic values in Asia is critical to down on political and religious dis- Vote yes to end that religious perse- U.S. security interests. Radio Free sidents by isolating and intimidating cution. Vote yes to promote free speech Asia is a step in the right direction. them through such practices as house and democracy. Vote yes on H.R. 2833. The Vietnamese service airs important arrest and constant surveillance rather Mr. SMITH of New Jersey. Madam programs on issues like democracy and than imprisoning them. Speaker, I yield 3 minutes to the gen- press freedoms, and it tells the Viet- In fact, I myself saw some of this tleman from California (Mr. ROYCE), namese people what the world is say- while I was in Vietnam this past year. the distinguished chairman of the Sub- ing, what this Congress is saying, I was supposed to meet with six of the committee on Africa of the Committee about their repressive government. It leading dissidents on human rights in on International Relations. gives critical moral support to Thich Vietnam. Unfortunately, two were un- Mr. ROYCE. Madam Speaker, I rise Quang Do and Le Quang Liem. We able to make it because of that con- in strong support of the Viet Nam know that these broadcasts are effec- stant watch and the ability to stop Human Rights Act. tive. Why do we know that? Because them. Last year I led a delegation to Viet- the Vietnamese Government spends so The four that I did meet with, Pro- nam to survey the political, social and much time trying to block them. With fessor Nguyen Thanh Giang, General economic situation there in the coun- this bill, that will be a harder task. Tran Do, Mr. Pham Que Duong and Mr. try. During my trip, I paid a visit to I urge its passage. Hoang Minh Chinh, discussed the re- the Venerable Thich Quang Do, who Mr. LANTOS. Madam Speaker, I am strictions. They talked about the ris- was imprisoned there under house ar- delighted to yield 2 minutes to the gen- ing fear that they have because of this rest. He is the leader of the banned tleman from Missouri (Mr. CLAY).

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.022 pfrm01 PsN: H06PT1 H5422 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Mr. CLAY. Madam Speaker, let me I strongly support H.R. 2833, the Viet Vietnam, we spoke a couple of months thank the distinguished gentleman Nam Human Rights Act. I want to con- ago about the gentleman who simply from California for yielding the time. gratulate the gentleman from New Jer- walked across the border because he Today, as we consider improving our sey (Mr. SMITH), the vice chairman of had a sense of concern. A Vietnamese relations with the country of Vietnam, the House Committee on International citizen out of Houston walked across we must not overlook our longstanding Relations, and other cosponsors of this the border in Vietnam trying to ex- commitment to human rights in our comprehensive human rights legisla- press the desire for political freedom. global relationships. In recent months, tion. I thank the gentleman for assisting the Government of Vietnam has sig- Later this afternoon, the House will his family, though we know that he is nificantly increased its suppression of consider a resolution to approve the still incarcerated and his family, of religious and personal freedoms within U.S.-Vietnam Bilateral Trade Agree- course, is suffering greatly in my com- its borders. The regime has imprisoned ment. We are all hopeful that free munity. scores of religious leaders, mostly trade will improve the lives of the Vi- I come here today because I support Christians, who have courageously spo- etnamese people and that it will even- H.R. 2833 because it is important for ken out against their government’s re- tually create irresistible domestic America to know that Vietnam is our pressive actions, and it has caused hun- pressure for human rights and democ- friend. The Vietnamese stood alongside dreds more to flee into Cambodia to racy in Vietnam. In the meantime, of us in the Vietnam War, and those avoid imprisonment. Still other Viet- however, the Vietnamese Government same Vietnamese are now here in our namese religious leaders are currently remains one of the most repressive re- country. They are our friends and under government-ordered house ar- gimes on Earth. Religious persecution, neighbors. They have simply asked us rest, effectively cutting off contact especially of Buddhists and of Evan- to allow the freedom that they experi- with their parishioners and congrega- gelical Protestants, has taken a turn ence in this country to be the same tions. for the worse during the last year. kind of freedom that their friends and In addition to its actions against free Since February, the government has relatives could achieve in Vietnam. expression and religious activities, the engaged in a brutal crackdown against We are friends of Vietnam. There are Vietnamese Government has also con- members of the Montagnard ethnic mi- many of us who lost good relatives and fiscated church properties, where in nority groups who participated in friends in that country. But now, some cases they have turned church peaceful demonstrations seeking the today, this legislation is needed, be- sanctuaries into state-run nightclubs. return of their traditional lands. cause it simply ties to the funding In light of these continued crack- I think it is important, therefore, process a very strong statement: no in- downs on religion, dissidents and mi- that in expanding trade relations we crease in appropriations from the norities, Congress must make it clear avoid sending a message of approval or United States of America until you ad- to the Vietnamese Government that in complacency about Hanoi’s human dress the human rights abuse. order for the U.S. and Vietnam to have rights record. What do I mean by that? The incar- a closer relationship, they must do This bill makes clear that progress ceration of a Catholic priest, who sim- more to improve their human rights towards freedom and democracy will ply wanted to include testimony in the record. continue to be a central theme of U.S. U.S. Commission’s hearing on Inter- The Viet Nam Human Rights Act, foreign policy toward Vietnam. It uses national Religious Freedom; also the H.R. 2833, seeks to establish such forms of leverage other than trade incarceration of the cofounder of the human rights safeguards. H.R. 2833 sanctions to promote this objective, Inter-Religious Council, a leader of the would prohibit any increase in non- such as conditions on nonhumanitarian banned Buddhist church, incarcerated; humanitarian assistance to the Viet- foreign assistance, guarantees that since 1992, the detaining of the Patri- namese Government unless there is U.S. educational and cultural exchange arch 82 year old Mr. Nguyen of the Uni- clear progress on human rights on programs will be open to people who fied Buddhist Church. These people are their part. It would also authorize $2 share our values, and serious efforts to ailing. They are seeking justice, and million to help promote human rights overcome the jamming of Radio Free they are seeking freedom. and democratic change within Vietnam Asia. Madam Speaker, these individuals and support additional Vietnamese ref- I urge a unanimous vote in favor of are simply an example of those who we ugee resettlement. this important human rights legisla- have lost contact with, who because of I urge my colleagues to support H.R. tion. their particular views or their desire to 2833. Mr. LANTOS. Madam Speaker, I am practice their religion without intimi- Mr. SMITH of New Jersey. Madam delighted to yield such time as she may dation, have been lost in the prison Speaker, I ask unanimous consent that consume to my good friend and col- system of the Vietnamese Government, debate time be extended by 10 minutes, league, the gentlewoman from Texas the present Vietnamese Government. equally divided between the gentleman (Ms. JACKSON-LEE), who has been an el- So I would simply say that the from California (Mr. LANTOS) and my- oquent champion of human rights United States has its responsibility to self. across the globe. ensure that the message of freedom, The SPEAKER pro tempore (Mrs. (Ms. JACKSON-LEE of Texas asked the opportunity of equality, most im- BIGGERT). Is there objection to the re- and was given permission to revise and portantly, human rights and religious quest of the gentleman from New Jer- extend her remarks, and include extra- freedom, is promoted to our friends. sey? neous material.) And the Vietnamese community here There was no objection. Ms. JACKSON-LEE of Texas. Madam has exhibited for us a true partnership. Mr. SMITH of New Jersey. Madam Speaker, I thank the distinguished gen- I stand with them in supporting H.R. Speaker, I yield 3 minutes to the gen- tleman from California for his leader- 2833, thanking the gentleman from tleman from Illinois (Mr. HYDE), the ship and the gentleman from New Jer- California (Mr. LANTOS) for his leader- distinguished chairman of the Com- sey (Mr. SMITH) for his leadership on ship and the gentleman from New Jer- mittee on International Relations, who this legislation. sey (Mr. SMITH). has been a forceful advocate for human Clearly, I believe it is important that I am hoping and praying that my rights worldwide, including Vietnam, those of us who may go in the face of neighbor, who is still incarcerated, and is one of the cosponsors of this leg- adversity on issues that may provide a leaving his family in financial destitu- islation. certain degree of contention and ten- tion, can raise his head again in dig- (Mr. HYDE asked and was given per- sion, that we continue to be united nity and come back home. But if I do mission to revise and extend his re- around the question of human rights not stand for him on the floor of the marks.) and the right kind of human rights. House with this legislation, then I Let me thank the gentleman from would say to my friends and colleagues b 1315 New Jersey (Mr. SMITH). The gen- in this Congress, we do a disservice to Mr. HYDE. Madam Speaker, I thank tleman helped me out. Although my those who lost their lives and stood the gentleman for yielding me time. constituent is still incarcerated in alongside of us as brothers as we

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.024 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5423 fought for justice and peace in the I have closely followed the persecution of reli- namese Government to ensure their re- Vietnam War. That, I consider to be a gious leaders, including the Vietnamese gov- turn. war that was for a just cause, and I will ernment’s restriction on church activities. I With these events occurring on a never, never, I will never cease thank- have commended and supported the work of daily basis, it is imperative that the ing those brothers and sisters who courageous individuals such as Catholic priest international community know that served in the Vietnam War from the Father Nguyen Van Ly, a champion for reli- the United States remains committed United States of America. gious freedom in Vietnam. For example, Fa- to improving the human rights situa- Madam Speaker, I rise in support of the ther Ly’s parish bravely planted a large banner tion in Vietnam. The bill we are debat- Vietnam Human Rights Act, HR 2368. with the words ‘‘We Need Freedom or Reli- ing now, H.R. 2833, the Viet Nam Madam Speaker, last year the United States gion’’ on the church property. It should not Human Rights Act, is a positive step signed a sweeping bilateral trade agreement have to be an act of bravery to stand up for forward in that direction. with Vietnam. The World Bank estimates that religious freedom. It should be an assured I urge my colleagues to support this this world increase U.S. imports from Vietnam right. Father Ly also submitted written testi- bill. By passing this resolution, we will by $800 million from last year—a gain of 60 mony for hearing of the U.S. Commission on reaffirm our resolve to help the percent. International Religious Freedom and joined Montagnards, along with other ethnic Madam Speaker, the U.S. State Depart- with other religious leaders in Vietnam to orga- minorities in the same position. The ment’s year 2000 review of human rights in nize an Inter-religious Council to campaign Montagnards fought hard alongside Vietnam noted that Vietnam has made im- peacefully for religious rights. In May, Viet- members of the United States Army provements in its human rights record. Despite namese authorities arrested Father Ly. Special Forces in the war in the North. these improvements, the State Department I have also received dozens of letters from Do not give up the fight for them now. still rated Vietnam as ‘‘proof’’ overall on Vietnamese constituents expressing their own I urge all my fellow Congressmen to vote yes on H.R. 2833. human rights. The State Department noted profound concern over the persecution of Fa- Mr. SMITH of New Jersey. Madam that the Vietnam Government continues to re- ther Ly and of religious leaders from the press basic political freedoms, is intolerant of Speaker, I yield 5 minutes to the dis- Bhuddist Church. I must conclude that these tinguished gentlewoman from Florida dissenting viewpoints, and selectively re- concerns of my constituents are representative (Ms. ROS-LEHTINEN), the chairwoman of presses the religious rights of its citizens. of those of Vietnamese heritage across the In protest of these practices, I voted to dis- the Subcommittee on International Op- nation. More importantly, it is our role as lead- erations and Human Rights who has approve normal trading relations with Vietnam ers of the free world to promote the core val- prior to the recess. By doing so, I did not seek been a very potent and strong force on ues of our human rights. behalf of human rights worldwide, but to disparage the gains Vietnam has made in Mr. SMITH of New Jersey. Madam re-engaging the world. Rather, I hoped my also on behalf of the Vietnamese. Speaker, I yield 4 minutes to the gen- Ms. ROS-LEHTINEN. Madam Speak- vote would cause this body to seek a con- tleman from North Carolina (Mr. er, I thank the gentleman for yielding sistent balance between our trade priorities BALLENGER). me time. and the principles we use to steer this nation. Mr. BALLENGER. Madam Speaker, I Madam Speaker, on behalf of the peo- We cannot continue to hold ourselves out as thank the gentleman for yielding me ple of Vietnam who clamor for democ- a nation of laws and turn our back on our con- time, and also the gentleman from racy and the right to live free of op- victions at every economic opportunity. There- California (Mr. LANTOS) for coming up pression, on behalf of all the faithful fore, I am supportive of the provisions of H.R. with this bill. and religious leaders who have been 2368, because it brings promise for human Madam Speaker, I am fortunate to imprisoned, tortured and subjected to rights reform that is needed in Vietnam. This have many Montagnard tribesmen liv- the most barbaric persecution simply bill establishes a Congressional-Executive ing in my district, so it is a pleasure for exercising their universal rights, as Commission on Vietnamm to monitor the acts today to be able to speak out in favor a refugee from another Communist re- of the Government of Vietnam which reflect of this bill, H.R. 2833. gime, and as chairman of the Sub- compliance with or violation of human rights, Today, we have an opportunity to committee on International Operations in particular those contained in the Inter- send a clear message to Hanoi that and Human Rights, I rise in strong sup- national Covenant on Civil and Political Rights human rights abuses will not be forgot- port of the Viet Nam Human Rights and in the Universal Declaration of Human ten with the passage of a resolution to Act. Rights, the rule of law in Vietnam and the de- codify the trade agreement recently The Vietnamese regime continues to velopment of U.S. programs and activities and negotiated between the U.S. and Viet- systematically violate the human private organizations to increase the inter- nam. Vietnam’s record on human rights, the civil liberties and the reli- change of people and ideas between the rights has remained poor, with very gious freedoms of its people. In March United States and Vietnam. few real improvements. Government of this year, the Vietnamese authori- The bill also prohibits U.S. non-humanitarian crackdowns on religious groups and po- ties prevented the Hoa Hao Buddhist assistance to the Government of Vietnam un- litical dissidents continue today. In a believers from participating in a mass less the President determines and certifies to 1999 State Department report, it said, pilgrimage to their sacred ground. Key Congress that the Government of Vietnam has ‘‘In areas populated by ethnic minori- leaders were arrested or their homes complied with certain human rights require- ties, authorities allow little discretion surrounded by police. Devotees were ments. It directs the Secretary of the Treasury in practicing their faith.’’ threatened or detained on their way to to instruct the U.S. Executive Director of spec- One particular group that bears visit the holy site. Those who were fi- ified international financial institutions to use heavy-handed Hanoi treatment are the nally able to reach the Hoa Hao village the U.S. vote to deny multilateral non-humani- Montagnard people of the Central were met by police and security offi- tarian assistance to Vietnam unless the Presi- Highlands. Since 1975, the Montagnards cials. dent determines and certifies to Congress that have been singled out, in part for their The extent of the human rights viola- such requirements have been met. It author- past assistance to the United States, tions and religious persecution is so izes U.S. assistance for the support of individ- their strong commitment to the Chris- acute that on Tuesday of this week uals and organizations to promote human tian religion, and a traditional way of Amnesty International reported that a rights and nonviolent democratic change in life. Buddhist monk killed himself as a Vietnam. It sets forth U.S. policy with respect In February of 2001, several thousand form of protest for the heinous prac- to overcoming the jamming of Radio Free Asia Montagnard protestors gathered for a tices used by the Vietnamese authori- by Vietnam, U.S. educational and cultural ex- series of peaceful demonstrations ties to usurp the rights of their people change programs to promote freedom and de- throughout the Central Highlands. to practice their religious beliefs. mocracy in Vietnam and the offer of refugee These peaceful demonstrations were Just last night, Hong Kong AFP re- resettlement to Vietnam nationals. forcibly stopped by the Vietnamese ports that a dozen dissidents were de- It is crucial that we do whatever is possible military, using helicopter gunships and tained in dawn raids by Vietnamese au- to ensure that Vietnamm complies with human tanks. In addition, refugees that did es- thorities. After several hours of inter- rights, particularly in connection with its guar- cape to Cambodia are being sought now rogation, they were released with antee of the freedom of religion, association by Hanoi for their return and, in some warnings from security police to stop and expression and its treatment of prisoners. cases, bounties are offered by the Viet- their activities.

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.027 pfrm01 PsN: H06PT1 H5424 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Vietnam uses a maze of laws, decrees This is an issue, especially with the should be very clear that we go on and regulations to prohibit religious trade bill pending later on this after- record today with the support of worship and to justify the arbitrary ar- noon, where we have to make a strong, human rights organizations, the sup- rest, detention, harassment, abuse and cogent statement on behalf of those port of the American Legion, who sub- censorship of those seeking to exert who are persecuted. We must stand mitted an effective letter, which I will their religious liberty and their right with the oppressed and not the oppres- include as part of the RECORD, from to free association. sor. I know some people, and I think it Steve Robertson, the director of the Article IV of the Vietnamese con- is naive, but some people honestly be- National Legislative Commission of stitution, for example, enables the se- lieve if we just engage in trade, some- the American Legion. curity apparatus to enforce an extra- how that will mitigate, and some day I just want to say again how impor- legal administrative decree against end, these egregious abuses. The evi- tant this legislation is and, hopefully, any dissidents under the pretext of en- dence would suggest otherwise. it will pass with a vote as close to dangering national security. The re- Having said that, we have in this leg- unanimous as humanly possible. gime is among the totalitarian or au- islation some very significant mile- Those who vote against this are say- thoritarian regimes specifically re- stones that we call upon the Govern- ing that human rights do not matter, buked by the State Department in its ment of Vietnam to achieve. Among because this has a waiver in it. This legislation has a provision that gives annual reports on religious freedoms these are the release of political and the President the ability to decide and human rights practices. religious prisoners, an expansion of a whether or not waiving a provision, a Earlier this year, the report issued provision of religious freedom which sanction, if you will, is in the national by the U.S. Commission on Inter- allows these Buddhist and Evangelical interest. national Religious Freedom also stated Christians, and so many others being that human rights and religious free- So I strongly support this legislation. repressed at this particular time, to en- It is a bipartisan product. doms are ‘‘severely repressed in Viet- gage freely in the exercise of their reli- nam in a manner common to Com- THE AMERICAN LEGION, gion; and stop the repression of ethnic Washington, DC, July 24, 2001. munist countries in general: through minorities, especially the Hon. CHRISTOPHER SMITH, arbitrarily enforced registration laws, Montagnards, who have suffered a cru- House of Representatives, tightly controlled official organiza- elty that many of us would find abso- Washington, DC. tions and strict limitations on reli- lutely appalling. DEAR REPRESENTATIVE SMITH: The Amer- ican Legion thanks you for authoring H.R. gious activities.’’ Finally, on the issue of trafficking, This same commission created by the 2368, the Vietnam Human Rights Act of 2001. Members may recall I was the prime Congress called on the new administra- The American Legion fully supports this im- sponsor last year of the Victims of tion and on us to factor into the devel- portant legislation which seeks to promote Trafficking and Violence Protection freedom and democracy in Vietnam. opment and implementation of U.S.- Act of 2000. Vietnam has a trafficking The American Legion opposes Normal Vietnam policy the protection of reli- problem. There is some complicity on Trade Relations (NTR) with Vietnam based gious freedom and human rights. It un- on what we believe is less-than-full coopera- the part of the government. derscored the need for the Congress to tion by the Vietnamese government in re- pressure the Vietnamese authorities to b 1330 gard to the accounting of the over 1,900 Americans still missing from the Vietnam ‘‘make substantial improvements in This bill calls upon our own govern- the protection of religious freedoms’’ War. The current state of human rights in ment to make a finding as to whether Vietnam requires as much, if not more, at- and to ‘‘undertake obligations to the or not and to what extent the Govern- tention than normalized trade relations. United States to make such improve- ment’s complicity in trafficking is real Currently, Vietnamese authorities are tar- ments.’’ or whether or not there has been geting many ethnic groups who were faithful It further called on the Congress to progress in ending trafficking. Hope- allies of U.S. forces during the Vietnam War, incorporate Vietnam’s progress in the and denying them their basic human rights. fully, for the sake of those who have The Montagnards of the Central Highlands protection and respect of human rights been abused in modern slavery-like and religious freedoms as part of an an- are just one example. We believe H.R. 2368 conditions, we will see an end to this will help ensure compliance with the Inter- nual review of the normal trade rela- abuse of women and children. national Covenant on Civil and Political tion status for Vietnam. Madam Speaker, as we come to a Rights and the Universal Declaration of The Viet Nam Human Rights Act is close of the debate on this legislation, Human Rights by the Vietnamese govern- an integral component of such a strat- ment. I want to especially thank my good egy, using nonhumanitarian assist- Although trade may be increasing between ance, democracy programs and U.S. friend and my former staff director on both countries, The American Legion does Government broadcasts to support the the Subcommittee on International Op- not believe this will, in any way, guarantee erations and Human Rights which I Vietnam’s speedy transition to democracy. Vietnamese people in their struggle to Continual pressure needs to be applied to the exert their rights as human beings and used to chair, Grover Joseph Rees, who has done an extraordinary job in help- Vietnamese government to treat their citi- as citizens. It sends a clear signal to zens in a fair and equitable manner. the Vietnamese authorities that the ing to shape this legislation. He has Once again, The American Legion fully U.S. Congress is keeping a watchful done great work getting the facts for supports H.R. 2368, the Vietnam Human eye. all of us. We only deal with facts, no Rights Act of 2001. The American Legion ap- As the wife of a proud Vietnam vet- hyperbole, no exaggeration. What is preciates your continued leadership in ad- eran, I ask my colleagues to support the situation on the ground right now? dressing the issues that are important to What is the prognosis for reform, and veterans and their families. this important piece of legislation, and Sincerely, I congratulate the gentleman from New how do we get there? I want to thank Peter Yeo on the STEVE A. ROBERTSON, Jersey (Chairman SMITH) for once Director, National Legislative Commission. again being the forceful leader that he Democratic staff of the Committee on Madam Speaker, I yield any remain- is on the issue of international human International Relations who not only ing time to the gentleman from Vir- rights. serves the gentleman from California ginia (Mr. WOLF). Mr. SMITH of New Jersey. Madam (Mr. LANTOS) so well, but serves the en- Mr. LANTOS. Madam Speaker, I Speaker, I yield myself the balance of tire committee so well, and I want to yield such time as he may consume to my time. thank him for his contributions. the gentleman from Virginia (Mr. Mr. LANTOS. Madam Speaker, I I want to thank Uyen Dinh, in the of- WOLF), my good friend. yield 2 minutes to the gentleman from fice of the gentleman from Virginia (Mr. WOLF asked and was given per- New Jersey. (Mr. TOM DAVIS) who weighed in and mission to revise and extend his re- Mr. SMITH of New Jersey. Madam helped. Also thank to Tom Mooney, the marks.) Speaker, I thank the gentlewoman staff director of the full International Mr. WOLF. Madam Speaker, I rise in from Florida (Ms. ROS-LEHTINEN) for Relations Committee, for all the work strong support of H.R. 2833, the Viet her kind comments and strong support that he and his staff did. This has been Nam Human Rights Act, and I encour- and advocacy for human rights in Viet- a true team effort. This is a bipartisan age my colleagues, as did the gen- nam. effort. The government of Vietnam tleman from New Jersey (Mr. SMITH)

VerDate 31-AUG-2001 00:54 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.029 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5425 and the gentleman from California (Mr. years ago and are now victims of im- tleman from Virginia (Mr. WOLF), the LANTOS), to vote for passage of this prisonment, torture, and death for chairman of the Subcommittee on very important legislation. I want to speaking out against the Communist Commerce, Justice, State and the Judi- applaud the gentleman from New Jer- government abuses. Christians in Viet- ciary, for his very, very strong state- sey, my good friend, for his hard work nam have had their property con- ment. We both got elected back in 1981; and devotion and dedication in bring- fiscated and their leaders imprisoned and we have worked together on ing this legislation to the floor, and and tortured for simply trying to wor- human rights issues all around the the gentleman from California (Mr. ship their God. It should be clear that world, including in Vietnam. It was the LANTOS) for his efforts on not only this, imprisonment, torture, and killing of gentleman’s idea years ago to go to a but on frankly all of the major impor- innocent citizens, based on their reli- gulag called Perm Camp 35, 1,000 miles tant human rights issues that we have gious beliefs by any country, will al- outside of Moscow in the Ural Moun- had before the Congress. I also applaud ways stand in the way of normal rela- tains. There we met with political pris- the bipartisan group of colleagues who tions with the United States. oners who had been abused, who had have cosponsored this piece of legisla- Madam Speaker, H.R. 2833 also tries been tortured, and that meeting and tion. to address the issue of the complicity the subsequent representation that he I would say to the government, is it of the Vietnamese government in se- and I and others made—but he led the too much to ask that the government vere forms of trafficking in human way on that—helped to secure the free- of Vietnam be required to make ‘‘sub- beings. In June of this year, the Con- dom of those individuals. stantial progress’’ toward the releasing gressional Human Rights Caucus We did the same thing in China and of political prisoners, ending religious chaired by the gentleman from Cali- in other places in Asia. He has been all persecution, increasing respect for the fornia (Mr. LANTOS), held a hearing on over Africa. When he speaks—and he rights of ethnic minorities, and elimi- the trafficking of women and children and the gentleman from California (Mr. nating their participation in the traf- into sex markets around the world. One LANTOS) speak with enormous amounts ficking of human beings before they re- of the expert witnesses showed covertly of credibility—on humanitarianism and ceive any further increases in govern- filmed negotiations of girls as young as respect for human rights and respect ment-to-government, nonhumanitarian 7 and 8 years old being sold into sex for life, the gentleman from Virginia assistance from the United States? markets in Vietnam, 7 and 8 years old. (Mr. WOLF), I think, takes a second to These steps should be at a minimum, So as Members come pouring in down no one. the minimum actions taken by any Na- here to talk about the opportunities I do hope Members are listening—and tion who is serious about establishing for trade in Vietnam, think in terms of K Street and some of the lobbyists, and normal relations with the United these young girls, 7 and 8 years old. the government of Vietnam itself, Governments who tolerate or partici- States. which through its embassy has admon- Madam Speaker, H.R. 2833 requires pate in this type of cruel and inhumane ished this Congress not to support this that the President of the United States behavior should never qualify, should legislation. Why? I went to their Web certify that the government of Viet- never qualify for foreign aid or expect site, Madam Speaker, just the other nam make substantial improvements to enjoy Normal Trade Relations with day and looked and they had a state- in the area of human rights. Those of the United States. ment about how religious freedom is It is my hope that the passage of the us who have held hearings and listened respected, it is constitutionally pro- Viet Nam Human Rights Act will send to the heartbreaking testimonies of tected. Then what do they have to a strong message to the government in witness after witness who have endured worry about? This simply says there Hanoi that continued abuses of its citi- the persecution from Hanoi policies has to be ‘‘substantial progress’’ in zens will not lead to an expansion of know that these substantial improve- that area; we are not even saying trade, increases in aid, or normal rela- achievement. We are saying progress; ments are long overdue. Witnesses at- tions with the United States or the rest test that many groups of people in move in the right direction. I would of the Free World. I encourage my col- hope that Members would find it in Vietnam have suffered unending perse- leagues to protect the innocent in Viet- cution since the war ended in 1975, and their hearts to vote for this and say, we nam by voting for H.R. 2833. I am sure are going to give away the store and the persecution has continued. the gentleman from New Jersey and Regarding religious persecution, no have free trade with the hope and ex- the gentleman from California will ask faith, no faith is untouched by Hanoi’s pectation that will lead to a liberaliza- for a rollcall vote on this, I would as- tion of human rights. I do believe that persecution. In January, 42 colleagues sume. But hopefully, hopefully there is naive, but if this is our belief, I do in the House sent a letter to Viet- will be no negative votes against this not know how we cannot support this namese Prime Minister Phan Van Khai so that the message goes into Hanoi of legislation. This is waivable. It pro- expressing concern for the lack of reli- the United States Congress and the vides the President, who we hope will gious freedom and continued persecu- people of the United States Congress, make an honest determination, to de- tion of religious leaders in Vietnam. and so that the people in Hanoi and the cide whether a waiver is in the best in- Catholic bishops, Buddhist monks, people in Vietnam who will wake up to- terests of the tenets that are contained leaders of Christian house churches and morrow and find out that the Congress Muslims have all endured nonstop per- has passed this legislation, take hope within this legislation. Madam Speaker, we want to see real secution by the Communist govern- because of the overwhelming vote. ment in Vietnam since 1975. So again, in closing, I thank the gen- progress. We are tired of words. We want deeds by the government of Viet- Earlier this year, prominent leaders tleman from New Jersey (Mr. SMITH) of the outlawed Unified Buddhist and the gentleman from California (Mr. nam. They are repressing people. They are beating people. They are killing Church of Vietnam, UBCV, the 83-year- LANTOS). I hope this bill passes with 435 old patriarch, Thich Huyen Quang, and votes or, if there is somebody missing, people. That is not hyperbole, that is Thich Quang Do, a Nobel Peace Prize 434 to nothing, because if we really the truth on the ground. There are reli- nominee, were detained and placed want to open up the gulags of Vietnam gious believers such as the Unified under house arrest for what the gov- and allow the Catholic priests and the Buddhist Church, as we mentioned ear- ernment described as ‘‘as a number of bishops and the monks and the lier, and others have mentioned it, who wrongful acts they have recently com- Montagnard people to be heard, and have suffered immeasurably simply be- mitted.’’ This action was followed by stop the sexual trading that has gone cause of their faith. Again, the gen- the detaining of Catholic Father on in the past, the passage of this bill tleman from Virginia was the prime Nguyen Van Ly and a stepped up of- will really do it. sponsor of the International Religious fense against the Montagnard people of Mr. SMITH of New Jersey. Madam Freedom Act, legislation that the pre- the Central Highlands in Vietnam, as Speaker, will the gentleman yield? vious administration did not want and the gentleman from California was Mr. WOLF. I yield to the gentleman then signed. I hope this administration talking about. from New Jersey. does not follow that course as well. Many of the Montagnard are people Mr. SMITH of New Jersey. Madam Embrace human rights. Be real, trans- who fought alongside American troops Speaker, I want to thank the gen- parent, up front.

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.074 pfrm01 PsN: H06PT1 H5426 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Again, I want to thank the gen- As you know, the Committee on the Judici- As a result of the continuing consultation tleman from Virginia (Mr. WOLF) for ary has a jurisdictional interest in this legis- between the Committees on Financial Serv- his very, very strong advocacy. He is a lation, and I appreciate your acknowledg- ices and International Relations, H.R. 2833 champion and someone for whom I ment of that jurisdictional interest. While contains language responsive to the concerns the bill would be sequentially referred to the raised by Members of my committee. There- have a tremendous amount of respect. I Judiciary Committee, I understand the de- fore, I have no objection to allowing the hope my colleagues hear these words sire to have this legislation considered expe- Committee on financial Services to be dis- and will support this legislation. ditiously by the House; therefore, I do not charged from the further consideration of Mr. LANTOS. Madam Speaker, I intend to hold a hearing or markup on this both H.R. 2833 and H.R. 2368. By agreeing to yield myself the remaining time. legislation. waive its consideration of the bill, the Fi- I want to thank all of my colleagues In agreeing to waive consideration by our nancial Services Committee does not waive for their eloquent statements. Earlier Committee, I would expect you to agree that its jurisdiction over either measure. In addi- this year, under the leadership of the this procedural route should not be con- tion, the Committee on Financial Services strued to prejudice the Committee on the Ju- reserves its authority to seek conferees on gentleman from Missouri (Mr. GEP- diciary’s jurisdictional interest and preroga- any provisions of H.R. 2833 that are within HARDT), the Democratic leader in the tives on this or any similar legislation and the Financial Services Committee’s jurisdic- House, a number of us went to Vietnam will not be considered as precedent for con- tion during any House-Senate conference to see on the ground the development sideration of matters of jurisdictional inter- that may be convened on this or related leg- of that country that has suffered so est to my Committee in the future. The islation. much during the long and painful war. Committee on the Judiciary takes this ac- Thank you for your assistance in this mat- We feel for the Vietnamese people. tion with the understanding that the Com- ter. mittee’s jurisdiction over the provisions Sincerely, They are an enormously talented and within the Committee’s jurisdiction is in no hardworking, committed people to MICHAEL G. OXLEY, way diminished or altered, and that the com- Chairman. leading better lives. But we have to mittee’s right to the appointment of con- stand with them, not just in terms of ferees during any conference on the bill is Mr. GILMAN. Madam Speaker, I want to their economic aspirations, but in preserved. I would also expect your support commend Chairman Smith for crafting this im- terms of their aspirations along indi- in my request to the Speaker for the ap- portant bill. I also wish to commend Com- vidual and human rights, rights of reli- pointment of conferees from my Committee mittee Counsel Joseph Rees for his excellent gious freedom, political freedom, press with respect to matters within the jurisdic- work in helping to prepare this comprehensive tion of my Committee should a conference freedom, none of which they enjoy at measure. with the Senate be convened on this or simi- Madam Speaker, the Vietnam Human the moment. This legislation attempts lar legislation. to address those issues. Again, thank you for your cooperation on Rights Act is a landmark initiative that sets out As we open up our relations with this important matter. I would appreciate clear goals and direction for our Nation’s pol- Vietnam, politically and economically, your including this letter in the Congres- icy towards Vietnam. It is an example of the it is critical that this body speaks out sional Record during today’s debate of H.R. sort of policy the State Department should be loud and clear on the issue of human 2833. doing with other repressive governments. rights in Vietnam. I again want to pay Sincerely, Unfortunately, in the past few years, our F. JAMES SENSENBRENNER, Jr., tribute to the gentleman from New government delinked trade restrictions to Chairman. human rights improvement in Vietnam. This Jersey (Mr. SMITH), my friend and col- Mr. OXLEY. Madam Speaker, I rise today in league, who has led us on this issue, action was shortsighted and an insult to the strong support of H.R. 2833, the Viet Nam and I call on all of my colleagues to memory of these American and Vietnamese Human Rights Act. This legislation is an im- vote for this legislation. men and Woman who died during the war at- portant component of our Viet Nam trade pol- Mr. HYDE. Madam Speaker, I submit two tempting to bring about positive change. Their icy. sacrifice to promote democratic governments letters relating to the consideration of H.R. This bill was additionally referred to the 2833, the ‘‘Viet Nam Human Rights Act.’’ in the region must not be forgotten. Committee on Financial Services, which I The Vietnam Human Rights Act will ensure COMMITTEE ON INTERNATIONAL chair, because it contains provisions relating that the State Department puts our Nation’s RELATIONS, to international financial institutions and multi- best foot forward. Accordingly, I strongly urge HOUSE OF REPRESENTATIVES, lateral banking organizations. I am including Washington, DC, September 6, 2001. my colleagues to support it. for the record a letter to the Speaker memori- Hon. F. JAMES SENSENBRENNER, Jr., Mr. LANTOS. Madam Speaker, I Chairman, Committee on the Judiciary, House alizing the cooperation between my committee yield back the balance of my time. of Representatives, Washington, DC. and the Committee on International Relations The SPEAKER pro tempore (Mrs. DEAR JIM: I am writing to you concerning in reaching this important compromise. BIGGERT). All time for debate has ex- the bill H.R. 2833, the ‘‘Viet Nam Human I want to thank the Chairman of the Sub- pired. Pursuant to the order of the Rights Act,’’ which contains legislative lan- committee on International Monetary Policy House of Wednesday, September 5, 2001, guage which may be the subject of a sequen- and Trade, the gentleman from Nebraska (Mr. the previous question is ordered. tial referral of the bill to your committee. BEREUTER) for his hard work, and Chairman The question is on the engrossment From your letter of this date, I understand HYDE and Chairman SMITH for their willingness that you are willing to waive the right to a and third reading of the bill. sequential referral which will permit this to engage the Committee on Financial Serv- The bill was ordered to be engrossed committee to move expeditiously to the ices on matters within its jurisdiction. and read a third time, and was read the floor. Madam Speaker, I urge all of my colleagues third time. I understand that this waiver in no way af- to support this important measure. The SPEAKER pro tempore. The fects your subject matter jurisdiction, and I HOUSE OF REPRESENTATIVES, question is on the passage of the bill. will support appointment of conferees from COMMITTEE ON FINANCIAL SERVICES, The question was taken; and the your committee on these or other related Washington, DC, September 6, 2001. Speaker pro tempore announced that matters within your jurisdiction. Hon. J. DENNIS HASTERT, I appreciate your assistance in this matter. the ayes appeared to have it. Speaker, House of Representatives, Washington, Mr. SMITH of New Jersey. Madam Sincerely, DC. HENRY J. HYDE, DEAR MR. SPEAKER: I am writing with re- Speaker, on that I demand the yeas Chairman. gard to H.R. 2833, the Viet Nam Human and nays. Rights Act, which is scheduled to be consid- The yeas and nays were ordered. HOUSE OF REPRESENTATIVES, ered by the House today. This bill is similar The vote was taken by electronic de- COMMITTEE ON THE JUDICIARY, to H.R. 2368 which was reported by the Com- vice, and there were—yeas 410, nays 1, Washington, DC, September 6, 2001. mittee on International Relations yesterday not voting 19, as follows: Hon. HENRY J. HYDE and additionally referred to the Committee [Roll No. 335] on Financial Services. As you are aware, Chairman, House Committee on International YEAS—410 Relations, U.S. House of Representatives, both bills contain provisions relating to Washington, DC. international financial institutions and mul- Abercrombie Armey Baldwin DEAR HENRY: I write regarding H.R. 2833, tilateral banking organizations which fall Ackerman Baca Ballenger the ‘‘Viet Nam Human Rights Act,’’ which within the jurisdiction of the Committee on Aderholt Bachus Barcia Akin Baird Barr was referred to the Committee on Inter- Financial Services pursuant to clause 1(g) of Allen Baker Barrett national Relations, the Committee on Finan- rule X of the Rules of the House of Rep- Andrews Baldacci Bartlett cial Services, and the Committee on Rules. resentatives.

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.075 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5427 Barton Ferguson LaTourette Ros-Lehtinen Skelton Tierney respect to the products of the Socialist Bass Filner Leach Ross Slaughter Toomey Becerra Flake Lee Rothman Smith (MI) Towns Republic of Vietnam, and ask for its Bentsen Fletcher Levin Roukema Smith (NJ) Turner immediate consideration. Bereuter Foley Lewis (CA) Roybal-Allard Smith (TX) Udall (CO) The Clerk read the title of the joint Berkley Forbes Lewis (GA) Royce Smith (WA) Udall (NM) resolution. Berman Ford Lewis (KY) Rush Snyder Upton The text of House Joint Resolution 51 Berry Fossella Linder Ryan (WI) Solis Velazquez Biggert Frelinghuysen LoBiondo Ryun (KS) Souder Visclosky is as follows: Bilirakis Frost Lofgren Sabo Spratt Vitter H.J. RES. 51 Bishop Gallegly Lowey Sanchez Stark Walden Resolved by the Senate and House of Rep- Sanders Stearns Walsh Blagojevich Ganske Lucas (KY) resentatives of the United States of America in Blumenauer Gekas Lucas (OK) Sandlin Stenholm Wamp Blunt Gephardt Luther Sawyer Strickland Waters Congress assembled, That the Congress ap- Boehlert Gibbons Maloney (CT) Saxton Stump Watkins (OK) proves the extension of nondiscriminatory Boehner Gilchrest Maloney (NY) Schaffer Stupak Watson (CA) treatment with respect to the products of Bonilla Gilman Manzullo Schakowsky Sununu Watt (NC) the Socialist Republic of Vietnam trans- Bonior Gonzalez Markey Schiff Sweeney Waxman mitted by the President to the Congress on Bono Goode Mascara Schrock Tancredo Weiner June 8, 2001. Borski Goodlatte Matheson Scott Tanner Weldon (FL) Boswell Gordon Matsui Sensenbrenner Tauscher Weldon (PA) The SPEAKER pro tempore. Pursu- Boucher Goss McCarthy (MO) Serrano Tauzin Weller ant to the order of the House of Boyd Graham McCarthy (NY) Sessions Taylor (MS) Wexler Wednesday, September 5, 2001, the gen- Shadegg Taylor (NC) Whitfield Brady (PA) Granger McCollum tleman from California (Mr. THOMAS) Brady (TX) Graves McCrery Shaw Terry Wicker Brown (FL) Green (TX) McDermott Shays Thomas Wilson and a Member opposed to the joint res- Brown (OH) Green (WI) McGovern Sherwood Thompson (CA) Wolf olution each will control 1 hour. Brown (SC) Greenwood McHugh Shimkus Thompson (MS) Woolsey Shows Thornberry Wu Is there a Member opposed to the Bryant Grucci McInnis joint resolution? Burr Gutierrez McIntyre Shuster Thune Wynn Burton Gutknecht McKeon Simmons Thurman Young (FL) Mr. MCNULTY. Madam Speaker, I Simpson Tiahrt Buyer Hall (OH) McKinney claim the time in opposition to the Skeen Tiberi Callahan Hall (TX) McNulty joint resolution. Calvert Hansen Meehan NAYS—1 The SPEAKER pro tempore. The gen- Camp Harman Meeks (NY) Cannon Hart Menendez Paul tleman from New York (Mr. MCNULTY) Cantor Hastings (WA) Mica NOT VOTING—19 will control 60 minutes. Capito Hayworth Millender- The Chair recognizes the gentleman Capps Hefley McDonald Conyers Horn Portman Crane Jones (NC) Sherman from California (Mr. THOMAS). Capuano Herger Miller (FL) Mr. THOMAS. Madam Speaker, I ask Cardin Hill Miller, Gary Davis (IL) Kaptur Traficant Carson (IN) Hilleary Miller, George Frank Lipinski Watts (OK) unanimous consent to yield one-half of Carson (OK) Hilliard Mink Gillmor Meek (FL) Young (AK) my time to the gentleman from Michi- Hastings (FL) Mollohan Castle Hinchey Moore gan (Mr. LEVIN), and that he be per- Chabot Hinojosa Moran (KS) Hayes Oxley Chambliss Hobson Moran (VA) mitted to yield time as he sees fit. Clay Hoeffel Morella b 1407 The SPEAKER pro tempore. Is there Clayton Hoekstra Murtha So the bill was passed. objection to the request of the gen- Clement Holden Myrick The result of the vote was announced tleman from California? Clyburn Holt Nadler There was no objection. Coble Honda Napolitano as above recorded. Collins Hooley Neal A motion to reconsider was laid on Mr. THOMAS. Madam Speaker, I Combest Hostettler Nethercutt the table. yield myself such time as I may con- Condit Houghton Ney Stated for: sume. Cooksey Hoyer Northup House Joint Resolution 51, as appro- Costello Hulshof Norwood Mr. WATTS of Oklahoma. Madam Speaker, priate with its title, deals with a trade Cox Hunter Nussle on rollcall No. 335 I was unavoidably detained. Coyne Hyde Oberstar agreement with the Socialist Republic Had I been present, I would have voted ‘‘yea’’. Cramer Inslee Obey of Vietnam. This is the most com- Mr. HAYES. Madam Speaker, I was unable Crenshaw Isakson Olver prehensive trade agreement with a Crowley Israel Ortiz to be present for rollcall vote 335 due to my nonmarket economy country that the Cubin Issa Osborne recovery from hip surgery. Had I been Culberson Istook Ose United States has ever entered into. present, I would have voted ‘‘yea’’ on rollcall Cummings Jackson (IL) Otter That is why I want to underscore that Cunningham Jackson-Lee Owens 335. Davis (CA) (TX) Pallone it is with the Socialist Republic of Davis (FL) Jefferson Pascrell f Vietnam. Davis, Jo Ann Jenkins Pastor REMOVAL OF NAME OF MEMBER Normal trade relations used to be Davis, Tom John Payne called Most Favored Nation treatment, Deal Johnson (CT) Pelosi AS COSPONSOR OF H. CON. RES. DeFazio Johnson (IL) Pence 144 and frankly, it was a misnomer; most DeGette Johnson, E. B. Peterson (MN) nations receive Most Favored Nation Delahunt Johnson, Sam Peterson (PA) Mr. PICKERING. Madam Speaker, I treatment. And so a few years ago we DeLauro Jones (OH) Petri ask unanimous consent that my name DeLay Kanjorski Phelps appropriately changed the termi- DeMint Keller Pickering be withdrawn as cosponsor from H. nology. I think, therefore, if we are Deutsch Kelly Pitts Con. Res. 144. asking that we have normal trade rela- Diaz-Balart Kennedy (MN) Platts The SPEAKER pro tempore (Mrs. tions with the Socialist Republic of Dicks Kennedy (RI) Pombo BIGGERT). Is there objection to the re- Dingell Kerns Pomeroy Vietnam, who do we not have normal Doggett Kildee Price (NC) quest of the gentleman from Mis- trade relations with? And in this part Dooley Kilpatrick Pryce (OH) sissippi? of the world, in the Far East, there are Doolittle Kind (WI) Putnam There was no objection. Doyle King (NY) Quinn basically two nations that do not enjoy Dreier Kingston Radanovich f normal trading relations with the Duncan Kirk Rahall United States. Those are Laos and Dunn Kleczka Ramstad APPROVING EXTENSION OF NON- North Korea. All other countries in the Edwards Knollenberg Rangel DISCRIMINATORY TREATMENT Ehlers Kolbe Regula Far East enjoy this status. Ehrlich Kucinich Rehberg WITH RESPECT TO PRODUCTS OF The idea of having a bilateral trade Emerson LaFalce Reyes THE SOCIALIST REPUBLIC OF agreement with the Socialist Republic Engel LaHood Reynolds VIETNAM English Lampson Riley of Vietnam in a comprehensive way al- Eshoo Langevin Rivers Mr. THOMAS. Madam Speaker, pur- lows us to deal with access in areas of Etheridge Lantos Rodriguez suant to the previous order of the industrial and agricultural goods, in Evans Largent Roemer House, I call up the joint resolution services, in intellectual property Everett Larsen (WA) Rogers (KY) Farr Larson (CT) Rogers (MI) (H.J. Res. 51) approving the extension rights, in investment, and in the trans- Fattah Latham Rohrabacher of nondiscriminatory treatment with parency of all of those activities.

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.013 pfrm01 PsN: H06PT1 H5428 CONGRESSIONAL RECORD — HOUSE September 6, 2001 b 1415 Balanced Budget and Emergency Deficit Most of all, continued engagement maxi- It is a trade agreement that will Control Act. Accordingly, H.J. Res. 51, which mizes U.S. influence over the pace and direc- would reduce revenues, will be subject to the tion of Vietnam’s reforms, allowing our voice allow us to continue to improve the re- pay-as-you-go requirement. The Administra- lations between one of the fastest tion will work with Congress to ensure that to be heard as Vietnam determines its future. growing countries, both in terms of any unintended sequester of spending does And a strong Vietnam matters to America. It population and in terms of economy, in not occur under current law or the enact- matters because history has proved that we Southeast Asia. ment of any other proposals that meet the pay a heavy price for instability in Southeast Madam Speaker, I would place in the President’s objectives to reduce the debt, Asia. RECORD a Statement of Administration fund priority initiatives, and grant tax relief I urge you to vote yes for H.R. 51. Policy with regard to H.J. Res. 51. to all income tax paying Americans. Madam Speaker, I reserve the bal- This statement says, ‘‘The adminis- Mr. THOMAS. Madam Speaker, the U.S.- ance of my time. tration supports H.J. Res. 51 which Vietnam Bilateral Trade Agreement marks a Mr. MCNULTY. Madam Speaker, I would approve the extension of non-dis- milestone in the strengthening of our bilateral ask unanimous consent that half of my criminatory, i.e., normal trade rela- relations. This agreement is a sensible and time be yielded to the gentleman from tions treatment for products of Viet- necessary step. Vietnam has emerged as one California (Mr. ROHRABACHER) and that nam.’’ of Southeast Asia’s more promising econo- he be permitted to allocate that time The closing of the paragraph says mies, and it has the potential to be a strong as he sees fit, and that, further, I be that ‘‘the Bilateral Trade Agreement’s trading partner for America. permitted to yield the time that I have entry into force completes a normal- Continued engagement with Vietnam must remaining. ization process that has spanned four lie at the core of our relationship. It has al- The SPEAKER pro tempore (Mrs. administrations. Completion of this ready produced concrete results in terms of BIGGERT). Is there objection to the re- process will facilitate important bilat- the achievement of U.S. policy objectives, quest of the gentleman from New eral engagement on other issues of con- such as the fullest possible accounting of U.S. York? cern.’’ servicemen missing in action and resolution of There was no objection. EXECUTIVE OFFICE OF THE PRESI- remaining emigration cases. Mr. MCNULTY. Madam Speaker, I DENT, OFFICE OF MANAGEMENT This trade agreement—the product of many yield myself such time as I may con- AND BUDGET, years of bipartisan effort—will allow this en- sume. Washington, DC, September 6, 2001. gagement to continue, offering us the oppor- Madam Speaker, I rise in opposition STATEMENT OF ADMINISTRATION POLICY tunity to promote significant change in Viet- to H.J. Res. 51, a resolution approving (This statement has been coordinated by the U.S.-Viet Nam Bilateral Trade OMB with the concerned agencies) nam’s trade and economic policies, enhancing both internal reform and regional stability. It Agreement. H.J. Res. 51—Approving the Extension of commits Vietnam to the core principles of a As my colleagues know, this debate Normal Trade Relations Status for Viet- is no longer about the limited use of nam)—(Rep. Armey (R) TX and 2 cospon- market economy: open goods and services sors) markets, expanded rule of law, and broader issue of whether Vietnam should be eli- The Administration supports H.J. Res. 51, economic freedoms. gible to participate in U.S. credit and which would approve the extension of non- You get off the plane in Vietnam and sense credit guarantee programs, which I discriminatory, i.e., Normal Trade Relations immediately the profound changes that inter- also oppose at this time. Approval of (NTR), treatment for the products of Viet- action with the world at large has already this resolution would allow Vietnam to nam. be eligible to receive normal trade re- The Administration has continued to work brought. Vietnam moves at a vibrant pace. Its with Vietnam to incrementally normalize streets teem with new enterprises alongside lation status, or NTR, on an annual our bilateral political, economic, and con- the old. Young entrepreneurs sell modern basis similar to what China had for the sular relationship. U.S. engagement helps electronic goods beside ancient shopkeepers last 20 years. promote the development of a prosperous and purveyors of hand-painted bowls. Joint I also believe, Madam Speaker, that Vietnam and integrates it into world mar- ventures create modern factories where re- this debate is about something much kets and regional organizations, which, in more important. As I said last year, I turn, helps contribute to regional stability. mote rice paddies once lay. In addition, U.S. involvement has secured But Vietnam is a work in progress. Its com- do not oppose the eventual normaliza- Vietnamese cooperation and engagement on mitment to reform has been tested by two tion of relations with Vietnam, but I a range of important U.S. policy goals, in- years of slow economic growth following an do oppose declaring business as usual cluding achieving the fullest possible ac- extended period of strong improvement. The when the remains of American service counting of POW/MIAs from the Vietnam economy is now recovering, but that recovery personnel are still being recovered. Ac- War. U.S. engagement also gives hope of pro- remains fragile. cording to the Department of Defense ducing gains in respect for human rights as Prisoner of War Missing Personnel Of- well. The country leapt toward a market economy The U.S. has extended a Jackson-Vanik in the last 1980s, and its GDP doubled in the fice, we are receiving newly discovered waiver to Vietnam for the past 3 years. This ’90s, making it one of the fastest growing remains on a fairly frequent basis. waiver, which is a prerequisite for NTR trade economies in the world with 7.6 percent In the most recent joint field activity status, has permitted U.S. businesses oper- growth over the last decade. accounting which concluded on August ating in Vietnam to make use of U.S. Gov- In a country where official per capita GNP 7, 2001, just 4 weeks ago, Madam Speak- ernment programs supporting U.S. exports er, the remains of five more American to and investments in Vietnam. U.S. busi- hovers at $370, poverty is declining sharply as ness views Vietnam the thirteenth most pop- a direct result of the government’s recognition military personnel were identified. ulous country in the world, as an important of the value of market forces. They will be formally repatriated in potential market. Vietnam’s ongoing commitment to structural the next few weeks. Two of the identi- On June 8th, President Bush submitted the reform has laid the path for this continuing re- fied are unilaterals meaning the Viet- U.S.-Vietnam Bilateral Trade Agreement covery. But its economic promise has yet to namese simply handed over the re- (BTA) to Congress for its approval as part of be fulfilled. The bilateral trade agreement and mains. In my opinion, this indicates extending NTR to Vietnam. This BTA binds that the Vietnamese government has Vietnam to an unprecedented arrays of re- American engagement will help move Vietnam forms, including tariff reductions for key toward fulfillment of that promise. Its exports more information about our missing U.S. exports, elimination of non-tariff bar- to the U.S. are expected to more than double personnel. riers, intellectual property rights protection, once the agreement is in place, helping to cre- My question, Madam Speaker, is this: market access for American service indus- ate jobs and raise living standards. Cannot we just wait until this process tries, protections for American investors, Just as important, what does the agreement is completed? and mechanisms to promote the rule of law. mean for the U.S.? I have stated before on this floor, The BTA’s entry into force completes a Madam Speaker, the story of my fam- normalization process that has spanned four First, American business gets greater ac- Administrations. Completion of this process cess to Vietnam’s market of almost 80 million ily as it relates to Vietnam. On August will facilitate important bilateral engage- people, as well as lower tariffs on U.S. goods. 9 of 1970, my brother, Bill, HM–3 Wil- ment on other issues of concern. The agreement also reinforces Vietnam’s liam F. McNulty, was killed in Viet- PAY-AS-YOU-GO SCORING full commitment to cooperate in accounting for nam. He was a Navy medical corpsman Any law that would reduce receipts is sub- the remaining American servicemen still miss- transferred to the Marines. He spent ject to the pay-as-you-go requirements of the ing in action. his time patching up his buddies, and

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.037 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5429 one day he stepped on a land mine and shortcomings. One of those relates to issue. It is part of the trade equation. I lost his life. That was a tremendous the failure to address labor market refer to a letter that was sent by Sen- loss to the members of our family. I issues. Several years ago, a number of ator LOTT and a number of other Sen- can tell my colleagues from personal us urged our Ambassador in our admin- ators and House Members to Mr. experience that while the pain may istration to address these issues. As we Zoellick on February 9, 2001. It is just subside, it never goes away. review the chronology that was sent to one example of how labor market There is a difference between what us by the former Ambassador, Pete Pe- issues are relevant to the trade and the McNulty family went through and terson, it is clear that the embassy and competitive equation. I quote from this what an MIA family goes through be- the administration attempted to move letter. ‘‘We are concerned about im- cause Bill’s body was returned. We had the ball in terms of labor market ports from Vietnam of an Asian-type a wake and a funeral and a burial. issues. And I will not relate the entire catfish displacing U.S. farm-raised cat- What we had, Madam Speaker, was history of it, but it included involve- fish in the U.S. and world market. some closure. I can only imagine what ment of OPIC, of the AFL–CIO, of ‘‘Most of the fish from Vietnam are the family of an MIA has gone through teams from the AFL–CIO under OPIC grown in floating cages under the fish- over these past several decades. auspices, to discuss worker-rights ermen’s homes under the Mekong River Madam Speaker, until there is a issues within Vietnam. Delta. Vietnam can produce these fish more complete accounting for those We urged that the administration at a much lower cost because of cheap missing in action, I will propose that and the Ambassador go further, and I labor and very loose environmental my colleagues vote against NTR for think in part because of that there was regulations for ponds, therapeutics and Vietnam. a Memorandum of Understanding that feed.’’ Madam Speaker, I reserve the bal- was reached with the Vietnam Govern- The letter continues, ‘‘It is our hope ance of my time. ment that provided for technical as- that as the USTR, you will keep our Mr. LEVIN. Madam Speaker, I yield sistance, including by the ILO regard- concerns foremost in mind when you myself such time as I may consume. ing labor market issues. meet with top Vietnamese trade offi- Madam Speaker, clearly our relation- However, those are provisions for cials. It is essential that we take every ships with Vietnam represents a major technical assistance. And the question action possible to preserve the U.S. challenge. There is the troubled past, remains as Vietnam goes further, what catfish industry.’’ and the gentleman from New York (Mr. efforts will be made not only to free up Another example is the agreement MCNULTY) has once again reminded all their capital markets but also to free that was negotiated with Cambodia re- of us here in the Nation of that past. up their labor markets. garding the textile and apparel indus- In July of this year, a letter was sent The present reality is, as the chairman try. I refer to an article of July 12, 2001, by the gentleman from New York (Mr. has indicated, we are dealing in rela- in the New York Times, and I urge that RANGEL) and Senator BAUCUS, Chair- tionships with an economy and a soci- everybody read this article if they have ety still controlled by a single political man of the Senate Committee on Fi- nance, and myself to the Ambassador any doubt about the importance of entity. So the question in facing this labor market issues in our relation- major challenge is how do we respond. saying the following: ‘‘Since the BTA was signed last year, we have been ships in our competition. This article I think we are struggling once again talks about this negotiation, about the for a formula that combines engage- working to ensure that as we move for- ward in strengthening the U.S.-Viet- efforts by Cambodia to adopt a labor ment and pressure. The bill that we code with the help of the AFL–CIO and just passed reflects the need for pres- nam economic relationship, we also move forward to advance the issue of the ILO. I quote, ‘‘The incentive to im- sure from this country on the country labor standards in Vietnam. Vietnam prove working conditions and permit of Vietnam. has taken some steps in that regard, unions has come from Washington What has happened in terms of en- where in 1998 trade negotiators were gagement is, more or less, this: we are including by signing a Memorandum of Understanding on labor issues with the preparing to put quotas on fast-grow- dealing with a large nation of over 80 United States last November. However, ing Cambodian garment imports. Amid million people. As some progress was more should be done. pressure from American unions and made in 1994 regarding POW/MIA’s, the ‘‘To that end, we urge the adminis- public opinion, the Clinton administra- embargo was lifted. In 1995 diplomatic tration to include a positive incentives tion pushed Cambodia to accept un- relationships were established. At that labor provision in the eventual U.S.- precedented conditions. If Washington time, there was the beginning of nego- Vietnam bilateral textile and apparel decided in an annual review that its in- tiations for a bilateral trade agree- agreement. This approach would pro- dustry was in substantial compliance ment. These negotiations went on for vide incentives for Vietnam to take ad- with Cambodian labor law and inter- several years. They were finalized ditional, concrete measures to national standards, it would raise Cam- within a few years, by 1997. strengthen adherence to core labor bodia’s quota by 14 percent.’’ As the gentleman from California rights and would reward Vietnam with b 1430 (Mr. THOMAS) indicated, this agree- tangible, commercial benefits as it ment has some very major ingredients, continues to strengthen labor stand- This article describes how it is an un- and I think basically positive ingredi- ards. even picture, but I think it is basically ents in terms of our national interest: ‘‘We encourage the administration to clear that with the help of this provi- market access for industrial and agri- make clear its intent to pursue a labor sion in the textile agreement there has cultural goods; protection of intellec- provision in the textile and apparel been improvement in the ability of tual property rights; market access for agreement as the BTA resolution workers in Cambodia to associate, to services on a broad basis, assuming moves through the Congress. We know represent themselves, and to get a they are enforced in a country with a that a number of Members of Congress piece of the action. weak rule of law; investment provi- share our belief that addressing these So this is what I want to make clear. sions; and also, very importantly, some concerns will strengthen the bipartisan As we did in Cambodia, as was done in transparency provisions to try to support necessary for prompt congres- the Jordan agreement, as was done in strengthen the rule of law within Viet- sional approval of the BTA, and will the CBI agreement, it is important nam. represent positive action on trade leg- that labor market issues be part and So here we are today considering nor- islation.’’ parcel of trade negotiations. mal trade relations as a result of this The response we received some weeks There is going to be an annual review trade agreement. We have waived ago from Mr. Zoellick on behalf of the of Vietnam and its progress; and I want Jackson-Vanik several times now, and administration was disappointing, es- everybody to know that for myself and that allowed an agreement to provide sentially noncommittal, so I want to many, many other members, we will be certain economic support for our busi- say just a few things rather quickly watching this administration. We will nesses. about the labor provision. be watching Vietnam to see, if and Madam Speaker, I support this agree- Number one, there is no use of call- when there is an apparel and textile ment, realizing and pointing out its ing it a social issue. It is an economic agreement, there is due consideration

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.039 pfrm01 PsN: H06PT1 H5430 CONGRESSIONAL RECORD — HOUSE September 6, 2001 of labor market issues as there was breaking relations or isolating Viet- their own money and our banks cer- with the Cambodia agreement and in nam. That is not what this debate is tainly will not give them a loan, unless other trade agreements. about. This will not in any way, no the taxpayers guarantee it. I consider it to be not a social issue matter how we vote, break our rela- That is bad business, and it is also alone. It is clearly an economic issue tions with Vietnam. We will not be iso- contrary to American values. If we and indispensable issue. How we handle lating Vietnam. really do believe in democracy and this can be basis for disagreement but People will still be free to trade. human rights, it is contrary to our val- not whether it is relevant. Americans can still go over there and ues. If we are going to be using tax- So I urge support within that state- sell their goods and services, and so it payer dollars to guarantee loans so ment, within these circumstances for is not about whether or not we are that American businessmen can do this agreement, while I also indicate going to have relations or isolate Viet- business in a foreign country, and I do that we have to be vigilant. As we are nam. It is not about whether American not think we should even be doing it in human rights through the agree- companies can sell their products anywhere, but if we do, at the very ment or the resolution we just passed, there, because there will be no law in least it should be with democratic we have to be vigilant that as our rela- the United States preventing that. countries. And by insuring these loans tionship with Vietnam unfolds, it So what is this bill all about? I have and insuring this type of an incentive broadens in a way that makes sense in repeated this on numerous occasions for American businessmen to go use terms of Vietnam, in terms of its abil- because we have studied this trying to that slave labor, we are not only hurt- ity to progress; but that we, as these find what other reason a bill like this ing our own people, we are hurting gov- relationships unfold, take into account has such momentum in Congress. ernments and people like who are in the full economic competitive picture. This bill is about whether or not the Philippines. American businessmen who want to Madam Speaker, I reserve the bal- In the Philippines they are strug- build factories in Vietnam to exploit ance of my time. gling to have democratic government. the near slave labor there and the lack Mr. ROHRABACHER. Madam Speak- They have got opposition newspapers. of labor rights that they have in Viet- er, I yield myself such time as I may They have got opposition parties. They nam, whether or not those American consume. have trouble with keeping a truly businessmen will be eligible for tax- Madam Speaker, I rise in strong op- democratic system because of corrup- payer subsidies or loan guarantees so position to the bilateral trade agree- tion there. But there are honest people that they can set up their factories ment with the Communist government who want to have democratic govern- over there, literally putting American of Vietnam. ment in the Philippines. What are we Madam Speaker, we just had a vote workers out of work and setting up fac- doing? Instead of encouraging our busi- in this body of 410 to 1 reconfirming tories to exploit the near slave labor of nessmen to go to the Philippines, a that we believe that human rights in this Communist tyranny in Vietnam country that loves us, we are sub- Vietnam is something of importance to done with American taxpayer subsidies sidizing our businessmen to plant fac- the people of the United States. and guaranteed loans through the Ex- tories in a Communist dictatorship. I would submit that large votes like port-Import Bank and other inter- This makes no sense. No wonder why that, being followed by basically agree- national financial institutions that are the dictators of the world do not be- ing to a treaty to treat the Communist supported by the taxpayer. lieve us when we pass 410–1, a resolu- government of Vietnam the same way This is a travesty. I do not know any- tion claiming that we believe in human we treat economically democratic body who can really defend that policy. rights and that it is important to us. countries of not only that region but But, as I have presented the case, those throughout the world, is one reason people on the other side have refused to Let me talk about one last element why, number one, the dictators of the even acknowledge this part of the de- here, and I appreciate the gentleman world do not pay attention to us and bate. And over the years, even though from New York (Mr. MCNULTY) yield- think that we are being either frivo- I have made this charge over and over ing me the time that he has and the lous or lying about our commitment to again, no one seems to even comment points that he made about American human rights. on it, the people who are advocating POWs in Vietnam. This is an important It also is a disheartening factor for from the other side. I would like to point. I have been in Vietnam numer- people who live under tyranny, because hear the proponents of this trade ous occasions. I took this personally those people who live under tyranny, agreement tell me why it is a good upon myself. their only hope for many of these peo- thing for the American taxpayers, our My chief staff member here, Al ple who live under tyranny is the com- working people, to be taxed in order to Santoli, was wounded three times in mitment by the people of the United subsidize and guarantee loans to Amer- Vietnam. I was not in the military, but States of America to try to make this ican businessmen so they can build fac- I spent time in Vietnam during the war a better world. tories over there which will produce in 1967 doing political work there; and These types of contradictions be- goods that will compete with the jobs so I have over these last 30 years had a tween human rights, but giving pre- of the American people over here. I personal interest and have gone back cisely the same trade rights and eco- want to hear a comment on that. I many times, as has Mr. Santoli, to nomic rights to these vicious dictator- would hope that my colleagues who are Vietnam. ships as we do to democracies, is very supporting this trade agreement will at The idea that the Communist regime disillusioning to most of the free peo- least take that into consideration. So in Vietnam has in good faith cooper- ple of the world who struggle for de- we are extending American tax dollars ated with us on the POW issue is a mocracy. to subsidize and insure the businesses fraud. It is not true. There is no basis I urge my colleagues to vote no on going into a Communist dictatorship. to it. They have exploited the POWs this Vietnam bilateral trade agree- This is bad business, for one thing, search since day one. Even to this day ment. Let us remember, as we have because the reason they need the gov- they are charging the American Gov- just stated in the last debate, during ernment to guarantee, meaning our tax ernment a million dollars every time the last 12 months, despite presidential dollars, to guarantee their investments we go out and try to search for some waivers, the Communist regime has ac- over there is that it is a risky propo- bones. What they have done is rel- tually increased its brutal repression of sition to invest in a dictatorship. And egated our search for justice and our religious clergy, advocates of democ- it is especially risky to invest in Viet- search for real truth about what hap- racy and ethnic tribal minorities, nam. It is a risky thing, because when pened to our POWs to a search for many of whom were actually loyal to you do not have really the rule of law bones which they give up every now the United States during the war. working in a country and it is a dic- and then. The fact is that there were What does voting against this agree- tatorial regime, they can have their over 200 Americans last seen in cap- ment really do, and what are we talk- property confiscated. Many American tivity, alive and in captivity, in Com- ing about? What will happen with this businessmen have already fled Viet- munist hands that were never ac- agreement? We are not talking about nam. But they will not invest with counted for. Since that time, during

VerDate 31-AUG-2001 00:05 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.041 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5431 this supposed cooperation, the Govern- we will be striking a blow for peace. First of all, all of us express contin- ment of North Vietnam has done noth- Ronald Reagan never provided most-fa- ued regret about the loss of American ing that will help us determine what vored-nation status for the Soviet lives in Vietnam and treatment that happened to those 200 men. Union. And the Soviet Union fell apart, Americans received during that war. I have repeatedly asked during this and we have a chance for true demo- Some of those very same individuals debate, during trips to Vietnam in cratic government there today. Let us have been and are Members of the which I talked directly to the leaders do the same thing in China, and let us United States Congress. of North Vietnam, I asked for the do the same thing in Vietnam. Let us b 1445 records of the prisons in which Amer- do the same thing with dictatorships ican POWs were held during the war. around the world. Let us let America The stories that they tell are ones Why? Because if we get those records, be a shining light of hope of liberty and that truly depict a very difficult and we can find out exactly who was in the justice for all. troubled time. I do believe, however, prison, how many people were kept Madam Speaker, I reserve the bal- that we can make a relatively firm there, how much food was bought be- ance of my time. statement that a no vote on this meas- cause they had the number of prisoners Mr. LEVIN. Madam Speaker, I yield ure will not increase our ability to and we can determine if there is a dif- such time as he may consume to the work with the Vietnamese for the full- ference between the number released gentleman from Washington (Mr. est possible accounting of missing Americans. and the number that they were taking MCDERMOTT). I also want to respond briefly to my care of during the war. What have I (Mr. MCDERMOTT asked and was given permission to revise and extend colleague from Michigan about the been told? ‘‘Oh, those records aren’t question of a lack of a labor agreement available. They were destroyed in B–52 his remarks.) Mr. MCDERMOTT. Madam Speaker, I in this particular provision. The last raids near the end of the war.’’ administration, in November of 2000, Well, baloney. The Communist re- rise in support of the resolution. entered into a very specific labor gimes throughout this world have been There has been such a long period now be- agreement with the Socialist Republic noted time and again for the fact that tween our war on Vietnam and now that I of Vietnam. I might underscore that Communists keep such incredible think it is only appropriate to have a trade agreement which symbolizes how far our two they are no longer on my map as a records. They keep records of every- countries have come. North Vietnam and a South Vietnam. thing. When they have meetings of It was not very long ago that President There is a Socialist Republic of Viet- their central committee, they keep in- Carter and President Ford were unable to es- nam. tricate notes. They did not throw away tablish any kind of relationship with Vietnam, That agreement, which was an- those records. They were not burned by accordingly, the first Bush Administration got nounced on November 17, 2000, was a B–52 raids. They will not give them to more positive responses to their attempts to United States and Vietnam agreement us because it indicates that they kept begin a new relationship. This set the stage on labor cooperation. The press release Americans after the war. Now, why for President Clinton in 1994 to order the lift- issued by the last administration stat- with a regime like this are we going to ing the trade embargo against Vietnam. The ed, in the Secretary of Labor’s words, give our businessmen subsidies to in- following year the two countries established ‘‘This is a significant step in estab- vest over there and create jobs over ambassadorial-level diplomatic relations. And lishing labor issues as an important there, exploiting their slave labor? former Congressman Peterson who had been component of our overall relationship This is ridiculous. held as a POW in Vietnam was sent as our with Vietnam. In fact, more than $3 I would hope that we can see an evo- first ambassador. I think it says a lot about the million in technical assistance is being lution in Vietnam. The people of Viet- need for healing that we have the Vietnam provided in collaboration with the nam are wonderful people. In fact, I Trade Agreement before us today. Of course, International Labor Organization to represent many Vietnamese in my it would not have occurred if the Vietnamese address such issues as establishing area, Vietnamese Americans. They had not become sensitized to our need to re- skills training and employment serv- came to the United States and under turn American bodies to their families. And to ices, including placement services, de- freedom these very people have pros- also have yearly reports made on their velopment of unemployment insurance pered. They are the very best of citi- progress on human rights—a subject we will and pension systems, improving access zens. They love democracy. They have discuss later today. to employment for workers with dis- taken advantage of the opportunity to But it is here! A bilateral trade agreement abilities, eliminating child labor and increase the standard of living of their which took almost five years to craft. When child trafficking, and launching work- lives. That could be true of all of the one goes to Vietnam one expects to be con- place education to prevent HIV and millions of people who live in Vietnam fronted as an American for what took place AIDS.’’ if they were not suffering under the during the war but 50% of the population were So although there is no specific labor yoke of tyranny. This is not the time not alive at that time. This is really an old component in this particular agree- to ignore what that government has country with very young population who do not ment, clearly the two countries have done about the POWs. It is not time for see Americans in the same light as their par- entered into an ongoing relationship to us without any democratic reform ents and want to establish a new relationship improve the labor standards and work- going on in Vietnam. with us. ing conditions in Vietnam. We have heard about what was hap- They are eager to open up their country to I would respond to my friend from pening in Cambodia. In Cambodia, they trade even though to this day there is dis- California to indicate that this is a bi- have not had those same reforms in agreement between the economic hard-liners lateral trade agreement to establish Vietnam that they have had in Cam- and those who want to really open up the Na- normal trade relations with the Social- bodia. In Cambodia there are opposi- tion. ist Republic of Vietnam. It pertains to tion parties. There are actually opposi- This agreement will do that. Although we do the tariffs that apply to Vietnamese tion newspapers. They have got noth- not export much to Vietnam and vice versa at goods coming into the United States. It ing like that in Vietnam. Let us see the present time, this is a young and vibrant does not apply to credits extended to some reform there before we bestow nation that wants to participate in global eco- American business people who wish to upon them subsidies by our taxpayers nomics. do business in Vietnam. That is a pro- and incentives for our businessmen to They have a high literacy rate and the de- vision of the Jackson-Vanik structure, go over there and create jobs over sire to open up their markets. And American and this body voted 91 no, 324 yes on there. industry wants to sell them lots of goods. Who the Jackson-Vanik waiver. That was I strongly urge my colleagues to vote would have thought that all these years later the structure that provided the credits against this bilateral trade agreement that our war with Vietnam would result in what to the Socialist Republic of Vietnam. with Vietnam and to really take could be a highly productive relationship. I be- A no vote on this particular measure, human rights seriously. If the United lieve this is the beginning of a whole new era. House Joint Resolution 51, would be a States takes human rights seriously Mr. THOMAS. Madam Speaker, I vote against allowing Americans, con- like we did with Ronald Reagan and yield myself such time as I may con- sumers, business people, to bring Viet- the Soviet Union during the Cold War, sume. namese goods into the United States

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.043 pfrm01 PsN: H06PT1 H5432 CONGRESSIONAL RECORD — HOUSE September 6, 2001 not subject to the tariff. So if you are and who will provide enormous eco- Industry officials have met with the Adminis- looking for a measure to stop the inter- nomic opportunity for our American tration, and with the government of Vietnam national credits going to business peo- producers. Continuing our policy of en- and so far have not had their problems ad- ple doing business with Vietnam, that gagement is the best way, I believe, to dressed. Until the Administration and the gov- is under the Jackson-Vanik waiver. If help both our people and the Viet- ernment of Vietnam address this issue satis- you vote no on this particular measure, namese people. factorily, I cannot support normalizing trade re- you are trying to make sure that I ask my colleagues to support this lations with Vietnam. Americans do not get the benefit of a joint resolution. Mr. MCNULTY. Madam Speaker, I tax-free relationship with the products Mr. MCNULTY. Madam Speaker, I yield 2 minutes to the gentleman from that are going to be imported into the yield such time as he may consume to Mississippi (Mr. SHOWS). United States. the gentleman from Alabama (Mr. Mr. SHOWS. Madam Speaker, I stand Madam Speaker, I yield 4 minutes to EVERETT). before you today to speak of something the gentlewoman from Washington (Mr. EVERETT asked and was given that I care deeply about and have been (Ms. DUNN), a member of the Sub- permission to revise and extend his re- working hard to correct, irresponsible committee on Trade of the Committee marks, and include extraneous mate- trade agreements that ignore the needs on Ways and Means. rial.) of rural communities. I am not opposed Ms. DUNN. Madam Speaker, I rise in Mr. EVERETT. Madam Speaker, I rise in to free trade, but I am opposed to trade support of this joint resolution to ap- opposition to H.J. Res. 51, a bill that would agreements which further harm com- prove the United States-Vietnam Bilat- grant permanent normal trade relations with munities, families and industries in eral Trade Agreement. I am very happy the communist country of Vietnam. I am espe- Mississippi and across rural America. to see that we are finally passing this cially concerned that until Vietnam stops ille- Today we are considering extending important trade agreement with the gally substituting an inferior species of fish for normal trade relations with Vietnam. third largest nation in ASEAN, which U.S. farm-raised catfish, the American con- We must promote reasonable, respon- is the Association of Southeast Asian sumer and the American farmer will continue sible trade agreements, and we must be Nations, and the second most populous to suffer. mindful of some of the unintended con- The catfish industry in Alabama and in the country in Southeast Asia. sequences trade agreements have had southeast is a very vital industry that employs This is an historic agreement. It will on rural America, and especially in tens of thousands of workers in primarily rural reduce tariffs and it will improve mar- Mississippi. and economically depressed areas, and con- ket access for United States services Where I come from in rural Mis- tributes hundreds of millions of dollars annu- and for our products. sissippi, some of our trade agreements, ally to these states’ economies. In Alabama, I am also very pleased with Viet- like NAFTA, have failed our rural com- for example, catfish production ranked second nam’s commitment to adopt inter- munities. The result has been factory nationally and had over $81.6 million in sales national standards to protect intellec- shutdowns and job losses that have last year. Nationwide, the catfish industry ac- tual property rights. This is a very im- devastated communities throughout counts for over 50% of the total volume and portant step for Vietnam, and it will my district. This is the case in rural value of all U.S. aquaculture at 600 million help very much in reducing piracy and pounds. communities and urban cores across in safeguarding American innovation. Additionally, the catfish industry has contrib- America. For the State that I represent, Wash- uted over $50 million to familiarize the Amer- We know that NAFTA has worked ington State, this agreement could ican consumer with the superior quality of the fine for many of the places in our Na- mean more high-paying jobs. The Viet- U.S. farm-raised, grain-fed catfish product. As tion, but our rural communities have namese Government has made a com- such, the substitution of fish that are not even been ignored. Hard-working people in mitment to purchase four 777 airplanes. in the same genus or species as the North places like Prentiss, Collins, Magee or These are commercial aircraft. Their American channel catfish has led to consumer Centreville have been hurt by these construction will be directed by people confusion. These Vietnamese fish are raised trade deals. When a factory shuts down who live in the district I represent. in cages in rivers, the same polluted rivers in a rural community like this, it is For our farmers in eastern Wash- that sewer and waste are dumped into. More- devastating to every family. ington, lower tariffs and better trans- over, they are fed a diet of various things in- We have a responsibility to fight for parency rules will reduce the red tape cluding other fish, not a completely grain-fed fair trade that supports American that has caused us great trouble in diet like the U.S. farm-raised catfish. workers, families and communities finding markets abroad, and it will ex- Efforts to substitute the cheaper Vietnamese from unwise trade agreements. Today I pand the exports of our apples, pota- species of fish, through what I and many be- stand in opposition to extending nor- toes and wheat to Vietnam. lieve is the improper use of the name ‘‘cat- mal trade relations to Vietnam. I think it is very important, as we fish’’, has also led to unprecedented levels of One example is the damage even re- continue this debate, to reaffirm that imports that have displaced American catfish. strictive trade with Vietnam has done continuing economic engagement with In fact, Vietnamese fish imports are displacing to the catfish industry in Mississippi. Vietnam does not diminish our com- U.S. catfish at a rate of 70 million pounds an- Domestically grown catfish, which mitment for a full accounting of Amer- nually according to U.S. Census Bureau esti- meet strict environmental and health ican soldiers still missing in action. I mates in May. This is equivalent to an esti- standards, are being displaced by infe- would say to the gentleman from Cali- mated 15–20% of the total U.S. farm-raised rior and potentially unsafe products fornia that engagement with Vietnam catfish market. from Vietnam. These fish products are also does not diminish our commit- It also appears that Vietnam is encouraging disguised by labels that imitate those ment toward pressing the Vietnamese increased production and export of these fish placed on legitimately farm-raised cat- Government to respect basic human by recently announcing new incentives for col- fish to mislead the consumer about the rights. This is important to all of us, lateral-free loans until 2005 for investment in origin of the product. and we will not take our eyes off the aquaculture. Figures from the Department of I urge a no vote on this measure. interaction between our governments. Commerce indicate that imports of these fish Mr. LEVIN. Madam Speaker, I yield 2 We appreciate that much must be from Vietnam have tripled from what they minutes to the distinguished gen- done before Vietnam can join the glob- were this time last year, and now account for tleman from Washington (Mr. BAIRD). al community, but by expanding eco- 84% of catfish imports into the U.S. This has Mr. BAIRD. Madam Speaker, I thank nomic freedom, I think that we can fos- also led to the decreased exports of farm- the gentleman for yielding me time. ter an environment for further polit- raised catfish from the U.S. to other countries. Madam Speaker, I rise today to ical reforms that can lead to greater U.S. catfish farmers have spent millions of speak about an issue that is very im- openness and tolerance. dollars and years of hard work to build a mar- portant to some the citizens of my dis- It seems to me that it is time that we ket for their product based on its guaranteed trict. Over the August recess I met no longer view Vietnam simply as a quality and safety and do not deserve to have with a large group of Southeast Asian war. We have got to begin seeing the it destroyed. Moreover, consumers deserve to and Vietnamese Americans about Vietnamese as a people who want to know exactly what kind of food they are put- issues of importance to them. The issue build a stronger relationship with us ting on their dinner tables. they expressed the greatest concern

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.046 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5433 about had to do with human rights in place that we put into place over my yield to the gentleman from Alabama Vietnam. They expressed to me their objection with the passage of the Jack- (Mr. CALLAHAN). fear that an increase of trade with son-Vanik waiver. Mr. CALLAHAN. Madam Speaker, I Vietnam may only serve to strengthen We should not in a situation, in an thank the gentleman for yielding and the hand of the Communist govern- environment where there are no courts for bringing this point up. ment that denies its citizens basic free- or opposition parties or freedom of the First let me say that I have great re- doms of association, religion and other press, expect that our businessmen are spect for the Committee on Ways and human rights. I believe those fears are going to go over there and find any- Means chairman and the subcommittee valid and important for us to consider. thing available to them without a and all of my colleagues who have I do not believe we can discuss trade bribe. What they are going to find, and worked so feverishly and so effectively with Vietnam without addressing the that is what is happening there, our on these free trade policies. I am a free human rights violations of the Viet- businessmen are faced with bribes, trader I do not deny, and I am quite nam Government. Therefore, I was they are faced with a corrupt regime proud of it, and I have voted for each very pleased that the legislation we they are not used to. and every bill they have brought to the passed earlier today addressed pre- And then what happens? The Amer- floor. But sometimes we have to talk cisely these issues. Without adequately ican taxpayer, because we have given to our own administration and the only monitoring human rights situations these subsidies and loan guarantees, chance we have to talk to them effec- and without real consequences for non- has to pick up the check when these tively, and usually I do this on the ap- compliance, I would have had strong businessmen close up their operation propriation bills, is by threatening to reservations about passing the Viet- and flee back to the United States of withhold their money. nam trade agreement we are debating America. But we do have a tremendous prob- now. But by considering these bills in This is a bad deal. It is bad business. lem in the catfish industry. The catfish conjunction, we will be able to send a Not only is it bad in terms of American industry in Alabama is a growing in- message that the U.S. believes in en- values, in terms of human rights and dustry that is employing thousands of gaging Vietnam and strengthening eco- freedom, but it is just a bad deal all people. They have developed a hybrid nomic and political ties, but we still around, having the taxpayers subsidize catfish that is raised in fresh water demonstrate our concern for the lack loans and guarantee these loans in ponds that are grain fed, that are high of rights afforded to the Vietnamese order to go into this corrupt environ- quality catfish. Now we find that the people. ment where you do not even have a Vietnamese, and the Commerce De- I think it is especially important to court system that can operate inde- partment or the FDA is allowing them, send to the Vietnamese Government pendently and provide judgments to ship into the United States, the Vi- the message that it remains unaccept- there, when you have people asking for etnamese, a poor quality fish that is able for them to continue to imprison bribes, et cetera, et cetera. not even a catfish, that is labeled a religious leaders, including individuals This is not what we should be doing. catfish. such as Father Nguyen Van Ly, the It is bad business and contrary to our The reason I stand here today is to Venerable Thich Tam An, Thich Khong values. shoot a bow over the front of the ship Tanh, Thich Quang Hue, Ly Tong, and Mr. THOMAS. Madam Speaker, I of the FDA, and I have written Ms. other religious and political prisoners. yield 4 minutes to the gentleman from Janice Oliver a letter and asked for her Madam Speaker, I will vote in favor Oklahoma (Mr. WATKINS), a member of immediate decision on this classifica- of this legislation, but only because the Committee on Ways and Means. tion. this body has assured us that we will (Mr. WATKINS of Oklahoma asked We do not mind importing any prod- continue to put pressure on this coun- and was given permission to revise and uct from the Vietnamese that is a safe, try to further human rights. extend his remarks.) Mr. ROHRABACHER. Madam Speak- edible product, but we do not want it b 1500 er, may I inquire how much time is re- mislabeled, and the FDA can do some- maining? Mr. WATKINS of Oklahoma. Madam thing about it. My message today to The SPEAKER pro tempore (Ms. Speaker, I stand in support of H.J. Res- the FDA is to do something about it BIGGERT). The gentleman from Cali- olution 51. Let no one be fooled. What and do it immediately, or else they are fornia (Mr. ROHRABACHER) has 18 min- this basically does is normalize the going to be facing my wrath when utes remaining, the gentleman from trade relationship with Vietnam. We these appropriation bills come to the floor. California (Mr. THOMAS) has 191⁄2 min- are trying to have a bilateral trade re- utes, the gentleman from Michigan lationship with this country. I am very I had to do it one other time. I re- (Mr. LEVIN) has 17 minutes remaining proud of the fact that the State of member I had the same problem with and the gentleman from New York (Mr. Oklahoma was the first State to have the chairman that is sitting right be- MCNULTY) has 25 minutes remaining. an office in Vietnam to do trade. We hind my colleague now, and I threat- Mr. ROHRABACHER. Madam Speak- are still the only office basically there ened to withhold $1 million a day until er, I yield myself 2 minutes. that has a presence, but we have an of- they made a decision. I am not threat- Madam Speaker, let us, as this de- fice there, and we have people there. ening to withhold $1 million a day from bate goes on, remember that Vietnam Yes, Oklahomans are there trying to the FDA; I am just insisting that FDA as it is today does not have an inde- engage in having a normal trade rela- make this decision today, make it as pendent court system, does not have tionship, but we are also trying to expeditiously as they can, and let us opposition parties, does not have free- work with educational and cultural ex- get on with this ability to trade with dom of the press, not to mention all changes, because we know the only Vietnam and other countries. the political prisoners they have way we are going to resolve the human Mr. ROHRABACHER. Madam Speak- thrown in jail, et cetera, and the perse- rights problems are to be able to en- er, I yield myself 1 minute. cution of religion. But without courts, gage and be able to carry on that con- I would ask our colleague, the gen- without opposition parties, without versation one on one with our values, tleman mentioned the catfish industry. freedom of the press, what does that our values. I started to say we normal- Is the gentleman aware of whether or mean normally? What it means is ex- ized California. A lot of Okies went out not the American company dealing actly what you have got in Vietnam, a that way, but the chairman is from with the catfish industry there, was corrupt system. California so I have to be very careful there any loan guarantees by the Ex- We may try to say, well, we have al- about what I say about California. port-Import Bank to any American ready given these loan guarantees and But let me say I know there are con- company that was involved or a sub- these subsidies with the Jackson-Vanik ditions there, and I visited with the sidy from the American taxpayer in- waiver already passed by this House. gentleman from Alabama (Mr. CAL- volved in the creation of the catfish in- The fact is, this vote freezes that into LAHAN) about some economic trade dustry in Vietnam that is now wreak- place. This vote freezes those loan policies that we need to continue to be ing such havoc in the gentleman’s guarantees and those subsidies into concerned about and aware of, and I State?

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.048 pfrm01 PsN: H06PT1 H5434 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Mr. CALLAHAN. Madam Speaker, if that will continue to play a key role in the fu- gaining concrete, verifiable steps to- the gentleman would yield, I am not fa- ture of Southeast Asia. We should not cut our- wards reform in exchange. miliar with anything that the Ex-Im selves off from that nation, but rather work In our support for the economic revi- Bank has done there, although I am a closely to help it advance and to encourage talization of Vietnam, we cannot ig- big supporter of the Ex-Im Bank. I do moves towards a more open economy. nore basic human rights issues that know that the government of Vietnam We are building a new and positive relation- need to be resolved. is offering interest-free loans for peo- ship with Vietnam, which is the 12th largest Mr. Speaker, I have the privilege of ple, which I think is in violation of all population in the world and plays a key role in representing the largest Vietnamese of our agreements, is offering interest- the political and economic security of South- community outside of Vietnam. They free loans to people to start catfish east Asia. Last year, the Congress enacted are the parents, the siblings, the chil- farms, and if they want to do that and legislation I helped to write creating a program dren of families who fought com- play on the same level playing field to promote higher education exchanges be- munism for over 2 decades, and they, that we are playing on here in the tween our countries. We should continue to the majority of these people, do not United States, that is all right with me build on these efforts, because they are in the want to establish normal trade rela- too. best interests of both nations. tions with Vietnam until we do some- Mr. ROHRABACHER. Madam Speak- Some may wish to turn this debate into one thing about immigration, political and er, reclaiming my time, there is a real over sensitive issues between the United human rights issues for the people of possibility, and neither one of us States and Vietnam. That strategy is inappro- Vietnam. knows that now, but I do not think priate here, and should be rejected. Vietnam, Recently, I have learned of the dis- there is anyone on this floor that as illustrated by our annual Jackson-Vanik tressing case of Mr. Dac Vi Hoang, a would step up and say, no, it is impos- votes, has made great strides on immigration former Vietnamese businessman who sible; the catfish industry in Vietnam and is a full partner in the effort to locate re- fled Vietnam recently to escape perse- has not been created with the help of maining American soldiers missing in action. cution. His situation is emblematic of subsidies from the American taxpayers. Negative and unjustified attacks on Vietnam’s the economic repression and political We cannot say that, because we do not efforts at cooperation can only injure future ef- corruption that stifles free enterprise know. We are laying down the rules forts, and have no place in this debate. in Vietnam. Mr. Hoang was a promi- now, so that would be a real possi- However, let us note that this BTA does not nent Vietnamese entrepreneur who bility. end our review of Vietnam’s moves towards owned Thanh My, Incorporated, an Mr. MCNULTY. Mr. Speaker, I yield openness and transparency. We will still en- international exporter of lacquerware. such time as he may consume to the gage in annual reviews of its practices. Nor In fact, he enjoyed an astounding suc- gentleman from California (Mr. does this BTA or the memorandum of under- cess, this private corporation, in the GEORGE MILLER). standing concerning labor standards ade- midst of a communist regime, with an- (Mr. GEORGE MILLER of California quately address concerns I have, along with nual sales of $3 million and over 400 asked and was given permission to re- many others, about the need for a free labor employees. Thanh My was internation- vise and extend his remarks.) movement in Vietnam that allows workers to ally recognized as the first private cor- Mr. GEORGE MILLER of California. organize and collectively bargain with their poration in Vietnam to receive permis- Mr. Speaker, I urge my colleagues in employers. As we move towards the next sion to sell its shares to a foreign enti- the House to vote for this legislation. stages of trade agreements, we will continue ty, although that permission was even- Mr. Speaker, I urge my colleagues in the to press for assurances that the working men tually revoked by the Vietnamese gov- House to vote for this legislation to establish and women of Vietnam will enjoy the basic ernment. Nonetheless, just 1 year ago, a bilateral trade relationship with Vietnam. rights to free association recognized by the in August of the year 2000, Mr. Hoang This legislation is the product of long negotia- International Labor Organization. found himself having to flee Vietnam tions between our governments, and builds on Free trade unionism, improved environ- with his family, leaving this entire the trade relationship we have been devel- mental policies, expanded political and reli- business behind. oping over the past decade. Just a few weeks gious rights for all Vietnamese: these are, and Let me take a minute and tell my ago, this House again voted by an over- should be, legitimate factors for securing im- colleagues the story. In February of whelming vote against imposing trade restric- proved and lasting trade relations with the 1976, nearly 1 year after the end of the tions on Vietnam; now, we should pass this United States and other democracies. We will war, Dac Vi Hoang started his small, BTA by just as overwhelming a vote. continue to work with the Vietnamese to as- family-oriented company specializing We all recognize the sensitivity of any legis- sure that these goals are achieved. in lacquerware products. At the time, lation involving Vietnam because of our na- Those are issues that remain to be dis- the communist government was closing tion’s past history. But we in the House have cussed in the course of future negotiations. down large corporations and industrial begun a healthy, expanding and maturing rela- For today, we should move ahead and pass plants because they were considered to tionship with this country of nearly 80 million this Bilateral Trade Agreement which sets the be tools of capitalism, but they allowed people. And this legislation is not about the stage for those future discussions, while help- a few small, private companies to oper- past; it is about the future relations of our gov- ing to bring our countries and our people to- ate, as long as they did not have a lot ernments and our economies. gether. of capital or heavy machinery. I have had the opportunity to visit Vietnam, Mr. MCNULTY. Mr. Speaker, I yield 6 Although the business was allowed to to meet with government leaders and private minutes to the gentlewoman from Cali- remain in operation, Mr. Hoang was citizens, and to talk at length with our former fornia (Ms. SANCHEZ). imprisoned for 5 years so that he could ambassador, Pete Peterson, who has been Ms. SANCHEZ. Mr. Speaker, I rise be ‘‘reeducated,’’ which meant that his one of the most passionate supporters of im- today in opposition to House Joint wife had to run the business in the proved political and economic relations with Resolution 51, which extends tem- meantime. During his time, it should Vietnam. Ambassador Peterson has devoted porary most favored nation status to be noted that Mr. Hoang was severely countless hours during his years of service to the Socialist Republic of Vietnam. The tortured, mentally and physically, developing improved economic and political Vietnam-U.S. bilateral trade agree- when he underwent reeducation. relationships between Washington and Hanoi, ment is unwarranted until Vietnam Although business operations were and between the American and Vietnamese demonstrates tangible progress in ad- kept to a minimum, when he was re- people. Our vote today is, in no small way, a dressing its human rights and the mov- leased, he started into the business, testament to the success of his efforts and a ing forward to a more market-oriented and by 1991, Thanh My was allowed by credit to his hard work. economy. the Government of Vietnam to actu- Vietnam is a large and changing country. Free trade does not mean trade at ally export its lacquerware to other There are multinationals involved in production any cost. In the case of Vietnam, cer- countries. Ultimately, Thanh My be- of oil and gas and the manufacture of sports- tain conditions, I believe certain condi- came one of Vietnam’s largest export- wear; Vietnam is also a country where most tions should be met, to have long, ers with customers in the U.S., in people labor in rice paddies and start busi- meaningful, lasting trade relations de- France, Japan, Germany, Sweden, even nesses with micro-loans of less than $100. It veloped. I am concerned that we are Canada. Because of his success, how- is a country of educated, industrious people losing our economic leverage without ever, Mr. Hoang became a well-known

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.052 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5435 member of the Vietnamese business namese cooperation on important families, and our country will have community. He was one of the founding issues such as human rights, immigra- benefits from the fruits of Agent Or- members of the Vietnam Chamber of tion and political and economic re- ange research. We can risk all this if Commerce and Industry; he was elected form. we turn our backs on this successful Vice President of the Union of Associa- I can speak about this personally. I policy. Voting against this agreement tions of Industry and Commerce, and have been to Vietnam and seen the would do just that. he was also featured in Baron’s Who’s work of the Joint Task Force-Full Ac- Mr. Speaker, earlier this year the Who in the Asian Pacific Rim. counting, our military presence in House overwhelmingly supported a Well, all of this caught the attention Vietnam tasked with looking for our waiver of the Jackson-Vanik amend- of the Vietnamese communist govern- missing servicemen and women. I have ment restrictions on Vietnam. This is ment. Mr. Hoang voiced the concern of visited these young women and men, the fourth year in a row that the the business community with respect and they are among the bravest and House, with growing and overwhelming to what was going on. His criticisms of most motivated soldiers I have ever support, voted for better relations with the government were unfair and arbi- seen. Every day, from the searches of Vietnam. trary taxing against private corpora- jungle battle sites to the excavation of I believe that we should follow this tions and that there was corruption at crash sites on precarious mountain course. Let us support the Joint Task virtually every level of doing business. summits, they put themselves in Force for Full Accounting, and let us In recent years, the communist gov- harm’s way to recover our missing. In support our Nation’s bipartisan policy ernment of Vietnam began cracking talking with them, it made it clear to that has only furthered our goals to- down on executives of leading private me that they were performing a mis- wards a more cooperative and open corporations. Using various pretexts, sion that they truly believed in. Vietnam. Please vote for this resolu- the communist regime has imprisoned On April 7 of this year, that danger tion. executives of successful, private com- became all too real. On that date, Mr. ROHRABACHER. Mr. Speaker, I yield myself 3 minutes. panies when they are considered too seven American members of the joint Mr. Speaker, we have learned that vocal, too vocal, in criticizing the gov- task force, along with nine Viet- the Vietnamese catfish industry is hav- ernment or when their companies be- namese, lost their lives in a helicopter ing a very detrimental impact on come too successful, thereby threat- crash as they were on their way to a re- Americans who were involved with pro- ening the regime’s grip on power. covery mission. This tragedy was a ducing catfish for the American table. This is what was happening to Mr. huge blow for our recovery efforts, as Yet also, at least I suggested, and I Hoang when he decided to flee with his we lost both Americans and Viet- have not heard anything to the con- family. He learned from the govern- namese who had deeply been involved trary, that what we are doing is laying ment ministry of public security task in finding our missing. We should re- down the economic ground rules so force officer who was assigned to mon- member our deceased Americans are that we can subsidize, through Amer- itor what was going on at Thanh My heroes who gave their lives in pursuit ican taxpayer subsidy or loan guaran- that Mr. Hoang was a target for perse- of a mission they believed to be a high tees, businessmen to go to Vietnam cution. This security officer was some- honor and a sacred duty. and set up other businesses in order to one that Mr. Hoang gave side bribes to The only way we can carry out this do to the current businesses of the in addition to the usual money you mission effectively is to have a pres- United States what the catfish indus- have to pay these people to supervise ence in Vietnam. To maintain that try from Vietnam did to the catfish in- what was going on with Thanh My. He presence means reciprocating on the dustry here. would give this money to get good gov- promises that we made to reward Viet- That does not make any sense to me. ernment reviews and not have prob- namese cooperation. Failing to approve What is this all about? This is about a lems with the government. Finding out this resolution would definitely send dictatorship in which some American that a change in the government super- the wrong signal to the Vietnamese, businessmen want to go over there and vision over Thanh My was going to not to mention the brave American exploit the slave labor, and want to do occur, was going to be an excuse for men and women who are still searching so with loan guarantees and subsidies the government to come in and bring for our missing in the rice paddies and by the American taxpayer. somebody to try to find incriminating mountains of Vietnam. I am very happy to hear that Okla- evidence against him, Mr. Hoang took b 1515 homa set up a business office in Viet- his family and fled Vietnam leaving nam. A lot of other people set up busi- the entire business behind. He cur- The opponents of this argument or ness offices in Vietnam. But what we rently is residing in southern Cali- the opponents of this agreement will need to hear about are all the offices fornia while he awaits his political asy- say that the Vietnamese Government that have closed up, all the business- lum hearing. has a terrible record on human rights, men who thought they were going to do I ask my colleagues to understand that they do not deserve normal trade business there, but the environment is that this is continuing to happen in arrangements with our Nation. so corrupt that they were unable to do Vietnam. As the person who represents I will not defend the Vietnamese business, and that they have closed so many of the Vietnamese, we get all human rights record. It needs serious shop and left. of these cases all of the time. After improvements. We should focus on ob- The only way American business hearing this story, does Vietnam ap- taining basic freedom for all Viet- companies are going to go over there is pear to be a country that is moving to- namese. But former Ambassador and if we guarantee their loans and sub- ward market-oriented reforms? colleague here in the House of Rep- sidize them. That makes no sense. We Mr. Speaker, I cannot support this, resentatives, Mr. Pete Peterson, dem- have already put all these people who and I hope that my colleagues will help onstrated that we can achieve progress grow catfish, we put them out of work. and not support this either. on human rights and a number of other What is the next industry that we want Mr. LEVIN. Mr. Speaker, I yield 4 issues that are important to our Nation the Vietnamese slave labor forces to be minutes to the gentleman from Illinois by encouraging cooperation from the able to put out of work with the sub- (Mr. EVANS), a very distinguished col- Vietnamese. sidy from American taxpayers? What league who has had a very long and As our first ambassador to this na- industry is that? deep interest in this issue. tion since the war, his stewardship led How about refrigerators, radios, Mr. EVANS. Mr. Speaker, I urge all to tangible and dramatic progress on clothing? I do not know what factories of my colleagues to support normal issues that have changed the lives of these people want to open. Probably I trade status for Vietnam. North Americans and Vietnamese for would guess it would be tennis shoes. The vote today is really about how the better. I believe in free trade. People who op- we best achieve change in Vietnam, By continuing this policy, the fami- pose this particular trade legislation, and I believe the record speaks for lies of POWs and MIAs will get the an- it does not mean they are opposed to itself. We have achieved progress by swer about their missing, Vietnamese free trade. I believe in free trade be- engagement: by encouraging Viet- emigres will also be reunited with their tween free people. When we sort of set

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.054 pfrm01 PsN: H06PT1 H5436 CONGRESSIONAL RECORD — HOUSE September 6, 2001 the same rules with vicious dictator- stability. It has helped to open a new istration lawyer, and as a Member of ships as we do with democratic coun- market for U.S. businesses and U.S. Congress, I have worked closely with tries, surprise, surprise, we are going workers in the world’s 13th most popu- these Americans; and many of them to bolster the strength of the regime, lous country. have become my friends. I value their of the clique that holds power in those Mr. Speaker, just 2 weeks ago today knowledge, experience, and support, dictatorships. I returned from a trip to Vietnam. It and believe they have a unique perspec- No, we should be having freer trade was my first time in that country in 10 tive on the United States’ relationship with countries like the Philippines, years, in exactly the 10 years ago that with Vietnam. who are struggling, struggling to have I was there, and the 22 years before While we are told that the govern- a good democracy with human rights, that that I had been there during the ment in Vietnam is making progress in instead of giving more incentives and Vietnam War. I was struck with the the area of human rights, I continue to more ways of making profit by setting tremendous changes that have taken hear about religious persecution, polit- up businesses in dictatorships like place over the last 10 years. ical persecution, and unwarranted de- Vietnam. Ten years ago, we had no embassy in tentions from my friends in the Viet- Mr. Speaker, I reserve the balance of Hanoi. We had no consular office in Ho namese community. During the past 12 my time. Chi Minh City. We had no American months, the Vietnamese Government Mr. THOMAS. Mr. Speaker, I yield 4 business presence. In fact, there was al- has intensified its campaign of brutal minutes to the gentleman from Ari- most no foreign business presence any- oppression, especially against religious zona (Mr. KOLBE), someone who has where in Vietnam at that time. leaders and ethnic minorities. been extensively involved in a number Today we find the city of Ho Chi When I, along with the gentleman of trade discussions and debates. Minh, or Saigon, with five-star hotels, from Illinois (Mr. Davis) and the gen- (Mr. KOLBE asked and was given per- with very upscale restaurants and tlewoman from California (Ms. mission to revise and extend his re- shops catering to foreign shoppers, Sanchez) hosted a hearing on human marks.) high-rise buildings and a skyline that rights in Vietnam this spring, we Mr. KOLBE. Mr. Speaker, I thank the is beginning more to resemble Hong learned of this firsthand. One after an- gentleman for yielding time to me. Kong or Bangkok than the somnolent other, religious leaders testified to the I thank the gentleman again for Saigon many of us knew during the lack of religious freedom in Vietnam. yielding me this time, and I appreciate time of the Vietnam War when we Several invited witnesses were unable the leadership he has shown with his served there 30-plus years ago. to leave Vietnam to deliver their testi- committee on so many trade issues It is a different city. It is changing. I mony in the face of government this year. This is just one of them. believe with this agreement we will ac- threats. They smuggled out written or Mr. Speaker, I do rise today in sup- celerate that change. I believe that audio testimony so their stories could port of House Joint Resolution 51, change will be to the good, both for the be heard. which would extend normal trade rela- United States, but most importantly, In light of the government crack- tions to the nation of Vietnam. Let us for the people of Vietnam. down on religions, dissidents, and mi- Certainly the U.S.-Vietnam foreign begin, as I know the chairman has norities, unconditional ratification of policy relationship is one that is still made clear earlier, what this is and the bilateral trade agreement will send maturing. We would all agree that we what this is not. This is not a free the wrong message to the Vietnamese must continue to make progress in our trade agreement. It is a bilateral trade leadership. The U.S. Commission on relationship along several dimensions. International Religious Freedom rec- agreement, a trade agreement that al- But today, this legislation marks a lows us to trade on the same basis as ommended that the U.S. Congress rat- very important milestone in the devel- ify the BTA only on the condition that we trade with all the other countries of opment of that relationship. Today we the world except the very small hand- Vietnam undertake substantial im- can support the extension of normal provements in its policy towards and ful with whom we do have a free trade trade relations between our two coun- agreement. treatment of religion. tries. U.S. trade and economic ties I am a firm believer in trade. I have Because Vietnam is a socialist or a with Vietnam can help the country see Communist country, it comes under voted repeatedly for trade agreements, the benefits of developing a society but the situation in Vietnam is dif- the banner of the Jackson-Vanik re- that is based upon the rule of law. That quirements, and still, with this pas- ferent. We have a clear opportunity to faith in the rule of law can then serve change the course of the nation’s be- sage, would require an annual Jackson- as a foundation upon which further so- Vanik waiver from the President of the havior by denying it what it desires cial and political development can be greatly, a trading relationship with United States. based. Mr. Speaker, in 1995 this country em- America. Mr. Speaker, no country can engage President Bush, please stand up to barked on a new path with the country in trade with other countries, can en- of Vietnam. We chose to take a dif- the communists in Vietnam and insist gage in foreign relations, without ulti- on human rights in exchange for trade. ferent direction toward better polit- mately having to come to terms with ical, economic, and consular relations. We have the tools at hand to improve the rule of law. That is the most im- the human rights situation in Viet- In making that decision, we recognize portant aspect of this legislation. the need to encourage the development nam. I ask my colleagues how they jus- So to my colleagues in the House, I tify not using this tool when so many of Vietnam as a prosperous country, urge their support for this resolution. and believed, as I believe today, that have asked for our help. Mr. MCNULTY. Mr. Speaker, I yield 3 Mr. McNULTY. Mr. Speaker, I yield doing so would begin to bring about the minutes to the gentlewoman from Cali- fruition of democracy within that back the balance of my time. fornia (Ms. LOFGREN). Mr. ROHRABACHER. Mr. Speaker, I country. (Ms. LOFGREN asked and was given yield such time as he may consume to We understood how important it is to permission to revise and extend her re- the gentleman from Mississippi (Mr. integrate our former adversary, with marks.) WICKER). whom some of us in this body itself Ms. LOFGREN. Mr. Speaker, I oppose (Mr. WICKER asked and was given fought in a war in that country, to in- House Joint Resolution 51, and I urge permission to revise and extend his re- tegrate that former adversary into the my colleagues to vote against this res- marks.) economic progress of Asia and ulti- olution. I am fortunate to represent Mr. WICKER. Mr. Speaker, I rise in mately into the global community. Santa Clara county, an area in Cali- opposition to this legislation, until Since starting down the path, our fornia with a vibrant Vietnamese- such time as the administration can policy, I believe, has reaped some very American population. Quite a few of reach a fair agreement with Vietnam important benefits. It secured Viet- my constituents came to San Jose as on the catfish issue. namese cooperation on achieving the refugees escaping an oppressive polit- fullest possible accounting of the POWs ical regime. b 1530 and MIAs from the Vietnam War. It Over the last 25 years, as the Santa Well, my suggestion is that they are has helped to contribute to regional Clara County supervisor, as an admin- going to continue stealing our software

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.056 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5437 in Vietnam, just as in China, now that There has been no progress. There allowing me to speak on this important we have liberalized trade with them. It has been retrogression in China, and legislation. has not changed their practices one there has been no progress about open- I agree with one thing from the com- iota at all. ing up that system democratically in ments of my colleague from California, So let us understand that when we Vietnam whatsoever. There are more and that is that this is closing a chap- make agreements with these types of five-star hotels around so that there ter in American history. But I think, regimes, these criminal regimes around our big businessmen with guaranteed most important, it represents opening the world, surprise, surprise, we are not loans in their pockets from the Amer- a new era in relationships between the going to be treated as if we are dealing ican taxpayers can go over there and United States and Vietnam. with an honest democratically elected invest and set up factories over there We have heard people talk on this government that keeps its word. In- to use slave labor. Oh, yes, there are floor about the painful experience. And stead, we are dealing with gangsters some five-star hotels, but that is not I think there is no question why people who pirate, and not only pirate but re- progress. That is not progress at all. feel so strongly and passionately about press their own people, even commit What we still have are no opposition it. This was a chapter in our history murder. I mean, they murder their op- parties, no independent courts at all. where traditional measures simply do ponents in these regimes, and that There is no rule of law in that country, not apply. means Vietnam, and yet we expect no freedom of the press, so nobody can Traditional concepts are of winning them to abide by some nice trade criticize the corruption there. And that or losing a war, for example. Certainly agreement with us? No. The agree- is why people do not invest unless they the American public has lost over the ments that they make with us will have government guarantees and loans course of the last third of a century. only be followed to the point that they or subsidies, because it is too risky a Certainly we paid heavily in economic are beneficial to the Vietnamese Gov- proposition. terms, costing billions of dollars and ernment and the clique that runs that Why are we setting up the rules of throwing our economy into chaos. Families lost. We all know people country. the game and doing trade with a coun- Let us take a look. We have heard try like that when instead we should be who lost loved ones. Over 56,000 Ameri- about the catfish industry. I am very seeking to encourage people to invest cans did not return. And there have happy that the catfish industry was in democratic countries like the Phil- been massive efforts on behalf of both brought up today because we do not ippines or in our own country to pro- the United States and the Vietnamese know whether or not the catfish indus- tect people with our own jobs? Governments to try to account for ev- eryone, more than any other war in try in Vietnam was established with Last but not least, the POW issue. I American history. Yet we are still the help of a taxpayer loan or subsidy have spent so much time on this issue over my 13 years in Congress. I cannot striving to close that chapter. from the U.S. taxpayers, but we do And, of course, we have to look no know that we have several Congress- say it is more than any other Member, but I know that I have spent consider- further than the streets of America men from a variety of States here wor- now where we see troubled and, in ried about their constituents being put able time on it. I have been to Vietnam numerous occasions and Southeast some cases, homeless veterans who re- out of work because catfish from Viet- Asia numerous occasions on this issue. turned seared by the process. nam are flooding into our market. We I have studied it and I, without hesi- But those of us who have experienced do not know whether or not that cat- tation, can tell my colleagues that I do a little bit of the situation in Vietnam fish industry was set up with a tax- not believe this government has co- recently, who have talked to our con- payer subsidized loan; but we do know operated in good faith with the United stituents who are here now and who are that there is slave labor in Vietnam, States in trying to have an accounting of Vietnamese heritage know that this that there are none of the environ- for those Americans who were seen chapter exacted a horrible price on mental health standards in Vietnam, alive in captivity before the return. Vietnam itself. There were hundreds of and there are none of the other types of There were over 200 of those Ameri- thousands of casualties, tens of thou- protections in Vietnam that would be cans who were in captivity; we knew sands of missing and still unaccounted required of them if they were raising they were, yet they were not returned for, and it produced a flirtation with those catfish in the United States. at the end of the war. We want to find global communism as an ally that has And by the way, those same require- out what happened to those people. We delayed the modernization of that ments might be put on Vietnam if they do not want to have this obfuscation. country, including not just its econ- had a democratic government. If they We do not want this issue sugar-coated omy and human rights, but reintegra- had a democratic government, maybe or candy-coated. tion into the family of nations. they would be forced to pay their peo- They show pictures of this issue, of Thankfully, soon after the formal ple more, or perhaps the people of Viet- our people there digging for bones. Yes, fighting ended, there were courageous nam would demand higher health digging for some of those bones will people who stepped forward to try to standards. But they do not have a bring closure to some people, but we begin this new era. No discussion of democratic government. They have a want truth. We want to establish the this issue would be complete without gangster clique that runs the country truth. If they kept those people and noting the unique contributions by and they are going to manipulate the they murdered them later on, let us American heroes, like Senator MCCAIN, catfish industry for their benefit. I hear about it, and we can close this Senator KERRY, and our own former would bet some of this clique in Hanoi chapter of the book. But let us not let colleague on the floor of this House and are making money off the catfish in- them get away with the same falsehood ambassador to Vietnam, Pete Peterson, dustry by putting our people out of they have been using on their own peo- who worked to engage our two coun- work. ple. tries. By making this agreement today, we I would ask for my colleagues to join We have made tremendous progress will just do for the rest of American in- me in opposition to this trade deal. It in reconciling our past to the new fu- dustry, step by step, what was done to is contrary to America’s interests. It is ture. It is still not going to be easy. the catfish industry, and we will be a bad deal. It is contrary to our values This terrible tragedy in Vietnam con- doing it with subsidies from the Amer- and will not bring a close to the Viet- tinues to claim victims every day. And ican taxpayers and loan guarantees nam era. It will just leave this corrupt those who visited the country lately from the American taxpayer. It makes dictatorship thinking they put one cannot help but be touched by the no sense. over on us. young children who continue to be Let us talk a little bit about the Mr. Speaker, I yield back the balance maimed by land mines and other issue of human rights. And I will just of my time. unexploded ordnance, by people strug- say to my colleagues that suggest that Mr. LEVIN. Mr. Speaker, I yield 5 gling with war injuries, physical and if we would just open up these eco- minutes to the gentleman from Oregon psychological, children with birth de- nomic ties, there will be more respect. (Mr. BLUMENAUER). fects. In fact, we have heard some people Mr. BLUMENAUER. Mr. Speaker, I We have hundreds of thousands of Vi- claim there has already been progress. appreciate the gentleman’s courtesy in etnamese who have fled to the United

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.060 pfrm01 PsN: H06PT1 H5438 CONGRESSIONAL RECORD — HOUSE September 6, 2001 States, who are now citizens of our market will lead automatically to a I would not have the privilege as an country, who are trying to reconcile it free labor market or to human rights. American citizen to go around brag- as well, struggling with the past, and I think, as a result, we need a well- ging, as I often do, how we live in the who are hungry for reconciliation with rounded comprehensive approach. I freest and most open democracy on the divided families. This trade agreement think included must be engagement, face of the Earth. Because freedom is is an opportunity to open up whole new including on intellectual property. not free. We paid a tremendous price avenues of commerce and contact be- This agreement covers intellectual for it. tween our two countries, but particu- property. It has restrictions in terms of So today, Mr. Speaker, based upon larly for Vietnamese Americans. how the Vietnamese handle it. the comments that I made earlier and Vietnam today is an entirely dif- But beyond that, I think comprehen- the comments of my colleagues, and on ferent nation, unlike what some would siveness must increasingly include, behalf of all 1,474 Americans who are lead us to believe. It is entirely dif- with this authoritarian society, their still missing in Vietnam, I ask my col- ferent from what we saw 40 and 50 movement towards a free market in leagues to join me, the American Le- years ago. The architects of the Viet- labor as well as in capital. That is why gion, the Veterans of the Vietnam War, nam War on the side of the Viet- I think we need to both engage and the National Vietnam Veterans Coali- namese, like Ho Chi Minh and his con- pressure Vietnam. That is why I think, tion, and the Disabled American Vet- temporaries, are gone. It is an oft-cited as we negotiate further agreements erans in opposing this measure. statistic that 60 percent of the Viet- with Vietnam, we must consider the Mr. Speaker, I yield back the balance namese people have been born after the factors, including the labor market of my time. conclusion of that war and the vast factors and perhaps even the environ- Mr. THOMAS. Mr. Speaker, I yield majority have no memory of those ef- mental factors that at this point are myself such time as I may consume. Mr. Speaker, first of all, let me say forts. not as critical. I appreciate the gentleman from that ordinarily in this debate the gen- b 1545 tleman from Illinois (Mr. CRANE), Michigan (Mr. LEVIN) yielding me this would be heavily involved in the de- time, and I apologize if I got carried So, in a word I think we need to bate; but due to a family circumstance, away a little bit, but we see this new move forward but in a comprehensive the gentleman is not here today. country that is emerging that can take way. And on balance, I believe that this bill represents a movement for- Mr. Speaker, in my response to my advantage of this trade agreement to friend, the gentleman from New York forge new links. Southeast Asia is a ward, as long as we keep in mind the reality of a very different society with (Mr. MCNULTY) and his poignant com- cauldron today of over 600 million peo- ments, I too share the concern that he ple, of diverse countries rich in natural a very different structure that requires a different formula as we did with Cam- expresses. resources, economic energies and rich I think it is important to note, how- bodia, as we have wrestled with, with cultures, and Vietnam is right in the ever, that, for example, in World War II other countries, we would apply, if we middle of it. It is a country that has a there were more than 50,000 missing in were negotiating or approving an long history of being leery of the coun- action. It is true we have a better capa- agreement with another industrialized try of China, for instance, and a thou- bility and we have carried on a much democratic society. sand years of experience to back it up. longer search to verify each and every So with this, I close, hoping that we We have seen people labor mightily individual who was missing in action; will pass this within the framework over this trade agreement. We are but the two former major Axis Powers that I have suggested and I believe so going to see a new era of economic are now two of our major trading part- many of my colleagues agree with. prosperity in Vietnam. It is going to ners. I do have to say we engage in Mr. Speaker, I yield back the balance help us economically, but it will be trade disputes periodically, but we do of my time. transformational for them, and it is so in an ordered process. going to empower a new generation of Mr. MCNULTY. Mr. Speaker, I yield I believe most of us who are in sup- leaders, of entrepreneurs, speed the myself the balance of my time. port of this resolution to enter into healing, and give them the energy to Mr. Speaker, my other colleagues normal trade relations with the Social- slam the pages closed on this chapter who are in opposition to this measure ist or Communist Government of Viet- and open a new one. have eloquently outlined the many rea- nam is to believe that this too will I deeply appreciate the leadership of sons to oppose it. I will close by con- have a better outcome. the Committee on Ways and Means, my centrating again just on the MIA issue. I do want to respond to my colleague, colleague, the gentleman from Michi- Mr. Speaker, I thank Boyd the gentleman from California (Mr. gan (Mr. LEVIN), in bringing this for- Sponaugle, Ron Cima and Chuck Hen- ROHRABACHER), about his concern in ward, the many people who have la- ley of the Office of the Secretary of De- terms of taxpayers’ money. While this bored mightily for this agreement, and fense for the updated information on debate has gone on, we have engaged in I strongly urge its passage. the search for our MIA’s. I am grateful a number of conversations. For exam- Mr. LEVIN. Mr. Speaker, I yield my- to them and all who are working to ple, the Export-Import Bank of the self the balance of my time. bring our MIA’s home. United States has indicated that there I had a chance at the beginning to As I grow older, Mr. Speaker, I try to have been no transactions, therefore, lay out a perspective of mine and, I keep my priorities straight. That is no funds have been authorized for par- think, many, many of my colleagues on why when I get up in the morning, the ticipation in Vietnam by American the Democratic side. I think this has first two things I do are to thank God businessmen. been a useful discussion, and I hope for my life and then veterans for my We pursued farther. The Overseas many have heard it, though not here. I way of life. Because had it not been for Private Investment Corporation has in- simply want to reemphasize that this my brother Bill and all of those who dicated that there has been no activity. is not an easy relationship. It is a com- gave their lives in service to this coun- Beyond that they are required by law plex relationship because of the past, try through the years, had it not been to examine any project to determine if but also because of the present and for people like the gentleman from it would have a negative impact on the likely the near future. Texas (Mr. SAM JOHNSON) and PETE PE- U.S. economy and business. They There should be no rose-colored TERSON and Senator MCCAIN who en- would be required by law to turn a lenses. We are dealing with a society, a dured torture as prisoners of war, had project down. So although there may structure, that is very different from it not been for people like Pete be somebody’s private dollars involved ours. Very different. A political struc- Dalessandro, a World War II Congres- in the catfish operation, at this point I ture that is very different and an eco- sional Medal of Honor winner from my believe I can offer a degree of assur- nomic structure that is very different. district who was laid to rest 2 years ance to the gentleman from California As a result, there is no automatic fac- ago in our new cemetery in Saratoga, (Mr. ROHRABACHER) that there has been tor here. There is no magic wand. One had it not been for them and all of no taxpayer dollars. thing will not lead automatically to those who wore the uniform of the But the point he makes, if not spe- another. I do not think a free capital United States military over the years, cific to the catfish industry, is one that

VerDate 31-AUG-2001 01:21 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.061 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5439 we have to be concerned about. And labor leaders and religious critics of the gov- sure globalization produces higher living that is why this agreement can be re- ernment were subjected to imprisonment, standards and stronger economies in devel- voked at any time by the President beatings, torture, surveillance, harassment and oping and developed nations alike. This under the structure that we have es- denial of basic freedoms, including freedom of agreement is only a first step to raise living tablished. This is a year-to-year re- expression. standards in Vietnam. It is not a free trade newal. It is an embarkation on an at- Last year, five members of the Hoa Hao agreement. It establishes a formal trade rela- tempt with a nonmarket economy to Buddhist Church were sentenced to between tionship between our countries, lowering tar- improve not only the labor areas that one and three years’ imprisonment on iffs, increasing the flow of trade, and providing the gentleman from Michigan (Mr. trumped up charges. important new protections of intellectual prop- LEVIN) has indicated he has a concern The State Department points out that the erty and investments in Vietnam by American about, but the intellectual property government of Vietnam prohibits independent companies. rights guarantee that has caused so political, labor, and social organizations; such I hope that passage of this agreement will much pain by the copying around the organizations exist only under government eventually help to strengthen labor rights and world. Of course, the key to that is the control. The Vietnamese Government also re- human rights for the Vietnamese people. We transparency in the transactions. This stricts freedom of religion and significantly re- must continue the dialogue developed by Am- will be a good test of the Government stricts the operation of religious organizations bassador Peterson on labor rights and the of Vietnam to see if they can be trust- other than those entities approved by the U.S. technical assistance program. Also, I worthy. State. Dissident groups of Buddhists, Hoa strongly support the suggestion from Con- In fact, I find it entirely appropriate Hao, and Protestants, in particular, faced har- gressman LEVIN, among others, that any tex- to reflect on the comments of the assment by authorities. tile agreement between Vietnam and the President of Mexico in the address he Accordingly, we should not reward the Viet- United States include a provision to promote gave to the joint session today. He in- namese communist dictatorship with trade labor rights. The model for such a provision dicated one of the key commodities to benefits. It is an insult to the thousands of lies in the agreement between America and improve the relationship between the American and Vietnamese men and women Cambodia, to provide positive incentives in United States and Mexico is a degree of who were wounded or died during the war which we have promised to increase textile trust. He indicated that notwith- fighting for democracy, the rule of law and quotes once progress on labor issues has standing the democratic title of the human rights. been established. country over a number of years, it was Accordingly, I urge my colleagues to vote I urge the Bush administration to continue to far more authoritarian, that was his against H.J. Res. 51. press in Vietnam for progress on human rights word, than democratic, but that there Mr. GEPHARDT. Mr. Speaker, last January, and religious freedom. If Vietnam moves to- is a new era. I traveled to South Korea, Cambodia and Viet- wards the rule of law in commerce, I believe Mr. Speaker, I cannot say the same nam to discuss issues of peace, reconciliation, that it must also make progress in freedom for for the current government of Viet- trade and security between the United States the Vietnamese people. nam, but I do believe sincerely that and Asia. It was a remarkable trip that helped Since the war ended in 1975, our countries this agreement will move us more in us to learn. We learned so much about Viet- have traveled on a journey, often difficult and the direction of an open opportunity nam and I became convinced that implemen- agonizing, yet remarkable all the same; a jour- for Vietnamese citizens to express tation of this Bilateral Trade Agreement is the ney defined by peace and reconciliation, moti- themselves. right policy both for the Vietnamese and the vated by healing and deeper human under- Currently, this will be in the more American people. Therefore, I urge Members standing. This trade agreement moves both economic realm rather than in the po- to vote for the Vietnam trade agreement to es- countries forward in this remarkable effort. It is litical realm. There is no question they tablish a regular trade regime between the a positive development for both people. I hope have what they believe to be a sem- United States and Vietnam. all of my colleagues will support this resolu- blance of what they call a democracy; Thanks to Pete Peterson, former Ambas- tion, and help us take another step on the but the fundamental core of a democ- sador to Vietnam, thousands of American and road to healing and hope for all. racy is that the decisions be made Vietnamese veterans, and the hard work of lit- quantitatively with each person get- erally millions of people we have made large Mr. CRANE. Mr. Speaker, I stand in firm ting equal weight. We know that is not strides in reconciling our two nations after the support of House Joint Resolution 51, which now the case in the Socialist or Com- agony of the Vietnam war. Over 50,000 Ameri- approves the U.S.-Vietnam Bilateral Trade munist Republic of Vietnam. cans died in that conflict, thousands more Agreement, grants NTR status to Vietnam, All of those facts laid bare on the were injured, and the war took the lives of completes the normalization of our diplomatic table, House Joint Resolution 51, intro- hundreds of thousands of Vietnamese and left relations begun in 1995. A failure to support duced by the gentleman from Texas the country devastated. Pete Peterson has this key legislation risks undercutting long- (Mr. ARMEY), the majority leader, and said: ‘‘We cannot change the past. What we standing U.S. foreign policy objectives in the gentleman from Missouri (Mr. GEP- can change is the future.’’ Southeast Asia, damaging the credibility of the HARDT), the minority leader, with the Working in this spirit, America and Vietnam reform faction within the Hanoi government, support of the chairman of the Sub- have established diplomatic ties, undertaken and causing Vietnam’s 80 million people to committee on Trade, the gentleman joint efforts to locate the remains of those still slide backwards toward isolationism. from Illinois (Mr. CRANE), is worthy of missing in action, and trade between our In 1986, Hanoi initiated a policy of doi moi, a ‘‘yes’’ vote. We should move forward countries has increased. Last year, the United or ‘‘economic renovation.’’ For the first time with this ongoing engagement with the States and Vietnam completed this bilateral the government encouraged private business Socialist or Communist Republic of trade agreement, to set the stage for an even start-ups and permitted inward foreign invest- Vietnam. It will be a yearly test to see closer relationship between our nations and a ment. As a result, Vietnam sustained on aver- if, in fact, our trust is well placed. If it trade regime that is more robust. age nearly 8 percent annual GDP growth and is not, we can change. But for today, I On the last night of our trip, I spoke in welcomed $8.3 billion in foreign investment urge my colleagues to vote ‘‘yes’’ on Hanoi to the American Chamber of Com- during the 1990s. House Joint Resolution 51. merce. That night, it became clear that both I visited Vietnam this past April and was Mr. GILMAN. Mr. Speaker, I rise in strong Americans in Vietnam and the Vietnamese struck by its 92 percent literacy rate, its thriv- opposition to H.J. Res. 51, a resolution ap- wanted free and fair trade to lift up the lives ing entrepreneurship, and the thousands of proving the extension of the waiver authority of both our peoples. There is a hunger not to zooming motorbikes. Industrial parks now line contained in section 402(c) of the Trade Act of forget but to use the war as a springboard for the suburbs of the major cities, and govern- 1974 with respect to Vietnam. healing and hope for the future of both coun- ment is planning to open a stock exchange in Amnesty International reports that the gov- tries. Virtually everyone we met said they downtown Ho Chi Minh City. As GDP has ernment of Vietnam continued to prevent inde- wanted to join the global community and reap doubled and per capita income has risen 60 pendent human rights monitors from visiting the benefits of the twin revolutions in trade percent since 1990, a small but growing, con- the country and dozens of prisoners of con- and technology that are sweeping the globe. sumer-oriented middle class is taking root. science remained in prison throughout 2000. Our challenge is to work with Vietnam Signed in July 2000, the U.S.-Vietnam BTA Restrictions on released prisoners continued among other partners in trade to bend will buttress these enormous economic and to be harsh. Political dissidents, independent globalization for progressive ends: to make social reforms. The BTA represents the most

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K06SE7.064 pfrm01 PsN: H06PT1 H5440 CONGRESSIONAL RECORD — HOUSE September 6, 2001 far-reaching and comprehensive trade agree- However, this resolution is not a blank from competition. U.S. firms are also granted ment ever negotiated with a non-market econ- check to Vietnam. Before the United States access to the Vietnam services market. We omy country. It grants the United States vastly grants NTR status to Vietnam, the Vietnamese will be allowed to compete in telecommuni- improved access to Vietnam’s potentially enor- Government is required to sharply lower most cations, financial services, engineering, ac- mous consumer class, and improves market tariffs; phase out all non-tariff measures; and counting, and a variety of industries that will access for industrial and agricultural goods, adhere to WTO standards in applying cus- help develop an infrastructure in Vietnam to services, intellectual property rights, and in- toms, import licensing another measures. support our new commitment to engage Viet- vestment, while requiring greater trans- This measure also takes an important step nam on all levels of concern. parency. in requiring Vietnam to allow U.S., firms over The approval of this legislation will ensure The U.S.-Vietnam Bilateral Trade Agree- a period of time to enter its services market in that U.S. firms committed to trade with Viet- ment will help Vietnam’s reformers lock in the a full range of areas, including financial, nam receive the protection of investments economic transformation that slower growth telecom, engineering, computing, education, necessary to commit resources in a foreign after the Asian financial crisis threatens to un- health and other services. Two other critical country. By requiring a fully transparent trade ravel. Continued engagement with the Viet- areas of this agreement require Vietnam to regime with the promulgation of laws and reg- namese government also advances key U.S. protect U.S. investments from expropriation ulations though a public process, this legisla- foreign policy objectives, including the fullest and adopt a fully transparent trade and invest- tion helps Vietnam develop policies that will possible accounting of Prisoners of War/Miss- ment regime. help this nation fully engage the world. ing in Action (POW/MIA), freedom of emigra- Mr. Speaker, disapproval of this resolution This legislation cannot be evaluated, how- tion, increased U.S. business opportunities in will only discourage U.S. businesses from op- ever, without the approval of H.R. 2368. Ad- vancing the agenda of global trade in coun- Vietnam, and promoting Asian regional sta- erating in Vietnam, arm Soviet-style hardliners tries that do not respect their citizens is tanta- bility. with the pretext to clamp down on what eco- mount to modern day feudalism, and should Former Vietnamese Ambassador to the nomic and social freedoms the Vietnamese not be supported by this House. United States, Le Van Bang recently noted the people now experience, and eliminate what positive influence that continued engagement Establishing a trade regime with Vietnam opportunity we have to influence Vietnam in that will ease this nation’s transition into the has had on the Vietnamese people. He said the future. that since we first reestablished diplomatic WTO means nothing unless prisoners like Approval of this bilateral agreement will ad- Catholic Priest Nguyen Van Ly, Mr. Le Quang ties, the Vietnamese people have changed vance U.S. economic interests and, more im- their attitudes toward Americans from ‘‘the bit- Liem of the Inter-Religious Council, and Bud- portantly to our regional interests in Asia, fur- dhist leaders the Venerable Thieh Huyen terness of war to a love of America.’’ In such ther integrate Vietnam into the global econ- a fresh and positive atmosphere, our values in Quang and the Venerable Thieh Quang Do omy. I urge my colleagues to support this res- are ensured their right to freely exercise their other key areas surely stand a much better olution. hearing and more open consideration if we respective religions. Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. Speaker, today this House goes a long continue down this road. Approval of the U.S.- I rise in favor of H.J. Res. 51. I am pleased way toward reconciling the concerns of all par- Vietnam BTA demonstrates we too are healing to have the opportunity to vote in favor of free ties interested in global trade and its con- from one of the most divisive wars in our na- trade while respecting my commitment to sequences. Passage of H.J. Res. 51 ensures tion’s history and that we seek to begin a new Human Rights. that American products will be given fair ac- and truly productive era in U.S.-Vietnamese Mr. Speaker, last year the U.S. signed a cess to the Vietnamese marketplace. By com- relations. sweeping bilateral trade agreement with Viet- bining the extension of this trade with the rec- Congressional approval of the U.S.-Vietnam nam. ognition of Human Rights here on the House Bilateral Trade Agreement and the expansion The State Department year 2000 review of Floor, we set a positive precedent for future of business contacts between our two nations Vietnam human rights noted that Vietnam has trade legislation. I therefore support H.J. Res. provides the strongest foundation for encour- made improvements in its human rights 51. aging even further progress and reform in record. Despite these improvements, the State Mr. THOMAS. Mr. Speaker, I yield Vietnam. Therefore, I urge my colleagues to Department still rated Vietnam as ‘‘poor’’ over- back the balance of my time. vote yes for H.J. Res. 51. all on human rights, highlighting continued The Speaker pro tempore (Mr. SIMP- Mr. MORAN of Virginia. Mr. Speaker, I rise government repression of basic political free- SON). All time for debate has expired. in strong support of this measure to expand Pursuant to the order of the House of our trade relations with Vietnam. doms. The State Department also noted that the Vietnam Government is intolerant of dis- Wednesday, September 5, 2001, the joint This resolution, which ratifies the U.S.-Viet- resolution is considered read for nam bilateral trade agreement and extends senting viewpoints, and selectively represses the religious rights of its citizens. amendment, and the previous question normal trade relations to Vietnam, enjoys is ordered. broad bipartisan support. The agreement rep- Because of these factors, I voted in favor of H.J. Res. 55, legislation disapproving Waiver The question is on the engrossment resents a milestone toward building a stronger and third reading of the joint resolu- commercial relationship with Vietnam and pro- Authority with respect to Vietnam. Mr. Speak- er, my vote was a protest vote, for I believe tion. moting U.S. security and diplomatic interests The joint resolution was ordered to in the region. we cannot continue to hope that trade alone will guarantee the basic human rights of our be engrossed and read a third time, was We have seen tremendous progress in our read the third time, and passed. diplomatic and economic relations with the Vi- trading partners. etnamese Government. The country is experi- Today, this House also considers H.R. f encing a new era, driven by a population 2368, the ‘‘Vietnam Human Rights Act,’’ which GENERAL LEAVE where 65 percent of its citizens were born establishes a commission to monitor human Mr. THOMAS. Mr. Speaker, I ask after the war. Vietnam today welcomes U.S. rights in Vietnam. I regard this as a step in a unanimous consent that all Members trade and economic investment. new direction, and one that I applaud. By dis- may have 5 legislative days within Through a policy of engagement and U.S. cussing trade with Vietnam in the same con- which to revise and extend their re- business investment, Vietnam has improved text as its human rights situation, we are fi- marks on H.J. Res. 51, the joint resolu- its policies on immigration, cooperated on U.S. nally moving in a more comprehensive direc- tion just passed. refugee programs, and worked with the United tion that respects our global obligations. The SPEAKER pro tempore. Is there States on achieving the fullest possible ac- As the leader of the free world, we have an objection to the request of the gen- counting of POW/MIAs from the Vietnam War. obligation to promote core values when en- tleman from California? Despite problems of corruption and govern- gaging the rest of the world. Thus, I have There was no objection. ment repression, there is reason to believe fewer reservations about moving forward with f that our presence in Vietnam can improve the Vietnam. situation and encourage its government to be- As we move into this new millennium, our REREFERRAL OF H.R. 1448 TO COM- come more open, respect human rights and actions here today signal a commitment to ex- MITTEE ON RESOURCES AND follow the rule of law. Former U.S. Ambas- panding the marketplace in a manner that COMMITTEE ON THE JUDICIARY sador to Vietnam, Pete Peterson, our es- benefits both the United States and Vietnam. Mr. THOMAS. Mr. Speaker, I ask teemed former colleague and former POW, The extension of Normal Trade Relations will unanimous consent that the Com- has been one of our nation’s strongest advo- grant market access to American industrial mittee on Ways and Means be dis- cates for expanding trade with Vietnam. and agricultural products previously denied charged from consideration of the bill,

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.025 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5441 H.R. 1448, and that the bill be re-re- rorist group, Hamas, Abu Nidal and the White House, President Bush, supported ferred to the Committee on Resources others, has had operations in and by Secretary of State Colin Powell, expressed and to the Committee on the Judici- around Khartoum, and there is also, as to Sudan and the world that the United States ary. many people know, Osama bin Laden is deeply committed to helping resolve the The SPEAKER pro tempore. Is there had been in Sudan for a period of time. conflict in Sudan that has claimed an esti- objection to the request of the gen- There is slavery in Sudan. What hap- mated 2.2 million lives during the past 18 tleman from California? pens is the militia go into the villages, years of civil war. This is a conflict that has There was no objection. kill the men, rape the women and take also driven another 4 million from their homes, f the children away for slavery. threatens 2 million additional innocent victims So I think the move by President with starvation, has witnessed deliberate aerial ADJOURNMENT TO MONDAY, Bush today, working through the good SEPTEMBER 10, 2001 bombings of schools and churches by the gov- efforts of Secretary Powell, appointing ernment of Sudan, and has even tolerated the Mr. ISAKSON. Mr. Speaker, I ask Senator Danforth will really make a disgrace of slavery in the 21st century. unanimous consent that when the tremendous difference. It is the great- It was noted today, that the degree of dif- House adjourns today, it adjourn to est opportunity we have had in years to ficulty in bringing an end to the suffering in meet at 12:30 p.m. on Monday next for bring about a just and a lasting peace. Sudan is very high, but if there is even a morning hour debates. This puts a tremendous burden on chance of success, then the United States The SPEAKER pro tempore. Is there the Khartoum government and both must accept this role of peacemaker in this objection to the request of the gen- sides having to come together whereby struggle. I applaud Senator John Danforth for tleman from Georgia? the people of the south and the people stepping forward and accepting this most chal- There was no objection. of the north can live in peace. lenging position of trust. I believe he has the f This has been a particularly difficult experience, character and reputation around time because with the revenue, over DISPENSING WITH CALENDAR the world to succeed in this job. $700 million this year of oil revenues, WEDNESDAY BUSINESS ON Everyone who has been involved in bringing they are using that revenue to buy WEDNESDAY NEXT an end to the suffering in Sudan acknowl- weapons and helicopter gun ships to edges that this job will not be easy. This effort Mr. ISAKSON. Mr. Speaker, I ask kill the people in the areas where they will require the United States government to unanimous consent that the business have discovered and are now drilling speak as one voice. It will require the desire in order under the Calendar Wednesday for oil. for peace by the combatants in this war, the rule be dispensed with on Wednesday This is an opportunity. government of Sudan and the SPLA. It will re- next. I want to also thank all of the quire the support of the European Union and The SPEAKER pro tempore. Is there groups, and I will submit for the record neighboring countries of Sudan, such as Egypt objection to the request of the gen- all of the names, but those individuals Kenya and others. And it will require the sup- tleman from Georgia? who have been working on this issue port of non-government organizations, reli- There was no objection. for so long. I am reluctant to get into gious leaders and citizens of the world. I firmly f specifics because there are so many; believe that if successful in bringing a just SPECIAL ORDERS but I will at the end of the statement peace to Sudan, Senator Danforth should win submit with it their names and all the the Noble Peace Prize. The SPEAKER pro tempore. Under people who have been working for the Today’s ceremony announcing Senator the Speaker’s announced policy of Jan- last, some for 10, 11 and 12 years, a Danforth as Special Envoy to Sudan was a uary 3, 2001, and under a previous order number of Members of Congress. long time in coming. It came after many long of the House, the following Members When I think on the Senate side, the hours and hard work by many individuals and will be recognized for 5 minutes each. Senator from Tennessee (Mr. FRIST) groups around our country. The bright blue f and the Senator from Kansas (Mr. skies and bi-partisan crowd in the Rose Gar- b 1600 BROWNBACK). On the House side, the den reflected the perfect back drop for this gentleman from Colorado (Mr. ceremony today and signal bright hope for to- SUDAN SPECIAL ENVOY TANCREDO) and the gentleman from morrow for the people of Sudan. The SPEAKER pro tempore (Mr. New Jersey (Mr. PAYNE) and the gen- As I mentioned earlier, many individuals and SIMPSON). Under a previous order of the tleman from California (Mr. LANTOS) organizations are responsible for helping House, the gentleman from Virginia and other Congressmen who have been shape the administrations policy with regard to (Mr. WOLF) is recognized for 5 minutes. to the region that are working on this. Sudan. I applaud the bi-partisan efforts of Mr. WOLF. Mr. Speaker, I want to Also, the numerous groups of all de- members of Congress in supporting the ap- thank the President of the United nominations from throughout America pointment of a high-level Special Envoy to States, President George W. Bush, for that are participating and because of Sudan. Representatives DICK ARMEY, TOM the appointment today of a special their efforts this day has taken place. TANCREDO, DON PAYNE, TOM LANTOS, ED envoy, former Senator Danforth from With prayer and with the hard work ROYCE, SPENCER BACHUS, J.C. WATTS, CYN- Missouri to work on the issue of bring- of Senator Danforth, it will be my hope THIA MCKINNEY, CHRIS SMITH, TONY HALL, ing peace in Sudan. that we can bring peace whereby the former Congressmen Walter Fauntroy and I also want to thank Secretary of people of Sudan could live in peace. Harry Johnston as well as Senators SAM State Colin Powell for his efforts and In closing, from the bottom of my BROWNBACK and BILL FRIST all have played his work. I think the Bush administra- heart, I want to thank President Bush critical roles in seeing that this day finally ar- tion, President Bush and Secretary for this action, those on the Presi- rived and they deserve special mentioning. Powell, have really taken a very bold dent’s staff who helped put this to- Many in the administration also deserve and a very, very important step. gether; also Secretary Powell for his mentioning for their efforts in making this day I also want to congratulate or thank actions and those who work at the happen. Assistant Secretary of State Richard or commend Senator Danforth for ac- State Department that are involved in Armitage, National Security Adviser, cepting this very difficult job. As many this very, very important issue. Per- Condolezza Rice, Karl Rove at the White people know, there has been a war haps they will all be like Esther: they House, Andrew Natsios, the director of going on in Sudan for almost more are being called just for a time like USAID, Roger Winter, USAID, Elliot Abrams, than 18 years. this, to bring about peace, whereby the former chairman of the U.S. Commission on I have visited Sudan four times in people in the south and the north can International Religious Freedom and current the last 10 years. In Sudan more than live together. Assistant to the President at the National Se- 2.2 million people, most Christians, a Mr. Speaker, I rise to thank and congratu- curity Council, Walter Kansteiner, Assistant number of Animists and a number of late President George W. Bush and his admin- Secretary for African Affairs, and Ted Dagne Muslims, have been killed as a result of istration for naming former Senator John Dan- of the Congressional Research Service have this war. forth of Missouri as the United States Special all played pivotal roles in shaping U.S. policy. There has been unbelievable famine Envoy to Sudan. Earlier today, in a beautiful Religious leaders and organizations around in Sudan. In Sudan, every major ter- and powerful ceremony in the Rose Garden at our country have also provided unbending

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K06SE7.065 pfrm01 PsN: H06PT1 H5442 CONGRESSIONAL RECORD — HOUSE September 6, 2001 support in these efforts. Franklin Graham, Car- THE U.S. DOLLAR AND THE ations has become commonplace and is dinals Bernard Law and Theodor McCarrick, WORLD ECONOMY used as a form of protectionism. This the late Cardinal John O’Conner, Father Mi- The SPEAKER pro tempore. Under has been going on ever since the world- chael Perry of the United States Catholic Con- the Speaker’s announced policy of Jan- wide acceptance of fiat money 30 years ference, Faith McDonald of the Institute of Re- uary 3, 2001, the gentleman from Texas ago. Although some short-term advan- ligion and Democracy, as well as, the Pres- (Mr. PAUL) is recognized for 60 minutes tage may be gained for certain manu- byterian Church, Jewish leaders and Christian as the designee of the majority leader. facturers and some countries by such colleges across our country have all contrib- Mr. PAUL. Mr. Speaker, I have taken currency manipulation, it only adds uted as well. a Special Order today to address the fuel to the economic and financial in- Finally, many outside of government have subject of the U.S. dollar and the world stability inherent in a system of paper steadfastly beat the drum calling for action in economy, and in the words of James money. Sudan. I would be remised if I didn’t mention Madison, the pestilent effects of paper Paper money helps the strong and a few of them as well. Nina Shea and Rabbi money. hurts the weak before it self-destructs David Saperstein, both commissioners on the Mr. Speaker, Congress has a con- and undermines international trade. U.S. Commission on International Religious stitutional responsibility to maintain The U.S. dollar, with its reserve cur- Freedom, Roger Robinson and Adam Penner the value of the dollar by making only rency status, provides a much greater of the Casey Institute, Michael Horowitz, Pro- gold and legal silver tender and not to benefit to American citizens than that fessor Eric Reeves of Smith College, Chuck emit bills of credit, that is, paper which occurs in other countries that Colson and Mariam Bell of Prison Fellowship, money. This responsibility was per- follow a very similar monetary policy. radio personality Joe Madison of WOL-Am in formed relatively well in the 19th cen- It allows us to export our inflation by Washington, D.C., Steven Morrison of the tury despite the abuse of the dollar suf- buying cheap goods from overseas Center for Strategic and International Studies, fered during the Civil War and despite while our dollars are then lent back to Jerry Fowler of the U.S. Holocaust Museum, repeated efforts to form a Central us to finance our current account def- and Charles Jacobs of the American Anti-slav- Bank. icit. We further benefit from the con- ery group are just a few of the patriots for jus- This policy served to maintain rel- fidence bestowed on the dollar by our tice who have continued the efforts that led to atively stable prices, and the short- being the economic and military pow- a special envoy being named for Sudan. comings came only when the rules of erhouse of the world, thus postponing Today is a great day of hope for those who the gold standard were ignored or the day of reckoning. This permits our speak out for the voiceless and innocent of abused. extravagant living to last longer than Sudan who have suffered for too many years. In the 20th century, however, we saw would have otherwise occurred under a But, today is just the beginning of the efforts the systematic undermining of sound gold standard. that are hoped to bring a just peace to the in- money with the establishment of the Some may argue that a good deal sanity that has taken place in Sudan for the Federal Reserve System in 1913 and the like that should not be denied, but un- past two decades. outright rejection of gold with the col- fortunately the piper must eventually Today, President Bush described the war lapse of the Bretton Woods agreement be paid. Inevitably the distortions such taking place in Sudan as brutal and shameful. in 1971. We are now witnessing the ef- as our current account deficit and for- He said it deserves the attention and compas- fects of the accumulated problems of 30 eign debt will come to an end with sion of the world if it is to end. Senator Dan- years of fiat money, not only the dollar more suffering than anyone has antici- forth noted that the U.S. can encourage the but also all the world currencies, some- pated. peace, but can not make it happen on our thing the world has never before expe- The monetary inflation of the 1990s own. He will need much help in successfully rienced. produced welcomed profits of $145 bil- bringing the atrocities to an end. Exactly how it plays out is yet un- lion for the NASDAQ companies over It is my hope that through much prayer and known. Its severity will be determined the 5 years between 1996 and 2000. As- hard work, both sides in this conflict will re- by future monetary management, espe- toundingly, this entire amount was solve to bring an end to the suffering of so cially by the Federal Reserve. The lost in the past year. This does not many innocent people and end this war for likelihood of quickly resolving the even address the trillions of dollars of ever. I thank and applaud President Bush, deeply ingrained and worldwide imbal- paper losses in stock values from its Secretary Powell, Senator John Danforth and ances built up over 30 years is remote. peak in early 2000. Congress has ex- everyone involved in making this day happen. Yielding to the addiction of credit cre- pressed concern about the staggering I encourage the American people to stay vigi- ation, as has been the case with every stock market losses but fails to see the lant in seeing to it that peace comes to Sudan. market correction over the past 30 connection between the bubble econ- I pray for the people of Sudan that today will years, remains irresistible to the cen- omy and the monetary inflation gen- mark the beginning of peace in your country. tral bankers of the world. Central plan- erated by the Federal Reserve. f ners who occupy the seats of power in Instead, Congress chooses to blame the analysts for misleading investors. The SPEAKER pro tempore. Under a every central bank around the world The analysts may not be entirely previous order of the House, the gen- refuse to accept the fact that markets are more powerful and smarter than blameless, but their role in creating tleman from New Jersey (Mr. PALLONE) the bubble is minimal compared to the is recognized for 5 minutes. they are. The people of the United States, in- (Mr. PALLONE addressed the House. misleading information that the Fed- cluding the U.S. Congress, are far too His remarks will appear hereafter in eral Reserve has provided with artifi- complacent about the seriousness of the Extensions of Remarks.) cially low interest rates and a financial the current economic crisis. They re- market made flush with generous new f main oblivious to the significance of credit at every sign of correction over The SPEAKER pro tempore. Under a the U.S. dollar’s fiat status. Discus- the past 10 years. previous order of the House, the gen- sions about the dollar are usually lim- By preventing the liquidation of bad tleman from South Dakota (Mr. ited to the question of whether the dol- debt and the elimination of THUNE) is recognized for 5 minutes. lar is now too strong or too weak. malinvestment and overcapacity, the (Mr. THUNE addressed the House. His When money is defined as a precise Federal Reserve’s actions have kept remarks will appear hereafter in the weight of a precious metal, this type of the financial bubble inflated. Of course, Extensions of Remarks.) discussion does not exist. The only it is an easy choice in the short run. f thing that matters under that cir- Who would deliberately allow the mar- The SPEAKER pro tempore. Under a cumstance is whether an honest gov- ket tendency to deflate back to sta- previous order of the House, the gen- ernment will maintain convertibility. bility? That would be politically unac- tleman from Oregon (Mr. DEFAZIO) is Exporters always want a weak dollar; ceptable. recognized for 5 minutes. importers, a strong one. But no one de- Talk of sound money and balanced (Mr. DEFAZIO addressed the House. mands a stable, sound dollar, as they budgets is just that. When the economy His remarks will appear hereafter in should. Manipulation of foreign trade sinks, the rhetoric for sound policy and the Extensions of Remarks.) through competitive currency devalu- a strong dollar may continue, but all

VerDate 31-AUG-2001 01:37 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.030 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5443 actions by the Congress and the Fed anchor that gold provided for thou- 1930s and one that Japan has experi- will be directed toward reinflation and sands of years. enced for more than a decade with no end in sight. a congressional spending policy obliv- b 1615 ious to all the promises regarding a The next recession, from which I am balanced budget and the preservation Let there be no doubt, we live in un- sure we are already suffering, will be of the Social Security and Medicare precedented times and we are just be- even more pervasive worldwide than Trust Funds. ginning to reap what has been sown the the one in the 1930s due to the artificial But if the Fed and its chairman, Alan past 30 years. Our government and the nature of modern globalism with world Greenspan, have been able to guide us Federal Reserve officials have grossly paper money and international agen- out of every potential crisis all the way underestimated the danger. cies deeply involved in the economy of back to the stock market crash of 1987, Current concerns are expressed by every nation. We have witnessed the why should we not expect the same to worries about meeting the criteria for current and recent bailouts of Mexico, happen once again? Mainly because a government-declared recession and Argentina, Brazil, Turkey, and coun- there is a limit to how long the mone- whether a weaker dollar would help. tries in the Far East. While resisting tary charade can be perpetuated. Now The first is merely academic, because the market’s tendency for correction, it looks like the international finan- if you are one of the many thousands faith in government deficits and belief cial system built on paper money is who have been laid off, you are already in paper money inflation will surely coming to an end. in a recession. prolong the coming worldwide crisis. Modern day globalism since gold’s The second does not make a lot of Alan Greenspan made a concerted ef- demise 30 years ago has been based on sense unless one asks, compared to fort to stave off the 1991–1992 recession a purely fiat U.S. dollar with all other what? The dollar has been on a steady with numerous reductions in the Fed currencies tied to the dollar. Inter- course of devaluation for 30 years funds rate, to no avail. The recession national redistribution and manage- against most major currencies and hit, and most people believe it led to ment of wealth through the IMF, the against gold. Its purchasing power in George Bush’s defeat in the 1992 elec- World Bank, and the WTO have pro- general has been steadily eroded. tion. It was not that Greenspan did not moted this new version of globalism. The fact that the dollar has been try. In many ways, the Bush people’s This type of globalism depends on strong against Third World currencies criticism of Greenspan’s effort is not trusting central bankers to maintain and against most major currencies for justified. Greenspan, the politician, currency values and the international the past decade does not cancel out the would have liked to please the elder institutions to manage trade equitably, fact that the Federal Reserve has sys- Bush, but was unable to control events while bailing out weak economies with tematically eroded the dollar’s value as he had wished. This time around, however, he has dollar inflation. This, of course, has by steadily expanding the money sup- been much more aggressive, with half- only been possible because the dollar’s ply. Recent reports of a weakening dol- point cuts, along with seven cuts in strength is perceived to be greater than lar on international exchange markets just the last 8 months, for a total of 3 it really is. have investment implications, but do Modern day globalists would like us not reflect a new policy designed to points cut in the Fed funds rate. But, to believe they invented globalism. Yet weaken the dollar. This is merely the guess what? So far, it has not helped; stocks continue to slide and the econ- all they are offering is an unprece- market adjusting to 30 years of system- omy is still in the doldrums. It is now dented plan for global power to be atic monetary inflation. safe to say that Greenspan is pushing placed in the hands of a few powerful Regardless of whether the experts de- mand a weak dollar or a strong dollar, on a string. special interests. In the year 2000, bank loans and com- Globalism has existed ever since each inevitably demands lower interest mercial paper were growing at an international trade started thousands rates, hoping to spur the economy and annualized rate of 23 percent. In less of years ago. Whether it was during the save the stock market from crashing. than a year, in spite of this massive in- Byzantine Empire or the more recent But one must remember that the only flux of new credit, these loans have British Empire, it worked rather well way the Federal Reserve can lower in- crashed to a rate of minus 5 percent. terest rates is to inflate the currency when the goal was honest trade and the Where is the money going? Some of it currency was gold. Today, however, by increasing the money supply and by probably has helped to prop up the world government is the goal. Its tools further debasing the currency. staggering stock market, but that can- are fiat money and the international In the long term, the dollar is always not last forever. Plenty went into con- agencies that believe they can plan weakened even if the economy is occa- sumption and to finance extravagant globally, just as many others over the sionally stimulated on a short-run living. The special nature of the dollar centuries believed they could plan do- basis. Economic growth can hide the ill as the reserve currency of the world mestically, ignoring the fact that all effects of monetary inflation by hold- has permitted the bubble to last efforts at socialism have failed. ing some prices in check, but it cannot longer. That would be especially bene- The day of reckoning for all this mis- prevent the overcapacity, the ficial to American consumers. But in chief is now at hand. The dollar is malinvestment which causes the eco- the meantime, understandably, market weakening in spite of all the argu- nomic downturn. and political forces have steadily erod- ments for its continued strength. Eco- Of course, the central bankers cling ed our industrial base, while our serv- nomic law is overruling political to the belief that they somehow can ice sector has thrived. edicts. Just how long will the U.S. dol- prevent the ugly corrections known as Consumers enjoyed having even more lar and the U.S. taxpayers be able to ‘‘recessions.’’ Economic growth, when funds to spend as the dollars left manu- bail out every failed third-world econ- artificially stimulated by money facturing. In a little over a year, 1 mil- omy and pay the bills for policing the growth and low interest rates, gen- lion industrial jobs were lost, while world? U.S. troops are now in 140 na- erates the speculation we have seen in saving rates sank to zero and capital tions around the world. The answer is the stock, bond and real estate mar- investments plummeted. Foreigners certainly not forever and probably not kets, along with the accumulation of continue to grab our dollars, permit- much longer, since the world econo- excessive debt. Once the need for recti- ting us to raise our standard of living, mies are readjusting to the disloca- fying the overcapacity is recognized by but unfortunately, it is built on endless tions of the past 30 years of mis- the market, these imbalances are des- printing of fiat money and self-limiting management and misallocation of cap- tined to be wiped out. personal debt. ital characteristic of fiat money. Prolonging the correction phase with The Federal Reserve credit created Fiat money has been around for a the Fed’s effort to reinflate by dili- during the last 8 months has not stimu- long time off and on throughout his- gently working for a soft landing, or lated economic growth in the tech- tory, but never has the world been so even to prevent a recession, only nology or the industrial sector, but a enthralled with the world economy postpones the day the economy can re- lot of it ended up in the expanding real being artificially structured with paper turn to sustained growth. This is a estate bubble, churned by the $3.2 tril- money and with a total rejection of the problem the United States had in the lion of debt maintained by the GSEs,

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.071 pfrm01 PsN: H06PT1 H5444 CONGRESSIONAL RECORD — HOUSE September 6, 2001 the Government Sponsored Enter- and real estate bubbles affect economic rate, and is destined to get worse. Our prises. The GSEs, made up of Fannie activity and consumer spending. It dollar problem, which affects our fi- Mae, Freddie Mac and the Federal should be no mystery, but it would be nancial and budgetary decisions, origi- Home Loan Bank, have managed to too much to expect the Fed to look to nated at the Fed with our country’s ac- keep the housing market afloat, in con- itself and its monetary policy for an ceptance of paper money 30 years ago. trast to the more logical slowdown in explanation and assume responsibility Federal Reserve officials and other hotel and office construction. This for engineering the entire financial government leaders purposely contin- spending through the GSEs has also mess we are in. ued to mislead the people by spouting served as a vehicle for consumption A major problem still remains. Ulti- the nonsense that there is no evidence spending. This should be no surprise, mately, the market determines all val- of inflation as measured by govern- considering the special status that the ues, including all currencies. With the ment rigged price indices. GSEs enjoy, since their implied line of current direction of the dollar, cer- Even though significant price in- credit to the U.S. Treasury keeps their tainly downward, the day of reckoning creases need not exist for monetary in- interest rates artificially low. is fast approaching. A weak dollar will flation to place a hardship on the econ- The Clinton administration encour- prompt dumping of GSE securities be- omy, stock prices, housing prices, costs aged growth in housing loans that were fore Treasuries, despite the Treasury’s of medical care and education and the financed through this system. In addi- and the Fed’s attempt to equate them cost of government have all been rising tion, the Federal Reserve treats GSE with government securities. This will at very rapid rates. But the true infla- securities with special consideration. threaten the whole GSE system of fi- tion, measured by the money supply, is Ever since the fall of 1999, the Fed has nance, because the challenge to the rising at a rate greater than 20 percent monetized GSE securities just as if dollar and the GSEs will hit just when as measured by MZM. This fact is ig- they were U.S. Treasury bills. This the housing market turns down and de- nored. message has not been lost by foreign faults rise. The deception regarding price in- central banks, which took their cue Also a major accident can occur in creases is supported to reassure us, and from the Fed and now hold over $130 the derivatives market, where Fannie may do so for a while. The Fed never billion worth of United States GSE se- Mae and Freddie Mac are deeply in- admits it, and the Congress disregards curities. volved in hedging their interest rate it out of ignorance, but the serious The Fed holds only $20 billion worth, bets. Rising interest rates that are in- harm done by artificially low interest but the implication is clear: Not only herent with a weak currency will wors- rates leading to malinvestment, over- will the Treasury loan to the GSEs, if en the crisis. capacity, excessive debt and specula- necessary, since the line of credit is al- The weakening dollar will usher in tion are the distortions that always ready in place, but if necessary, Con- an age of challenge to the whole world- guarantee the next recession. gress will surely accommodate with ap- wide financial system. The dollar has Serious problems lie ahead. If the propriations as well, just as they did been the linchpin of economic activity, Fed continues with the same monetary during the savings and loan crisis of and a severe downturn in its value will policy of perpetual inflation and the the 1970s. not go unnoticed and will compound Congress responds with more spending But the Fed has indicated to the the already weakening economies of and regulations, real solutions will be world that the GSEs are equivalent to the world. indefinitely delayed. The current prob- U.S. Treasury bills, and foreign central More monetary inflation, even if it is lems hopefully will cause us as a na- bankers have enthusiastically accom- a concerted worldwide effort, cannot tion and, in particular, Congress to re- modated, sometimes by purchasing solve the approaching crisis. The com- assess the policies that have allowed more than $10 billion worth of these se- ing crisis will result from fiat money the imbalances to develop over these curities in 1 week alone. They are and the monetary inflation. More of last 30 years. merely recycling the dollars we so gen- the same cannot be the solution. Pseu- Some day, stable money, based on erously print and spend overseas. do free trade, managed poorly and driv- the gold standard, must be reconsid- After the NASDAQ collapsed last en by fiat money, is no substitute for ered. Stable money is a constitutional year, the flow of funds into real estate true free trade in a world with a stable responsibility of Congress. accelerated. The GSEs accommodated commodity currency, such as gold. by borrowing without restraint to sub- Managed trade and fiat money his- b 1630 sidize new mortgages, record sales and torically have led to trade wars, which refinancing. It is no wonder the price of the international planners pretend to The Federal Reserve Board’s goal of houses are rising to record levels. abhor. Yet the trade war is already stable prices, economic growth and in- Refinancing especially helped con- gearing up, and the WTO, purported to terest rates, through centralized eco- sumers to continue spending, even in a exist to lower tariffs, is actually the nomic planning, by manipulating slowing economy. It is not surprising agency that grants permission for tar- money and credit, is a concoction of for high credit card debt to be fre- iffs to be applied when complaints of the 20th century Keynesian economics. quently rolled into second mortgages, dumping are levied. These efforts are not authorized by the since interest on mortgage debt has the We are in the midst of a banana, tex- Constitution and are economically det- additional advantage of being tax de- tile, steel, lumber and tax war, all rimental. ductible. managed by the WTO. When cheap im- Economic adjustments would not be When financial conditions warrant, ports hit our market, it is a good deal so bad, as many mild recessions have leaving financial instruments such as for our consumer, but our manufactur- proven, except that wealth is inex- paper assets and looking for hard as- ers are the first to demand permission orably and unfairly transferred from sets such as houses is commonplace to place protective tariffs on imports. the middle class and the poor to the and is not a new phenomenon. Instead If this is already occurring in an econ- rich. Job losses and the rising cost of of the newly inflated money being di- omy that has been doing quite well, living hurt some more than others. If rected toward the stock market, it now one can imagine how strong the protec- our course does not change, the entire finds its way into the rapidly expand- tionist sentiments will be in a world- middle class prosperity can be endan- ing real estate bubble. This, too, will wide slowdown. gered, as has happened all too often in burst, as all bubbles do. The Fed, the Congress is starting to realize that other societies that pursued a false be- Congress or even foreign investors can- the budget forecast based on an overly lief that paper money could be satisfac- not prevent the collapse of this bubble, optimistic growth rate of 3 percent is torily managed. any more than the Japanese banks way off target, and even the pseudo Even the serious economic problems were able to keep the Japanese miracle surpluses are soon to be eliminated. generated by a flawed monetary sys- of the 1980s going forever. Remember, the national debt never tem could be tolerated, except for the Concerned Federal Reserve econo- went down with the so-called surpluses. inevitable loss of personal liberty that mists are struggling to understand how The national debt is currently rising at accompanies government’s effort to the wealth effect of the stock market more than $120 billion on an annualized centrally plan the economy through a

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.076 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5445 paper monetary system and ever-grow- no one wants: more poverty and polit- America; three, provide funding to pre- ing welfare state. Likewise, an impe- ical turmoil. pare, educate, and train our current rialistic foreign policy can only be sup- There are no other options if we hope and future workforce for high-tech- ported by inflation and high taxation. to remain a free and prosperous Na- based employment; and finally, estab- This policy compounds the threat to tion. Economic and monetary meddling lish an Office of Rural Technology liberty because, all too often, our lead- undermines its principles of a free soci- within the Department of Agriculture ers get us involved in overseas military ety. A free society and sound money to coordinate rural technology pro- adventurism in which we should have maximize production and minimize grams and act as a clearinghouse for no part. Today, that danger is greater poverty. The responsibility of Congress government and private, high-tech than ever as we send our dollars and is clear: avoid the meddling so in- grant information. our troops hither and yon to areas of grained in our system and assume the Broadband access should not be an the world most Americans have no responsibility all but forgotten, to intangible idea lying beyond the reach knowledge or interest in. But the driv- maintain a free society, while making of our rural citizens. We must continue ing force behind our foreign policy the dollar, once again, as good as gold. to take steps to expand access to these comes from our oil corporations, inter- Now, I want to close with a quote information resources and include national banking interests, and the from James Madison from The Fed- those Americans who are currently military industrial complex which eralist Papers, because the founders of being left behind in the effort to elimi- have high-stake interests in the places this country faced the dilemma of run- nate the digital divide. our troops and foreign aid are sent. away inflation with the continental Mr. Speaker, I urge my colleagues to If, heaven forbid, the economy sinks currency and that is where our slogan join me in the support of this legisla- as low and for as long as many free comes from: ‘‘It is not worth a conti- tion. market economists believe, what pol- nental.’’ This was a major reason why f icy changes must we consider? Cer- we had the constitutional convention MARKING AN IMPORTANT MILE- tainly, the number one change ought because they knew and understood the STONE FOR PARKINSON’S DIS- to be to reject the ideas that created evils and the disastrous effects of what EASE RESEARCH, THE MORRIS K. the crisis, but rejecting old ways that paper money could do to a society. UDALL RESEARCH ACT Congress and the people are addicted to These are the words of James Madison. The SPEAKER pro tempore (Mr. is not easy. Many people believe that He says, ‘‘The extension of the prohibi- SIMPSON). Under a previous order of the government programs are free. The tion to bills of credit must give pleas- House, the gentlewoman from New clamor for low interest rates and, ure to every citizen in proportion to York (Mrs. MALONEY) is recognized for therefore, more monetary inflation, by his love of justice and his knowledge of 5 minutes. virtually all public officials and promi- the true springs of public prosperity. Mrs. MALONEY of New York. Mr. nent business and banking leaders is The loss which America has sustained Speaker, I am proud to come to the endless. And, the expectation for gov- since the peace, from the pestilent ef- floor this evening to mark the fourth ernment to do something for every eco- fects of paper money on the necessary anniversary of the passage of the Mor- nomic malady, even if ill-advised gov- confidence between man and man, on ris K. Udall Parkinson’s Research Act, ernment policy had created the prob- the necessary confidence in the public an anniversary that occurred this lem in the first place, drives this seduc- councils, on the industries and morals week. tive system of centralized planning of the people, and on the character of In 1999, along with my friends and that ultimately undermines prosperity. republican government, constitutes an colleagues, the gentleman from Michi- A realization that we cannot continue enormous debt against the States gan (Mr. UPTON); the gentleman from our old ways may well be upon us, and chargeable with this ill-advised meas- Illinois (Mr. EVANS); the gentleman the inflating, taxing, regulating, and ure.’’ from New Mexico (Mr. SKEEN); the gen- the centralized planning programs of f tleman from Colorado (Mr. MARK the last 30 years must come to an end. UDALL); the gentleman from New Mex- Only reigning in the welfare-warfare BRINGING BROADBAND TO RURAL AMERICA ico (Mr. TOM UDALL); and the gen- state will suffice. This eliminates the tleman from California (Mr. WAXMAN), need for the Fed to monetize the debt (Mr. BOSWELL asked and was given I formed the Congressional Working that politicians depend on to please permission to address the House for 1 Group on Parkinson’s Disease. The their constituents and secure their re- minute and to revise and extend his re- working group strives to ensure that election. We must reject our obsession marks.) the Nation’s decisionmakers remain with policing the world by our endless Mr. BOSWELL. Mr. Speaker, a recent ever aware of the needs of the more foreign commitments and entangle- Department of Commerce report states than one million Americans struggling ments. This would reduce the need for that only 38.9 percent of rural house- with the devastating disease of Parkin- greater expenditures, while enhancing holds have Internet access. son’s. our national security. It would also re- In this unprecedented age of informa- Four years ago this Monday, Senator move pressure on the Federal Reserve tion and global interaction, broadband WELLSTONE was successful in adding to continue a flawed monetary policy access and the Internet are critical ele- the Morris K. Udall Parkinson’s Re- of monetizing endless government debt. ments. Americans are increasingly search Act as an amendment to the But we must also reject the notion using online services to conduct such Senate Labor-HHS Appropriations bill. that one man, Alan Greenspan, or any everyday activities as bank account Not surprisingly, the amendment was other chairman of the Federal Reserve, transactions, personal correspondence, approved by a vote of 95 to 3. can know what the proper money sup- shopping, and research. As our Nation Named for Arizona Representative ply and the proper interest rates ought continues to evolve, access to the op- Mo Udall to honor his legacy, the Mor- to be. Only the market can determine portunities of the Internet will have an ris K. Udall Parkinson’s Research Act that. This must happen if we ever ex- important supporting role in the eco- was originally introduced on April 9 of pect to avoid continuous and deeper re- nomic, educational, and social suc- 1997. The gentleman from Michigan cessions and to get the economy grow- cesses of our citizens. (Mr. UPTON) and the gentleman from ing in a healthy and sustainable fash- Today, along with the gentleman California (Mr. WAXMAN) were the bill’s ion. It also must happen if we want to from Nebraska (Mr. OSBORNE), I am in- lead sponsors in the House, and Sen- preserve free market capitalism and troducing the Rural American Tech- ator MCCAIN and Senator WELLSTONE personal liberty. nology Enhancement Act, or RATE, of were the sponsors in the Senate. In the The longer the delay in establishing 2001. The legislation will: one, provide 105th Congress, this bill had over 255 a free market and commodity cur- incentives to expand broadband/high- cosponsors, and I was proud to be an rency, even with interrupted blips of speed telecommunications access to original cosponsor. growth, the more unstable the econ- rural America; two, provide incentives The Udall Act expanded basic and omy and the more difficult the task be- and tax credits for expanding and relo- clinical research in Parkinson’s dis- comes. Instead, it will result in what cating high-tech businesses to rural ease. It established Udall Centers of

VerDate 31-AUG-2001 01:37 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.078 pfrm01 PsN: H06PT1 H5446 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Excellence around the country and set my colleagues are struggling with Par- types of fields of endeavor. But when up the Morris K. Udall Awards in Par- kinson’s or have family members who the need came and when folks in our kinson’s Research to provide grants to are living with this terrible disease. My communities told us that the edu- scientists who are working to cure Par- own father has been afflicted by Par- cation systems were broken, that there kinson’s. One of the 11 Udall Centers is kinson’s, and I have seen the impact of were so many children who were not located in the City of New York. The this disease firsthand and have spoken insured with health insurance, then we New York group is doing innovative re- to the experts. Professionals at NIH took up the gauntlet, and we began to search, including identifying new have said that this disease is curable build a base to run for office. genes, that when either expressed or within as little as 5 years, and I hope We encourage not only the women suppressed, contribute to the degenera- that our government will be part of who are here who see this floor, who tion of key nerve cells. They are also making this research happen. see this House, the House that receives investigating gender and ethnic dif- Mr. Speaker, an important part of people from around the globe. Earlier ferences in people with Parkinson’s curing Parkinson’s disease depends on today we welcomed the President of Disease. stem cell research and allowing that Mexico, Mr. Vicente Fox. We are wel- Notably too, Columbia University’s research to go forward. coming them today. We welcome all Dean of Medicine is the former director f who come to seek out what we do in of NIH’s National Institute of Neuro- the House, the people’s House, a House logical Disorders and Stroke, Dr. Ger- WELCOMING OUTSTANDING where we pass laws to make the qual- ald Fischbach. The work at this Udall WOMEN FROM AROUND THE ity of life better for all people. Center, as well as centers across the GLOBE It has been my pleasure to host them country, is leading to a better under- The SPEAKER pro tempore. Under a today with the members of the Con- standing of the brain and how this dis- previous order of the House, the gentle- gressional Conference of Women’s ease affects it. The ground-breaking re- woman from California (Ms. Issues, and with women and men search at the Udall Centers, as well as MILLENDER-MCDONALD) is recognized Congresspersons who came to welcome our Nation’s public and private sector for 5 minutes. them to the House. research efforts, will lead to better Ms. MILLENDER-MCDONALD. Mr. Mr. Speaker, I welcome them to this treatments and hopefully, a cure for Speaker, I rise today to welcome 24 House. Parkinson’s. outstanding women who represent f In this Congress, I will proudly join eight countries on the continent of Af- the gentleman from Colorado (Mr. rica who have come at the request of UNITED STATES DECISION TO MARK UDALL) and the gentleman from the League of Women Voters, who have PULL OUT OF THE UNITED NA- New Mexico (Mr. TOM UDALL) and come to look at what we, the women of TIONS WORLD CONFERENCE members of the Congressional Working the House, do in order to empower our- AGAINST RACISM Group in introducing a reauthorization selves and empower the women The SPEAKER pro tempore (Mr. of the Morris K. Udall Parkinson’s Re- throughout this country. SIMPSON). Under a previous order of the search Act. I urge all of my colleagues House, the gentlewoman from Cali- b 1645 to join us in this effort. fornia (Ms. LEE) is recognized for 5 In the spirit of Mo Udall’s tenacity I am so pleased to welcome my minutes. and strength of purpose, we cannot friends from Ethiopia, Ghana, Nigeria, Ms. LEE. Mr. Speaker, I rise today to stop now. We must wholeheartedly sup- Tanzania, Uganda, Zambia, and express my strong opposition and dis- port Parkinson’s research until we find Zimbabwe. These women represent appointment with the Bush adminis- a cure. non-governmental organizations, but tration’s decision to end the United As the President has said, we must are interested in the political process States participation in the World Con- continue on a path to doubling the NIH and how they can better serve the peo- ference Against Racism and not to budget by 2003. In last year’s appropria- ple of their respective countries upon even send initially Secretary of State tions, over $71 million of the NIH budg- their return. Colin Powell to represent our interests. et was designated for Parkinson’s dis- As we all recognize, the League of Once again, the United States is on ease research, but this is only year 1 Women Voters encourages the in- the wrong side of history. I traveled to funding of the NIH’s 5-year plan for formed and active participation of citi- South Africa to participate in the Parkinson’s disease research. zens in government, works to increase Leading scientists describe Parkin- World Conference Against Racism as a understanding of major public policy son’s as the most curable neurological congressional adviser, along with sev- disorder. That is why I urge my col- issues, and influences public policy eral of my colleagues with the Congres- leagues to support the second year through education and advocacy. sional Black Caucus. funding of the 5-year NIH plan. Recent They have come in that role as advo- Prior to attending the conference, I advances in Parkinson’s disease re- cates to take back with them how we, joined my colleagues in urging the search have given us hope that a cure the 62 women who make up the House Bush administration to send a high- is very near. The science regarding of Representatives, function: the types level delegation led by Secretary of Parkinson’s has advanced to a stage of policies that we pass out of this State Colin Powell. where greater management and coordi- House. As we all know, the decision of the nation of the federally funded research I happen to serve as the co-chair of United States to not participate in the effort will accelerate the base of sci- the Congressional Caucus on Women’s conference was based on language in entific progress dramatically. I ask all Issues, and I simply told them that to the draft document that would have of my colleagues to support the NIH re- empower themselves is to become part resurrected the controversial debate of search agenda by fully funding the $143 of the democratic process, and that is Zionism equals racism. Why then, on million increase for fiscal year 2002 in to vote, to encourage all of the folks such an important issue, was the Sec- the Labor-HHS appropriations bill. within their countries to vote, to be retary of State prevented from making Secondly, we must continue to fund participatory in the election process, every effort, and I mean every effort, the U.S. Army’s Neurotoxin Exposure and then to seek the needs of women to get rid of this destructive language? Treatment Research Program. The re- and families so that they can address He should have been there doing that. search not only strives to improve the those through an advocacy program to I am totally convinced that the treatment of neurological diseases, but follow the needs of those respective United States should have been rep- also aims to identify the causes of dis- constituents, and certainly it will help resented by Secretary Powell because eases and prevent them. I am heart- them to build the base that is nec- he is well respected, very bright, and ened by the scientific progress being essary to run for office. probably would have been able to help made. We are very close to a cure for Those of us who are women here in the conference move forward by insist- this disease. the House have not sought to get these ing that it stay focused on its purpose, As my colleagues may know, this is a seats initially. We were teachers and the elimination of racism, rather than personal issue for many of us. Some of nurses and social workers and other the Middle East crisis, which warrants

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.079 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5447 our full attention in trying to get the ment of international and regional mecha- members there, and I think we were peace process back on track. nisms for dismantling racism. the ones that gave credibility to the America should have asserted its 9. Adoption of policies specific to African United States, because I really feel leadership by fully engaging in the and African Descendant Women that recog- that we missed an opportunity. nize and address the intersection of race and world conference against racism, not gender. So I would like to read to this body by detaching from it. 10. Support for the adoption of policies my statement that was delivered while It is an outrageous insult to millions that recognize and address the intersection we were there in Durbin, South Africa, of Americans that our first African of race and sexual orientation. at the United Nations Conference on American Secretary of State, Colin Mr. Speaker, the United States Gov- Racism, Xenophobia, and Other Intol- Powell, was not allowed to join in this ernment sanctioned slavery for hun- erance, because I think it states the important discussion. Many Americans dreds of years, completely devastating point. are equally and rightfully outraged by the lives of generations and genera- ‘‘It is a distinct honor to participate the Bush administration’s decision. tions of Africans in America. It is long with representatives from around the We know, I know, this House knows, past time that this government for- world who are joined in one common that this country has a long history mally deal with its participation in the concern, and that is the elimination of embedded in racism. Full participation institution of slavery and to begin the the scourge of racism. No nobler intent in the conference would have sent a healing process for millions of Ameri- can there be to express our support for message that the United States was cans who are descendents of slaves. eradicating this menace that has per- joining the world in efforts to discuss The United States should be leading meated our halls of justice, our halls strategies to eliminate racism, xeno- the charge to address the lasting im- and places of power, our board rooms, phobia, sexism, hate crimes, religious pact of the transatlantic slave trade, our schoolrooms, and our main streets. I use as a frame of reference my own intolerance, and other forms of intoler- what to do about it, and specifically to place of birth, the United States of ance. No other country has this tragic discuss reparations. We cannot forget America, which has failed to send a history as we do. Who else should be that America’s racism is rooted in the high-level delegation. So I have to say, leading the world community in ad- institution of slavery. That must be shame, shame on America. You have dressing this? We should. dealt with in order to move forward as demonstrated your reluctance to sit at However, the manner in which the a healed and healthy country. the table of nations to discuss past United States has addressed the World As an African American woman and a policies that have contaminated our re- Conference Against Racism is really a Member of Congress, it is embarrassing lations between the majority and the disgrace. It is a slap in the face to mil- that this miscalculated and callous de- minority in our own country. So deep lions of Americans who have been af- cision to abandon the conference will are the wounds that healing appears to fected by past United States policies once again leave the United States out be unattainable and the political will rooted in racist ideology and are deal- of serious international dialogue. ing with the consequences each and evasive. Racism is a fundamental question of The legacy of slavery not only has every day in their daily lives. human rights, and in the House Com- The United States is sending a mes- broken the spirit of many African mittee on International Relations and Americans in the Diaspora, but also sage that it is indifferent to the issues here on the floor we regularly question of circumstances facing Native Ameri- left generations to come without the human rights practices in other coun- hope to look ahead with clarity. We cans, Latino and Hispanic Americans, tries. It is equally important that we Asian Pacific Americans, as well as Af- seek a future without the pain of suf- apply the same scrutiny to our own so- fering from the indignities and intoler- rican Americans. I firmly believe that ciety and examine the easily recogniz- this is a grave mistake and a missed ances spawned by the involuntary sei- able vestiges of slavery manifested in zure of a people from the very con- opportunity of the greatest magnitude. the current racial and economic di- The World Conference Against Rac- tinent on which we stand today. vides that we experience today. The Congressional Black Caucus ism provided an important and credible The World Conference Against Rac- platform to address racism in all its stands with the participating nations ism provided our government with a asking for a healing that will repair forms. This platform is also critical to credible platform to do this. Yet once the discussion of the 10 priority action the broken and make them whole. But again, as with the previous two con- first our country must recognize its points of consensus presented by the ferences, we are absent. Africans and African descendents at past mistakes and own up to them. I want to urge my colleagues to sup- It is disingenuous for critics to harp the conference, and should have been port legislation offered by the gen- on the theme that the past is the past, embraced by the conference and by the tleman from Michigan (Mr. CONYERS), which they had nothing to do with, and United States Government. H.R. 40, which would commission a Mr. Speaker, I include for the now we must fast-forward to the fu- study to examine the effects of slavery ture. It loses sight of the psychological RECORD this statement on the Ten Pri- and to begin a substantive discussion and sociological damage remaining ority Action Points. which I believe will move us forward The document referred to is as fol- from the harsh and unjust treatment of toward healing our Nation. This legis- lows: the past. This refrain, ‘‘the past is the lation must move forward. past,’’ cannot be washed away with TEN PRIORITY ACTION POINTS OF CONSENSUS Again, let me reiterate my deep dis- only an apology, but could with a se- AFRICAN AND AFRICAN DESCENDANTS CAUCUS appointment at the decision of the ad- ries of meaningful discussions held in 1. The Slave Trade, Slavery and colo- ministration to pull out of this con- nialism are crimes against humanity. the United States that acknowledge 2. Reparations for Africans and African De- ference. The next time this oppor- the past and develop plans for the fu- scendants. tunity presents itself, the United ture to eradicate racism. 3. Recognition of the economic basis of rac- States not only needs to attend this I therefore call on the United States ism. conference, but to host it. to host its own conference on racism in 4. Adoption of corrective national (domes- f the near future and to support the leg- tic) public policies with emphasis on envi- islation of the gentleman from Michi- ronmental racism and health care. U.N. CONFERENCE AGAINST gan (Mr. CONYERS), H.R. 40, which will 5. Adoption of culture-specific development RACISM policies. ask for a discussion, a study on racism. 6. The adoption of mechanisms to combat The SPEAKER pro tempore. Under a Reparations can consist of a variety the interconnection of race and poverty, and previous order of the House, the gentle- of approaches that indeed further the the role that globalization (caused by gov- woman from California (Ms. WATSON) is advancement of those oppressed and ernments and the private sector) has in this recognized for 5 minutes. provide benefits for their offspring. We interconnection. Ms. WATSON of California. Mr. need to look at better educational op- 7. Adoption of mechanisms to combat rac- Speaker, I attended the conference in portunities for our young people from ism in the criminal punishment (penal) sys- tem. Durbin on racism with the gentle- kindergarten to college; health insur- 8. Reform of the legal system including na- woman from California (Ms. LEE). The ance coverage, maybe; the unjust jus- tional constitutional reforms and develop- Congressional Black Caucus had seven tice system; racial profiling; affordable

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.081 pfrm01 PsN: H06PT1 H5448 CONGRESSIONAL RECORD — HOUSE September 6, 2001 housing; environmental racism; job op- Shortly after he was diagnosed, there his father’s illness; and of course, we portunities; creation of entrepreneur- was a scandal involving a woman by all remember his father’s great accom- ships. There are many, many ways in the name of Paula Parkinson, a blond plishments. Mo Udall was one of this which 40 acres and a mule can trans- lobbyist who kissed and told about her body’s greatest Members in the 20th late into productive activities without affairs with several Congressmen. He century, a man of great humor, great the need for budget-busting expendi- used to tell a joke that there were two concern for those in this society who tures. kinds of Parkinson’s disease, the kind are less fortunate, and a man of great Let us start the debate here, and discovered by an English doctor during achievement in this body. Mo Udall’s then go to our respective homes and the 1800s and the kind you get when last years were marred by Parkinson’s continue these dialogues until the cul- you go to Florida with a blond lob- disease, but he dealt with it coura- ture of racism and intolerance is elimi- byist. There were no similarities be- geously. nated from the face of the Earth, and tween the two afflictions, he said, ex- We are all fortunate that his son, our especially, from the soil that we tilled cept they both cause you to lose sleep colleague from Colorado, and his neph- and sowed. and they both give you the shakes. ew, the gentleman from Arizona, are f In all seriousness, though, I think Mo carrying on his good work in this body. PROGRESS ON CURING would be humbled and honored by the We appreciate what the gentleman PARKINSON’S DISEASE fact that this important act and the from Colorado is doing today and ap- centers of excellence it creates are preciate especially his sharing the The SPEAKER pro tempore. Under named after him. He dedicated his life story of his father with us and remind- the Speaker’s announced policy of Jan- to making a difference in the lives of ing us of the importance of carrying on uary 3, 2001, the gentleman from Colo- people, and by having his name associ- this work, which we do in his name. rado (Mr. UDALL) is recognized for 60 ated with this act, he continues to Mr. UDALL of Colorado. I thank the minutes as the designee of the minor- have an impact on the world even after gentleman for expressing those senti- ity leader. his death. ments, and I know everyone in my fam- Mr. UDALL of Colorado. Mr. Speak- The act authorizes $100 million at the ily appreciates the affection and re- er, I come to the floor today to com- National Institutes of Health for Par- spect that the gentleman has acknowl- memorate the anniversary of the Mor- kinson’s research. It also establishes 10 edged that exists for my father. ris K. Udall Parkinson’s Disease Re- centers for research throughout the I would add to the comments that search Act. This act, which was passed Nation and creates a national Parkin- the gentleman made that I think Par- 4 years ago this month, has strength- son’s information clearinghouse for kinson’s disease should truly be char- ened our national research effort to de- support of research and education. acterized as the most common uncom- velop more effective treatments and Mr. Speaker, the Udall Act has mon disease. And by that I mean, the hopefully a cure for Parkinson’s dis- helped us make tremendous progress in researchers tell us only about a million ease. the fight against Parkinson’s and in Americans have the disease. But I Before I say what I have to say, I understanding other neurodegenerative guarantee that if we were to walk out want to salute the millions of people diseases. That is why we need to act on the streets outside the Capitol here who are in the daily battle against this soon and reauthorize the act. We need and we were to talk to four or five peo- disease. to give researchers the necessary fund- ple, by the time we would get to the b 1700 ing and support to combat this debili- fifth person, they will know somebody I also want to thank Joan Samuelson tating and ruthless disease. in their immediate family or a friend and the Parkinson’s Action Network We will be introducing legislation in who has Parkinson’s disease and who is for their hard work on behalf of all of the next month to reauthorize the act, battling it valiantly. us. and I fervently hope that my col- They would also, I think, be excited Additionally, I want to take this op- leagues will work with us to make the to know that we are so close to not portunity to thank all of my colleagues dream of finding a cure for Parkinson’s only finding ways to combat the dis- on the Congressional Parkinson’s come true. ease but to actually identify a cure, Working Group. To name a few, the Mr. Speaker, at this time I would and that is why it is so important to gentlewoman from New York (Mrs. like to yield to my colleague and good reauthorize this act and continue the MALONEY), the gentleman from Michi- friend, the gentleman from the great momentum that has been generated gan (Mr. UPTON), the gentleman from State of North Carolina (Mr. PRICE). over the past 10 years. Illinois (Mr. EVANS), and the gen- Mr. PRICE of North Carolina. Mr. Mr. PRICE of North Carolina. That is tleman from New Mexico (Mr. SKEEN); Speaker, I thank the gentleman for absolutely true. The number of fami- they have been on the front lines in yielding to me and want to commend lies affected by this disease directly fighting for research dollars and hold- him for calling this Special Order and indirectly is, of course, in the mil- ing various projects accountable for today and giving Members an oppor- lions, and that includes my own fam- the wise use of these funds. tunity to join in honoring the late ily. My late father had a brother who Parkinson’s is a devastating disease Morris Udall and in observing the was afflicted with Parkinson’s. He had that affects more than 1 million Ameri- fourth anniversary of the Morris K. an uncle who was afflicted with Par- cans and their families. Fifty thousand Udall Parkinson’s Research Act. kinson’s. people are newly diagnosed with Par- Mr. Speaker, Parkinson’s disease and My dad, incidentally, was a great fan kinson’s each year, and of those with related disorders afflict approximately of the gentleman’s father. I remember Parkinson’s today, roughly 40 percent 1 million Americans. Sixty thousand when I was the Democratic Party are under the age of 60. Most of us more are diagnosed each year with Par- chairman in North Carolina, we were know someone with Parkinson’s, or we kinson’s disease. Approximately 40 per- fortunate enough to line up Mo Udall know someone whose life has been cent of those afflicted are under the as the speaker at our annual party ban- touched by Parkinson’s. For some of age of 60. This is a devastating disease, quet. It was over in the western part of us, this issue hits close to home. and its incidence probably actually is the State, so my dad, who resided in Many people knew my dad, Mo Udall, underreported. Because it is not con- east Tennessee, was able to come over and his story. He enjoyed great health tagious and it does not have to be re- for this function. He could not stop until 1976, when he broke both his arms ported, we probably underestimate the laughing. He said Mo Udall was the in a fall off a ladder, caught viral pneu- extent of this devastating disorder. It funniest man he had ever heard or seen monia, his appendix burst, he got peri- is estimated that Parkinson’s disease anywhere, almost enough to make a tonitis, and he contracted Parkinson’s costs society $25 billion or more annu- Democrat out of him! Disease, all within 8 months. He had a ally. Mo Udall was a wonderful man who long battle with Parkinson’s before he I appreciate very much our colleague, brought great good humor to politics, passed away in December of 1998. the gentleman from Colorado (Mr. great warmth, and a wonderful spirit. One way my father chose to deal with UDALL), coming to the floor today and He later autographed his book ‘‘Too Parkinson’s was to make light of it. sharing the story with his colleagues of Funny to Be President,’’ and we gave it

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.082 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5449 to my dad to his great delight. So Mo done, as the gentleman points out, is son’s Research Act garnered 255 co- Udall was a huge personal favorite in far-reaching. And we are so close to un- sponsors, and in the 106th Congress it our family. derstanding how to not only, as I men- passed the Senate by a nearly unani- One cannot imagine a more fitting tioned earlier, make sure that the dis- mous vote of 95 to 3. monument, a more fitting tribute to ease is mitigated but literally cured. I am proud that Congress embraced Mo Udall, than to pass this research The area of the brain where this this initiative, as more people suffer act aimed at the scourge of Parkin- takes place has been identified and from Parkinson’s disease than multiple son’s disease and to carry out this mapped. And as the gentleman points sclerosis, muscular dystrophy and Lou path-breaking research in Mo Udall’s out, there are indications that the dis- Gehrig’s disease combined. name. ease is, in some cases, genetic or hered- b 1715 The gentleman, of course, is quite ac- itary; but in other cases, is environ- curate also in depicting the promise of mentally induced. There is excellent But our work is far from over. About this research. We have now across the work going on in the Department of 60,000 Americans are diagnosed with country 11 Morris K. Udall Parkinson’s Defense also, working with veterans, this disease each year, that is one per- Research Centers. One of those is at and they are looking through their own son every 9 minutes, and more than Duke University in my part of North program on how to combat Parkinson’s half a million living with Parkinson’s Carolina. Dr. Jeffery Vance leads the disease or contributing to the efforts at disease today. Udall Center at Duke University, NIH has undertaken. Fortunately, there may be some hope where a research team is using several I want to again thank the gentleman on the horizon. Parkinson’s disease is state-of-the-art methods to find genes for taking his time to come to the floor one of the many diseases for which that may contribute to the etiology of and to point out to our colleagues the stem cell research offers significant Parkinson’s disease and to distinguish great opportunity we have to make a promise. Yesterday I testified before the genes that contribute to familial difference in a lot of lives. If we think the Senate Health, Education, Labor Parkinson’s from those involved in spo- about a million Americans who have and Pensions Committee about the po- radic cases. That is path-breaking re- the disease, think about the extended tential for embryonic stem cell re- search, typical of what is going on in families that are affected by the dis- search to alleviate pain and suffering these research centers. ease and the costs that are incurred, in millions of people. It is my strong The Udall program also has expanded not just financially, but emotionally, hope that our Nation’s premier re- basic and clinical research at institu- in these communities, this is a terrible searchers will be able to engage in this tions across this country. It has estab- disease; and it is one that we can cure ground-breaking research expedi- lished the Morris K. Udall awards to and we ought to get about the business tiously to save, lengthen, and dramati- encourage innovative research, and of it now. cally improve the quality of life of supported the creation of Parkinson’s So I thank the gentleman. those who live with Parkinson’s and data banks and information clearing- Mr. PRICE of North Carolina. I other debilitating diseases and condi- houses in support of research and edu- thank the gentleman from Colorado for tions. cation. his comments here today and for car- On this anniversary of the Morris K. So this is a landmark statute and the rying on this great work. We must use Udall Parkinson’s Research Act, I urge programs that it has spawned are ongo- this occasion to resolve to press for- my colleagues to follow through on our ing and are full of promise. It is very, ward. commitment to double the budget of very important not only to observe Mr. UDALL of Colorado. I thank the the National Institutes of Health, in- this fourth anniversary of the Udall gentleman for joining us today. crease funding for the Morris K. Udall Act’s passage, but also to pledge here It is my pleasure at this point to Center, and break down the barriers to and now that we are going to continue yield time to my colleague, the gen- unprecedented, life-saving stem cell re- this work and build on this work. tleman from the great State of Rhode search. Until we have conquered Par- We must double the NIH’s budget Island (Mr. LANGEVIN). kinson’s, our work is not complete. over these 5 years, and I hope and be- (Mr. LANGEVIN asked and was given Mr. UDALL of Colorado. Mr. Speak- lieve we are on the way to doing that permission to revise and extend his re- er, I thank my colleague for taking the in this year’s appropriations cycle. NIH marks.) time to come speak on this important has developed, under the directions laid Mr. LANGEVIN. Mr. Speaker, I wish issue; and I want to associate myself down by the Udall Act, a 5-year Par- to thank my colleague, the gentleman with his comments on stem cell re- kinson’s disease research agenda. Last from Colorado, for yielding time for me search. year, Congress funded the first year of to speak on this issue. Before I begin, I Stem cell research is an important that plan, so within NIH it is vitally want to mention that, of course, I part of understanding Parkinson’s dis- important to continue that specific re- never had the opportunity to meet his ease and eventually finding a cure. I search program. father, Mo Udall, but I have nothing look forward to working with the gen- The Udall Act has gotten us started, but respect for the reputation that he tleman in the days and months and and it has provided the framework for has established in public service, and I years to come to see that that promise the comprehensive research that we know that he would be proud of his son, is fulfilled. I thank the gentleman for simply must undertake as a Nation on the gentleman from Colorado, in con- taking the time to join us today. Parkinson’s disease. And I would say to tinuing that proud family tradition of Mr. Speaker, I yield to the gentle- the gentleman that I hope, in having strong commitment to public service. woman from the State of Texas (Ms. this Special Order today and observing Mr. Speaker, I rise today to honor JACKSON-LEE). this fourth anniversary, that this can the fourth anniversary of the passage Ms. JACKSON-LEE of Texas. Mr. be an occasion for all of us, all of our of the Morris K. Udall Parkinson’s Re- Speaker, I thank the gentleman from colleagues, to resolve to continue to search Act and to stress the vital im- Colorado (Mr. UDALL), one, for his vi- build upon the vital and necessary portance of expanding support and re- sion, for his family, and for this very work that the Udall Act has gotten search for treatment of Parkinson’s special legislation of the day to honor under way. disease. Named for Arizona Representa- the authorization, the fourth anniver- Mr. UDALL of Colorado. If I might tive Mo Udall, the Parkinson’s Re- sary of the authorization and passage add an additional comment, I am con- search Act expands basic and clinical of the Morris K. Udall Parkinson’s Re- fident that our colleagues on both sides research on Parkinson’s disease and es- search Act. This is an important anni- of the aisle will join us in this impor- tablishes Morris K. Udall Centers for versary. tant effort to reauthorize this piece of awards for excellence in Parkinson’s Throughout our tenure in Congress legislation. Parkinson’s is not a Repub- disease research. there are ups and downs. What I con- lican or a Democrat or a Green Party Since its introduction, this landmark sider an up is an opportunity to meet or Libertarian Party disease. It affects legislation has received overwhelming with my constituents from my district people across our country and across congressional support. In the 105th and all over the Nation. Some of the the world. And the work that has been Congress, the Morris K. Udall Parkin- most eloquent and articulate persons

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.085 pfrm01 PsN: H06PT1 H5450 CONGRESSIONAL RECORD — HOUSE September 6, 2001 are those who are physically suffering when we find the cure for Parkinson’s Mr. EVANS. Mr. Speaker, we are here from Parkinson’s and others who come sooner rather than later. today to honor the memory of one of our great to collaborate on the importance of Mr. WAXMAN. Mr. Speaker, I rise today in former colleagues, the late Mo Udall, who finding a cure and the ability to re- recognition of the fourth anniversary of the served in this House for nearly three decades. search this debilitating disease. passage of the Morris K. Udall Parkinson’s Four years ago this week, Congress passed In the name of Morris K. Udall, this Research Act. I cannot think of a more fitting the Morris K. Udall Parkinson’s Disease Re- legislation passed an important mile- tribute to my friend and colleague than this search Act as a tribute to his service and the stone in striking a chord for finding legislation. courage that he displayed in the face of his ill- out the reason that this disease has Mo Udall was a member of the House Rep- ness. Sadly, Mo lost his battle with Parkin- gotten such a grip on people around the resentatives for thirty years from 1961–1990. son’s Disease in 1998. But his memory lives world. This research or this research He earned the respect of all who served with on in this Congress and in the research labs act has been funded and the legislation, him through his humor and civility as well as across the country that bear his name. of course, was passed through the lead- his ability to work with Members from both I served with Mo Udall from 1983 to his re- ership of Senator WELLSTONE in terms sides of the aisle. Mo’s courage and deter- tirement in 1990. During those years, I came of adding an amendment and adding mination to continue to serve even after being to know and admire him as an effective legis- additional dollars. We now come to a diagnosed with Parkinson’s disease in 1978 lator, a consummate humorist, and a dear time where it is necessary to reauthor- was an inspiration for all who had the privilege friend. Mo always had a kind word and a joke ize it. to be around him during that time. He was de- for everyone. He brought a levity to this body Even more so during this stem cell termined to continue to lead a full and vig- that you wouldn’t expect from someone fight- research debate that I find the impor- orous life even in the face of this debilitating ing for his life. Ask anyone here who had the tance of this particular legislation disease. Although his death in 1998 was a pleasure to serve with Mo and they will have which continually persists in attempt- blow to all of us, his legacy lives on in the a side splitting tale of the time that Mo brought ing to find a cure by added research. It great and important work started through this the house down. Coupled with his good never allows to rest the continued legislation. humor, was a commitment to serve this nation theorizing and study of the importance Mr. Speaker, Parkinson’s disease afflicts 1 well. Despite his Parkinston’s Disease, he of discovering new ways to attack this million Americans, 40 percent of whom are served as chairman of the Interior Committee disease. under the age of 60. This landmark legislation where he was a champion of preserving I am certainly disappointed that we dramatically expanded and coordinated clinical America’s widerness areas. I admired Mo are at a certain standstill in stem cell research into Parkinson’s disease as well as then, but my esteem for him grew even great- research. I would have wanted and do established the Morris K. Udall Centers across er when I was diagnosed with Parkinston’s want the President to go further. I be- the country. These centers have been an in- Disease ins 1995. lieve that he was well-intentioned but valuable resource in the fight against Parkin- Our purpose here is to commemorate the may be misadvised by those who would son’s disease. They have provided state-of- passage of the Udall Act, which brings much think that we had enough of the re- the-art training facilities for new researchers needed resources to the study of Parkinson’s search elements that could do the vast and the resulting work has greatly increased Disease. The time has come to reauthorize massive research that needs to be done. our knowledge and understanding of the dis- the bill. And today, we have the honor of This research act has shown that the ease. being joined by Mo’s son, Congressman MARK broader, the better, the fuller, the bet- We have an opportunity and an obligation UDALL, who will lead the charge to see this today to rededicate ourselves to the goal of ter. program continued. We will be introducing the Let me congratulate the gentleman finding a cure for Parkinson’s disease. Our ini- reauthorization bill in the coming month. I on the number of centers that already tial investment into research four years ago hope that all of our colleagues will join us in exist. We look forward to helping the has yielded impressive returns. Still, however, supporting that bill. funding expand, not frivolously, but so much more needs to be done. Mr. Speaker, I that centers could be expanded across call on Congress to continue the valuable The 11 Morris K. Udall Centers are busy the country. I would certainly welcome work we started four years ago and fully fund conducting research on every aspect of Par- one in Houston, Texas. federal research into Parkinson’s disease kinson’s Disease. The scientists there are Mr. Speaker, let me thank the gen- done by the National Institutes of Health and some of the best and the brightest in their tleman for, one, having the insight to the Morris K. Udall Centers. field. They believe that a cure for Parkinson’s be at the forefront of the reauthoriza- Mr. SKEEN. Mr. Speaker, I commemorate Disease is on the horizon—that it could be tion of this legislation. Let me also say today the anniversary of the Morris K. Udall discovered in as littlle as five years. These re- that I would willingly join as an origi- Parkinson’s Research Act, and I am pleased searching give me hope. They are out there nal co-sponsor of this legislation and to be here among other champions of the everyday working to make my life and the offer to say to those who have been suf- cause from the Parkinson’s Working Group lives of the one million Americans living with fering from Parkinson’s for time before here in the House. Parkinson’s Disease better. And let me tell and today and tomorrow that we will Mo Udall was more than a colleague. He you—it’s nice having these bright men and continue to fight until we can find a was a friend. We didn’t always agree on poli- women on your side. I know they will find a cure. tics, but we could always share a laugh. I re- cure, but they can’t do it without our continued Mr. UDALL of Colorado. Mr. Speak- member flying him around on my plane in NM. support. er, I thank my colleague for her re- And, I remember helping to pick up his papers These Udall Centers are just one compo- marks and for her vision as well. when they fell to the ground in the Interior nent of a larger effort on the part of NIH to de- Mr. Speaker, in conclusion, I would Committee. velop more effective treatments, enhance pre- like to urge all of the Members of this But, this anniversary honors more than Mo vention efforts, and eventually find a cure of body to join us in a bipartisan fashion Udall. It honors our commitment to helping Parkinson’s Disease. At the request of Con- when we introduce this legislation in science keep it’s promise. It has been more gress, NIH developed a five year Parkinson’s the next couple of weeks to reauthorize than fifteen years since America began to Disease Research Agenda to bring the nation the Udall Act. hear that a cure for Parkinson’s was just closer to a cure. Last year, we funded the first I want to thank, in particular, the around the corner,... perhaps just five year of that agenda. This year, we must fund gentleman from Michigan (Mr. UPTON), years away. Yet it is not here yet. This Udall the second year by increasing funding for Par- the gentleman from New Mexico (Mr. Act of 1997 was the first time we put the kinson’s Disease research by $143 million. I SKEEN), the gentleman from Illinois money where science’s mouth was. Thanks to am hopeful that the Appropriations Committee (Mr. EVANS), and the gentlewoman NIH, the U.S. Army, Udall Centers of Excel- will follow through with what it started and from New York (Mrs. MALONEY) for lence, and private research carried on largely honor Congress’ commitment to the NIH Re- their support and hard work on behalf thanks to an outstanding advocacy commu- search Agenda. of all the people and all the families nity, we are still on target. These initiatives are the lifeblood of the Par- who suffer from Parkinson’s disease. I As this Anniversary hits . . . it also marks kinson’s community. The Udall Centers and know we will do the right thing in this the sunset of the bill. Perhaps it is time we re- the NIH funded research are leading the world body and reauthorize this very, very authorize it. Let us continue to help science in the path to a cure. I encourage my col- important act and we can all be proud keep its promise. Thank you. leagues support these programs.

VerDate 31-AUG-2001 00:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K06SE7.088 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5451 RACISM IN SOUTH AFRICA that we were at was not one to cast Ms. NORTON. Mr. Speaker, I come to The SPEAKER pro tempore (Mr. doubt, to cast accusations, but frankly the floor not to take the whole hour, SIMPSON). Under a previous order of the it was to bring about resolution. but for a few minutes because the D.C. House, the gentlewoman from Texas The bulk of the people there, unfor- appropriation today passed in full com- (Ms. JACKSON-LEE) is recognized for 5 tunately, not brought to the attention mittee under the chair of the gen- minutes. of the American people, but the bulk of tleman from Michigan (Mr. KNOLLEN- Ms. JACKSON-LEE of Texas. Mr. the people there were of goodwill and BERG) and the ranking member, the Speaker, it is interesting as I had the good intentions. Clearly they wanted gentleman from Pennsylvania (Mr. opportunity to share with the gen- to seek to clear the air. Gypsies were FATTAH). This was a noteworthy sub- tleman from Colorado (Mr. UDALL) on a there asking for the ability not to be committee markup. very important legislative initiative, discriminated against. The untouch- Mr. Speaker, the controversy often this comes to mind that a key word ables of India were there to ask not to associated with the D.C. appropriation that everything we do in this country be discriminated against. The coun- was not there today. The bill passed and this Congress is engage, engage- tries of Africa that suffered so brutally unanimously. One important reason for ment, to be engaged. in the trans-Atlantic slavery as well as this, indeed the most important reason I would be remiss if I did not take colonization were there asking, not to for the smooth way in which the bill this time to join my colleagues, the accuse, but simply asking to create a transacted its way through the com- gentlewoman from California (Ms. LEE) better world. mittee today was its chairman, the and as well the gentlewoman from Those of us from the United States gentleman from Michigan (Mr. California (Ms. WATSON), to speak to a who were descendants of slaves were KNOLLENBERG). Like a laser beam, the situation, a conference, a series of there asking that we provide a sense of gentleman from Michigan (Mr. events that are going on in South Afri- healing, how can we move our Nation KNOLLENBERG) has been focused on the ca that I think have been sorely mis- away from the divisiveness of race. Yet clear obligation of the chair of an ap- represented and misinterpreted, that there was another issue, the tragedy of propriation subcommittee, and that is is, the historic World Conference on the Mideast, the PLO, and the Israelis. to get his bill to the floor as clean as Racism, the first conference like this But there was a misguide there, a mis- he can get it so that it can get the nec- in the past 18 years. direct, a misconnect, and there was an essary votes on the floor from both Of course, the first conference was in attempt to write hateful language that sides of the aisle. 1979. The second conference was in 1983 should not have been present. I appreciate the way this bill was where the focus was on apartheid in On September 2, 2001, I stood in that handled in subcommittee today, espe- South Africa. Gratefully, that con- conference and denounced that kind of cially in contrast to when the District ference was successful. Those who have language, that we should move away of Columbia appropriation finally got not yet visited South Africa can see a from hateful language accusing one na- out of the House last year. It was in country, with the opportunity to visit tion of racism, Zionism is racism; and, December, remember. The appropria- it, that seeks reconciliation, a country frankly, we should be engaged in the tion year ends September 30. My col- that is diverse, that struggles every Mideast process to bring about peace. leagues can imagine the hardship on day to ensure that no matter what An issue separate and apart from the our local jurisdiction that does not get one’s color is, there is a seat at the racism conference, truly an issue for its budget until almost Christmas. It table of empowerment. the United Nations and the United was so late even when we got the bill I was very proud to be a member of States, be engaged in peace, but do not itself out, that was sometime in No- the United States delegation comprised bring down a conference of reconcili- vember, it was held over in order to be of Members of Congress, particularly ation, a conference that should be heal- the vehicle to carry other appropria- and, in addition, members of the Con- ing, a conference that should bring us tions that had had difficulty getting gressional Black Caucus, the gen- together around the question of race. out of committee. So here we had the spectre of a local tleman from California (Mr. LANTOS), Mr. Speaker, I am sorry that the as well as members from the State De- media has not told the story, the sto- jurisdiction not being able to spend its partment. ries of meeting with heads of states, di- own money while the bill was held hos- What I was most disappointed in is verse heads of states, the President of tage for Federal appropriations. It that the country that is the greatest Latvia, an Eastern European country, seems to me there is something in re- democracy that the world knows, the who wanted to be part of solving the verse order about that, that the small- United States of America, founded in question of race. est appropriation was being held to the Declaration of Independence, that Those stories, the Mexican delega- carry gigantic appropriations like HHS declares that we all are created equal, tion, the delegation from Israel, the over. I am deeply grateful that the gen- had the misguided interpretation that Arabs who were interested in ensuring tleman from Illinois (Mr. HASTERT) the best role for them would be to dis- that the conference was successful. helped me get this bill out. I went to engage and not to be engaged. That I am here to tell the story and say apologetically that the United States his office and described the hardship. I meant that they did not send, did not asked Mayor Tony Williams to help me allow Secretary Colin Powell to be a missed its opportunity of leadership, missed its opportunity to use the bully describe it. With the help of the Speak- part of this world conference. er, we finally got our bill out in De- Mr. Speaker, I truly believe, having pulpit to stand before the world, 169 cember. been intimately involved in the proc- countries, denounce Zionism as being What the gentleman from Michigan esses of this conference for a good num- racist, and talk about peace and rec- (Mr. KNOLLENBERG) has done is to take ber of days at the heart of the con- onciliation, talk about bringing us to- a first step toward avoiding any kind of ference, that the leadership of the gether and healing the racial divide train wreck of that kind for the Dis- United States, the leadership of Sec- and making a difference. trict of Columbia. retary Powell, would have been im- Mr. Speaker, this conference will be mensely important in steering this successful if the right people take b 1730 conference to its rightful place in his- charge, and I will continue to work for Perhaps it will not happen because, if tory. What is that place? The place of peace and reconciliation and ending there are riders on our appropriation, reconciliation. the racial divide. get yourself ready for a fight. But if After I returned to the United States, f there are, they certainly will not be it pained me to see Catholic school there because the chairman has been girls running the gauntlet of attempt- D.C. APPROPRIATION PASSES an enabler of such extraneous, irrele- ing to get to their schools as Protes- UNANIMOUSLY FROM COMMITTEE vant, undemocratic riders. tants stood by and chanted and jeered The SPEAKER pro tempore. Under True to his word, the chairman him- and cast aspersions, but more impor- the Speaker’s announced policy of Jan- self respected local decision-making, tantly, perpetrated violent acts. uary 3, 2001, the gentlewoman from the and the way he did so was by announc- This world is riveted by ethnic, reli- District of Columbia (Ms. NORTON) is ing in advance shortly after he as- gious, and racial divide. The conference recognized for 60 minutes. sumed the chairmanship that he did

VerDate 31-AUG-2001 00:43 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.089 pfrm01 PsN: H06PT1 H5452 CONGRESSIONAL RECORD — HOUSE September 6, 2001 not want any riders in his appropria- Riders, for example, under domestic he is simply doing his duty as chair- tion. I do not think I have heard that partners that allow domestic partners man. He wants to get his appropria- for a very long time; but when a chair- in the District no matter what their tions through. He has a well-known de- man says that, I think you will get a sexual orientation. I guess most of sire not to have riders cloud up his var- lot of respect from Members of the them in the District would not be gay, ious subcommittee appropriations, and House because he is announcing how he but would allow a domestic partner to he does whatever he can to ward them wants his own appropriation to be han- pay for the health benefits of his part- off and to try to facilitate Members in dled. ner if the person worked for the Dis- getting their bills through. He went further. In the Sub- trict government with no cost to the I appreciate that the gentleman from committee on the District of Columbia, District government. Florida has met every year with our the gentleman from Michigan (Mr. Hundreds of jurisdictions allow that new Mayor, actually he is in his third KNOLLENBERG) looked at a project we all across the United States. Many year now, who has done so well in our in the District and I here in the House more private corporations allow it. It city, Tony Williams, and tried to help and with Members of the Senate for a is a matter of when you consider the us to design a way to get our appro- couple years now have been working cost of health care, seems to me that priation in and out. It ought to be the on. anybody would want to help somebody fastest and the easiest of all 13 appro- Since home rule, there have been rid- get health insurance who wanted to priations. It is not your money; it is ers willy-nilly put on the District of pay for it and get on a group plan, par- ours. When it comes to the hard work Columbia’s appropriation that went to ticularly at a time when there are very the Members do here, and they do work operations and went to finances. Many serious consequences to not doing so. very hard, you would think that com- of these are redundant of Federal law. There is one that this House rebels ing to the D.C. appropriation would be They are redundant of District law. against that, again, all across the a rest period for the Members of this They are so out of date some of them United States can be found. Members, I body. Instead, it has tended to be that if they were, in fact, to be acted am sure, will vote against it. Live in among the most controversial when it on they could cause a catastrophe. places where this is done and, that is, affects nobody in this body. I want to What happens is they kind of stay on. riders allowing the local jurisdiction to say not only that Speaker HASTERT has The White House, seeing them on, car- pay for abortions for poor women out been very helpful to this city in trying ries them over from year to year; and of its own funds. to move the appropriation but the gen- so there are attachments to the Dis- Respecting the fact that this body tleman from Florida has been very trict’s appropriation that I think will has said you cannot pay for abortions helpful as well. embarrass this House because they out of Federal funds, you will not find Finally, I must say a word about the have nothing to do with today. They a big city in the United States and gentleman from Pennsylvania (Mr. are ancient. It is as if they were writ- many small towns which do not decide FATTAH), who is the ranking member of ten in the last century. to pay for abortions out of their own the Subcommittee on the District of We thought that such riders could do local funds. Only with your Nation’s Columbia. This is the first time that real harm. Because they are there and capital does the Congress say no Fed- the gentleman from Pennsylvania has until they are gone, you are supposed eral and no local funds can be used, and been on the Committee on Appropria- to do what they say. tions at all. He is so clever that he The fact that they are redundant or they say so for these two items; and out of date does not mean that you are they have said so for other matters in managed to get himself a chairmanship not supposed to do what they say, and the past. straight off because of the way the bid- they really cause great confusion in Everybody who votes for it knows it ding is done. But what marvelous good the local community that tries to is wrong. They know it flies in the face fortune it is for the District of Colum- abide by what indeed the Congress has of Federalism, not to mention devolu- bia because the gentleman from Penn- said. tion. We will continue to fight those. sylvania comes from a jurisdiction We worked hard last year while Mr. We know that the chairman of the Sub- much like our own. He is the first big- Clinton was in office and this year as committee on the District of Columbia, city Member to serve in such a position well to see whether we could get the the gentleman from Michigan (Mr. on our committee since Julian Dixon, White House to agree with us that cer- KNOLLENBERG), was in no position to do the much revered chair of the Sub- tain riders were operational and finan- anything about them; and the burden is committee on the District of Columbia cial riders were no longer applicable on us to convince this body. for 14 years who died last year. and then to work with the District to We accept that burden and we must The gentleman from Pennsylvania see they were no longer applicable. find a way out of that dilemma so that not only comes from a similar jurisdic- We did, and to his credit a great we are treated in exactly the same way tion just a few hundred miles up the many of these riders, 35 of them, have as every other jurisdiction in the East Coast, but he comes from a juris- been removed by Chairman KNOLLEN- United States. diction that has been through exactly BERG. I am a fourth generation Washing- what the District of Columbia went I regret to say that there are con- tonian. I can trace my American ances- through about 5 years ago when it had troversial riders that, of course, re- try back to virtually the beginning of to get a control board. So what we main on our appropriation. They have the 19th century. The fact that before have is a ranking member who was the been there for eternity, through Demo- slavery some of them believed they prime mover in getting a control board cratic and Republican Houses and would find a better life in the District for the city of Philadelphia which Presidents. They are the kind of riders of Columbia and walked off the planta- sprang back as a result of it. Now the that hundreds of jurisdictions in the tion should not mean that today the District of Columbia has sprung back United States of America do not regard District of Columbia has fewer rights as a result of both the work of the con- as riders at all because they have de- than any other local jurisdiction and trol board and of our Mayor and city cided that those are the kinds of things that nobody in my family for four gen- council. We have a ranking member they do not want to do. erations has had the same rights as who has a deep understanding of big Then there are hundreds of jurisdic- every other Member of this body. I cities, their finances and their edu- tions that have decided they want to take it personally. And, of course, I cational systems in particular. do precisely what the Congress has for- take it as my obligation to do some- What the gentleman from Pennsyl- bidden us to do, and the chairman of thing about it for 600,000 people who vania brings to the Subcommittee on the Subcommittee on the District of live in the District of Columbia. the District of Columbia is almost in- Columbia, the gentleman from Michi- I want to also pay tribute to the gen- stinctive understanding of what should gan (Mr. KNOLLENBERG), could not do tleman from Florida (Mr. YOUNG), the pertain here for this city, an instinc- anything about those; and we do not chair of the Committee on Appropria- tive empathy with residents who live hold him accountable to those. tions. Every year the gentleman from and have to watch as the Congress of Those, of course, are riders of the Florida tries to help the District of Co- the United States doubles back over most controversial kind in this House. lumbia get its appropriation out. Again what its own Mayor and city council

VerDate 31-AUG-2001 00:43 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.091 pfrm01 PsN: H06PT1 September 6, 2001 CONGRESSIONAL RECORD — HOUSE H5453 have approved in their budget and LEAVE OF ABSENCE mission, transmitting the Commission’s final rule—Delegation of Authority to Dis- sometimes in their laws. By unanimous consent, leave of ab- And so, Mr. Speaker, thanks to the close and Request Information—received Au- sence was granted to: gust 15, 2001, pursuant to 5 U.S.C. chairman and the ranking member and Mr. RUSH (at the request of Mr. GEP- 801(a)(1)(A); to the Committee on Agri- the cooperation of the full committee, HARDT) for today on account of a death culture. I might add, the D.C. bill is on its way in the family. 3490. A letter from the Acting Executive to full committee. I come to the floor Mr. HASTINGS of Florida (at the re- Director, Commodity Futures Trading Com- mission, transmitting the Commission’s this evening to ask that the full com- quest of Mr. GEPHARDT) for today on final rule—Fees for Reviews of the Rule En- mittee show this kind of respect for the account of personal business. independent jurisdiction that is your forcement Programs of Contract Markets Mr. OXLEY (at the request of Mr. and Registered Futures Association—re- Nation’s capital, the District of Colum- ARMEY) for today on account of trav- ceived August 15, 2001, pursuant to 5 U.S.C. bia, that the chairman has shown; that eling with the President. 801(a)(1)(A); to the Committee on Agri- we follow his lead and that out of com- f culture. mittee come a bill that is at least as 3491. A letter from the Acting Executive clean as the bill was when it was SPECIAL ORDERS GRANTED Director, Commodity Futures Trading Com- passed off today to the full committee. By unanimous consent, permission to mission, transmitting the Commission’s final rule—Recordkeeping Amendments to Mr. Speaker, we have many miles to address the House, following the legis- the Daily Computation of the Amount of go before this session is over. I hope lative program and any special orders Customer Funds Required To Be Segregated and pray we are not here as long as we heretofore entered, was granted to: (RIN: 3038–AB52) received August 15, 2001, were last year. But if we spend a lot of The following Members (at the re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- time ruminating about the District of quest of Mr. EVANS) to revise and ex- mittee on Agriculture. Columbia, we may well be here. You tend their remarks and include extra- 3492. A letter from the Principal Deputy have got yourself a Republican Presi- neous material: Associate Administrator, Environmental Protection Agency, transmitting the Agen- dent now. I think he wants to sign bills Mr. PALLONE, for 5 minutes, today. cy’s final rule— Fludioxonil; Pesticide Toler- and not veto them, although I must say Mr. DEFAZIO, for 5 minutes, today. ances for Emergency Exemptions [OPP– unless you get this surplus matter fig- Mrs. MALONEY of New York, for 5 301161; FRL–6797–5] (RIN: 2070–AB78) received ured out, you are likely to have a Re- minutes, today. August 29, 2001, pursuant to 5 U.S.C. publican President vetoing bills that The following Members (at the re- 801(a)(1)(A); to the Committee on Agri- came from a Republican House. In any quest of Mr. ISAKSON) to revise and ex- culture. case, I want us all to focus on getting tend their remarks and include extra- 3493. A letter from the Principal Deputy out of here and getting these bills, neous material: Associate Administrator, Environmental Protection Agency, transmitting the Agen- which are already very late, done. Mr. WOLF, for 5 minutes, today. cy’s final rule—Unregulated Contaminant I think that the last thing that Mr. THUNE, for 5 minutes, today. Monitoring Regulation for Public Water Sys- should make us tarry is a local juris- The following Members (at their own tems; Amendment to the List 2 Rule and diction unrelated to your own business request) to revise and extend their re- Partial Delay of Reporting of Monitoring Re- and your own district. I ask that you marks and include extraneous mate- sults [FRL–7048–8] received August 29, 2001, respect the work of our chairman, the rial: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gentleman from Michigan (Mr. Mr. BOSWELL, for 5 minutes, today. mittee on Energy and Commerce. 3494. A letter from the Assistant Legal Ad- Ms. MILLENDER-MCDONALD, for 5 min- KNOLLENBERG), allow a clean bill to viser for Treaty Affairs, Department of come out of the full committee and utes, today. State, transmitting copies of international then out of this House. And, of course, Ms. LEE, for 5 minutes, today. agreements, other than treaties, entered into I ask you to respect the 600,000 people Ms. WATSON of California, for 5 min- by the United States, pursuant to 1 U.S.C. who live in the Nation’s capital, who utes, today. 112b(a); to the Committee on International are second per capita in Federal in- Ms. JACKSON-LEE of Texas, for 5 min- Relations. come taxes and ask of you only that utes, today. 3495. A letter from the Assistant Legal Ad- viser for Treaty Affairs, Department of you let them spend their own money as f State, transmitting copies of international they see fit. ADJOURNMENT agreements, other than treaties, entered into by the United States, pursuant to 1 U.S.C. f Ms. NORTON. Mr. Speaker, I move 112b(a); to the Committee on International that the House do now adjourn. Relations. The motion was agreed to; accord- 3496. A letter from the Adviser, Depart- COMMUNICATION FROM STAFF ingly (at 5 o’clock and 42 minutes ment of State, transmitting the Depart- MEMBER OF THE HONORABLE p.m.), under its previous order, the ment’s final rule—Exchange Visitor Pro- JENNIFER DUNN, MEMBER OF House adjourned until Monday, Sep- gram—received August 29, 2001, pursuant to 5 CONGRESS U.S.C. 801(a)(1)(A); to the Committee on tember 10, 2001, at 12:30 p.m., for morn- International Relations. The SPEAKER pro tempore (Mr. ing hour debates. 3497. A letter from the Acting Executive SIMPSON) laid before the House the fol- f Director, Commodity Futures Trading Com- lowing communication from Shannon mission, transmitting the Commission’s Flaherty, staff assistant to the Honor- EXECUTIVE COMMUNICATIONS, final rule—Privacy Act of 1974; Systems of able JENNIFER DUNN, Member of Con- ETC. Records; Biennial Publication—received Au- gress: Under clause 8 of rule XII, executive gust 15, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Govern- HOUSE OF REPRESENTATIVES, communications were taken from the ment Reform. September 5, 2001. Speaker’s table and referred as follows: 3498. A letter from the General Counsel, Hon. J. DENNIS HASTERT, 3487. A letter from the Acting Executive Federal Retirement Thrift Investment Speaker, House of Representatives, Washington, Director, Commodity Futures Trading Com- Board, transmitting the Board’s final rule— DC. mission, transmitting the Commission’s Methods of Withdrawing Funds from the DEAR MR. SPEAKER: This is to notify you final rule—Foreign Futures and Options Thrift Savings Plan—received August 17, formally, pursuant to Rule VIII of the Rules Transactions—received August 15, 2001, pur- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the House of Representatives, that I have suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. been served with a subpoena for testimony mittee on Agriculture. 3499. A letter from the Assistant Secretary issued by the Superior Court of the District 3488. A letter from the Acting Executive for Fish and Wildlife and Parks, Department of Columbia. Director, Commodity Futures Trading Com- of the Interior, transmitting the Depart- After consultation with the Office of Gen- mission, transmitting the Commission’s ment’s final rule—2001–2002 Refuge-Specific eral Counsel, I have determined that compli- final rule—Treatment of Customer Funds— Hunting and Sport Fishing Regulations ance with the subpoena is consistent with received August 15, 2001, pursuant to 5 U.S.C. (RIN: 1018–AG58) received August 30, 2001, the privileges and rights of the House. 801(a)(1)(A); to the Committee on Agri- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sincerely, culture. mittee on Resources. SHANNON FLAHERTY, 3489. A letter from the Acting Executive 3500. A letter from the Acting Assistant Staff Assistant. Director, Commodity Futures Trading Com- Administrator for Fisheries, NMFS, National

VerDate 31-AUG-2001 00:43 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.092 pfrm01 PsN: H06PT1 H5454 CONGRESSIONAL RECORD — HOUSE September 6, 2001 Oceanic and Atmospheric Administration, U.S.C. 801(a)(1)(A); to the Committee on boundaries of the Emigrant Wilderness in transmitting the Administration’s final Transportation and Infrastructure. the Stanislaus National Forest, California, rule—Fisheries of the Northeastern United 3510. A letter from the Chief, Regulations and for other purposes; with amendments States; Fishery Management Plan for the and Administrative Law, USCG, Department (Rept. 107–201). Referred to the Committee of Summer Flounder, Scup, and Black Sea Bass of Transportation, transmitting the Depart- the Whole House on the State of the Union. Fisheries; Recreational Measures for the 2001 ment’s final rule—Drawbridge Operating f Fisheries [Docket No. 010511122–1179–02; I.D. Regulation; Ouachita River, LA [CGD08–01– 031901C] (RIN: 0648–AN70) received August 30, 007] (RIN: 2115–AE47) received August 30, PUBLIC BILLS AND RESOLUTIONS 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Under clause 2 of rule XII, public Committee on Resources. Committee on Transportation and Infra- bills and resolutions were introduced 3501. A letter from the Chief, Regulations structure. and severally referred, as follows: and Administrative Law, USCG, Department 3511. A letter from the Paralegal Spe- of Transportation, transmitting the Depart- cialist, FAA, Department of Transportation, By Mr. ANDREWS: ment’s final rule—Safety Zone; Gulf of Alas- transmitting the Department’s final rule— H.R. 2844. A bill to amend the Public ka, southeast of Narrow Cape, Kodiak Island, Standard Instrument Approach Procedures; Health Service Act with respect to the par- AK [COTP Western Alaska-01–002] (RIN: 2115– Miscellaneous Amendments [Docket No. ticipation of the public in governmental de- cisions regarding the location of group AA97) received August 30, 2001, pursuant to 5 30264; Amdt. No. 2065] received August 30, homes established pursuant to the program U.S.C. 801(a)(1)(A); to the Committee on 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the of block grants for the prevention and treat- Transportation and Infrastructure. Committee on Transportation and Infra- ment of substance abuse; to the Committee 3502. A letter from the Chief, Regulations structure. on Energy and Commerce. and Administrative Law, USCG, Department 3512. A letter from the Paralegal Spe- of Transportation, transmitting the Depart- By Mr. ANDREWS: cialist, FAA, Department of Transportation, H.R. 2845. A bill to amend title II of the So- ment’s final rule—Safety Zone; Maumee transmitting the Department’s final rule— cial Security Act to provide that a monthly River, Rossford, Ohio [CGD09–01–111] (RIN: Standard Instrument Approach Procedures; insurance benefit thereunder shall be paid 2115–AA97) received August 30, 2001, pursuant Miscellaneous Amendments [Docket No. for the month in which the recipient dies; to to 5 U.S.C. 801(a)(1)(A); to the Committee on 30265; Amdt. No. 2066] received August 30, the Committee on Ways and Means. Transportation and Infrastructure. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. BAIRD (for himself and Mr. 3503. A letter from the Chief, Regulations Committee on Transportation and Infra- and Administration Law, USCG, Department RYAN of Wisconsin): structure. H.R. 2846. A bill to amend the Internal Rev- of Transportation, transmitting the Depart- 3513. A letter from the Associate Adminis- enue Code of 1986 to provide comparable un- ment’s final rule—Safety Zone; Indian Sum- trator for Aerospace Technology, National related business taxable income treatment mer Festival 2001, Milwaukee, Wisconsin Aeronautics and Space Administration, to tax exempt organizations which hold in- [CGD09–01–110] (RIN: 2115–AA97) received Au- transmitting the Administration’s final terests in S corporations to the treatment as gust 30, 2001, pursuant to 5 U.S.C. rule—Patents and Other Intellectual Prop- is provided to such organizations for inter- 801(a)(1)(A); to the Committee on Transpor- erty Rights (RIN: 2700–AC48) received August ests held in partnerships; to the Committee tation and Infrastructure. 15, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to on Ways and Means. 3504. A letter from the Chief, Regulations the Committee on Science. By Mr. BOSWELL (for himself and Mr. and Administrative Law, USCG, Department 3514. A letter from the Associate Adminis- OSBORNE): of Transportation, transmitting the Depart- trator for Aerospace Technology, National H.R. 2847. A bill to encourage the deploy- ment’s final rule—Security Zone; Arthur Aeronautics and Space Administration, ment of broadband telecommunications in Kill, Staten Island, NY [CGD01–01–135] (RIN: transmitting the Administration’s final rural America, and for other purposes; to the 2115–AA97) received August 30, 2001, pursuant rule—Boards and Committees (RIN: 2700– Committee on Agriculture, and in addition to 5 U.S.C. 801(a)(1)(A); to the Committee on AC46) received August 15, 2001, pursuant to 5 to the Committees on Ways and Means, En- Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ergy and Commerce, and Education and the 3505. A letter from the Chief, Regulations Science. Workforce, for a period to be subsequently and Administrative Law, USCG, Department 3515. A letter from the Associate Adminis- determined by the Speaker, in each case for of Transportation, transmitting the Depart- trator for Aerospace Technology, National consideration of such provisions as fall with- ment’s final rule—Security Zone; Vicinity of Aeronautics and Space Administration, in the jurisdiction of the committee con- Atlantic Fleet Weapons Training Facility, transmitting the Administration’s final cerned. Vieques, PR and Adjacent Territorial Sea rule—Inventions and Contributions (RIN: By Ms. BROWN of Florida: [CGD07–01–33] (RIN: 2115–AA97) received Au- 2700–AC47) received August 15, 2001, pursuant H.R. 2848. A bill to designate the facility of gust 30, 2001, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on the United States Postal Service located at 801(a)(1)(A); to the Committee on Transpor- Science. 1601–1 Main Street in Jacksonville, Florida, tation and Infrastructure. 3516. A letter from the Chief, Regulations as the ‘‘Eddie Mae Steward Post Office’’; to 3506. A letter from the Program Analyst, Branch, Department of the Treasury, trans- the Committee on Government Reform. FAA, Department of Transportation, trans- mitting the Department’s final rule—Change By Ms. BROWN of Florida (for herself mitting the Department’s final rule—Revi- in Flat Rate of Duty on Articles Imported and Mr. HASTINGS of Florida): sion of Class E airspace, Poplar, MT [Air- for Personal or Household Use or as Bona H.R. 2849. A bill to designate the facility of space Docket No. 00–ANM–22] received Au- Fide Gifts [T.D. 01–61] (RIN: 1515–AC90) re- the United States Postal Service located at gust 30, 2001, pursuant to 5 U.S.C. ceived August 29, 2001, pursuant to 5 U.S.C. 440 South Orange Blossom Trail in Orlando, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Ways and Florida, as the ‘‘Arthur ‘Pappy’ Kennedy tation and Infrastructure. Means. Post Office‘‘; to the Committee on Govern- 3507. A letter from the Chief, Regulations 3517. A letter from the Acting Director, ment Reform. and Administrative Law, USCG, Department Statutory Import Programs Staff, Depart- By Mr. DEAL of Georgia: of Transportation, transmitting the Depart- ment of Commerce, transmitting the Depart- H.R. 2850. A bill to amend the Social Secu- ment’s final rule—Drawbridge Operation ment’s final rule—Changes In the Insular rity Act to eliminate the five-month waiting Regulations; Florida East Coast Railroad Possessions Watch, Watch Movement and period in the disability insurance program, Bridge, St. Johns River, Jacksonville, FL Jewelry Program [Docket No. 991228350–1118– and for other purposes; to the Committee on [CGD07–01–052] received August 30, 2001, pur- 02] (RIN: 0625–AA57) received September 5, Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. GIBBONS: mittee on Transportation and Infrastruc- Committee on Ways and Means. H.R. 2851. A bill to provide for the use and ture. distribution of the funds awarded to the 3508. A letter from the Chief, Regulations f Western Shoshone identifiable group under and Administrative Law, USCG, Department REPORTS OF COMMITTEES ON Indian Claims Commission Docket Numbers of Transportation, transmitting the Depart- PUBLIC BILLS AND RESOLUTIONS 326–A–1, 326–A–3, 326–K, and for other pur- ment’s final rule—Drawbridge Operating poses; to the Committee on Resources. Regulation; Mississippi River, Iowa and Illi- Under clause 2 of rule XIII, reports of By Mr. HULSHOF: nois [CGD08–01–015] received August 30, 2001, committees were delivered to the Clerk H.R. 2852. A bill to reduce temporarily the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for printing and reference to the proper duty on (3-(1-methylethyl)-1H–2,1,3- mittee on Transportation and Infrastruc- calendar, as follows: benzothiadiazin-4(3H)-one 2,2 dioxide; to the ture. Committee on Ways and Means. 3509. A letter from the Chief, Regulations By Mr. HULSHOF: and Administrative Law, USCG, Department Mr. HANSEN: Committee on Resources. H.R. 2853. A bill to suspend temporarily the of Transportation, transmitting the Depart- H.R. 434. A bill to direct the Secretary of Ag- duty on 5-methylpyridine-2,3-dicarboxylic ment’s final rule—Drawbridge Operating riculture to enter into a cooperative agree- acid; to the Committee on Ways and Means. Regulation; Inner Harbor Navigation Canal, ment to provide for retention, maintenance, By Mr. HULSHOF: New Orleans, LA [CGD08–01–002] (RIN: 2115– and operation, at private expense, of the 18 H.R. 2854. A bill to reduce temporarily the AE47) received August 30, 2001, pursuant to 5 concrete dams and weirs located within the duty on 5-methylpyridine-2,3-dicarboxylic

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acid diethylester; to the Committee on Ways By Mr. MARKEY (for himself and Mr. H.R. 488: Mrs. ROUKEMA. and Means. SMITH of New Jersey): H.R. 504: Mr. BALDACCI, Mrs. CAPPS, Mr. By Mr. HULSHOF: H.J. Res. 60. A joint resolution honoring STUPAK, and Ms. ESHOO. H.R. 2855. A bill to suspend temporarily the Maureen Reagan on the occasion of her H.R. 537: Mr. OWENS. duty on 5-ethylpyridine dicarboxylic acid; to death and expressing condolences to her fam- H.R. 570: Mr. RANGEL and Mr. BERMAN. the Committee on Ways and Means. ily, including her husband Dennis Revell and H.R. 580: Mr. TOWNS, Mr. CAPUANO, Mr. By Mr. HULSHOF: her daughter Rita Revell; to the Committee CROWLEY, Mrs. CAPPS, Mr. STARK, and Mr. H.R. 2856. A bill to suspend temporarily the on Energy and Commerce. OWENS. duty on (E)-o(2,5-dimethylphenoxy methyl)- By Mr. HYDE (for himself, Mr. LANTOS, H.R. 597: Mr. MEEKS of New York. 2 - methoxyimino - N - methyl - phenylaceta- Mr. LEACH, Mr. FALEOMAVAEGA, and H.R. 599: Mr. CROWLEY, Mr. LEVIN, and Mr. mide; to the Committee on Ways and Means. Mr. ISSA): DOYLE. By Mr. HULSHOF: H. Con. Res. 217. Concurrent resolution rec- H.R. 600: Mr. JOHN. H.R. 2857. A bill to suspend temporarily the ognizing the historic significance of the fif- duty on 2-chloro-N-(4chlorobiphenyl-2-yl) H.R. 630: Mr. WALSH and Mr. WICKER. tieth anniversary of the alliance between H.R. 662: Mr. KERNS, Mr. THUNE, and Mr. nicotinamide; to the Committee on Ways and Australia and the United States under the Means. PASCRELL. ANZUS Treaty, paying tribute to the United H.R. 677: Ms. CARSON of Indiana. By Mr. HULSHOF: States-Australia relationship, reaffirming H.R. 2858. A bill to suspend temporarily the H.R. 702: Mrs. MINK of Hawaii. the importance of economic and security co- duty on 3-(3,5-dichlorophenyl)-5-ethenyl-5- H.R. 744: Ms. ESHOO and Mr. WELLER. operation between the United States and methyl-2,4-oxazolidine-di one; to the Com- H.R. 792: Mr. SCHIFF and Mr. ROSS. Australia, and welcoming the state visit by mittee on Ways and Means. H.R. 817: Mr. TAYLOR of Mississippi. Australian Prime Minister John Howard; to By Mr. HULSHOF: H.R. 822: Mr. HOLT, Mr. LEWIS of Kentucky, the Committee on International Relations. H.R. 2859. A bill to suspend temporarily the Mr. CRAMER, Ms. HOOLEY of Oregon, Mr. By Mr. KENNEDY of Minnesota: duty on tetrahydro-3,5-dimethyl-2H–1,3,5- SMITH of New Jersey, Mr. PALLONE, and Mr. H. Con. Res. 218. Concurrent resolution thiadiazine-2-thione; to the Committee on SOUDER. honoring Robert Hautman for winning the Ways and Means. H.R. 826: Mr. WELDON of Florida. 2001–2002 Federal Duck Stamp Contest; to By Mr. HULSHOF: H.R. 827: Mr. ABERCROMBIE. the Committee on Resources. H.R. 2860. A bill to suspend temporarily the H.R. 840: Mr. MCDERMOTT, Mr. BERMAN, By Mr. SCHAFFER (for himself, Mr. duty on Methyl N-(2[[1–4-chloro-phenyl)-1H- Mrs. CAPITO, Mr. PRICE of North Carolina, BILIRAKIS, Mr. WYNN, Mr. SESSIONS, pyrazol-3-yl]oxymethyl]]-phenyl) N-methoxy Mr. LARSON of Connecticut, and Mr. BAR- Mr. CRANE, Mr. SMITH of New Jersey, carbamate; to the Committee on Ways and RETT. Mrs. LOWEY, Mr. WEXLER, Mr. Means. H.R. 876: Mr. DELAHUNT. CHABOT, Mr. BROWN of Ohio, Mr. DOO- By Mr. HULSHOF: H.R. 902: Mrs. THURMAN. H.R. 2861. A bill to suspend temporarily the LITTLE, Mr. SHERMAN, Mr. SOUDER, H.R. 938: Mr. HILLIARD and Mr. MEEKS of duty on 3,7-dichloro-8-quinoline carboxylic Mr. HILLIARD, Mr. HEFLEY, and Mr. New York. acid; to the Committee on Ways and Means. UNDERWOOD): H.R. 968: Mr. SAM JOHNSON of Texas. By Mrs. KELLY (for herself and Mr. H. Con. Res. 219. Concurrent resolution ex- H.R. 975: Mr. LARSON of Connecticut, Mr. SWEENEY): pressing the sense of Congress regarding H.R. 2862. A bill to provide for reclassifica- United States policy toward Taiwan’s mem- COSTELLO, and Mrs. MCCARTHY of New York. tion of certain counties for purposes of reim- bership in international organizations; to H.R. 991: Ms. HART. bursement under the Medicare Program; to the Committee on International Relations. H.R. 1084: Mr. MCGOVERN. the Committee on Ways and Means. By Mr. TANCREDO (for himself and H.R. 1089: Mr. LANGEVIN, Mr. GREENWOOD, By Mr. MCDERMOTT (for himself and Mr. GOODE): and Mrs. THURMAN. Mr. EVANS): H. Con. Res. 220. Concurrent resolution af- H.R. 1143: Mr. ROTHMAN, Mr. CUMMINGS, Mr. H.R. 2863. A bill to direct the Secretary of firming the commitment of Congress to pre- COSTELLO, Mr. DELAHUNT, Mr. BRADY of Health and Human Services to establish and serving the sovereignty of the United States Pennsylvania, Mrs. MCCARTHY of New York, maintain a panel to provide expert scientific and the integrity of its border; to the Com- and Mr. SERRANO. recommendations in the field of cell develop- mittee on the Judiciary. H.R. 1161: Mr. LEACH and Mr. LANTOS. ment; to the Committee on Energy and Com- By Mr. WEXLER (for himself, Mr. H.R. 1170: Mr. MENENDEZ. merce. TANCREDO, Mr. MCNULTY, Mr. STUMP, H.R. 1194: Ms. RIVERS. By Mrs. MINK of Hawaii: Mr. KENNEDY of Rhode Island, Mr. H.R. 1201: Mr. MEEKS of New York and Mr. H.R. 2864. A bill to provide for an edu- SESSIONS, Mr. CHABOT, Mr. WYNN, Mr. OWENS. cational center in Haleakala National Park ANDREWS, Mr. WU, Mr. BROWN of H.R. 1202: Mrs. BONO, Mr. RODRIGUEZ, Mr. in Hawaii; to the Committee on Resources. Ohio, and Mr. DEUTSCH): BROWN of Ohio, Mr. MCINTYRE, Mr. BACHUS, By Mr. ROGERS of Michigan (for him- H. Con. Res. 221. Concurrent resolution ex- Mr. MATHESON, Mr. PRICE of North Carolina, self, Mr. SHUSTER, Mr. TIBERI, Ms. pressing the sense of the Congress that it is and Mr. CRANE. HART, Mr. PENCE, Mr. PLATTS, Mrs. the policy of the United States that the fu- H.R. 1212: Mr. KELLER. CAPITO, Mr. PUTNAM, Mr. JOHNSON of ture of Taiwan should be resolved peacefully H.R. 1220: Mr. PETERSON of Pennsylvania. Illinois, Mr. FORBES, and Mr. through a democratic mechanism with the H.R. 1254: Ms. WOOLSEY. GRAVES): express consent of the people of Taiwan and H.R. 1305: Mr. JENKINS. H.R. 2865. A bill to amend the Balanced free from outside threats, intimidation, or H.R. 1556: Mr. TRAFICANT, Mr. PENCE, Mr. Budget and Emergency Deficit Control Act interference; to the Committee on Inter- BERMAN, and Mr. OSBORNE. of 1985 to require a sequestration of discre- national Relations. H.R. 1594: Mr. FRANK, Mr. MCNULTY, and tionary non-defense spending for fiscal year Ms. ESHOO. 2002 equal to the size of any on-budget deficit f H.R. 1597: Mr. MEEKS of New York. for fiscal year 2001; to the Committee on the Budget. ADDITIONAL SPONSORS H.R. 1604: Mr. COSTELLO and Mr. PETERSON By Ms. SANCHEZ: of Minnesota. Under clause 7 of rule XII, sponsors H.R. 1624: Mr. HAYWORTH, Mr. LUTHER, Mr. H.R. 2866. A bill to restore freedom of were added to public bills and resolu- choice to women in the uniformed services HUNTER, Mr. FILNER, Mr. KNOLLENBERG, Mr. serving outside the United States; to the tions as follows: PORTMAN, Mr. CASTLE, Ms. ROS-LEHTINEN, Committee on Armed Services. H.R. 13: Mr. GEORGE MILLER of California Ms. KAPTUR, Mr. BACHUS, Mr. INSLEE, Mr. By Ms. VELA´ ZQUEZ (for herself, Mr. and Mr. VITTER. MCINTYRE, Mr. LUCAS of Kentucky, and Mr. DAVIS of Illinois, Mr. PASCRELL, Mrs. H.R. 28: Mr. GORDON. CALLAHAN. CHRISTENSEN, Mr. BRADY of Pennsyl- H.R. 117: Mr. ROTHMAN. H.R. 1700: Mr. MURTHA, Mr. MASCARA, Mr. vania, Mr. GONZALEZ, Mrs. H.R. 123: Mr. GOODLATTE and Mr. PETERSON MEEKS of New York, Mr. STARK, Mr. GILMAN, NAPOLITANO, Mr. PHELPS, Mrs. JONES of Minnesota. Ms. JACKSON-LEE of Texas, Mr. SMITH of New of Ohio, Mr. UDALL of New Mexico, H.R. 162: Mr. THOMPSON of California, Mr. Jersey, Mr. CROWLEY, Mr. BISHOP, Mrs. ROU- Mr. BAIRD, Mr. UDALL of Colorado, WYNN, Mr. SIMMONS, and Mr. WU. KEMA, Mr. ANDREWS, Mr. WEXLER, Mrs. Mr. ROSS, Mr. LANGEVIN, Mr. H.R. 168: Mr. SMITH of New Jersey. NAPOLITANO, Mr. PAYNE, Mr. FALEOMAVAEGA, ACEVEDO-VILA, and Mr. WYNN): H.R. 220: Mr. WELDON of Florida. and Mr. HOEFFEL. H.R. 2867. A bill to amend the Small Busi- H.R. 274: Mrs. CAPPS. H.R. 1711: Mr. NETHERCUTT. ness Act to require the Administrator to H.R. 281: Mr. BACHUS. H.R. 1717: Mr. WEXLER. submit certain disagreements to the Direc- H.R. 296: Mrs. CLAYTON. H.R. 1731: Mr. WELLER, Mr. KERNS, and Mr. tor of the Office of Management and Budget H.R. 298: Ms. MCCOLLUM. OTTER. for resolution, and to establish a minimum H.R. 303: Mr. BRADY of Pennsylvania. H.R. 1734: Mr. SAWYER. period for the solicitation of offers for a bun- H.R. 325: Mr. FILNER and Mr. BORSKI. H.R. 1750: Ms. SCHAKOWSKY. dled contract; to the Committee on Small H.R. 458: Mr. WELDON of Florida. H.R. 1751: Ms. SCHAKOWSKY. Business. H.R. 476: Mr. FORBES. H.R. 1766: Mr. FORBES.

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H.R. 1767: Mr. FORBES. H.R. 2322: Mr. CARSON of Oklahoma, Mr. H.R. 2794: Mr. HERGER and Mr. MANZULLO. H.R. 1779: Mr. WYNN, Mr. MARKEY, Mr. MORAN of Kansas, and Mrs. MINK of Hawaii. H.R. 2795: Mr. GOODE and Mr. GUTKNECHT. ROTHMAN, and Mr. DAVIS of Illinois. H.R. 2335: Mr. CARSON of Oklahoma and Mr. H.R. 2800: Mr. TANCREDO and Mr. DOO- H.R. 1784: Mr. BLAGOJEVICH, Mr. CUMMINGS, KLECZKA. LITTLE. Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. PRICE H.R. 2338: Ms. NORTON. H.R. 2802: Mr. SESSIONS. of North Carolina, Mr. GEORGE MILLER of H.R. 2348: Mr. MEEKS of New York, Mr. TOM H.R. 2805: Ms. HART, Mr. DOOLITTLE, Mr. California, and Mr. OLVER. DAVIS of Virginia, Mr. BRADY of Pennsyl- PENCE, Mr. SHOWS, and Mr. STEARNS. H.R. 1795: Mr. ROTHMAN, Mr. MATSUI, and vania, Mr. TERRY, and Mr. WEINER. H.R. 2806: Mr. FROST. Mr. COSTELLO. H.R. 2355: Mr. GILLMOR. H.R. 2830: Mr. RANGEL, Mr. FRANK, Mr. H.R. 1798: Mrs. MINK of Hawaii, Mr. ABER- H.R. 2375: Ms. SANCHEZ, Mr. JEFFERSON, OWENS, Ms. NORTON, and Mr. FALEOMAVAEGA. CROMBIE, Mr. BOUCHER, and Mr. MCINTYRE. Mr. FERGUSON, Mr. CLEMENT, Mrs. MALONEY H.R. 2833: Mr. TOM DAVIS of Virginia, Ms. H.R. 1806: Mr. SMITH of New Jersey. of New York, Mr. MENDENDEZ, Mr. HONDA, LOFGREN, Mr. DELAY, Ms. SANCHEZ, Mr. H.R. 1810: Mr. HALL of Ohio, Mr. WATT of Mr. PAYNE, Mr. MEEHAN, Mr. BECERRA, Ms. ROHRABACHER, Ms. ROS-LEHTINEN, Mr. WOLF, North Carolina, and Mr. WEINER. KAPTUR, Mrs. CHRISTENSEN, Mr. MATHESON, Mr. ROYCE, Mr. SOUDER, Mr. LANTOS, Mr. H.R. 1897: Ms. BALDWIN, Mr. MCDERMOTT, Mr. CASTLE, and Mr. ENGEL. BALLENGER, Mr. CLAY, and Mr. HYDE. and Mr. KILDEE. H.R. 2383: Mr. DOOLEY of California. H.R. 2836: Mr. KING. H.R. 1950: Mr. PETERSON of Pennsylvania. H.R. 2405: Mr. ACKERMAN. Ms. SCHAKOWSKY, H.J. Res. 8: Mr. VISCLOSKY. H.R. 1961: Mr. BRYANT, Mr. DEFAZIO, Mr. Mr. MCDERMOTT, Mr. CAPUANO, Mr. BERMAN, H. Con. Res. 20: Mr. OSBORNE. BOYD, and Mr. HOLDEN. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. H. Con. Res. 23: Mr. WELDON of Florida and H.R. 1968: Mrs. CLAYTON and Mr. MCINTYRE. CUMMINGS, and Ms. ROYBAL-ALLARD. Mr. KERNS. H.R. 1979: Mrs. MINK of Hawaii and Mr. H.R. 2466: Mr. RILEY and Mr. WELLER. H. Con. Res. 38: Mr. WALSH. ABERCROMBIE. H.R. 2484: Mr. LAFALCE, Mrs. THURMAN, H. Con. Res. 48: Mr. WELDON of Florida. H.R. 1988: Mr. FROST. Mrs. MALONEY of New York, Mrs. H. Con. Res. 97: Mr. CLAY. H.R. 1997: Mr. WALSH. CHRISTENSEN, Mr., ISRAEL, Mr. MCGOVERN, H. Con. Res. 102: Mr. SIMMONS, Mr. DOYLE, H.R. 2022: Mr. GEORGE MILLER of California Mr. WAXMAN, Mr. MOORE, Ms. SCHAKOWSKY, Mr. BOSWELL, Ms. MCCARTHY of Missouri, and Mrs. DAVIS of California. Mrs. MORELLA, Mr. MEEHAN, Ms. ROYBAL-AL- Mr. MCDERMOTT, Mr. PASCRELL, and Mr. H.R. 2071: Ms. BALDWIN and Mr. GREEN of LARD, Mr. SWEENEY, Mr. SERRANO, Mr. BRADY SMITH of Washington. Wisconsin. of Pennsylvania, and Mr. FILNER. H. Con. Res. 104: Mr. EDWARDS. H.R. 2096: Mr. ROGERS of Michigan. H.R. 2485: Ms. LOFGREN. H. Con. Res. 164: Mr. BACA and Mr. H.R. 2098: Mr. SMITH of New Jersey. H.R. 2507: Mr. FORBES. LOBIONDO. H.R. 2125: Mr. FARR of California, Mr. H.R. 2549: Mrs. CAPPS. H. Con. Res. 184: Mr. HEFLEY, Mr. PENCE, ABERCROMBIE, Mr. CALLAHAN, Mr. BURR of H.R. 2550: Mr. PALLONE, Ms. ROS-LEHTINEN, Mr. FORBES, Mr. JONES of North Carolina, North Carolina, Mr. ROSS, Mr. EHRLICH, Mr. and Mr. CROWLEY. Mr. NORWOOD, Mr. SCHROCK, Mr. BRADY of BROWN of Ohio, Ms. BALDWIN, Mr. GOOD- H.R. 2555: Mr. SCOTT, Mr. RUSH, Ms. Texas, and Mr. WHITFIELD. LATTE, Mr. DOYLE, Mr. WELDON of Florida, MCCOLLUM, and Mr. OWENS. H. Con. Res. 197: Mr. GRAVES, Mr. SMITH of Mr. LUCAS of Kentucky, Ms. LEE, Ms. RIV- H.R. 2578: Mr. BERMAN, Mrs. BONO, Ms. New Jersey, Mr. TERRY, Ms. BALDWIN, and ERS, Mr. ENGEL, Mr. CARSON of Oklahoma, HARMAN, Mr. HONDA, Ms. LEE, Mr. MATSUI, Mr. ISAKSON. Mr. BARR of Georgia, Mr. PETERSON of Min- Ms. PELOSI, Mr. RADANOVICH, Ms. SANCHEZ, H. Con. Res. 206: Mr. TOOMEY and Mr. GARY nesota, Mr. MCGOVERN, Mr. SCOTT, Mr. Mrs. TAUSCHER, Ms. WATSON, Ms. WOOLSEY, G. MILLER of California. COYNE, Ms. DELAURO, Mr. MCNULTY, Ms. and Mrs. CAPPS. H. Con. Res. 214: Mr. LOBIONDO, Mr. MCCOLLUM, Mr. LANTOS, and Mr. PASCRELL. H.R. 2614: Mr. WEINER. TANCREDO, Mrs. JOANN DAVIS of Virginia, H.R. 2138: Mr. UDALL of New Mexico, Mrs. H.R. 2615: Mr. KERNS, Mr. HEFLEY, Mr. Mr. SCHROCK, and Mr. CALVERT. CHRISTENSEN, and Mrs. MORELLA. BARR of Georgia, and Ms. RIVERS. H. Res. 230: Mr. SHAW and Mr. UDALL of H.R. 2157: Mr. HASTINGS of Washington. H.R. 2623: Mr. WALSH, Mr. RANGEL, Mr. New Mexico. H.R. 2160: Ms. MILLENDER-MCDONALD. FOSSELLA, and Mr. COYNE. H.R. 2173: Mr. KENNEDY of Rhode Island, H.R. 2629: Ms. ESHOO and Mr. OWENS. f Mr. BERMAN, Ms. RIVERS, Mr. STUPAK, Mr. H.R. 2630: Mrs. MORELLA and Mr. ANDREWS. OWENS, and Mr. BALDACCI. H.R. 2631: Mr. SCHAFFER and Mr. JONES of H.R. 2200: Mr. LEACH, Mr. MORAN of Kansas, North Carolina. DELETIONS OF SPONSORS FROM and Mr. DAVIS of Illinois. H.R. 2635: Mr. MENENDEZ, Mr. SERRANO, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 2211: Mr. TIERNEY. BACA, Mr. WAXMAN, Mr. GONZALEZ, Mr. Under clause 7 of rule XII, sponsors H.R. 2220: Ms. ROYBAL-ALLARD, Mrs. REYES, Mr. OWENS, Mr. STARK, and Mr. were deleted from public bills and reso- MORELLA, Mr. WELLER, Mr. WAXMAN, Mr. CROWLEY. lutions as follows: BERMAN, Mr. BISHOP, Mr. MORAN of Virginia, H.R. 2640: Mr. FROST, Mr. MCNULTY, Mrs. Mr. UDALL of Colorado, Mrs. NAPOLITANO, MEEK of Florida, Ms. MCKINNEY, and Mr. H. Con. Res. 144: Mr. PICKERING. Mr. LOBIONDO, Mr. MCINTYRE, Mr. COSTELLO, OWENS. Mr. DIAZ-BALART, Mr. NADLER, Mr. HINCHEY, H.R. 2641: Mr. MCGOVERN. f Mr. GORDON, Mr. DOYLE, Mr. GILLMOR, Mr. H.R. 2662: Mr. JOHNSON of Illinois. ISAKSON, and Ms. MCCOLLUM. H.R. 2663: Mr. HANSEN. AMENDMENTS H.R. 2227: Mr. EVERETT. H.R. 2667: Mr. KENNEDY of Minnesota. Under clause 8 of rule XVIII, pro- H.R. 2269: Ms. DUNN, Mr. GREENWOOD, Ms. H.R. 2675: Mr. CHABOT. PRYCE of Ohio, Mr. CLEMENT, and Mr. H.R. 2709: Mr. WELLER. posed amendments were submitted as MATHESON. H.R. 2716: Mr. SIMPSON. follows: H.R. 2308: Mr. MEEKS of New York, Mr. H.R. 2725: Mr. HOLDEN, Mr. FILNER, Mr. H.R. 2586 DIAZ-BALART, Mr. GORDON, Ms. BROWN of WOLF, Mrs. DAVIS of California, Mr. KILDEE, OFFERED BY: MR. SCOTT Florida, Ms. WOOLSEY, Mr. MASCARA, Mrs. Mr. FALEOMAVAEGA, Mr. PHELPS, and Mrs. MEEK of Florida, Mr. OWENS, and Mr. TAUSCHER. AMENDMENT NO. 1: At the end of title NETHERCUTT. H.R. 2730: Mr. HYDE. XXXV, add the following: H.R. 2316: Mr. OTTER, Mr. WATTS of Okla- H.R. 2747: Mr. NETHERCUTT, Mr. MCGOVERN, SEC. . USE OF CONVEYED NDRF VESSELS. homa,, Mr. BONILLA, Mr. BARTON of Texas,, Mr. KLECZKA, Mr. LANGEVIN, Mr. BOUCHER, Section 3603(a) of the Strom Thurmond Na- Mr. POMBO, Mr. HALL of Texas, Mr. RADANO- Mr. SANDLIN, Mr. GREENWOOD, Mr. EVANS, tional Defense Authorization Act for Fiscal VICH, Mr. LINDER, Mr. JO ANN DAVIS of Vir- Mr. FILNER, Mrs. THURMAN, and Mr. BRADY of Year 1999 (Public Law 105–261; 112 Stat. 2273) ginia, Mr. TIBERI, Mr. GRAVES, and Mr. KEN- Pennsylvania. is amended by inserting ‘‘or as a bulk grain NEDY of Minnesota. H.R. 2750: Ms. MCKINNEY and Mr. HILLIARD. carrier’’ after ‘‘for use as an oiler’’.

VerDate 31-AUG-2001 01:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.040 pfrm01 PsN: H06PT1 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, THURSDAY, SEPTEMBER 6, 2001 No. 115 Senate The Senate met at 10:30 a.m. and was lic for which it stands, one nation under God, MEASURE PLACED ON called to order by the Honorable E. indivisible, with liberty and justice for all. CALENDAR—S. 2563 BENJAMIN NELSON, a Senator from the f Mr. REID. I understand there is a bill State of Nebraska. at the desk for its second reading. The ACTING PRESIDENT pro tem- PRAYER APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE pore. The clerk will report. The Chaplain, Dr. Lloyd John The assistant legislative clerk read Ogilvie, offered the following prayer: The PRESIDING OFFICER. The as follows: Almighty God, we commit ourselves clerk will please read a communication A bill (H.R. 2563), an act to amend the Pub- to You, the work of this day, and the to the Senate from the President pro lic Health Service Act, the Employee Retire- challenges we face. You have made tempore (Mr. BYRD). ment Income Security Act of 1974, and the commitment the condition for receiv- The legislative clerk read the fol- Internal Revenue Code of 1986, to protect lowing letter: consumers in managed care plans and other ing Your grace and guidance. We ac- health coverage. cept the admonition of Proverbs: U.S. SENATE, Mr. REID. Mr. President, I would now ‘‘Commit your works to the Lord, and PRESIDENT PRO TEMPORE, object to any further proceeding on your thoughts will be established’’ Washington, DC., September 6, 2001. To the Senate: this legislation at this time. (Proverbs 16:3). We long to be divinely Under the provisions of Rule I, paragraph The ACTING PRESIDENT pro tem- inspired thinkers. When we commit our 3, of the Standing Rules of the Senate, I pore. The bill will be placed on the cal- problems, plans, and projects to You, hereby appoint the Honorable E. BENJAMIN endar. You instigate thoughts we would not NELSON, a Senator from the State of Ne- have conceived without Your help. braska, to perform the duties of the Chair. f Show us how the sublime secret of in- ROBERT C. BYRD, SCHEDULE President pro tempore. tellectual leadership works. The Mr. REID. Mr. President, as has been Psalmist knew that secret: ‘‘Commit Mr. NELSON of Nebraska thereupon announced, in 5 minutes the Senate your way to the Lord, and trust also in assumed the chair as Acting President will recess for purposes of the joint Him, and He shall bring it to pass . . . pro tempore. meeting with President Fox of Mexico. rest in the Lord, and wait patiently for Senators have been notified to be here f Him’’ (Psalm 37:5, 7). in 5 minutes to proceed to the House We claim Your presence; You are RESERVATION OF LEADER TIME Chamber for the meeting. here in this Chamber and with every When the Senate reconvenes at 12 Senator and staff member in the offices The ACTING PRESIDENT pro tem- noon, we will continue on the export and committees and hearing rooms of pore. Under the previous order, the administration bill. It is my under- the Capitol. We praise You for Your su- leadership time is reserved. standing, having spoken with the man- perabundant adequacy to supply our agers of the bill, Senators SARBANES f needs spiritually and intellectually. and ENZI, that progress has been made You establish our thinking and ener- MORNING BUSINESS over the evening, and I have been gize our work. Bless the Joint Session told—and we will hear more from the of Congress this morning as we wel- The ACTING PRESIDENT pro tem- managers shortly—that that bill can be come Mexican President Vicente Fox pore. Under the previous order, there wrapped up this afternoon. I hope that and continue to strengthen the ties be- will now be a period for the transaction is the case because we want to alert tween Mexico and the United States. of morning business not to extend be- Senator HOLLINGS and Senator GREGG We commit the day; You will show yond the hour of 10:40 a.m. with Sen- that we should move and will move to the way, and we will receive Your ators permitted to speak therein for up the Commerce-State-Justice Appro- strength without delay. You are our to 5 minutes each. priations Act today as soon as this Lord and Saviour. Amen. other legislation is finished. f f The ACTING PRESIDENT pro tem- pore. The Senator from Maryland. PLEDGE OF ALLEGIANCE RECOGNITION OF THE ACTING f The Honorable E. BENJAMIN NELSON MAJORITY LEADER led the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- EXPORT ADMINISTRATION ACT I pledge allegiance to the Flag of the pore. The Senator from Nevada. Mr. SARBANES. Mr. President, with United States of America and to the Repub- Mr. REID. I thank the Chair. respect to S. 149, which is before the

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

S9129

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VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.000 pfrm01 PsN: S06PT1 S9130 CONGRESSIONAL RECORD — SENATE September 6, 2001 Senate, it is our anticipation that upon ticularly of Senator THOMPSON and trols in this new era, we hear an array returning from the joint meeting and Senator KYL and their staffs and Sen- of arguments that reflect America’s going back into session at noon, we ator GRAMM and his staff. The meet- preeminent role in the world, our mili- would be able then to move expedi- ings and the work on this did go late tary and economic power, and the ab- tiously. There are a couple of amend- into the evening last night and began sence of the threat of major war that ments that I presume Senator THOMP- this morning so we could have as little has prevailed since the demise of the SON and Senator KYL will offer. We interruption and expedition of the busi- Soviet Union a decade ago. We hear have had an opportunity to review ness that needs to be done by the Sen- proud claims that trade is the new cur- those amendments. We think they ate. Their cooperation, their attention rency of international politics; that strengthen the bill. We are prepared to to detail, and their willingness to dis- the strength of our economy, now more accept those amendments. cuss throughout the whole process the than ever, underpins our national There is a question of the blue ribbon last 3 years we have been working on it power and global influence; and that in commission on which an agreement has is very much appreciated, particularly the brave new world of the Information not been reached. I do not know wheth- the hours they and their staff put in Age, most technological flows are un- er Senator SHELBY, who authored that last evening and early this morning. controllable, or controls are meaning- amendment, will proceed to offer it or Mr. SARBANES. Mr. President, I less due to the availability of the same not. If he does, we will have to take it yield the floor. technology from foreign competitors. up and, of course, be open to amend- ment. We hope to be able to resolve f The business of America is business, that issue rather quickly. We have a CONCLUSION OF MORNING we are told, and those of us who believe managers’ amendment to be adopted. BUSINESS national security controls exist to pro- tect national security, rather than And then we anticipate going to final The ACTING PRESIDENT pro tem- simply expedite American exports, are passage. pore. Morning business is closed. So that is the sequence that we envi- accused of old thinking, of living in a sion. We think that could be done in f dangerous past rather than a pros- short order. I don’t think that it will JOINT MEETING OF THE TWO perous and peaceful present. For many, really take a lot of time to do all of HOUSES—ADDRESS BY THE the new definition of national secu- this, maybe an hour at most, and we PRESIDENT OF MEXICO rity—in a haunting echo of the think- could get this bill completed and off ing that inaugurated the last century— the floor. I say to the majority whip, RECESS predicates the safety and well-being of we would be able then to move on to The ACTING PRESIDENT pro tem- the American people upon the free other legislation in the early after- pore. Under the previous order, the flows of trade and finance that make hour of 10:40 a.m. having arrived, the noon. But that is my expectation of our economy the envy of the world, and Senate will now stand in recess until how we will proceed. our business leaders a dominant force the hour of 12 noon. I want to acknowledge and thank in our time. Senator THOMPSON, Senator KYL, and Thereupon, the Senate at 10:40 a.m., Senator ENZI—Senator GRAMM was in- preceded by the Secretary of the Sen- I am an ardent free trader, and I be- volved in the discussion that Senator ate, Jeri Thomson, and the Vice Presi- lieve economic dynamism is indeed a ENZI had with the other two Senators— dent, RICHARD B. CHENEY, proceeded to central pillar of national strength. But for moving this matter along. the Hall of the House of Representa- I do not believe our prosperity requires Mr. THOMPSON. Will the Senator tives to hear the address by the Presi- us to forego very limited and appro- yield. dent of Mexico, Vincente Fox. priate controls on goods and tech- Mr. SARBANES. Certainly. (The address is printed in the Pro- nologies that, in the wrong hands, Mr. THOMPSON. Mr. President, I ceedings of the House of Representa- could be used to attack our civilian think the Senator very well states the tives in today’s RECORD.) population here at home, or against status of the situation and what has At 12 noon, the Senate, having re- American troops serving overseas. Ex- occurred. We have been discussing turned to its Chamber, reassembled perts agree that both rogue regimes these matters as late as 30 minutes when called to order by the Presiding and hostile terrorist organizations are ago. I do anticipate that we will have Officer (Mr. REID). actively seeking components for weap- two short amendments that have been The PRESIDING OFFICER. In my ons of mass destruction, many of which discussed and we will be able to agree capacity as a Senator from the State of are included in the list of goods we con- upon which will improve the bill. As a Nevada, I suggest the absence of a trol under our current export licensing part of our understanding, there will be quorum. system. two letters from both advocates and The clerk will call the roll. opponents of this legislation to the Unlike in the Cold War era, when we The assistant legislative clerk pro- created our export control regime to White House on a couple matters that ceeded to call the roll. we believe are very important but that keep sensitive technologies out of the Mr. MCCAIN. Madam President, I ask hands of the Soviet Union, this era is should first be addressed by the White unanimous consent the order for the House, such as the deemed export rule, characterized by an array of diverse quorum call be dispensed with. threats emanating from both hostile which is a very complex matter that The PRESIDING OFFICER (Mrs. we believe should properly be handled nations and non-state actors. Hostile CLINTON). Without objection, it is so nations like Iran and North Korea are by Executive order. So with those two ordered. amendments and those two letters, I disturbingly close to developing mul- think we are in a state of agreement f tiple-stage ballistic missiles with the with regard thereto. EXPORT ADMINISTRATION ACT OF capability to target the United States. The only other matter, as Senator 2001 These and other nations, including SARBANES indicated, is the question of Syria and Iraq, receive significant and The PRESIDING OFFICER. Under the commission. I anticipate that we continuing technical assistance and the previous order, the Senate will now will certainly know by 12 o’clock what material support for their weapons de- resume consideration of S. 149, which the situation on that will be. We will velopment efforts from China and Rus- the clerk will report. either have a vote on that or not. But sia, with whom much of our trade in The assistant legislative clerk read if we do, I would anticipate that would dual-use items is conducted. The intel- as follows: be the only rollcall vote that we would ligence community has made star- have, and we would be able to proceed A bill (S. 149) to provide authority to con- tlingly clear the proliferation record of trol exports, and for other purposes. forthwith to final passage. China and Russia, as well as North Mr. ENZI. Will the Senator yield. The PRESIDING OFFICER. The Sen- Korea, and the adverse consequences of Mr. SARBANES. Certainly. ator from Arizona. their weapons development and tech- Mr. ENZI. I would add my thanks and Mr. MCCAIN. Madam President, as nology transfers to American security appreciation for all the hard work, par- we debate our system of export con- interests.

VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.002 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9131 I do not believe that S. 149 ade- the wrong hands; and such safeguards I have great respect for the few oppo- quately addresses these threats. Unfor- are more relevant than ever in the face nents of this legislation. However, I be- tunately, the Senate yesterday re- of the multifaceted and unconventional lieve it is a misstatement to suggest jected a reasonable amendment offered threats to our country unleashed by that this bill somehow diminishes our by Senator THOMPSON allowing the rel- the information revolution. Nation’s ability to control technology evant national security agencies to re- A number of proponents of S. 149 which needs to be controlled when in ceive a 60-day time extension to review argue that American companies should fact this legislation imposes greater particularly complex license applica- not be straitjacketed by U.S. national controls where necessary and signifi- tions. This reform, proposed by the Cox security controls even as their foreign cantly increases penalties and de- Commission, and a number of amend- competitors remain free to peddle simi- creases the likelihood of sales that are ments adopted by the House Inter- lar technologies to proliferators and inappropriate. national Relations Committee in its rogue regimes. This argument over- At the same time this legislation ac- markup of the Export Administration looks the fact that America continues knowledges that a vibrant American Act, properly addressed some of the de- to lead the world in technological inno- economy is a critical component of our ficiencies in the current version of S. vation; our products are often unique national security. Senator BENNETT, 149. when compared with those produced by our friend from Utah, spoke eloquently S. 149 has the strong support of the businesses in France, Germany, or to this point yesterday. business community and the Bush Ad- Japan. More fundamentally, such an Advancements in high technology ministration. In the short term, pro- approach only emboldens potential en- allow us to ‘‘run faster’’ than our en- ponents of this legislation are correct: emies who seek access to our markets emies. To foster continued advance- loosening our export controls will as- in sensitive goods. In concert with ments, we must take great care not to sist American businesses in selling ad- friends and allies, we should endeavor punish American businesses by lim- vanced products overseas. In another to shame foreign companies who sell iting unnecessarily their marketplace, age, proponents of free trade in sen- dangerous items to rogue buyers by if those same products will simply be sitive goods with potentially hostile making their identities public—not provided by our foreign competitors. nations were also correct in asserting scramble for market access in dan- The observation is made, well, what the commercial value of such enter- gerous technologies at their expense, about unique American technology? prise: Britain’s pre-World War I steel as if nothing more than corporate prof- This legislation takes that into ac- trade with Germany earned British its were at stake. We should also make count. It allows for strong limitations plants substantial profits even as it al- it a diplomatic priority to construct a where it is truly unique and where lowed Germany to construct a world- new multilateral export control re- those sales would, in fact, pose some class navy. Western sales of oil to Im- gime, in concert with like-minded na- jeopardy to our Nation’s security. perial Japan in the years preceding tions, to fill the vacuum created by the S. 149 balances our national security World War II similarly earned peaceful collapse of COCOM, which regulated interests and our commercial interests nations commercial revenues. In both Allied exports during the Cold War to with a first and foremost concern for cases, friendly powers caught on to the keep critical technologies out of Soviet national security—appropriately so. destructive potential of such sales and hands. But it does recognize that our pros- embargoed them, but it was too late. As a proud free-trader, I maintain perity and our security are, in fact, Such trade inflicted an immeasurable that we should continue to carefully interrelated. This has been a thoroughly bipar- cost on friendly nations blinded by review our most sensitive exports; we tisan process—a process, frankly, that pure faith in the market, and in the can, in fact, exercise some control over I would like to see more often the case power of commerce to overcome the their end use. I fear we shall one day on the floor of this body. ambitions of hostile powers that did reap the bitter harvest we sow in our neglect of the consequences to Amer- I have great gratitude for the work of not share their values. Chairman SARBANES, ranking member I resolutely support free trade. But I ica’s security of an overly complacent GRAMM, Senator ENZI, and some others cannot with a clear conscience support export licensing regime. As a nation, we may have to learn the hard way who have contributed in a constructive passage of legislation that weakens our way to this legislation. And Senators national security controls on sensitive that winking at the proliferation THOMPSON and KYL have made valuable exports to a point that we may one day threats we face today, in light of clear evidence that nations to which we ex- suggestions to enhance the bill. I be challenged, or face attack, from thank them for their role and their sin- weapons derived from the very tech- port sensitive technologies continue to apply and share them with our en- cere concern for our Nation’s security. nologies we have willingly contributed I thank Senators DAYTON and ROBERTS to the world. Our peaceable intentions, emies, diminishes our national security to a point for which no amount of cor- for their constructive input on this leg- our love of prosperity and stability, are islation as well. not shared by those who would do porate profits will compensate. I thank Senator THOMPSON for his ef- I urge the House to move expedi- America harm, and whose hostile ambi- forts on this legislation. I do not be- tiously to pass the EAA so the White tions today may well be matched to- lieve that his amendment yesterday House can sign this bill into law. This morrow by the ability to deliver on should have been defeated. I thought it is a high priority for the White House. that threat. We should make it harder, was a reasonable amendment. I think For those who may have some con- not easier, for them to do so. it is also another example of a compel- cern about the expertise of the vast bi- Our export control regime should un- ling requirement for campaign finance partisan majority of this Senate in dergo significant reform to address the reform. support of this legislation out of na- challenges and opportunities of our I yield the floor. tional security concerns, I again re- time. Proponents of S. 149 focus on the The PRESIDING OFFICER (Mrs. mind the body that this legislation not opportunities this legislation affords CLINTON). The Senator from South Da- only had the overwhelming bipartisan American business. I have worked with kota. support of thoughtful Senators on both Senators THOMPSON, KYL, SHELBY, Mr. JOHNSON. Madam President, S. sides of the aisle but is urgently sup- HELMS, and WARNER to highlight the 149 is, in fact, a balance that modern- ported by President Bush, by Secretary reality that this bill does not ade- izes our export control laws to account of Defense Rumsfeld, Secretary of quately address the national security for the geopolitical, commercial, and State Powell, Commerce Secretary challenges we face today. National se- technological changes of this past dec- Evans, and National Security Adviser curity controls cover only a tiny frac- ade. Condoleezza Rice. Certainly those in tion of total American exports; the This bill recognizes that on occasion the White House have taken national overwhelming majority of export appli- exports must be controlled for national security as a first and foremost con- cations for dual-use items are approved security and for foreign policy reasons. cern. Any suggestion that somehow by our government; limited controls S. 149 substantially increases the Presi- that issue has been taken lightly by properly exist to help prevent highly dent’s authority to impose controls the advocates of this bill is simply in- sensitive technologies from falling into when in fact they are necessary. correct.

VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.005 pfrm01 PsN: S06PT1 S9132 CONGRESSIONAL RECORD — SENATE September 6, 2001 This has been, frankly, a model for We do not want to try to stop the ex- perior American technology just be- how the Senate can work together for port of items that are clearly out there cause inferior items are available over- the good of our Nation. It is not a Re- in the domain, but it should not be an seas. publican bill. It is not a Democrat bill. overriding consideration. We should So I think this strengthens this pro- But it is a bill put together across the not be deregulating whole categories of vision in an important way. It cer- aisle with the cooperation of the White items, and not even being able to keep tainly does not address all of our con- House. It has been extremely grati- up with how much we are shipping to cerns, but it does strengthen this pro- fying, frankly, to have been so closely some country, and what kind of item vision in an important way to make involved in the creation of this reau- we are sending to some country. sure if we are going to enter into this, thorization. This foreign availability concept what I consider to be a very large de- To reject this legislation, to fall back takes these large categories totally control process, in a very dangerous on the Executive order, which is under outside the regulatory process that we time, to very dangerous countries, that legal challenge, and which extends far are fearful might contain something we ought to at least make sure that if less authority to the White House to that might turn out to be harmful to we are claiming they can get these control the sales of high-tech items our national security. We ought to items anyway, it is really the same around the world, would be a tragic have a way for the appropriate rep- kind of items we have, the same qual- mistake. This Nation needs a modern resentatives in our Government to ity we have. I think this amendment dual-use technology trade regime. This judge these matters, item by item, and would go a long way toward ensuring legislation provides that. case by case, to make a determination. that. Those in our Government who are It may take a few days, a few weeks in I thank my colleagues on the other given the great responsibility of na- some cases perhaps, to make this de- side of this issue for entering into real tional security have applauded this termination, but it is well worth it be- discussions with us on it. Hopefully, we bill. It is the kind of balance our coun- cause the reason for export control have come to an agreement on this try needs. I believe the Senate has per- laws is not primarily commerce; it is issue. formed its work very ably to bring this primarily national security. I yield the floor. bill to this point. If you look at this bill, you will see Mr. SARBANES. Madam President, I It is my hope we can conclude this that the purpose of the export control thank the Senator from Tennessee for debate very soon, work with our col- law is to prevent the proliferation of his contribution throughout this de- leagues in the other body, and deliver weapons of mass destruction and bate. As he said, we have listened and this bill onto the desk of the President, things that are detrimental to our na- considered carefully. I am perfectly who has urged us over and over again tional security or things that poten- prepared to accept this amendment. to pass this bill and to again have in tially are. But, anyway, I am in the mi- And I think introducing this quality place a strong, powerful, dual-use tech- nority on that. concept about which he spoke yester- nology trade regime for our Nation. The administration supports this day is an important improvement and Madam President, I yield the floor concept of foreign availability. The addition to this bill. I am happy to be and suggest the absence of a quorum. majority leadership supports this con- supportive of it. The PRESIDING OFFICER. The cept. So that being the case, we have Mr. ENZI. I, too, thank the Senator clerk will call the roll. attempted to enter into discussions from Tennessee for his cooperation and The assistant legislative clerk pro- whereby, hopefully, we could convince diligence in the months of working on ceeded to call the roll. our colleagues on the other side of this this bill with us, and with the 59 other Mr. THOMPSON. Madam President, I issue that there is some validity to our changes in the bill as well, and for his ask unanimous consent the order for concern and, hopefully, the idea being willingness to work with us on this the quorum call be rescinded. that they would make some accommo- change. We are happy to accept it. The PRESIDING OFFICER. Without dation to us on this concept. The PRESIDING OFFICER. Is there objection, it is so ordered. I am happy to say that we have been further debate on the amendment? Mr. SARBANES. I urge adoption of AMENDMENT NO. 1527 able to reach some accommodation on the amendment. Mr. THOMPSON. Madam President, I this issue that addresses some of our The PRESIDING OFFICER. If not the send an amendment to the desk and concerns. question is on agreeing to amendment ask for its immediate consideration. This amendment that I have just of- fered makes an important change to No. 1527. The PRESIDING OFFICER. The The amendment (No. 1527) was agreed clerk will report the amendment. the definition of ‘‘foreign availability.’’ Under S. 149, items could be decon- to. The assistant legislative clerk read Mr. SARBANES. I move to recon- trolled and bypass any kind of review as follows: sider the vote. The Senator from Tennessee [Mr. THOMP- so long as similar items that were Mr. ENZI. I move to lay that motion SON] proposes an amendment numbered 1527: available from foreign countries were on the table. On page 197, line 15, strike ‘‘substantially not substantially inferior to U.S. The motion to lay on the table was inferior’’ and insert ‘‘not of comparable qual- items. In other words, foreign avail- ity’’. agreed to. ability would kick in and the decontrol Mr. SARBANES. Madam President, I Mr. THOMPSON. Madam President, would kick in under the bill as long as suggest the absence of a quorum. this amendment addresses the issue of countries could get things that were Mr. THOMPSON addressed the Chair. foreign availability. As all who have not substantially inferior. Mr. SARBANES. I withhold the re- listened to our discussion up until now Our belief is that we ought to make quest. realize, one of the more important sure, before we decontrol our items, The PRESIDING OFFICER. The Sen- pieces of S. 149 has to do with foreign they can really get items that are com- ator from Tennessee. availability. Essentially, what this bill parable to what we have. If they can Mr. THOMPSON. Madam President, I does is say if the Department of Com- get items that are inferior to what we suggest that while we are waiting on merce makes a determination that have, then we should still maintain another Senator, who I believe has one some item has foreign availability sta- controls because we have something more amendment to consider, we dis- tus, then that item is essentially de- they cannot otherwise get. And they cuss the matters of deemed exports and controlled. It does not go through the are sensitive matters or they would not commodity classification. We have had licensing process anymore, the idea have been on the control list. So we some discussions about those subjects being that it is out there and anybody ought to be careful about that. also. If I may, I will simply relate what can get it, and why control it. So this amendment changes that my understanding is with regard to Frankly, I think it is not a good idea. standard of ‘‘not substantially infe- those issues. I think that foreign availability should rior’’ to ensure that the items are of First of all, on the deemed export be taken into consideration, as we al- ‘‘comparable quality’’ to U.S. items. It issue, we have had concerns on this ways have in our export policy taken is a small but significant change that side that the legislation did not ade- foreign availability into consideration. ensures that we will not decontrol su- quately address the problem of deemed

VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.008 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9133 exports. As most who follow this issue Could I get an amen on that? Remember these are dual-use items. know, a deemed export comes about The PRESIDING OFFICER. The Sen- They have two different uses. They when, in a typical situation, sensitive ator from Wyoming. may be very useful in a private way, information is passed to a foreign na- Mr. ENZI. Madam President, again, I business way. They may also be useful tional who perhaps is working at one of appreciate the care, concern, and detail in a military way. Let me give an ex- our National Laboratories or working in which the Senator from Tennessee ample. in one of our businesses on sensitive in- and the Senator from Arizona, and oth- Not too long ago, some folks in Ger- formation, who may or may not have a ers who have participated on this, have many developed a very important med- government contract, the idea being expressed their concerns about the ical device called the lithotriptor that with regard to the physical ex- deemed export controls. We do recog- which, with a high-energy beam, lit- porting of an item, that information nize that the problem is not primarily erally zaps kidney stones so they break should then be controlled when giving in the private sector; that it is pri- up into a million little pieces and sur- it to a foreign national. That should be marily in the government and edu- gery is not necessary to remove them. reported. We should go through a rea- cational and health institutions. The It is a very important medical treat- sonable process to make sure no dam- private sector has some proprietary ment now for people. It is nonintrusive, age is being done. rights they try to preserve, but it no surgery, and has a great success We learned from hearings with regard would be a problem there, too, and we rate. to our National Laboratories, for ex- wanted it addressed in all those sec- These are very sophisticated pieces of ample, that we were woefully behind as tors. equipment. They have some special a government from even private indus- Mr. THOMPSON. I thank the Sen- switching components in them. It try; that we were not paying attention ator. turns out that Iraq has found that in our National Laboratories to the The PRESIDING OFFICER. The Sen- those switches are useful in their nu- deemed export requirements. There ator from Arizona. clear weapons program. This is a good were hardly any deemed export notifi- AMENDMENT NO. 1529 example of a dual-use item. It was not cations or licenses issued by our lab- Mr. KYL. Madam President, I have invented for defense purposes. It has an oratories. Our laboratories contain an amendment I send to the desk and item in it that can be used for weapons. probably the most sensitive matters ask for its immediate consideration. We know that. We don’t want that that we have in this Nation, including The PRESIDING OFFICER. The item to be used for that purpose. the maintenance of our nuclear stock- clerk will report. Saddam Hussein has ordered 50 of pile, our Stockpile Stewardship Pro- The assistant legislative clerk read these. I don’t think there is a need for gram, including information con- as follows: 50 lithotriptors in Iraq, frankly. We cerning our most sensitive weapons. The Senator from Arizona [Mr. KYL] pro- want to be careful about the export of We believed we should deal with the poses an amendment numbered 1529. items that are available on the market. deemed export issue. The administra- Mr. KYL. Madam President, I ask Any hospital can buy a lithotriptor if tion has said it would like to address unanimous consent that reading of the they have enough money. They are this complex issue—and it is complex— amendment be dispensed with. available. By now I am sure there are through regulation rather than include The PRESIDING OFFICER. Without more companies than just the one Ger- it in the legislation. We have agreed objection, it is so ordered. man company that make them. These that a letter will be sent to the admin- The amendment is as follows: are items that can be acquired. They istration from both supporters and op- On page 296, strike line 1 through line 7 and have dual-use capabilities. ponents of this bill asking the adminis- insert the following: In the granting of an export license tration to review existing regulations ‘‘(3) REFUSAL BY COUNTRY.—If the country on this kind of product, you have to be and address this issue. in which the end-user is located refuses to careful that it is not used for military Continued control of deemed exports allow post-shipment verification of a con- purposes. is an essential component of our export trolled item, the Secretary may deny a li- It may be that the example I used control process. Right now there is cense for the export of that item, any sub- isn’t technically correct in the way the stantially identical or directly competitive substantial noncompliance, as I said. item or class of items, any item that the bill would work, but I think I make my This letter is designed to urge the ad- Secretary determines to be of equal or great- point. ministration to develop new regula- er sensitivity than the controlled item, or The bill has a provision in it which tions that ensure understanding of and any controlled item for which a determina- says that if a company to which you compliance with the responsibility to tion has not been made pursuant to section sell, let’s say a company in China, uses control deemed exports. 211 to all end-users in that country until this product improperly, or they don’t I understand there are some in the such post-shipment verification is allowed.’’ let you inspect to see where they have business community who do not like Mr. KYL. Madam President, let me used it to verify that the shipment the concept of deemed exports at all. explain what this amendment does and went to where it was supposed to go, My understanding and intention, as far indicate to my colleagues that I be- then the Secretary shall cut that com- as this letter is concerned, is not to lieve I have the concurrence of the pany off from further exports; they give the administration the option of chairman of the committee and the can’t buy anything else from the continuing a deemed export policy or ranking member of the subcommittee United States. not; it is to tighten up the policy and and have met this morning with the But since countries such as China make sure it is updated and clear in ranking member of the Banking Com- have established a rather gray rela- terms of what responsibilities are mittee who worked out the language tionship between the Government and under that policy. with us. In fact, much of this is his lan- businesses, there also needs to be a way It is a reasonable request that they guage. of making the same point with the be given the opportunity to address it. This is the amendment I spoke to Government of China or any other gov- It is a very complex issue. We don’t yesterday regarding the post-shipment ernment. want to create onerous requirements. verification that sometimes has to I am not trying to pick on China. These foreign students and scientists occur when we say, in the granting of There happen to be some very egre- who come to America make valuable an export, we will grant the license to gious examples of the Government of contributions in many different ways. send the item overseas but for a peace- China right now not living up to agree- But we simply have to exercise com- ful purpose, for a commercial purpose, ments or post-shipment verification. mon sense and protect ourselves and go or research, or university, a business We need to have some kind of enforce- through an appropriate process when it purpose; we don’t want you to take this ment mechanism in a country such as comes to deemed exports. item and put it in your defense facility China as well. I proposed that we have I am happy. I believe we have reached or a nuclear weapons facility, some- the same kind of provision and say if some agreement that we write the ad- thing of that kind. We are going to the Chinese Government won’t permit ministration and express generally verify, after we ship it, that it went to a post-shipment verification, then the those thoughts. the right place. Secretary shall stop such exports until

VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.013 pfrm01 PsN: S06PT1 S9134 CONGRESSIONAL RECORD — SENATE September 6, 2001 they begin to comply. Well, supporters of 857 high performance computers that about to whom those items are sold of the bill said, ‘‘That is too drastic; have been shipped to China, only 132 and how the post-shipment verification why don’t you say ‘may’ so that the post-shipment verifications have been is actually implemented. Secretary has total discretion?’’ I was performed. Some of these have been So my suggestion to American busi- willing to do that. That would have outstanding for a long time. First you nesses is, if you really want to con- been the simplest way to solve the get foot-dragging, and then you get a tinue to be able to export, then help us problem. ‘‘no.’’ On other occasions they say: If work out a system that ensures that That is something I would like to you allow us to do the post-shipment these items you are exporting, which offer in the spirit of cooperation with verification, that ought to suffice. But, have a dangerous potential use, get to my friend Phil Gramm, who said, of course, it does not. These items the proper people and are not misused. ‘‘Let’s try to work a few of these things would not necessarily be subject to the If you are not willing to help us do this out; since we know the bill will pass, terms of this section, although they and if you are going to argue against you can make it marginally better.’’ might. I think it illustrates the nature enforcement of a section such as this, So we sat down with him. Frankly, the of the problem that exists if you don’t then something worse could happen. language we are offering is not what I have an enforcement mechanism. You You could have the enforcement re- would have personally offered, but it is have to have the will to enforce. sponsibility put on your shoulders. And acceptable to him and it marginally I think there will be great questions if you are not able to certify that it makes the bill better. I will read it and as to whether or not the Secretary, in went to the right place, you are not offer it. It is simple. It says: If the the exercise of his discretion, is going going to be able to make exports in the country in which the end user is lo- to be willing to deny a license to an future. Everybody should have an in- cated refuses to allow post-shipment American company which, after all, terest in making this work. verification of a controlled item, the hasn’t done anything wrong and is sim- Let me close with a note about some Secretary may deny a license for the ply trying to make a buck, in order to testimony that verified the need for export of that item, any substantially get China to enforce the limitation. this. David Tarbell, Deputy Under Sec- identical or directly competitive item Let me respond to that point. retary of Defense for Technology Secu- or class of items, any item that the Any American company which under- rity Policy, testified in July at a hear- Secretary determines to be of equal or stands that the item it is wanting to ing before the House International Re- greater sensitivity than the controlled export to a third-tier country, coun- lations Committee regarding the right item, or any controlled item for which tries of concern here, has dual-use ca- to perform post-shipment verifications. a determination has not been made pability has to exercise some responsi- He very diplomatically said: pursuant to section 211 to all end users bility. I think it has to take some of The Chinese government has been unwill- in that country until such post-ship- the consequences of the person to ing to establish a verification regime and ment verification is allowed. whom it is exporting not being willing end-use monitoring regime that would get That latter reference to section 211 to guarantee that the item is going to all of the security interests that we are in- has to do with the item subject to for- be used for appropriate purposes. terested in to ensure that items that are eign availability. It would have been So I don’t think you can make the shipped are not diverted. simpler to say the Secretary may deny case that all we are doing here is po- Impressed further by Chairman HYDE a license for any item on the list until tentially punishing American busi- about whether the post-shipment post-shipment verification is allowed nesses that are totally innocent and verification regime is a failure, Sec- by the country in question. Total dis- therefore we should not really be very retary Tarbell delicately said: cretion of the Secretary would have forward-leaning in the enforcement of I am not sure I would characterize it as a been easier. We have created jobs for this section. complete failure, but it is close to it. It is The fact is that any American busi- not something I have a great deal of con- lawyers now. I am not necessarily fidence in. against that, but when we have terms ness worth its salt should want to en- The point here is to create something such as this in the statute, we are sure that the terms of the export li- that we do have confidence in, that we going to have litigation on what it cense are being complied with. It know would work, that we can enforce means. It would have been easier to do doesn’t want to sell dual-use tech- and ensure the safety and security of it the other way. But this is the lan- nology to a country that could use it the United States in the future, know- guage I will offer. The Secretary, at against us militarily. It ought to be ing we have not allowed the wrong peo- least with respect to some items on the willing to ensure that the verification ple to get the wrong things into their control list, can say to a country such of the end user has in fact been estab- hands in a way that comes back as China, for example: Until you are lished and enforced. against the United States in a military willing to allow post-shipment So it seems to me there is no argu- ment that all we are doing here is hurt- way. verification of items A and B, which Therefore, I urge my colleagues to ing American businesses. Any Amer- you already have, then we are not support the amendment I have offered ican business would have the same in- going to grant a license on items X, Y, and which has the concurrence of Sen- and Z. They can pick what those items terest as the U.S. Government in en- ators GRAMM and ENZI and, I believe, are if they so choose. suring that the end user is in fact who the Senator from Maryland, Mr. SAR- In closing, I will give examples of it is supposed to be, both from a na- BANES. what would happen to illustrate the tional security standpoint and being The PRESIDING OFFICER. The Sen- need for this particular provision. In able to make future exports. ator from Wyoming. 1998, very recently, China agreed to There has even been an idea ad- Mr. ENZI. Again, we appreciate the allow post-shipment verification for all vanced, that I think has some merit, participation in the 59 changes before exports. They signed an agreement. which would put all of the burden on and now this change. It shows the level American business. It would basically But the Cox Commission issued its re- of detail in which Senator THOMPSON privatize this enforcement and say the port and deemed the terms of the and Senator KYL have approached this agreement wholly inadequate, from the Government is going to get out of this bill. We appreciate this change. We are U.S. point of view, to ensure that these business; it cost a lot of money, and we willing to accept it. verifications really occur. have trouble getting in the door to The PRESIDING OFFICER. Is there The amendment I proposed is de- verify these things. Private industry, further debate on the amendment? signed to try to fill a void the Cox in effect, has to certify that the item it The question is on agreeing to the Commission identified in the U.S.- sold abroad went to the user that filled amendment. China agreement. For example, the out on the form the certificate. And if The amendment (No. 1529) was agreed Commission’s report discusses a num- the company isn’t willing to verify to. ber of weaknesses in the agreement as that, or isn’t able to certify it under Mr. SARBANES. Madam President, I it relates to the export of high-per- penalty of some financial detriment move to reconsider the vote. formance computers. According to the here in the United States, then it is Mr. GRAMM. I move to lay that mo- Bureau of Export Administration, out going to become much more careful tion on the table.

VerDate 31-AUG-2001 00:25 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.016 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9135 The motion to lay on the table was cerns as to how our export policies (4) Technology exclusively for the develop- agreed to. might be affecting national security. I ment or production of electro-shock devices. Mr. THOMPSON. Madam President, I believe it is fair to say, not having (5) Pepper gas weapons and saps. ask the Senator from Maryland if we heard from my other colleagues on this (6) Any other item or technology the Sec- retary determines is a specially designed in- may make a brief statement as to our issue, that we have not been able to strument of torture or is especially suscep- understanding on the second letter we reach agreement with regard to that. tible to abuse as an instrument of torture. have discussed. That will complete our Without a doubt, we will continue to On page 226, line 8, insert ‘‘and’’ after business, I believe. work together among ourselves to try ‘‘title;’’. Mr. SARBANES. Certainly. to agree on the composition of such a On page 226, strike lines 9 through 22 and Mr. THOMPSON. Madam President, commission. I think we all agree the insert the following: this has to do with commodity classi- (ii) upon receipt of completed application— concept is a good idea, and that we (I) ensure that the classification stated on fication. We have had some concern ought to take a long impassioned look the application for the export items is cor- that when people in the business of ex- at what we are doing. We will continue rect; porting items come into the Depart- to work on that, but for right now I be- (II) refer the application, through the use ment of Commerce and they get a dif- lieve we can take that off the table. of a common data-base or other means, and ferent classification for a commodity— That concludes our comments on the all information submitted by the applicant, in other words, something might be bill in terms of these amendments. and all necessary recommendations and subject to license and they believe it The PRESIDING OFFICER. The Sen- analyses by the Secretary to the Secretary should not be subject to license any- ator from Maryland. of Defense, the Secretary of State, and the heads of any other departments and agencies more—they can come in and get that Mr. SARBANES. Madam President, I the Secretary considers appropriate; or consideration. That is appropriate. thank the distinguished Senator from (III) return the application if a license is That needs to be done, but it needs to Tennessee for his very positive and not required. be done in a manner which protects the constructive contributions throughout. On page 296, line 13, strike ‘‘parties’’ and Government and the country’s interest AMENDMENT NO. 1530 insert ‘‘persons.’’ from a national security standpoint. On page 296, line 11, after ‘‘necessary’’ in- Mr. SARBANES. Madam President, I sert ‘‘, to be available until expended,’’. The executive branch has tradition- send a managers’ amendment to the On page 296, line 20, after ‘‘necessary’’ in- ally dealt with this issue through desk and ask for its immediate consid- sert ‘‘, to be available until expended,’’. interagency agreements. We think they eration. On page 297, line 20, after ‘‘$5,000,000’’ in- need to be updated. The existing agree- The PRESIDING OFFICER. The sert ‘‘, to be available until expended,’’. ment is 5 years old and needs to be up- On page 298, line 12, after ‘‘necessary’’ in- clerk will report. sert ‘‘, to be available until expended,’’. dated to create an increased role for The senior assistant bill clerk read as On page 300, line 12, after ‘‘$2,000,000’’ in- the Departments of Defense and State. follows: sert ‘‘, to be available until expended,’’. Both the opponents and supporters of The Senator from Maryland [Mr. SAR- On page 300, line 14, after ‘‘$2,000,000’’ in- this legislation will send a letter to the BANES], for himself, Mr. GRAMM, Mr. ENZI, sert ‘‘, to be available until expended,’’. administration requesting the issuance and Mr. JOHNSON, proposes an amendment On page 311, strike lines 2 through 4 and in- of a new Executive order on commodity numbered 1530. sert the following: ‘‘other export authorization (or record- classification to ensure the participa- Mr. SARBANES. Madam President, I keeping or reporting requirement), enforce- tion of the National Security Agency. ask unanimous consent that the read- ment activity, or other operations under the We believe that with regard to many of ing of the amendment be dispensed Export Administration Act of 1979, under these issues, as the administration is with. this Act, or under the Export’’ trying to staff up and with our discus- The PRESIDING OFFICER. Without On page 311, line 14, insert ‘‘by an em- sions with them and among each other, objection, it is so ordered. ployee or officer of the Department of Com- we have realized just how outdated the merce’’ after ‘‘investigation’’. The amendment is as follows: On page 315, strike lines 6 through 10 and existing agreement is. We are going to On page 193, line 10, strike ‘‘party’’ and in- insert the following: (1), except that no civil send a letter to them to bring this to sert ‘‘person’’. penalty may be imposed on an officer or em- their attention further, and suggest On page 193, line 16, strike ‘‘party’’ and in- ployee of the United States, or any depart- they issue an Executive order. sert ‘‘person’’. ment or agency thereof, without the concur- We assume this will be done in an ap- On page 205, line 7, after ‘‘competition’’ in- rence of the department or agency employ- propriate manner, and we will not have sert ‘‘, including imports of manufactured ing such officer or employee. Sections 503 (e), goods’’. (g), (h), and (i) and 507 (a), (b), and (c) shall to take additional action. That option, On page 222, line 6, strike ‘‘Crime’’ and in- of course, is always there. Pending apply to actions to impose civil penalties sert ‘‘In order to promote respect for funda- under this paragraph. At the request of the that, we think this is an appropriate mental human rights, crime’’. Secretary, a department or agency employ- way to proceed. On page 223, line 3, strike ‘‘The’’ and insert ing an officer or employee found to have vio- The PRESIDING OFFICER. The Sen- ‘‘Except as herein provided, the’’. lated paragraph (1) shall deny that officer or ator from Wyoming. On page 223, line 9, after the period, insert employee access to information exempt from Mr. ENZI. Madam President, I thank the following: ‘‘The provisions of subsection disclosure under this section. Any officer or the Senator from Tennessee again for (a) shall apply with respect to exports of any employee who commits a violation of para- of the items identified in subsection (c).’’. graph (1) may also be removed from office or his emphasis. It is important that On page 223, between lines 9 and 10, insert there be updates on the different proce- employment by the employing agency. the following: On page 315, line 11, insert the following: dures, particularly the ones that are (c) REPORT.—Notwithstanding the provi- SEC. 603. AGRICULTURAL COMMODITIES, MEDI- done through memos of understanding sions of section 602 or any other confiden- CINE, MEDICAL DEVICES. between the agencies. tiality requirements, the Secretary shall in- (a) APPLICABILITY OF TRADE SANCTIONS RE- We appreciate the willingness of the clude in the annual report submitted to Con- FORM AND EXPORT ENHANCEMENT ACT OF Senator from Tennessee to allow that gress pursuant to section 701 a report de- 2000.—Nothing in this Act authorizes the ex- to continue to be done that way so scribing the aggregate number of licenses ap- ercise of authority contrary to the provi- proved during the preceding calendar year sions of the Trade Sanctions Reform and Ex- there is more flexibility to react to for the export of any items listed in the fol- current crises under that kind of abil- port Enhancement Act of 2000 (Public Law lowing paragraphs identified by country and 106–387; 114 Stat. 1549, 549A–45) applicable to ity. We have prepared a letter to that control list number: exports of agricultural commodities, medi- effect, and we will be sending it. (1) Serrated thumbcuffs, leg irons, cine, or medical devices. I thank the Chair. thumbscrews, and electro-shock stun belts. (b) TITLE II LIMITATION.—Title II does not The PRESIDING OFFICER. The Sen- (2) Leg cuffs, thumbcuffs, shackle boards, authorize export controls on food. ator from Tennessee. restraint chairs, straitjackets, and plastic (c) TITLE III LIMITATION.—Except as set Mr. THOMPSON. Madam President, handcuffs. forth in section 906 of the Trade Sanctions one final note. We have had some dis- (3) Stun guns, shock batons, electric cattle Reform and Export Enhancement Act of 2000, prods, immobilization guns and projectiles, title III does not authorize export controls cussion in this Chamber concerning the other than equipment used exclusively to on agricultural commodities, medicine, or possibility of an amendment that treat or tranquilize animals and arms de- medical devices unless the procedures set would create a so-called blue ribbon signed solely for signal, flare, or saluting forth in section 903 of such Act are complied commission to address additional con- use. with.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.019 pfrm01 PsN: S06PT1 S9136 CONGRESSIONAL RECORD — SENATE September 6, 2001 (d) DEFINITION.—In this section, the term of the Export Administration Act of this prohibition. The managers’ amend- ‘‘food’’ has the same meaning as that term 1979) to ensure that crime control and ment makes three changes: it (1) clari- has under section 201(f) of the Federal Food, detection instruments and equipment fies the investigations referred to are Drug, and Cosmetic Act (21 U.S.C. 321(f)). On page 318, on line 2, strike ‘‘and’’. may be exported only subject to an ex- those carried out by Department of On page 318, on line 3, insert after ‘‘(15)’’ port license. The managers’ amend- Commerce officials; (2) ensures that the following: ‘‘a description of the assess- ment further provides that any item or penalties on violators are imposed with ment made pursuant to section 214, including technology that the Secretary of Com- the agreement of the violators’ em- any recommendations to ensure that the de- merce determines is a specially de- ploying agency; and (3) allows violators fense industrial base (including manufac- signed instrument of torture or is espe- to be denied further access to confiden- turing) is sufficient to protect national secu- cially susceptible to abuse as an instru- tial information and to be removed rity; and’’ and redesignate paragraph 15 ac- ment of torture can be exported only from office. cordingly. On page 324, strike lines 1 through 4 and re- pursuant to an individual export li- Section 603: The next provision adds designate paragraphs (14) and (15) accord- cense. In addition, the Annual Report a technical provision relating to the ingly. of the Bureau of Export Administra- Trade Sanctions Reform and Export Beginning on page 324, line 21, strike all tion must describe the aggregate num- Enhancement Act of 2000 (TSRA). through page 325, line 5, and insert the fol- ber of licenses approved during the pre- TSRA established restrictions on sanc- lowing: ceding calendar year for the export of tions dealing with agricultural com- (j) CIVIL AIRCRAFT EQUIPMENT.—Notwith- any such items by country and control standing any other provision of law, any modities, medicine, and medical de- product that is standard equipment, certified list number. This provision was in- vices. The managers’ amendment adds by the Federal Aviation Administration, in cluded in the Managers Amendment at a new Section 603 that is intended to civil aircraft, and is an integral part of such the request of Senators LEAHY and hold TSRA harmless by (1) ensuring aircraft, shall be subject to export control BIDEN. that no authority in this Act may be only under this Act. Any such product shall Section 401: The next provision exercised contrary to TSRA; (2) clari- not be subject to controls under section makes a technical correction to Sec- fying the limitations on national secu- 38(b)(2) of the Arms Export Control Act (22 tion 401 (export license procedures). rity controls; and (3) clarifying the ap- U.S.C. 2778(b)). Section 401 requires Commerce to take On page 325, between lines 5 and 6, insert plication of TSRA procedures to for- the following: four actions—hold incomplete applica- eign policy controls. Senators ROBERTS (k) CIVIL AIRCRAFT SAFETY.—Notwith- tions, refer applications to other agen- and DAYTON were instrumental in standing any other provision of law, the Sec- cies, confirm commodity classification, crafting this language, and worked retary may authorize, on a case-by-case and return application—at the begin- with bill managers to perfect the text. basis, exports and reexports of civil aircraft ning of the license review process. As Section 702: This provision corrects a equipment and technology that are nec- drafted, however, some of these actions essary for compliance with flight safety re- technical reference in Section 702 are mutually incompatible (for exam- (technical and conforming amend- quirements for commercial passenger air- ple, Commerce cannot hold an incom- craft. Flight safety requirements are defined ments). As drafted, the reference would as airworthiness directives issued by the plete application while simultaneously have affected the Forest Resources Federal Aviation Administration (FAA) or referring the application to another Conservation and Shortage Relief Act equipment manufacturers’ maintenance in- agency). The managers’ amendment re- of 1990. The managers’ amendment re- structions or bulletins approved or accepted vises the language to correct this inad- moves the reference and thus any inad- by the FAA for the continued airworthiness vertent incompatibility. vertent impact on the Forest Re- of the manufacturers’ products. Section 506: This provision amends sources Act. On page 325, line 6, strike ‘‘(k)’’ and insert the term ‘‘interested parties’’ in Sec- Section 702: The next provision cor- ‘‘(l)’’. tion 506 (enforcement) to ensure its rects a drafting error in Section 702 Mr. SARBANES. Madam President, consistency with terms used in the rest (technical and conforming amend- the managers’ amendment consists of of the bill. Sections 205, 302, and 307 all ments). Section 702(j) preserves author- provisions intended to clarify, correct, refer to ‘‘interested person(s)’’. The ity contained in existing law (Section and improve the bill. managers’ amendment corrects the ref- 17(c) of the Export Administration Act Section 211: This provision amends erences in Section 506 by replacing ‘‘in- of 1979) to ensure that standard civil the term ‘‘interested party’’ in Section terested parties’’ with ‘‘interested per- aircraft products remain subject to the 211 (foreign availability and mass mar- son’’. ket status) to ensure its consistency Section 506: The next provision EAA. As drafted, Section 702(j) inad- with terms used in the rest of the bill. makes technical amendments to Sec- vertently departed from current law by Sections 205, 302, and 307 all refer to tion 506. Sections 506(h), (i), (l), and (o) breaking the original paragraph into ‘‘interested person(s)’’. The managers’ all contain funding authorizations for subparagraphs. Because this structure amendment corrects the references in personnel or activities of the Bureau of could cause confusion in interpreta- Section 211 by replacing ‘‘interested Export Administration. The managers’ tion, the managers’ amendment re- party’’ with ‘‘interested person’’. amendment clarifies that the funding turns the text to its original structure. Sections 214 and 701: This provision is to remain available until expended. Section 702: This provision addresses clarifies the duties of the Office of Section 602: This provision clarifies a a humanitarian issue. U.S. aircraft Technology Evaluation. Section 214 of provision in Section 602 (confiden- manufacturers cannot export critical the bill establishes an Office of Tech- tiality of information). Section 602 out- aircraft safety parts to countries sub- nology Evaluation to analyze informa- lines the treatment of confidential in- ject to U.S. embargo. Without those tion and provide assessments for use in formation obtained after 1980. The parts, the planes may crash, with ter- export control policy. The managers’ managers’ amendment clarifies that rible humanitarian implications. A amendment clarifies that when assess- the provision applies to not only to in- presidential waiver to export such ing the effect of foreign competition on formation obtained through license ap- parts is available, but is rarely invoked critical US industrial sectors, the Of- plications, but to information obtained and takes years. The managers’ amend- fice is to consider imports of manufac- through enforcement activity or other ment provides that exports of civil air- tured goods. It also modifies Section EAA operations. craft equipment to comply with flight 701 (annual report) to ensure that the Section 602: This provision further safety requirements for commercial Commerce Department’s annual report clarifies Section 602 (confidentiality of passenger aircraft may be authorized to Congress includes a description of information). Section 602 provides that on a case-by-case basis. Senators DODD, such assessments. The managers information obtained through licenses, BOND, MURRAY, and ROBERTS expressed worked closely with Senator HOLLINGS classification requests, investigations, particular interest in addressing this to include this provision. treaty, or the foreign availability/ problem. Section 311: The next provision modi- mass-market process shall be kept con- Mr. ENZI. Madam President, the fies Section 311 (crime control instru- fidential unless its release is in the na- managers’ amendment to S. 149 adds a ments). Section 311 preserves authority tional interest. It goes on to provide new provision to address a pressing hu- contained in existing law (Section 6(n) penalties against those who violate manitarian issue: flight safety.

VerDate 31-AUG-2001 02:04 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.004 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9137 U.S. aircraft manufacturers have sold Mr. SARBANES. I move to recon- have gotten the idea that somehow this commercial passenger aircraft inter- sider the vote. bill lessens our commitment to na- nationally since the 1950s. Moreover, Mr. GRAMM. I move to lay that mo- tional security. We have an apparent some European-made commercial air- tion on the table. conflict in America between our desire craft are made with U.S. components. The motion to lay on the table was to produce and sell items that embody As a result, U.S. aircraft are used wide- agreed to. high technology, and we want to ly around the world. Mr. SARBANES. Madam President, produce and sell them because the The safe operation of these aircraft we are prepared to go to third reading country that develops new technology depends on the replacement of worn of the bill, and then there are going to creates new jobs and creates the best parts, repair of unsafe components, and be some comments. If we can go to jobs. receipt of technical bulletins and air- third reading of the bill. So, while we want to be the world worthiness directives. These parts, Mr. THOMPSON. Madam President, I leader in that technology, we have a services, and information are highly suggest the absence of a quorum. conflicting goal in wanting to prevent The PRESIDING OFFICER. The specialized, and often are available would-be adversaries and dangerous clerk will call the roll. people from getting technology that only from the original manufacturer. The assistant legislative clerk pro- Over the years, several nations that can be used to harm us or to harm our ceeded to call the roll. interests. That is what this bill is operate U.S.-made aircraft, or Euro- Mr. GRAMM. Madam President, I ask about. pean-made aircraft that incorporate unanimous consent that the order for U.S. parts, have become subject to U.S. Today, 99.4 percent of the applica- the quorum call be rescinded. tions for a license are granted. When a embargo. As a result, U.S.-made air- The PRESIDING OFFICER. Without process is saying ‘‘yes’’ 99.4 percent of craft items cannot be exported to those objection, it is so ordered. countries. This poses a significant Mr. GRAMM. Madam President, I the time, it is a nonsense process. We have about 10 times as many threat to the safe operation of those simply want to make a closing state- items on this controlled list as we airplanes. Without replacement parts, ment on this important bill. I begin by should have. We need to build a higher repair, and technical information, the thanking the chairman of the com- fence around a smaller number of planes literally may fall out of the sky, mittee, Senator SARBANES, for his lead- items, and when people knowingly vio- with terrible humanitarian implica- ership, and Senator JOHNSON for the late the law and transfer this tech- tions for passengers and those on the work, they have done on the bill. I es- nology we ought to come down on them ground. We all remember with horror pecially want to thank Senator ENZI the terrible 1992 crash, resulting from a like a ton of bricks. for his indispensable leadership on this Under this bill, the penalties can run failed part, of an El–Al plane into an bill; it is no understatement to say into the tens of millions of dollars and Amsterdam apartment complex. All 4 that we would not be here today were people can end up going to prison for crew and an estimated 70 Amsterdam it not for Senator ENZI’s leadership on life. Those are pretty stiff sentences. residents were killed. The risks are this bill for the past two years. We have put together an excellent real for U.S. citizens traveling to em- I have had the privilege of serving in bill. It represents a compromise be- the Senate now going into my 18th bargoed countries, or making up part tween two competing national goals. It year, and I have never seen a Senator of United Nations delegations. Citizens is legislation at its best. Many times do the things Senator ENZI has done on of U.S. allies are at risk. And not least we claim bipartisanship on bills when this bill—in terms of being willing to of all, innocent citizens of embargoed they really are not totally bipartisan. meet the various agencies involved in countries are particularly vulnerable. This bill is about as bipartisan as any- export administration, sitting for end- Under current law, the administra- thing we have ever done on the Bank- less hours and watching how the proc- tion has some flexibility to allow flight ing Committee since I have been in the ess works, and doing something we sel- safety exports to nations such as Senate, and I think it represents good dom do in this line of work: learn how Sudan and Syria. However, exports to law. Iran or Iraq require a presidential the process works practically. We are It is supported by the President. We waiver—a process that takes years and often not willing to spend the time or have some 80 Members of the Senate is rarely invoked. The difficulty of ob- get our hands dirty. The quality of the who have voted basically to maintain taining such a waiver has meant that bill before us is due in very large part the position. I am very proud of it, and U.S. manufacturers cannot provide to Senator ENZI, and I want to publicly I commend it to my colleagues. This is critical flight safety parts or informa- and personally thank him for his lead- a good bill we can be proud of. tion to those nations. ership. It sets a new standard for what I am ready to vote, and I yield the The managers’ amendment addresses a Senator ought to be in terms of hard floor. this humanitarian issue while retain- work behind the scenes, getting the The PRESIDING OFFICER (Mr. ing the integrity of the embargo. It facts, understanding the mechanism. CORZINE). The Senator from Nevada. provides that aircraft equipment ex- We like to deal with theory and leave Mr. REID. Mr. President, we are now ports to comply with safety require- the practical matters up to somebody in agreement on the unanimous con- ments for commercial passenger air- else. That is not the way Senator ENZI sent request I will now propound. craft may be authorized on a case-by- does business. I ask unanimous consent that a vote case basis. It is tightly circumscribed: I thank our two colleagues, Senator on final passage of S. 149 occur at 4:00 it applies only to parts for civil air- THOMPSON and Senator KYL. Maybe p.m. today, with rule 12, paragraph 4 craft used for commercial passengers, people listening to this debate wonder being waived; that no substitute and it requires a case-by-case analysis. why I would thank them, given that we amendments be in order; that the com- Senators DODD, BOND, MURRAY, and have some fundamental disagreements, mittee substitute amendment be ROBERTS are keenly interested in this but good law is made by basically try- agreed to; the motion to reconsider be provision and should be commended for ing to accommodate people who do not laid upon the table, and that the time addressing this critical humanitarian agree with you while maintaining your until 4:00 be divided between the major- problem. principles. I think, quite frankly, they ity and minority for morning business, Mr. SARBANES. Madam President, have improved the bill. with the exception of 8 minutes prior this managers’ amendment has been Counting the two changes that Sen- to the 4:00 p.m. vote, which would carefully worked over. I do not think ator SARBANES, Senator ENZI and I allow Senators ENZI, GRAMM, SAR- there is any matter of controversy in agreed to this morning, we have made BANES, and THOMPSON each to have 2 it. I am prepared to go to adoption of 61 changes in this bill in trying to build minutes prior to the vote. the managers’ amendment. a consensus. I believe the product we The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there have produced is a quality product, it objection? further debate? If not, the question is will stand the test of time, and it will Mr. THOMPSON. Reserving the right on agreeing to amendment No. 1530. work. to object. The amendment (No. 1530) was agreed The points I want to make are: In lis- Mr. REID. If the Senator would with- to. tening to some of the critics, one may hold, our able staff indicated I misread

VerDate 31-AUG-2001 02:04 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.003 pfrm01 PsN: S06PT1 S9138 CONGRESSIONAL RECORD — SENATE September 6, 2001 this. It is right before my eyes, so if I The major provisions of the Export 1984, and in doing so has completely ig- could just repeat this. Administration Act of 2001 will: nored the extraordinary changes in The vote will occur at 4:00 p.m. Give the President the power to es- technology that have occurred in that today, with rule 12, paragraph 4 being tablish and conduct export control pol- timeframe. Current export control pol- waived; that no other amendments be icy, and direct the Secretary of Com- icy, formulated during the Cold War in order; that the committee substitute merce to establish and maintain the several decades ago, no longer fits ei- amendment be agreed to; the motion to Commerce Control List of items that ther the current global context or our reconsider be laid upon the table; the could jeopardize U.S. national security specific national security needs. It is time until 4:00 p.m. be divided between and to oversee the licensing process for time to bring U.S. law into conformity items on the Control list. the majority and minority for morning with international reality. business, with the final 8 minutes prior Authorize the President to impose to 4:00 p.m. being allotted to Senators national security controls to restrict Over the past year I have been in- ENZI, GRAMM, SARBANES, and THOMPSON items that would contribute to the volved in two high-level advisory pan- each allowed to speak 2 minutes prior military potential of countries in a els that have carefully examined the to the vote on the bill. manner detrimental to U.S. national existing U.S. export control regime. Mr. THOMPSON. Mr. President, re- security, directing the Secretary of The first was a study group focusing on serving the right to object, I do believe Commerce, with the concurrence of the Enhancing Multilateral Export Con- it would be appropriate to divide the national security agencies and depart- trols for U.S. National Security, and final few minutes equally between the ments, to identify items to be included was sponsored by the Henry L. Stimson proponents and the opponents. on a National Security Control List. Center and the Center for Strategic for Mr. REID. That would be very fine. This strengthens the hand of the na- International Studies. The second con- So what we say is 4 minutes for the op- tional security agencies in the export sisted of two study groups, one on position and 4 minutes for those pro- licensing process by giving them for Technology and Security in the 21st pounding passage of the legislation be the first time a formal procedure by Century and one Computer Exports and divided equally. which to be involved in this process. National Security, sponsored entirely Mr. THOMPSON. Further, I want to Provide specific control authority take a few minutes right now in morn- based on the end-use or end-user for by the Center for Strategic for Inter- ing business or as a part of this UC, ei- any item that could contribute to the national Studies. Each of these groups ther one. proliferation of weapons of mass de- concluded that existing export control Mr. REID. I say to my friend that struction. policy and procedures are outdated, un- will be certainly appropriate. We will Authorize the President to set aside sound, ineffective, unrealistic, and get this unanimous consent request ‘‘foreign availability’’ or ‘‘mass-mar- counterproductive. Taken as a whole, agreed to and the Senator can have ket’’ determinations in the interests of they impede coordination between the lots of time. Senator TORRICELLI wants national security, and establish an Of- U.S. government agencies responsible 15 minutes, but we will be glad to wait fice of Technology Evaluation to gath- for export control policy, they hinder until the Senator from Tennessee has er, coordinate and analyze information our efforts to cooperate with our most completed his statement. necessary to make to these determina- important allies, they ignore the new Mr. THOMPSON. That is satisfactory tions. threats and opportunities in the inter- to me. Establish procedures for the referral national system, they expend signifi- The PRESIDING OFFICER. Is there and processing of export license appli- cant human and financial resources in- objection to the request as modified? cations, and establish an interagency sulating easily available technologies, Without objection, it is so ordered. dispute resolution process to review all The PRESIDING OFFICER. The com- they limit the ability of our best com- export license applications that are the panies to innovate and compete and, in mittee substitute, as amended, is subject of disagreement. agreed to and the motion to reconsider Declare it U.S. policy to seek and the final analysis, they harm our mili- is laid upon the table. participate in existing multilateral ex- tary and commercial national security The committee amendment in the port control regimes that support U.S. interests. nature of a substitute, as amended, was national security interests, and to seek The studies I have mentioned offered agreed to. to negotiate and enter into additional a range of extremely important policy Mrs. FEINSTEIN. Mr. President, I multilateral agreements. Given the recommendations, but fundamental to rise today in support of the Export Ad- wide availability of some of these dual- them are three important overarching ministration Act of 2001 and urge its use items, multilateral agreements are conclusions, all of which are relevant passage. critical to assure that they do not fall Congress has not reauthorized the to the debate at hand. into the wrong hands. Export Administration Act on a perma- Establish new criminal and civil pen- The first conclusion is that nent basis since 1990, and for close to a alties for knowing and willful viola- globalization has resulted in what the decade the export of dual-use goods— tions of the export procedures. Defense Science Board has previously items with both civilian and possible By streamlining and bringing trans- called a ‘‘leveling’’ of access to tech- military applications—have been gov- parency to the licensing process this nology and the capacity of the United erned in an ad hoc way by the Presi- legislation, then, strikes a good bal- States to obtain and control tech- dent using Executive orders under the ance between assuring that the export nologies critical to its national inter- International Emergency Economic licensing process is good for trade, the est. This concept suggests that access Powers Act and without a comprehen- U.S. economy, and jobs, and national to commercial technology is now uni- sive regime in place to monitor ex- security concerns. versal, and its use for both commercial ports. This legislation is supported by the and military ends is largely uncon- Such an approach creates obvious President and has been endorsed by the strained. Enabling technologies nec- problems in trying to assure that the Secretary of Defense, by the Secretary essary for modern warfare, examples proper balance is struck between the of State, and by the President’s Na- being semiconductors, computer hard- need of U.S. businesses to be competi- tional Security Adviser. It also has the tive in the international economy and ware and software, simulation and sur- support, I believe, of the majority of veillance devices, advanced tele- the need to prevent sensitive tech- my colleagues. nologies that have military applica- Mr. President, I urge the Senate to communications, and so on, are avail- tions from falling into the wrong move forward with passage of the Ex- able to nearly any country that wishes hands. port Administration Act. to access them, ally and adversary The Export Administration Act will Mr. BINGAMAN. Mr. President, I rise alike. The result of these changes is an allow the U.S. government to effec- today in strong support of S. 149, the export control regime that is, to quote tively focus attention and exert con- Export Administration Act of 2001. the Defense Science Board, ‘‘for all trol over sensitive technologies that From my perspective, consideration of practical purposes ineffective at ma- have military implications, improve this legislation is long overdue. Con- nipulating global access to dual-use the export control process, and en- gress has extended the Export Adminis- technology and . . . only marginally hance national security. tration Act on a temporary basis since more successful in the conventional

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.024 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9139 weapons arena.’’ This is the context quently on the Senate floor is China, Mr. LEAHY. Mr. President, I want to within which we debate export control but certainly other countries could be express my support for S. 149, the Ex- reform today, and these are the inserted in its place. port Administration Act of 2001. I want changes that the proposed legislation Let me state here that I would not to commend Senators SARBANES, is trying to address. disagree that certain countries should GRAMM, JOHNSON, and ENZI for crafting The second overarching conclusion is be singled out as potential threats to a balanced, bipartisan bill that brings that is that we need to put higher the United States and technology lim- long-overdue clarity to the regulation fences around much smaller, but more ited to the extent that it is feasible to of dual-use exports. This bill removes critical, sets of technologies. Because do so. But the proposed legislation ac- several unnecessary restrictions on ex- access to advanced technology and complishes this objective. The argu- ports that only hinder international technical capabilities have spread so ments on the Senate floor that the pro- trade, puts in place a system to track widely and because research and devel- posed legislation somehow diminishes and license those technologies that opment is now global in nature, it is our capacity to control sensitive and have the potential to impact national time that we focus our efforts at export critical technologies is specious at security, and establishes realistic pen- control on limited technologies that best. On the contrary, many levels of alties and sanctions for violations of directly affect our national security. In restrictions remain in place to protect these regulations. particular, we should concentrate on U.S. national security interests. What I am pleased that the managers of protecting and developing the software the proposed legislation does do is pro- the bill have accepted the amendment and databases that sustain and vide the U.S. government with the that Senator BIDEN and I proposed that strengthen our military superiority. flexibility and focus to address con- will place controls on the export of The primary objective in the current cerns over advanced technology and items that are used to perpetrate acts export control regime is to prevent po- adapt to changes in the current inter- of torture. The ‘‘torture trade’’ is a tential adversaries from obtaining national environment. critical problem that has received too technological components that would It is time that we change our anach- little attention from policymakers, the allow them to develop weapons systems ronistic system of export control. This public, and the press. Too often, com- and manage warfare in a more effective legislation reflects several years of panies have exported items, apparently fashion. Unfortunately, this objective hard work on the part of my col- designed for security or crime control leagues, and I believe it represents a is still considered rational, this in spite purposes, that are actually used to tor- balanced and strategic approach to the of the radical changes that have oc- ture people by some of the most inhu- problems at hand. The legislation was curred in the international political mane methods imaginable. Amnesty voted out of the Banking Committee economic environment. Commercial International reports that, over the by a 19–1 vote. As the statements on computers that can be obtained online past decade, more than 80 U.S. compa- the floor will attest, the legislation has or through retail outlets can now per- nies have been involved in the manu- the bi-partisan support of most of the form the vast majority of battlefield facture, marketing, and export of these Members of the Senate. President Bush applications. As a result, a coherent types of items, like thumbscrews and supports it, as does all the relevant of- and compelling argument can be made electro-shock stun belts, which have ficials in his Administration. President been used to commit human rights that we need to concentrate on con- Clinton supported it, as did all the rel- trolling the technologies that will abuses around the world. evant officials in his Administration. It The Leahy-Biden amendment is a allow advanced components to be inte- is supported by a broad range of orga- modest step to improve the trans- grated into effective systems. This nizations, many of which are led by parency, oversight, and accountability should be one of our primary consider- key officials from previous Democratic associated with the trade in these ations as we reconsider export control, and Republican Administrations. items. It builds on existing regulations and this is one of the goals the pro- However, with that said, I find it dis- and requires a license, subject to the posed legislation is trying to achieve. appointing that the legislation has not approval of the Secretary of Commerce The final overarching conclusion is addressed the important issue of U.S. and the concurrence of the Secretary of that it is time that we begin creating a commercial satellites and space-re- State, before such items can be ex- new international framework that will lated component exports. The Defense ported. It also contains an annual re- allow more effective export control be- Authorization Act for FY 1999 moved porting requirement to disclose the ag- tween the United States and its allies. responsibility for export licensing of gregate number of licenses to export Changes in advanced technology and these items from the Department of these items that were granted during the global environment has undercut Commerce to the Department of State. the previous year. or weakened existing agreements, and By doing so, communications satellite This amendment is designed to make we must begin creating a foundation and space-related items were placed on sure that certain goods and tech- upon which new cooperative mecha- the U.S. Munitions List, effecting a nologies are not used to commit acts of nisms can be established. In the recent crippling blow to the U.S. aerospace in- torture and other human rights abuses. past, much of this required change has dustry. It makes timely deliveries to While our amendment moves us in the been blocked by the United States, the overseas customers and our allies near- right direction, I recognize that more primary reason being that its export ly impossible, and excludes commercial can and should be done. Representa- control system was based on measures, satellite sales from competitive rate fi- tives HYDE and LANTOS have included computer MTOPS being the most sa- nancing offered by the Export-Import an amendment in their version of the lient example, that are no longer rel- Bank. While our U.S. companies may bill which contains additional protec- evant in the current international en- find themselves hard-pressed to find in- tions that could be very helpful in cur- vironment and are not adhered to by stitutions to provide reasonable financ- tailing the torture trade. I strongly our allies. Regulatory reform in the ing for foreign customers, their com- urge the conferees to take a serious United States must occur before new petitors may not. Last year, the Aero- look at the Hyde-Lantos amendment international frameworks can be estab- space Industries Association claimed when determining the final outcome of lished, and this is one of the goals the satellite exports had fallen over 40 per- the Export Administration Act. proposed legislation is trying to ad- cent in the period from late 1999 to Finally, I believe that the Adminis- dress. early 2000, and the forecast was for the tration should work with other nations There are those among my colleagues trend to get continually worse. I cer- to develop strict standards of export who would argue that even if the inter- tainly hope this issue is addressed in controls for these items. I understand national system has changed to this the upcoming conference. that the European Union is in the proc- extent, even if globalization has We have examined the issue of export ess of doing this, and our government changed the international equation, control many times over. It is time to should encourage and support that ef- the United States has a moral obliga- recognize the importance of export fort. tion to limit access to certain key control reform to the national interest Mr. FEINGOLD. Mr. President, I will technologies for a specific group of of the United States and pass this leg- oppose the pending legislation to reau- countries. The example used most fre- islation. thorize the Export Administration Act.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.060 pfrm01 PsN: S06PT1 S9140 CONGRESSIONAL RECORD — SENATE September 6, 2001 I agree with the bill’s proponents and Other countries look to the United When wealthy interests are allowed with the Administration that we States for guidance on such issues as to give an unlimited amount of money should have a statutory export control export controls and non-proliferation to a political party, it makes the process. I am concerned, however, that efforts. If we relax controls on dual-use American people question us and the the process provided for in this legisla- items because other countries are sell- work we do. And I can think of few tion is far too relaxed and could be ing them, we are following, not lead- issues where the public might be more harmful to our national security—the ing. Just last week, the United States disturbed by the potential influence of very security that the EAA is supposed imposed sanctions on a Chinese com- soft money than an issue like this one, to protect. pany that transferred missile tech- where national and international secu- I commend the Senator from Ten- nology to Pakistan. The administra- rity are at stake. Whether or not soft nessee, Mr. THOMPSON, and the Senator tion reportedly has told the Chinese money clouds our own judgment, it from Arizona, Mr. KYL, for their lead- Government that one of the conditions clouds the public’s judgement of each ership on this important issue. to having these sanctions lifted is for and every one of us. It is troubling that the debate on this the Chinese to develop a system of ex- I want to reiterate my opposition to important piece of national security port controls to regulate the transfer this legislation. We can and should do legislation has revolved around what is of sensitive technology. It is curious more to protect the national security good for American business rather than that the Senate is debating relaxing interests of the United States. on what is necessary to protect the na- U.S. control of dual-use technology—a I will vote against this bill, and I tional security interests of this coun- move the administration supports—at urge my colleagues to do the same. try. the same time the administration is Mr. BIDEN. Mr. President, it has As a number of our colleagues have calling on the Chinese Government to been 16 years since the United States said during this debate, the purpose of implement export controls. Congress last enacted re-authorizing the EAA is not to promote U.S. ex- I think we have to examine closely legislation governing our controls on ports. The purpose of the EAA is to all sides of this issue, and again I want the export of dual-use technology, protect the national security of the to thank Senator KYL and Senator those items suited for both civilian and United States, which may mean bar- THOMPSON for the outstanding work military uses. For much of the past 7 ring certain types of sensitive tech- they have done to bring concerns about years, the President has been forced to nology from being exported. I fear that this legislation to the fore. exercise emergency powers to maintain this bill tips the scale dangerously in The fact is that there is a great deal dual-use export controls following the favor of expanded commerce at the ex- of pressure from the super computer in- expiration of the 1979 Export Adminis- pense of our national security. dustry to pass this legislation. I don’t I disagree with the argument put tration Act. This temporary exercise of say that to impugn the motives of any authority has limited the penalties the forth by some during this debate that Member who supports this bill, because the foreign availability and mass mar- Federal Government can enforce on ex- we are having an honest debate here port control violators and has opened ket provisions included in this bill are about different points of view. But I do key to ensuring that American compa- up existing export controls to a series think it’s important for the American of legal challenges. nies can compete in the foreign mar- people to understand who some of the ket. Just because other countries It is high time, therefore, that the strong supporters of this legislation Senate act on S. 149, a bill to re-au- choose to make a dual-use product are, so I would like to take a moment available to international buyers does thorize the Export Administration Act. to Call the Bankroll on this issue. I look forward to the passage of this not mean the United States should as The computer industry has a huge bill and the creation of a modern sys- well. We should do everything we can stake in the passage of EAA. They tem of export controls. to stem the flow of potentially dan- want a relaxation of the export con- gerous dual-use technology around the We owe this to U.S. companies, which trols on supercomputers, and they are deserve a rational and predictable world. We should not use the question- lobbying hard for their cause. And, as framework of export controls. We owe able export decisions of other countries is usually the case, lobbying means do- this to our friends and allies, who look to justify selling products that could nating big money, and that means do- to the U.S. export control system as a be used to harm our country. nating soft money to the party com- model in devising their own systems. There is nothing wrong with having a mittees. In this case, the computer in- And, most importantly, we owe this to deliberative process for considering ap- dustry gave $20.5 million in soft money our national security, we cannot rely plications to export dual-use tech- during the 2000 election cycle. The in- forever on an ad hoc system that metes nologies. I disagree with the conten- dustry ranked seventh in overall dona- out insufficient penalties and is based tion that so many in the affected in- tions in the last cycle, a meteoric rise on shaky legal ground. dustries have advanced—that the li- for an industry that ranked 55th in do- Export controls exist, first and fore- censing process puts them at a dis- nations a decade earlier. This is clearly most, for reasons of national security. advantage because they have to wait an industry that has learned how to The United States must not export for the licensing process to be com- play the soft money game, and play it items when the item or the end-user pleted before they can export the tech- well. nology. This is not a race. And the ob- I’ll just name three soft money do- may contribute to the proliferation of ject of the EAA is not to unduly delay nors in the industry who are pushing weapons of mass destruction, strength- the approval of export licenses. We for passage of EAA: en the military capabilities of those should consider carefully each license Unisys Corporation and its execu- who would oppose us, or otherwise en- application. I fear that this bill, and in tives gave more than $142,000 in soft danger U.S. national security. A com- particular its provisions regarding money in the 2000 election cycle; prehensive export control system is mass market and foreign availability Sun Microsystems gave more than just as important to preserving Amer- determinations and the export of high $24,000 in soft money during the last ica’s freedom and security as a strong performance computers, will have the cycle; and military. practical effect of rendering our export United Technologies and its subsidi- But export controls also exist to fa- control process meaningless. aries gave a whopping $338,300 in soft cilitate the free trade of goods and Supporters of this bill argue that money in the 2000 election cycle. services, an essential building block of American businesses need the relaxed As I said, this is in no way a com- our international economy. The future controls included in this bill in order prehensive list, since the industry gave growth of our economy and a leading to compete in the international mar- more than $20 million in soft money global role for U.S. industry require a ketplace. That is not the case. The vast during the last cycle. But I point out vital export market. majority of export license applications these donations now because they are I think all of us can agree that na- submitted to the Department of Com- relevant to this debate—and relevant tional security considerations must al- merce are approved. The purpose is to to the way many Americans view this ways come first in devising export con- ensure that sensitive technology does debate, and so many others like it here trols. We can all agree that such con- not fall into the wrong hands. on the Senate floor. trols should not be so arbitrary as to

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.032 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9141 stifle legitimate trade. We may differ, empt items from export controls. These Armed Services Committee, Senator however, on where we draw the line in changes to S. 149 approved today offer SHELBY of the Intelligence Committee, balancing these two opposing consider- real improvements to this bill. Senator THOMPSON of the Govern- ations. I plan to vote for S. 149. On the mental Affairs Committee, Senator Export controls can also serve an- whole, this bill takes the right steps to HELMS of the Foreign Relations Com- other purpose. They can help reaffirm bring our export controls for dual-use mittee, and Senator MCCAIN of the America’s global leadership on human technologies into the 21st century. Is it Commerce Committee. In addition, rights. Let me take this opportunity to a perfect bill? No. The House Inter- Senator KYL has been a leading partici- commend Senators SARBANES and ENZI national Relations Committee, in pant in our discussions with the Bank- for accepting an amendment proposed marking up this bill last month, ap- ing Committee, the committee of pri- by Senator LEAHY and me in this re- proved dozens of amendments, on a bi- mary jurisdiction. gard. The managers’ amendment to S. partisan basis. I would hope, therefore, The higher penalties and increased 149 will tighten the controls on the ex- to see further improvement of this bill enforcement authority, the authority port of items expressly designed for in conference. to require enhanced controls on items torture or especially susceptible to use But now is not the time for delay on that need to be controlled for national in torture. S. 149. The Senate has a duty to pass security reasons, the requirement for We are talking about items such as this legislation and to restore stability the Department of Commerce to notify stun guns and shock batons, leg cuffs and predictability to our export con- the Department of Defense of all com- and restraint chairs. Yes, some of these trol system for sensitive dual-use tech- modity classifications are examples of items can have legitimate law enforce- nologies. progress made on the national security ment uses and are in fact employed in Mr. WARNER. Mr. President, I rise front. a manner that does not abuse human today to address an issue that is crit- I have great respect for the tireless rights. That is why this amendment ical to the national security of our Na- efforts and dedication of my distin- would continue to allow their export, tion: the adequate control of the export guished Banking committee col- but make them subject to the licensing of sensitive technologies. I have been leagues, Senator GRAMM and Senator process and require the specific concur- active in this debate for the past 2 ENZI, in creating the EAA of 2001. I rence of the State Department as well years, together with Senators HELMS, thank them for meeting with me and as the approval of the Commerce De- SHELBY, MCCAIN, THOMPSON, and KYL. others several times throughout the partment. We have worked with our colleagues on past two years to listen to our concerns The items covered by this amend- the Banking Committee, particularly with balancing national security mat- ment are devices that governments Senators GRAMM, SARBANES, and ENZI, ters with economic interests. I hope around the world too often use in sup- to craft a bill that protects our Na- these concerns will remain a priority pressing political dissidents and ethnic tion’s security, while at the same time for all of us. opposition. This amendment requires allowing for appropriate commercial In this year’s version of the EAA, the the U.S. government to license each activity. Banking Committee has included addi- and every export of such items. It will In April, I reluctantly objected to the tional national security protections at help ensure that the United States does motion to proceed to S.149, the Export the urging of the administration. As not indirectly contribute to the torture Administration Act. At that time, I the debate on these issues has shown, of individuals by engaging in the unli- thought it was premature for the Sen- there were concerns about the last ad- censed trade of items used for torture. ate to consider this bill until we had ministration’s record in protecting It is my hope that the Commerce and received detailed information from the some of our vital technology. A new State Departments, working together, Administration on this issue. I believe administration is able to look at old will see to it that licensed exports of the Senate is now in a position to act problems with a fresh approach. It is in these items are permitted only to those on this important legislation. that context that the administration countries whose governments carry un- I have tried for the past 2 years to reviewed this bill at the request of my- blemished human rights records. work in a conscientious way with all self, Senators MCCAIN, SHELBY, THOMP- I once again thank Senators SAR- parties to resolve the differences over SON, HELMS and KYL. The National Se- BANES and ENZI for accepting this this legislation. These differences have curity Advisor and three cabinet Secre- amendment, and especially Senator cut to the very essence of how the taries were intimately involved in this LEAHY, who is once again a champion United States plans to protect its na- review. As a result, the administration of human rights and with whom I am tional security in an era of rapid proposed a series of legislative changes always delighted to work. globalization and proliferation of tech- that the Banking Committee has in- During this debate, a group of Sen- nology. cluded in the bill that is before us. ators, led by my good friends Senator My goal in this debate has been to Once these changes were made and THOMPSON and Senator KYL, has led an strike the proper balance between na- the administration was actively en- intense effort against S. 149. They tional security and commercial inter- gaged on the issue, the question then argue that this bill fundamentally fa- ests. As we all know, the high tech in- became a technical matter of how the vors commercial equities over our na- dustry in the United States is cur- administration would implement the tional security interests. They are rently second to none. We must ensure statute. When the Senators expressing skeptical that the Commerce Depart- our domestic industry remains com- concerns regarding this bill were ment, which is responsible for culti- petitive without limiting access to new briefed on the results of the adminis- vating U.S. business interests around markets. Considering the rate at which tration’s review, we were informed that the world, can play an impartial role in technology becomes obsolete, being the an interagency agreement had been weighing national security consider- first to deliver a product to a market is achieved on how the administration ations. crucial. And while we cannot com- would enhance national security con- Truth be told, I have shared some of pletely abandon national security con- trols during the course of imple- their concerns. That’s why I am cerns in favor of industry, we must not menting the EAA. Under the adminis- pleased that the floor managers have unnecessarily hinder the ability of our tration’s proposal, we were informed reached a compromise with Senators high tech companies to compete on the that some national security protection THOMPSON and KYL. This compromise world stage. That is what I believe we that we had sought in the past would includes amendments to S. 149 to: 1. en- have accomplished with this bill. be included in the executive order that hance the discretionary authority of This is a complicated issue that cuts implements S. 149. Thus began a dia- the Commerce Department to deny ex- across the jurisdiction of six Senate logue with the administration to come port licenses to another country when Committees. Five Committee Chair- up with a better understanding of how it is blocking legitimate post-shipment men with responsibility for national this bill would be implemented. verifications of sensitive exports and 2. security matters in the U.S. Senate My past concerns with earlier tighten the definition of foreign avail- have continuously worked to improve versions of EAA were based on con- ability determinations which can ex- this bill—myself as chairman of the cerns expressed by the Department of

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.062 pfrm01 PsN: S06PT1 S9142 CONGRESSIONAL RECORD — SENATE September 6, 2001 Defense. Last year, DOD provided the Act of 2001 (S. 149), I would like to address izes all reviewing departments, for the first Senate Armed Services Committee several issues related to S. 149 that I under- time in statute, to escalate a proposed li- with specific legislative changes that stand were raised by your staff in a recent censing decision to the President. discussion with Administration officials. —requiring the Department of Commerce, were necessary in their judgement to for the first time in statute, to notify the fix last year’s EAA bill. This included As you know, the Administration carefully reviewed S. 149. As a result of that review, Department of Defense of all commodity addressing issues related to a national the Administration recommended a number classification requests. security carve-out or enhanced con- of amendments to the Senate Committee on —requiring the Department of Commerce, trols, commodity classifications, the Banking, Housing and Urban Affairs which for the first time in statute, to fully consider enhanced proliferation control initia- were incorporated into the bill. Accordingly, any intelligence information relevant to a tive, and deemed exports. the Administration strongly supports S. 149. proposed export when considering a license The Bush administration shares the We believe that the bill provides the proper application. concerns of the previous administra- framework for regulating the export of sen- —enabling the President to continue the longstanding procedure whereby the Office of tion but has chosen to pursue some sitive items consistent with our national se- curity, foreign policy, and economic inter- Management and Budget ensures the concur- needed changes administratively. In rence of the Departments of State and De- this regard, I ask unanimous consent ests. For your convenience, I have enclosed an analysis that addresses in detail the fense, and other agencies as appropriate, on that a copy of a letter I received from issues raised by your staff. regulations issued by Commerce pursuant to Secretary of Commerce Evans be made I also understand that your staff asked the act. This procedure allows the Depart- a part of the legislative record. This about the Department’s response to a recent ments of State and Defense to concur on reg- letter provides some insight into the report by the General Accounting Office ulations affecting their interests without re- administration’s interpretation of the (GAO) regarding controls on exports to Can- quiring concurrence on regulations those de- bill language and commits the admin- ada of items that could contribute to missile partments may not wish to review. proliferation. The Department will shortly —continuing the President’s authority to istration to implementing, for exam- require a license for transfers of controlled ple, a ‘‘disciplined and transparent issue a proposed rule amending the licensing requirements applicable to exports to Can- items to foreign nationals within the United process for escalating and deciding dis- States and requiring State and Defense’s putes’’ on commodity classifications. ada. This new rule will address the issue raised by the GAO. concurrence on such licenses. I am satisfied with the response that Regarding restrictions on the President’s I appreciate your continued interest in the delegation of authority, such restrictions are the administration has given me that Export Administration Act of 2001. I look limited and apply only to those areas not ap- they can work within the confines of forward to working on the passage of this propriately delegated to any one agency. Re- this statute to protect national secu- bill to ensure that the protection of national stricting decisionmaking authority to the rity. I trust that this administration security is given the highest priority in the President, in these very limited cir- will be able to do so. The Congress will, dual-use export control system process. cumstances, ensures that all interests—in- If you have any further questions, please however, need to provide diligent over- cluding national security—will be fully con- call me or Brenda Becker, Assistant Sec- sight to ensure that this administra- sidered. tion will conform to the high national retary for Legislative and Intergovern- As officials from the Departments of State security standards that they have set mental Affairs, at (202) 482–3663. and Defense testified at the House Inter- for themselves. When the EAA comes Warm regards, national Relations Committee on July 11, DONALD L. EVANS. the provisions of S. 149 protect the Presi- up for renewal in three years time, we Enclosure. may have to be more stringent in put- dent’s authority to safeguard U.S. national security. ting explicit national security protec- ADMINISTRATION VIEW ON NATIONAL SECURITY PROPOSED EXECUTIVE ORDER tions in statute rather than leaving it ASPECTS OF S. 149 to the discretion of the administration. Interagency review of export license appli- The Administration supports S. 149 be- cations is conducted under Executive Order I want to thank my colleagues on the cause it sustains the President’s broad au- Intelligence, Foreign Relations, Com- 12981, as amended. Under this executive thority to protect national security. S. 149 order, the Departments of Defense, State and merce and Governmental Affairs Com- actually provides greater authority for the Energy have the right to review all license mittees. These Members have worked President to control dual-use exports than applications submitted to the Department of over the last two years to improve this current law, the Export Administration Act Commerce. The only applications that these bill and ensure that our national secu- of 1979 (EAA). S. 149 significantly raises the departments do not review are those they rity interests are protected. I know the penalties for export control violations and choose not to, such as applications to export job isn’t finished yet. It has just begun contains other provisions that enhance the crude oil. U.S. government’s ability to enforce the law and I will stand with my colleagues to S. 149 partially codifies Executive Order effectively. Higher penalties and increased 12981 and provides the Administration the ensure that our export control process enforcement authority will deter those who is designed and operated to ensure that flexibility to structure an appeals process might otherwise endanger U.S. national se- that will preserve the existing authorities of weapons of mass destruction do not get curity through illicit exports. both the Departments of Defense and State. into the wrong hands. FOREIGN AVAILABILITY/MASS MARKET AND For example, the current executive order es- It is time for the Congress to act on PARTS AND COMPONENTS tablishes an assistant secretary-level inter- this bill. There is a need to reauthorize The bill does give exporters the right to agency working group to hear appeals of de- the EAA. The national security protec- ask the government to determine whether cisions made at lower levels. This group al- tions such as the national security items are foreign or mass market available. ready is an integral part of the licensing carve out, increased penalties for ex- However, the bill also gives the President process and the Administration plans to port control violations, and greater several ways to continue controls on such keep it so. Any new executive order promul- visibility for the DOD over commodity items, if necessary, for national security rea- gated after the passage of a new EAA would classifications are positive steps. We sons. In addition, S. 149 provides more au- not alter Defense’s current ability to review thority than the existing law to require en- and object to license applications. need to lock in these improvements S. 149 also requires Commerce, for the first and work to ensure that nonprolifera- hanced controls on such parts and compo- nents as needed to protect national security. time in statute, to notify Defense of all com- tion concerns are protected and modity classification requests Commerce re- strengthened and that vital technology ROLE OF DEPARTMENT OF DEFENSE AND OTHER ceives. The Administration has committed is protected. And we need to allow our DEPARTMENTS to implement by executive order a process by domestic industry to compete in the The bill provides a significant role for the which all these commodity classification re- world market without unnecessary and Department of Defense in the licensing proc- quests will be reviewed by Defense, with a ess, including: disciplined and transparent process for esca- outmoded restrictions. —giving the Secretary of Defense concur- There being no objection, the mate- lating and deciding disputes. The Adminis- rence authority in identifying items to be tration will brief Congress about all of the rial was ordered to be printed in the controlled for national security reasons. processes provided for in S. 149 as they are RECORD, as follows: This is a greater role than Defense has under implemented. SECRETARY OF COMMERCE, existing law because the scope of the na- Mr. SHELBY. Mr. President, I rise tional security control list under the bill is Washington, DC, July 31, 2001. today in order to reiterate my concerns Hon. JOHN WARNER, significantly greater than under current law. U.S. Senate, —requiring the Secretary of Commerce to over the Export Administration Act of Washington, DC. refer all license applications to the Secre- 2001. DEAR SENATOR WARNER: In light of our mu- taries of Defense and State for their review There is little doubt that this bill tual interest in the Export Administration and recommendations. The bill also author- will pass. The writing is on the wall.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.065 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9143 However, with all due respect to the in secrecy, difficult to quantify, dif- to attempt to acquire needed materials administration and to my colleagues fuse, and long-term in nature. In this for weapons of mass destruction in on the Banking Committee, I have and equation, national security can easily Western Europe. They had some suc- will continue to oppose S. 149. get the short end of the stick. cess in the first half of 2000, but the Neither I nor Senators THOMPSON, Not everything is shrouded in se- CIA report states that, ‘‘Increasingly KYL, HELMS or MCCAIN desire to im- crecy. In accordance with Section 721 rigorous and effective export controls pede American business entities in of the 1997 Intelligence Authorization and cooperation among supplier coun- their pursuit of new markets. I for one Act, twice a year the Director of Cen- tries have led the other foreign WMD tend to agree with President Calvin tral Intelligence submits a report on programs to look elsewhere for many Coolidge, who said that, ‘‘The chief trends in the proliferation of weapons controlled dual-use goods.’’ The point business of the American people is technologies. Part of the report is un- is, that while we cannot stop all pro- business.’’ Every Senator here today is classified. The report identifies key liferation, a rigorous export control re- an advocate for enhanced trade and for suppliers of dual use missile, nuclear, gime can be effective in diffusing the helping U.S. industry to export its and conventional arms technologies, as spread of potentially threatening dual- goods and services. Exports bring pros- well as dual-use biotechnology and use technology. perity to this Nation’s companies and chemical technology. Nations such as Mr. President, the problem is real. I work to its citizens. If my advocacy for China and Russia are identified as key believe it is a significant statement the U.S. technology industry were the suppliers. They export their technology when the Chairmen and now Ranking sole basis upon which my decision on to the likes of Iraq, Iran, Libya, Syria, Members of the Senate Armed Services this legislation was to be based, I could Sudan, Pakistan and India. The report Committee, the Foreign Relations easily change my past position and received last winter detailed a con- Committee, the Intelligence Com- support passage of the Export Adminis- tinuing and significant problem. mittee, the Committee on Govern- tration Act, or EAA as it is known. Regarding Iran, the report states, mental Affairs and the Subcommittee However, the other basis upon which and I quote: on Technology, Terrorism and Govern- the EAA should be measured is its ef- Tehran expanded its efforts to seek consid- ment Information, have serious issues fect upon the national security of the erable dual use biotechnical materials, with the protections this legislation United States. equipment, and expertise from abroad—pri- provides our national security. I am Earlier this summer, I was inspired marily from entities in Russia and Western deeply disappointed that the new ad- when I listened as one of my col- Europe—ostensibly for civilian uses. We ministration was not able to support leagues, who had not previously sup- judge that this equipment and know-how reasonable amendments which would ported my position on the EAA, pub- could be applied to Iran’s biological warfare program. Outside assistance is both impor- address the national security equities licly and emphatically stated, and I tant and difficult to prevent, given the dual- which we have highlighted. I am con- paraphrase, that when it comes to the use nature of the materials, the equipment cerned that the interests of the high difficult question of promoting trade or being sought, and the many legitimate end tech business community have re- preserving national security, we must uses for these items. placed reasonable consideration of our err on the side of national security. Regarding Iraq, the report indicates dual use export control regime. That balance is the crux of this that Saddam Hussein is utilizing all Technologies which are exported week’s debate. We should not support a means to acquire dual-use technology. today can and will have to be dealt measure that could, as written, result The report states: with by this Nation’s national security in harm to Americans by technology Iraq has attempted to purchase numerous apparatus. Consequently, I urge my developed and sold by Americans. dual-use items for, or under the guise of, le- colleagues to support the amendments The pending bill addresses the con- gitimate civilian use. This equipment, in of Senators THOMPSON, KYL, HELMS, trol of ‘‘dual use’’ technology, that is, principle subject to UN scrutiny, also could and others, which will strengthen S. 149 technology that has both commercial be diverted for weapons of mass destruction with respect to national security. They and military applications. Most com- purposes. In addition, Iraq appears to be in- are only a handful of the changes monly, our current export controls en- stalling or repairing dual-use equipment at which should be made to this bill but chemical weapons related facilities. tail a licensing process for the export they will serve to give the Defense De- of most dual use technologies. Rather With respect to India, ‘‘India con- partment and the State Department a than prohibit exports outright, we gen- tinues to rely on foreign assistance for more level playing field in the export erally ensure that we can determine key missile and dual-use technologies control process from which to protect which countries are receiving tech- where it still lacks engineering or pro- national security. nology and keep track of anomalies in duction expertise in ballistic missile There is a proper balance between exporting so that we can measure development.’’ The report goes on to promoting business and preserving the whether technology is being put to cite Russia and Western Europe as the national security. This bill does not military use. The EAA also regulates primary conduits of India’s missile re- strike that balance. As a conferee, I am which countries will be permitted to lated technology. hopeful that in conference, I can work import U.S. dual-use technologies. As stated in the Report, Pakistan re- with the members of the House, espe- Generally, U.S. companies are not per- ceived significant assistance from cially Chairman HYDE and continue mitted to export dual use products to Communist China for its ballistic mis- these efforts to tilt the balance in countries like Iran and Iraq. sile program in the early part of last favor of national security. This bill is an attempt to rewrite our year. As recently as this past weekend, Mr. President, I ask unanimous con- export control laws to make them the administration was forced to im- sent to print in the RECORD entitled more rational. I too believe that this pose sanctions on the China Metallur- ‘‘Report to Congress on the Acquisition nation needs new export laws to meet gical Equipment Corporation for sell- of Technology Relating to Weapons today’s trade realities. However, this ing missile technology to Pakistan. of Mass Destruction and Advanced effort must not open the floodgates for The corporate entity in Pakistan Conventional Munitions, 1 January our dual use technology to be exported, which received the technology was also through 30 June 2000.’’ without the ability for the U.S. Gov- sanctioned. I know this has been and There being no objection, the mate- ernment to follow where that tech- continues to be an issue of great con- rial was ordered to be printed in the nology goes and its ultimate applica- cern to Senator THOMPSON. I commend RECORD, as follows: tion. him for his efforts to publicize Com- For an export control regime to func- munist China’s blatant disregard for UNCLASSIFIED REPORT TO CONGRESS ON THE ACQUISITION OF TECHNOLOGY RELATING TO tion properly, it must provide for a bal- its pledge not to support foreign nu- WEAPONS OF MASS DESTRUCTION AND AD- ancing of the commercial benefits in- clear missile programs. VANCED CONVENTIONAL MUNITIONS, 1 JANU- volved—which are generally obvious, The report did contain one note of ARY THROUGH 30 JUNE 2000 easily-quantified, concentrated, and optimism, which I believe is also di- The Director of Central Intelligence (DCI) immediate—with the national security rectly applicable to today’s debate. Na- hereby submits this report in response to a concerns, which are typically shrouded tions such as Libya and Iran continued Congressionally directed action in Section

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.066 pfrm01 PsN: S06PT1 S9144 CONGRESSIONAL RECORD — SENATE September 6, 2001 721 of the FY 97 Intelligence Authorization Energy Agency (IAEA) safeguards. In addi- pabilities to produce armor, artillery, tac- Act, which requires: tion, Russian entities continued to interact tical missiles, munitions, and aircraft with ‘‘(a) Not later than 6 months after the date with Iranian research centers on various ac- foreign assistance. of the enactment of this Act, and every 6 tivities. These projects will help Iran aug- Iraq months thereafter, the Director of Central ment its nuclear technology infrastructure, Since Operation Desert Fox in December Intelligence shall submit to Congress a re- which in turn would be useful in supporting 1998, Baghdad has refused to allow United port on nuclear weapons research and development. Nations’ inspectors into Iraq as required by (1) the acquisition by foreign countries The expertise and technology gained, along Security Council Resolution 687. In spite of during the preceding 6 months of dual-use with the commercial channels and contacts ongoing UN efforts to establish a follow-on and other technology useful for the develop- established—even from cooperation that ap- inspection regime comprising the UN Moni- ment or production of weapons of mass de- pears strictly civilian in nature—could be toring, Verification, and Inspection Commis- struction (including nuclear weapons, chem- used to advance Iran’s nuclear weapons re- sion (UNMOVIC) and the IAEA’s Iraq Action ical weapons, and biological weapons) and search and development program. Team, no UN inspections occurred during advanced conventional munitions; and Beginning in January 1998, the Russian this reporting period. Moreover, the auto- (2) trends in the acquisition of such tech- Government took a number of steps to in- mated video monitoring system installed by nology by such countries.’’ crease its oversight of entities involved in the UN at known and suspect WMD facilities At the DCI’s request, the DCI Nonprolifera- dealings with Iran and other states of pro- in Iraq is no longer operating. Having lost tion Center (NPC) drafted this report and co- liferation concern. In 1999, it pushed a new this on-the-ground access, it is more difficult ordinated it throughout the Intelligence export control law through the Duma. Rus- for the UN or the US to accurately assess the Community. As directed by Section 721, sub- sian firms, however, faced economic pres- current state of Iraq’s WMD programs. section (b) of the Act, it is unclassified. As sures to circumvent these controls and did so We do not have any direct evidence that such, the report does not present the details in some cases. The Russian Government, Iraq has used the period since Desert Fox to of the Intelligence Community’s assessments moreover, failed to enforce its export con- reconstitute its WMD programs, although of weapons of mass destruction and advanced trols in some cases regarding Iran. given its past behavior, this type of activity conventional munitions programs that are China pledged in October 1997 not to en- must be regarded as likely. We assess that available in other classified reports and gage in any new nuclear cooperation with since the suspension of UN inspections in De- briefings for the Congress. Iran but said it would complete cooperation cember of 1998, Baghdad has had the capa- ACQUISITION BY COUNTRY on two nuclear projects: a small research re- bility to reinitiate both its CW and BW pro- actor and a zirconium production facility at As required by Section 721 of the FY 97 In- grams within a few weeks to months. With- Esfahan that Iran will use to produce clad- telligence Authorization Act, the following out an inspection monitoring program, how- ding for reactor fuel. As a party to the Nu- are summaries by country of acquisition ac- ever, it is more difficult to determine if Iraq clear Nonproliferation Treaty (NPT), Iran is tivities (solicitations, negotiations, con- has done so. required to apply IAEA safeguards to nuclear tracts, and deliveries) related to weapons of Since the Gulf war, Iraq has rebuilt key fuel, but safeguards are not required for the mass destruction (WMD) and advanced con- portions of its chemical production infra- zirconium plant or its products. structure for industrial and commercial use, ventional weapons (ACW) that occurred from Iran claims that it is attempting to estab- 1 January through 30 June 2000. We excluded as well as its missile production facilities. It lish fuel-cycle capabilities to support its ci- has attempted to purchase numerous dual- countries that already have substantial vilian energy program. In that guise, it seeks WMD programs, such as China and Russia, as use items for, or under the guise of, legiti- to obtain turnkey facilities, such as a ura- mate civilian use. This equipment—in prin- well as countries that demonstrated little nium conversion facility that, in fact, could WMD acquisition activity of concern. ciple subject to UN scrutiny—also could be be used in any number of ways to support diverted for WMD purposes. Since the sus- Iran fissile material production needed for a nu- pension of UN inspections in December 1998, Iran remains one of the most active coun- clear weapon. We suspect that Tehran most the risk of diversion has increased. Fol- tries seeking to acquire WMD and ACW tech- likely is interested in acquiring foreign lowing Desert Fox, Baghdad again instituted nology from abroad. In doing so, Tehran is fissile material and technology for weapons a reconstruction effort on those facilities de- attempting to develop an indigenous capa- development as part of its overall nuclear stroyed by the US bombing, including sev- bility to produce various types of weapons— weapons program. eral critical missile production complexes chemical, biological, and nuclear—and their During the first half of 2000, entities in and former dual-use CW production facili- delivery systems. During the reporting pe- Russia, North Korea, and China continued to ties. In addition, Iraq appears to be install- riod, the evidence indicates reflections of de- supply the largest amount of ballistic mis- ing or repairing dual-use equipment at CW- termined Iranian efforts to acquire WMD- sile—related goods, technology, and exper- related facilities. Some of these facilities and ACW-related equipment, materials, and tise to Iran. Tehran is using this assistance could be converted fairly quickly for produc- technology focused primarily on entities in to support current production programs and tion of CW agents. Russia, China, North Korea, and Western Eu- to achieve its goal of becoming self-suffi- UNSCOM reported to the Security Council rope. cient in the production of ballistic missiles. in December 1998 that Iraq also continued to Iran, a Chemical Weapons Convention Iran already is producing Scud short-range withhold information related to its CW pro- (CWC) party, already has manufactured and ballistic missiles (SRBMs) and has built and gram. For example, Baghdad seized from stockpiled several thousand tons of chemical publicly displayed prototypes for the UNSCOM inspectors an Air Force document weapons, including blister, blood, and chok- Shahab–3 medium-range ballistic missile discovered by UNSCOM that indicated that ing agents, and the bombs and artillery (MRBM). In addition, Iran’s Defense Minister Iraq had not consumed as many CW muni- shells for delivering them. During the first in 1999 publicly acknowledged the develop- tions during the Iran-Iraq war in the 1980s as half of 2000, Tehran continued to seek pro- ment of a Shahab–4, originally calling it a had been declared by Baghdad. This discrep- duction technology, training, expertise, more capable ballistic missile than the ancy indicates that Iraq may have hidden an equipment, and chemicals that could be used Shahab–3 but later categorizing it as solely a additional 6,000 CW munitions. as precursor agents in its chemical warfare space launch vehicle with no military appli- In 1995, Iraq admitted to having an offen- (CW) program from entities in Russia and cations. Iran’s Defense Minister also has sive BW program and submitted the first in China. publicly mentioned a ‘‘Shahab 5,’’ although a series of Full, Final, and Complete Disclo- Tehran expanded its efforts to seek consid- he said that development had not yet begun. sures (FFCDs) that were supposed to reveal erable dual-use biotechnical materials, Such statements, made against the backdrop the full scope of its BW program. According equipment, and expertise from abroad—pri- of sustained cooperation with Russian, North to UNSCOM, these disclosures are incom- marily from entities in Russia and Western Korean, and Chinese entities, strongly sug- plete and filled with inaccuracies. Since the Europe—ostensibly for civilian uses. We gest that Tehran intends to develop a longer full scope and nature of Iraq’s BW program judge that this equipment and know-how range ballistic missile capability. was not verified, UNSCOM assessed that Iraq could be applied to Iran’s biological warfare Iran continues to acquire conventional continues to maintain a knowledge base and (BW) program. Iran probably began its offen- weapons and production technologies from industrial infrastructure that could be used sive BW program during the Iran-Iraq war, Russia and China. During the first half of to produce quickly a large amount of BW and it may have some limited capability for 2000, Iran received five Mi–171 utility heli- agents at any time, if needed. BW deployment. Outside assistance is both copters from Russia under a 1999 contract, Iraq has continued working on its L–29 un- important and difficult to prevent, given the and it began licensed production of Russian manned aerial vehicle (UAV) program, which dual-use nature of the materials, the equip- Konkurs (AT–5) antitank guided missiles. involves concerting L–29 jet trainer aircraft ment being sought, and the many legitimate Iran also claims to be producing a new originally acquired from Eastern Europe. It end uses for these items. manportable surface-to-air missile knows as is believed that Iraq may have been con- Iran sought nuclear-related equipment, Misagh–1, which resembles China’s QW–1 ducting flights of the L–29, possibly to test material, and technical expertise from a va- MANPAD system. Tehran also has been able system improvements or to train new pilots. riety of sources, especially in Russia. Work to keep operational at least part of its exist- These refurbished trainer aircraft are be- continues on the construction of a 1,000- ing fleet of Western-origin aircraft and heli- lieved to have been modified for delivery of megawatt nuclear power reactor at Bushehr copters supplied before the 1979 Iranian Rev- chemical or, more likely, biological warfare that will be subject to International Atomic olution and continues to develop limited ca- agents.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.036 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9145 We believe that Iraq has probably contin- Libya continues to develop its nascent nu- ment could benefit New Delhi in its efforts ued low-level theoretical R&D associated clear research and development program but to develop and produce more sophisticated with its nuclear program. A sufficient source still requires significant foreign assistance nuclear weapons. India obtained some for- of fissile material remains Iraq’s most sig- to advance to a nuclear weapons option. The eign assistance for its civilian nuclear power nificant obstacle to being able to produce a suspension of sanctions has accelerated the program during the first half of 2000, pri- nuclear weapon. pace of procurement efforts in Libya’s drive marily from Russia. Iraq continues to pursue development of to rejuvenate its ostensibly civilian nuclear India continues to rely on foreign assist- SRBM systems that are not prohibited by program. In early 2000, for example, Tripoli ance for key missile and dual-use tech- the United Nations and may be expanding to and Moscow renewed talks on cooperation at nologies, where it still lacks engineering or longer range systems. Authorized pursuit of the Tajura Nuclear Research Center and dis- production expertise in ballistic missile de- UN-permitted missiles continues to allow cussed a potential power reactor deal. velopment. Entities in Russia and Western Baghdad to develop technological improve- Should such civil-sector work come to fru- Europe remained the primary conduits of ments and infrastructure that could be ap- ition, Libya could gain opportunities to con- missile-related technology transfers during plied to a longer-range missile program. We duct weapons-related R&D. the first half of 2000. New Delhi Flight-tested believe that development of the liquid pro- Following the suspension of UN sanctions, three short-range ballistic missiles between pellant Al-Samoud SRBM probably is matur- Libya has negotiated deals—reported to be January and June 2000—the Prithvi–II in ing and that a low-level operational capa- worth up to $100 million, according to Rus- February and June, and the Dhanush in bility could be achieved in the near team. sian press—with Russian firms for conven- April. The solid-propellant missile development tional weapons, munitions, and upgrades and India continues an across-the-board mod- program may now be receiving a higher pri- refurbishment for its existing inventory of ernization of its armed forces through ACW, ority, and development of the Ababil-100 Soviet-era weapons. mostly from Russia, although many of its SRBM and possibly longer range systems Syria key programs have been plagued by delays. may be moving ahead rapidly. If economic During the reporting period, New Delhi con- Syria sought CW-related precursors and ex- sanctions against Iraq were lifted, Baghdad tinued negotiations with Moscow for 310 T– pertise from foreign sources during the re- probably would increase its attempts to ac- 90S main battle tanks Su–30 fighter aircraft porting period. Damascus already has a quire missile-related items from foreign production, A–50 Airborne Early Warning stockpile of the nerve agent sarin, and it sources, regardless of any future UN moni- and Control (AWACS) aircraft, Tu–22M Back- toring and continuing restrictions on long- would appear that Syria is trying to develop fire maritime strike bombers, and an air- range ballistic missile programs. Iraq prob- more toxic and persistent nerve agents. craft carrier, according to press reports. ably retains a small, covert force of Scud- Syria remains dependent on foreign sources India also continues to explore options for type missiles. for key elements of its CW program, includ- leasing or purchasing several AWACS sys- ing precursor chemicals and key production North Korea tems from other entities. India has also re- equipment. It is highly probable that Syria P’yongyang continues to acquire raw ma- ceived its first delivery of Russian Krasnopol also is developing an offensive BW capa- terials from out-of-country entitles needed laser-guided artillery rounds to be used in its bility. for its WMD and ballistic missile programs. Swedish-build FH–77 155-mm howitzers, nego- We will continue to monitor the potential During this time fame, North Korea contin- tiated the purchase of unmanned aerial vehi- for Syria’s embryonic nuclear research and ued procurement of raw materials and com- cles form Israel, and considered offers for jet development program to expand. ponents for its ballistic missile programs trainer aircraft from France and the United During the first half of 2000, Damascus con- from various foreign sources, especially Kingdom. through firms in China. We assess the North tinued work on establishing a solid-propel- Pakistan Korea is capable of producing and delivering lant rocket motor development and produc- via munitions a wide variety of chemical and tion capability with help from outside coun- Chinese entities continued to provide sig- biological agents. tries. Foreign equipment and assistance to nificant assistance to Pakistan’s ballistic During the first half of 2000, P’yongyang its liquid-propellant missile program, pri- missile program during the first half of 2000. sought to procure technology worldwide that marily from North Korean entities, but also With Chinese assistance, Pakistan is rapidly could have applications in its nuclear pro- from firms in Russia, have been and will con- moving toward serial production of solid- gram, but we do not know of any procure- tinue to be essential for Syria’s effort. Da- propellant SRBMs. Pakistan’s development ment directly linked to the nuclear weapons mascus also continued its efforts to assem- of the two-state Shaheen-II MRBM also re- program. We assess that North Korea has ble—probably with considerable North Ko- quires continued Chinese assistance. The im- produced enough plutonium for at least one, rean assistance—liquid fueled Scud C mis- pact of North Korea’s assistance throughout and possibly two, nuclear weapons. The siles. the reporting period is less clear. United States and North Korea are nearing Syria continues to acquire ACW—mainly Pakistan continued to acquire nuclear-re- completion on the joint project of canning from Russia and other FSU suppliers—al- lated and dual-use equipment and materials spent fuel from the Yongbyon complex for though at a reduced level from the early from various sources—principally in Western long-term storage and ultimate shipment 1990s. During the past few years, Syria has Europe. Islamabad has a well-developed nu- out of the North in accordance with the 1994 received Kornet-E (AT–14), Metis-M (AT–13), clear weapons program, as evidence by its Agreed Framework. That reacher fuel con- Konkurs (AT–5), and Bastion-M (AT–10B) first nuclear weapons tests in late May 1998. tains enough plutonium for several more antitank guided missiles, RPG–29 rocket Acquisition of nuclear-related goods form weapons. launchers, and small arms, according to Rus- foreign sources will remain important if North Korea continues to seek conven- sian press reports. Damascus has expressed Pakistan chooses to develop more advanced tional arms. It signed a contract with Russia interest in acquiring Russian Su–27 and MiG– nuclear weapons. China, which has provided during this reporting period. 29 fighters and air defense systems, but its extensive support in the past to Islamabad’s Libya outstanding debt to Moscow and inability to nuclear weapons and ballistic missile pro- Libya has continued its efforts to obtain fund large purchases have hampered negotia- grams, in May 1996 pledged that it would not ballistic missile-related equipment, mate- tions, according to press reports. provide assistance to unsafeguarded nuclear rials, technology, and expertise from foreign Sudan facilities in any state, including Pakistan. We cannot rule out, however, some contin- sources. Outside assistance is critical to its During the reporting period, Sudan sought ued contacts between Chinese entities and ballistic missile development programs, and to acquire a variety of military equipment entities involved in Pakistan’s nuclear weap- the suspension of UN sanctions last year has from various sources. Khartoum is seeking ons development. allowed Tripoli to expand its procurement older, less expensive weapons that nonethe- effort. Libya’s current capability remains Pakistan continues to rely on China and less are advanced compared with the capa- France for its ACW requirements. Pakistan limited to its aging Scud B missiles, but bilities of the weapons possessed by its oppo- with continued foreign assistance it may received eight upgraded Mirage III/V fighters nents and their supporters in neighboring from France and continued negotiations to achieve an MRBM capability—a long-desired countries in the long-running civil war. goal. purchase an additional 50 F–7 fighters from In the WMD arena, Sudan has been devel- China. Libya remains heavily dependent on for- oping the capability to produce chemical eign suppliers for precursor chemicals and weapons for many years. In this pursuit, it Egypt other key CW-related equipment. Following has obtained help from entities in other Egypt continues its effort to develop and the suspension of UN sanctions in April 1999, countries, principally Iraq. Given its history produce ballistic missiles with the assistance Tripoli reestablished contacts with sources in developing chemical weapons and its close of North Korea. This activity is part of a of expertise, parts, and precursor chemicals relationship with Iraq, Sudan may be inter- long-running program of ballistic missile co- abroad, primarily with Western Europe. ested in a BW program as well. operation between these two countries. Libya still appears to have a goal of estab- lishing an offensive CW capability and an in- India KEY SUPPLIERS digenous production capability for weapons. India continues its nuclear weapons devel- Russia Evidence suggests Libya also is seeking to opment program, for which its underground Despite overall improvements in Russia’s acquire the capability to develop and nuclear tests in May 1998 were a significant economy, the state-run defense and nuclear produce BW agents. milestone. The acquisition of foreign equip- industries remain strapped for funds, even as

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.040 pfrm01 PsN: S06PT1 S9146 CONGRESSIONAL RECORD — SENATE September 6, 2001 Moscow looks to them for badly needed for- on cases where advanced equipment is sim- other foreign WMD programs to look else- eign exchange through exports. We remain ply described as something else in the export where for many controlled dual-use goods. very concerned about the nonproliferation documentation and is exported. Enterprises Machine tools, spare parts for dual-use implications of such sales in several areas. sometimes falsely declare goods just to avoid equipment, and widely available materials, Monitoring Russian proliferation behavior, government taxes. scientific equipment, and specialty metals therefore, will remain a very high priority. North Korea were the most common items sought. In ad- Russian entities during the reporting pe- dition, several Western countries announced Throughout the first half of 2000, North riod continued to supply a variety of bal- their willingness to negotiate ACW sales to Korea continued to export significant bal- listic missile-related goods and technical Libya. know-how to countries such as Iran, India, listic missile—related equipment and missile TRENDS China, and Libya. Iran’s earlier success in components, materials, and technical exper- gaining technology and materials from Rus- tise to countries in the Middle East, South As in previous reports, countries deter- sian entities accelerated Iranian develop- Asia, and North Africa. P’yongyang attaches mined to maintain WMD and missile pro- ment of the Shahab–3 MRBM, which was a high priority to the development and sale grams over the long term have been placing first flight-tested in July 1998. Russian enti- of ballistic missiles, equipment, and related significant emphasis on insulating their pro- ties during the first six months of 2000 have technology. Exports of ballistic missiles and grams against interdiction and disruption, as provided substantial missile-related tech- related technology are one of the North’s well as trying to reduce their dependence on nology, training, and expertise to Iran that major sources of hard currency, which fuel imports by developing indigenous production almost certainly will continue to accelerate continued missile development and produc- capabilities. Although these capabilities Iranian efforts to develop new ballistic mis- tion. may not always be a good substitute for for- sile systems. China eign imports—particularly for more ad- vanced technologies—in many cases they Russia also remained a key supplier for ci- During this reporting period, the Chinese may prove to be adequate. In addition, as vilian nuclear programs in Iran, primarily have continued to take a very narrow inter- their domestic capabilities grow, traditional focused on the Bushehr Nuclear Power Plant pretation of their bilateral nonproliferation recipients of WMD and missile technology project. With respect to Iran’s nuclear infra- commitments with the United States. In the could emerge as new suppliers of technology structure, Russian assistance enhances case of missile-related transfers, Beijing has and expertise. Many of these countries—such Iran’s ability to support a nuclear weapons repeatedly pledged not to sell Missile Tech- as India, Iran and Pakistan—do not adhere development effort. By its very nature, even nology Control Regime (MTCR) Category I to the export restraints embodied in such the transfer of civilian technology may be of systems but has not recognized the regime’s supplier groups as the Nuclear Suppliers use in Iran’s nuclear weapons program. We key technology annex. China is not a mem- Group and the Missile Technology Control remain concerned that Tehran is seeking ber of the MTCR. Regime. more than a buildup of its civilian infra- Chinese missile-related technical assist- Some countries of proliferation concern structure, and the Intelligence Community ance to Pakistan continued to be substantial are continuing efforts to develop indigenous will be closely monitoring the relationship during this reporting period. With Chinese designs for advanced conventional weapons with Moscow for any direct assistance in assistance, Pakistan is rapidly moving to- and expand production capabilities, although support of a military program. ward serial production of solid-propellant most of these programs usually rely heavily In January, Russia’s cabinet approved a SRBMs. Pakistan’s development of the two- on foreign technical assistance. Many of draft cooperative program with Syria that stage Shaheen–II MRBM also requires con- these countries—unable to obtain newer or included civil use of nuclear power. Broader tinued Chinese assistance. In addition, firms more advanced arms—are pursuing upgrade access to Russian scientists could provide in China provided missile-related items, raw programs for existing inventories. opportunities to solicit fissile material pro- materials, and/or assistance to several other duction expertise if Syria decided to pursue countries of proliferation concern—such as The PRESIDING OFFICER. The a nuclear weapons option. In addition, Rus- Iran, North Korea, and Libya. question is on the engrossment and sia supplied India with material for its civil- Chinese entities have provided extensive third reading of the bill. ian nuclear program during this reporting support in the past to Pakistan’s safe- The bill was ordered to be engrossed period. President Putin in May amended the guarded and unsafeguarded nuclear pro- presidential decree on nuclear exports to for a third reading and was read the grams. In May 1996, Beijing pledged that it third time. allow the export in exceptional cases of nu- would not provide assistance to clear materials, technology, and equipment unsafeguarded nuclear facilities. We cannot f to countries that do not have full-scope rule out some continued contacts between MORNING BUSINESS IAEA safeguards, according to press reports. Chinese entities and entities associated with The move could clear the way for expanding Pakistan’s nuclear weapons program. Chi- The PRESIDING OFFICER. Under nuclear exports to certain countries that do na’s involvement with Pakistan will con- the previous order, the Senate will now not have full-scope safeguards, such as India. tinue to be monitored closely. be in a period for morning business. During the first half of 2000, Russian enti- With regard to Iran, China confirmed that The Senator from Tennessee. ties remained a significant source of dual- work associated with two remaining nuclear f use biotechnology, chemicals, production projects—a small research reactor and a zir- technology, and equipment for Iran. Russia’s conium production facility—would continue NATIONAL SECURITY biological and chemical expertise make it an until the projects were completed. The intel- attractive target for Iranians seeking tech- Mr. THOMPSON. Mr. President, be- ligence Community will continue to monitor fore my colleague from Texas leaves nical information and training on BW- and carefully Chinese nuclear cooperation with CW-agent production processes. Iran. the Chamber, I want to congratulate Russia continues to be a major supplier of Prior to the reporting period, Chinese him on what I consider to be another conventional arms. It is the primary source firms had supplied CW-related production major achievement of his career. He of ACW for China and India, it continues to equipment and technology to Iran. The US can add this legislation to the long list supply ACW to Iran and Syria, and it has ne- sanctions imposed in May 1997 on seven Chi- gotiated new contracts with Libya and North of legislation he has either been pri- nese entities for knowingly and materially Korea, according to press reports. marily responsible for or substantially contributing to Iran’s CW program remain in The Russian Government’s commitment, responsible for. While we have dis- effect. Evidence during the current reporting willingness, and ability to curb prolifera- agreements on the legislation, this is period shows Iran continues to seek such as- tion-related transfers remain uncertain. The sistance from Chinese entities, but it is un- something I have seen him work tire- export control bureaucracy was reorganized clear to what extent these efforts have suc- lessly on for at least a couple of years again as part of President Putin’s broader ceeded. In June 1998, China announced that now, and certainly Senator ENZI car- government reorganization in May. The Fed- it had expanded its CWC-based chemical ex- eral Service for Currency and Export Con- ried a large share of the work, as Sen- port controls to include 10 of the 20 Australia trols (VEK) was abolished and its functions ator GRAMM said. Group chemicals not listed on the CWC assumed by a new department in the Min- This is another one of those in- schedules. istry of Economic Development and Trade. stances where Senator GRAMM took an VEK had been tasked with drafting the im- Western Countries issue like a dog taking to a bone and plementing decrees for Russia’s July 1999 ex- As was the case in 1998 and 1999, entities in did not turn it loose until he got it port control law; the status of these decrees Western countries in 2000 were not as impor- done. I must say it is another impres- is not known. Export enforcement continues tant as sources for WMD-related goods and sive performance, and I want to con- to need improvement. In February 2000, materials as in past years. However, Iran and gratulate my good friend for adding an- Sergey Ivanov, Secretary of Russia’s Secu- Libya continue to recruit entities in Western rity Council, said that during 1998–99 the Europe to provide needed acquisitions for other important legislative victory to government had obtained convictions for un- their WMD programs. Increasingly rigorous his long legacy. authorized technology transfers in only and effective export controls and coopera- I want to discuss the legislation for a three cases. The Russian press has reported tion among supplier countries have led the minute in response to my good friend.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.044 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9147 We talked of two goals. This bill has many of them in some very important In the meantime, hopefully, through been put to bed now, as it were. We are areas. We are deregulating entire cat- changes as we go along, through con- going to be voting on it shortly. We egories of exports. tinuing to work with the administra- have made some modest improvement Foreign availability has always been tion in heightening their awareness of to it. The Senators opposite are correct something we considered in terms of some of the problems and details we in saying we have been talking about whether or not we would export some- have seen in our committee work over this a long time. thing or grant a license for something, the years, if we see we are going down I do not know whether we can take and I think properly so. We do not the wrong track, we will be able to re- credit for 59 changes or not. They say want to foolishly try to control things spond and adjust in midstream. I know 59 changes have been made, but I guess not controllable. So foreign avail- my colleagues on the other side will we can take credit for some changes ability ought to be a consideration. We join in that hope and desire, and I am that have been made along the way to are moving light-years away from that, sure we will be able to work together improve the bill. letting someone over at the Depart- toward that end. We still have problems with the basic ment of Commerce categorize entire I yield the floor. concept, and right before we go off into areas of foreign availability that takes The PRESIDING OFFICER. The Sen- this good night, we need to lodge at it totally out of the licensing process, ator from New Jersey. least one summary statement with re- so you do not have a license, and our f gard to the nature of our concern and Government cannot keep up with what U.N. WORLD CONFERENCE where we hopefully will go from here. is being exported to China or Russia. AGAINST RACISM The nature of our concern simply is That is a major move. It is not a good this: It is a more dangerous world out move. Mr. TORRICELLI. Mr. President, the there than ever before, and we have to With regard to the enhanced pen- U.N. World Conference Against Racism be more careful than ever we do not ex- alties, what sanction is there to be im- recently proceeding in Durban, South port dangerous items to dangerous peo- posed upon an exporter when he is not Africa, had the enormous potential to ple that will turn around and hurt this even required to have a license? It is make a contribution in the historic country. The risk of that is greater saying: We will raise the penalty for fight against race and intolerance. In- than ever before. your conduct, but we will make your deed, holding the conference itself in We do not have two equal goals of conduct legal. That is not very effec- South Africa was a tribute to the peo- trade and commerce on the one hand tive in terms of export control, to say ple of that country and their long and national security on the other. The the least. struggle against racism and apartheid. interest of national security dwarfs the Finally, when I hear the proponents It could have been a seminal moment interest of trade and commerce, al- of this legislation say 99.6 percent of in the evolution, in our long fight for though they are discussed in this these exports are approved anyway, individual liberty. While much progress has been made, Chamber somehow in equipoise. That is they are arguing against themselves. we can all attest that racism and dis- not the case. It should not be the case. They use it to make the point this is crimination continue to affect hun- It is not even set out that way in the kind of a foolish process anyway. So if dreds of millions of people around the bill if one looks to the purposes of the the great majority of them are going to be approved, why even have the proc- globe. bill. The purposes of the bill are to pro- ess? I assume that is the logical con- This conference had such potential. tect this country. That is why we have clusion of their position. It could have addressed issues such as an export law, not to facilitate busi- My question is: What about the .4 the rising intolerance toward refugees, ness. percent that don’t make it? Do we not intolerance towards asylum seekers, A great majority of the time I am have to look at the body of exports the unjustified denial of citizenship be- with my business friends, but when it taking place in order to determine cause of race, religion, or origin. The comes to national security I must de- what that .4 is? Or if we didn’t have a conference had the potential for the part with those who would weigh too process, would that .4 be more like 3.4 United States to demonstrate the great heavily the interests of trade. I suggest if people knew there wasn’t such a progress we have made in this country those who are interested in trade get process? The .4 is the important thing on issues of tolerance, of the fight about giving the President fast track, to look at. Besides, if all the exports against racism. In showcasing the giving the President trade promotion are being approved anyway, why is it American experience, nothing could authority. That will do more for trade so onerous to go through a process that have more vividly demonstrated the and industry and to help the economy will take a few days and get a clean bill changes in the United States than the of this Nation than exporting dual-use of health so there is no question? presence of Colin Powell, an American high tech items to China and Russia Therein lies the basis of our concern. Secretary of State, not only of African that may find their way to Iran and It is a fundamental disagreement as to ancestry but of ancestry beyond our Iraq. So that is what we ought to be how far we should be going in this dan- own shores. doing if we are concerned about trade gerous time. As the world is becoming Instead of realizing this potential, in this country. So those two goals are more dangerous, as technology pro- the conference has collapsed in a storm not equal. liferates, as we see those we are send- of recrimination and venomous rhet- We need to understand what we are ing technology to using that tech- oric. The United States and Israel have doing once again on these issues. Call nology for their military purposes, walked out of the conference. It ap- it a balance, if you will. No matter how then passing it on to rogue nations, pears that others will soon follow. you weigh the factors involved, we are and we see our agencies and our com- The conference, which was intended giving the Secretary of Commerce and mittees—like the Cox committee—say- to be forward looking and to come up those within the department responsi- ing our lax export laws are causing with a plan of action for fighting rac- bility for national security. The Sec- some of this, and we are in the process ism around the globe has instead de- retary, who I have the greatest con- of loosening export laws, I think that stroyed itself because of old hatreds fidence in—and I think he is a great is unwise. I hope I am wrong. and the resurrection of discredited man doing a great job—should not have As I said yesterday, I can afford to be agendas. The insistence of Israel’s en- the responsibility for national secu- wrong. If I am wrong, a few companies emies on using this conference to rity. That is not supposed to be his job. have been held up a few days. If the launch vile attacks on Israel, to at- We are once again giving the Com- proponents of this legislation are tempt to equate Zionism with racism, merce Department, which we greatly wrong, it could cause problems for the has fully and completely justified the criticized during the Clinton adminis- country. I hope I am proven to be Bush administration’s decision to with- tration for some of their laxness, the wrong and that I am strong enough to draw from the conference. life or death decisionmaking power in be able to stand up and say it when and I take the floor today because on a terms of these regulations or policies, if that time comes. I hope it does come bipartisan basis I believe it should be in many important instances—not all to that. But we will not know for a clear this Senate supports the Bush ad- instances, not always unilaterally, but while. ministration’s decision to leave the

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.025 pfrm01 PsN: S06PT1 S9148 CONGRESSIONAL RECORD — SENATE September 6, 2001 conference, to attack its agenda, and and further hatred. American with- Commission. We are victims because of to make clear we will have no part of drawal from this conference sends an what we have done right, not because it. emphatic message to the Arab world of what we have done wrong. For many years, Arab regimes have that the United States commitment to I have no doubt that our standing up used the United States to advance Israel has not wavered and our concept against anti-Semitism and in defense their anti-Israel agenda. What is hap- of the United Nations as an organiza- of Israel will now strengthen the case pening in Durban today is not new. The tion dedicated to peace and resolving against the United States as an advo- tragedy is the lesson has not been these very disputes has not changed. cate of human rights. So be it. Let the learned. In 1975, with the support of the The administration’s decision to nations of the world balance the ac- so-called nonaligned nations, these re- abandon the racism conference once it tions of the United Nations and their gimes succeeded in passing the infa- was clear that Israel would continue to own regimes against the historic role mous ‘‘Zionism equals racism’’ resolu- be singled out was not a partisan ac- of the United States, considering our tion. After much work, the United tion; it was a principled action. I fully historic difficulties, and let history be States, to our considerable credit, had endorse it. the judge. Which institution, the U.S. that odious resolution rescinded in I hope the United States will defend Government or the United Nations 1991. any nation, not just Israel, which is un- itself, has been the more consistent The U.N. Secretary General, Kofi fairly singled out for criticism. and dependable defender of the weak Annan, has referred to that resolution While I support this decision, I be- and the vulnerable, with a principled as the ‘‘low point in the history of the lieve there are larger problems in- stand for human rights? I will accept United Nations.’’ To his credit, Annan volved that deserve our attention. The that judgment of history, and there is has acknowledged the historical U.N. forces that compelled us to withdraw no need to wait for the result; it is bias against Israel and called for the from the conference—anti-westernism, clear. The U.S. Government has had no normalization of Israel’s status within anti-Americanism—have come to- peer in defending the rights of peoples the U.N. Indeed, normalization has gether in the U.N. before and may rep- around the globe. been acquired. resent a growing challenge to our coun- I take the floor as a partisan Demo- For 40 years, Arab and Muslim na- try. So the decision to withdraw be- crat involved throughout my career in tions prevented Israel from becoming a cause of anti-Semitism was proper. But the fight for human rights and an ac- member of any regional group. By that it may not be the only justifiable rea- tive involvement in foreign policy to denial of regional status, Israel and son. There are others. salute this administration. Secretary Israel alone is prohibited from becom- Only a few months ago, in May of Powell did not go to Durban. He made ing an eligible member of the Security this year, we had another debacle in- the right decision. When the adminis- Council. This tremendous injustice was volving the United Nations when the tration withdrew from the Durban con- finally rectified only last year when United States was voted out of the U.N. ference, President Bush made the right Israel was able to join the Western Eu- Human Rights Commission. What an decision. Durban is not our place. If we ropean and Others Group. unbelievable outrage. I do not stand in must fight the fight against racism, Despite the Secretary General’s lead- the well of the Senate believing that the fight against anti-Semitism, alone, ership in trying to improve U.N. reso- the United States has not committed without the United Nations, from the lutions regarding Israel, we are now historic acts worthy of criticism; clear- perch of Washington rather than the forced to fight these old battles again, ly we have. I do not argue that the perch of the U.N. conferences in New those seeking to defend not only anti- United States is beyond criticism for York or regional conferences in Durban Israel but indeed anti-Semitism for actions in our generation; clearly such or Switzerland or anywhere else, we their own political purposes. While the acts have occurred. I am willing to may fight alone but we fight in good anti-Semitic rhetoric being shouted by have our Nation measured against the company. demonstrators in the streets of Durban highest standard. But for the United I yield the floor. is alarming enough, it is more appall- States of America to be removed from Mr. President, I make a point of ing to see the rhetoric being placed in the Human Rights Commission upon order a quorum is not present. official negotiated documents of a U.N. the votes of an organization which in- The PRESIDING OFFICER. The conference itself. This demonstrates cludes Iraq, Libya, and Cuba is an out- clerk will call the roll. that not only have we not made rage. The legislative clerk proceeded to progress, but indeed this is as bad as So while I take the floor today in call the roll. any action taken in the unfortunate light of the current acts designed Mr. BAUCUS. Mr. President, I ask history of the U.N. on this subject. against Israel, I do so in the context of unanimous consent that the order for The declaration being produced by the actions of the United Nations on a the quorum call be rescinded. the conference and the program of ac- continuing basis with regard to many The PRESIDING OFFICER. Without tion which flows from it are intended countries, including our own. objection, it is so ordered. to help countries strengthen national The United States has had a seat on f mechanisms to promote the human the Human Rights Commission con- rights of the very victims of racism. tinuously since 1947. We have been a CANADIAN SOFTWOOD LUMBER But including anti-Semitic language in clear leader on the Commission, en- Mr. BAUCUS. Mr. President, I rise these documents cannot possibly have forcing investigations of human rights today to discuss the U.S.-Canadian dis- a positive effect for the conference abuses around the world. Indeed, U.N. pute on softwood lumber. agenda. If the anti-Israel language is High Commissioner Mary Robinson has Although it might have escaped the allowed to stand in the conference dec- said that the United States has made a attention of many in Washington, the laration, it will have real and lasting ‘‘historic contribution’’ to the Commis- Bush administration announced a crit- effects. The language proposed in this sion. Indeed, I see no need to justify ical trade policy decision over the Au- conference will only serve to encourage the actions of the United States with gust recess. virulent anti-Semitic language pouring regard to human rights. Indeed, it is After considering truck loads of evi- forth from the Palestinian media and not because we don’t defend human dence provided by a legion of lawyers, media of those of Israel’s neighbors. rights that we were removed from the the Department of Commerce once The language of intolerance and hatred Commission; it is because we do defend again decided that Canadian provinces is a key factor in inciting the brutal human rights that we were removed giving away timber at a fraction of its acts of terrorism now being per- from the Commission. Had we not value was a subsidy to Canadian lum- petrated against Israel’s civilians. taken actions against Cuba, had we not ber production. So an organization created and dedi- spoken up against atrocities in North Specifically, the Commerce Depart- cated to peace is now promoting lan- Korea and China, had we been silent ment issued a preliminary finding that guage, in an official conference, during about actions in Africa and Latin these subsidies amounted to 19.3 per- a time of violence in the Middle East, America, there is no doubt the United cent of the value of Canadian lumber. that can only result in the loss of life States would have remained on the Further, the Commerce Department

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.028 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9149 took the unusual step of declaring crit- could be addressed through a minimum The bottom line is this: Out-of-court ical circumstances, which back dates export price or a duty adjustment to settlements are struck when neither the duties by 90 days. It did this be- account for the dumping. party is certain of the outcome of liti- cause it determined Canadian pro- Once the basic export duty rate was gation; no one settles after they have ducers were flooding the U.S. market— set, both sides would agree that the won the final appeal. in an attempt to take advantage of the duty would be lowered as Canadian If the U.S. duties survive Canadian expiration of the previous U.S.-Canada provinces eliminated subsidies. For ex- challenges, I would then oppose any ef- agreement on this topic. ample, if Canada—or particular prov- fort to settle the dispute along the The Commerce Department is due to inces—stopped artificially lowering the lines I have laid out. If the U.S. is issue another preliminary finding price of stumpage, the portion of the forced to litigate and succeeds, there under another U.S. fair trade law, anti- export duty aimed at offseting stump- will be no domestic support for a set- dumping law, in the middle of October. age subsidies would be dropped. tlement, no export duty, and no com- I agree with most observers that this Unfortunately, evaluating the impact promise. A compromise is possible now, will likely result in a substantial in- of proposed reforms in Canada’s for- not later. crease in the current duty. estry subsidies is a complex task and, Again, I congratulate the Commerce But I do not rise today to discuss the sadly, these complexities have been Department—and particularly the hard intricacies of U.S. trade laws. used to hide subsidies and replace old work of Secretary Don Evans, Under- Nor, Mr. President, do I plan to dis- subsidies with new ones. secretary Grant Aldonas, and Assistant cuss the details of Canadian lumber In order to assist the trade nego- Secretary Faryar Shirzad—for decisive programs. tiators from both countries in evalu- action in this case. I have never understood how giving ating proposals for reform, I propose an Lumber mills and their workers in away timber at a fraction of its market ad hoc commission—made up of rep- Montana and across the country have value and allowing government-set resentatives of the forest industry from suffered because of Canadian lumber prices instead of market prices could both countries, representatives of orga- subsidies. I plan to work with the Com- be anything but a market distortion. nized labor from both countries, and merce Department to ensure that the But that is a debate that we have had representatives of the environmental suffering is over so that efficient, envi- for 20 years and I myself have discussed community form both countries. ronmentally sound U.S. mills can com- on the Senate floor at least a dozen This panel would evaluate proposals pete on a level playing field—one way times. for forestry reform in Canada and pro- or another. I see little point in repeating facts vide a non-binding evaluation of the EXHIBIT 1 that the Commerce Department and proposed changes to relevant U.S. and CUTTING SUBSIDIES, OR SUBSIDIZED CUTTING? independent observers on both sides of Canadian government officials. Report Commissioned by BC Coalition for the border have long acknowledged. I I feel particularly strong that rep- Sustainable Forestry Solutions, July 12, ask unanimous consent that the for- resentatives from the environmental 2001. ward and executive summary of an ex- community be included in this group Prepared by: Tom L. Green, M.A., Ecological cellent analysis of Canadian subsidy because they are the closest thing to Economist; Lisa Matthaus, MSc, Resource programs in British Columbia, pre- truly independent observers of Cana- Economist, Sierra Club of BC pared by a coalition of Canadian envi- dian forestry practices. FOREWARD ronmental group—‘‘Cutting Subsides, In addition to providing a fair and (By Dr. Michael M’Gonigle) or Subsidized Cutting?’’ be printed in thorough evaluation of proposals for Textiles, dairy products, newsmagazines, the RECORD after my statement. change, this group could be a watchdog steel, airplanes, fish plants, forest products— The PRESIDING OFFICER. Without against backsliding. And it could pro- throughout the world, subsidies exist for objection it is so ordered. vide a forum to discuss cross-border co- every industry imaginable. Talk of reducing (See Exhibit 1) operation on sustainable forestry prac- these subsidies dominates for daily news Mr. BAUCUS. Instead I want to look tices, joint positions for international with seemingly endless rounds of bilateral to the future. I rise today to offer a negotiations on trade and forestry and multilateral trade talks. But despite the true and lasting solution to what has issues, and joint approaches to prob- hype, and the rhetoric, the topic is rarely become the world’s largest bilateral lems, such as protection of endangered treated in the thoughtful manner it deserves. trade dispute and, by far, the largest There are, of course, many good reasons species. for government subsidies. In today’s increas- fly in the ointment in the U.S.-Canada I believe such non-binding oversight ingly homogenized mass-market world, it relationship. Given some political could ensure real progress toward a makes sense to protect a nation’s ballet and changes on both sides of the border, I final and lasting solution to this dif- local newspapers. So too it is important to believe it is now possible to negotiate a ficult trade problem. keep the rural base vital by maintaining sup- lasting and real agreement on the U.S.- I have read in the Canadian press port for family farms,and even encouraging Canada softwood lumber dispute. some statements that Canadian offi- new organic producers. Indeed, subsidies are In 1986, at a similar juncture in a cials—or perhaps the U.S. lawyers that most useful in helping fledging industries trade case, the U.S. and Canada agreed represent them—that Canada should make inroads against the predatory behav- iour of much larger, and often inefficient, to resolve the dispute by allowing Can- pursue no such deal until after the older industries. ada to collect an export duty—a duty issue is fully litigated before the World But subsidies are all too frequently de- the United States would have other- Trade Organization and perhaps the structive and unsustainable. Such subsidies wise collected. At the same time, Cana- NAFTA. can be the most difficult to undo because dian provincial officials agreed to a set But the central fallacy of this posi- they are deeply embedded, hidden from view, of forestry program reforms to elimi- tion is that the U.S. would negotiate and reward the most powerful interests in nate the underlying subsidies. after it has turned back challenges. society. This arrangement broke down when And there is no reason to believe that As Tom Green and Lisa Matthaus dem- onstrate in this paper, such is the case with Canada unilaterally—and without ex- Canada would succeed in such litiga- the BC forest industry. Here is an industry planation—withdrew from the arrange- tion. Despite the rhetoric of some, Can- that from its inception to the present day is ment. But with some adjustments, a ada’s record in past complaints is supported by a raft of subsidies. Once de- similar approach could be pursued to a mixed, and U.S. law and practice has signed as a way to develop the province, real solution. been refined to avoid past problems. If many of these subsidies are today almost The basic concept is simple. Once the challenged, I believe the U.S. actions completely invisible, propping up an indus- final preliminary duty is known, Can- on softwood lumber will survive inter- try against all economic and social logic, ada would agree to collect this on its national scrutiny. and determining the potential for good pub- exports and thus gain the revenue that Obviously, Canadian officials will lic policy. This paper only addresses this sit- uation in British Columbia, but many of would otherwise go to the U.S. treas- choose whatever strategy they see fit, their arguments apply to the industry world- ury. but such a litigate-at-all-costs strategy wide. The antidumping element com- would result in the duty being in place The phrase ‘‘perverse subsidies’’ captures plicates this understanding, but it for most of a year—at minimum. the situation admirably, perverse because

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.007 pfrm01 PsN: S06PT1 S9150 CONGRESSIONAL RECORD — SENATE September 6, 2001 government is spending money, or not col- and withdrawn. Remove the subsidies, and latory compliance. It is estimated that this lecting rents in a fashion that undermines you transform the industry. amounts to a subsidy of $950 million annu- economic as well as social (and environ- This is no small task. But the future ally. mental) interests. Take, for example, the health of the BC economy, and the sustain- Non-recognition and Infringement of Ab- hundreds of millions of dollars that have ability of its endangered ecosystems, de- original Title. First Nations traditional ter- gone to prop up outdated mills in northern pends upon our doing it. ritories include virtually all of BC’s commer- BC. These subsidies seemingly respond to the cial forests. Although Aboriginal Title is social need of keeping remote communities 1. EXECUTIVE SUMMARY constitutionally protected right, logging ac- afloat. In fact, this money undercuts other, Following his recent election victory, Pre- tivities—that would amount to infringe- more efficient communities by artificially mier Campbell has repeatedly asked British ments of Aboriginal Title—routinely occur depressing their markets, while it robs even Colombians to hold him accountable to the in BC without consent of or meaningful con- the host communities of the opportunity to Liberal Party election promises. For a party sultation with affected First Nations. Com- direct that money, and the local industry, generally perceived as pro-business, one of pensation will ultimately be required for into creating new value-added industries the boldest promises was to eliminate cor- both the extraction of First Nations’ re- that would foster more stable, longer-term, porate subsidies. The Liberals also com- sources and for restoration of traditional employment. mitted to developing a ‘‘leading edge forest territories damaged by logging. This burden Many subsidies are not so high profile, industry that is globally recognized for its will fall on taxpayers, not the companies however. Undoubtedly, the most pernicious productivity and environmental steward- who have profited, resulting in a subsidy. In subsidy exists in the lax environmental ship.’’ Together, these two commitments 1999 this subsidy is estimated at between $233 standards that have long existed in BC. This provide an opportunity for structural reform million and $1.163 billion. situation permits the industry as a whole to of the forest industry that could have far- Tenure, BC logging companies operate pre- shift a vast array of costs out of its own pro- reaching consequences for the future of Brit- dominantly on public land and under govern- duction processes, and impose them instead ish Columbia’s environment and economy. ment licenses, or tenures. Because of BC gov- on logged out salmon streams, disrupted car- However, to fulfill its commitments, the ernment consistently undervalues the ibou habitat, and clearcut coastal water- new government must phase out the sub- stumpage rate, tenures have acquired a mar- sheds. In such cases, the fishing industry, sidies that have inhibited the logging indus- ket value related to the ongoing stumpage First Nations, and tourism operators pay the try from developing into an innovative, di- subsidy. Furthermore, the BC government costs of this industry. has allowed corporate interests to shut down The authors are self-described ‘‘ecological verse and sustainable industry. The elimi- nation of subsidies is necessary to create mills in violation of obligations in tenure economists.’’ To many readers, this will be agreement yet retain secure supplies of tim- an unfamiliar phrase. But it signifies a new that ‘‘leading edge forest industry’’, because existing subsidies encourage economic ineffi- ber, thus providing further corporate bene- type of economic analysis, a critically im- fits. portant analysis if society is to weed out our ciency and the depletion of resources. Exist- ing subsidies inhibit change, innovation and While the BC Liberal Party has made the landscape of perverse subsidies. As our com- general promise to eliminate business sub- mon sense tells us, the human economic sys- investment. They also hinder the develop- ment of value-added industry. sidies, it has also other more specific prom- tem is a subset of our natural ecological sys- ises that directly bear on the subsidies out- tem. Creating a sustainable future means re- This report focuses on subsidies to the BC forest industry. Subsidies occur when public lined above. These promises include: embedding our over-extended economy in the Create a market-based stumpage system resources are available to private interests natural world. that reflects global market realities and at less than their true cost. Resource indus- That challenge is, as the authors makes local harvesting costs; tries are frequently heavily subsidized, often clear, structural. The forest industry is Cut the forestry regulatory burden by one receiving ‘‘perverse subsidies’’—subsidies underpinned by a land tenure system that third within three years; that hurt both the economy and the environ- blankets the province. These long-term ten- Introduce a legislative framework for le- ment. As a result, subsidies to the logging ures artificially depress prices (through lack gally respecting Aboriginal Rights and Title industry deserve special attention in the BC of market competition) while they discrimi- and work to expedite interim measures government’s drive to eliminate business nate against innovative new entrants agreement with First Nations; (through exclusion from access to timber). subsidies. Develop a working forest land base on pub- Indeed, this is the very sort of state-char- The report examines five main categories lic land and fully protect private property tered, state-protected, and bloated industry of subsidies: rights and resource tenure rights. that, 200 years ago, Adam Smith railed Stumpage: The fee charged by government Depending on how these promises are im- against in his classic text, The Wealth of Na- to companies for harvesting trees from pub- plemented, they could help reduce subsidies, tions. Only by taking away their privileged lic land is called stumpage. This report con- but they could also dramatically increase position, Smith argued, could the natural cludes that flaws in the calculation method- the subsidies to the BC forest industry. abilities of the citizenry to innovate, and ology result in the BC government charging The Liberals also made other specific elec- prosper, be set loose. companies stumpage rates below market tion promises that speak to other potential Smith’s radical argument applies equally stumpage. The failure to ensure that the subsidies to the forest industry, including: in British Columbia today. Indeed, in a rules for calculating stumpage are equitably Apply 1% of all direct forest revenues, not thoughtful addition to the discussion of implemented and enforced provided a poten- including ‘‘super stumpage’’ to global mar- structural subsidies, the authors turn our at- tial subsidy of about $350 million over a two keting of BC’s forest practices and products; tention to the failure to pay due regard to and a half year period. Comparing BC’s Increase the Allowable Annual Cut over aboriginal entitlements to the resource base. stumpage to competitively driven stumpage time through incentives to promote en- As any economist will explain, market val- rates in similar timber regions in the US hanced silviculture. ues reflect the existing distribution of demonstrated total subsidies to the BC for- A high level of vigilance will therefore be wealth between sellers and buyers. In British est industry resulting from undervaluing of required to ensure that subsidies to the BC Columbia today, a whole group of buyers public timber at $2.8 billion for one year. forest industry do not persist or even in- (the forest industry) secures its products Bailouts and Handouts: Direct payment of crease under the Liberal watch. well below its potential costs because the cash to forest companies is the most readily The elimination of subsidies in any sector seller (the provincial government) excludes understandable of forest industry subsidies. causes economic change and human displace- another legitimate interest (First Nations) Although sometimes public investment may ment. As one researcher commented, from the bargain. This situation dramati- be justifiable to meet broader societal objec- Obstacles to removing subsidies tend to be cally skews the whole forest products mar- tives, the $329 million bailout of the anti- highly political. Opposition of vested inter- ket, drastically reducing the obligations of quated Skeena Cellulose mill is a textbook ests, local businesses and segments of the the corporate sector. example of a perverse subsidy. Handouts are workforce can be very powerful. Once pay- The authors have bravely raised the flag endemic in BC. The report documents ongo- ments are in place then a type of addiction on a critical topic for the new Liberal gov- ing efforts of the Job Protection Commis- follows, and there may be uncertainty and ernment in British Columbia. This paper is sioner to find ways to reduce company costs fear over the consequences of subsidy re- only a beginning, however. Much work re- through the use of public monies and moval. mains to be done to ferret out the true costs through regulatory waivers. This report therefore recommends that of an industry that has for too long gotten Waiver of Environmental Protection. When subsidies to the BC logging industry be by without public scrutiny. Despite its government allows industry to operate with- phased out gradually and carefully. avowed commitment to the ‘‘magic of the out full compliance with environmental leg- Taken as a whole, the federal and provin- marketplace’’, the new government will islation, industry is able to transfer the cost cial government subsidies of the BC forest quickly find that it is easier to continue of bad environmental practices onto the pub- industry are considerable and counter-pro- with the status quo than to challenge it fully lic, resulting in a substantial subsidy. In BC, ductive. The amount of subsidies coming and transparently. neither provincial nor federal environmental from the provincial government alone (in- Forestry is a powerful industry in BC, its rules related to forestry are being fully im- cluding those proposed by the Liberals) is be- power coming from exactly those subsidies plemented or enforced, allowing companies tween $3 billion and $6 billion each year. that must now be uncovered, re-examined to financially benefit from lack of regu- These subsidies represent a significant cost

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.010 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9151 to the taxpayers of British Columbia, while Simply put, this is a good trade The force of the Moose Fire is tre- encouraging over-exploitation of forest and agreement. The time is right for the mendous, as it burns on Forest Service, hindering the development of a modern, Senate to take up and pass it without private, and Glacier National Park competitive forest industry. British Colum- amendment. lands. People have reported to me they bians deserve better. f can smell the smoke as far away as f Chester, another even suggested as far U.S.-JORDAN FREE TRADE MONTANA WILDFIRES away as Minot. AGREEMENT Mr. BAUCUS. Mr. President, the loss For those listening who may not Mr. BAUCUS. Mr. President, I rise in of life battling catastrophic wildlife is know those distances, Minot is in support of S. 643, which implements the a tremendous tragedy that lends us North Dakota, 700, 800 miles away. All of our fire crews are working long agreement between the United States perspective. With the loss of four fight- days and long hours battling these and Jordan establishing a Free Trade ers in less than one week in my home blazes, and I just can’t praise them Area. The legislation passed the Fi- State, the fire season in Montana again enough. They have contained several nance Committee and is now on the reminds us that we must be deeply grateful for the hard and dangerous fires and they are winning the struggle Senate calendar. with the dangerous Fridley and Moose Jordan has been one of the few Arab work these firefighters do, work that takes them away from their homes and fires. states to actively work with the United Also, our Indian country firefighters States to establish a real and lasting their families to protect the people of Montana and the West. are again great heroes on our fire lines peace in the Middle East. The U.S.-Jor- in northwest Montana. Although dan FTA represents a solid trade agree- Let me honor the four firefighters who lost their lives battling fires in wildfires are devastating, our tribal ment as well as a strong signal of sup- neighbors continually step up to the port to a valued ally. Although Jordan Montana. On August 31, 2001, three men died in plate and meet this challenge full on. I is not currently a major trading part- a helicopter crash near the Fridley intend to work closely with the tribes ner of the United States, this agree- Fire just south of Livingston, MT. The to better incorporate them in the Na- ment should open the door for in- pilot was Rich Hernandez, 37, origi- tional Fire Policy planning process. creased trade and commerce between nally from Florida. His copilot, Santi I also intend to continue to work the U.S. and Jordan. More impor- Arovitx, only 28, was originally from hard for funding for fire rehabilitation tantly, it is my sincere hope it will Spain and had been living in Hillsboro, efforts. Many people tend to forget help to bring peace to the region OR. Their crew chief was Kip that the devastating effects of wildfire through economic stability. Krigbaum, 45, of Emmett, ID. remain long after the last flame has The principal feature of the U.S.-Jor- On September 3, David Ray Rendek, been put out. dan FTA is the mutual elimination of just 24 years old, was killed when The terrible mudslides that occurred tariffs within 10 years. Modeled after struck by a falling snag while working after heavy rains in the Bitterroot Na- the U.S.-Israel FTA, it also limits on a small fire in Bitterroot National tional Forest in Montana in June are a other non-tariff trade barriers and es- Forest, near Hamilton, MT. sober reminder of that fact. These tablishes a mechanism for the settle- David graduated from high school in mudslides destroy property, soil cover, ment of disputes. The agreement is Victor, MT, and attended classes at the and can devastate watersheds. We must also unique. Most notably, it specifi- University of Montana, in Missoula make sure that the appropriate Federal cally states that each country shall with his sister. I have been told he was agencies have the resources they need strive to maintain and enforce its re- a passionate advocate about the out- to restore burned areas and to deal spective labor and environmental laws. doors and was a dedicated firefighter. I with the long-term effects of fire on I recognize that these particular pro- am very sorry his family and Montana the ground. visions have sparked some debate. have lost such a promising young man. Again, I express my deepest gratitude However, I see them as historic My deepest sympathies and condo- to all of the men and women who put progress on a vexing issue. Not only lences go out to the family and friends themselves in harm’s way on the fire have they established a reasonable of these four men. We in Congress lines in Montana, and my deepest sor- standard that we should expect from honor their memory and the ultimate row and regret that they lost four of their comrades in the line of duty. any of our trading partners, they also sacrifice they made for the people of I will continue to do everything I can have catapulted this Congress and this Montana. We are very sorry for their administration into a real dialogue to- to make sure our crews have the man- loss. power and equipment they need on the ward defining a new international Unfortunately, the fires in Montana ground. The quicker our firefighters trade consensus. The Jordan agreement continue. Dedicated fire crews con- can contain these fires, the sooner we aside, I find it completely reasonable tinue to battle hostile weather condi- that we should expect our trading part- can take their lives out of danger. tions and high winds. Mr. President, I appreciate your at- ners to maintain their labor and envi- Montana fires have consumed over tention. I yield the floor and suggest ronmental standards. That’s simply 90,000 acres. The largest fires are the the absence of a quorum. good business. To weaken such stand- Fridley Fire near Livingston and the The PRESIDING OFFICER. The ards solely to gain a trade advantage Moose Fire burning in and around Gla- clerk will call the roll. would undermine a country’s credi- cier National Park. The bill clerk proceeded to call the bility—not to mention destabilize the The Fridley Fire has burned over roll. very trade relationship the FTA was 26,800 acres, and it is approaching the Mrs. FEINSTEIN. Mr. President, I intended to benefit. Gallatin Divide, increasing the threat ask unanimous consent the order for The U.S.-Jordan FTA has been nego- to the Bozeman water supply. Over the quorum call be rescinded. tiated and signed. The Bush Adminis- 1,000 people are fighting this fire. The PRESIDING OFFICER. Without tration supports it and has no inten- As of September 5, the Moose fire has objection, it is so ordered. tion or renegotiating a new agreement. burned more than 58,000 acres. There f The Jordanian Parliament ratified the are 35 20-person crews currently bat- Agreement last May. Our colleagues in tling the Moose Fire. MEXICAN PROGRESS IN THE DRUG the House have already approved the Fourteen are Montana crews and sev- WAR implementing legislation for the agree- eral crews come from Montana’s Indi- Mrs. FEINSTEIN. Mr. President, I ment. Jordan’s King Abdullah II visits ana Country—the Rosebud Sioux, have come to this Chamber because I the U.S. next week to urge passage of Ronan, Blackfeet Nation and Northern want to make a few comments of wel- the agreement. Cheyenne. Air Support includes 9 heli- come to President Vicente Fox. I had I hope his visit will encourage poten- copters and 3 air tankers. Other Mon- the pleasure of speaking with him at tial detractors to recognize the impor- tana crews include: Glacier Park, Bit- Secretary Powell’s lunch yesterday and tance for swift action and agree not to terroot Hot Shot Crew, Trapper Creek listening to him in the House of Rep- stand in the way of immediate consid- Job Corps, Kootenai National Forest resentatives in the joint session this eration of this vital legislation. and Flathead National Forest. morning.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.013 pfrm01 PsN: S06PT1 S9152 CONGRESSIONAL RECORD — SENATE September 6, 2001 Because I have been critical of Mexi- it is a big deal, because many of us who arrested while he was still Governor, co’s efforts to stop drug trafficking, have worked in this area for years be- asked to serve out his term of Gov- their unwillingness to arrest cartel lieve extradition is a major deterrent ernor of Quintana Roo, and then he dis- leaders, to vigorously prevent the laun- to the cartel leadership. appeared the day after he left office dering of drug money, their refusal to The defendant in the Supreme Court and has been gone. Well, he was ar- extradite a single Mexican national on case, Everardo Arturo Paez Martinez, rested in May for major drug crimes in drugs charges, and because of the wide- is a key member of the Arellano Felix Cancun, and today he is in a maximum spread corruption within the ranks of cartel. The United States has been re- security prison in Mexico. Mexican law enforcement, I thought I questing his extradition for years. He In February, the Government dis- should come to the Chamber today was extradited to the United States to mantled an entire cell of the Arellano while President Fox is in our country stand trial. He is here today. Felix cartel, perhaps the most vicious to say recent reports I have had indi- Miguel Angel Martinez-Martinez, an cartel operating right out of Tijuana. cate there has been truly a dramatic accused drug trafficker, was extradited They arrested 7 of its leaders. They change in Mexico. and is awaiting trial in San Diego. seized 8 houses, 18 vehicles, 19 firearms, I believe he is to be commended for Martinez is a principal figure in the and communication devices. that. It looks as if he is responsible for Joaquin ‘‘Chapo’’ Guzman Organiza- Seizures of illegal drugs have been on an entirely new attitude on the part of tion. This Sinaloa-based cartel is be- the rise. Some of them are at an all- his country in the fight against drugs. lieved responsible for smuggling tons time high. In February, the Mexican I wish to take a few moments to com- of cocaine and other illicit narcotics Government seized 14 tons of mari- mend him and to say how important into the United States over many juana in cookie boxes; in April, another this is to the United States and to the years, and for trying to build a 1,400- 131 tons. In February, they seized 8.8 people of this country. foot tunnel from Tijuana to Otay Mesa tons of cocaine aboard the fishing ves- We all recognize that we have a de- in California. sel Forever My Friend, and the 10 crew mand problem in this country. In fact, Rafael Camarena Marcias has also members have been transported to San there is even a growing demand prob- been extradited to the United States. Diego; in May, another 12 tons of co- lem in Mexico today as well. But, nev- He was responsible for successfully caine aboard a vessel flying a Belize ertheless, the flood of narcotics across building a tunnel between Agua Prieta, flag. Overall, this past year, 24 tons of the border represents a major problem Senora, and Douglas, AZ, through cocaine have been seized from fishing for both our nations. It brings with it which up to 2 tons of cocaine flowed vessels as a result of cooperation be- also collateral problems in the United every day. tween Mexico and the United States. States and in Mexico: violence, corrup- Extradition has always been the The Mexican Government has also tion, and even, as we have seen, the most visible and effective sign of how addressed the serious issue of internal brutal torture and murder of literally seriously the Mexican Government is corruption. The captain of the Mexican hundreds of public officials, judges, taking the fight against drug cartels. I Army, Luis Rey Abundis Murga, was prosecutors, journalists, and any who am very proud to say thank you to sentenced to 17 years in prison for as- dare either to cross the cartels or stand President Fox and to the Government sisting the Carillo Fuentes cartel. Re- in their way. of Mexico for their cooperation in this tired general, Jorge Mariano It is fair to say that these major con- regard. Maldanado Vega was sentenced to 26 sequences of the drug trade require It is not easy for Mexico to target years for aiding the same organization. that we solve the problem together. these individuals and send them to the And Mario Silva Calderon, former Simply put, the Fox administration United States for trial. It is politically agent of Mexico’s national police, was has made more progress in the war difficult, for many in Mexico do not be- sentenced to 36 years in prison for against drugs over the last 6 months lieve that Mexican citizens should face similar activity. than the Government of Mexico made trial in the United States, and it is dif- As Donnie Marshall, former head of over the previous 9 years. ficult for personal safety reasons as the DEA, testified before the drug cau- I would like to share some examples, well. cus earlier this year, no one country some specifics, if you will, of the Let me give an example. The lawyer can possibly combat the wealth and so- progress made by Mexico through the who represented Everardo Arturo Paez phistication of these major drug traf- leadership of this brave new President. in opposing extradition for 3 years and ficking organizations. Only by cooper- Prior to the Fox administration, not who failed to prevent his extradition ating and sharing locally gathered in- one major Mexican national drug car- was found murdered. That is the re- telligence and assets can we hope to tel member had ever been extradited to ward for not succeeding with a cartel. succeed. the United States on drug charges—not I am told that others may well be in That is why I am so encouraged by one, ever—despite a whole list of pend- personal jeopardy as well. the progress being made by the Fox ad- ing requests. President Fox’s leadership has given ministration. Since President Fox took office, how- the entire country new courage to In the past I know that American law ever, this has changed dramatically. In stand against the cartels, their killers, enforcement and even Mexican law en- fact, I had the privilege, at the Davos and their traffickers. forcement felt that the other side could World Economic Summit, in January, In addition to extraditing those al- not be trusted. Now finally that is to meet briefly with President Fox. At ready under arrest, the Mexican Gov- changing. A new 117-member Mexican that time I handed to him directly a ernment has also made new arrests of organized crime unit, which works list of requested extraditions, prepared certain leaders of Mexican cartels. hand in hand with our DEA, has fos- by our Drug Enforcement Administra- Adan Amezcua, one of the three tered new relationships and trust be- tion. He said he would take action. I Amezcua brothers, was arrested in 1997, tween the law enforcement agencies of did not really believe him at the time, but he was freed by a corrupt judge our two nations. It is only with this but he has. who has since been fired from the type of cooperation that we can hope After years of court battles, earlier bench. Amezcua was rearrested by to defeat the drug cartels and stem the this year the Mexican Supreme Court Mexican officials this past May. flow of illegal drugs onto the streets. ruled that Mexican nationals could, in- Why are they important? The Before I yield the floor, I would like deed, be extradited to the United Amezcua brothers are major meth- to address one request President Fox States. amphetamine traffickers. They are re- made earlier today regarding passage Since January, 14 fugitives have been sponsible single-handedly for the intro- of S. 219, the Dodd certification legisla- extradited to our country from Mexico. duction of methamphetamine through- tion. Four of these were Mexican nationals, out this country. Indeed, the cartel and Let me be clear: I continue to sup- and three of the four, for the first time, its nationals still run meth labs port the certification process. We have were Mexican nationals extradited on throughout the United States. nothing to replace it. I happen to be- major drug charges. That may not In cooperation, the Governor of Quin- lieve it has some salutary value. Be- sound like much, but I can assure you tana Roo, Mario Villaneuva, who was cause President Fox has asked, I would

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.031 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9153 be prepared to support a suspension of I have traveled twice to the city of of the Colombian military and govern- the certification process with regard to Barrancabermeja, sometimes called ment, at the local and even national Mexico for the 3 years as requested by ‘‘the Sarajevo of Colombia.’’ During level. President Fox. I would do so because he those visits, I have come to know the The Colombian government must asks and in the new spirit of coopera- extraordinary and courageous work of find a way to respond to the para- tion between our two nations. I would a Colombian non-profit program based military threat. It is a threat to the be very pleased to work with my col- in a largely rural region of oil refin- rights of free speech, free assembly, leagues to pass such legislation imme- eries, rivers, and mountains. In many and moreover, the rule of law in Co- diately. hamlets and towns it provides the only lombia. We must send a message to all I am not, however, prepared to aban- hope amidst so much despair. violent actors in Colombia, especially don the process entirely with respect The Program of Development and parammilitary groups: ‘‘The targeting to all countries, as S. 219 would do. Peace of the Magdalena Medio, located of the civilian population with murder, There are many places in the world in Barranca, is lead by the Jesuit Fa- extortion, kidnapping, torture and where progress has not been made. ther Francisco De Roux. The Pro- multilation is unacceptable!’’ Syria, Iran, Burma, and Afghanistan gram’s name gives away their mis- The United States has an obligation are just a few examples of continuing sion—sustainable, locally based social to nurture and defennd civil society ef- major problem countries. Only a robust and economic development in the con- forts in Columbia. The Program of De- certification process gives Congress text of an inclusive community at velopment and Peace of the Magdalena and the President the tools we need to peace. They stand for democracy, civil Medio is doing critically important encourage change in these nations. rights, and human rights. They are work, helping Colombians find a way I hope the Senator from Connecticut against the war, and have no enemies out of the labyrinth of war and terror. would work with me on a compromise in the conflict. They need and deserve our thanks and that would address only Mexico so we They strive for an inclusive commu- our encouragement; for they represent the future of hope and peace for Colom- can move forward on this issue. nity where disputes are settled by civil In closing, I again welcome President authorities and not by armed gangs. bia. In my view, a peaceful, prosperous Fox to the United States. We look for- They want to provide opportunity for Colombia is a better neightor and part- ward to working with him in our con- all in their community to work and ner of the United States. We must de- tinuing mutual fight against the drug raise they families in peace and dig- fend these courageous people who daily nity. But paramilitaries are taking cartels. I personally, deeply, say thank risk their lives for human rights, de- over their region and extrajudicial you and salute this brave and coura- mocracy and peace. Given our deep in- killings are a daily threat. geous new President. volvement in Colombia, we have an op- Recently, they have been beset by I yield the floor. portunity, and a duty, to defend Co- The PRESIDING OFFICER. The Sen- tragedy. Two defenseless staff members lombian civil society against the ator from Minnesota. have been killed and multilated. Ms. abuses of guerrillas and paramilitaries Mr. WELLSTONE. Mr. President, I Alma Rosa Jaramillo was a volunteer alike. thank the Senator from California for attorney, a dedicated mother and cou- Mr. President, I traveled twice to the her fine words. It was a superb speech rageous member of her community. city of Barrancabermeja, sometimes President Fox gave today in joint ses- Her dismembered body was found in called the ‘‘Sarajevo of Colombia.’’ sion. the community of Morales on July first During the visits, I have come to know f of this year. On July 17, another brutal a very courageous priest who is in assassination took the life of Eduardo MAGDALENA MEDIO charge of an organization, a nonprofit Estrada. He was murdered right in organization, that does the economic Mr. WELLSTONE. Mr. President, front of his family, after a family re- and social development work in a sometimes one speaks in the Senate union. He was a respected leader in the largely rural region of oil refineries, Chamber and is not sure what exactly community of San Pablo, working as rivers, and mountains. For many ham- the effect of it all is—maybe more than the coordinator of the Program of De- lets and towns, this organization is the sometimes. velopment and Peace. only hope for people. I am speaking today on behalf of a Why are these innocent people, who The name of the organization is the lot of the human rights workers and are doing such good work, being tar- Program of Development and Peace of social service workers and community geted? Lamentably, these are just two the Magdalena Medio located in development workers, civil society peo- more examples of paramilitary impu- Barranca, led by a Jesuit priest named ple in Colombia. I am hoping—I will be nity in Colombia. Francisco de Roux, also called Father very straightforward about it; I don’t As the Plan Colombia debate has un- Poncho. The program’s name gives think this is illusion—that the words folded in the U.S. Senate, we have away its mission. The occupant of the of a Senator on the floor of the Senate come to know the terrible reality of Chair would love it as a businessperson about a priest and about a very impor- the last few decades for the people of and a Senator from New Jersey. They tant organization, of which two mem- Columbia—kidnaappings, assassina- do the most credible local sustainable bers have been brutally murdered in tions, disappearances and terror by the economic development work. They the last 35, 40 days, communicates a guerrilla and the paramilitary organi- stand for democracy, civil rights, and message that our Government cares zations. I am no defender of the guer- human rights. They are against the deeply about human rights in Colombia rilla organizations. They are vicious in war. They are not aligned with the and about the importance of the Gov- their treatment of the civilian popu- FARC, ELN, or any of the left groups— ernment and the military defending lation and publicly renounce univer- the paramilitary—and they should civil society individuals. sally accepted human rights standards. have no enemies in this conflict. I rise today to speak out on behalf of But the paramilitary organizations, This organization has been beset by many defenseless human rights work- because of their open association with tragedy. Two defenseless staff members ers, social service providers and com- the Colombian military, also must be have been killed and mutilated. Ms. munity economic development work- held to the highest standards of human Alma Rosa Jaramillo was a volunteer ers, in our neighbor Colombia, who are rights. They cannot be allowed to jus- attorney, a dedicated mother and a besieged by the growing paramilitary tify their human rights abuses by courageous member of her community. violence in their county. These individ- equating the laudable civic involve- Her dismembered body was found in uals, some of whom I have come to ment of those they persecute, with the community of Morales on July 1 of know personally, all of whom I greatly sympathy for the guerrillas. The para- this year. On July 17, another brutal respect, are heros for their contribu- military organizations have penetrated murder took place. This assassination tions to democracy and peace in Co- ever deeper into Colombian civil soci- took the life of Eduardo Estrada. He lombia. They deserve to be heard and ety, bringing their terror to commu- was murdered right in front of his fam- to be aided by the United States gov- nities all across Colombia. In many ily after a family reunion. He was a re- ernment. cases, they do so with the acquiescense spected leader of the community in

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.034 pfrm01 PsN: S06PT1 S9154 CONGRESSIONAL RECORD — SENATE September 6, 2001 San Pablo, working as the coordinator ment and the military and the police Union members and activists are of the Program of Development and to defend us. That is what I am doing. among the main targets of human Peace headed up by Father Francisco That is supposed to be part of Plan Co- rights violations—including murders, de Roux. lombia. disappearances and threats—in the es- Why are these innocent people, doing We have a deep involvement in Co- calating conflict in Colombia. Para- this economic development work—who lombia. Therefore, we have an oppor- military groups, who are linked with have done such good work—why are tunity and a duty to defend Colombian Colombian security forces, are respon- they being targeted? Lamentably, civil society against the abuses of the sible for most of these attacks, al- these are just two more examples of guerrillas and the paramilitaries alike. though guerrilla groups have also tar- paramilitary impunity in Colombia. The message needs to be commu- geted activists. I intend for this statement not only nicated to the military in Colombia The right-wing AUC has been espe- to be made on the floor of the Senate, that with the Blackhawk helicopters cially brutal, killing hundreds simply but I hope it is sent out throughout Co- and the military assistance come because they view union organizers as lombia. As the Plan Colombia debate human rights conditions you have to subversives. One of the most recent has unfolded in the Senate, we have live up to. Otherwise, we are going to killings occurred on June 21, when the come to know the terrible reality of continue to see the murder of innocent leader of Sinaltrainal, the union that the last few decades for the people of people with impunity. represents Colombian Coca-Cola work- Colombia—kidnappings, assassinations, I want this statement to certainly be ers, Oscar Dario Soto was gunned disappearances, and terror by the guer- sent out to Colombia because I want down. His murder brings to seven the rilla and paramilitary organizations. the paramilitary forces and others to number of unionists who worked for I am no defender of the guerrilla or- know we are paying attention to Fa- Coca-Cola and were targeted and killed ganizations. The FARC and ELN are ther Francisco de Roux and his organi- by paramilitaries. Earlier this summer, involved in narcotrafficking up to their zation, the Program for Development the International Labor Rights Fund eyeballs. They have been vicious in and Peace, and their work, and that we and the United Steelworkers of Amer- their treatment of the civilian popu- mean to defend civil society people. ica brought a suit against the Coca- lation. They publicly renounce univer- Again, I want to point out that the Cola company alleging that the Colom- sally accepted human rights standards. Colombian Government has an obliga- bian managers had colluded with para- But the paramilitary organizations, tion to defend civil society people from military security forces to murder, tor- the AUC, because of their open associa- the violence both from the guerrilla ture and silence trade union leaders. tion, because of their extrajudicial left and the paramilitary right. Up to According to a recent New York killings and open association, espe- date, they have not defended people Times report by Juan Forero, the num- cially at the brigade level with the Co- from violence in Barranca, which I ber of union workers at Coke plants in lombia military, must be held to the have visited twice now. The para- Colombia has dropped to 450 from 1,300 highest standard of human rights. military cut the telephone wires, iso- in 1993. Total Sinaltrainal membership They cannot be allowed to justify their lated the people. They have no phone has dropped to 2,400 from 5,800 five human rights abuses by equating the service. They took away their cell years ago. laudable civic involvement of those phones and moved into their homes. Regardless of the outcome of this they persecute with the sympathy for They control the city. With the excep- particular legal case, U.S. companies the guerrillas. The paramilitary orga- tion of the bishop and the priest and with subsidiaries in Colombia have an nizations penetrated ever deeper into his organization, and a few others, obligation to address the upsetting Colombian civil society and brought hardly anybody can speak up any trend of violence against workers, par- terror to many of the communities—in longer without the real risk that they ticularly union representatives. It is many cases, with the acquiescence of will be murdered. clear that some companies regularly the military. Francisco de Roux’s organization, hire out paramilitary gunmen to in- I rise as a U.S. Senator on the floor widely credited for this great economic timidate and kill in order to break of the Senate to communicate a mes- development work, has had two mem- labor unions. Last year alone, at least sage to the Colombian Government bers—a woman and a man—dis- 130 Colombian labor leaders were assas- that the paramilitary should not be al- membered, brutally murdered. It is sinated. Four times as many union lowed to murder civil society people, time for our Government to make clear workers have been killed this year as defenders of human rights, people to the Colombian Government and po- during the same time last year. That’s doing good work, as the men and lice and military that they have to de- more than 80 unionists killed since the women in Father Francisco de Roux’s fend these civil society people. beginning of this year. organization do, with impunity. We f Colombia, like the United States, must send a message to all the violent guarantees workers a legal right to or- UNIONS UNDER SIEGE IN actors in Colombia, especially the ganize. However, when they do, they COLOMBIA paramilitary groups: The targeting of face grave threats. This is a serious the civilian population with murder, Mr. WELLSTONE. Mr. President, I violation of human rights, under Arti- extortion, kidnapping, torture, and rise today to also address the dis- cle 22 of the International Covenant on mutilation is unacceptable. Our Gov- turbing level of violence perpetrated Civil and Political Rights. The Colom- ernment has an obligation to nurture against Colombia’s union leaders. bian government must take an active and defend civil society efforts in Co- As another Labor Day passes, I could role in protecting and ensuring that lombia. The Program of Development not in good conscience neglect to men- these rights are enjoyed by all its citi- and Peace of the Magdalena Medio is tion the plight of our brothers and sis- zens. doing critically important work. They ters in the Colombian labor movement. Likewise, the Senate should bear in need and deserve our thanks and en- There has been a dramatic escalation mind the deteriorating plight of union couragement. They represent hope and in violations against them and the re- membership in Colombia before send- peace for Colombia. sponse by the Colombian authorities in ing additional military aid to a govern- Before you came to the chair, Mr. the face of this crisis has been neg- ment that can’t—or won’t—crack down President, I was saying this organiza- ligible. on paramilitary forces. tion is doing the best, by all accounts, For the past 15 years, Colombia has I yield the floor. social and economic development been in the midst of an undeclared war I suggest the absence of a quorum. work. This priest is beloved and highly on union leaders. Colombia has long The PRESIDING OFFICER (Mr. CAR- respected. Two members of his organi- been the most dangerous country in PER). The clerk will call the roll. zation have been brutally murdered in the world for union members, with The legislative clerk proceeded to the last 40 days. Their plea, and the nearly 4,000 murdered in that period. call the roll. plea from many civil society people in Today, three out of every five trade Mr. VOINOVICH. Mr. President, I ask Colombia, is: Please, U.S. Government, unionists killed in the world are Co- unanimous consent that the order for please U.S. Senate, call on the Govern- lombian. the quorum call be rescinded.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.035 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9155 The PRESIDING OFFICER. Without cal year 2002 will likely grow faster As my colleagues know, for years suc- objection, it is so ordered. than that anticipated by CBO. That cessive Congresses and Presidents have Mr. VOINOVICH. Mr. President, I ask means next year we will not have an spent money on things that, while im- I be given an opportunity to speak as on-budget surplus and we are going to portant, they were unwilling to pay in morning business. spend Social Security surplus funds to for; or in the alternative, do without. The PRESIDING OFFICER. The Sen- cover the growth in spending. That is In the process, Washington ran up a ator from Ohio is recognized. where we are. staggering debt and mortgaged this f Alarm bells should be going off all country’s future, my children’s future, over Capitol Hill because we are get- and my grandchildren’s future. BUDGET SURPLUS NUMBERS ARE ting ready to do something Senators We have been reaping all the benefits NOT GOOD and Representatives from both parties and putting the future of our children Mr. VOINOVICH. Mr. President, have vowed not to do, and that is spend and grandchildren in jeopardy. In other while the Senate was in recess for the the Social Security surplus. I often say words, ‘‘we buy now, you pay later.’’ month of August, the Congressional ‘‘there is always some good that blows I cannot convey how wrong I think it Budget Office released its projections in an ill wind.’’ In this case, the ‘‘ill is to saddle them with such an exces- as to the size of the Nation’s surplus. wind’’ is Congress’s potential use of the sive financial burden, something this As we expected, the numbers were not Social Security surplus. The ‘‘good’’ is Congress should correct. Using the So- good. the hope that it will force Congress to cial Security surplus to repay the pub- For fiscal year 2001, the CBO indi- control spending, prioritize, and make licly held national debt will make it cates the Federal Government will not hard choices—what the Presiding Offi- easier for the Government to meet its only not have an on-budget surplus for cer and I had to do when we were Gov- obligation to pay Social Security bene- the first time since 1999 but that Wash- ernors of our respective States. We had fits in the future. At this point, the ington will actually dip into the Social to prioritize, we had to make those vast majority of projected debt reduc- Security surplus to the tune of $9 bil- tough choices and live within a budget tions—some 75 percent over the next 10 lion in order to cover spending. limit. years—will be out of that Social Secu- The Office of Management and Budg- We didn’t do that in fiscal years 1999 rity surplus. et says we will have a $1 billion sur- and 2000 here in Washington. We had a In testimony before the Senate Budg- plus, but, in my view, that is effec- combined on-budget surplus of $88 bil- et Committee last year, Dan Crippen, tively no surplus. So our financial situ- lion and Congress and the previous ad- the CBO Director, stated ‘‘most econo- ation this year is basically somewhere ministration did not believe they had mists agree saving the surpluses and between a negligible surplus at best to make hard choices. paying down the debt held by the pub- and a $9 billion deficit. Well, things are different today, and lic is probably the best thing we can do Some of my colleagues might look at now we must make the hard choices. relative to the economy.’’ the CBO midterm budget review and The first thing we have to do is avoid It was true then and it is true today. see the problem of on-budget deficits as spending the Social Security surplus. If the Government has little or no pub- a short-term phenomena since CBO The second thing we have to do is not licly held debt when the baby boomers projects a return to consistent on- increase taxes. According to a national begin to retire, it will be more manage- budget surpluses after 2004. poll released by CBS news just yester- able for the Government to borrow This belief is misplaced. I remind my day, more than 70 percent of Americans money, the money that it will need to colleagues that CBO’s forecast is based opposed using the Social Security sur- meet its obligations if Congress has not on the dubious assumption that spend- plus to fund general government spend- reformed Social Security by that time. ing in the outyears will increase only ing; 66 percent of Americans oppose The baby boomers will retire. We will at the rate of inflation, which is rough- using the Social Security surplus even either take care of their situation by ly 21⁄2 percent. To say that level of in the event of a recession. Our con- raising payroll taxes or raising income spending is unrealistic is an under- stituents are making it pretty clear taxes or having to borrow the money. statement, and anyone in this Chamber where they stand. They stand against We ought to at least anticipate that. who honestly thinks Congress can keep spending the Social Security surplus. Everyone knows that the lockbox we spending at the level of inflation just Some of my colleagues and the media are talking about is nothing more than does not live in the real world. say we should spend the Social Secu- a slew of IOUs that must be repaid I remind my colleagues, around this rity surplus to stimulate the economy. when the baby boomers start to retire. time last year, Congress increased non- I say to that, ‘‘hogwash,’’ and so do the As I mentioned, either higher payroll defense discretionary spending 14.3 per- American people. For me, spending the taxes or higher income taxes or bor- cent and overall spending was in- Social Security surplus is black and rowing the money, those bills will be creased by more than 8 percent over white. It is simply wrong. The fact of paid, one way or another. fiscal year 2000. Had we not spent the matter is there is a difference be- Moreover, by reserving the Social Se- money like drunken sailors in the fis- tween income taxes and payroll taxes. curity surplus to help repay that $3.1 cal year 2001 budget, even with the eco- Just ask the people who count, the trillion publicly held debt, money cur- nomic turndown and the needed tax cut hard-working men and women who pay rently invested in U.S. Treasury bonds for the American people, Congress those payroll taxes, if there is a dif- will be released to be invested more would not have invaded the Social Se- ference. More people pay higher payroll productively in the private sector. curity this year. The problem is we taxes in this country today than they More private investment means more just spend too much money. If we had do income taxes. They expect that capital formation and a more robust increased overall spending in fiscal money will be used for their Social Se- economy now and in the future, which year 2001 by only 6 percent, we would curity benefits and not for general gov- is precisely what we need most to meet have saved tens of billions of dollars ernment spending. the demands of our retiring baby and we would not be dipping into the As my colleagues know, there are boomers. We have to have a growing Social Security surplus and we would only two things we should legitimately economy. That is the most important not have a problem in the 2001 budget. spend the Social Security surplus on: thing we have. The concern now is, what will happen Social Security benefits or paying Reserving the Social Security sur- in fiscal year 2002? As it is, we are on down the debt. It is that simple. If we plus to reduce the publicly held debt track to increase 2002 discretionary are not spending it on Social Security, has the effect of reducing interest rates spending by at least 6 percent over last we have a moral responsibility to use it by reducing the overall demand for sav- year. The President originally talked to pay down the national debt. ings. In short, reserving the Social Se- about 4 percent, and we came out of One of the primary reasons I wanted curity surplus to lower the debt sends a the Senate with roughly a 5-percent in- to serve as a U.S. Senator was to have positive signal to Wall Street and Main crease. Based on the current demand an opportunity to bring fiscal responsi- Street that encourages more invest- for money in Washington and based on bility to our Nation and help eliminate ment, which in turn fuels productivity our past performance, spending in fis- the terrific debt we have accumulated. and economic growth. It also lessens

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.037 pfrm01 PsN: S06PT1 S9156 CONGRESSIONAL RECORD — SENATE September 6, 2001 our cost of servicing interest on the ratcheting it up a little bit until we get about the likely steps we will be fol- Federal debt. to the biggest ones at the end, and then lowing in the near future. Currently, we pay 11 cents out of we say: Holy smoke, we don’t have the As I see it, Congress has a real oppor- every dollar—I don’t think a lot of peo- money; and then Katie bar the door. tunity this fall to set an energy policy ple realize this—11 cents out of every That is what has happened in the last that will sustain our economic pros- dollar is used to pay the interest on 2 years I have been here. perity as we move into this new 21st our debt. Lower the debt and you lower I urge the President and urge the century. The Senate has a key role to the interest burdens, and that frees Senate leadership, let’s get real. Let’s play in seeing this opportunity does more money for other priorities. look at what we are doing and under- not slip through our grasp. It was not until 1999 that we got to a stand we cannot do everything for ev- A great deal has changed since 1992, point where the Social Security sur- eryone, and try to figure out how we which is the last time Congress enacted plus was no longer used to offset spend- can live within the limits we have set. major energy legislation. We have seen ing—being used for debt reduction in- We can do that. I think it would be the energy markets become more competi- stead—and members of each party in finest thing we could do for this coun- tive and more dynamic. But we have both the Senate and House swore they try. It hasn’t been done around here— also seen some significant bumps along would not go back to using the Social I don’t remember if it has ever been the way. Security surplus for spending. In addi- done since I have been watching gov- First of all, consumers are more vul- tion, many of us who supported the ernment, and I have been watching it nerable to the vagaries of the energy President’s tax reduction package did as a mayor and as a Governor for 20 markets than they ever were before. I so because the President promised he years. I would like to see that happen. think the evidence we have of what would limit spending and he would use The other thing I am going to try to happened in California with electricity all of the Social Security surplus to do to guarantee we do not end up prices is one example. pay down debt. spending the Social Security surplus is Second, gasoline supplies are increas- I refer to that as a three-legged stool: offer two amendments in the near fu- ingly subject to local crises and price No. 1, it allows meaningful tax reduc- ture, with colleagues from both sides of spikes due to the proliferation of in- tions; No. 2, it restrains the growth of the aisle, that will force the Senate flexible local fuel specifications. spending; and No. 3, it reduces debt. and House to make the necessary hard Third, we rely more heavily each That was the promise and I expect choices that will bring fiscal discipline year on natural gas—natural gas to the President to keep his promise. I to the Government and keep the Social heat our homes and to produce elec- know many of us who supported the Security surplus from being used. tricity. But our system for producing tax reduction will keep our promise to My first amendment I will introduce and transporting that natural gas is limit spending, and we are not going to will address Congress’s perpetual irre- showing signs that it is reaching its spend the Social Security surplus. sponsible spending and budget gim- So far in the appropriations process limits. micks, gimmicks that Congress used in Fourth, the need to address the fun- we look like we are on track to main- 1999 to avoid the appearance of using tain a semblance of fiscal discipline be- damental connection between energy Social Security. There are a lot of and global warming is something that cause we are basically sticking with them out there. We have to make sure the budget resolution. Those appear- is becoming a major concern of many we are honest with the public about of us, and I think rightly so. ances are deceiving because we are what we are doing and not try to pull So I am pleased most of my col- holding off the toughest bills for last, the wool over their eyes. leagues in the Senate recognize these instead of tackling them first. We all The second amendment I will be of- challenges. I believe there is a bipar- know the way things are going, we are fering is an amendment to guarantee tisan consensus in favor of a sensible likely to increase spending for defense Social Security funds will not be spent energy policy that will smooth out the and education far beyond the levels an- and instead will be used to reduce debt. bumps in the market by increasing en- ticipated when the budget resolution It is my hope, as we proceed through ergy efficiency, by boosting our energy was passed. Like my colleagues, I sup- the appropriations process, these supplies, by modernizing our energy in- port a strong national defense and amendments will be given favorable frastructure. funding for true educational respon- consideration by my colleagues and not sibilities. However, I think we must turned aside on a procedural vote. We Technology and policy innovations offset increases in these programs by ought to have an up-or-down vote on will be key to achieving this balanced making reductions in other areas, un- some of these issues that are really outcome so Americans can have reli- derstanding the President is not going going to clarify the process and make able and affordable energy choices that to get everything he wants and Mem- what we do in the Senate more trans- are sustainable over the long term. Our bers of this body are not going to get parent. We owe the American people energy problems cannot be effectively everything they want. nothing less. addressed by packaging up a collection Unfortunately, that is not what we Mr. President, I yield the floor. of tired old wish lists and passing that are doing. I agree with President Bush The PRESIDING OFFICER. Who through the Senate floor in a day or that the responsible course of action seeks recognition? two. Energy consumers and producers, for the Congress is to immediately The Senator from New Mexico. and several committees here in the move up the two biggest appropriations Mr. BINGAMAN. Mr. President, I ask Senate, will need to focus on new en- bills, Defense and Labor-HHS: Consider unanimous consent I be allowed to ergy approaches if we are to protect them first. We need to get everything speak for up to 15 minutes in morning our national economic prosperity and on the table and reallocate resources in business. do so through smarter ways to produce order to stay within the budget limits, The PRESIDING OFFICER. Without and use energy. just as I did when I was Mayor of objection, it is so ordered. For this reason, as the Senate takes Cleveland and Governor of the State of f up and considers energy legislation Ohio. this fall, we will be talking about the If we were in this kind of situation in ENERGY POLICY need for proactive policies, about the a county, or in a city or at the State Mr. BINGAMAN. Mr. President, I will need for technology-driven approaches level, we would get everything on the take this opportunity to speak for a to our energy problems. We have made table, we would look at all the things few minutes on the work that is cur- a good start already in the Committee that need to be done, and say we have rently underway in the Energy and on Energy and Natural Resources. We to reallocate these resources. But not Natural Resources Committee on began our markup in July, before the in the U.S. Senate. Not in the U.S. which the Presiding Officer serves with August recess—a markup of com- Congress. We do these appropriations great distinction. We are making an ef- prehensive energy legislation. bills, No. 1 with blinders on, No. 2 with fort in that committee to develop a The first part of the bill that we have blinders on, No. 3 with blinders on—we comprehensive and balanced energy substantially completed at this point is go all the way to the end and just keep policy. I want to inform my colleagues a comprehensive revitalization of the

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.039 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9157 national capabilities for energy re- They also want to be able to count on With respect to new energy sources, search and development. Putting re- reliable and affordable fuel supplies. it is important that the Senate look to search and development first reflects a While CAFE standards are not in the policies that will truly improve our broad consensus that new science and Energy Committee’s jurisdiction, a supplies of domestic energy security, new technology are at the core of any number of other mechanisms to en- including measures to improve our sup- solution to our national energy chal- courage greater fuel efficiency in cars ply of natural gas and to diversify our lenges. Despite the importance of en- and trucks are in our jurisdiction. The energy mix to include a greater reli- ergy R&D, our recent commitment to mark will contain purchase require- ance on domestic renewable resources. it leaves a great deal to be desired. The ments for Federal fleets that will pro- These are the types of provisions that level of effort we are making today in vide greater incentive to automobile I will include in the Chairman’s mark. Federal energy technology research and truck manufacturers to produce I will not be including in the mark and development is equivalent in con- more highly efficient vehicles. any provisions relating to drilling for stant dollars to what we were making A topic closely allied to vehicle fuel oil in the Arctic National Wildlife Ref- in 1966. Yet our economy is three times efficiency is the question of the fuels uge. The debate over oil drilling in the larger today than it was in 1966. It is that we will need in the future to Arctic National Wildlife Refuge—a very hard to see how we can build a power cars and trucks. Here, the Con- long-standing bone of contention in en- gress has a clear duty to address the 21st century energy system on a 1960s ergy policy—is in many ways a distrac- growing multiplicity of fuel specifica- level of effort in the research and de- tion from more important opportuni- tions around the country. Part of the velopment budgets. ties to bolster our domestic energy se- The committee will begin its delib- solution to this problem will be pro- curity. Oil produced from the arctic erations beginning this next week and vided by a bill in the Committee on En- refuge is not likely to influence the its effort to mark up a bill this next vironment and Public Works, spon- world price of oil, or the prices that week. Major topic areas before the sored by Senators SMITH and REID. I U.S. consumers pay for gasoline. I plan committee as we move forward in this hope that these provisions find their to focus attention in the Energy Com- way into our overall energy bill in the markup will include policy proposals mittee mark-up on a number of issues Senate. to improve energy efficiency, to im- that will have a greater impact on our The Chairman’s mark will include a domestic production of oil and gas and prove our ability to produce energy number of energy efficiency provisions a larger near-term impact than drilling from a great diversity of sources, and relating to appliances. Perhaps the to tackle the tough issues related to in the Arctic. most visible proposal in this regard The first such issue is another Arctic electricity restructuring. will be one that enacts a 13 Seasonal Today I am releasing a detailed de- resource that could be brought to U.S. Energy Efficiency Rating for central scription of the proposed chairman’s markets—natural gas. The exploration air-conditioning units. Such a standard mark in these various areas. I am also for oil in the Prudhoe Bay region of was finalized earlier this year, but releasing the text of the major portions Alaska has resulted in the discovery of since then the Bush Administration abundant supplies of natural gas, but of the bill we will be working on in has attempted to withdraw it and sub- there is now no way to bring that gas committee—the next major portion of stitute a lesser standard. The Com- to markets in the lower 48 States that the bill. This part of the bill will deal mittee on Energy and Natural Re- could benefit from it. The projection of with electricity, and it will provide a sources held hearings on this topic and growing demand for natural gas has re- framework to integrate new tech- the record before the committee has awakened interest in building a pipe- nologies into electricity markets to persuaded me that the administration line from Prudhoe Bay to Alberta, Can- provide high-quality, efficient elec- based its decision on economic infor- ada, where it would join with existing tricity generation in every community mation that was outdated and inac- and to give consumers new ways to curate. gas pipelines that serve the United manage and control energy use and en- A 13 SEER rating for central air-con- States. That pipeline would be an enor- ergy costs. ditioning units can do a lot to help mous construction project on the part I would like to take an opportunity avoid summer blackouts and brown- of the private sector, requiring perhaps to describe some of the key proposals outs when high temperatures send elec- 2,000 miles of steel pipe and costing $20 in the mark that we will be considering tricity demand soaring. During the in- billion. A lot of spurious job numbers in a little more detail. With respect to tense heat wave we had in early Au- have been floated about drilling in the energy efficiency, the chairman’s mark gust, which was felt nationwide, peak Arctic Refuge. The gas pipeline would that we will be considering for the en- demand from air-conditioning did, in be the real thing as far as job creation ergy policy bill will contain provisions fact, lead to problems in electricity is concerned. that will improve energy efficiency in availability in some parts of the coun- If we do not act while there is sub- household appliances—also provisions try, while others were uncomfortably stantial private-sector interest in that will improve energy efficiency in close to the margin. We need to build building the Arctic gas pipeline, we Federal and other facilities and indus- more efficiency into this part of our will lose an important opportunity to try itself. system over the long term, and a high- bolster our national energy security in Let me state my belief, though, that er standard for these large air-condi- natural gas. If we do not bring the increasing vehicle fuel efficiency is one tioning units will help. Alaska gas to market, then our grow- of the highest legislative priorities The Chairman’s mark will also re- ing demand for gas will be met by that the Senate should have in energy quire the Federal government to pur- large-scale import of liquefied natural legislation. In addition to our growing chase Energy Star or other efficient gas. At $3 or less per million BTU, im- dependence on foreign imported oil, we products designated by the Federal En- ported LNG will be cheaper than Alas- have reached the limits of our current ergy Management Program. This is a ka gas. But it would be foolhardy to infrastructure to refine and distribute requirement that, again, makes emi- look at the issue solely through the fuels. A policy of simply continuing to nent sense. Taxpayers save money, and prism of short-term economics. We are increase the demand for gasoline is not the cost of energy-efficient appliances already more than 50 percent depend- sustainable. Fortunately, advanced to consumers comes down, when the ent on foreign oil. If we do nothing technology in a variety of areas to im- Federal government takes a leadership about the Arctic gas, we could wind up prove automotive fuel efficiency offers role in purchasing highly energy effi- being similarly dependent on foreign a better answer, and we need to move cient computers, office machines, and natural gas, from many of the same in that direction. other appliances. OPEC countries from which we import The National Academy of Sciences The mark also authorizes a grant oil. That is an economic and national has given us some very useful ways of program to help build energy-efficient security issue. thinking how to reformulate the CAFE schools. School districts can ill afford We face a clear moment of decision. program. Clearly, consumers want the to waste taxpayer funds on excessive The Chairman’s mark that I will bring option to choose the type of vehicle energy bills because of the inefficiency before the Committee will contain au- that suits their needs and preferences. of school buildings. thorizing provisions to streamline the

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.041 pfrm01 PsN: S06PT1 S9158 CONGRESSIONAL RECORD — SENATE September 6, 2001 regulatory approval process to move I believe that we in Congress and the ing Company Act, or PUHCA, but the forward with the pipeline. We may find President have a great opportunity to protections in that act will be replaced a mechanism to ensure that the domes- be visionary about the future of elec- by giving FERC jurisdiction over merg- tic option for a pipeline route is cho- tricity. A transmission grid that is ers of holding companies that own util- sen. I hope to be able to work with my open to a wide variety of generation ities and over acquisitions of genera- colleague from Alaska during the options, including distributed genera- tion assets. mark-up to help make that happen. tion, will ensure the power quality and Finally, the chairman’s mark will en- The second key initiative for domes- efficiency that our 21st century society sure that there is transparent informa- tic production is to undertake a top-to- will need in order to sustain our eco- tion on market transactions. bottom review of both federal and nomic prosperity. As part of a balanced and comprehen- State royalty and tax policy on domes- That opportunity creates a great sive legislative solution, the chair- tic oil and gas production. Our current duty on the part of Congress and the man’s mark also includes numerous policies were put in place when the President to focus on electricity as a benefits and protections for consumers, U.S. had abundant and easily acces- major part of comprehensive energy so that we don’t repeat the mistakes of sible reserves. We have fewer such re- legislation. Our task must be to build a telecommunications deregulation. serves now, and while technology for regulatory structure that has adequate These include an emphasis on ensuring finding oil has continued to improve, authority to resolve market defects, future access by rural, remote, and In- dian communities to electricity; pro- we should consider whether the finan- without interfering unduly in those tection of consumers from unfair trade cial structure we have in place should markets. change to one that enhances the eco- I believe we need to move forward practices; and a Public Benefits Fund to ensure that there is a way to fund nomics of exploring for oil and gas in now with a legislative solution to these electricity programs in the public in- more challenging geological forma- problems. To leave electricity legisla- tions. It should also take into account terest. tion for another day would be to per- The chairman’s mark also includes a the boom-and-bust nature of the indus- petuate an obsolete system that will series of provisions to ensure that we try, and provide incentives to maintain not provide the reliability, quality, af- have a greater role in our electricity domestic production when prices are fordability, and choice that consumers generating system of the future for re- low. will want and need. newables and distributed generation, The third proposal is to provide ade- The changes that I believe are need- while maintaining the contribution quate funding for the federal programs ed, and that we are going to be trying made by existing sources of baseload that actually make new leases for oil to address in the chairman’s mark, in- generation, such as hydropower and and gas available to domestic pro- clude the following: nuclear. Among the important tools for ducers. For all the rhetoric from the First, we will try to clarify who has making sure we have diversity in our administration about the need to boost jurisdiction over regulating electricity sources of electricity is a renewable production, it has not asked for enough transmission in interstate commerce. portfolio standard, uniform inter- money in order to bring this about. That is a key part of what the legisla- connection standards to the electric The result is likely to be further delays tion will do. That role is assigned to grid, greater flexibility and predict- and frustration on the part of U.S. oil the Federal energy Regulatory Com- ability to the process of relicensing hy- and gas producers. In the mark that I mission, or FERC. FERC will be given droelectric dams, and a reauthorization will present to the committee, we will authority to ensure that all electric of parts of the Price-Anderson Act. authorize a higher level of funding for transmitting organizations in inter- Finally, a common thread among the necessary personnel to make the state commerce play by a consistent may of the provisions that I have men- decisions and to process applications set of fair rules. tioned in this chamber today and that for domestic production. Second, the chairman’s mark will we will be considering in the bill is per- The area of electricity, as I men- give FERC the responsibility for tak- haps the most important public policy tioned earlier in these remarks, is the ing the current voluntary system for challenges of the 21st century, and that next major topic that we will take up promoting reliability in electric trans- is climate change. Climate change pol- in the markup. We do need to provide mission and making adherence to reli- icy and energy policy are inseparably for reliable and diverse electric power ability rules mandatory. linked, because energy production and generation and distribution sources in Third, the chairman’s mark will give the use of energy are leading sources of the country. Electricity is a central the FERC the tools to ensure that com- greenhouse gases that affect the at- part of modern life. Yet our electric petitive markets work well to provide mosphere. The Senate must ensure system largely operates on a design customers with affordable electricity. that the energy legislation it passes that is nearly a century old. There are Fourth, the chairman’s mark will ad- makes a meaningful, positive contribu- many problems in our electricity mar- dress the tough issue of siting new tion to dealing with this issue. Many of kets that need to be addressed. The transmission facilities. This is some- the provisions that I have already dis- problems faced by California and the thing the President has indicated his cussed—energy efficiency, the focus on West earlier this year should be a support for. A national transmission more renewables—make a contribution wakeup call to all of us. grid is a necessity, but cannot occur to this goal. The mark that we will be What the electricity crisis in Cali- without a new approach to trans- considering in committee will contain fornia showed is that the institutions mission planning, expansion, and some additional provisions to promote that developed in the last century have siting. Federal eminent domain, by better information and policy on green- not evolved enough to ensure reliable itself, is not likely to lead to an effec- house gas emissions. and affordable supplies of electricity. tive approach to meeting this need. Energy policy is a difficult and com- We face a crucial turning point. During What is needed is to use federal emi- plex topic. Getting to a solution that the next few years, billions of dollars of nent domain as a backstop to a more gives America a vibrant energy infra- investment will be planned and com- cooperative, regionally based approach structure and the right policies for the mitted to electric generation and to transmission and siting issues. 21st century will require careful work transmission. Those investments will Thus, the chairman’s mark will rely on on complicated issues. Our Nation’s fu- have a 30- to 50-year lifespan. Will we regional transmission organizations to ture economic prosperity, and the jobs put in place a structure to maximize do the bulk of transmission planning, of millions of Americans, are at stake. the chances that investments will go to expansion and siting. Only if those re- I hope that the approach taken in the new technologies that will give con- gional entities are stymied will a fed- Senate combines a thoughtful analysis sumers real choices over their energy eral eminent domain authority be in- of our current energy challenges with a use or will Congress, by its inaction, voked, and that authority will be used willingness to take some bold policy perpetuate obsolete frameworks for only to implement the decisions taken steps to address those challenges. That managing electricity markets, with the regionally. certainly is the spirit in which I will be result that we wind up with little im- The chairman’s mark will include a making proposals before the com- provement in the status quo? repeal of the 1935 Public Utility Hold- mittee.

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.017 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9159 I look forward to working with all portunities to improve U.S.-Mexico bi- with the Americas, which is something my colleagues in the Senate to produce lateral cooperation on a wide range of that clearly this administration and constructive legislation for the future issues. this Congress must push. of our country. As an advocate of free trade in the First, we can bring to Mexico the Mr. President, I yield the floor. Americas, Mr. Fox recognizes that a Overseas Private Investment Corpora- The PRESIDING OFFICER (Mr. ED- strong, steady economy in Mexico can tion, a loan program that also assists WARDS). The Senator from Ohio. be the foundation to help solve many of U.S. small business investments in f our shared challenges and advance our many other countries. mutual interests. Second, we can encourage entrepre- UNITED STATES-MEXICO ENGAGE- I am confident that President Fox’s neurship in Mexico through increased MENT: AN UNPRECEDENTED OP- visit to the United States will advance U.S. funding of microcredit and micro- PORTUNITY FOR COOPERATION our growing and strengthening part- enterprise programs, which will en- Mr. DEWINE. Mr. President, earlier nership and that both leaders will en- courage small business development. today we welcomed to the historic gage in constructive dialog to promote Third, we should expand the mandate House Chamber President Vicente Fox, cooperation, enhance the security and of the North American Development the President of Mexico. At this mo- prosperity of both nations, and enable Bank beyond the current situation ment, President Bush and President each country to establish mutually where it only extends to the U.S.-Mex- Fox are in my home State of Ohio. agreed-upon goals in at least four ico border. They traveled to Toledo, OH, making areas: First, economic development This bank has been a successful several visits there. So we welcome and trade; two, the environment; three, source of private-public financing of in- both Presidents to our home State. immigration; and four, law enforce- frastructure projects along our borders. As an opposition candidate, Presi- ment and counterdrug policy. Extending its authority inland not dent Fox’s election and inauguration In each of these four areas, both only would bring good jobs into the in- last year overturned 71 years of one- countries should seek to implement re- terior of Mexico but also would help to party rule in Mexico, one-party rule alistic and practical steps that will develop and further nationalize a domination of the executive branch by build confidence in our partnership and transportation and economic infra- the Institutional Revolutionary Party, help set the stage for continued discus- structure. PRI. That election made history. And sions and further progress. Continued investments in the today, with his Presidency, and with A good demonstration of our rela- NADBank also would facilitate greater President Bush in office, we are con- tionship’s success is the economic co- environmental cooperation between tinuing to make history, as our nations operation spearheaded by the North the United States and Mexico through have the unprecedented opportunity to American Free Trade Agreement, projects geared toward advancing the implement positive changes and to cre- NAFTA. environmental goals and objectives set ate lasting progress for our entire Thanks to this partnership, trade be- forth in NAFTA and also would en- hemisphere. tween the United States and Mexico hance the overall protection of U.S. I say to my colleagues, it is impor- now amounts to over $250 billion annu- and Mexican natural resources. tant that we not squander this oppor- ally, making our neighbor to the south Both nations need to pursue a joint tunity, that we not squander this now our second largest trading partner immigration policy that takes into ac- chance. Because of Mexico’s critical behind Canada. count the realities of the economic importance to our Nation and our In the last decade, U.S. exports to conditions of our countries. At a min- hemisphere, it was not at all surprising Mexico have increased over 200 percent, imum, President Bush should continue that President Bush chose to travel to and today 85 percent of Mexico’s entire to evaluate the temporary visa pro- Mexico for his first official foreign trip exports go to the United States. How- gram for unskilled workers, which has as President. ever, progress in our partnership can- proven burdensome for U.S. farmers This week we welcome President Fox not occur absent continued progress in and small business men and women. to our country. These historic meet- Mexico’s economy. Any liberalization of this program ings demonstrate the vital nature of Although Mexico is in its fifth con- should be linked to concrete programs our relationship with Mexico and the secutive year of recovery following the to reduce illegal immigration into the importance of bilateral cooperation. 1994–1995 peso crisis, improved living United States. This is not going to be I commend both leaders on their on- standards and economic opportunities an easy issue. We have heard discussion going commitment to hemispheric have not been felt nationwide in Mex- from President Fox and President Bush partnership, and look forward to even ico. In fact, as could be expected, the over the last several days about this. greater cooperation stemming from slowdown in the U.S. economy has also Many Members of Congress have very this week’s meetings. had an impact on Mexico. Lack of jobs strong opinions about it. I believe it is No one can deny the importance of and depressed wages are particularly important for us to deal with this issue our involvement with Mexico—our acute in the interior of the country, in a practical and rational way. neighbor—a nation with which we once you get away from the U.S.-Mexi- Additionally, in a quick and simple share an over 2,000-mile common bor- can border in the north. That is even fix, the administration should elimi- der. true in President Fox’s home state of nate the annual cap on the number of Additionally, over 21 million Ameri- Guanajuato. visas issued to Mexican business execu- cans living in this country are of Mexi- As long as enormous disparities in tives who enter the United States. Cur- can heritage; that is 67 percent, two- wages and living conditions exist be- rently, the cap stands at 5,500. And thirds of our total U.S.-Hispanic popu- tween Mexico and the United States, under current law, it will be phased out lation. Indeed, many people and many our Nation will simply not fully realize in the year 2004. The United States issues bind our nations together. It is the potential of Mexico as an export does not have such a cap for Canada. in the interest of both Mexico and the market, nor will we be able to deal ade- Repealing the cap now would send a United States that we make that bond quately with the resulting problems very positive signal to President Fox even stronger. that come about because of that poor and to the Mexican people about their That is why we want to see President economy, because of that great dis- nation’s value to us as an economic Fox succeed. He is off to a good start. parity in wealth that brings about ille- partner. President Fox’s election was received gal immigration, border crime, drug Further, it is important for the as a positive step in Mexico’s maturing trafficking, and other problems. United States to be seen as a partner economy and has fueled new invest- In keeping with the market-oriented and resource, as President Fox under- ment in the country, raising expecta- approach that we started with NAFTA, takes his pledge to reform Mexico’s en- tions for better economic opportunities the United States can take a number of tire judicial system. for the Mexican people. At the same constructive steps to continue eco- I have had the opportunity, as I know time, Mr. Fox also has raised expecta- nomic progress in Mexico and secure many Members of the Senate have, to tions here in Washington for better op- its support for a free trade agreement travel to Mexico and see the problems,

VerDate 31-AUG-2001 02:42 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.044 pfrm01 PsN: S06PT1 S9160 CONGRESSIONAL RECORD — SENATE September 6, 2001 the inherent problems, historic prob- Mexico has a new President. Mexico NAM member companies are some of the lems, problems of long standing in re- has a President who has stated that leading exporters of high-technology prod- gard to the police and the judicial sys- one of his main objectives is the reform ucts, including computers, telecommuni- tem. It was very insightful and impor- of the judicial system, to do away with cations equipment semiconductors, chemi- tant that today, when President Fox cals and aerospace equipment. The Export the corruption in the judiciary, to do Administration Act, which establishes spoke to the Congress, he talked about away with the problems they have had broad-ranging exports controls on dual-use the need for judicial reform. This is an in the law enforcement realm. So I products and technologies, will have a direct area where, frankly, for all the prob- think the time is right. If we are ever impact on their business activities in coun- lems of this country, we do it very going to do this, the time is right to do tries around the world. well. it. I don’t think we have a great deal to Our companies take seriously their obliga- We have the ability to help Mexico. lose. The current system has not tion to protect national security. They de- We have the ability to help them in worked very well. It has not accom- vote substantial resources to maintaining in- this area. We should continue to do so. ternal compliance programs and keeping up plished a great deal. So I think the to date on the latest export control regula- With the law enforcement system in time is ripe now for us to put a tem- Mexico plagued with inherent corrup- tions. In an increasingly competitive global porary moratorium on the certification economy, however, Congress should not re- tion and institutional and financial de- process. quire excessively burdensome controls that terioration, President Fox will face nu- President Fox, throughout his hurt U.S. industry but do little, if anything merous challenges. speech, talked about trust. I think that to enhance national security. It is in our interest to help Mr. Fox is the right word. We have to have The NAM supports S. 149, as reported by in his quest, if needed, whether it be trust between our two countries. That the Banking Committee, because it provides through financial or technical assist- does not mean we are not going to have a good balance between U.S. national secu- ance. It is in our own interest in the rity and global trade interests. The bill has disputes. It doesn’t mean we are not strong bipartisan support, having been ap- United States that Mexico succeed in going to have problems. It doesn’t this reform because our country cannot proved by the Banking Committee on a vote mean these problems are going to be of 19 to 1. President Bush has endorsed S. 149, reverse effectively the flow of drugs easy to resolve. We know they are as reported, and his national security advi- across our common border without the not—the immigration problem and the sor has indicated repeatedly that the Admin- full cooperation and support of our drug problem, just to name a few. We istration opposes amendments which would Mexican law enforcement friends. The know they are not easy. upset the careful balance achieved in the relationship between our law enforce- I think the right tone was set in to- Banking Committee bill. ment—our DEA, FBI, Border Patrol, I strongly urge you to play a leadership day’s speech by President Fox. role in supporting passage of S. 149 and op- and their counterparts in Mexico—is so Mr. President, I yield the floor and I very important. I have watched this posing inappropriate amendments. suggest the absence of a quorum. Sincerely, over the years, and that relationship The PRESIDING OFFICER. The JERRY JASMOWSKI, has been problematic. But I will say clerk will call the roll. President. this: I believe it is improving. I believe The legislative clerk proceeded to Mr. ENZI. I ask unanimous consent a clearly President Vicente Fox has call the roll. letter received from many of the com- made this a top priority of his adminis- Mr. ENZI. Mr. President, I ask unani- puter folks, including Dell Computer, tration. It will not be easy, but we can mous consent that the order for the IBM Corporation, Intel, Hewlett-Pack- help. quorum call be rescinded. ard, NCR, Motorola, and Unisys, point- The issues that impact the United The PRESIDING OFFICER. Without ing out the need for this legislation, States and Mexico are numerous. It is objection, it is so ordered. and the fact they are happy with it, be not going to be easy to resolve these f problems. All are important, and each printed in the RECORD. There being no objection, the mate- is, in a sense, interrelated with the EXPORT ADMINISTRATION ACT OF rial was ordered to be printed in the other. Together they present an enor- 2001—Continued mous task for the Presidents of both Mr. ENZI. Mr. President, we are en- RECORD, as follows: countries. Perhaps most important, tering the period where we make a few SEPTEMBER 5, 2001. they are evidence of the enormous im- last minute comments before the 4 Hon. MICHAEL B. ENZI, o’clock vote regarding the Export Ad- U.S. Senate, Russell Senate Office Building, portance of Mexico to the future pros- Washington, DC. perity and security of our country, as ministration Act, a process we have DEAR SENATOR: As the Senate begins de- well as our entire hemisphere. been working on for 3 years, a law that bate on S. 149, the Export Administration I commend President Bush and Presi- expired in 1994, and we have had 12 at- Act of 2001, we strongly urge you to support dent Fox for the many advancements tempts at change since that time. The the bill as it was reported out 19–1 by the they have achieved so far. I encourage last time the law was revised, people Senate Banking Committee and to oppose all them to continue this cooperation and were wearing bell bottoms and poly- restrictive amendments during its floor con- this effort. Together, our nations can, ester suits and Jimmy Carter was in of- sideration. Passage of S. 149 will represent in this historic time, redefine the fice. an important step forward in the develop- ment of an export control system that more United States-Mexican relationship It has been time for a change and rec- effectively accounts for modern develop- and protect and promote prosperity ognition of that. I ask unanimous con- ments in technology and international mar- throughout our shared hemisphere. sent a letter from the National Asso- ket conditions, while protecting national se- In conclusion, President Fox men- ciation of Manufacturers endorsing the curity. tioned a topic which has been debated bill and recognizing the need for this be S. 149 enjoys broad, bipartisan support in on this floor many times and which we printed in the RECORD. Congress, as well as the endorsement of have taken up and looked at, and we There being no objection, the mate- President Bush and his national security team, which opposes amendments that would have thought a lot about it; that is, the rial was ordered to be printed in the drug certification process that we go upset the careful balance achieved in the RECORD, as follows: Banking Committee bill. through as a country every year, where NATIONAL ASSOCIATION OF Among S. 149’s many provisions is one of we basically say how well other coun- MANUFACTURERS, critical importance to the U.S. computer in- tries are doing in their antidrug effort Washington, DC, September 4, 2001. dustry. Section 702(k) would eliminate those and whether they are cooperating with Hon. THOMAS A. DASCHLE, provisions in the National Defense Author- the United States. I think the time is Majority Leader, U.S. Senate, ization Act for 1998 that lock the President here for us to re-evaluate our law. I Washington, DC. into using a specific metric, known as think the time is here for us to put a DEAR SENATOR DASCHLE: I am writing on MTOPS (millions of theoretical operations temporary moratorium on this certifi- behalf of the 14,000 member companies of the per second), to establish export control National Association of Manufacturers thresholds for computers. Section 702(k) cation process. I think it will help our (NAM) to seek your active support for the would not eliminate current restrictions on relationship with Mexico. I think it passage of S. 149, the Export Administration computer exports, but would give the Presi- would help our relationship with other Act of 2001, without inappropriate amend- dent the authority and flexibility needed to countries. I think the time is appro- ments that would upset the careful balance review the MTOPS control system and de- priate to do this. in the legislation. velop a more modern, effective framework

VerDate 31-AUG-2001 02:51 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.048 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9161 for computer exports. The need for Presi- June 7, 1999, 9 a.m.: Banking staff meet Wednesday, February 16, 12 p.m.: Lott staff dential flexibility in this area is especially with Cox Commission investigator. holds second meeting with Gramm, Enzi, clear in light of recent reports by the Center June 10, 1999, 10 a.m.: Banking Committee Warner, Helms, Shelby, Thompson, and Kyl for Strategic and International Studies, the Hearing on Export Control Issues in the Cox staff in Leader’s office [2.5 hours]. Department of Defense, the Henry Stimson Report. Thursday, February 17, 3 p.m.: Banking Center, the General Accounting Office, and June 17, 1999, 10 a.m.: Banking Committee staff hold informational briefing re S. 1712 the Defense Science Board, which have all Hearing on Emerging Technology Issues and for all Senate staff in Banking hearing room. concluded that the MTOPS-based approach is Reauthorization of the Export Administra- Friday, February 18, 1 p.m.: Lott staff obsolete and fails to advance U.S. national tion Act. hosts third meeting with Gramm, Enzi, War- security. June 22, 1999, 10:30 a.m.: Enzi staff meets ner, Helms, Shelby, Thompson, and Kyl staff The U.S. computer industry needs new ex- with John Barker, State Department. in Leader’s office; Gramm/Enzi staff provide port control policies that take into account June 23, 1999, 10 a.m.: Banking Committee document outlining provisions that may be the global, technological and economic reali- Hearing on Reauthorization of the Export accepted. [45 minutes]. ties of the 21st century. As a result, we urge Administration Act: Government Agency Tuesday, February 22, 9:30 a.m.: Senator you to support S. 149, as reported, and oppose Views. Lott meets with Senators Gramm, Enzi, June 24, 1999, 10 a.m.: Banking Committee any amendments that would delay the imple- Warner, Kyl, Shelby, and Thompson in Lead- Hearing on Reauthorization of the Export mentation of the important reforms con- er’s office; Senators Gramm and Enzi iden- Administration Act: Private Sector Views. tify three key issues in contention; agree to tained in the bill. June 28, 1999, 4 p.m.: Enzi staff meet with provide Managers’ Amdt. Sincerely, Mack staff. Michael S. Dell, Dell Computer; Louis V. June 29, 1999, 9:30 a.m.: Enzi staff meet Wednesday, February 23: Gramm and Enzi Gerstner, Jr., IBM Corporation; Andy with Kyl staff. staff provide Managers’ Amdt CRA00.098 to Grove, Intel Corporation; Carleton June–July/September, 1999: Numerous other senators’ staff. Florina, Hewlett-Packard; Michael meetings with Administration (BXA, State, Friday, February 25: Gramm and Enzi staff Capellas, Compaq Computer; Chris- Defense, intelligence), industry, Senators provide pullout CRA00.120 regarding three topher B. Galvin, Motorola; Lars and staff to discuss draft EAA. issues to other senators’ staff. Nyberg, NCR Corporation; Lawrence September 16, 1999, 9 a.m.: Banking Com- Friday, February 25: Senator Thompson Weinbach, Unisys Corporation. mittee staff meet with AIPAC staff. sends a letter to Senators Gramm and Enzi, Mr. ENZI. I take this time to thank September 23, 1999, 10 a.m.: Banking Com- cc’d to Senator Lott and the other senators, expressing ‘‘grave concerns’’ about S. 1712. Senators GRAMM and SARBANES for mittee Votes 20–0 to Approve Export Admin- istration Act of 1999. Monday, February 28, 4 p.m.: Senator War- their tremendous leadership and for en- September 27, 1999, 11 a.m.: Banking Com- ner holds SASC hearing on EAA; Senators trusting Senator JOHNSON and I to do mittee meets with DoD staff to discuss S. Enzi and Johnson among witnesses. some of the background work before 1712 issues. Monday, February 28, 6 p.m.: Warner staff the legislation reached this stage. It is October 6, 1999, 10 a.m.: Banking Com- host impromptu meeting with DOD and DOC very important. mittee meets with AIPAC staff. officials and Enzi and Johnson staff in SASC I thank Marty Gruenberg on Senator October 10, 1999, 10 a.m.: Enzi meets with hearing room; walk through differences [4 Cochran. Cochran says he will not hold up hours]. SARBANES’s staff; Katherine McGuire, consideration of the bill. Tuesday, February 29, 10 a.m.: Warner staff my legislative director; and Joel Os- October 20, 1999, 11:30 a.m.: Enzi meets with host meeting with DOD and DOC officials wald, now a Texas A&M student who Kyl. and Gramm, Enzi, Sarbanes, Johnson, Levin worked for 3 years on the bill; Mary October 25, 1999, 4:15 p.m.: Warner meets staff in SASC hearing room [2.5 hours]. O’Brien; Kara Calvert; on Senator with Gramm/Enzi. Warner staff (SASC Joan) Tuesday, February 29: Senators Warner, JOHNSON’s staff, Naomi Camper and says she has not seen the reported bill. War- Helms, Shelby, Kyl, Thompson, Roberts, Paul Nash; from the staff of Senator ner commits that his staff will review the Inhofe, and B. Smith send a letter to Senator bill and get back to us. HAGEL, Dave Dorman; and the staff of Lott to express ‘‘continuing concerns’’ with October 28, 1999, 4 p.m.: Gramm/Enzi meet S. 1712, stating that ‘‘even with its proposed Senator BAYH, Catherine Wojtasik; and with Lott to discuss consideration of bill. managers’ amendment’’ the bill fails to ad- other staff includes Jim Jochum who Lott says window is narrow. Will consider if dress concerns, and objecting to its consider- previously worked for Senator GRAMM. it will only take one or two days. ation. I ask unanimous consent to have November 1, 1999, 6 p.m.: Banking Com- Tuesday, February 29: Senators Abraham printed in the RECORD a list of the sum- mittee staff meet with SFRC staff (Marshall and Bennett send a letter to Senators Lott mary of the EAA discussions we have Billingslea). He provides us with extensive and Daschle urging that they make Senate list of concerns, mostly jurisdictional in na- had to this point that have been con- consideration of S. 1712 a priority. ture. Wednesday, March 1, 2 p.m.: Gramm, Enzi, tributed on a number of people’s behalf November 4, 1999, 3 p.m.: Banking Com- to make the bill come together and be Sarbanes, Johnson staff meet with business mittee staff meet with SASC staff. SASC community in Banking hearing room. successful. says they don’t know how the bill will im- Friday, March 3, 2 p.m.: Senators Gramm There being no objection, the mate- pact military since military now incor- and Enzi meet with Senators Warner, Helms, rial was ordered to be printed in the porates more off the shelf commercial items. Kyl, and Thompson in Senator Gramm’s of- November 5, 1999, 1:30 p.m.: Banking Com- RECORD, as follows: fice; walk through their concerns [3.5 hours.] mittee staff meet with SASC staff, Hamre, SUMMARY OF EAA DISCUSSIONS, 1999–2000 Monday, March 6, 11 a.m.: Senator Gramm NSA. meets with Sen. Kyl in Senator Gramm’s of- January 20, 1999, 10 a.m.: Subcommittee on December 14, 1999, 11 a.m.: Banking Com- fice to discuss concerns [1 hour]. International Trade and Finance—Hearing mittee staff meet with Thompson staff (Curt Monday, March 6, 1 p.m.: Senators Gramm, on the Reauthorization of the Export Admin- Silvers introduces Chris Ford, new staff). istration Act. Friday, January 21, 12:30 a.m.: Banking Enzi, Johnson, with Sarbanes staff, meet in January 28, 1999, 3:30 p.m.: Enzi staff meets Committee staff to meet with Marshall Senator Gramm’s office to discuss concerns with Thompson staff to discuss issues re- Billingslea. raised [1 hour]. garding reauthorization of EAA. Wednesday, February 2, 10 a.m.: Banking Monday, March 6, 3:30 p.m.: Senators February 8, 1999, 10 a.m.: Enzi staff meet staff meets with SASC staff. Gramm and Enzi meet with Senators War- with Gary Milhollin, Wisconsin Nuclear Wednesday, February 9: Senators Warner, ner, Helms, Shelby, Kyl, and Thompson in Arms Control Project. Helms, Shelby, and Thompson send a letter Sen. Gramm’s office; finish walking through February 8, 1999, 2 p.m.: Enzi staff meet to Sen. Lott expressing concerns with S. 1712 their concerns [2 hours]. with NSA staff. and requesting referral to the Committees on Tuesday, March 7, 8 a.m.: Senators Gramm February 9, 1999, 10 a.m.: Enzi staff meet Armed Services, Foreign Relations, Govern- and Enzi meet with business community in with Senate Intelligence Committee staff mental Affairs, and Intelligence. Banking hearing room to discuss ongoing member (Joan). Wednesday, February 9, 3 p.m.: Senators member negotiations. March 16, 1999, 9:30 a.m.: Subcommittee on Gramm and Enzi meet with Senator Lott in Tuesday, March 7, 4:30 p.m.: Gramm and International Trade and Finance—Hearing the Leader’s office. Enzi staff meet with Warner, Helms, Kyl, on the Reauthorization of the Export Admin- Thursday, February 10, 5 p.m.: Senators Thompson, and Shelby staff: walk through 4- istration Act and Managing Security Risks Gramm and Enzi meet with business commu- page Managers’ Amdt document [1.5 hours]. for High Tech Exports. nity in Senator Gramm’s office. Tuesday, March 7, 5:45 p.m.: Senator Lott March 18, 1999, 3 p.m.: Enzi staff meet with Friday, February 11, 10 a.m.: Lott staff brings up EAA by unanimous consent Sen- WMD Commission staff. holds meeting with Gramm, Enzi, Warner, ator Thompson raises concerns on floor but April 14, 1999, 10 a.m.: Subcommittee on Helms, Shelby, and Thompson staff in does not object). International Trade and Finance—Hearing Approps Cmte room [3 hours]. Wednesday, March 8, 11 a.m.: Senators on the Export Control Process. Tuesday, February 15, 11 a.m.: Lott staff Gramm and Enzi meet with Senators War- April 28, 1999, 1 p.m.: Enzi staff meet with schedules staff meeting/canceled by Lott ner, Helms, Shelby, Kyl, and Thompson at Kyl staff. Staff. those senators’ request. Members agree to

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.025 pfrm01 PsN: S06PT1 S9162 CONGRESSIONAL RECORD — SENATE September 6, 2001 suspend floor consideration of EAA until de- Senate floor under the terms of the unani- I would be less than fair if I did not tails agreed; Gramm/Enzi provide revised 4- mous consent agreement field on March 8. take a moment to say to Senator ENZI page Managers’ Amdt document and ask for ‘‘There are important issues remaining to I think his dedication in working this comments by the end of the day [1 hour]. be resolved, and we feel that negotiations Wednesday, March 8, 12:30 p.m.: Senator should continue in order to for there being legislation through and his very strong Gramm takes EAA off floor via special UC hope for achieving an Export Administration commitment and willingness to talk to agreement among Senators Lott, Daschle, Act that successfully balances the needs of everyone at great length, over and over Thompson, Reid, and others. industry and national security.’’ and over again, contributed signifi- Wednesday, March 8, 4 p.m.: Gramm and Week of March 27–31: Gramm/Enzi staff do cantly to shaping legislation that we Enzi staff provide other senators’ staff with not hear from other senators’ staff. are finally going to be able to move revised Managers’ Amdmt CRA00.262. Week of April 3: Gramm/Enzi staff do not through the Senate, with a very sizable hear from other senators’ staff. Thursday, March 9, 3 p.m.: Senator Warner consensus. gives Senators Gramm and Enzi misdated Tuesday, April 4: Senator McCain holds letter with attachment of proposed amend- hearing on S. 1712, at which he expresses con- I say to the opponents, I think we en- ments to Managers’ Amendment. cern that the bill does not adequately pro- gaged this in a proper Senate fashion Thusday, March 9: Senators Warner, tect national security; Senators Thompson in terms of our debate and our efforts Helms, Shelby, Kyl, and Thompson send an- and Enzi testify. to respond to some concerns. We con- other letter to Senator Lott expressing ‘‘con- Tuesday, April 11: Gramm staff call the sulted with everyone—the administra- tinuing concerns’’ with S. 1712 and objecting staff of other senators to alert them that tion, of course, perhaps first and fore- to moving to its consideration. Senator Lott planned to make a pro forma most. My own view is we have brought Friday, March 10, 12 p.m.: Senator Gramm effort to bring up S. 1712 by UC on Wednes- meets with Senator Warner (other senators day, at which point Senator Gramm would together a good package. I urge my col- represented by staff); gives him Gramm/Enzi object pursuant to the gentleman’s agree- leagues to support it when we go to the final response document; asks for final deci- ment made with the other senators on March vote at 4 o’clock. sion from senators. 8; and that Senators Lott and Gramm then I yield the floor. Week of March 13–17: Gramm/Enzi staff would file cloture on a motion to proceed to The PRESIDING OFFICER. Who wait for response re 3/10 document. S. 1712. yields time in opposition? Thursday, March 16: Senator Gramm Wednesday, April 12: At Senator Lott’s re- Mr. THOMPSON. Mr. President, I schedules members’ meeting for 10 a.m. Fri- quests, Senators Gramm and Enzi give Sen- yield myself 4 minutes unless any of day 17th to get response to 3/10 document; ator Lott two cloture petitions (one on a mo- my colleagues appear and want part of postpones to following week after being told tion to proceed to S. 1712, and one on S. 1712); that Kyl/Helms/Shelby not in town and War- both were signed by 16 Republicans rep- that. ner and his staff both ‘‘unable to attend’’. resenting a broad diversity of states and of I, too, think congratulations are in Monday, March 20: Senator Gramm sched- Senate Committees (including SASC, SFRC, order. Senator ENZI has worked so hard ules members’ meeting for 2 p.m. Tuesday SGAC, and SCST). on this bill, Senator GRAMM and Sen- 21st to get response to 3/10 document; Wednesday, April 12: Senator Thompson ator SARBANES have taken the matter postpones to later same week after being holds SGAC hearing on multilateral export of leadership in this area, and Senator told that Shelby not back until Tuesday controls. JOHNSON did an excellent job in shep- night and that the senators first need to April, May: Gramm/Enzi staff do not hear herding it through over a long period of meet to confer. from other senators’ staff. Week of March 20–23: Gramm/Enzi staff Thursday, May 25: Senators Thompson and time. It has taken a long time pri- continue to wait for response re 3/10 docu- Torricelli hold a press conference on S. 2645. marily because some Members have ment. According to press reports, Senator Thomp- seen to it that it took a longer period Tuesday, March 21: Senator Warner an- son said that in his opinion, legislation to re- of time than it otherwise would have. nounces sudden SASC hearing for Thursday authorize the Export Administration Act is I still must respectfully oppose this 23rd; cites ‘‘considerable differences’’ re- probably dead as a stand-alone measure in bill. This bill is going to pass by a large maining between Banking and other sen- 2000; when asked whether he was partly re- margin. I understand that. The busi- ators. sponsible, he replied ‘‘Let’s just say that ness community is strongly behind it. Wednesday, March 22, 1 p.m.: House Inter- truth and justice were served’’. national Relations Subcommittee on Eco- Friday, May 26: Senator Thompson holds The administration supports it. The nomic Policy reluctantly removes Senators SGAC hearing on mass market/foreign avail- majority of both sides of the aisle sup- Gramm and Enzi from their witness list, and ability; no Administration witnesses are in- port it. I believe they are in error. I be- instead holds hearing solely with industry vited. lieve it is a mistake. I think we should witnesses; hints at marking up narrow EAA Mr. ENZI. I will make a few remarks recognize exactly what we are doing. I bills. after the vote particularly to thank will say it one more time; that is, in an Wednesday, March 22: [Other senators ap- era of increased technological pro- parently hold meeting to confer]. Senator SARBANES for his under- Thursday, March 23, 10 a.m.: Senator War- standing of the bill. liferation, with the world becoming a ner holds second SASC hearing, at which he I yield the floor to Senator SAR- more dangerous place, where rogue na- presses GAO witness to say S. 1712 ‘‘must’’ be BANES. tions are developing technology that strengthened, and states that ‘‘the four Mr. SARBANES. How much time re- will enable them to endanger this chairmen have not received some legislative mains? country and a world where these rogue language which we feel is essential to mak- The PRESIDING OFFICER. One nations are getting their technology ing our decisions on this’’. minute for the proponent and 4 min- from countries such as China and Rus- Thursday, March 23: Senator Reid gives utes for the opponent. sia, for which this bill will liberalize floor statement urging Senate passage of S. 1712, noting that its sponsors ‘‘tried to move Mr. SARBANES. I will take the 1 export trade, in this environment, in a bill . . . but frankly, the majority is unable minute at this point. I urge my col- this era, we are loosening our export to join with us to allow us to move this bill leagues to support this legislation. It controls. forward’’. has been hard work. We think it is At a time when we know that some of Friday, March 24: Two weeks from the date good, balanced legislation. I join with those to whom we will be sending more on which they gave the other senators their Senator ENZI in thanking the staff: high-tech sensitive exports have in final offer, Senators Gramm and Enzl receive Steve Harris, Marty Gruenberg, and times past used them for military pur- a letter dated March 23 from Senators War- Laurie Better of my staff; Katherine poses, and that committees such as the ner, Helms, Shelby, Kyl, and Thompson. The letter stated: McGuire has done a wonderful job; and Cox committee have reported to us ‘‘As you know, on March 6 [sic], 2000, we Joel Oswald and Kara Calvert of Sen- that part of their increased capabilities provided you with a package describing the ator ENZI’s staff; Naomi Camper and have come about due to our lax export issues that we consider critical to reaching Paul Nash of Senator JOHNSON’s staff; laws, this is the environment in which an agreement on the proposed reauthoriza- and Wayne Abernathy and Amy we pass a bill that gives the Depart- tion of S. 1712 [sic], the Export Administra- Dunathan from Senator GRAMM’s staff. ment of Commerce substantial powers tion Act. We were disappointed that you I thank Senator GRAMM. We worked to make decisions concerning national were only able to agree to at most four of very closely on this bill. I pay tribute security. The Department of Commerce the eighteen issues we identified, and were unable to agree to some issues on which we to Senator ENZI and Senator JOHNSON is rightfully engaged in the consider- believed we had previously reached agree- who worked together so assiduously, so ations of trade and commerce. They ment in principle. Accordingly, we cannot skillfully, in helping to develop and should not be given the responsibility agree at this time to return the bill to the evolve this legislation. of national security.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.029 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9163 We are going to pass a bill that will Mr. NICKLES. I announce that the Sec. 212. Presidential set-aside of foreign have broad categories of subjects that Senator from Alaska (Mr. MURKOWSKI) availability status determina- are deemed to be mass marketed or is necessarily absent. tion. have foreign availability status. If The PRESIDING OFFICER. (Mr. Sec. 213. Presidential set-aside of mass-mar- ket status determination. someone over in the bowels of the De- JOHNSON). Are there any other Sen- Sec. 214. Office of Technology Evaluation. partment of Commerce decides these ators in the Chamber desiring to vote? The result was announced—yeas 85, TITLE III—FOREIGN POLICY EXPORT items belong in those categories, then CONTROLS nays 14, as follows: they are taken out of the regulatory Sec. 301. Authority for foreign policy export process altogether, and you don’t even [Rollcall Vote No. 275 Leg.] controls. have to have a license. YEAS—85 Sec. 302. Procedures for imposing controls. I do not think it is too much to ask Akaka Domenici Lincoln Sec. 303. Criteria for foreign policy export for a few days of a license process with Allard Dorgan Lott controls. officials of the U.S. Government who Allen Durbin Lugar Sec. 304. Presidential report before imposi- Baucus Edwards McConnell are concerned about matters of pro- tion of control. Bayh Ensign Mikulski Sec. 305. Imposition of controls. liferation of weapons of mass destruc- Bennett Enzi Miller Sec. 306. Deferral authority. tion and matters of national security, Biden Feinstein Murray Bingaman Fitzgerald Nelson (FL) Sec. 307. Review, renewal, and termination. it is not too much to ask that they be Bond Frist Nelson (NE) Sec. 308. Termination of controls under this given a few days to make sure, as in Boxer Graham Nickles title. times past, that we are not exporting Breaux Gramm Reed Sec. 309. Compliance with international ob- something we should not be exporting. Brownback Grassley Reid ligations. Bunning Gregg Roberts Sec. 310. Designation of countries sup- We give the President some override Burns Hagel Rockefeller porting international ter- authority, but it is almost as if to say, Campbell Harkin Santorum Cantwell Hatch Sarbanes rorism. ‘‘Catch me if you can.’’ We are greatly Sec. 311. Crime control instruments. liberalizing things on this end and giv- Carnahan Hollings Schumer Carper Hutchinson Smith (OR) TITLE IV—PROCEDURES FOR EXPORT LI- ing the President some power—which Chafee Hutchison Snowe CENSES AND INTERAGENCY DISPUTE cannot be delegated, incidentally—giv- Cleland Inouye Stabenow RESOLUTION ing the President some power to catch Clinton Jeffords Stevens Collins Johnson Thomas Sec. 401. Export license procedures. something here and there and stop it if Conrad Kennedy Torricelli Sec. 402. Interagency dispute resolution he deems it necessary. Corzine Kerry Voinovich process. At a time that we are trying to per- Craig Kohl Warner Crapo Landrieu Wellstone TITLE V—INTERNATIONAL ARRANGE- suade the world we need a missile de- Daschle Leahy Wyden MENTS; FOREIGN BOYCOTTS; SANC- fense system, which I believe we need Dayton Levin TIONS; AND ENFORCEMENT because of the dangers posed by the Dodd Lieberman Sec. 501. International arrangements. proliferation of weapons of mass de- NAYS—14 Sec. 502. Foreign boycotts. Sec. 503. Penalties. struction, we are liberalizing export Byrd Inhofe Smith (NH) rules which I fear will contribute to- Cochran Kyl Specter Sec. 504. Missile proliferation control viola- ward the ability of the countries with DeWine McCain Thompson tions. which we are trading, and in turn these Feingold Sessions Thurmond Sec. 505. Chemical and biological weapons Helms Shelby proliferation sanctions. rogue nations with which they are NOT VOTING—1 Sec. 506. Enforcement. trading, to increase their weapons of Sec. 507. Administrative procedure. Murkowski mass destruction capabilities. TITLE VI—EXPORT CONTROL It is not that we want to hamper The bill (S. 149) was passed, as fol- AUTHORITY AND REGULATIONS trade. It is not that we want to be ob- lows: Sec. 601. Export control authority and regu- structionist—because our friends on S. 149 lations. the other side of this issue are very Be it enacted by the Senate and House of Rep- Sec. 602. Confidentiality of information. well-meaning and make very good resentatives of the United States of America in Sec. 603. Agricultural commodities, medi- points. It is not those factors at all Congress assembled, cine, medical devices. that motivate the few of us who remain SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE VII—MISCELLANEOUS on this side. It is that we can afford to (a) SHORT TITLE.—This Act may be cited as PROVISIONS be wrong. If our concerns are too great, the ‘‘Export Administration Act of 2001’’. Sec. 701. Annual report. (b) TABLE OF CONTENTS.—The table of con- Sec. 702. Technical and conforming amend- it will mean that a few companies are tents of this Act is as follows: held up a few extra days before they ments. Sec. 1. Short title; table of contents. Sec. 703. Savings provisions. can export goods. But if our friends on Sec. 2. Definitions. SEC. 2. DEFINITIONS. the other side of this issue are wrong, TITLE I—GENERAL AUTHORITY I fear it could cause serious harm. In this Act: Sec. 101. Commerce Control List. (1) AFFILIATE.—The term ‘‘affiliate’’ in- We are doing this in an environment Sec. 102. Delegation of authority. cludes both governmental entities and com- where, even though the law has re- Sec. 103. Public information; consultation mercial entities that are controlled in fact quired us in times past to do a national requirements. by the government of a country. security assessment of the decontrol of Sec. 104. Right of export. (2) CONTROL OR CONTROLLED.—The terms these laws, we have never done so. Sec. 105. Export control advisory commit- ‘‘control’’ and ‘‘controlled’’ mean any re- tees. quirement, condition, authorization, or pro- That is the basis of our concern. That Sec. 106. President’s Technology Export hibition on the export or reexport of an item. is why, although we have had a wonder- Council. ful, responsible, senatorial debate and Sec. 107. Prohibition on charging fees. (3) CONTROL LIST.—The term ‘‘Control List’’ means the Commerce Control List es- discussion and vote, both on the floor TITLE II—NATIONAL SECURITY EXPORT tablished under section 101. CONTROLS and off, and think it has produced a (4) CONTROLLED COUNTRY.—The term ‘‘con- better bill than we had originally, I Subtitle A—Authority and Procedures trolled country’’ means a country with re- must respectfully oppose it. Sec. 201. Authority for national security ex- spect to which exports are controlled under I yield the floor. port controls. section 201 or 301. The PRESIDING OFFICER. The Sec. 202. National Security Control List. (5) CONTROLLED ITEM.—The term ‘‘con- question is, Shall the bill pass? Sec. 203. Country tiers. trolled item’’ means an item the export of Sec. 204. Incorporated parts and compo- Mr. SARBANES. I ask for the yeas which is controlled under this Act. nents. (6) COUNTRY.—The term ‘‘country’’ means a and nays. Sec. 205. Petition process for modifying ex- The PRESIDING OFFICER. Is there a sovereign country or an autonomous cus- port status. toms territory. sufficient second? Subtitle B—Foreign Availability and Mass- (7) COUNTRY SUPPORTING INTERNATIONAL There is a sufficient second. The Market Status TERRORISM.—The term ‘‘country supporting clerk will call the roll. Sec. 211. Determination of foreign avail- international terrorism’’ means a country The assistant legislative clerk called ability and mass-market sta- designated by the Secretary of State pursu- the roll. tus. ant to section 310.

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(8) DEPARTMENT.—The term ‘‘Department’’ (19) UNITED STATES.—The term ‘‘United of this Act, the President may delegate the means the Department of Commerce. States’’ means the States of the United power, authority, and discretion conferred (9) EXPORT.— States, the District of Columbia, and any upon the President by this Act to such de- (A) The term ‘‘export’’ means— commonwealth, territory, dependency, or partments, agencies, and officials of the Gov- (i) an actual shipment, transfer, or trans- possession of the United States, and includes ernment as the President considers appro- mission of an item out of the United States; the outer Continental Shelf, as defined in priate. (ii) a transfer to any person of an item ei- section 2(a) of the Outer Continental Shelf (b) EXCEPTIONS.— ther within the United States or outside of Lands Act (42 U.S.C. 1331(a)). (1) DELEGATION TO APPOINTEES CONFIRMED the United States with the knowledge or in- (20) UNITED STATES PERSON.—The term BY SENATE.—No authority delegated to the tent that the item will be shipped, trans- ‘‘United States person’’ means— President under this Act may be delegated ferred, or transmitted to an unauthorized re- (A) any United States citizen, resident, or by the President to, or exercised by, any offi- cipient outside the United States; or national (other than an individual resident cial of any department or agency the head of (iii) a transfer of an item in the United outside the United States who is employed which is not appointed by the President, by States to an embassy or affiliate of a coun- by a person other than a United States per- and with the advice and consent of the Sen- try, which shall be considered an export to son); ate. that country. (B) any domestic concern (including any (2) OTHER LIMITATIONS.—The President may (B) The term includes a reexport. permanent domestic establishment of any not delegate or transfer the President’s (10) FOREIGN AVAILABILITY STATUS.—The foreign concern); and power, authority, or discretion to overrule or term ‘‘foreign availability status’’ means the (C) any foreign subsidiary or affiliate (in- modify any recommendation or decision status described in section 211(d)(1). cluding any permanent foreign establish- made by the Secretary, the Secretary of De- (11) FOREIGN PERSON.—The term ‘‘foreign ment) of any domestic concern which is con- fense, or the Secretary of State under this person’’ means— trolled in fact by such domestic concern, as Act. (A) an individual who is not— determined under regulations prescribed by SEC. 103. PUBLIC INFORMATION; CONSULTATION (i) a United States citizen; the President. REQUIREMENTS. (ii) an alien lawfully admitted for perma- TITLE I—GENERAL AUTHORITY (a) PUBLIC INFORMATION.—The Secretary nent residence to the United States; or SEC. 101. COMMERCE CONTROL LIST. shall keep the public fully informed of (iii) a protected individual as defined in (a) IN GENERAL.—Under such conditions as changes in export control policy and proce- section 274B(a)(3) of the Immigration and Na- the Secretary may impose, consistent with dures instituted in conformity with this Act. tionality Act. (8 U.S.C. 1324b(a)(3)); the provisions of this Act, the Secretary— (b) CONSULTATION WITH PERSONS AF- (B) any corporation, partnership, business (1) shall establish and maintain a Com- FECTED.—The Secretary shall consult regu- association, society, trust, organization, or merce Control List (in this Act referred to as larly with representatives of a broad spec- other nongovernmental entity created or or- the ‘‘Control List’’) consisting of items the trum of enterprises, labor organizations, and ganized under the laws of a foreign country export of which are subject to licensing or citizens interested in or affected by export or that has its principal place of business other authorization or requirement; and controls in order to obtain their views on outside the United States; and (2) may require any type of license, or United States export control policy and the (C) any governmental entity of a foreign other authorization, including recordkeeping foreign availability or mass-market status of country. and reporting, appropriate to the effective controlled items. (12) ITEM.— and efficient implementation of this Act SEC. 104. RIGHT OF EXPORT. (A) IN GENERAL.—The term ‘‘item’’ means any good, technology, or service. with respect to the export of an item on the No license or other authorization to export Control List or otherwise subject to control (B) OTHER DEFINITIONS.—In this paragraph: may be required under this Act, or under under title II or III of this Act. (i) GOOD.—The term ‘‘good’’ means any ar- regulations issued under this Act, except to (b) TYPES OF LICENSE OR OTHER AUTHORIZA- ticle, natural or manmade substance, mate- carry out the provisions of this Act. TION.—The types of license or other author- rial, supply or manufactured product, includ- SEC. 105. EXPORT CONTROL ADVISORY COMMIT- ization referred to in subsection (a)(2) in- ing inspection and test equipment, including TEES. clude the following: source code, and excluding technical data. (a) APPOINTMENT.—Upon the Secretary’s (1) SPECIFIC EXPORTS.—A license that au- (ii) TECHNOLOGY.—The term ‘‘technology’’ own initiative or upon the written request of thorizes a specific export. means specific information that is necessary representatives of a substantial segment of (2) MULTIPLE EXPORTS.—A license that au- for the development, production, or use of an any industry which produces any items sub- thorizes multiple exports in lieu of a license item, and takes the form of technical data or ject to export controls under this Act or for each export. technical assistance. being considered for such controls, the Sec- (3) NOTIFICATION IN LIEU OF LICENSE.— A no- (iii) SERVICE.—The term ‘‘service’’ means retary may appoint export control advisory tification in lieu of a license that authorizes any act of assistance, help or aid. committees with respect to any such items. a specific export or multiple exports subject (13) MASS-MARKET STATUS.—The term Each such committee shall consist of rep- ‘‘mass-market status’’ means the status de- to the condition that the exporter file with resentatives of United States industry and scribed in section 211(d)(2). the Department advance notification of the Government officials, including officials intent to export in accordance with regula- (14) MULTILATERAL EXPORT CONTROL RE- from the Departments of Commerce, De- tions prescribed by the Secretary. GIME.—The term ‘‘multilateral export con- fense, and State, and other appropriate de- trol regime’’ means an international agree- (4) LICENSE EXCEPTION.—Authority to ex- partments and agencies of the Government. ment or arrangement among two or more port an item on the Control List without The Secretary shall permit the widest pos- countries, including the United States, a prior license or notification in lieu of a li- sible participation by the business commu- purpose of which is to coordinate national cense. nity on the export control advisory commit- (c) AFTER-MARKET SERVICE AND REPLACE- export control policies of its members re- tees. MENT PARTS.—A license to export an item garding certain items. The term includes re- (b) FUNCTIONS.— under this Act shall not be required for an gimes such as the Australia Group, the (1) IN GENERAL.—Export control advisory exporter to provide after-market service or Wassenaar Arrangement, the Missile Tech- replacement parts in order to replace on a committees appointed under subsection (a) nology Control Regime (MTCR), and the Nu- one-for-one basis parts that were in an item shall advise and assist the Secretary, and clear Suppliers’ Group Dual Use Arrange- that was lawfully exported from the United any other department, agency, or official of ment. States, unless— the Government carrying out functions (15) NATIONAL SECURITY CONTROL LIST.—The (1) the Secretary determines that such li- under this Act, on actions (including all as- term ‘‘National Security Control List’’ cense is required to export such parts; or pects of controls imposed or proposed) de- means the list established under section (2) the after-market service or replacement signed to carry out the provisions of this Act 202(a). parts would materially enhance the capa- concerning the items with respect to which (16) PERSON.—The term ‘‘person’’ in- bility of an item which was the basis for the such export control advisory committees cludes— item being controlled. were appointed. (A) any individual, or partnership, corpora- (d) INCIDENTAL TECHNOLOGY.—A license or (2) OTHER CONSULTATIONS.—Nothing in tion, business association, society, trust, or- other authorization to export an item under paragraph (1) shall prevent the United States ganization, or any other group created or or- this Act includes authorization to export Government from consulting, at any time, ganized under the laws of a country; and technology related to the item, if the level of with any person representing an industry or (B) any government, or any governmental the technology does not exceed the minimum the general public, regardless of whether entity, including any governmental entity necessary to install, repair, maintain, in- such person is a member of an export control operating as a business enterprise. spect, operate, or use the item. advisory committee. Members of the public (17) REEXPORT.—The term ‘‘reexport’’ (e) REGULATIONS.—The Secretary may pre- shall be given a reasonable opportunity, pur- means the shipment, transfer, trans- scribe such regulations as are necessary to suant to regulations prescribed by the Sec- shipment, or diversion of items from one for- carry out the provisions of this Act. retary, to present information to such com- eign country to another. SEC. 102. DELEGATION OF AUTHORITY. mittees. (18) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—Except as provided in (c) REIMBURSEMENT OF EXPENSES.—Upon means the Secretary of Commerce. subsection (b) and subject to the provisions the request of any member of any export

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.020 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9165 control advisory committee appointed under (A) leading international efforts to control to remove items that no longer warrant con- subsection (a), the Secretary may, if the Sec- the proliferation of chemical and biological trol under this section. retary determines it to be appropriate, reim- weapons, nuclear explosive devices, missile (b) RISK ASSESSMENT.— burse such member for travel, subsistence, delivery systems, key-enabling technologies, (1) REQUIREMENT.—In establishing and and other necessary expenses incurred by and other significant military capabilities; maintaining the National Security Control such member in connection with the duties (B) controlling involvement of United List, the risk factors set forth in paragraph of such member. States persons in, and contributions by (2) shall be considered, weighing national se- (d) CHAIRPERSON.—Each export control ad- United States persons to, foreign programs curity concerns and economic costs. visory committee appointed under sub- intended to develop weapons of mass destruc- (2) RISK FACTORS.—The risk factors re- section (a) shall elect a chairperson, and tion, missiles, and other significant military ferred to in paragraph (1), with respect to shall meet at least every 3 months at the capabilities, and the means to design, test, each item, are as follows: call of the chairperson, unless the chair- develop, produce, stockpile, or use them; and (A) The characteristics of the item. person determines, in consultation with the (C) implementing international treaties or (B) The threat, if any, to the United States other members of the committee, that such other agreements or arrangements con- or the national security interest of the a meeting is not necessary to achieve the cerning controls on exports of designated United States from the misuse or diversion purposes of this section. Each such com- items, reports on the production, processing, of such item. mittee shall be terminated after a period of consumption, and exports and imports of (C) The effectiveness of controlling the 2 years, unless extended by the Secretary for such items, and compliance with verification item for national security purposes of the additional periods of 2 years each. The Sec- programs. United States, taking into account mass- retary shall consult with each such com- (3) To deter acts of international ter- market status, foreign availability, and mittee on such termination or extension of that committee. rorism. other relevant factors. (e) ACCESS TO INFORMATION.—To facilitate (c) END USE AND END USER CONTROLS.— (D) The threat to the national security in- the work of the export control advisory com- Notwithstanding any other provision of this terests of the United States if the item is not mittees appointed under subsection (a), the title, controls may be imposed, based on the controlled. Secretary, in conjunction with other depart- end use or end user, on the export of any (E) Any other appropriate risk factors. ments and agencies participating in the ad- item, that could contribute to the prolifera- (c) REPORT ON CONTROL LIST.—Not later ministration of this Act, shall disclose to tion of weapons of mass destruction or the than 90 days after the date of enactment of each such committee adequate information, means to deliver them. this Act, the Secretary shall submit a report consistent with national security and intel- (d) ENHANCED CONTROLS.— to Congress which lists all items on the Com- ligence sources and methods, pertaining to (1) IN GENERAL.—Notwithstanding any merce Control List controlled on the day be- the reasons for the export controls which are other provisions of this title, the President fore the date of enactment of this Act to pro- in effect or contemplated for the items or may determine that applying the provisions tect the national security of the United policies for which that committee furnishes of section 204 or 211 with respect to an item States, to prevent the proliferation of weap- advice. Information provided by the export on the National Security Control List would ons of mass destruction and the means to de- control advisory committees shall not be constitute a significant threat to the na- liver them, and to deter acts of international subject to disclosure under section 552 of tional security of the United States and that terrorism, not included on the National Se- title 5, United States Code, and such infor- such item requires enhanced control. If the curity Control List pursuant to the provi- mation shall not be published or disclosed President determines that enhanced control sions of this Act. unless the Secretary determines that the should apply to such item, the item may be SEC. 203. COUNTRY TIERS. withholding thereof is contrary to the na- excluded from the provisions of section 204, (a) IN GENERAL.— tional interest. section 211, or both, until such time as the (1) ESTABLISHMENT AND ASSIGNMENT.—In SEC. 106. PRESIDENT’S TECHNOLOGY EXPORT President shall determine that such en- administering export controls for national COUNCIL. hanced control should no longer apply to security purposes under this title, the Presi- The President may establish a President’s such item. The President may not delegate dent shall, not later than 120 days after the Technology Export Council to advise the the authority provided for in this subsection. date of enactment of this Act— President on the implementation, operation, (2) REPORT TO CONGRESS.—The President (A) establish and maintain a country and effectiveness of this Act. shall promptly report any determination de- tiering system in accordance with subsection SEC. 107. PROHIBITION ON CHARGING FEES. scribed in paragraph (1), along with the spe- (b); and No fee may be charged in connection with cific reasons for the determination, to the (B) based on the assessments required the submission or processing of an applica- Committee on Banking, Housing, and Urban under subsection (c), assign each country to tion for an export license under this Act. Affairs of the Senate and the Committee on an appropriate tier for each item or group of TITLE II—NATIONAL SECURITY EXPORT International Relations of the House of Rep- items the export of which is controlled for CONTROLS resentatives. national security purposes under this title. Subtitle A—Authority and Procedures SEC. 202. NATIONAL SECURITY CONTROL LIST. (2) CONSULTATION.—The establishment and SEC. 201. AUTHORITY FOR NATIONAL SECURITY (a) ESTABLISHMENT OF LIST.— assignment of country tiers under this sec- EXPORT CONTROLS. (1) ESTABLISHMENT.—The Secretary shall tion shall be made after consultation with (a) AUTHORITY.— establish and maintain a National Security the Secretary, the Secretary of Defense, the (1) IN GENERAL.—In order to carry out the Control List as part of the Control List. Secretary of State, the intelligence agencies, purposes set forth in subsection (b), the (2) CONTENTS.—The National Security Con- and such other departments and agencies as President may, in accordance with the provi- trol List shall be composed of a list of items the President considers appropriate. sions of this Act, prohibit, curtail, or require the export of which is controlled for national (3) REDETERMINATION AND REVIEW OF AS- a license, or other authorization for the ex- security purposes under this title. SIGNMENTS.—The President may redetermine port of any item subject to the jurisdiction (3) IDENTIFICATION OF ITEMS FOR NATIONAL the assignment of a country to a particular of the United States or exported by any per- SECURITY CONTROL LIST.—The Secretary, with tier at any time and shall review and, as the son subject to the jurisdiction of the United the concurrence of the Secretary of Defense President considers appropriate, reassign States. The President may also require rec- and in consultation with the head of any country tiers on an on-going basis. The Sec- ordkeeping and reporting with respect to the other department or agency of the United retary shall provide notice of any such reas- export of such item. States that the Secretary considers appro- signment to the Committee on Banking, (2) EXERCISE OF AUTHORITY.—The authority priate, shall identify the items to be in- Housing, and Urban Affairs of the Senate and contained in this subsection shall be exer- cluded on the National Security Control List the Committee on International Relations of cised by the Secretary, in consultation with provided that the National Security Control the House of Representatives. the Secretary of Defense, the intelligence List shall, on the date of enactment of this (4) EFFECTIVE DATE OF TIER ASSIGNMENT.— agencies, and such other departments and Act, include all of the items on the Com- An assignment of a country to a particular agencies as the Secretary considers appro- merce Control List controlled on the day be- tier shall take effect on the date on which priate. fore the date of enactment of this Act to pro- notice of the assignment is published in the (b) PURPOSES.—The purposes of national tect the national security of the United Federal Register. security export controls are the following: States, to prevent the proliferation of weap- (b) TIERS.— (1) To restrict the export of items that ons of mass destruction and the means to de- (1) IN GENERAL.—The President shall estab- would contribute to the military potential of liver them, and to deter acts of international lish a country tiering system consisting of countries so as to prove detrimental to the terrorism. The Secretary shall review on a not less than 3 tiers for purposes of this sec- national security of the United States, its al- continuing basis and, with the concurrence tion. lies or countries sharing common strategic of the Secretary of Defense and in consulta- (2) RANGE.—Countries that represent the objectives with the United States. tion with the head of any other department lowest risk of diversion or misuse of an item (2) To stem the proliferation of weapons of or agency of the United States that the Sec- on the National Security Control List shall mass destruction, and the means to deliver retary considers appropriate, adjust the Na- be assigned to the lowest tier. Countries that them, and other significant military capa- tional Security Control List to add items represent the highest risk of diversion or bilities by— that require control under this section and misuse of an item on the National Security

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.020 pfrm01 PsN: S06PT1 S9166 CONGRESSIONAL RECORD — SENATE September 6, 2001 Control List shall be assigned to the highest port to a country an item that is produced in Control List, and a license or other author- tier. a country other than the United States and ization shall not be required under this title (3) OTHER COUNTRIES.—Countries that fall incorporates parts or components that are with respect to the item, unless the Presi- between the lowest and highest risk to the subject to the jurisdiction of the United dent makes a determination described in sec- national security interest of the United States, if the value of the controlled United tion 212 or 213, or takes action under section States with respect to the risk of diversion States content of the item produced in such 309, with respect to the item in that 30-day or misuse of an item on the National Secu- other country is 25 percent or less of the period. rity Control List shall be assigned to a tier total value of the item; except that in the (d) CRITERIA FOR DETERMINING FOREIGN other than the lowest or highest tier, based case of reexports of an item to a country des- AVAILABILITY AND MASS-MARKET STATUS.— on the assessments required under sub- ignated as a country supporting inter- (1) FOREIGN AVAILABILITY STATUS.—The section (c). national terrorism pursuant to section 310, Secretary shall determine that an item has (c) ASSESSMENTS.—The President shall controls may be maintained if the value of foreign availability status under this sub- make an assessment of each country in as- the controlled United States content is more title, if the item (or a substantially identical signing a country tier taking into consider- than 10 percent of the total value of the or directly competitive item)— ation risk factors including the following: item. (A) is available to controlled countries (1) The present and potential relationship (2) DEFINITION OF CONTROLLED UNITED from sources outside the United States, in- of the country with the United States. STATES CONTENT.—For purposes of this para- cluding countries that participate with the (2) The present and potential relationship graph, the term ‘‘controlled United States United States in multilateral export con- of the country with countries friendly to the content’’ of an item means those parts or trols; United States and with countries hostile to components that— (B) can be acquired at a price that is not the United States. (A) are subject to the jurisdiction of the excessive when compared to the price at (3) The country’s capabilities regarding United States; which a controlled country could acquire chemical, biological, and nuclear weapons (B) are incorporated into the item; and such item from sources within the United and the country’s membership in, and level (C) would, at the time of the reexport, re- States in the absence of export controls; and of compliance with, relevant multilateral ex- quire a license under this title if exported (C) is available in sufficient quantity so port control regimes. from the United States to a country to which that the requirement of a license or other (4) The country’s capabilities regarding the item is to be reexported. authorization with respect to the export of missile systems and the country’s member- SEC. 205. PETITION PROCESS FOR MODIFYING such item is or would be ineffective. ship in, and level of compliance with, rel- EXPORT STATUS. (2) MASS-MARKET STATUS.— evant multilateral export control regimes. (a) ESTABLISHMENT.—The Secretary shall (A) IN GENERAL.—In determining whether (5) Whether the country, if a NATO or establish a process for interested persons to an item has mass-market status under this major non-NATO ally with whom the United petition the Secretary to change the status subtitle, the Secretary shall consider the fol- States has entered into a free trade agree- of an item on the National Security Control lowing criteria with respect to the item (or ment as of January 1, 1986, controls exports List. a substantially identical or directly competi- in accordance with the criteria and stand- (b) EVALUATIONS AND DETERMINATIONS.— tive item): ards of a multilateral export control regime Evaluations and determinations with respect (i) The production and availability for sale as defined in section 2(14) pursuant to an to a petition filed pursuant to this section in a large volume to multiple potential pur- international agreement to which the United shall be made in accordance with section 202. chasers. States is a party. Subtitle B—Foreign Availability and Mass- (ii) The widespread distribution through (6) The country’s other military capabili- Market Status normal commercial channels, such as retail ties and the potential threat posed by the SEC. 211. DETERMINATION OF FOREIGN AVAIL- stores, direct marketing catalogues, elec- country to the United States or its allies. ABILITY AND MASS-MARKET STATUS. tronic commerce, and other channels. (7) The effectiveness of the country’s ex- (a) IN GENERAL.—The Secretary shall— (iii) The conduciveness to shipment and de- port control system. (1) on a continuing basis, livery by generally accepted commercial (8) The level of the country’s cooperation (2) upon a request from the Office of Tech- means of transport. with United States export control enforce- nology Evaluation, or (iv) The use for the item’s normal intended ment and other efforts. (3) upon receipt of a petition filed by an in- purpose without substantial and specialized (9) The risk of export diversion by the terested person, service provided by the manufacturer, dis- country to a higher tier country. review and determine the foreign avail- tributor, or other third party. (10) The designation of the country as a ability and the mass-market status of any (B) DETERMINATION BY SECRETARY.—If the country supporting international terrorism item the export of which is controlled under Secretary finds that the item (or a substan- under section 310. this title. tially identical or directly competitive item) (d) TIER APPLICATION.—The country tiering (b) PETITION AND CONSULTATION.— meets the criteria set forth in subparagraph system shall be used in the determination of (1) IN GENERAL.—The Secretary shall estab- (A), the Secretary shall determine that the license requirements pursuant to section lish a process for an interested person to pe- item has mass-market status. 201(a)(1). tition the Secretary for a determination that (3) SPECIAL RULES.—For purposes of this SEC. 204. INCORPORATED PARTS AND COMPO- an item has a foreign availability or mass- subtitle— NENTS. market status. In evaluating and making a (A) SUBSTANTIALLY IDENTICAL ITEM.—The (a) EXPORT OF ITEMS CONTAINING CON- determination with respect to a petition determination of whether an item in relation TROLLED PARTS AND COMPONENTS.—Controls filed under this section, the Secretary shall to another item is a substantially identical may not be imposed under this title or any consult with the Secretary of Defense, Sec- item shall include a fair assessment of end- other provision of law on an item solely be- retary of State, and other appropriate Gov- uses, the properties, nature, and quality of cause the item contains parts or components ernment agencies and with the Office of the item. subject to export controls under this title, if Technology Evaluation (established pursu- (B) DIRECTLY COMPETITIVE ITEM.— the parts or components— ant to section 214). (i) IN GENERAL.—The determination of (1) are essential to the functioning of the (2) TIME FOR MAKING DETERMINATION.—The whether an item in relation to another item item, Secretary shall, within 6 months after re- is a directly competitive item shall include a (2) are customarily included in sales of the ceiving a petition described in subsection fair assessment of whether the item, al- item in countries other than controlled (a)(3), determine whether the item that is though not substantially identical in its in- countries, and the subject of the petition has foreign avail- trinsic or inherent characteristics, is sub- (3) comprise 25 percent or less of the total ability or mass-market status and shall no- stantially equivalent for commercial pur- value of the item, tify the petitioner of the determination. poses and may be adapted for substantially unless the item itself, if exported, would by (c) RESULT OF DETERMINATION.—In any case the same uses. virtue of the functional characteristics of in which the Secretary determines, in ac- (ii) EXCEPTION.—An item is not directly the item as a whole make a significant con- cordance with procedures and criteria which competitive with a controlled item if the tribution to the military or proliferation po- the Secretary shall by regulation establish, item is not of comparable quality to the con- tential of a controlled country or end user that an item described in subsection (a) trolled item with respect to characteristics which would prove detrimental to the na- has— that resulted in the export of the item being tional security of the United States, or un- (1) a foreign availability status, or controlled. less failure to control the item would be con- (2) a mass-market status, SEC. 212. PRESIDENTIAL SET-ASIDE OF FOREIGN trary to the provisions of section 201(c), sec- the Secretary shall notify the President (and AVAILABILITY STATUS DETERMINA- tion 201(d), or section 309 of this Act. other appropriate departments and agencies) TION. (b) REEXPORTS OF FOREIGN-MADE ITEMS IN- and publish the notice of the determination (a) CRITERIA FOR PRESIDENTIAL SET- CORPORATING UNITED STATES CONTROLLED in the Federal Register. The Secretary’s de- ASIDE.— CONTENT.— termination shall become final 30 days after (1) GENERAL CRITERIA.— (1) IN GENERAL.—No authority or permis- the date the notice is published, the item (A) IN GENERAL.—If the President deter- sion may be required under this title to reex- shall be removed from the National Security mines that—

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(i) decontrolling or failing to control an (4) ACTION ON EXPIRATION OF PRESIDENTIAL item is available to controlled countries and item constitutes a threat to the national se- SET-ASIDE.—Upon the expiration of a Presi- whether requiring a license, or denial of a li- curity of the United States, and export con- dential set-aside under paragraph (3) with re- cense for the export of such item, is or would trols on the item would advance the national spect to an item, the Secretary shall not re- be ineffective; security interests of the United States, quire a license or other authorization to ex- (2) conducting mass-market assessments to (ii) there is a high probability that the for- port the item. determine whether a controlled item is eign availability of an item will be elimi- SEC. 213. PRESIDENTIAL SET-ASIDE OF MASS- available to controlled countries because of nated through international negotiations MARKET STATUS DETERMINATION. the mass-market status of the item; within a reasonable period of time taking (a) CRITERIA FOR PRESIDENTIAL SET- (3) monitoring and evaluating worldwide into account the characteristics of the item, ASIDE.— technological developments in industry sec- or (1) GENERAL CRITERIA.—If the President de- tors critical to the national security inter- (iii) United States controls on the item termines that— ests of the United States to determine for- have been imposed under section 309, (A)(i) decontrolling or failing to control an eign availability and mass-market status of the President may set aside the Secretary’s item constitutes a serious threat to the na- controlled items; determination of foreign availability status tional security of the United States, and (4) monitoring and evaluating multilateral with respect to the item. (ii) export controls on the item would ad- export control regimes and foreign govern- (B) NONDELEGATION.—The President may vance the national security interests of the ment export control policies and practices not delegate the authority provided for in United States, or that affect the national security interests of this paragraph. (B) United States controls on the item the United States; (2) REPORT TO CONGRESS.—The President have been imposed under section 309, (5) conducting assessments of United shall promptly— the President may set aside the Secretary’s States industrial sectors critical to the (A) report any set-aside determination de- determination of mass-market status with United States defense industrial base and scribed in paragraph (1), along with the spe- respect to the item. how the sectors are affected by technological cific reasons for the determination, to the (2) NONDELEGATION.—The President may developments, technology transfers, and for- Committee on Banking, Housing, and Urban not delegate the authority provided for in eign competition, including imports of man- Affairs of the Senate and the Committee on this subsection. ufactured goods; and International Relations of the House of Rep- (b) PRESIDENTIAL ACTION IN CASE OF SET- (6) conducting assessments of the impact of resentatives; and ASIDE.— United States export control policies on— (B) publish the determination in the Fed- (1) IN GENERAL.—In any case in which ex- (A) United States industrial sectors crit- eral Register. port controls are maintained on an item be- ical to the national security interests of the (b) PRESIDENTIAL ACTION IN CASE OF SET- cause the President has made a determina- United States; and ASIDE.— tion under subsection (a), the President shall (B) the United States economy in general. (1) IN GENERAL.— promptly report the determination, along (c) REPORTS TO CONGRESS.—The Secretary shall make available to the Committee on (A) NEGOTIATIONS.—In any case in which with the specific reasons for the determina- export controls are maintained on an item tion, to the Committee on Banking, Housing, International Relations of the House of Rep- because the President has made a determina- and Urban Affairs of the Senate and the resentatives and the Committee on Banking, Housing, and Urban Affairs of the Senate as tion under subsection (a), the President shall Committee on International Relations of the part of the Secretary’s annual report re- actively pursue negotiations with the gov- House of Representatives, and shall publish quired under section 701 information on the ernments of the appropriate foreign coun- notice of the determination in the Federal operations of the Office, and on improve- tries for the purpose of eliminating such Register not later than 30 days after the Sec- retary publishes notice of the Secretary’s de- ments in the Government’s ability to assess availability. foreign availability and mass-market status, (B) REPORT TO CONGRESS.—Not later than termination that an item has mass-market status. during the fiscal year preceding the report, the date the President begins negotiations, including information on the training of per- (2) PERIODIC REVIEW OF DETERMINATION.— the President shall notify in writing the sonnel, and the use of Commercial Service The President shall review a determination Committee on Banking, Housing, and Urban Officers of the United States and Foreign made under subsection (a) at least every 6 Affairs of the Senate and the Committee on Commercial Service to assist in making de- months. Promptly after each review is com- International Relations of the House of Rep- terminations. The information shall also in- pleted, the Secretary shall submit a report resentatives that the President has begun clude a description of determinations made such negotiations and why the President be- on the results of the review to the Com- under this Act during the preceding fiscal lieves it is important to the national secu- mittee on Banking, Housing, and Urban Af- year that foreign availability or mass-mar- rity that export controls on the item in- fairs of the Senate and the Committee on ket status did or did not exist (as the case volved be maintained. International Relations of the House of Rep- may be), together with an explanation of the (2) PERIODIC REVIEW OF DETERMINATION.— resentatives. determinations. The President shall review a determination SEC. 214. OFFICE OF TECHNOLOGY EVALUATION. (d) SHARING OF INFORMATION.—Each depart- described in subsection (a) at least every 6 (a) IN GENERAL.— ment or agency of the United States, includ- months. Promptly after each review is com- (1) ESTABLISHMENT OF OFFICE.—The Sec- ing any intelligence agency, and all contrac- pleted, the Secretary shall submit to the retary shall establish in the Department of tors with any such department or agency, committees of Congress referred to in para- Commerce an Office of Technology Evalua- shall, consistent with the need to protect in- graph (1)(B) a report on the results of the re- tion (in this section referred to as the ‘‘Of- telligence sources and methods, furnish in- view, together with the status of inter- fice’’), which shall be under the direction of formation to the Office concerning foreign national negotiations to eliminate the for- the Secretary. The Office shall be respon- availability and the mass-market status of eign availability of the item. sible for gathering, coordinating, and ana- items subject to export controls under this (3) EXPIRATION OF PRESIDENTIAL SET- lyzing all the necessary information in order Act. ASIDE.—A determination by the President de- for the Secretary to make determinations of TITLE III—FOREIGN POLICY EXPORT scribed in subsection (a)(1)(A) (i) or (ii) shall foreign availability and mass-market status CONTROLS cease to apply with respect to an item on the under this Act. SEC. 301. AUTHORITY FOR FOREIGN POLICY EX- earlier of— (2) STAFF.— PORT CONTROLS. (A) the date that is 6 months after the date (A) IN GENERAL.—The Secretary shall en- (a) AUTHORITY.— on which the determination is made under sure that the Office include persons to carry (1) IN GENERAL.—In order to carry out the subsection (a), if the President has not com- out the responsibilities set forth in sub- purposes set forth in subsection (b), the menced international negotiations to elimi- section (b) of this section that have training, President may, in accordance with the provi- nate the foreign availability of the item expertise, and experience in— sions of this Act, prohibit, curtail, or require within that 6-month period; (i) economic analysis; a license, other authorization, record- (B) the date on which the negotiations de- (ii) the defense industrial base; keeping, or reporting for the export of any scribed in paragraph (1) have terminated (iii) technological developments; and item subject to the jurisdiction of the United without achieving an agreement to elimi- (iv) national security and foreign policy States or exported by any person subject to nate foreign availability; export controls. the jurisdiction of the United States. (C) the date on which the President deter- (B) DETAILEES.—In addition to employees (2) EXERCISE OF AUTHORITY.—The authority mines that there is not a high probability of of the Department of Commerce, the Sec- contained in this subsection shall be exer- eliminating foreign availability of the item retary may accept on nonreimbursable detail cised by the Secretary, in consultation with through negotiation; or to the Office, employees of the Departments the Secretary of State and such other de- (D) the date that is 18 months after the of Defense, State, and Energy and other de- partments and agencies as the Secretary date on which the determination described in partments and agencies as appropriate. considers appropriate. subsection (a)(1)(A) (i) or (ii) is made if the (b) RESPONSIBILITIES.—The Office shall be (b) PURPOSES.—The purposes of foreign pol- President has been unable to achieve an responsible for— icy export controls are the following: agreement to eliminate foreign availability (1) conducting foreign availability assess- (1) To promote the foreign policy objec- within that 18-month period. ments to determine whether a controlled tives of the United States, consistent with

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IMPOSITION OF CONTROLS. ish acts of international terrorism and to en- Committee on International Relations of the The President may impose an export con- courage other countries to take immediate House of Representatives regarding any ex- trol under this title after the submission of steps to prevent the use of their territories port control proposed under this title and the report required under section 304 and or resources to aid, encourage, or give sanc- the efforts to achieve or increase multilat- publication in the Federal Register of a no- tuary to those persons involved in directing, eral cooperation on the issues or problems tice of the imposition of the export control . supporting, or participating in acts of inter- underlying the proposed export control. SEC. 306. DEFERRAL AUTHORITY. national terrorism. (2) CLASSIFIED CONSULTATION.—The con- (a) AUTHORITY.—The President may defer (c) FOREIGN PRODUCTS.—No authority or sultations described in paragraph (1) may be compliance with any requirement contained permission may be required under this title conducted on a classified basis if the Sec- in section 302(a), 304, or 305 in the case of a to reexport to a country an item that is pro- retary considers it necessary. proposed export control if— duced in a country other than the United SEC. 303. CRITERIA FOR FOREIGN POLICY EX- (1) the President determines that a deferral States and incorporates parts or components PORT CONTROLS. of compliance with the requirement is in the that are subject to the jurisdiction of the Each export control imposed by the Presi- national interest of the United States; and United States, except that in the case of re- dent under this title shall— (2) the requirement is satisfied not later exports of an item to a country designated as (1) have clearly stated and specific United than 60 days after the date on which the ex- a country supporting international terrorism States foreign policy objectives; port control is imposed under this title. pursuant to section 310, controls may be (2) have objective standards for evaluating (b) TERMINATION OF CONTROL.—An export maintained if the value of the controlled the success or failure of the export control; control with respect to which a deferral has United States content is more than 10 per- (3) include an assessment by the President been made under subsection (a) shall termi- cent of the value of the item. that— nate 60 days after the date the export control (d) CONTRACT SANCTITY.— (A) the export control is likely to achieve is imposed unless all requirements have been (1) IN GENERAL.—The President may not such objectives and the expected time for satisfied before the expiration of the 60-day prohibit the export of any item under this achieving the objectives; and period. title if that item is to be exported— (B) the achievement of the objectives of SEC. 307. REVIEW, RENEWAL, AND TERMINATION. (A) in performance of a binding contract, the export control outweighs any potential (a) RENEWAL AND TERMINATION.— agreement, or other contractual commit- costs of the export control to other United (1) IN GENERAL.—Any export control im- ment entered into before the date on which States economic, foreign policy, humani- posed under this title shall terminate on the President reports to Congress the Presi- tarian, or national security interests; March 31 of each renewal year unless the dent’s intention to impose controls on that (4) be targeted narrowly; and President renews the export control on or be- item under this title; or (5) seek to minimize any adverse impact on fore such date. For purposes of this section, (B) under a license or other authorization the humanitarian activities of United States the term ‘‘renewal year’’ means 2003 and issued under this Act before the earlier of and foreign nongovernmental organizations every 2 years thereafter. the date on which the control is initially im- in the country subject to the export control. (2) EXCEPTION.—This section shall not posed or the date on which the President re- SEC. 304. PRESIDENTIAL REPORT BEFORE IMPO- apply to an export control imposed under ports to Congress the President’s intention SITION OF CONTROL. this title that— to impose controls under this title. (a) REQUIREMENT.—Before imposing an ex- (A) is required by law; (2) EXCEPTION.—The prohibition contained port control under this title, the President (B) is targeted against any country des- in paragraph (1) shall not apply in any case shall submit to the Committee on Banking, ignated as a country supporting inter- in which the President determines and cer- Housing, and Urban Affairs of the Senate and national terrorism pursuant to section 310; tifies to the Committee on Banking, Hous- the Committee on International Relations of or ing, and Urban Affairs of the Senate and the the House of Representatives a report on the (C) has been in effect for less than 1 year as Committee on International Relations of the proposed export control. The report may be of February 1 of a renewal year. House of Representatives that— provided on a classified basis if the Sec- (b) REVIEW.— (A) there is a serious threat to a foreign retary considers it necessary. (1) IN GENERAL.—Not later than February 1 policy interest of the United States; (b) CONTENT.—The report shall contain a of each renewal year, the President shall re- (B) the prohibition of exports under each description and assessment of each of the view all export controls in effect under this binding contract, agreement, commitment, criteria described in section 303. In addition, title. license, or authorization will be instru- the report shall contain a description and as- (2) CONSULTATION.— mental in remedying the situation posing sessment of— (A) REQUIREMENT.—Before completing a re- the serious threat; and (1) any diplomatic and other steps that the view under paragraph (1), the President shall (C) the export controls will be in effect United States has taken to accomplish the consult with the Committee on Banking, only as long as the serious threat exists. intended objective of the proposed export Housing, and Urban Affairs of the Senate and SEC. 302. PROCEDURES FOR IMPOSING CON- control; the Committee on International Relations of TROLS. (2) unilateral export controls imposed, and the House of Representative regarding each (a) NOTICE.— other measures taken, by other countries to export control that is being reviewed. (1) INTENT TO IMPOSE FOREIGN POLICY EX- achieve the intended objective of the pro- (B) CLASSIFIED CONSULTATION.—The con- PORT CONTROL.—Except as provided in sec- posed export control; sultations may be conducted on a classified tion 306, not later than 45 days before impos- (3) the likelihood of multilateral adoption basis if the Secretary considers it necessary. ing or implementing an export control under of comparable export controls; (3) PUBLIC COMMENT.—conducting the re- this title, the President shall publish in the (4) alternative measures to promote the view of each export control under paragraph Federal Register— same objectives and the likelihood of their (1), the President shall provide a period of (A) a notice of intent to do so; and potential success; not less than 30 days for any interested per- (B) provide for a period of not less than 30 (5) any United States obligations under son to submit comments on renewal of the days for any interested person to submit international trade agreements, treaties, or export control. The President shall publish comments on the export control proposed other international arrangements, with notice of the opportunity for public com- under this title. which the proposed export control may con- ment in the Federal Register not less than 45 (2) PURPOSES OF NOTICE.—The purposes of flict; days before the review is required to be com- the notice are— (6) the likelihood that the proposed export pleted. (A) to provide an opportunity for the for- control could lead to retaliation against (c) REPORT TO CONGRESS.— mulation of an effective export control pol- United States interests; (1) REQUIREMENT.—Before renewing an ex- icy under this title that advances United (7) the likely economic impact of the pro- port control imposed under this title, the States economic and foreign policy interests; posed export control on the United States President shall submit to the committees of and economy, United States international trade Congress referred to in subsection (b)(2)(A) a (B) to provide an opportunity for negotia- and investment, and United States agricul- report on each export control that the Presi- tions to achieve the purposes set forth in tural interests, commercial interests, and dent intends to renew. section 301(b). employment; and (2) FORM AND CONTENT OF REPORT.—The re- (b) NEGOTIATIONS.—During the 45-day pe- (8) a conclusion that the probable achieve- port may be provided on a classified basis if riod that begins on the date of notice de- ment of the objectives of the proposed export the Secretary considers it necessary. Each scribed in subsection (a), the President may control outweighs any likely costs to United report shall contain the following: negotiate with the government of the foreign States economic, foreign policy, humani- (A) A clearly stated explanation of the spe- country against which the export control is tarian, or national security interests, includ- cific United States foreign policy objective

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that the existing export control was in- (c) DETERMINATIONS REGARDING REPEATED tion to export crime control or detection in- tended to achieve. SUPPORT.—Each determination of the Sec- struments or equipment shall be made in (B) An assessment of— retary of State under subsection (a)(1), in- concurrence with the recommendations of (i) the extent to which the existing export cluding each determination in effect on the the Secretary of State submitted to the Sec- control achieved its objectives before re- date of the enactment of the Antiterrorism retary with respect to the application pursu- newal based on the objective criteria estab- and Arms Export Amendments Act of 1989, ant to section 401 of this Act, lished for evaluating the export control; and shall be published in the Federal Register. except that, if the Secretary does not agree (ii) the reasons why the existing export (d) LIMITATIONS ON RESCINDING DETERMINA- with the Secretary of State with respect to control has failed to fully achieve its objec- TION.—A determination made by the Sec- any determination under paragraph (1) or (2), tives and, if renewed, how the export control retary of State under subsection (a)(1) may the matter shall be referred to the President will achieve that objective before the next not be rescinded unless the President sub- for resolution. renewal year. mits to the Speaker of the House of Rep- (b) EXCEPTION.—Except as herein provided, (C) An updated description and assessment resentatives and the Chairman of the Com- the provisions of this section shall not apply of— mittee on Banking, Housing, and Urban Af- with respect to exports to countries that are (i) each of the criteria described in section fairs and the Chairman of the Committee on members of the North Atlantic Treaty Orga- Foreign Relations of the Senate— 303, and nization or to Japan, Australia, or New Zea- (1) before the proposed rescission would (ii) each matter required to be reported land, or to such other countries as the Presi- take effect, a report certifying that— under section 304(b) (1) through (8). dent shall designate consistent with the pur- (A) there has been a fundamental change in (3) RENEWAL OF EXPORT CONTROL.—The poses of this section and section 502B of the the leadership and policies of the govern- President may renew an export control Foreign Assistance Act of 1961 (22 U.S.C. ment of the country concerned; under this title after submission of the re- 2304). The provisions of subsection (a) shall (B) that government is not supporting acts port described in paragraph (2) and publica- apply with respect to exports of any of the of international terrorism; and tion of notice of renewal in the Federal Reg- items identified in subsection (c). (C) that government has provided assur- (c) REPORT.—Notwithstanding the provi- ister. ances that it will not support acts of inter- sions of section 602 or any other confiden- SEC. 308. TERMINATION OF CONTROLS UNDER national terrorism in the future; or tiality requirements, the Secretary shall in- THIS TITLE. (2) at least 45 days before the proposed re- clude in the annual report submitted to Con- (a) IN GENERAL.—Notwithstanding any scission would take effect, a report justi- gress pursuant to section 701 a report de- other provision of law, the President— fying the rescission and certifying that— scribing the aggregate number of licenses ap- (1) shall terminate any export control im- (A) the government concerned has not pro- proved during the preceding calendar year posed under this title if the President deter- vided any support for international ter- for the export of any items listed in the fol- mines that the control has substantially rorism during the preceding 6-month period; lowing paragraphs identified by country and achieved the objective for which it was im- and control list number: posed; and (B) the government concerned has provided (1) Serrated thumbcuffs, leg irons, (2) may terminate at any time any export assurances that it will not support acts of thumbscrews, and electro-shock stun belts. control imposed under this title that is not international terrorism in the future. (2) Leg cuffs, thumbcuffs, shackle boards, required by law. (e) INFORMATION TO BE INCLUDED IN NOTIFI- restraint chairs, straitjackets, and plastic (b) EXCEPTION.—Paragraphs (1) and (2) of CATION.—The Secretary and the Secretary of handcuffs. subsection (a) do not apply to any export State shall include in the notification re- (3) Stun guns, shock batons, electric cattle control imposed pursuant to section 310. quired by subsection (b)— prods, immobilization guns and projectiles, (c) EFFECTIVE DATE OF TERMINATION.—The (1) a detailed description of the item to be other than equipment used exclusively to termination of an export control pursuant to offered, including a brief description of the treat or tranquilize animals and arms de- this section shall take effect on the date no- capabilities of any item for which a license signed solely for signal, flare, or saluting tice of the termination is published in the to export is sought; use. Federal Register. (2) the reasons why the foreign country or (4) Technology exclusively for the develop- SEC. 309. COMPLIANCE WITH INTERNATIONAL international organization to which the ex- ment or production of electro-shock devices. OBLIGATIONS. port or transfer is proposed to be made needs (5) Pepper gas weapons and saps. Notwithstanding any other provision of the item which is the subject of such export (6) Any other item or technology the Sec- this Act setting forth limitations on author- or transfer and a description of the manner retary determines is a specially designed in- ity to control exports and except as provided in which such country or organization in- strument of torture or is especially suscep- in section 304, the President may impose tends to use the item; tible to abuse as an instrument of torture. controls on exports to a particular country (3) the reasons why the proposed export or TITLE IV—PROCEDURES FOR EXPORT LI- or countries— transfer is in the national interest of the CENSES AND INTERAGENCY DISPUTE (1) of items listed on the control list of a United States; RESOLUTION multilateral export control regime, as de- (4) an analysis of the impact of the pro- SEC. 401. EXPORT LICENSE PROCEDURES. fined in section 2(14); or posed export or transfer on the military ca- (a) RESPONSIBILITY OF THE SECRETARY.— (2) in order to fulfill obligations or com- pabilities of the foreign country or inter- (1) IN GENERAL.—All applications for a li- mitments of the United States under resolu- national organization to which such export cense or other authorization to export a con- tions of the United Nations and under trea- or transfer would be made; trolled item shall be filed in such manner ties, or other international agreements and (5) an analysis of the manner in which the and include such information as the Sec- arrangements, to which the United States is proposed export would affect the relative retary may, by regulation, prescribe. a party. military strengths of countries in the region (2) PROCEDURES.—In guidance and regula- SEC. 310. DESIGNATION OF COUNTRIES SUP- to which the item which is the subject of tions that implement this section, the Sec- PORTING INTERNATIONAL TER- such export would be delivered and whether retary shall describe the procedures required RORISM. other countries in the region have com- by this section, the responsibilities of the (a) LICENSE REQUIRED.—Notwithstanding parable kinds and amounts of the item; and Secretary and of other departments and any other provision of this Act setting forth (6) an analysis of the impact of the pro- agencies in reviewing applications, the limitations on the authority to control ex- posed export or transfer on the United States rights of the applicant, and other relevant ports, a license shall be required for the ex- relations with the countries in the region to matters affecting the review of license appli- port of any item to a country if the Sec- which the item which is the subject of such cations. retary of State has determined that— export would be delivered. (3) CALCULATION OF PROCESSING TIMES.—In (1) the government of such country has re- SEC. 311. CRIME CONTROL INSTRUMENTS. calculating the processing times set forth in peatedly provided support for acts of inter- (a) IN GENERAL.—In order to promote re- this title, the Secretary shall use calendar national terrorism; and spect for fundamental human rights, crime days, except that if the final day for a re- (2) the export of the item could make a sig- control and detection instruments and equip- quired action falls on a weekend or holiday, nificant contribution to the military poten- ment shall be approved for export by the that action shall be taken no later than the tial of such country, including its military Secretary only pursuant to an individual ex- following business day. logistics capability, or could enhance the port license. Notwithstanding any other pro- (4) CRITERIA FOR EVALUATING APPLICA- ability of such country to support acts of vision of this Act— TIONS.—In determining whether to grant an international terrorism. (1) any determination by the Secretary of application to export a controlled item (b) NOTIFICATION.—The Secretary and the what goods or technology shall be included under this Act, the following criteria shall Secretary of State shall notify the Com- on the list established pursuant to this sub- be considered: mittee on International Relations of the section as a result of the export restrictions (A) The characteristics of the controlled House of Representatives and the Committee imposed by this section shall be made with item. on Banking, Housing, and Urban Affairs and the concurrence of the Secretary of State, (B) The threat to— the Committee on Foreign Relations of the and (i) the national security interests of the Senate at least 30 days before issuing any li- (2) any determination by the Secretary to United States from items controlled under cense required by subsection (a). approve or deny an export license applica- title II of this Act; or

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(ii) the foreign policy of the United States the Secretary any information that is not in (1) IN GENERAL.—The Secretary shall estab- from items controlled under title III of this the application that would be required for lish appropriate procedures for an applicant Act. the department or agency to make a deter- to appeal to the Secretary the denial of an (C) The country tier designation of the mination with respect to the application, application or other administrative action country to which a controlled item is to be and the Secretary shall promptly request under this Act. In any case in which the Sec- exported pursuant to section 203. such information from the applicant. The retary proposes to reverse the decision with (D) The risk of export diversion or misuse time that may elapse between the date the respect to the application, the appeal under by— information is requested by that department this subsection shall be handled in accord- (i) the exporter; or agency and the date the information is re- ance with the interagency dispute resolution (ii) the method of export; ceived by that department or agency shall process provided for in section 402(b)(3). (iii) the end-user; not be included in calculating the time peri- (2) ENFORCEMENT OF TIME LIMITS.— (iv) the country where the end-user is lo- ods prescribed in this title. (A) IN GENERAL.—In any case in which an cated; and (4) TIME PERIOD FOR ACTION BY REFERRAL action prescribed in this section is not taken (v) the end-use. DEPARTMENTS AND AGENCIES.—Within 30 days on an application within the time period es- (E) Risk mitigating factors including, but after the Secretary refers an application tablished by this section (except in the case not limited to— under this section, each department or agen- of a time period extended under subsection (i) changing the characteristics of the con- cy to which an application has been referred (g) of which the applicant is notified), the ap- trolled item; shall provide the Secretary with a rec- plicant may file a petition with the Sec- (ii) after-market monitoring by the ex- ommendation either to approve the license retary requesting compliance with the re- porter; and or to deny the license. A recommendation quirements of this section. When such peti- (iii) post-shipment verification. that the Secretary deny a license shall in- tion is filed, the Secretary shall take imme- (b) INITIAL SCREENING.— clude a statement of reasons for the rec- diate steps to correct the situation giving (1) UPON RECEIPT OF APPLICATION.—Upon re- ommendation that are consistent with the rise to the petition and shall immediately ceipt of an export license application, the provisions of this title, and shall cite both notify the applicant of such steps. Secretary shall enter and maintain in the the specific statutory and regulatory basis (B) BRINGING COURT ACTION.—If, within 20 records of the Department information re- for the recommendation. A department or days after a petition is filed under subpara- garding the receipt and status of the applica- agency that fails to provide a recommenda- graph (A), the processing of the application tion. tion in accordance with this paragraph with- has not been brought into conformity with (2) INITIAL PROCEDURES.— in that 30-day period shall be deemed to have the requirements of this section, or the proc- (A) IN GENERAL.—Not later than 9 days no objection to the decision of the Secretary essing of the application has been brought after receiving any license application, the on the application. into conformity with such requirements but Secretary shall— (d) ACTION BY THE SECRETARY.—Not later the Secretary has not so notified the appli- (i) contact the applicant if the application than 30 days after the date the application is cant, the applicant may bring an action in is improperly completed or if additional in- referred, the Secretary shall— an appropriate United States district court formation is required, and hold the applica- (1) if there is agreement among the referral for an order requiring compliance with the tion for a reasonable time while the appli- departments and agencies to issue or deny time periods required by this section. cant provides the necessary corrections or the license— information, and such time shall not be in- (A) issue the license and ensure all appro- (g) EXCEPTIONS FROM REQUIRED TIME PERI- cluded in calculating the time periods pre- priate personnel in the Department (includ- ODS.—The following actions related to proc- scribed in this title; and ing the Office of Export Enforcement) are essing an application shall not be included in (ii) upon receipt of completed application— notified of all approved license applications; calculating the time periods prescribed in (I) ensure that the classification stated on or this section: the application for the export items is cor- (B) notify the applicant of the intention to (1) AGREEMENT OF THE APPLICANT.—Delays rect; deny the license; or upon which the Secretary and the applicant (II) refer the application, through the use (2) if there is no agreement among the re- mutually agree. of a common data-base or other means, and ferral departments and agencies, notify the (2) PRELICENSE CHECKS.—A prelicense all information submitted by the applicant, applicant that the application is subject to check (for a period not to exceed 60 days) and all necessary recommendations and the interagency dispute resolution process that may be required to establish the iden- analyses by the Secretary to the Secretary provided for in section 402. tity and reliability of the recipient of items of Defense, the Secretary of State, and the (e) CONSEQUENCES OF APPLICATION DE- controlled under this Act, if— heads of any other departments and agencies NIAL.— (A) the need for the prelicense check is de- the Secretary considers appropriate; or (1) IN GENERAL.—If a determination is termined by the Secretary or by another de- (III) return the application if a license is made to deny a license, the applicant shall partment or agency in any case in which the not required. be informed in writing, consistent with the request for the prelicense check is made by (B) REFERRAL NOT REQUIRED.—In the event protection of intelligence information such department or agency; that the head of a department or agency de- sources and methods, by the Secretary of— (B) the request for the prelicense check is termines that certain types of applications (A) the determination; initiated by the Secretary within 5 days need not be referred to the department or (B) the specific statutory and regulatory after the determination that the prelicense agency, such department or agency head bases for the proposed denial; check is required; and shall notify the Secretary of the specific (C) what, if any, modifications to, or re- (C) the analysis of the result of the types of such applications that the depart- strictions on, the items for which the license prelicense check is completed by the Sec- ment or agency does not wish to review. was sought would allow such export to be retary within 5 days. (3) WITHDRAWAL OF APPLICATION.—An appli- compatible with export controls imposed (3) REQUESTS FOR GOVERNMENT-TO-GOVERN- cant may, by written notice to the Sec- under this Act, and which officer or em- MENT ASSURANCES.—Any request by the Sec- retary, withdraw an application at any time ployee of the Department would be in a posi- retary or another department or agency for before final action. tion to discuss modifications or restrictions government-to-government assurances of (c) ACTION BY OTHER DEPARTMENTS AND with the applicant and the specific statutory suitable end-uses of items approved for ex- AGENCIES.— and regulatory bases for imposing such port, when failure to obtain such assurances (1) REFERRAL TO OTHER AGENCIES.—The modifications or restrictions; would result in rejection of the application, Secretary shall promptly refer a license ap- (D) to the extent consistent with the na- if— plication to the departments and agencies tional security and foreign policy interests (A) the request for such assurances is sent under subsection (b) to make recommenda- of the United States, the specific consider- to the Secretary of State within 5 days after tions and provide information to the Sec- ations that led to the determination to deny the determination that the assurances are retary. the application; and required; (2) RESPONSIBILITY OF REFERRAL DEPART- (E) the availability of appeal procedures. (B) the Secretary of State initiates the re- MENTS AND AGENCIES.—The Secretary of De- (2) PERIOD FOR APPLICANT TO RESPOND.— quest of the relevant government within 10 fense, the Secretary of State, and the heads The applicant shall have 20 days from the days thereafter; and of other reviewing departments and agencies date of the notice of intent to deny the appli- (C) the license is issued within 5 days after shall take all necessary actions in a prompt cation to respond in a manner that addresses the Secretary receives the requested assur- and responsible manner on an application. and corrects the reasons for the denial. If the ances. Each department or agency reviewing an ap- applicant does not adequately address or cor- (4) EXCEPTION.—Whenever a prelicense plication under this section shall establish rect the reasons for denial or does not re- check described in paragraph (2) or assur- and maintain records properly identifying spond, the license shall be denied. If the ap- ances described in paragraph (3) are not re- and monitoring the status of the matter re- plicant does address or correct the reasons quested within the time periods set forth ferred to the department or agency. for denial, the application shall be consid- therein, then the time expended for such (3) ADDITIONAL INFORMATION REQUESTS.— ered in a timely manner. prelicense check or assurances shall be in- Each department or agency to which a li- (f) APPEALS AND OTHER ACTIONS BY APPLI- cluded in calculating the time periods estab- cense application is referred shall specify to CANT.— lished by this section.

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(5) MULTILATERAL REVIEW.—Multilateral (1) IN GENERAL.—Once a final decision is (A) cooperate with governments outside review of a license application to the extent made under subsection (b), the Secretary the regime to restrict the export of items that such multilateral review is required by shall promptly— controlled by such regime; and a relevant multilateral regime. (A) issue the license and ensure that all ap- (B) establish an ongoing mechanism in the (6) CONGRESSIONAL NOTIFICATION.—Such propriate personnel in the Department (in- regime to coordinate planning and imple- time as is required for mandatory congres- cluding the Office of Export Enforcement) mentation of export control measures re- sional notifications under this Act. are notified of all approved license applica- lated to such cooperation. (7) CONSULTATIONS.—Consultation with for- tions; or (6) PERIODIC HIGH-LEVEL MEETINGS.—There eign governments, if such consultation is (B) notify the applicant of the intention to are regular periodic meetings of high-level provided for by a relevant multilateral re- deny the application. representatives of the governments of mem- gime as a precondition for approving a li- (2) MINUTES.—The interagency committee bers of the multilateral export control re- cense. and each level of the interagency dispute res- gime for the purpose of coordinating export (h) CLASSIFICATION REQUESTS AND OTHER olution process shall keep reasonably de- control policies and issuing policy guidance INQUIRIES.— tailed minutes of all meetings. On each mat- to members of the regime. (1) CLASSIFICATION REQUESTS.—In any case ter before the interagency committee or be- (7) COMMON LIST OF CONTROLLED ITEMS.— in which the Secretary receives a written re- fore any other level of the interagency dis- There is agreement on a common list of quest asking for the proper classification of pute resolution process in which members items controlled by the multilateral export an item on the Control List or the applica- disagree, each member shall clearly state control regime. bility of licensing requirements under this the reasons for the member’s position and (8) REGULAR UPDATES OF COMMON LIST.— title, the Secretary shall promptly notify the reasons shall be entered in the minutes. There is a procedure for removing items the Secretary of Defense and the head of any TITLE V—INTERNATIONAL ARRANGE- from the list of controlled items when the department or agency the Secretary con- control of such items no longer serves the siders appropriate. The Secretary shall, MENTS; FOREIGN BOYCOTTS; SANC- TIONS; AND ENFORCEMENT objectives of the members of the multilat- within 14 days after receiving the request, eral export control regime. inform the person making the request of the SEC. 501. INTERNATIONAL ARRANGEMENTS. (9) TREATMENT OF CERTAIN COUNTRIES.— (a) MULTILATERAL EXPORT CONTROL RE- proper classification. There is agreement to prevent the export or GIMES.— (2) OTHER INQUIRIES.—In any case in which diversion of the most sensitive items to (1) POLICY.—It is the policy of the United the Secretary receives a written request for countries whose activities are threatening to information under this Act, the Secretary States to seek multilateral arrangements that support the national security objectives the national security of the United States or shall, within 30 days after receiving the re- its allies. quest, reply with that information to the of the United States (as described in title II) (10) HARMONIZATION OF LICENSE APPROVAL person making the request. and that establish fairer and more predict- PROCEDURES.—There is harmonization among SEC. 402. INTERAGENCY DISPUTE RESOLUTION able competitive opportunities for United States exporters. the members of the regime of their national PROCESS. export license approval procedures, prac- (a) IN GENERAL.—All license applications (2) PARTICIPATION IN EXISTING REGIMES.— tices, and standards. on which agreement cannot be reached shall Congress encourages the United States to (11) UNDERCUTTING.—There is a limit with be referred to the interagency dispute resolu- continue its active participation in and to respect to when members of a multilateral tion process for decision. strengthen existing multilateral export con- export control regime— (b) INTERAGENCY DISPUTE RESOLUTION trol regimes. (A) grant export licenses for any item that PROCESS.— (3) PARTICIPATION IN NEW REGIMES.—It is is substantially identical to or directly com- (1) INITIAL RESOLUTION.—The Secretary the policy of the United States to participate shall establish, select the chairperson of, and in additional multilateral export control re- petitive with an item controlled pursuant to determine procedures for an interagency gimes if such participation would serve the the regime, where the United States has de- committee to review initially all license ap- national security interests of the United nied an export license for such item, or plications described in subsection (a) with States. (B) approve exports to a particular end respect to which the Secretary and any of (b) ANNUAL REPORT ON MULTILATERAL EX- user to which the United States has denied the referral departments and agencies are PORT CONTROL REGIMES.—Not later than Feb- export license for a similar item. not in agreement. The chairperson shall con- ruary 1 of each year, the President shall sub- (d) STANDARDS FOR NATIONAL EXPORT CON- sider the positions of all the referral depart- mit to the Committee on Banking, Housing, TROL SYSTEMS.—The President shall take ments and agencies (which shall be included and Urban Affairs of the Senate and the steps to attain the cooperation of members in the minutes described in subsection (c)(2)) Committee on International Relations of the of each regime in implementing effective na- and make a decision on the license applica- House of Representatives a report evaluating tional export control systems containing the tion, including appropriate revisions or con- the effectiveness of each multilateral export following features: ditions thereto. control regime, including an assessment of (1) EXPORT CONTROL LAW.—Enforcement au- (2) INTELLIGENCE COMMUNITY.—The analytic the steps undertaken pursuant to sub- thority, civil and criminal penalties, and product of the intelligence community sections (c) and (d). The report, or any part statutes of limitations are sufficient to deter should be fully considered with respect to of this report, may be submitted in classified potential violations and punish violators any proposed license under this title. form to the extent the President considers under the member’s export control law. (3) FURTHER RESOLUTION.—The President necessary. (2) LICENSE APPROVAL PROCESS.—The sys- shall establish additional levels for review or (c) STANDARDS FOR MULTILATERAL EXPORT tem for evaluating export license applica- appeal of any matter that cannot be resolved CONTROL REGIMES.—The President shall take tions includes sufficient technical expertise pursuant to the process described in para- steps to establish the following features in to assess the licensing status of exports and graph (1). Each such review shall— any multilateral export control regime in ensure the reliability of end users. (A) provide for decision-making based on which the United States is participating or (3) ENFORCEMENT.—The enforcement mech- the majority vote of the participating de- may participate: anism provides authority for trained enforce- partments and agencies; (1) FULL MEMBERSHIP.—All supplier coun- ment officers to investigate and prevent ille- (B) provide that a department or agency tries are members of the regime, and the gal exports. that fails to take a timely position, citing policies and activities of the members are (4) DOCUMENTATION.—There is a system of the specific statutory and regulatory bases consistent with the objectives and member- export control documentation and for a position, shall be deemed to have no ob- ship criteria of the multilateral export con- verification with respect to controlled items. jection to the pending decision; trol regime. (5) INFORMATION.—There are procedures for (C) provide that any decision of an inter- (2) EFFECTIVE ENFORCEMENT AND COMPLI- the coordination and exchange of informa- agency committee established under para- ANCE.—The regime promotes enforcement tion concerning licensing, end users, and en- graph (1) or interagency dispute resolution and compliance with the regime’s rules and forcement with other members of the multi- process established under this paragraph guidelines. lateral export control regime. may be escalated to the next higher level of (3) PUBLIC UNDERSTANDING.—The regime (6) RESOURCES.—The member has devoted review at the request of an official appointed makes an effort to enhance public under- adequate resources to administer effectively by the President, by and with the advice of standing of the purpose and procedures of the authorities, systems, mechanisms, and the Senate, or an officer properly acting in the multilateral export control regime. procedures described in paragraphs (1) such capacity, of a department or agency (4) EFFECTIVE IMPLEMENTATION PROCE- through (5). that participated in the interagency com- DURES.—The multilateral export control re- (e) OBJECTIVES REGARDING MULTILATERAL mittee or dispute resolution process that gime has procedures for the uniform and con- EXPORT CONTROL REGIMES.—The President made the decision; and sistent interpretation and implementation of shall seek to achieve the following objectives (D) ensure that matters are resolved or re- its rules and guidelines. with regard to multilateral export control ferred to the President not later than 90 days (5) ENHANCED COOPERATION WITH REGIME regimes: after the date the completed license applica- NONMEMBERS.—There is agreement among (1) STRENGTHEN EXISTING REGIMES.— tion is referred by the Secretary. the members of the multilateral export con- Strengthen existing multilateral export con- (c) FINAL ACTION.— trol regime to— trol regimes—

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.021 pfrm01 PsN: S06PT1 S9172 CONGRESSIONAL RECORD — SENATE September 6, 2001 (A) by creating a requirement to share in- SEC. 502. FOREIGN BOYCOTTS. and no United States person shall, as a result formation about export license applications (a) PURPOSES.—The purposes of this section of the application of this paragraph, be obli- among members before a member approves are as follows: gated to pay or otherwise honor or imple- an export license; and (1) To counteract restrictive trade prac- ment such letter of credit. (B) harmonizing national export license tices or boycotts fostered or imposed by for- (2) EXCEPTIONS.—Regulations issued pursu- approval procedures and practices, including eign countries against other countries ant to paragraph (1) shall provide exceptions the elimination of undercutting. friendly to the United States or against any for— (2) REVIEW AND UPDATE.—Review and up- United States person. (A) compliance, or agreement to comply, date multilateral regime export control lists (2) To encourage and, in specified cases, re- with requirements— with other members, taking into account— quire United States persons engaged in the (i) prohibiting the import of items from (A) national security concerns; export of items to refuse to take actions, in- the boycotted country or items produced or (B) the controllability of items; and cluding furnishing information or entering provided, by any business concern organized (C) the costs and benefits of controls. into or implementing agreements, which under the laws of the boycotted country or (3) ENCOURAGE COMPLIANCE BY NONMEM- have the effect of furthering or supporting by nationals or residents of the boycotted BERS.—Encourage nonmembers of the multi- the restrictive trade practices or boycotts country; or lateral export control regime— fostered or imposed by any foreign country (ii) prohibiting the shipment of items to (A) to strengthen their national export against a country friendly to the United the boycotting country on a carrier of the control regimes and improve enforcement; States or against any United States person. boycotted country or by a route other than (B) to adhere to the appropriate multilat- (b) PROHIBITIONS AND EXCEPTIONS.— that prescribed by the boycotting country or eral export control regime; and (1) PROHIBITIONS.—In order to carry out the the recipient of the shipment; (C) not to undermine an existing multilat- purposes set forth in subsection (a), the (B) compliance, or agreement to comply, eral export control regime by exporting con- President shall issue regulations prohibiting with import and shipping document require- trolled items in a manner inconsistent with any United States person, with respect to ments with respect to the country of origin, the guidelines of the regime. that person’s activities in the interstate or the name of the carrier and route of ship- (f) TRANSPARENCY OF MULTILATERAL EX- foreign commerce of the United States, from ment, the name of the supplier of the ship- PORT CONTROL REGIMES.— taking or knowingly agreeing to take any of ment, or the name of the provider of other (1) PUBLICATION OF INFORMATION ON EACH the following actions with intent to comply services, except that, for purposes of apply- EXISTING REGIME.—Not later than 120 days with, further, or support any boycott fos- ing any exception under this subparagraph, after the date of enactment of this Act, the tered or imposed by a foreign country no information knowingly furnished or con- Secretary shall, for each multilateral export against a country that is friendly to the veyed in response to such requirements may control regime, to the extent that it is not United States and is not itself the object of be stated in negative, blacklisting, or simi- inconsistent with the arrangements of that any form of boycott pursuant to United lar exclusionary terms, other than with re- regime (in the judgment of the Secretary of States law or regulation: spect to carriers or route of shipment as may State) or with the national interest, publish (A) Refusing, or requiring any other person be permitted by such regulations in order to in the Federal Register and post on the De- to refuse, to do business with or in the boy- comply with precautionary requirements partment of Commerce website the following cotted country, with any business concern protecting against war risks and confisca- information with respect to the regime: organized under the laws of the boycotted tion; (A) The purposes of the regime. country, with any national or resident of the (C) compliance, or agreement to comply, in (B) The members of the regime. boycotted country, or with any other person, the normal course of business with the uni- (C) The export licensing policy of the re- pursuant to an agreement with, or require- lateral and specific selection by a boycotting gime. ment of, or a request from or on behalf of the country, or a national or resident thereof, or (D) The items that are subject to export boycotting country (subject to the condition carriers, insurers, suppliers of services to be controls under the regime, together with all that the intent required to be associated performed within the boycotting country, or public notes, understandings, and other as- with such an act in order to constitute a vio- specific items which, in the normal course of pects of the agreement of the regime, and all lation of the prohibition is not indicated business, are identifiable by source when im- changes thereto. solely by the mere absence of a business rela- ported into the boycotting country; (E) Any countries, end uses, or end users tionship with or in the boycotted country, (D) compliance, or agreement to comply, that are subject to the export controls of the with any business concern organized under with export requirements of the boycotting regime. the laws of the boycotted country, with any country relating to shipment or trans- (F) Rules of interpretation. national or resident of the boycotted coun- shipment of exports to the boycotted coun- (G) Major policy actions. try, or with any other person). try, to any business concern of or organized (H) The rules and procedures of the regime (B) Refusing, or requiring any other person under the laws of the boycotted country, or for establishing and modifying any matter to refuse, to employ or otherwise discrimi- to any national or resident of the boycotted described in subparagraphs (A) through (G) nate against any United States person on the country; and for reviewing export license applica- basis of the race, religion, sex, or national (E) compliance by an individual, or agree- tions. origin of that person or of any owner, officer, ment by an individual to comply, with the (2) NEW REGIMES.—Not later than 60 days director, or employee of such person. immigration or passport requirements of any after the United States joins or organizes a (C) Furnishing information with respect to country with respect to such individual or new multilateral export control regime, the the race, religion, sex, or national origin of any member of such individual’s family or Secretary shall, to the extent that it is not any United States person or of any owner, of- with requests for information regarding re- inconsistent with arrangements under the ficer, director, or employee of such person. quirements of employment of such indi- regime (in the judgment of the Secretary of (D) Furnishing information (other than vidual within the boycotting country; and State) or with the national interest, publish furnishing normal business information in a (F) compliance by a United States person in the Federal Register and post on the De- commercial context, as defined by the Sec- resident in a foreign country, or agreement partment of Commerce website the informa- retary) about whether any person has, has by such a person to comply, with the laws of tion described in subparagraphs (A) through had, or proposes to have any business rela- the country with respect to the person’s ac- (H) of paragraph (1) with respect to the re- tionship (including a relationship by way of tivities exclusively therein, and such regula- gime. sale, purchase, legal or commercial represen- tions may contain exceptions for such resi- (3) PUBLICATION OF CHANGES.—Not later tation, shipping or other transport, insur- dent complying with the laws or regulations than 60 days after a multilateral export con- ance, investment, or supply) with or in the of the foreign country governing imports trol regime adopts any change in the infor- boycotted country, with any business con- into such country of trademarked, trade- mation published under this subsection, the cern organized under the laws of the boy- named, or similarly specifically identifiable Secretary shall, to the extent not incon- cotted country, with any national or resi- products, or components of products for such sistent with the arrangements under the re- dent of the boycotted country, or with any person’s own use, including the performance gime or the national interest, publish such other person that is known or believed to be of contractual services within that country. changes in the Federal Register and post restricted from having any business relation- (3) LIMITATION ON EXCEPTIONS.—Regula- such changes on the Department of Com- ship with or in the boycotting country. tions issued pursuant to paragraphs (2)(C) merce website. (E) Furnishing information about whether and (2)(F) shall not provide exceptions from (g) SUPPORT OF OTHER COUNTRIES’ EXPORT any person is a member of, has made a con- paragraphs (1)(B) and (1)(C). CONTROL SYSTEMS.—The Secretary is encour- tribution to, or is otherwise associated with (4) ANTITRUST AND CIVIL RIGHTS LAWS NOT aged to continue to— or involved in the activities of any chari- AFFECTED.—Nothing in this subsection may (1) participate in training of, and provide table or fraternal organization which sup- be construed to supersede or limit the oper- training to, officials of other countries on ports the boycotted country. ation of the antitrust or civil rights laws of the principles and procedures for imple- (F) Paying, honoring, confirming, or other- the United States. menting effective export controls; and wise implementing a letter of credit which (5) EVASION.—This section applies to any (2) participate in any such training pro- contains any condition or requirement the transaction or activity undertaken by or vided by other departments and agencies of compliance with which is prohibited by regu- through a United States person or any other the United States. lations issued pursuant to this paragraph, person with intent to evade the provisions of

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this section or the regulations issued pursu- contractual rights of any kind in the tan- (B) LIMITATION.—A civil penalty may not ant to this subsection. The regulations gible items that were the subject of the vio- be refunded under subparagraph (A) later issued pursuant to this section shall ex- lation; than 2 years after payment of the penalty. pressly provide that the exceptions set forth (B) any of that person’s security or other (2) PROHIBITION ON ACTIONS FOR REFUND.— in paragraph (2) do not permit activities or interest in, claim against, or property or Notwithstanding section 1346(a) of title 28, agreements (expressed or implied by a course contractual rights of any kind in the tan- United States Code, no action for the refund of conduct, including a pattern of responses) gible property that was used in the export or of any civil penalty referred to in paragraph that are otherwise prohibited, pursuant to attempt to export that was the subject of the (1) may be maintained in any court. the intent of such exceptions. violation; and (f) EFFECT OF OTHER CONVICTIONS.— (c) ADDITIONAL REGULATIONS AND RE- (C) any of that person’s property consti- (1) DENIAL OF EXPORT PRIVILEGES.—Any PORTS.— tuting, or derived from, any proceeds ob- person convicted of a violation of— (1) REGULATIONS.—In addition to the regu- tained directly or indirectly as a result of (A) a provision of this Act or the Export lations issued pursuant to subsection (b), the violation. Administration Act of 1979, regulations issued pursuant to title III shall (2) PROCEDURES.—The procedures in any (B) a provision of the International Emer- implement the purposes set forth in sub- forfeiture under this subsection, and the du- gency Economic Powers Act (50 U.S.C. 1701 section (a). ties and authority of the courts of the United et seq.), (2) REPORTS BY UNITED STATES PERSONS.— States and the Attorney General with re- (C) section 793, 794, or 798 of title 18, United The regulations shall require that any spect to any forfeiture action under this sub- States Code, United States person receiving a request to section, or with respect to any property that (D) section 4(b) of the Internal Security furnish information, enter into or implement may be subject to forfeiture under this sub- Act of 1950 (50 U.S.C. 783(b)), an agreement, or take any other action re- section, shall be governed by the provisions (E) section 38 of the Arms Export Control ferred to in subsection (a) shall report that of chapter 46 of title 18, United States Code Act (22 U.S.C. 2778), request to the Secretary, together with any (relating to criminal forfeiture), to the same (F) section 16 of the Trading with the other information concerning the request extent as property subject to forfeiture Enemy Act (50 U.S.C. App. 16), that the Secretary determines appropriate. under that chapter. (G) any regulation, license, or order issued The person shall also submit to the Sec- (c) CIVIL PENALTIES; ADMINISTRATIVE SANC- under any provision of law listed in subpara- retary a statement regarding whether the TIONS.— graph (A), (B), (C), (D), (E), or (F), person intends to comply, and whether the (1) CIVIL PENALTIES.—The Secretary may (H) section 371 or 1001 of title 18, United person has complied, with the request. Any impose a civil penalty of up to $500,000 for States Code, if in connection with the export report filed pursuant to this paragraph shall each violation of a provision of this Act or of controlled items under this Act or any be made available promptly for public in- any regulation, license, or order issued under regulation, license, or order issued under the spection and copying, except that informa- this Act. A civil penalty under this para- International Emergency Economic Powers tion regarding the quantity, description, and graph may be in addition to, or in lieu of, Act, or the export of items controlled under value of any item to which such report re- any other liability or penalty which may be the Arms Export Control Act, lates may be treated as confidential if the imposed for such a violation. (I) section 175 of title 18, United States Secretary determines that disclosure of that (2) DENIAL OF EXPORT PRIVILEGES.—The Code, information would place the United States Secretary may deny the export privileges of (J) a provision of the Atomic Energy Act person involved at a competitive disadvan- any person, including the suspension or rev- (42 U.S.C. 201 et seq.), tage. The Secretary shall periodically trans- ocation of the authority of such person to (K) section 831 of title 18, United States mit summaries of the information contained export or receive United States-origin items Code, or in the reports to the Secretary of State for subject to this Act, for a violation of a provi- (L) section 2332a of title 18, United States such action as the Secretary of State, in con- sion of this Act or any regulation, license, or Code, sultation with the Secretary, considers ap- order issued under this Act. may, at the discretion of the Secretary, be propriate to carry out the purposes set forth (3) EXCLUSION FROM PRACTICE.—The Sec- denied export privileges under this Act for a in subsection (a). retary may exclude any person acting as an period not to exceed 10 years from the date (d) PREEMPTION.—The provisions of this attorney, accountant, consultant, freight of the conviction. The Secretary may also section and the regulations issued under this forwarder, or in any other representative ca- revoke any export license under this Act in section shall preempt any law, rule, or regu- pacity from participating before the Depart- which such person had an interest at the lation that— ment with respect to a license application or time of the conviction. (1) is a law, rule, or regulation of any of any other matter under this Act. (2) RELATED PERSONS.—The Secretary may the several States or the District of Colum- (d) PAYMENT OF CIVIL PENALTIES.— exercise the authority under paragraph (1) bia, or any of the territories or possessions (1) PAYMENT AS CONDITION OF FURTHER EX- with respect to any person related through of the United States, or of any governmental PORT PRIVILEGES.—The payment of a civil affiliation, ownership, control, or position of subdivision thereof; and penalty imposed under subsection (c) may be responsibility to a person convicted of any (2) pertains to participation in, compliance made a condition for the granting, restora- violation of a law set forth in paragraph (1) with, implementation of, or the furnishing of tion, or continuing validity of any export li- upon a showing of such relationship with the information regarding restrictive trade prac- cense, permission, or privilege granted or to convicted person. The Secretary shall make tices or boycotts fostered or imposed by for- be granted to the person upon whom such such showing only after providing notice and eign countries against other countries. penalty is imposed. The period for which the opportunity for a hearing. SEC. 503. PENALTIES. payment of a penalty may be made such a (g) STATUTE OF LIMITATIONS.— (a) CRIMINAL PENALTIES.— condition may not exceed 1 year after the (1) IN GENERAL.—Except as provided in (1) VIOLATIONS BY AN INDIVIDUAL.—Any in- date on which the payment is due. paragraph (2), a proceeding in which a civil dividual who willfully violates, conspires to (2) DEFERRAL OR SUSPENSION.— penalty or other administrative sanction violate, or attempts to violate any provision (A) IN GENERAL.—The payment of a civil (other than a temporary denial order) is of this Act or any regulation, license, or penalty imposed under subsection (c) may be sought under subsection (c) may not be insti- order issued under this Act shall be fined up deferred or suspended in whole or in part for tuted more than 5 years after the later of the to 10 times the value of the exports involved a period no longer than any probation period date of the alleged violation or the date of or $1,000,000, whichever is greater, impris- (which may exceed 1 year) that may be im- discovery of the alleged violation. oned for not more than 10 years, or both, for posed upon the person on whom the penalty (2) EXCEPTION.— each violation. is imposed. (A) TOLLING.—In any case in which a crimi- (2) VIOLATIONS BY A PERSON OTHER THAN AN (B) NO BAR TO COLLECTION OF PENALTY.—A nal indictment alleging a violation under INDIVIDUAL.—Any person other than an indi- deferral or suspension under subparagraph subsection (a) is returned within the time vidual who willfully violates, conspires to (A) shall not operate as a bar to the collec- limits prescribed by law for the institution violate, or attempts to violate any provision tion of the penalty concerned in the event of such action, the limitation under para- of this Act or any regulation, license, or that the conditions of the suspension, defer- graph (1) for bringing a proceeding to impose order issued under this Act shall be fined up ral, or probation are not fulfilled. a civil penalty or other administrative sanc- to 10 times the value of the exports involved (3) TREATMENT OF PAYMENTS.—Any amount tion under this section shall, upon the return or $5,000,000, whichever is greater, for each paid in satisfaction of a civil penalty im- of the criminal indictment, be tolled against violation. posed under subsection (c) shall be covered all persons named as a defendant. (b) FORFEITURE OF PROPERTY INTEREST AND into the Treasury as miscellaneous receipts. (B) DURATION.—The tolling of the limita- PROCEEDS.— (e) REFUNDS.— tion with respect to a defendant under sub- (1) FORFEITURE.—Any person who is con- (1) AUTHORITY.— paragraph (A) as a result of a criminal in- victed under paragraph (1) or (2) of sub- (A) IN GENERAL.—The Secretary may, in dictment shall continue for a period of 6 section (a) shall, in addition to any other the Secretary’s discretion, refund any civil months from the date on which the convic- penalty, forfeit to the United States— penalty imposed under subsection (c) on the tion of the defendant becomes final, the in- (A) any of that person’s security or other ground of a material error of fact or law in dictment against the defendant is dismissed, interest in, claim against, or property or imposition of the penalty. or the criminal action has concluded.

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(h) VIOLATIONS DEFINED BY REGULATION.— or technology, subject to the jurisdiction of er described in subparagraph (A), the Presi- Nothing in this section shall limit the au- the United States under this Act, dent shall so notify Congress not less than 20 thority of the Secretary to define by regula- (ii) conspires to or attempts to engage in working days before issuing the waiver. Such tion violations under this Act. such export, transfer, or trade, or notification shall include a report fully ar- (i) CONSTRUCTION.—Nothing in subsection (iii) facilitates such export, transfer, or ticulating the rationale and circumstances (c), (d), (e), (f), or (g) limits— trade by any other person, which led the President to apply the waiver. (1) the availability of other administrative or if the President has made a determination (6) ADDITIONAL WAIVER.—The President or judicial remedies with respect to a viola- with respect to a foreign person under sec- may waive the imposition of sanctions under tion of a provision of this Act, or any regula- tion 73(a) of the Arms Export Control Act, paragraph (1) on a person with respect to a tion, order, or license issued under this Act; then the President shall impose on that for- product or service if the President certifies (2) the authority to compromise and settle eign person the applicable sanctions under to the Congress that— administrative proceedings brought with re- subparagraph (B). (A) the product or service is essential to spect to any such violation; or (B) SANCTIONS DESCRIBED.—The sanctions the national security of the United States; (3) the authority to compromise, remit, or which apply to a foreign person under sub- and mitigate seizures and forfeitures pursuant to paragraph (A) are the following: (B) such person is a sole source supplier of section 1(b) of title VI of the Act of June 15, (i) If the item involved in the export, the product or service, the product or service 1917 (22 U.S.C. 401(b)). transfer, or trade is within category II of the is not available from any alternative reliable MTCR Annex, then the President shall deny, SEC. 504. MISSILE PROLIFERATION CONTROL supplier, and the need for the product or VIOLATIONS. for a period of 2 years, licenses for the trans- service cannot be met in a timely manner by fer to such foreign person of missile equip- (a) VIOLATIONS BY UNITED STATES PER- improved manufacturing processes or tech- ment or technology the export of which is SONS.— nological developments. controlled under this Act. (1) SANCTIONS.— (7) EXCEPTIONS.—The President shall not (ii) If the item involved in the export, (A) IN GENERAL.—If the President deter- apply the sanction under this subsection pro- transfer, or trade is within category I of the mines that a United States person know- hibiting the importation of the products of a MTCR Annex, then the President shall deny, ingly— foreign person— for a period of not less than 2 years, licenses (i) exports, transfers, or otherwise engages (A) in the case of procurement of defense for the transfer to such foreign person of in the trade of any item on the MTCR articles or defense services— items the export of which is controlled under (i) under existing contracts or sub- Annex, in violation of the provisions of sec- this Act. tion 38 (22 U.S.C. 2778) or chapter 7 of the contracts, including the exercise of options (iii) If, in addition to actions taken under for production quantities to satisfy require- Arms Export Control Act, title II or III of clauses (i) and (ii), the President determines this Act, or any regulations or orders issued ments essential to the national security of that the export, transfer, or trade has sub- the United States; under any such provisions, stantially contributed to the design, devel- (ii) conspires to or attempts to engage in (ii) if the President determines that the opment, or production of missiles in a coun- person to which the sanctions would be ap- such export, transfer, or trade, or try that is not an MTCR adherent, then the (iii) facilitates such export, transfer, or plied is a sole source supplier of the defense President shall prohibit, for a period of not articles and services, that the defense arti- trade by any other person, less than 2 years, the importation into the cles or services are essential to the national then the President shall impose the applica- United States of products produced by that security of the United States, and that alter- ble sanctions described in subparagraph (B). foreign person. native sources are not readily or reasonably (B) SANCTIONS DESCRIBED.—The sanctions (2) INAPPLICABILITY WITH RESPECT TO MTCR available; or which apply to a United States person under ADHERENTS.—Paragraph (1) does not apply (iii) if the President determines that such subparagraph (A) are the following: with respect to— articles or services are essential to the na- (i) If the item on the MTCR Annex in- (A) any export, transfer, or trading activ- tional security of the United States under volved in the export, transfer, or trade is ity that is authorized by the laws of an defense coproduction agreements or NATO missile equipment or technology within cat- MTCR adherent, if such authorization is not egory II of the MTCR Annex, then the Presi- obtained by misrepresentation or fraud; or Programs of Cooperation; dent shall deny to such United States per- (B) any export, transfer, or trade of an (B) to products or services provided under son, for a period of 2 years, licenses for the item to an end user in a country that is an contracts entered into before the date on transfer of missile equipment or technology MTCR adherent. which the President publishes his intention to impose the sanctions; or controlled under this Act. (3) EFFECT OF ENFORCEMENT ACTIONS BY (C) to— (ii) If the item on the MTCR Annex in- MTCR ADHERENTS.—Sanctions set forth in volved in the export, transfer, or trade is paragraph (1) may not be imposed under this (i) spare parts, missile equipment or technology within cat- subsection on a person with respect to acts (ii) component parts, but not finished prod- egory I of the MTCR Annex, then the Presi- described in such paragraph or, if such sanc- ucts, essential to United States products or dent shall deny to such United States per- tions are in effect against a person on ac- production, son, for a period of not less than 2 years, all count of such acts, such sanctions shall be (iii) routine services and maintenance of licenses for items the export of which is con- terminated, if an MTCR adherent is taking products, to the extent that alternative trolled under this Act. judicial or other enforcement action against sources are not readily or reasonably avail- (2) DISCRETIONARY SANCTIONS.—In the case that person with respect to such acts, or that able, or of any determination referred to in para- person has been found by the government of (iv) information and technology essential graph (1), the Secretary may pursue any an MTCR adherent to be innocent of wrong- to United States products or production. other appropriate penalties under section doing with respect to such acts. (c) DEFINITIONS.—In this section: 503. (4) ADVISORY OPINIONS.—The Secretary, in (1) MISSILE.—The term ‘‘missile’’ means a (3) WAIVER.—The President may waive the consultation with the Secretary of State and category I system as defined in the MTCR imposition of sanctions under paragraph (1) the Secretary of Defense, may, upon the re- Annex, and any other unmanned delivery on a person with respect to an item if the quest of any person, issue an advisory opin- system of similar capability, as well as the President certifies to Congress that— ion to that person as to whether a proposed specially designed production facilities for (A) the item is essential to the national se- activity by that person would subject that these systems. curity of the United States; and person to sanctions under this subsection. (2) MISSILE TECHNOLOGY CONTROL REGIME; (B) such person is a sole source supplier of Any person who relies in good faith on such MTCR.—The term ‘‘Missile Technology Con- the item, the item is not available from any an advisory opinion which states that the trol Regime’’ or ‘‘MTCR’’ means the policy alternative reliable supplier, and the need proposed activity would not subject a person statement, between the United States, the for the item cannot be met in a timely man- to such sanctions, and any person who there- United Kingdom, the Federal Republic of ner by improved manufacturing processes or after engages in such activity, may not be Germany, France, Italy, Canada, and Japan, technological developments. made subject to such sanctions on account of announced on April 16, 1987, to restrict sen- (b) TRANSFERS OF MISSILE EQUIPMENT OR such activity. sitive missile-relevant transfers based on the TECHNOLOGY BY FOREIGN PERSONS.— (5) WAIVER AND REPORT TO CONGRESS.— MTCR Annex, and any amendments thereto. (1) SANCTIONS.— (A) WAIVER.—In any case other than one in (3) MTCR ADHERENT.—The term ‘‘MTCR (A) IN GENERAL.—Subject to paragraphs (3) which an advisory opinion has been issued adherent’’ means a country that participates through (7), if the President determines that under paragraph (4) stating that a proposed in the MTCR or that, pursuant to an inter- a foreign person, after the date of enactment activity would not subject a person to sanc- national understanding to which the United of this section, knowingly— tions under this subsection, the President States is a party, controls MTCR equipment (i) exports, transfers, or otherwise engages may waive the application of paragraph (1) or technology in accordance with the cri- in the trade of any MTCR equipment or tech- to a foreign person if the President deter- teria and standards set forth in the MTCR. nology that contributes to the design, devel- mines that such waiver is essential to the (4) MTCR ANNEX.—The term ‘‘MTCR opment, or production of missiles in a coun- national security of the United States. Annex’’ means the Guidelines and Equip- try that is not an MTCR adherent and would (B) REPORT TO CONGRESS.—In the event ment and Technology Annex of the MTCR, be, if it were United States-origin equipment that the President decides to apply the waiv- and any amendments thereto.

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(5) MISSILE EQUIPMENT OR TECHNOLOGY; (C) any foreign person that is a parent or (ii) component parts, but not finished prod- MTCR EQUIPMENT OR TECHNOLOGY.—The terms subsidiary of that foreign person if that par- ucts, essential to United States products or ‘‘missile equipment or technology’’ and ent or subsidiary knowingly assisted in the production, or ‘‘MTCR equipment or technology’’ mean activities which were the basis of that deter- (iii) routine servicing and maintenance of those items listed in category I or category mination; and products, to the extent that alternative II of the MTCR Annex. (D) any foreign person that is an affiliate sources are not readily or reasonably avail- (6) FOREIGN PERSON.—The term ‘‘foreign of that foreign person if that affiliate know- able; person’’ means any person other than a ingly assisted in the activities which were (D) to information and technology essen- United States person. the basis of that determination and if that tial to United States products or production; (7) PERSON.— affiliate is controlled in fact by that foreign or (A) IN GENERAL.—The term ‘‘person’’ means person. (E) to medical or other humanitarian a natural person as well as a corporation, (b) CONSULTATIONS WITH AND ACTIONS BY items. FOREIGN GOVERNMENT OF JURISDICTION.— business association, partnership, society, (d) TERMINATION OF SANCTIONS.—The sanc- (1) CONSULTATIONS.—If the President trust, any other nongovernmental entity, or- tions imposed pursuant to this section shall makes the determinations described in sub- ganization, or group, and any governmental apply for a period of at least 12 months fol- section (a)(1) with respect to a foreign per- entity operating as a business enterprise, lowing the imposition of sanctions and shall son, Congress urges the President to initiate and any successor of any such entity. cease to apply thereafter only if the Presi- consultations immediately with the govern- (B) IDENTIFICATION IN CERTAIN CASES.—In dent determines and certifies to the Congress ment with primary jurisdiction over that the case of countries where it may be impos- that reliable information indicates that the foreign person with respect to the imposition sible to identify a specific governmental en- foreign person with respect to which the de- of sanctions pursuant to this section. tity referred to in subparagraph (A), the termination was made under subsection (2) ACTIONS BY GOVERNMENT OF JURISDIC- term ‘‘person’’ means— (a)(1) has ceased to aid or abet any foreign TION.—In order to pursue such consultations (i) all activities of that government relat- government, project, or entity in its efforts ing to the development or production of any with that government, the President may delay imposition of sanctions pursuant to to acquire chemical or biological weapons missile equipment or technology; and capability as described in that subsection. (ii) all activities of that government af- this section for a period of up to 90 days. Fol- (e) WAIVER.— fecting the development or production of air- lowing the consultations, the President shall impose sanctions unless the President deter- (1) CRITERION FOR WAIVER.—The President craft, electronics, and space systems or mines and certifies to Congress that govern- may waive the application of any sanction equipment. ment has taken specific and effective ac- imposed on any person pursuant to this sec- (8) OTHERWISE ENGAGED IN THE TRADE OF.— tions, including appropriate penalties, to ter- tion, after the end of the 12-month period be- The term ‘‘otherwise engaged in the trade minate the involvement of the foreign per- ginning on the date on which that sanction of’’ means, with respect to a particular ex- son in the activities described in subsection was imposed on that person, if the President port or transfer, to be a freight forwarder or (a)(1). The President may delay imposition of determines and certifies to Congress that designated exporting agent, or a consignee or sanctions for an additional period of up to 90 such waiver is important to the national se- end user of the item to be exported or trans- days if the President determines and cer- curity interests of the United States. ferred. tifies to Congress that government is in the (2) NOTIFICATION OF AND REPORT TO CON- SEC. 505. CHEMICAL AND BIOLOGICAL WEAPONS process of taking the actions described in the GRESS.—If the President decides to exercise PROLIFERATION SANCTIONS. preceding sentence. the waiver authority provided in paragraph (a) IMPOSITION OF SANCTIONS.— (3) REPORT TO CONGRESS.—The President (1), the President shall so notify the Con- (1) DETERMINATION BY THE PRESIDENT.—Ex- shall report to Congress, not later than 90 gress not less than 20 days before the waiver cept as provided in subsection (b)(2), the days after making a determination under takes effect. Such notification shall include President shall impose both of the sanctions subsection (a)(1), on the status of consulta- a report fully articulating the rationale and described in subsection (c) if the President tions with the appropriate government under circumstances which led the President to ex- determines that a foreign person, on or after this subsection, and the basis for any deter- ercise the waiver authority. the date of enactment of this section, has mination under paragraph (2) of this sub- (f) DEFINITION OF FOREIGN PERSON.—For knowingly and materially contributed— section that such government has taken spe- the purposes of this section, the term ‘‘for- (A) through the export from the United cific corrective actions. eign person’’ means— States of any item that is subject to the ju- (c) SANCTIONS.— (1) an individual who is not a citizen of the risdiction of the United States under this (1) DESCRIPTION OF SANCTIONS.—The sanc- United States or an alien admitted for per- Act, or tions to be imposed pursuant to subsection manent residence to the United States; or (B) through the export from any other (a)(1) are, except as provided in paragraph (2) (2) a corporation, partnership, or other en- country of any item that would be, if it were of this subsection, the following: tity which is created or organized under the a United States item, subject to the jurisdic- (A) PROCUREMENT SANCTION.—The United laws of a foreign country or which has its tion of the United States under this Act, States Government shall not procure, or principal place of business outside the to the efforts by any foreign country, enter into any contract for the procurement United States. project, or entity described in paragraph (2) of, any goods or services from any person de- to use, develop, produce, stockpile, or other- scribed in subsection (a)(3). SEC. 506. ENFORCEMENT. wise acquire chemical or biological weapons. (B) IMPORT SANCTIONS.—The importation (a) GENERAL AUTHORITY AND DESIGNA- (2) COUNTRIES, PROJECTS, OR ENTITIES RE- into the United States of products produced TION.— CEIVING ASSISTANCE.—Paragraph (1) applies by any person described in subsection (a)(3) (1) POLICY GUIDANCE ON ENFORCEMENT.—The in the case of— shall be prohibited. Secretary, in consultation with the Sec- (A) any foreign country that the President (2) EXCEPTIONS.—The President shall not retary of the Treasury and the heads of other determines has, at any time after the date of be required to apply or maintain sanctions departments and agencies that the Secretary enactment of this Act— under this section— considers appropriate, shall be responsible (i) used chemical or biological weapons in (A) in the case of procurement of defense for providing policy guidance on the enforce- violation of international law; articles or defense services— ment of this Act. (ii) used lethal chemical or biological (i) under existing contracts or sub- (2) GENERAL AUTHORITIES.— weapons against its own nationals; or contracts, including the exercise of options (A) EXERCISE OF AUTHORITY.—To the extent (iii) made substantial preparations to en- for production quantities to satisfy United necessary or appropriate to the enforcement gage in the activities described in clause (i) States operational military requirements; of this Act, officers and employees of the De- or (ii); (ii) if the President determines that the partment designated by the Secretary, offi- (B) any foreign country whose government person or other entity to which the sanctions cers and employees of the United States Cus- is determined for purposes of section 310 to would otherwise be applied is a sole source toms Service designated by the Commis- be a government that has repeatedly pro- supplier of the defense articles or services, sioner of Customs, and officers and employ- vided support for acts of international ter- that the defense articles or services are es- ees of any other department or agency des- rorism; or sential, and that alternative sources are not ignated by the head of a department or agen- (C) any other foreign country, project, or readily or reasonably available; or cy exercising functions under this Act, may entity designated by the President for pur- (iii) if the President determines that such exercise the enforcement authority under poses of this section. articles or services are essential to the na- paragraph (3). (3) PERSONS AGAINST WHICH SANCTIONS ARE tional security under defense coproduction (B) CUSTOMS SERVICE.—In carrying out en- TO BE IMPOSED.—Sanctions shall be imposed agreements; forcement authority under paragraph (3), the pursuant to paragraph (1) on— (B) to products or services provided under Commissioner of Customs and employees of (A) the foreign person with respect to contracts entered into before the date on the United States Customs Service des- which the President makes the determina- which the President publishes his intention ignated by the Commissioner may make in- tion described in that paragraph; to impose sanctions; vestigations within or outside the United (B) any successor entity to that foreign (C) to— States and at ports of entry into or exit from person; (i) spare parts, the United States where officers of the

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.021 pfrm01 PsN: S06PT1 S9176 CONGRESSIONAL RECORD — SENATE September 6, 2001 United States Customs Service are author- the Commissioner of Customs under para- the Secretary, by any other agency that has ized by law to carry out law enforcement re- graph (2), may do the following in carrying authority to manage and dispose of seized sponsibilities. Subject to paragraph (3), the out the enforcement authority under this property. United States Customs Service is authorized, Act: (c) REFERRAL OF CASES.—All cases involv- in the enforcement of this Act, to search, de- (I) Execute any warrant or other process ing violations of this Act shall be referred to tain (after search), and seize items at the issued by a court or officer of competent ju- the Secretary for purposes of determining ports of entry into or exit from the United risdiction with respect to the enforcement of civil penalties and administrative sanctions States where officers of the United States this Act. under section 503 or to the Attorney General Customs Service are authorized by law to (II) Make arrests without warrant for any for criminal action in accordance with this conduct searches, detentions, and seizures, violation of this Act committed in his or her Act or to both the Secretary and the Attor- and at the places outside the United States presence or view, or if the officer or em- ney General. where the United States Customs Service, ployee has probable cause to believe that the (d) UNDERCOVER INVESTIGATION OPER- pursuant to agreement or other arrangement person to be arrested has committed, is com- ATIONS.— with other countries, is authorized to per- mitting, or is about to commit such a viola- (1) USE OF FUNDS.—With respect to any un- form enforcement activities. tion. dercover investigative operation conducted THER EMPLOYEES.—In carrying out en- (C) O (III) Carry firearms. by the OEE that is necessary for the detec- forcement authority under paragraph (3), the (ii) OEE PERSONNEL.—Any officer or em- tion and prosecution of violations of this Secretary and officers and employees of the ployee of the OEE designated by the Sec- Act— Department designated by the Secretary retary under paragraph (2) shall exercise the (A) funds made available for export en- may make investigations within the United authority set forth in clause (i) pursuant to forcement under this Act may be used to States, and may conduct, outside the United guidelines approved by the Attorney Gen- purchase property, buildings, and other fa- States, pre-license and post-shipment eral. cilities, and to lease equipment, convey- verifications of controlled items and inves- (C) OTHER ACTIONS BY CUSTOMS SERVICE ances, and space within the United States, tigations in the enforcement of section 502. PERSONNEL.—Any officer or employee of the without regard to sections 1341 and 3324 of The Secretary and officers and employees of United States Customs Service designated by the Department designated by the Secretary the Commissioner of Customs under para- title 31, United States Code, the third undes- are authorized to search, detain (after graph (2) may do the following in carrying ignated paragraph under the heading of search), and seize items at places within the out the enforcement authority under this ‘‘miscellaneous’’ of the Act of March 3, 1877, United States other than ports referred to in Act: (40 U.S.C. 34), sections 3732(a) and 3741 of the subparagraph (B). The search, detention (i) Stop, search, and examine a vehicle, Revised Statutes of the United States (41 (after search), or seizure of items at the vessel, aircraft, or person on which or whom U.S.C. 11(a) and 22), subsections (a) and (c) of ports and places referred to in subparagraph the officer or employee has reasonable cause section 304 of the Federal Property and Ad- (B) may be conducted by officers and em- to suspect there is any item that has been, is ministrative Services Act of 1949 (41 U.S.C. ployees of the Department only with the being, or is about to be exported from or 254 (a) and (c)), and section 305 of the Federal concurrence of the Commissioner of Customs transited through the United States in viola- Property and Administrative Services Act of or a person designated by the Commissioner. tion of this Act. 1949 (41 U.S.C. 255); (D) AGREEMENTS AND ARRANGEMENTS.—The (ii) Detain and search any package or con- (B) funds made available for export en- Secretary and the Commissioner of Customs tainer in which the officer or employee has forcement under this Act may be used to es- may enter into agreements and arrange- reasonable cause to suspect there is any item tablish or to acquire proprietary corpora- ments for the enforcement of this Act, in- that has been, is being, or is about to be ex- tions or business entities as part of an under- cluding foreign investigations and informa- ported from or transited through the United cover operation, and to operate such cor- tion exchange. States in violation of this Act. porations or business entities on a commer- (3) SPECIFIC AUTHORITIES.— (iii) Detain (after search) or seize any cial basis, without regard to sections 1341, (A) ACTIONS BY ANY DESIGNATED PER- item, for purposes of securing for trial or for- 3324, and 9102 of title 31, United States Code; SONNEL.—Any officer or employee designated feiture to the United States, on or about (C) funds made available for export en- under paragraph (2), in carrying out the en- such vehicle, vessel, aircraft, or person or in forcement under this Act and the proceeds forcement authority under this Act, may do such package or container, if the officer or from undercover operations may be depos- the following: employee has probable cause to believe the ited in banks or other financial institutions (i) Make investigations of, obtain informa- item has been, is being, or is about to be ex- without regard to the provisions of section tion from, make inspection of any books, ported from or transited through the United 648 of title 18, United States Code, and sec- records, or reports (including any writings States in violation of this Act. tion 3302 of title 31, United States Code; and required to be kept by the Secretary), prem- (4) OTHER AUTHORITIES NOT AFFECTED.—The (D) the proceeds from undercover oper- ises, or property of, and take the sworn testi- authorities conferred by this section are in ations may be used to offset necessary and mony of, any person. addition to any authorities conferred under reasonable expenses incurred in such oper- (ii) Administer oaths or affirmations, and other laws. ations without regard to the provisions of by subpoena require any person to appear (b) FORFEITURE.— section 3302 of title 31, United States Code, and testify or to appear and produce books, (1) IN GENERAL.—Any tangible items law- if the Director of OEE (or an officer or em- records, and other writings, or both. In the fully seized under subsection (a) by des- ployee designated by the Director) certifies, case of contumacy by, or refusal to obey a ignated officers or employees shall be sub- in writing, that the action authorized by subpoena issued to, any such person, a dis- ject to forfeiture to the United States. subparagraph (A), (B), (C), or (D) for which trict court of the United States, on request (2) APPLICABLE LAWS.—Those provisions of the funds would be used is necessary for the of the Attorney General and after notice to law relating to— conduct of the undercover operation. any such person and a hearing, shall have ju- (A) the seizure, summary and judicial for- (2) DISPOSITION OF BUSINESS ENTITIES.—If a risdiction to issue an order requiring such feiture, and condemnation of property for corporation or business entity established or person to appear and give testimony or to violations of the customs laws; acquired as part of an undercover operation appear and produce books, records, and other (B) the disposition of such property or the has a net value of more than $250,000 and is writings, or both. Any failure to obey such proceeds from the sale thereof; to be liquidated, sold, or otherwise disposed order of the court may be punished by such (C) the remission or mitigation of such for- of, the Director of OEE shall report the cir- court as a contempt thereof. The attendance feitures; and cumstances to the Secretary and the Comp- of witnesses and the production of docu- (D) the compromise of claims, troller General of the United States as much ments provided for in this clause may be re- shall apply to seizures and forfeitures in- in advance of such disposition as the Direc- quired from any State, the District of Co- curred, or alleged to have been incurred, tor of the OEE (or the Director’s designee) lumbia, or in any territory of the United under the provisions of this subsection, inso- determines is practicable. The proceeds of States at any designated place. Witnesses far as applicable and not inconsistent with the liquidation, sale, or other disposition, subpoenaed under this subsection shall be this Act. after obligations incurred by the corporation paid the same fees and mileage allowance as (3) FORFEITURES UNDER CUSTOMS LAWS.— or business enterprise are met, shall be de- paid witnesses in the district courts of the Duties that are imposed upon a customs offi- posited in the Treasury of the United States United States. cer or any other person with respect to the as miscellaneous receipts. Any property or (B) ACTIONS BY OFFICE OF EXPORT ENFORCE- seizure and forfeiture of property under the equipment purchased pursuant to paragraph MENT AND CUSTOMS SERVICE PERSONNEL.— customs laws may be performed with respect (1) may be retained for subsequent use in un- (i) OFFICE OF EXPORT ENFORCEMENT AND to seizures and forfeitures of property under dercover operations under this section. When CUSTOMS SERVICE PERSONNEL.—Any officer or this subsection by the Secretary or any offi- such property or equipment is no longer employee of the Office of Export Enforce- cer or employee of the Department that may needed, it shall be considered surplus and ment of the Department of Commerce (in be authorized or designated for that purpose disposed of as surplus government property. this Act referred to as ‘‘OEE’’) who is des- by the Secretary (or by the Commissioner of (3) DEPOSIT OF PROCEEDS.—As soon as the ignated by the Secretary under paragraph Customs or any officer or employee of the proceeds from an OEE undercover investiga- (2), and any officer or employee of the United United States Customs Service designated by tive operation with respect to which an ac- States Customs Service who is designated by the Commissioner), or, upon the request of tion is authorized and carried out under this

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.022 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9177 subsection are no longer needed for the con- allow post-shipment verification of a con- ment in accordance with section 9703 of title duct of such operation, the proceeds or the trolled item, the Secretary may deny a li- 31, United States Code (as added by Public balance of the proceeds remaining at the cense for the export of that item, any sub- Law 102–393). The Secretary may also au- time shall be deposited into the Treasury of stantially identical or directly competitive thorize, without fiscal year limitation, the the United States as miscellaneous receipts. item or class of items, any item that the expenditure of funds transferred to, paid to, (4) AUDIT AND REPORT.— Secretary determines to be of equal or great- received by, or made available to the Bureau (A) AUDIT.—The Director of OEE shall con- er sensitivity than the controlled item, or of Export Administration as a reimburse- duct a detailed financial audit of each closed any controlled item for which a determina- ment from the Department of Justice Assets OEE undercover investigative operation and tion has not been made pursuant to section Forfeiture Fund in accordance with section shall submit the results of the audit in writ- 211 to all end-users in that country until 524 of title 28, United States Code. Such ing to the Secretary. Not later than 180 days such post-shipment verification is allowed. funds shall be deposited in an account and after an undercover operation is closed, the (h) FREIGHT FORWARDERS BEST PRACTICES shall remain available until expended. Secretary shall submit to Congress a report PROGRAM AUTHORIZATION.—There is author- (n) AMENDMENTS TO TITLE 31.— on the results of the audit. ized to be appropriated for the Department (1) Section 9703(a) of title 31, United States (B) REPORT.—The Secretary shall submit of Commerce $3,500,000 and such sums as may Code (as added by Public Law 102–393) is annually to Congress a report, which may be be necessary, to be available until expended, amended by striking ‘‘or the United States included in the annual report under section to hire 20 additional employees to assist Coast Guard’’ and inserting ‘‘, the United 701, specifying the following information: United States freight forwarders and other States Coast Guard, or the Bureau of Export (i) The number of undercover investigative interested persons in developing and imple- Administration of the Department of Com- operations pending as of the end of the pe- menting, on a voluntary basis, a ‘‘best prac- merce’’. riod for which such report is submitted. tices’’ program to ensure that exports of con- (2) Section 9703(a)(2)(B)(i) of title 31, (ii) The number of undercover investiga- trolled items are undertaken in compliance United States Code is amended (as added by tive operations commenced in the 1-year pe- with this Act. Public Law 102–393)— riod preceding the period for which such re- (i) END-USE VERIFICATION AUTHORIZATION.— (A) by striking ‘‘or’’ at the end of sub- port is submitted. (1) IN GENERAL.—There is authorized to be clause (I); (iii) The number of undercover investiga- appropriated for the Department of Com- (B) by inserting ‘‘or’’ at the end of sub- tive operations closed in the 1-year period merce $4,500,000 and such sums as may be clause (II); and preceding the period for which such report is necessary, to be available until expended, to (C) by inserting at the end, the following submitted and, with respect to each such hire 10 additional overseas investigators to new subclause: closed undercover operation, the results ob- be posted in the People’s Republic of China, ‘‘(III) a violation of the Export Administra- tained and any civil claims made with re- the Russian Federation, the Hong Kong Spe- tion Act of 1979, the Export Administration spect to the operation. cial Administrative Region, the Republic of Act of 2001, or any regulation, license, or (5) DEFINITIONS.—For purposes of para- India, Singapore, Egypt, and Taiwan, or any order issued under those Acts;’’. graph (4)— other place the Secretary deems appropriate, (3) Section 9703(p)(1) of title 31, United (A) the term ‘‘closed’’, with respect to an for the purpose of verifying the end use of States Code (as added by Public Law 102–393) undercover investigative operation, refers to high-risk, dual-use technology. is amended by adding at the end the fol- the earliest point in time at which all crimi- (2) REPORT.—Not later than 2 years after lowing: ‘‘In addition, for purposes of this sec- nal proceedings (other than appeals) pursu- the date of enactment of this Act and annu- tion, the Bureau of Export Administration of ant to the investigative operation are con- ally thereafter, the Department shall, in its the Department of Commerce shall be con- cluded, or covert activities pursuant to such annual report to Congress on export con- sidered to be a Department of the Treasury operation are concluded, whichever occurs trols, include a report on the effectiveness of law enforcement organization.’’. later; and the end-use verification activities authorized (o) AUTHORIZATION FOR LICENSE REVIEW OF- (B) the terms ‘‘undercover investigative under subsection (a). The report shall in- FICERS.— operation’’ and ‘‘undercover operation’’ clude the following information: (1) IN GENERAL.—There is authorized to be mean any undercover investigative oper- (A) The activities of the overseas inves- appropriated to the Department of Com- ation conducted by the OEE— tigators of the Department. merce $2,000,000, to be available until ex- (i) in which the gross receipts (excluding (B) The types of goods and technologies pended, to hire additional license review offi- interest earned) exceed $25,000, or expendi- that were subject to end-use verification. cers. tures (other than expenditures for salaries of (C) The ability of the Department’s inves- (2) TRAINING.—There is authorized to be ap- employees) exceed $75,000, and tigators to detect the illegal transfer of high propriated to the Department of Commerce (ii) which is exempt from section 3302 or risk, dual-use goods and technologies. $2,000,000, to be available until expended, to 9102 of title 31, United States Code, except (3) ENHANCEMENTS.—In addition to the au- conduct professional training of license re- that clauses (i) and (ii) shall not apply with thorization provided in paragraph (1), there view officers, auditors, and investigators respect to the report to Congress required by is authorized to be appropriated for the De- conducting post-shipment verification paragraph (4)(B). partment of Commerce $5,000,000, to be avail- checks. These funds shall be used to— (e) WIRETAPS.— able until expended, to enhance its program (A) train and certify, through a formal pro- (1) AUTHORITY.—Interceptions of commu- for verifying the end use of items subject to gram, new employees entering these posi- nications in accordance with section 2516 of controls under this Act. tions for the first time; and title 18, United States Code, are authorized (j) ENHANCED COOPERATION WITH UNITED (B) the ongoing professional training of ex- to further the enforcement of this Act. STATES CUSTOMS SERVICE.—Consistent with perienced employees on an as needed basis. (2) CONFORMING AMENDMENT.—Section the purposes of this Act, the Secretary is au- (p) AUTHORIZATION.— 2516(1) of title 18, United States Code, is thorized to undertake, in cooperation with (1) IN GENERAL.—There are authorized to be amended by adding at the end the following: the United States Customs Service, such appropriated to the Department of Com- ‘‘(q)(i) any violation of, or conspiracy to measures as may be necessary or required to merce to carry out the purposes of this Act— violate, the Export Administration Act of enhance the ability of the United States to (A) $72,000,000 for the fiscal year 2002, of 2001 or the Export Administration Act of detect unlawful exports and to enforce viola- which no less than $27,701,000 shall be used 1979.’’. tions of this Act. for compliance and enforcement activities; (f) POST-SHIPMENT VERIFICATION.—The Sec- (k) REFERENCE TO ENFORCEMENT.—For pur- (B) $73,000,000 for the fiscal year 2003, of retary shall target post-shipment poses of this section, a reference to the en- which no less than $28,312,000 shall be used verifications to exports involving the great- forcement of this Act or to a violation of for compliance and enforcement activities; est risk to national security. this Act includes a reference to the enforce- (C) $74,000,000 for the fiscal year 2004, of (g) REFUSAL TO ALLOW POST-SHIPMENT ment or a violation of any regulation, li- which no less than $28,939,000 shall be used VERIFICATION.— cense, or order issued under this Act. for compliance and enforcement activities; (1) IN GENERAL.—If an end-user refuses to (l) AUTHORIZATION FOR EXPORT LICENSING (D) $76,000,000 for the fiscal year 2005, of allow post-shipment verification of a con- AND ENFORCEMENT COMPUTER SYSTEM.— which no less than $29,582,000 shall be used trolled item, the Secretary shall deny a li- There is authorized to be appropriated for for compliance and enforcement activities; cense for the export of any controlled item the Department $5,000,000 and such other and to such end-user until such post-shipment sums as may be necessary, to be available (E) such additional amounts, for each such verification occurs. until expended, for planning, design, and pro- fiscal year, as may be necessary for increases (2) RELATED PERSONS.—The Secretary may curement of a computer system to replace in salary, pay, retirement, other employee exercise the authority under paragraph (1) the Department’s primary export licensing benefits authorized by law, and other nondis- with respect to any person related through and computer enforcement system. cretionary costs. affiliation, ownership, control, or position of (m) AUTHORIZATION FOR BUREAU OF EXPORT (2) LIMITATION.—The authority granted by responsibility, to any end-user refusing to ADMINISTRATION.—The Secretary may au- this Act shall terminate on September 30, allow post-shipment verification of a con- thorize, without fiscal year limitation, the 2004, unless the President carries out the fol- trolled item. expenditure of funds transferred to, paid to, lowing duties: (3) REFUSAL BY COUNTRY.—If the country in received by, or made available to the Bureau (A) Provides to Congress a detailed report which the end-user is located refuses to of Export Administration as a reimburse- on—

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.022 pfrm01 PsN: S06PT1 S9178 CONGRESSIONAL RECORD — SENATE September 6, 2001 (i) the implementation and operation of order. The temporary denial order shall be relating to national security, as the Sec- this Act; and affirmed if it is shown that— retary may delegate. (ii) the operation of United States export (A) there is reasonable cause to believe (2) ADDITIONAL ASSISTANT SECRETARIES.—In controls in general. that the person subject to the order is en- addition to the number of Assistant Secre- (B)(i) Provides to Congress legislative re- gaged in or is about to engage in any act or taries otherwise authorized for the Depart- form proposals in connection with the report practice that constitutes or would constitute ment of Commerce, there shall be within the described in subparagraph (A); or a violation of this Act, or any regulation, Department of Commerce the following As- (ii) certifies to Congress that no legislative order, or license issued under this Act; or sistant Secretaries of Commerce: reforms are necessary in connection with (B) a criminal indictment has been re- (A) An Assistant Secretary for Export Ad- such report. turned against the person subject to the ministration who shall be appointed by the SEC. 507. ADMINISTRATIVE PROCEDURE. order alleging a violation of this Act or any President, by and with the advice and con- (a) EXEMPTIONS FROM ADMINISTRATIVE PRO- of the statutes listed in section 503. sent of the Senate, and who shall assist the CEDURE.—Except as provided in this section, The decision of the administrative law judge Secretary and the Under Secretary in car- the functions exercised under this Act are shall be final unless, within 10 working days rying out functions relating to export listing excluded from the operation of sections 551, after the date of the administrative law and licensing. 553 through 559, and 701 through 706 of title 5, judge’s decision, an appeal is filed with the (B) An Assistant Secretary for Export En- United States Code. Secretary. On appeal, the Secretary shall ei- forcement who shall be appointed by the (b) PROCEDURES RELATING TO CIVIL PEN- ther affirm, modify, reverse, or vacate the President, by and with the advice and con- ALTIES AND SANCTIONS.— decision of the administrative law judge by sent of the Senate, and who shall assist the (1) ADMINISTRATIVE PROCEDURES.—Any ad- written order within 10 working days after Secretary and the Under Secretary in car- ministrative sanction imposed under section receiving the appeal. The written order of rying out functions relating to export en- 503 may be imposed only after notice and op- the Secretary shall be final and is not sub- forcement. portunity for an agency hearing on the ject to judicial review, except as provided in (c) ISSUANCE OF REGULATIONS.— record in accordance with sections 554 paragraph (3). The materials submitted to (1) IN GENERAL.—The President and the through 557 of title 5, United States Code. the administrative law judge and the Sec- Secretary may issue such regulations as are The imposition of any such administrative retary shall constitute the administrative necessary to carry out this Act. Any such sanction shall be subject to judicial review record for purposes of review by the court. regulations the purpose of which is to carry in accordance with sections 701 through 706 (3) COURT APPEALS.—An order of the Sec- out title II or title III may be issued only of title 5, United States Code, except that retary affirming, in whole or in part, the after the regulations are submitted for re- the review shall be initiated in the United issuance or renewal of a temporary denial view to such departments or agencies as the States Court of Appeals for the District of order may, within 15 days after the order is President considers appropriate. The Sec- Columbia Circuit, which shall have jurisdic- issued, be appealed by a person subject to the retary shall consult with the appropriate ex- tion of the review. order to the United States Court of Appeals port control advisory committee appointed (2) AVAILABILITY OF CHARGING LETTER.— for the District of Columbia Circuit, which under section 105(a) in formulating regula- Any charging letter or other document initi- shall have jurisdiction of the appeal. The tions under this title. The second sentence of ating administrative proceedings for the im- court may review only those issues nec- this subsection does not require the concur- position of sanctions for violations of the essary to determine whether the issuance of rence or approval of any official, depart- regulations issued under section 502 shall be the temporary denial order was based on rea- ment, or agency to which such regulations made available for public inspection and sonable cause to believe that the person sub- are submitted. copying. ject to the order was engaged in or was about (2) AMENDMENTS TO REGULATIONS.—If the (c) COLLECTION.—If any person fails to pay to engage in any act or practice that con- Secretary proposes to amend regulations a civil penalty imposed under section 503, the stitutes or would constitute a violation of issued under this Act, the Secretary shall re- Secretary may ask the Attorney General to this title, or any regulation, order, or license port to the Committee on Banking, Housing, commence a civil action in an appropriate issued under this Act, or whether a criminal and Urban Affairs of the Senate and the district court of the United States to recover indictment has been returned against the Committee on International Relations of the the amount imposed (plus interest at cur- person subject to the order alleging a viola- House of Representatives on the intent and rently prevailing rates from the date of the tion of this Act or of any of the statutes list- rationale of such amendments. Such report final order). No such action may be com- ed in section 503. The court shall vacate the shall evaluate the cost and burden to the menced more than 5 years after the order im- Secretary’s order if the court finds that the United States exporters of the proposed posing the civil penalty becomes final. In Secretary’s order is arbitrary, capricious, an amendments in relation to any enhancement such an action, the validity, amount, and ap- abuse of discretion, or otherwise not in ac- of licensing objectives. The Secretary shall propriateness of such penalty shall not be cordance with law. consult with the appropriate export control subject to review. (e) LIMITATIONS ON REVIEW OF CLASSIFIED advisory committees appointed under sec- (d) IMPOSITION OF TEMPORARY DENIAL OR- INFORMATION.—Any classified information tion 105(a) in amending regulations issued DERS.— that is included in the administrative record under this Act. (1) GROUNDS FOR IMPOSITION.—In any case that is subject to review pursuant to sub- SEC. 602. CONFIDENTIALITY OF INFORMATION. in which there is reasonable cause to believe section (b)(1) or (d)(3) may be reviewed by (a) EXEMPTIONS FROM DISCLOSURE.— that a person is engaged in or is about to en- the court only on an ex parte basis and in (1) INFORMATION OBTAINED ON OR BEFORE gage in any act or practice which constitutes camera. JUNE 30, 1980.—Except as otherwise provided or would constitute a violation of this Act, TITLE VI—EXPORT CONTROL AUTHORITY by the third sentence of section 502(c)(2) and or any regulation, order, or license issued AND REGULATIONS by section 507(b)(2), information obtained under this Act, including any diversion of SEC. 601. EXPORT CONTROL AUTHORITY AND under the Export Administration Act of 1979, goods or technology from an authorized end REGULATIONS. or any predecessor statute, on or before June use or end user, and in any case in which a (a) EXPORT CONTROL AUTHORITY.— 30, 1980, which is deemed confidential, includ- criminal indictment has been returned (1) IN GENERAL.—Unless otherwise reserved ing Shipper’s Export Declarations, or with against a person alleging a violation of this to the President or a department (other than respect to which a request for confidential Act or any of the statutes listed in section the Department) or agency of the United treatment is made by the person furnishing 503, the Secretary may, without a hearing, States, all power, authority, and discretion such information, shall not be subject to dis- issue an order temporarily denying that per- conferred by this Act shall be exercised by closure under section 552 of title 5, United son’s United States export privileges (here- the Secretary. States Code, and such information shall not after in this subsection referred to as a (2) DELEGATION OF FUNCTIONS OF THE SEC- be published or disclosed, unless the Sec- ‘‘temporary denial order’’). A temporary de- RETARY.—The Secretary may delegate any retary determines that the withholding nial order shall be effective for such period function under this Act, unless otherwise thereof is contrary to the national interest. (not in excess of 180 days) as the Secretary provided, to the Under Secretary of Com- (2) INFORMATION OBTAINED AFTER JUNE 30, specifies in the order, but may be renewed by merce for Export Administration or to any 1980.—Except as otherwise provided by the the Secretary, following notice and an oppor- other officer of the Department. third sentence of section 502(c)(2) and by sec- tunity for a hearing, for additional periods of (b) UNDER SECRETARY OF COMMERCE; AS- tion 507(b)(2), information obtained under not more than 180 days each. SISTANT SECRETARIES.— this Act, under the Export Administration (2) ADMINISTRATIVE APPEALS.—The person (1) UNDER SECRETARY OF COMMERCE.—There Act of 1979 after June 30, 1980, or under the or persons subject to the issuance or renewal shall be within the Department an Under Export Administration regulations as main- of a temporary denial order may appeal the Secretary of Commerce for Export Adminis- tained and amended under the authority of issuance or renewal of the temporary denial tration (in this section referred to as the the International Emergency Economic Pow- order, supported by briefs and other mate- ‘‘Under Secretary’’) who shall be appointed ers Act (50 U.S.C. 1706), may be withheld rial, to an administrative law judge who by the President, by and with the advice and from disclosure only to the extent permitted shall, within 15 working days after the ap- consent of the Senate. The Under Secretary by statute, except that information sub- peal is filed, issue a decision affirming, modi- shall carry out all functions of the Secretary mitted, obtained, or considered in connec- fying, or vacating the temporary denial under this Act and other provisions of law tion with an application for an export license

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.022 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9179 or other export authorization (or record- each other as necessary to facilitate enforce- (2) a description of the changes to and the keeping or reporting requirement), enforce- ment efforts and effective license decisions. year-end status of country tiering and the ment activity, or other operations under the (d) PENALTIES FOR DISCLOSURE OF CON- Control List; Export Administration Act of 1979, under FIDENTIAL INFORMATION.— (3) a description of the petitions filed and this Act, or under the Export Administration (1) DISCLOSURE PROHIBITED.—No officer or the determinations made with respect to for- regulations as maintained and amended employee of the United States, or any de- eign availability and mass-market status, under the authority of the International partment or agency thereof, may publish, di- the set-asides of foreign availability and Emergency Economic Powers Act (50 U.S.C. vulge, disclose, or make known in any man- mass-market status determinations, and ne- 1706), including— ner or to any extent not authorized by law gotiations to eliminate foreign availability; (A) the export license or other export au- any information that— (4) a description of any enhanced control thorization itself, (A) the officer or employee obtains in the imposed on an item pursuant to section (B) classification requests described in sec- course of his or her employment or official 201(d); tion 401(h), duties or by reason of any examination or in- (5) a description of the regulations issued (C) information or evidence obtained in the vestigation made by, or report or record under this Act; course of any investigation by an employee made to or filed with, such department or (6) a description of organizational and pro- or officer of the Department of Commerce, agency, or officer or employee thereof; and cedural changes undertaken in furtherance (D) information obtained or furnished (B) is exempt from disclosure under this of this Act; under title V in connection with any inter- section. (7) a description of the enforcement activi- national agreement, treaty, or other obliga- (2) CRIMINAL PENALTIES.—Any such officer ties, violations, and sanctions imposed under tion, and or employee who knowingly violates para- this Act; (E) information obtained in making the de- graph (1) shall be fined not more than $50,000, (8) a statistical summary of all applica- terminations set forth in section 211 of this imprisoned not more than 1 year, or both, for tions and notifications, including— Act, each violation of paragraph (1). Any such of- (A) the number of applications and notifi- and information obtained in any investiga- ficer or employee may also be removed from cations pending review at the beginning of tion of an alleged violation of section 502 of office or employment. the fiscal year; this Act except for information required to (3) CIVIL PENALTIES; ADMINISTRATIVE SANC- (B) the number of notifications returned be disclosed by section 502(c)(2) or 507(b)(2) of TIONS.—The Secretary may impose a civil and subject to full license procedure; this Act, shall be withheld from public dis- penalty of not more than $5,000 for each vio- (C) the number of notifications with no ac- closure and shall not be subject to disclosure lation of paragraph (1), except that no civil tion required; under section 552 of title 5, United States penalty may be imposed on an officer or em- (D) the number of applications that were Code, unless the release of such information ployee of the United States, or any depart- approved, denied, or withdrawn, and the is determined by the Secretary to be in the ment or agency thereof, without the concur- number of applications where final action national interest. rence of the department or agency employ- was taken; and (b) INFORMATION TO CONGRESS AND GAO.— ing such officer or employee. Sections 503 (e), (E) the number of applications and notifi- (1) IN GENERAL.—Nothing in this title shall (g), (h), and (i) and 507 (a), (b), and (c) shall cations pending review at the end of the fis- be construed as authorizing the withholding apply to actions to impose civil penalties cal year; of information from Congress or from the under this paragraph. At the request of the (9) summary of export license data by ex- General Accounting Office. Secretary, a department or agency employ- port identification code and dollar value by (2) AVAILABILITY TO THE CONGRESS— ing an officer or employee found to have vio- country; (A) IN GENERAL.—Any information ob- lated paragraph (1) shall deny that officer or (10) an identification of processing time tained at any time under this title or under employee access to information exempt from by— any predecessor Act regarding the control of disclosure under this section. Any officer or (A) overall average, and exports, including any report or license ap- employee who commits a violation of para- (B) top 25 export identification codes; plication required under this title, shall be graph (1) may also be removed from office or (11) an assessment of the effectiveness of made available to any committee or sub- employment by the employing agency. multilateral regimes, and a description of committee of Congress of appropriate juris- SEC. 603. AGRICULTURAL COMMODITIES, MEDI- negotiations regarding export controls; diction upon the request of the chairman or CINE, MEDICAL DEVICES. (12) a description of the significant dif- ranking minority member of such committee (a) APPLICABILITY OF TRADE SANCTIONS RE- ferences between the export control require- or subcommittee. FORM AND EXPORT ENHANCEMENT ACT OF ments of the United States and those of 2000.—Nothing in this Act authorizes the ex- (B) PROHIBITION ON FURTHER DISCLOSURE.— other multilateral control regime members, No committee, subcommittee, or Member of ercise of authority contrary to the provi- and the specific differences between United sions of the Trade Sanctions Reform and Ex- Congress shall disclose any information ob- States requirements and those of other sig- port Enhancement Act of 2000 (Public Law tained under this Act or any predecessor Act nificant supplier countries; 106–387; 114 Stat. 1549, 549A–45) applicable to regarding the control of exports which is (13) an assessment of the costs of export exports of agricultural commodities, medi- submitted on a confidential basis to the Con- controls; cine, or medical devices. (14) a description of the progress made to- gress under subparagraph (A) unless the full (b) TITLE II LIMITATION.—Title II does not ward achieving the goals established for the committee to which the information is made authorize export controls on food. available determines that the withholding of (c) TITLE III LIMITATION.—Except as set Department dealing with export controls the information is contrary to the national forth in section 906 of the Trade Sanctions under the Government Performance Results interest. Reform and Export Enhancement Act of 2000, Act; (3) AVAILABILITY TO THE GAO.— title III does not authorize export controls (15) a description of the assessment made (A) IN GENERAL.—Notwithstanding sub- on agricultural commodities, medicine, or pursuant to section 214, including any rec- section (a), information described in para- medical devices unless the procedures set ommendations to ensure that the defense in- graph (2) shall, consistent with the protec- forth in section 903 of such Act are complied dustrial base (including manufacturing) is tion of intelligence, counterintelligence, and with. sufficient to protect national security; and law enforcement sources, methods, and ac- (d) DEFINITION.—In this section, the term (16) any other reports required by this Act tivities, as determined by the agency that ‘‘food’’ has the same meaning as that term to be submitted to the Committee on Bank- originally obtained the information, and has under section 201(f) of the Federal Food, ing, Housing, and Urban Affairs of the Sen- consistent with the provisions of section 716 Drug, and Cosmetic Act (21 U.S.C. 321(f)). ate and the Committee on International Re- of title 31, United States Code, be made TITLE VII—MISCELLANEOUS PROVISIONS lations of the House of Representatives. available only by the agency, upon request, SEC. 701. ANNUAL REPORT. (c) FEDERAL REGISTER PUBLICATION RE- to the Comptroller General of the United (a) ANNUAL REPORT.—Not later than Feb- QUIREMENTS.—Whenever information under States or to any officer or employee of the ruary 1 of each year, the Secretary shall sub- this Act is required to be published in the General Accounting Office authorized by the mit to Congress a report on the administra- Federal Register, such information shall, in Comptroller General to have access to such tion of this Act during the fiscal year ending addition, be posted on the Department of information. September 30 of the preceding calendar year. Commerce or other appropriate government (B) PROHIBITION ON FURTHER DISCLOSURES.— All Federal agencies shall cooperate fully website. No officer or employee of the General Ac- with the Secretary in providing information counting Office shall disclose, except to Con- SEC. 702. TECHNICAL AND CONFORMING AMEND- for each such report. MENTS. gress in accordance with this paragraph, any (b) REPORT ELEMENTS.—Each such report such information which is submitted on a shall include in detail— (a) REPEAL.—The Export Administration confidential basis and from which any indi- (1) a description of the implementation of Act of 1979 (50 U.S.C. App. 2401 et seq.) is re- vidual can be identified. the export control policies established by pealed. (c) INFORMATION EXCHANGE.—Notwith- this Act, including any delegations of au- (b) ENERGY POLICY AND CONSERVATION standing subsection (a), the Secretary and thority by the President and any other ACT.— the Commissioner of Customs shall exchange changes in the exercise of delegated author- (1) Section 103 of the Energy Policy and licensing and enforcement information with ity; Conservation Act (42 U.S.C. 6212) is repealed.

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.022 pfrm01 PsN: S06PT1 S9180 CONGRESSIONAL RECORD — SENATE September 6, 2001 (2) Section 251(d) of the Energy Policy and 6(j)(1) of the Export Administration Act of Federal Aviation Administration (FAA) or Conservation Act (42 U.S.C. 6271(d)) is re- 1979’’ and inserting ‘‘section 310 of the Export equipment manufacturers’ maintenance in- pealed. Administration Act of 2001’’. structions or bulletins approved or accepted (c) ALASKA NATURAL GAS TRANSPORTATION (5) Section 205(d)(4)(B) of the State Depart- by the FAA for the continued airworthiness ACT.—Section 12 of the Alaska Natural Gas ment Basic Authorities Act of 1956 (22 U.S.C. of the manufacturers’ products. Transportation Act of 1976 (15 U.S.C. 719j) is 305(d)(4)(B)) is amended by striking ‘‘section (l) REPEAL OF CERTAIN EXPORT CONTROLS.— repealed. 6(j) of the Export Administration Act of Subtitle B of title XII of division A of the (d) MINERAL LEASING ACT.—Section 28(u) of 1979’’ and inserting ‘‘section 310 of the Export National Defense Authorization Act for Fis- the Mineral Leasing Act (30 U.S.C. 185(u)) is Administration Act of 2001’’. cal Year 1998 (50 U.S.C. App. 2404 note) is re- repealed. (6) Section 110 of the International Secu- pealed. (e) EXPORTS OF ALASKAN NORTH SLOPE rity and Development Cooperation Act of SEC. 703. SAVINGS PROVISIONS. OIL.—Section 28(s) of the Mineral Leasing 1980 (22 U.S.C. 2778a) is amended by striking (a) IN GENERAL.—All delegations, rules, Act (30 U.S.C. 185(s)) is repealed. ‘‘Act of 1979’’ and inserting ‘‘Act of 2001’’. regulations, orders, determinations, licenses, (f) DISPOSITION OF CERTAIN NAVAL PETRO- (7) Section 203(b)(3) of the International or other forms of administrative action LEUM RESERVE PRODUCTS.—Section 7430(e) of Emergency Economic Powers Act (50 U.S.C. which have been made, issued, conducted, or title 10, United States Code, is repealed. 1702(b)(3)) is amended by striking ‘‘section 5 allowed to become effective under— (g) OUTER CONTINENTAL SHELF LANDS of the Export Administration Act of 1979, or (1) the Export Control Act of 1949, the Ex- ACT.—Section 28 of the Outer Continental under section 6 of such Act to the extent port Administration Act of 1969, the Export Shelf Lands Act (43 U.S.C. 1354) is repealed. that such controls promote the nonprolifera- Administration Act of 1979, or the Inter- (h) ARMS EXPORT CONTROL ACT.— tion or antiterrorism policies of the United (1) Section 38 of the Arms Export Control national Emergency Economic Powers Act States’’ and inserting ‘‘the Export Adminis- Act (22 U.S.C. 2778) is amended— when invoked to maintain and continue the tration Act of 2001’’. (A) in subsection (e)— Export Administration regulations, or (8) Section 1605(a)(7)(A) of title 28, United (i) in the first sentence, by striking ‘‘sub- (2) those provisions of the Arms Export States Code, is amended by striking ‘‘section sections (c)’’ and all that follows through ‘‘12 Control Act which are amended by section 6(j) of the Export Administration Act of 1979 of such Act,’’ and inserting ‘‘subsections (b), 702, (50 U.S.C. App. 2405(j))’’ and inserting ‘‘sec- and are in effect on the date of enactment of (c), (d) and (e) of section 503 of the Export tion 310 of the Export Administration Act of this Act, shall continue in effect according Administration Act of 2001, by subsections 2001’’. to their terms until modified, superseded, set (a) and (b) of section 506 of such Act, and by (9) Section 2332d(a) of title 18, United aside, or revoked under this Act or the Arms section 602 of such Act,’’; and States Code, is amended by striking ‘‘section Export Control Act. (ii) in the third sentence, by striking ‘‘11(c) 6(j) of the Export Administration Act of 1979 (b) ADMINISTRATIVE AND JUDICIAL PRO- of the Export Administration Act of 1979’’ (50 U.S.C. App. 2405)’’ and inserting ‘‘section CEEDINGS.— and inserting ‘‘503(c) of the Export Adminis- 310 of the Export Administration Act of (1) EXPORT ADMINISTRATION ACT.—This Act tration Act of 2001’’; and 2001’’. shall not affect any administrative or judi- (B) in subsection (g)(1)(A)(ii), by inserting (10) Section 620H(a)(1) of the Foreign As- cial proceedings commenced or any applica- ‘‘or section 503 of the Export Administration sistance Act of 1961 (22 U.S.C. 2378(a)(1)) is tion for a license made, under the Export Ad- Act of 2001’’ after ‘‘1979’’. amended by striking ‘‘section 6(j) of the Ex- ministration Act of 1979 or pursuant to Exec- (2) Section 39A(c) of the Arms Export Con- port Administration Act of 1979 (50 U.S.C. utive Order 12924, which is pending at the trol Act (22 U.S.C. 2779a(c)) is amended— App. 2405(j))’’ and inserting ‘‘section 310 of time this Act takes effect. Any such pro- (A) by striking ‘‘subsections (c),’’ and all the Export Administration Act of 2001’’. ceedings, and any action on such application, that follows through ‘‘12(a) of such Act’’ and (11) Section 1621(a) of the International Fi- shall continue under the Export Administra- inserting ‘‘subsections (c), (d), and (e) of sec- nancial Institutions Act (22 U.S.C. 262p– tion Act of 1979 as if that Act had not been tion 503, section 507(c), and subsections (a) 4q(a)) is amended by striking ‘‘section 6(j) of repealed. and (b) of section 506, of the Export Adminis- the Export Administration Act of 1979 (50 (2) OTHER PROVISIONS OF LAW.—This Act tration Act of 2001’’; and U.S.C. App. 2405(j))’’ and inserting ‘‘section shall not affect any administrative or judi- (B) by striking ‘‘11(c)’’ and inserting 310 of the Export Administration Act of cial proceeding commenced or any applica- ‘‘503(c)’’. 2001’’. tion for a license made, under those provi- (3) Section 40(k) of the Arms Export Con- (12) Section 1956(c)(7)(D) of title 18, United sions of the Arms Export Control Act which trol Act (22 U.S.C. 2780(k)) is amended— States Code, is amended by striking ‘‘section are amended by section 702, if such pro- (A) by striking ‘‘11(c), 11(e), 11(g), and 12(a) 11 (relating to violations) of the Export Ad- ceeding or application is pending at the time of the Export Administration Act of 1979’’ ministration of 1979’’ and inserting ‘‘section this Act takes effect. Any such proceeding, and inserting ‘‘503(b), 503(c), 503(e), 506(a), 503 (relating to penalties) of the Export Ad- and any action on such application, shall and 506(b) of the Export Administration Act ministration Act of 2001’’. continue under those provisions as if those of 2001’’; and (13) Section 904(2)(B) of the Trade Sanc- provisions had not been amended by section (B) by striking ‘‘11(c)’’ and inserting tions Reform and Export Enhancement Act 702. ‘‘503(c)’’. of 2000 is amended by striking ‘‘Export Ad- (c) TREATMENT OF CERTAIN DETERMINA- (i) OTHER PROVISIONS OF LAW.— TIONS.—Any determination with respect to (1) Section 5(b)(4) of the Trading with the ministration Act of 1979’’ and inserting ‘‘Ex- the government of a foreign country under Enemy Act (50 U.S.C. App. 5(b)(4)) is amend- port Administration Act of 2001’’. section 6(j) of the Export Administration Act ed by striking ‘‘section 5 of the Export Ad- (14) Section 983(i)(2) of title 18, United of 1979, or Executive Order 12924, that is in ministration Act of 1979, or under section 6 States Code (as added by Public Law 106–185), effect on the day before the date of enact- of that Act to the extent that such controls is amended— ment of this Act, shall, for purposes of this promote the nonproliferation or (A) by striking the ‘‘or’’ at the end of sub- title or any other provision of law, be antiterrorism policies of the United States’’ paragraph (D); deemed to be made under section 310 of this and inserting ‘‘titles II and III of the Export (B) by striking the period at the end of Act until superseded by a determination Administration Act of 2001’’. subparagraph (E) and inserting ‘‘; or’’; and (C) by inserting the following new subpara- under such section 310. (2) Section 502B(a)(2) of the Foreign Assist- (d) LAWFUL INTELLIGENCE ACTIVITIES.—The ance Act of 1961 (22 U.S.C. 2304(a)(2)) is graph: ‘‘(F) the Export Administration Act of prohibitions otherwise applicable under this amended in the second sentence— Act do not apply with respect to any trans- (A) by striking ‘‘Export Administration 2001.’’. (j) CIVIL AIRCRAFT EQUIPMENT.—Notwith- action subject to the reporting requirements Act of 1979’’ the first place it appears and in- standing any other provision of law, any of title V of the National Security Act of serting ‘‘Export Administration Act of 2001’’; product that is standard equipment, certified 1947. Notwithstanding any other provision of and by the Federal Aviation Administration, in this Act, nothing shall affect the responsibil- (B) by striking ‘‘Act of 1979)’’ and inserting civil aircraft, and is an integral part of such ities and authorities of the Director of Cen- ‘‘Act of 2001)’’. aircraft, shall be subject to export control tral Intelligence under section 103 of the Na- (3) Section 140(a) of the Foreign Relations only under this Act. Any such product shall tional Security Act of 1947. Authorization Act, Fiscal Years 1988 and 1989 not be subject to controls under section (e) IMPLEMENTATION.—The Secretary shall (22 U.S.C. 2656f(a)) is amended— 38(b)(2) of the Arms Export Control Act (22 make any revisions to the Export Adminis- (A) in paragraph (1)(B), by inserting ‘‘or U.S.C. 2778(b)). tration regulations required by this Act no section 310 of the Export Administration Act (k) CIVIL AIRCRAFT SAFETY.—Notwith- later than 180 days after the date of enact- of 2001’’ after ‘‘Act of 1979’’; and standing any other provision of law, the Sec- ment of this Act. (B) in paragraph (2), by inserting ‘‘or 310 of retary may authorize, on a case-by-case Mr. SARBANES. Mr. President, I the Export Administration Act of 2001’’ after basis, exports and reexports of civil aircraft ‘‘6(j) of the Export Administration Act of equipment and technology that are nec- move to reconsider the vote. 1979’’. essary for compliance with flight safety re- Mr. NICKLES. I move to lay that mo- (4) Section 40(e)(1) of the State Department quirements for commercial passenger air- tion on the table. Basic Authorities Act of 1956 (22 U.S.C. craft. Flight safety requirements are defined The motion to lay on the table was 2712(e)(1)) is amended by striking ‘‘section as airworthiness directives issued by the agreed to.

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.022 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9181 Mr. SARBANES. Mr. President, I just a secret report at first, but it still middle on this one because previous ef- suggest the absence of a quorum. got publicity that brought to the at- forts had gone too far in one direction The PRESIDING OFFICER. The tention of the American people the or the other. As a result, it picked up clerk will call the roll. problem of secrets being stolen from a majority in opposition. The assistant legislative clerk pro- the United States. One thing about passing a bill is that ceeded to call the roll. That raised the level of this bill so to pass it, you have to get it through Mr. SARBANES. Mr. President, I ask that I and Senator JOHNSON of South all of the different steps. A ‘‘no’’ vote unanimous consent the order for the Dakota could work through our sub- at any one of those steps kind of stops quorum call be rescinded. committee to really find out what was it dead in its tracks and sends you The PRESIDING OFFICER. Without happening with it, to see how those back to ground zero. objection, it is so ordered. things in the Cox commission and We are at the halfway point on this f other reports, as they came out, fit one now. We have gotten it through into this bill. We put them into that several votes successfully. It is much MORNING BUSINESS bill, worked together to find solutions, easier sometimes to create confusion Mr. SARBANES. Mr. President, I ask met—‘‘interminably’’ might not be the and pick up the votes on the other side. unanimous consent the Senate proceed right word, but it feels like the right I appreciate the Senators who helped to a period of morning business with word sometimes—with a number of to promote and to clarify this. Again, Senators permitted to speak therein groups and anybody who was interested the clarification came from both sides. for not to exceed 15 minutes each. in the bill and worked hard to heighten Senator THOMPSON and Senator KYL The PRESIDING OFFICER. Without the interest of those people in the bill. particularly are to be congratulated for objection, it is so ordered. Fortunately, Senator JOHNSON and I their tenacity at bringing up different The Senator from Wyoming. got to work under the direction of Sen- points. You will find on the list of f ator GRAMM and Senator SARBANES, meetings that we put in that a lot of those meetings were with those two in- EXPORT ADMINISTRATION ACT two vastly different personalities with different ways of working. I have to dividuals. And as I mentioned numer- Mr. ENZI. Mr. President, what I say that working under those two peo- ous times, we put in 59 changes. One of would like to do is take some time, be- ple on any piece of legislation is an the biggest changes, of course, is the cause I did not have an opportunity education. They are very considerate override that the President has. We just before the vote, to thank all the in everything they do. They both study gave a trump to the President on ev- people who worked on and participated it to a very deep knowledge. They ask erything in the bill. We put in some new sections, and we in this bill that we have just com- penetrating questions, and they have said that the President has the right to pleted, and that includes the people that ability and sense of when to move set those aside in specific instances. It who are both for the bill and against forward and when to hold back. Par- makes a huge difference in how this the bill. Everybody made a contribu- ticularly when you have the combina- bill will work. It really will allow the tion on this one. tion of Senator SARBANES and Senator limited resources that we have—and we As I mentioned before, all 100 Sen- GRAMM, you have these two personal- are increasing those resources, but ators are interested in national secu- ities that cover all aspects of the spec- they are still limited—to concentrate rity—deeply interested, deathly inter- trum of dealing with people. on the worst situations and to make ested in national security. That has Of course, with both of them, you them better. That is what we are try- been demonstrated by the work that have vast years of knowledge of doing has been put in on this bill. They are ing to achieve with the bill. this kind of work, which is different I would also like to thank the Major- also extremely interested that the than any other job I think anybody can economy of the country advance. We ity Leader, Senator DASCHLE, for his have. strong support and willingness to bring just passed a bill that will allow both They recognize the ways to work the bill to the floor for debate. Senator of those things to happen, and happen with people and the mechanisms to do REID was also instrumental in negoti- safely. it and have just been tremendous in ating the bill to the floor for debate. We have been without the kind of a guidance as we have gone through this. His support and guidance was very bill that we have needed for a long pe- I would be real remiss if I did not much appreciated. riod of time. We just passed one that is place some special thanks on all of the Again, I thank everybody who considerably better than what we had staff people who worked on this. Again, worked on the bill. I particularly ap- in place, and is even better than the staff do a lot of the preparation, a lot preciate all of the hours Senator SAR- 1979 act when it was extended. So we of the study. They do meetings among BANES has spent on the floor this week, are in a position now where we can go, themselves and then bring the results not only in debate, in clarifying things, with some real credibility, to the of those meetings to us for resolution. which showed his vast depth of knowl- House side to ask them to move the There were some real experts involved edge of the bill, but particularly with bill forward and to join with the White in this, people who really know how to the administrative work he did as he House in getting this passed quickly, network. And I would be surprised if helped to get people together who need- as the White House asked. And, of there has been any other bill that had ed to talk about different parts of this course, we will be asking for all the the kind of trust between staff and be- bill. His steady hand certainly played a people who have an interest in this bill tween Senators that this bill has had. to also help work on the House side. We big role in the kind of vote we received. We worked on it for a long time. Of I again thank everybody who worked know they will take quick action and course, that built up the trust as we on the bill and congratulate everybody that we will get this huge problem to slowly got to the point where we had a who worked on the bill. That is both the United States solved. draft to put through. those who were for and those who were I would like to particularly thank During that time, we did find out against. We will see everybody on the those people who have worked closely that it was an issue that affected ev- House side. on the bill. I will start with Senator erybody in the country. So then, of I yield the floor. GRAMM, who allowed me to be the sub- course, it affects both sides of the aisle. The PRESIDING OFFICER. The Sen- committee chairman and get this as- This is one of those examples of bipar- ator from Kentucky. signment. tisan effort. It results in a bipartisan Mr. MCCONNELL. Mr. President, we I have to tell you, when I first got vote and gives us some real strength as are in morning business? the assignment, I thought, this has we continue this process. The PRESIDING OFFICER. The Sen- failed about 12 times so I assume this is Again, I thank my fellow Senator, ator is correct. one of those tasks that freshman Sen- Mr. JOHNSON, for his efforts on this bill Mr. DORGAN. Will the Senator from ators get. I didn’t expect much to hap- and all of the different presentations Kentucky yield for a unanimous con- pen on it, but we began the process of we had to give over the course of time sent request? learning about it, and the Cox commis- to different groups as we got them to Mr. MCCONNELL. I yield for that sion report came out. Of course, it was buy in. Everybody had to come to the purpose.

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.056 pfrm01 PsN: S06PT1 S9182 CONGRESSIONAL RECORD — SENATE September 6, 2001 Mr. DORGAN. I understand the Sen- put in place when it was expected there We suffered a contraction. We went ator from Kentucky and the Senator would be nothing but surpluses as far through a period when everybody from California, Mrs. FEINSTEIN, are as the eye could see that now does not thought the stock market would al- going to seek recognition. I ask unani- add up at all. ways go up and never go down. That is mous consent that I be recognized in I want to show a quote on a chart not the case. We went through a period morning business for 15 minutes fol- from Mr. Mitch Daniels, the head of when everybody thought there was one lowing their presentation. the Office of Management and Budget way the economy moves: upward, The PRESIDING OFFICER. Without in a statement he made on Sunday on steadily, relentlessly. objection, it is so ordered. The Senator ‘‘Meet the Press’’ because it is central Now they are experiencing what we from Kentucky. to this question about fiscal policy. learned in economics. I actually taught (The remarks of Mr. MCCONNELL What are the resources? How many re- economics for a while, and I have over- and Mrs. FEINSTEIN pertaining to the sources do we have? How do we use come that, as I often say. We taught introduction of S. 1409 are located in those resources? Mr. Daniels says we the business cycle. The business cycle today’s RECORD under ‘‘Statements on have the second largest surplus in the is inevitable. There is an expansion and Introduced Bills and Joint Resolu- history of the country. We are ‘‘awash a contraction. It all has to do with peo- tions.’’) in cash,’’ he says. But, of course, what ple’s confidence in the future. Some- The PRESIDING OFFICER. The Sen- he is talking about is the Social Secu- times there is more confidence and ator from North Dakota. rity trust fund and the money in the sometimes less confidence. Mr. REID. Will the Senator yield for trust fund. The point is, we all now inherit this a brief statement? There used to be $125 billion expected economy that has softened. It is in- Mr. DORGAN. Of course, I will be above that, which indeed is a surplus, cumbent on us all to get together and happy to yield. but that is now gone. That has evapo- work together; that the President and Mr. REID. Mr. President, on behalf of rated. What is left belongs to the So- the Congress understand the plan that Senator DASCHLE, there will be no cial Security trust fund. When he says existed before, anticipating surpluses more votes tonight. The majority lead- we are ‘‘awash in cash,’’ he is talking forever, is a plan that now does not add er indicated in the morning he is going about Social Security trust fund mon- up. It is desperately short of the re- to move forward on some legislation. It eys. Mr. Russert, the moderator of sources to do that which the President is not for sure what it is. We are hope- ‘‘Meet the Press,’’ said: wants to do. It would make good sense, ful we will move to an appropriations The surplus is money that you got through in my judgment, for the President to bill. Senator DASCHLE has an impor- payroll taxes, which are designated towards join us in an economic summit of sorts tant meeting tonight to see if that can Social Security. And to tap into that is a violation of what George Bush pledged dur- to work through a new plan that rep- be done. Senator DASCHLE asked I ad- ing the campaign. resents an understanding that there is vise everyone there is a possibility of To which Mr. Daniels replied: a new reality to this economy and the votes in the morning. Everyone should Well, it’s not designated for Social Secu- numbers in the current plan do not add be prepared in that regard. There will rity, Tim. up. be no more votes tonight. Let’s create a plan together that The PRESIDING OFFICER. The Sen- It is not designated for Social Secu- rity. That is from the head of the Of- makes sense for the American people, ator from North Dakota. fice of Management and Budget from one that invests in the American peo- f this administration who says that the ple’s future and one that tries to pro- SENATE BUSINESS trust funds are not in the trust fund. vide the stimulus and incentive to help The taxes that come out of all the promote confidence and start this Mr. DORGAN. Mr. President, with re- economy, once again, on an upward spect to the announcement by my col- workers’ paychecks in this country, called Social Security taxes, that are trend. That is what we have a responsi- league from Nevada, I am a bit con- bility to do. fused what is happening in the Senate. put into a dedicated trust fund, we are told now by the head of the Office of Fingers that are pointed mean very We have the month of September to little at this point. We are all in this finish our appropriations bills. We have Management and Budget that this money is not designated for Social Se- ship of state together. It is not as if had no conferences on any appropria- there is an engine room with dials, tions bill at this point. We have 13 of curity. He could not be more wrong or more knobs, gauges, and levers so that if we them to do. We have a very short pe- unsuited for that job if he really be- can just get Alan Greenspan, or some- riod of time in which to finish the work lieves that. It is possible this is a mis- one in charge of fiscal policies, to move of the appropriations committees in take. It is not a mistake in tran- these gauges and levers just right so the House and the Senate. scription. That is what he said, but it the ship of state will move. That is not It is inexplicable to me that we are is possible he misspoke. If he did, let’s the way the economic engine behaves. at this moment at 5 o’clock in the hear that. If he did not misspeak, if This ship of state moves forward and afternoon unable to go to another ap- this is what he believes, he is sadly the economy grows when people have propriations bill. They are ready to mistaken. confidence in the future. The American come to the floor. We are being This is a big, big issue. This is a $162 people, the bond markets, and stock blocked. There are objections to the billion issue in this year alone. It is a markets do not have confidence in a motion to proceed to an appropriations half-a-trillion-dollar issue in the next 5 fiscal plan they know does not add up. bill. It makes no sense to me. This Sen- years. It is essential to the construct of That is why it is important for the ate must do its work and pass the ap- a fiscal policy that works to under- President to recognize that reality and propriations bills. It will have to be stand that this money does not belong work with us to construct a new plan. sooner or later. It is much better if it to them; it does not belong to the Gov- is sooner. This is the work of the ernment; it belongs to the American f American people passing appropria- workers. They paid it. It is their taxes, INTERNATIONAL TRADE tions bills that contain the money for and they were told it was going to go essentially the operation of Govern- into a trust fund. Mr. DORGAN. Mr. President, I wish ment. We have so much work to do and The message ought to be: Keep your to take a moment to speak about a dif- so little time in which to get it done. hands off those trust funds. ferent subject, international trade. I The appropriations bills and the All of us face difficulty as a result of will do it briefly because I understand question of whether this fiscal policy a softening economy. I am not here my colleague, Senator BYRD, wishes to adds up is very important for everyone. pointing fingers at who is to blame and address the Senate. I certainly do not This town and, in ways, the country who is not to blame. The fact is, we want to disadvantage him. If my col- are asking a lot of questions these days have had an economy that always has league, Senator BYRD, will indulge me about a softening economy, a surplus had a business cycle: an expansion side for a few more minutes, I want to make that used to exist that has now largely and a contraction side. Nobody has a comment about international trade. vanished, and a fiscal policy that was ever changed that. Mr. BYRD. Please.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.072 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9183 Mr. DORGAN. Mr. President, my col- In 2000, Korea shipped 570,000 vehicles gotiators can look down at their chests league, as always, is gracious, and I to the United States of America. How and see who they are representing and deeply appreciate that. many vehicles did we produce and ship for whom they are negotiating.’’ Send Congress Daily today says: to Korea? Only 1,700. them over to the negotiating table and Vote on trade negotiating authority suf- Is it because we do not make auto- say, ‘‘Stand up for this country’s inter- fers another delay. mobiles? No, that is not the reason. It ests.’’ This is a story about the House of is because if Ford makes a car and Do not build walls and keep things Representatives deciding to delay a ships it to Korea, by the time it gets out of here. But our negotiators need vote on what we normally call fast through all of their taxes, tariffs and to say, ‘‘We expect fair trade.’’ We ex- track. They have delayed it because other obstructions, it costs thousands pect them to stand up for this coun- the Speaker of the House says they more than it ought to cost. Therefore try’s interests. Stand up for the Amer- need time to get all their ‘‘ducks in a the Koreans do not buy it. ican worker. Stand up for American row.’’ First of all, one has trouble getting business. Stand up for American prod- I simply point out to those who are it, but if they get it in the country ucts. We are sick and tired of unfair working to get their ‘‘ducks in a row’’ they do not buy it because it is thou- trade bargains that put us in a sea of in the House of Representatives to pass sands more than it should be. So the red ink and put our employees and fast track trade authority, that when result is our automobile trade with businesses at a disadvantage. it comes to the Senate, there are not Korea is extremely unbalanced. They That is true with Japan. It is true going to be ducks in a row to pass fast send us 570,000 vehicles a year and we with China. I have not spoken about track trade authority for our Presi- send them 1,700. That is vehicles to China. I should, but out of respect for dent. Korea. my colleague who is waiting to speak, I would not support it for President How about T-bone steak to Tokyo, I will do that at a later time. Clinton and I will not support it for beef to Japan? Do my colleagues know Japan, China, Korea, Canada, Mexico, this President, and I want to explain that every single pound of American Europe. This country is drowning in a why. I believe a band of Senators who beef we send to Japan has a 38.5 per- sea of red ink, in international trade feel as passionately as I do about our cent tariff on it, every single pound? deficits, and it ought to stop. I will not trade policy believe it is not only un- To buy a T-bone steak in Tokyo is very be a part of a Senate that is going to democratic to cede to someone else the expensive. Do you know why? Because try to give fast track authority to a ability to go to negotiated trade agree- they restrict the amount of beef com- President. ments with the promise that no Sen- ing in. We reached a beef agreement There will be a group of Senators ator has the opportunity to offer a with Japan and our negotiators cele- who believe, as I do, that it is worth change to that agreement when it brated it. Twelve years later we still the passion, energy, and time to see comes to the floor of the Senate. But I have a 38.5 percent tariff on every sin- that the priority in this country, and the priority in trade policy, is not to also want to explain why I think those gle pound of beef going to Japan. T- grant fast track authority to the Ad- who have negotiated our trade agree- bones to Tokyo, that is unfair trade; ministration so they can go off and ne- ments are not entitled to be given a cars from Korea. How about high-fruc- gotiate new trade agreements. Rather, blank check for trade negotiation au- tose corn syrup to Mexico? Here they we need to get some people who know thority by this Congress. levy the equivalent of a 43 percent to 73 how to negotiate solutions to the prob- Let me give a couple of examples to percent tariff on corn syrup, despite describe why. Here is what has hap- lems in the old trade agreements. being in violation of NAFTA. Or how pened to our merchandise trade deficit. Let us fix the problems they have al- about durum wheat to this country It has ballooned from $132 billion in ready created instead of running off from Canada? Fundamentally unfair 1993 to $449 billion last year. It is ex- and trying to create new trade agree- trade. There are millions of bushels ploding. We are exporting manufac- ments. This is especially true when we coming across in 18-wheel trucks. The turing jobs at a rapid pace, and this is have this trade deficit that is becoming Canadians have a monopoly that would a trade debt that we must repay in the an albatross around the neck of our be illegal in this country called the Ca- future with a lower standard of living children. A trade deficit that will and nadian Wheat Board. They ship wheat in the United States. This is serious. It must be repaid. One that must be re- to this country at secret prices. When is trouble and we must get it under paid with a lower standard of living in control. we say to them, ‘‘open up your this country. That is why it is impor- We have had a trade deficit with records,’’ they simply thumb their nose tant now to solve this problem. It will Mexico. Let us look at what has hap- at us and say, ‘‘We do not intend to not be solved by more trade if it is un- pened with Mexico. In 1993, we passed shed one bit of light on this. We do not fair. the North American Free Trade Agree- intend to share any data with you at I am for expanded trade. I am for ment. Before the agreement, we had all.’’ That is the way trade is. more trade. I am for all the things that small deficits with Mexico, $5 billion, So I say to those in the House who people want to do to engage around the and then $2 billion or $3 billion. Then, are getting their ducks in a row to pass world in commerce, but I demand on a few years before the agreement, we fast track trade authority, ‘‘Well, go behalf of this country, and on behalf of had a surplus with Mexico. ahead and get your ducks in a row. But American workers and businesses, that What has happened since NAFTA was you should understand that ducks are trade agreements be fair to America passed? We are drowning in red ink not going to be in a row when that gets for a change. with the country of Mexico. to the U.S. Senate.’’ Trade agreements with Japan, China, Mr. BYRD. Mr. President, will the I did not believe President Clinton and others have been negotiated in an Senator yield? ought to have this authority, and he incompetent way. You can put a blind- Mr. DORGAN. Yes, of course, I will did not get it. I do not believe this fold on. It does not matter whether it be happy to yield. President ought to have this authority, is Republicans or Democrats in office. Mr. BYRD. What are those figures and, in my judgment, he is not going to Will Rogers once said the United representing our drowning? get it. States of America has never lost a war Mr. DORGAN. Their the current ac- The first step, and I have said this to and never won a conference. He cer- counts deficit. With Mexico alone, it is the Commerce Secretary: ‘‘Do you tainly must have been thinking about over $30 billion a year. In fact, our ag- want to talk about fast track? I will our trade negotiators. We can do a gregate merchandise trade deficit is tell you what you ought to fast track. whole lot better than that. over a billion and a quarter a day, Why don’t you put on the fast track a My point very simply is, on fast every single day. It is many trade part- few trade solutions.’’ I say to the trade track, get your ducks in the row in the ners including Japan, China, Canada, negotiator and others, ‘‘Get some good House, but understand when it gets to Mexico and Europe. It’s a huge growing negotiators. Fit them with jerseys, just the Senate it is not going any further. dangerous debt. like we do with the Olympics. Make There are plenty of us who are going to How does all of this happen? Let me sure the jerseys have a big ‘‘USA’’ on see that fast track is not passed in the give a few examples. Vehicles in Korea. the front so that occasionally our ne- U.S. Senate.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.075 pfrm01 PsN: S06PT1 S9184 CONGRESSIONAL RECORD — SENATE September 6, 2001 Yes, we are for trade, but we are for Mr. BYRD. I ask unanimous consent tion policy that would, among other fair trade. It is time to insist on fair to speak for not to exceed 45 minutes. things, legalize three to four million trade and get rid of these ballooning The PRESIDING OFFICER. Without undocumented Mexican immigrants trade deficits. objection, it is so ordered. now working in the United States. Let me thank my colleague, Senator Mr. BYRD. Madam President, I According to the latest numbers from BYRD, from West Virginia. He is, as is thank the Chair. the U.S. Census Bureau, immigrants always the case, most gracious to allow f now comprise about 11 percent of the me to continue beyond the time allot- total U.S. population. That is about 30 U.S. IMMIGRATION POLICY ted. million immigrants living in the Mr. BYRD. Will the Senator yield Mr. BYRD. Madam President, the in- United States—13 million to 14 million briefly? scription on the base of the Statue of of whom arrived just in the last 10 Mr. DORGAN. I will be happy to Liberty that has welcomed immigrants years. yield. for generations can be found in the These numbers are quite extraor- Mr. BYRD. Sign me up. Sign me up poem, ‘‘The New Colossus,’’ by Emma dinary because they suggest that at as one of those who will stand with the Lazarus: least 1.3 million immigrants are set- Senator to defeat fast track. We have Not like the brazen giant of Greek fame, tling in the United States each year. seen too many American jobs take a With conquering limbs astride from land to That is more than arrived during the fast track out of this country. We have land; last great wave of immigration be- seen what happened to pottery in my Here at our sea-washed, sunset gates shall tween 1900 and 1910, when about 850,000 State. We have seen what happened to stand A mighty woman with a torch, whose flame people entered the country each year. glass, what happened to leather goods, Is the imprisoned lightning, and her name In addition to their arrival in the what has happened to textiles, what is Mother of Exiles. From her beacon-hand United States, during the 1990’s, immi- happening to steel, what is happening Glows world-wide welcome; her mild eyes grant women gave birth to an esti- to chemicals. command mated 6.9 million children. If we add I will be with my colleague. I am op- The air-bridged harbor that twin cities together the number of births to immi- posed to fast track. I am for free trade frame. grants and the number of new arrivals, but fair trade. ‘‘Keep ancient lands, your storied pomp!’’ immigration during the 1990’s led to Next year will be my 50th year in cries she the addition of 20 million—or two- With silent lips. ‘‘Give me your tired, your Congress, and I see one administration poor, thirds of the nearly 30 million people after another, Republican and Demo- Your huddled masses yearning to breathe who populated the United States over crat, go down this same fast track, and free, the last 10 years. I am tired of it. I have been against it. The wretched refuse of your teeming shore. If current trends continue, according I do not stand here today and propose Send these, the homeless, tempest-tost to to the Census Bureau’s middle-range we ought to deliberate on putting a me, projections, the U.S. population will duty on every toothbrush or every fid- I lift my lamp beside the golden door!’’ grow from 280 million to 404 million dle or fiddle string or every paint brush The United States has a proud his- people by 2050, with immigration ac- that comes into this country, but there tory of welcoming immigrants fleeing counting for about 63 percent of that are a few major questions that we religious persecution, political oppres- growth. That means the number of new should be allowed to debate and offer sion, and economic hardship. My own immigrants entering this country over amendments on when that measure forebear on my father’s side came to the next 50 years, about 78 million im- comes before the Senate. What’s wrong these shores in 1657, settled on the migrants, will be roughly equal to 43 with that? I wouldn’t mind, half a banks of the Rappahannock River times the current population of West dozen, six, three, but why should we go where all—with the exception of pos- Virginia. along with our eyes closed and con- sibly one in this Chamber—are chil- As I have said, many of these immi- tinue to join in this fast track of Amer- dren, grandchildren, great-grand- grants will contribute to the economic, ican jobs and American industries children, and great-great-grand- cultural, and political development of across the seas? children of immigrants. The magnani- the United States. But, let us not for- Getting our ducks in a row, we have mous promise of a better life that is in- get, let us not be unmindful of the fact become sitting ducks. These are the scribed in the base of the Statue of Lib- that there will also be real costs asso- ducks that our forefathers gave us to erty has deep roots in both the Amer- ciated with this population increase. put in a row. Section 8, article I, the ican mind and American law. George Many of these new citizens will come U.S. Constitution: Washington captured that promise in in search of access to quality health The Congress shall have Power to regulate his dictum two centuries ago that the care services. Yet too many of our Na- Commerce with foreign Nations, and among United States should be ‘‘a country tion’s 5,000 emergency rooms are al- the several States * * * which may afford an asylum, if we are ready operating at critical capacity. It doesn’t say anything about getting wise enough to pursue the paths which Go over to Fairfax Hospital. I just our ducks in a row. It doesn’t say any- lead to virtue and happiness, to the op- had my wife of 64 years over to that thing about fast track. It doesn’t say pressed and needy of the Earth.’’ hospital twice within the last 6 weeks. anything about binding and gagging I understand the American dream And I took her both times—once ourselves when it comes to trade legis- that has lured immigrants here for through a call to 911. You will be lation. It says the Congress shall have more than 200 years. I have a son-in- amazed at what you see. The hospitals power to regulate commerce. law who is an immigrant from Iran. He are overcrowded. Let’s exercise that power. Let’s exer- is a physicist. I have a grandson who is According to the LA Times, at many cise our rights as Members of the Sen- married to an immigrant from Korea. of the nation’s hospitals, ‘‘ambulances ate, elected by a free people. Count me, My own State of West Virginia has are being turned away and patients are register me, make me a first lieutenant benefitted from the many contribu- stacked in the hallways.’’ If we are to in the ranks. I am ready. I volunteer. tions made by our foreign-born citi- accept these new citizens, it is clear I thank the Senator for his contribu- zens. West Virginia’s coal miner popu- that we will have to spend billions of tions. I thank him very much for his lation in the early part of the 20th Cen- taxpayer dollars to expand our health leadership on this issue. tury reads like a United Nations ros- care infrastructure. Is the Senate in a period for morning ter: British—English, Welch, Scottish— This Nation also has the responsi- business? Irish, Italian, Hungarian, Lithuanian, bility to provide a quality public edu- The PRESIDING OFFICER (Ms. Swedish, Austrian, Russian, Greek, cation to its citizens. Yet, the Depart- STABENOW). The Senator is correct. Syrian, Romanian, German, Polish, ment of Education recently reported Mr. BYRD. Are there any limita- Slavic, and on and on. that the number of children in public tions? In recent months, this administra- schools has grown by nearly 8 million The PRESIDING OFFICER. Each tion has been working with its Mexican in the last two decades. This growth Senator is restricted to 15 minutes. counterparts to craft a new immigra- has strained the resources of many

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.078 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9185 school districts, resulting in over- How much of our limited resources is 6 million illegal aliens living in the crowded classrooms and overgrown the administration willing to sacrifice? United States, a number which in- schools where discipline is difficult if At what price are we willing to accept creases by more than 200,000 per year. not almost impossible, and individual all of these new immigrants? And these numbers are based on 1997 attention is nearly impossible. These are the questions that our im- population statistics. Once the Census These are questions we ought to migration policy needs to address if we 2000 population statistics are available, think about. We need to think about are to offer a higher standard of living immigration experts expect this num- these things. and a better life to the immigrants ber to increase to somewhere between In 2000, there were about 8 million that our nation accepts. Instead, the 8.5 million illegals and 13 million school-age children—ages 5 to 17—of American public is witnessing an im- illegals. That’s double the estimated immigrants who had arrived since 1970, migration debate unfold that threatens number of illegals in 1986. according to the Center for Immigra- to move this nation’s immigration laws The number of amnesties that have tion Studies. This is roughly equal to in exactly the wrong direction. been proposed in recent years, and the the total growth in elementary and Today the President of Mexico, corresponding rise in illegal immi- secondary school enrollment over the Vicente Fox, in addressing a joint ses- grants, suggests that something is seri- last 20 years. If we invite more immi- sion of Congress, spoke about the need ously wrong with this country’s immi- grants into our public school system, to regularize the flow of migrant work- gration laws. It suggests that the basic we must consider the absorption capac- ers between the United States and framework either doesn’t work or that ity of American public education. This Mexico. The Bush Administration con- we are not serious about enforcing it. means that we will have to spend bil- tends that we can regularize this mi- I am amazed at the political support lions of taxpayer dollars to expand our grant flow through a new ‘‘temporary for these amnesty proposals. As I say, I public education infrastructure. The worker’’ program. voted for them. I was misled. current infrastructure is being strained I assure you, that there is nothing Both political parties—Republican to the hilt. new about ‘‘temporary worker’’ pro- and Democrat—support broader immi- We also have a responsibility to en- grams and the amnesties that usually gration rules. But no one is talking about the addi- sure that these new citizens, at the accompany them. In fact, these kinds tional costs to the American tax- very least, have access to the resources of proposals have become a frightenly payers. Not one is talking about the to become proficient in the English familiar routine in recent years that strain on our natural and financial re- language. The Census Bureau recently have contradicted our immigration sources. reported that nearly one in five Ameri- laws and sent exactly the wrong mes- Building a political base is no reason cans does not speak English at home. sage abroad. to encourage illegal immigration, nor Among Spanish speakers, only half the In 1986, Congress granted an amnesty is building up union membership, nor is adults described themselves as speak- to 2.7 million illegal immigrants, based importing cheaper labor to replace U.S. ing English well, and only two-thirds of on the promise that it would stem the workers. We must not glibly rush for- the school-age children in Spanish- tide of illegal immigration when com- ward on immigration policy without speaking homes described themselves bined with a ban on the hiring of ille- adequate thought about unintended as speaking English very well. If we ac- gal immigrants by employers. I sup- consequences, tangential ramifications cept these potential citizens, we have ported that proposal, although it later or adequate public education and de- an obligation to help ensure that they proved to be a false promise. Illegal im- bate. Whether this rush to loosen our can assimilate themselves into our so- migration increased dramatically. enforcement of immigration laws is ciety. More recently, there have been ef- due to jockeying for political advan- Population growth will also continue forts by Congress to pass the so-called tage as cynics might contend, or sim- to cause more and more land to be de- 245(i) status adjustment, which would ply an outgrowth of commendable al- veloped. Both past experience and com- allow illegals—for a $1,000 fee—to waive truistic urges on the part of our na- mon sense strongly suggest that popu- the requirement that would force them tion’s political system, we need to step lation growth of this kind has impor- to leave the country and effectively back, slow down and take a serious tant implications for the preservation bars them from reentering the United look at our immigration policies. of farm land, open space, and the over- States for up to 10 years. I well understand that there are seg- all quality of life throughout our coun- This kind of legislation, in par- ments of the American economy which try. A nation simply cannot add nearly ticular, flies right in the face—right in profit greatly by the labors of illegal 120 million people to its population the face of the Congress’ recent efforts immigrants. I well understand the without having to develop a great deal to stop the flow of illegal immigrants. human sorrows endured by immigrant of undeveloped land. The section 245(i) provision nullifies families who cannot earn an adequate There are also environmental con- those measures passed by the Congress living in their native land, and so must cerns that must be considered. A grow- that would punish immigrants who send a wage earner across the border to ing nation requires increasing amounts enter this country illegally. work and establish a foot hold for fu- of energy and greater recovery of nat- Not only is this legislation unfair to ture generations. My experience grow- ural resources, which results in larger every immigrant—both present and ing up in the coal fields during the output of pollution in our streams and past—who waited to legally enter this years of the Great Depression was not greater accumulations of solid waste in country, but it sends the message too far afield from the immigrant expe- our landfills. abroad that as long as you can gather rience of today. I know extreme pov- Our resources, as never before, are together enough money, you can cir- erty. I know what it is to start out life limited. For all the talk we have heard cumvent our laws whenever they prove with the bottom rungs of life’s ladder in recent months from the administra- to be inconvenient. missing. I remember being at the tion about liberalizing our immigra- State and local governments have mercy of the coal company employer in tion laws, the President has not made not done much better at discouraging the coalfields. I understand the stigma any suggestions—I haven’t heard them illegal immigration. Many States are of being undereducated, poor, and with- if he has made any—about how to pay making it easier for undocumented im- out the bottom rungs in the ladder. I for the additional infrastructure in- migrants to apply for a driver’s license, understand that. That is why I am so vestments that will be required. government health care benefits, and concerned about the direction of our Just look around you. The infra- lower state college tuition. None of immigration policy of today. structure is being asked to bear far these initiatives will act as a deterrent I believe that not enough thought has more than the traffic will bear. Look to illegal immigration. been given and not enough questions at our schools. Look at our hospitals. Let us continue to have legal immi- have been asked. I question the sin- Look at our welfare programs. gration. Let us not offer attractions to cerity of our rush to appease. Are we Does the Administration want to in- illegal immigration. really acting in the best interests of crease taxes to support these new- The Immigration and Naturalization the Mexican immigrants or of our own comers? We have been cutting taxes. Service estimates that there are about citizens?

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.082 pfrm01 PsN: S06PT1 S9186 CONGRESSIONAL RECORD — SENATE September 6, 2001 I have lived 84 years and one lesson physical and human resource related— they are ever shrinking. The Congress that I have learned in my years of ob- is 20 years behind, and falling further will have to appropriate the 13 annual servation and service is that the most behind with each passing year. appropriations bills this year with less precious commodity in public policy is From everything to inadequate roads than adequate resources to finance our that of honesty—intellectual honesty. and transportation, to a health care infrastructure needs. I am opposed to I hope that this rush to further relax system that assists fewer and fewer the further erosion and draining of the our immigration laws is not just a people, to an education system that limited resources that are available. competition for political advantage, fails to impart either discipline or I did not vote for the tax cut. I vigor- but I fear that that is in fact the driv- knowledge, we need to face the fact ously opposed it. And my wife and I are ing force. If I am right, and ‘‘votes ripe that our resources are limited. It is a returning our check. And as resources for plucking’’ is driving the altruistic sad yet very true fact that we must all shrink, we run the risk of resentment, claims of both parties, I urge that we face. And we ought to think about it. I increasing resentment between those draw back and face the ugly possibility think these are proper questions to who are coming and those who are of unintended exploitation of foreign ask. We are no longer a land of unlim- here, and those are forces that we do workers as the outcome of political ited possibilities because we no longer not want to unleash. jockeying for the Hispanic vote. provide the basics which allow the peo- We cannot be so generous that we In the first place there is no easily ple to flourish. We have disinvested in strain our own resources to the break- identifiable ‘‘Hispanic vote.’’ Cuban our own Nation. We have disinvested in ing point. And if we allow illegal Mexi- peoples, Mexican peoples, and other our own people. The cupboard is not cans to come here, and to stay, what Latin peoples who may have immi- bare, but its contents are decidedly about illegal immigrants from else- grated to the United States have radi- skimpy, and it is a grave disservice to where? How can we be fair to them if cally different political views and de- invite the neighbors to a sumptuous we do not treat them all alike? We can- cidedly different priorities. In the sec- feast at our house when we know that not be so generous that we strain our ond place hispanic peoples who have re- there is nothing left in the cupboard, own resources to the breaking point. sided in the United States for some nothing to serve but poke greens and It is time for us to think of the peo- years often deplore the laxer rules salads that are cut from the hillside. ple of America, and their children and which allow new immigrants easier ac- We risk turning a blind eye to the their grandchildren. We need a na- cess to U.S. shores, and resent the un- needs of our own Nation in future years tional debate. We do not need some- fortunate image which newer immi- when we try to absorb huge, huge num- thing that can be rushed through on grants may project. The Hispanic votes bers of underskilled, uninsured, under- the consent calendar. We need a na- is not a monolith and it is an insulting, educated immigrants without a cogent tional debate on our immigration poli- shallow proposition to portray all peo- plan for handling their needs and fos- cies. The people out there must seri- ple’s of Latin descent as such. tering their eventual assimilation into ously ask the politicians, what are the Then there is the question of honesty our own society. answers to these questions that are again. Are we not skating dangerously We must not rush to appease the de- being asked? They are legitimate ques- close to falsehood when we politicians mands of our friends to the south of tions. What are the answers? pretend that we can handle these vast our border without stopping to con- We must seriously ask ourselves just numbers of future immigrants in any template the consequences. President how many more people our country sort of decent and humane way? Any- Fox of Mexico has the responsibility of will be able to accommodate. This is one even vaguely familiar with the delivering on his promise to the Mexi- not something, Madam President, that health care system in this nation can people of more jobs and a stronger should be rushed through Congress in 4 knows that it is inadequate to service economy. He cannot look solely to the months or in 4 years, without adequate our present population and becoming United States to solve his economic debate. These are questions that should more inadequate each day. Go visit the and political problems. be thoroughly aired. hospitals in the area. How can we pre- We must also proceed with caution Whatever proposal the President tend that we can address even the most when we advocate policies that cir- sends to Congress, it should be debated mundane health care needs of these cumvent the intent of our own immi- at length in the Senate. The American new immigrants? gration laws. Those laws are passed by people must know what costs they are We read about those needs in the the Congress of the United States and being asked to absorb. They must know newspapers—in the Washington Post signed by a President of the United what sacrifices they are being asked to and the Washington Times. The stories States. Those laws are intended to make. And legal immigrants should be are frequent in those newspapers about allow for the orderly absorption of im- asking the same questions. What are the health needs, about the poverty, migrant populations, and to prepare the sacrifices they are supposed to and about education shortcomings. We that population to become productive, make on behalf of illegal immigrants? are so stretched now that we cannot participating English literate, United Those immigrants who have waited pa- handle the present load. Our infra- States citizens. tiently, knocking at the door, how do structure just simply can’t handle it. I can tell you Madam President, as they feel about it? America is a nation How can we pretend that our over- the chairman of the Appropriations of immigrants. Our golden door should crowded, underachieving school system Committee in the Senate and as a always be open to those who seek ref- can possibly deal with thousands of member of the Senate Budget Com- uge from oppression—‘‘those huddled new immigrant children and come even mittee—as is the distinguished Pre- masses yearning to breathe free.’’ But close to preparing them to cope with siding Officer at this moment—we do we must not turn America’s promise the competitive job market in America not have the infrastructure in place to into a hollow shell. It is well to remem- today. absorb the number of immigrants to ber that illegal immigrants don’t just We are not being intellectually hon- whom this administration is seeking to break the law when they come here. est. We are not being honest with the open our borders. They undermine the earning power of legal immigrants who are already in It would be nice, it would be good, if America’s workforce by reducing wages this country. We are not being honest we were able to solve the economic for the U.S. workforce who do not have with these people. problems of other countries and pro- high school diplomas. We are not being honest with our- vide a higher standard of living for peo- Madam President, in 1939, John selves. ple around the world—but, we cannot. Steinbeck’s epic novel, the ‘‘Grapes of We can’t assure these children an This is no longer the late 19th century Wrath,’’ was published. Its protago- adequate education, and that is the or the mid 18th century. Our resources nists, the Joad family, traveled from truth. Are we consigning these children are more limited today than they were the Midwest to California, not to make to a sort of permanent underclass when a hundred years ago. their fortunes but merely to survive as we fail to give them basic tools with The Congress already faces enormous migrant workers. Through labor which they can achieve? The truth is, challenges in stretching our ever camps, hobo jungles, and ruined farms our American infrastructure—both shrinking financial resources—and westward to California, they faced a

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.086 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9187 peculiar kind of torment—the torment viet Union. And the mutual assured de- some Senators and look at the author- and isolation of hardship and poverty struction doctrine was very troubling ization committee’s mark right now, amid plenty. Let us proceed with cau- in and of itself, but it was the only you would think these theater systems tion—I say this to my political col- thing we had. Deterrence was a way of were the same as the national missile leagues in this body, in the other body, life—and also a promise of a way of defense system. We saw reports in the and in the executive branch, and in the death in case someone decided to au- paper that the chairman had presented State legislatures, in the counties, in thorize a strike against the other. This the Armed Services Committee with a the towns and communities, cities was an agreement that was entered committee print of a military author- across this Nation—let us proceed with into at a time when each side seemed ization bill for the next fiscal year, and caution, lest we turn America’s sweet to be intent on building new and more it cuts $1.3 billion out of missile de- promise of a cornucopia to bitter sophisticated and more lethal weapons fense. This is being described in the grapes of wrath for us all, including systems targeted to military targets in newspapers, and by Senators, too, as a our legal immigrants. the other’s nation state. reduction in the amount of money that I yield the floor. I suggest the ab- But times have changed. The Soviet would be authorized for national mis- sence of a quorum. Union no longer exists. Even though sile defense. The PRESIDING OFFICER (Mr. NEL- the Clinton administration attempted When you look at the exact dollar SON of Florida). The clerk will call the to negotiate a succession agreement, it amounts in the bill—and it is not na- roll. has never been submitted to the Senate tional missile defense—approximately The legislative clerk proceeded to for ratification. The succession agree- $347 million is cut from the Navy the- call the roll. ment lists Russia, Belarus, and another ater-wide program in the chairman’s Mr. COCHRAN. Madam President, I nation state as the successor states to mark, along with $210 million for the ask unanimous consent that the order the Soviet Union. Think about that. I THAAD program and $80 million from for the quorum call be rescinded. am sure the Senate would discuss that the airborne laser program. These are The PRESIDING OFFICER. Without very carefully and probably at great not long-range missile programs. These objection, it is so ordered. length, and whether or not the Senate are not missile programs designed to Mr. COCHRAN. Madam President, I would advise and consent and permit counter intercontinental ballistic mis- ask unanimous consent that I may pro- the ratification of that treaty, to per- sile threats to our country; these are ceed as in morning business for up to 10 mit it to go into effect and have the designed to protect men and women in minutes. force and effect of law, is problem- the military service of the United The PRESIDING OFFICER. Without atical. States who are deployed all over the objection, it is so ordered. But that is just one indication of how world right now. And they are now f times have changed. The Clinton ad- under threats from the same kind of ministration continued to respect the MISSILE DEFENSE missile weapons systems that were ABM Treaty to the extent that it used by Iraq. Now they have been mod- Mr. COCHRAN. Mr. President, I will would not undertake testing of even ernized, we hear from our intelligence take a few minutes to make some ob- theater missile defense systems if the sources, and are more accurate and servations about some of the discus- Russians objected. And in the discus- more reliable and more lethal than sions I have read in recent days in var- sions with our representatives in Gene- they were in the desert war. ious news articles and have heard from va and elsewhere, talking on these sub- These programs should not be cut in Senators who have commented on jects, it became clear that this country the name of trying to restrict the these articles relating to missile de- was going to be inhibited in its testing President from using funds that the fense and the President’s efforts to dis- programs of theater missile defense Congress appropriates for national mis- cuss with Russia and other friends and systems because of provisions of the sile defense. These are intermediate- allies around the world our intentions ABM Treaty. range defensive systems, the testing with respect to the development of By now, it ought to be very clear and deployment of which were not in- missile defenses to protect the security that there are threats to our soldiers tended to be covered by the ABM Trea- interests of the United States. and sailors who are deployed around ty. And even though the Clinton ad- For some reason or other, in recent the world from these very theater mis- ministration was negotiating with the weeks there have been some misinter- sile offensive systems that we saw Iraq Russians our rights to test in devel- pretations made of comments that use in the desert war—in the war that oping these programs—to some degree have appeared in news articles. Some we helped organize and wage against at least—it is not the subject of the have suggested that the administra- them to liberate Kuwait. Twenty-eight ABM Treaty. The ABM Treaty wasn’t tion, for example, is going to abandon or twenty-nine members of a National designed to deal with these threats at the ABM Treaty or is developing plans Guard unit lost their lives in Dhahran all. and asking for funding in this year’s as a result of a Scud missile attack. So what I am suggesting is that the appropriations bills to conduct tests We cannot tolerate being inhibited Senate ought to be on early warning and do development projects for mis- and subject to the approval of another that we are seeing an effort being de- sile defense which would violate the country to test and develop and deploy veloped here—at least in the Armed provisions of the ABM Treaty. a system that would protect soldiers in Services Committee—to lay ground- It is clear from everything the Presi- that circumstance in the future. We work for restrictions on funding, for re- dent himself has said that he would have already, as a matter of fact, de- strictive language, which I understand like to replace the ABM Treaty, after veloped follow-on systems to the Pa- is also included in the chairman’s full discussions with Russian officials, triot system, which was the only thing mark, which would more closely re- allies, and friends around the world, we used to try to counter the Scud mis- strict the President and the Depart- with a new strategic framework that sile attacks. And we continue to up- ment of Defense in their effort to fully more closely reflects the facts as they grade and make progress in developing explore the use of technologies that exist now in the relationship we have systems that will offer the kind of pro- would help defend our service men and with Russia. tection against those missile attacks women when they are in harm’s way The ABM Treaty was written, as we in the future. The PAC–3 program, for around the world today. know, in 1972. It was written in an at- example, has had a succession of suc- There are some other programs that mosphere where the prevailing doc- cessful tests, using the hit-to-kill tech- are cut in this bill that I understand trine of national security was mutual nology of a defensive system. are in the chairman’s mark. One is the assured destruction where we would ac- There are other examples of theater space-based infrared system, which will tually have, as a matter of national missile programs. The Army’s High Al- provide satellites to track missiles policy, a plan to annihilate or destroy titude Air Defense Systems—the acro- after launch—$97 billion is cut from cities with innocent civilians in retal- nym is THAAD. It sounds like my that program. iation against a nuclear missile strike name is a system that offers protection So there is a pattern here of under- against the United States from the So- against missile attack. But to hear mining the entire effort to develop our

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.091 pfrm01 PsN: S06PT1 S9188 CONGRESSIONAL RECORD — SENATE September 6, 2001 defenses to the capability they need to country’s national security interests. the Armed Services Committee, and all be to fully assure the security interests This kind of provision is needless piling Senators ought to notice what is begin- of the United States. It doesn’t have on, making it more and more difficult ning as an official part of our legisla- anything to do with the ABM Treaty, for our President. I hope the Armed tive responsibility: an effort that is in my view, but that is being used as an Services Committee will look very clear to undermine the President’s excuse to hold back these programs. carefully at these provisions. leadership capacity in developing mis- The chairman’s mark cuts $350 million There are a lot of other concerns that sile defense systems that will protect from a program previously known as I have. I know there may be others who our soldiers and sailors and the secu- national missile defense, though in re- want to discuss issues on other sub- rity interests of our country. ality the number is far higher, as the jects of great national concern, but Those who say he is going to abandon administration has sought to remove they are talking about now in one the ABM Treaty need to look at what the artificial barriers between the la- other line of articles that I have seen— the President said. He is trying to re- bels ‘‘national’’ and ‘‘theater’’ missile and this was discussed in our Defense place it with a new framework, a new defense. appropriations hearing yesterday by agreement. I have suggested to some The President is talking about mis- some Senators—the fact there was a that we ought to consider having a sile defenses. We need to have an ag- quote in the paper from an administra- peace treaty as a replacement to the gressive, robust testing program so tion official saying: We were not both- ABM Treaty. We are not at war with that we can fully understand how these ered by China’s buildup, the moderniza- Russia any longer. They do not profess technologies can be harnessed to fully tion of their nuclear weapons capa- to be at war with us. The cold war is defend our country’s interests and pro- bility and whether they were going to over. When wars end, peace treaties are tect the security of our Nation. do that or not would not have any ef- signed. Let’s sign a peace treaty with The chairman’s mark even cuts funds fect on our decisions with respect to Russia. That would supplant the ABM that would be used for cooperative mis- missile defense programs. Treaty. sile defense modeling and simulation Secretary Rumsfeld made it very The ABM Treaty locks into law the with Russia. We are hearing a lot about clear at the hearing, responding to one doctrine of mutual assured destruction. trying to interact more in a positive Senator’s question, that neither he nor We do not want to destroy Russia. way with Russia. Here is an example of Secretary Powell nor Dr. Condoleezza They should not want to destroy us. So a program that would give us an oppor- Rice had made any statement of that why perpetuate that doctrine with that tunity to do that more successfully, kind, and they knew of no one in the treaty? Let’s work to develop a new and that is proposed for cutbacks in Department of Defense or the Depart- framework that more clearly defines the Armed Services Committee. ment of State or at the White House the real relationship we have with Rus- There are various legislative restric- who had said anything like that. sia now. tions, one of which will provide the De- There is no quote attributed to any That is what the President wants to fense Department’s missile activities particular individual, but yet not only do. Why can’t the Senate join with the can proceed only in accordance with the press have taken that and made President, applaud that initiative, sup- the ABM Treaty. stories out of it and repeated them, but port that effort, pass legislation to That is redundant, isn’t it? Or it sug- now Senators are repeating them as if fund the efforts to strengthen our mili- gests that the President is planning to it was a fact. The fact is, China has tary forces so we can do the job of pro- undertake something that is incon- been modernizing its military for tecting the security of this country? sistent with the treaty. He has said he years. They did not just start a new I am not going to suggest these are is not going to do that. He recognizes generation of nuclear weapons or inter- political games that are being played the treaty is an agreement that is le- continental ballistic missile tech- because I know there are serious dif- gally binding. The President has said nologies and systems after we began ferences of opinion on this and other that. improving our missile defense capabili- issues that come before the Senate. He is hoping to replace the treaty ties. China is going to make the deci- I am not questioning anybody’s mo- after negotiations with the Russians sions they make based on their own tives. I am just saying I hope Senators with a new strategic framework, but considerations of what is in their inter- will take a careful look at the facts. As everybody is pronouncing that around ests. we proceed through this process of au- here as dead on arrival. Give the Presi- I am hopeful, of course, as everyone thorization and appropriation for our dent a chance at least to discuss it in this administration and in this Con- defense needs, let’s try to work in har- fully with the Russians rather than gress, we will be able to have a stable mony and unity as much as possible so rushing over and getting some Russian and friendly relationship based on mu- we will not create any misunder- official to make some derogatory tual respect with China. Efforts are standings in Russia, in China, or statement about the process and then being made in discussions by the Sec- among potential adversaries out there, quoting it as if it is national policy in retary of State and many others with the so-called rogue states, that con- Russia. Chinese leaders in order to develop an tinue to acquire technology, that con- We should give the negotiators a understanding, trying to resolve prob- tinue to acquire systems, missiles, chance. That is what I am suggesting. lems as they develop, and we know other means of developing interconti- So writing a bill here that presumes what they are. nental ballistic missile capability. the President is going to violate the The incident with the surveillance It is a dangerous place out there, and ABM Treaty is not getting us off to a plane in the area presented its own spe- we need to be sure we are doing what good start, particularly if this sends a cial set of problems, but we worked our we can do and ought to do to protect signal to the Russians: You do not have way through that with calm and our security interests in this environ- to worry about negotiating with the thoughtful leadership and decision- ment. President of the United States in good making by the President and his Cabi- Mr. President, I yield the floor. faith because the Senate is going to net officials. f take over, the Senate is going to make The whole point of this is, we can be it impossible for the President to nego- a party to inciting the passions of DISPOSAL OF RADIOACTIVE tiate an agreement. those who worry about the capacity of WASTE We should not undermine the Presi- our country’s leadership to function to Mr. DOMENICI. Mr. President, I rise dent’s capacity to negotiate a better protect our security interests, and we to share some news with my Senate agreement that will serve our national can do more harm than good by the colleagues. And even though my sub- security interests in a more effective things we say and the way we discuss ject involves radioactive waste, I’m way and replace an outdated, outmoded these issues and the way we handle most pleased to report that this is all treaty, a cold war relic, when we could, bills that come through this Senate. good news. if we are successful under the Presi- We should take very seriously the As a Nation, we haven’t made great dent’s leadership, negotiate a better provisions that are in the chairman’s progress on disposal of radioactive agreement that more fully protects our print of this authorization bill before wastes, Yucca Mountain was supposed

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.095 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9189 to open in 1998—now it might open in Coronado, CA. A gay man was choked Airborne Division (Air Assault), a tour 2010 if it progresses at the most opti- and beaten by three men. Three Ma- that included the Division’s 7-month mistic rate. rines, David William Bell and Jeffrey deployment to Saudi Arabia for Oper- But in New Mexico, the Waste Isola- Martin Davis, both 20, and Steven ations Desert Shield and Desert Storm. tion Pilot Plant in the city of Carlsbad Louis Fair, 26, were charged with at- Upon returning from the Gulf War, opened for disposal operations in tempted murder, assault, robbery and a General Shelton was promoted to March of 1999. WIPP is the nation’s hate crime. major general and again assigned to first repository for the permanent dis- I believe that government’s first duty Fort Bragg where this time he com- posal of defense-generated radioactive is to defend its citizens, to defend them manded the 82nd Airborne Division. In waste left from the research and pro- against the harms that come out of 1993, he was again promoted—to lieu- duction of nuclear weapons. hate. The Local Law Enforcement En- tenant general—and assumed command WIPP represents the single most dra- hancement Act of 2001 is now a symbol of the XVIII Airborne Corps. matic advance this Nation has made in that can become substance. I believe In 1994, while serving as corps com- disposal of radioactive waste. In fact, that by passing this legislation, we can mander, General Shelton commanded WIPP is a showcase facility for the en- change hearts and minds as well. the Joint Task Force that conducted tire world for demonstrating that man- f Operation Uphold Democracy in Haiti. kind can safely remove complex wastes In March 1996, he was promoted to gen- from any impact on our environment. GENERAL HENRY H. SHELTON eral and became Commander in Chief WIPP accepts a particular kind of 14TH CHAIRMAN OF JOINT of the U.S. Special Operations Com- waste, transuranic or TRU waste, that CHIEFS AND A GREAT NORTH mand. is contaminated with certain elements, CAROLINIAN In his 4 years as Chairman of the especially plutonium. This type of Mr. HELMS. Mr. President, North Joint Chiefs of Staff, General Shelton waste must be handled with great care Carolina, down through history has worked tirelessly to improve the qual- to ensure safety of the public and been blessed with countless remarkable ity of life for military members and workers. WIPP represents a corner- sons and daughters, and in my judg- their families. He championed numer- stone of DOE’s national cleanup effort ment, one of the truly great has been ous initiatives including the largest dealing with the nation’s nuclear weap- General Hugh H. Shelton, the 14th across-the-board pay raise for the mili- ons complex. Today, I want to an- Chairman of the Joint Chiefs of Staff, tary in 18 years—helping to narrow the nounce that WIPP has filled their first who was confirmed by the Senate on civilian-military ‘‘pay gaps.’’ underground room to full capacity. October 1, 1997, and reconfirmed by the His push for pay table reform tar- This is no small achievement. That Senate for a second 2-year term in 1999. geted greater increases for mid-grade room now holds over 10,000 drums of In this capacity, this great son of noncommissioned officers, and his re- TRU waste. The waste arrived in 352 Eastern North Carolina served as the tirement reform package reinstated shipments from five DOE sites—Los Al- principal military advisor to the Presi- benefits for those entering service after amos, Rocky Flats, Idaho, Hanford, dent of the United States, the Sec- 1986, and, thanks to his dedication and and Savannah River. That required lots retary of Defense, and the National Se- support, an enhanced housing allow- of transportation, in fact about one- curity Council. ance was implemented gradually to third of a million miles. And even with Prior to becoming Chairman, General eliminate out of pocket expenses for so many miles, equivalent to 13 trips Shelton served as Commander in Chief service members living off post. around the earth, there were no acci- of the U.S. Special Operations Com- Chairman Shelton was a strong advo- dents or even serious incidents. For mand. cate of the effort to reform medical those who doubt that radioactive car- The General was born in Tarboro, NC, health care, to make medical care goes can be shipped safely, WIPP is in January 1942. He earned a bachelor more responsive—to include military proof that a well-engineered transpor- of science degree from North Carolina retirees over 65. He made great strides tation system can be operated to the State University and a master of to improve the readiness of the U.S. highest standards. The team at WIPP isn’t stopping to science from Auburn University. His military by articulating a regiment for celebrate this milestone. As I speak, military education includes attendance increased defense spending. As a result, they’re busily accepting more waste. at the Air Command and Staff College the Department of Defense realized a Earlierr this week, the shipment num- in Montgomery, AL, and at the Na- $112 billion increase in defense spend- ber was up to 373 and more then 11,000 tional War College at Fort McNair, ing over the 5-year defense plan to ar- drums had moved into the facility. Washington, DC. rest declining readiness rates. He addi- In closing, I personally commend the He was commissioned a second lieu- tionally implemented new processes to Department of Energy, especially the tenant in the infantry in 1963 through carefully manage high demand/low den- Carlsbad Field Office, for their careful the Reserve Officer Training Corps, and sity resources in support of the Na- attention to safe operations. The com- spent the next 24 years in a variety of tional Security Strategy. munity of Carlsbad deserves tremen- command and staff positions in the Chairman Shelton and his staff pub- dous praise for their consistent support continental United States, Hawaii, and lished Joint Vision 2020 to establish of WIPP and its critical national mis- Vietnam. He served two tours in Viet- goals and the metrics for the future sion. And both the Environmental Pro- nam—the first with the 5th Special joint force; he established the U.S. tection Agency and the New Mexico Forces Group, the second with the Joint Forces Command as the pro- Environment Department deserve com- 173rd Airborne Brigade. He also com- ponent for Joint Experimentation and pliments for their roles in oversight of manded the 3rd Battalion, 60th Infan- Joint Force readiness. He established this facility. try in the 9th Infantry Division at Fort Joint Task Force-Civil Support to in- Lewis, WA; he served as the 9th Infan- crease the military’s ability to respond f try Division’s assistant chief of staff to crises in the U.S. homeland and es- LOCAL LAW ENFORCEMENT ACT for operation. tablished Joint Task Force-Computer OF 2001 He then returned to North Carolina Network Operations to enhance protec- Mr. SMITH of Oregon. Mr. President, where he commanded the 1st Brigade of tion of U.S. information networks. I rise today to speak about hate crimes the 82nd Airborne Division at Fort The General directed numerous ini- legislation I introduced with Senator Bragg; and then served as the Chief of tiative designed to improve the inter- KENNEDY in March of this year. The Staff of the 10th Mountain Division at operability of the four Services includ- Local Law Enforcement Act of 2001 Fort Drum, NY. ing a Joint Airfighting Logistics Ini- would add new categories to current Following his selection as brigadier tiative, development of a Global Infor- hate crimes legislation sending a sig- general in 1987, General Shelton served mation Grid, revision of all Joint Pro- nal that violence of any kind is unac- 2 years in the Operations Directorate fessional Military Education programs ceptable in our society. of the Joint Staff. In 1989, he began a 2- and an enhancement on the joint I would like to describe a terrible year assignment as Assistant Division warfighting focus of the Joint Require- crime that occurred July 31, 1991 in Commander for Operations of the 101st ments Oversight Council.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.047 pfrm01 PsN: S06PT1 S9190 CONGRESSIONAL RECORD — SENATE September 6, 2001 General Shelton’s awards and decora- General Ryan is, fortunately, not an and trusted advisor to both the Presi- tions include the Defense Distinguished unsung hero as he has received many dent and the U.S. Congress, his father, Service Medal (with two oak leaf clus- decorations and medals including: the General John Ryan, also served as the ters), Distinguished Service Medal, Le- Defense Distinguished Service Medal senior uniformed Air Force officer. gion of Merit (with oak leaf cluster), with oak leaf cluster, the Distin- The Air Force is a better institution Bronze Star Medal with V device (with guished Service Medal, the Legion of today than it was four years ago. Gen- three oak leaf clusters), and the Purple Merit with two oak leaf clusters, the eral Ryan’s distinguished and faithful Heart. Distinguished Flying Cross, the Meri- service provided a significant and last- He has also been awarded the Combat torious Service Medal with two oak ing contribution to our Air Force and Infantryman Badge, Joint Chiefs of leaf clusters, the Air Medal with 11 oak to our Nation’s security. He has served Staff Identification Badge, Master Par- leaf clusters, the Air Force Commenda- our Nation with honor and distinction. achutist Badge, Pathfinder Badge, Air tion Medal with two oak leaf clusters I know the Members of the Senate will Assault Badge, Military Freefall and the Vietnam Service Medal with join me in paying tribute to this out- Badge, and Special Forces and Ranger three service stars. standing American patriot upon his re- Tabs and numerous foreign awards and After serving as the commander of tirement from the Air Force. We thank badges. U.S. Air Forces in Europe and com- him and wish him and his family much Mrs. Shelton is the former Carolyn L. mander, Allied Air Forces Central Eu- health, happiness and Godspeed. Johnson of Speed, NC, who was young rope, General Ryan ‘‘took the stick’’ of f Hugh Shelton’s high school sweetheart. the Air Force as its 16th Chief of Staff. As Mrs. Hugh H. Shelton, she has been During his tenure, he has exemplified THE VERY BAD DEBT BOXSCORE actively involved with service issues the quiet dignity and honor of that of- Mr. HELMS. Mr. President, at the and support to military families fice through his leadership, integrity close of business yesterday, Wednes- throughout General Shelton’s career. and foresight. A true leader who under- day, September 5, 2001, the Federal The General and Mrs. Shelton have stood that his role was to set the debt stood at $5,769,122,055,290.29, five three sons: Jonathan, a special agent course for our 21st Century Air Force trillion, seven hundred sixty-nine bil- in the U.S. Secret Service; Jeffrey, a and then clear the path to allow his lion, one hundred twenty-two million, U.S. Army Special Operations soldier, commanders to truly lead their units, fifty-five thousand, two hundred ninety and Mark, their youngest son. General Ryan personifies once said: ‘‘I dollars and twenty-nine cents. Mr. President, Dot Helms and I are don’t think leadership should be per- One year ago, September 5, 2000, the proud to have General Shelton and sonalized. Good ideas are best when Federal debt stood at Carolyn as our very special friends— they don’t have a single identity. Lead- $5,678,475,470,839.16, five trillion, six and to be theirs. The General has rep- ership is a team effort.’’ hundred seventy-eight billion, four resented the U.S. military with great This is a lesson those of us here in hundred seventy-five million, four hun- distinction for the past four years as Congress would be wise to learn! dred seventy thousand, eight hundred its senior military officer. Meanwhile, General Ryan’s accom- thirty-nine dollars and sixteen cents. This splendid North Carolinian has plishments are critical and easily Five years ago, September 5, 1996, the participated in policy-making at the quantifiable. He and his leadership Federal debt stood at highest levels of Government but he team successfully arrested the Air $5,225,564,391,083.90, five trillion, two never lost the common tough with our Force’s readiness decline of the last hundred twenty-five billion, five hun- men and women in uniform. He will be decade, and built stability into the ex- dred sixty-four million, three hundred remembered as a soldier’s soldier and a peditionary operations our nation de- ninety-one thousand, eight-three dol- quiet professional, along with his love- mands by reorganizing the service. At lars and ninety cents. ly wife and three sons. the same time though, General Ryan Ten years ago, September 5, 1991, the f ensured that despite the Air Force Federal debt stood at $3,623,548,000,000, being an all-volunteer force competing three trillion, six hundred twenty- RETIREMENT OF GENERAL in a strong job market, its retention three billion, five hundred forty-eight MICHAEL E. RYAN and recruiting efforts never sacrificed million. Mrs. HUTCHISON. Mr. President, I quality for quantity. He also led the ef- Fifteen years ago, September 5, 1986, rise today to honor General Michael E. fort to provide lifetime health care to the Federal debt stood at Ryan, the Chief of Staff of the United our men and women who willingly put $2,112,803,000,000, two trillion, one hun- States Air Force. General Ryan is a their lives at risk, as well as a retire- dred twelve billion, eight hundred great American and, more important, ment system that properly com- three million, which reflects a debt in- and I’m sure no surprise to my col- pensates their service to country. crease of more than $3 trillion, leagues, he is a fellow Texan. General In a period of leadership challenges $3,656,319,055,290.29, Three trillion, six Ryan has long been a tribute to Texas, and chaos, General Ryan led our Air hundred fifty-six billion, three hundred the Nation, and especially to the Air Force, balancing reductions in forces nineteen million, fifty-five thousand, Force. with dramatically increased oper- two hundred ninety dollars and twen- General Ryan graduated from the Air ational tasking. Without question, the ty-nine cents during the past 15 years. Force Academy in 1965, and during his U.S. Air Force is the world’s premier Mr. REID. Mr. President, I suggest 36 years of service he commanded at force and our country owes a debt of the absence of a quorum. the squadron, wing, numbered air force gratitude to Mike Ryan. The PRESIDING OFFICER. The and major command levels, and accu- At the same time, we owe a debt of clerk will call the roll. The assistant mulated more than 4,100 flying hours in gratitude to the person General Ryan legislative clerk proceeded to call the seven different aircraft with 153 com- owes much of his success—his wife, roll. bat missions. He flew combat in South- Jane Ryan. With dignity and grace she Mr. REID. Mr. President, I ask unan- east Asia, including 100 missions over selflessly gave her time and attention imous consent the order for the North Vietnam, and he served in key to the men and women of the Air Force quorum call be rescinded. staff assignments at the major com- family. Her sacrifice and devotion have The PRESIDING OFFICER. Without mand level, at Headquarters U.S. Air served as an example and inspiration objection, it is so ordered. Force and the Joint Staff. As com- for others. The Air Force will lose not f mander of 16th Air Force and Allied one, but two very exceptional people. Air Forces Southern Europe in Italy, In fact, General Ryan’s departure SECTION 245(i) EXTENSION ACT OF he directed the NATO air combat oper- from active duty will signal an historic 2001 ations in Bosnia-Herzegovina. We owe occurrence for the first time in 63 Mr. REID. Mr. President, I ask unan- him a huge debt of thanks for just this years, there will no longer be a Ryan in imous consent that the Senate now duty alone as his leadership directly the ranks of the United States Air turn to the consideration of calendar contributed to the Dayton Peace Ac- Force. While General Ryan distin- No. 73, H.R. 1885, the 245(i) family unifi- cords. guished himself as an airmen, leader, cation bill; that the bill be amended

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.049 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9191 with a substitute amendment, which is their growing family. Norma and her months—to enable persons who are eli- a modified text of S. 778 as reported by husband are torn on what to do about gible for green cards to adjust their the Judiciary Committee, which I send her immigration status. As the wife of status in the United States, rather to the desk on behalf of Senator LOTT; a citizen, she qualifies for an immi- than have to return to their country of that the amendment be agreed to, the grant visa. However, if she returns to origin to do so. Clearly this new dead- bill be read a third time and passed, Mexico to obtain her visa, she would be line has proved to be inadequate. The the motion to reconsider be laid upon barred from re-entering the U.S. for 10 short extension created an over- the table, and that any statements years. Norma doesn’t want to leave her whelming demand for information and thereon be printed in the RECORD. husband, her children, or her home for services, and many qualified persons The PRESIDING OFFICER. Is there 10 years—and she shouldn’t have to. did not have enough time to file their objection? This action allows Norma’s family— petitions. Without objection, it is so ordered. and hundreds of thousands of other To address this urgent problem, Sen- Amendment No. 1532 was agreed to, families—to stay together. S. 778, in- ator HAGEL and I introduced new legis- as follows: troduced by Senators HAGEL and KEN- lation on April 26, a few days before the AMENDMENT NO. 1532 NEDY, extends the period of time for el- April 30 deadline. Congress should have Strike all after the enacting clause and in- igible people to file their petitions for acted long before now to extend the sert the following: relief with the Immigration and Natu- deadline, but all of us who support an SECTION 1. SHORT TITLE. ralization Service and the Department extension are pleased that the Senate This Act may be cited as the ‘‘Section of Labor for one year. is finally acting on this bill. I know 245(i) Extension Act of 2001’’. By doing that, S. 778 would provide many of my colleagues on both sides of SEC. 2 EXTENSION OF DEADLINE. real and immediate relief for hundreds the aisle share my desire to move this (a) IN GENERAL.—Section 245(i)(1) of the of thousands of eligible immigrants. bill quickly because it affects so many Immigration and Nationality Act (8 U.S.C. With 30 Republican and Democratic people. It is a humanitarian measure 1255(i)(1)) is amended— cosponsors, this bill enjoyed broad bi- that has strong bipartisan support. It (1) in subparagraph (B)— partisan support: also has the support of the President. (A) in clause (i), by striking ‘‘on or before It passed out of the Senate Judiciary This bill will provide real and imme- April 20, 2001; or’’ and inserting ‘‘on or before diate relief to hundreds of thousands of the earlier of April 30, 2002, and the date that Committee mark up by a unanimous is 120 days after the date on which the Attor- voice vote. immigrants. INS data show that ap- ney General first promulgates final or in- To satisfy critics, Senators HAGEL proximately 75 percent of the immi- terim final regulations to carry out the Sec- and KENNEDY compromised by accept- grants who apply for this relief are the tion 245(i) Extension Act of 2001; or’’; and ing language that immigrants applying spouses and children of U.S. citizens (B) in clause (ii), by striking ‘‘on or before under the new 245(i) extension must and permanent residents. These are such date; and’’ and inserting ‘‘on or before show that their family or employment families who have made lasting con- the earlier date described in clause (i);’’; relationship existed prior to the enact- tributions to our communities and con- (2) in subparagraph (C), by adding ‘‘and’’ at tributed to the economic vitality of the end; and ment of the bill. (3) by inserting after subparagraph (C) the I have talked to the President about our nation. This bill does not propose following: this issue on more than one occasion, substantial new relief, but only a con- ‘‘(D) who, in the case of a beneficiary of a and I raised it again with him this tinuation of the prior relief. Last petition for classification, or an application week at the White House. He assured year’s temporary extension to April 30, for labor certification, described in subpara- me he shares my concern that we need 2001 was designed to benefit immi- graph (B) that was filed after April 30, 2001, to take action on this important pri- grants who were in the country by De- demonstrates that the familial relationship ority. cember 21, 2000. This bill will extend existed before August 15, 2001, or the applica- Since April 30th of this year, when the deadline to provide this group of tion for labor certification that is the basis of such petition for classification was filed Section 245(i) last expired, immigrants immigrants with more time to file before August 15, 2001;’’. have been waiting in limbo. their petitions. (b) EFFECTIVE DATE.—The amendments INS statistics show that approxi- I know that some of my colleagues made by subsection (a) shall take effect as if mately seventy-five percent of the im- support the extension, but had con- included in the enactment of the Legal Im- migrants who apply for 245(i) relief are cerns with our bill. We worked with migration Family Equity Act (114 Stat. the spouses and children of U.S. citi- them to develop an acceptable com- 2762A–345), as enacted into law by section zens and permanent residents. promise. Our bill, with an amendment 1(a)(2) of Public Law 106–553. Eight out of 10 legal immigrants offered by Senator KYL reflects our The bill (H.R. 1885), as amended, was come to the United States to join a compromise. This compromise requires read the third time and passed. family member. What message are we immigrants benefitting from the exten- Mr. DASCHLE. Mr. President, I am sending if our policies pry families sion to show that their family or em- so pleased tonight we were able to pass apart? ployment relationship existed on or be- a measure that honors our heritage as President Vicente Fox’s historic visit fore August 15, 2001. They will have a nation of immigrants, and provides has helped to focus attention on the until April 30, 2002 or 4 months from American and immigrant families need to re-craft our immigration poli- the issuance of regulations to file their some relief from our outdated immi- cies in ways that better reflect our applications with the INS. gration laws. core values of family unity, funda- Some critics are concerned about Today, immigrants who don’t have mental fairness and economic oppor- fraudulent marriages. But the INS, and the proper documentation to stay in tunity. not Congress, is in the best position to the United States, but do have the Passing the Section 245(i) Extension determine whether a case is fraudulent. legal right to become permanent resi- Act of 2001 sends a clear message that The INS closely scrutinizes applica- dents because they are the spouses of we are truly committed to providing tions based on recent marriages. Under US citizens can be stuck in a horrible real immigration reform. the current law, the INS conducts ex- catch-22 situation. If they return to The Senate has taken the first step. I tensive interviews before deciding their home country to get the immi- hope the House will soon follow. Let’s these cases, often separately ques- grant visa to which they are entitled, put this bill on President Bush’s desk, tioning the couples. Anyone who has they can be barred from re-entering the and let’s do it this week. Norma’s fam- been married less than 2 years when United States for up to 10 years. ily, and thousands of families just like their application is approved is re- Take the example of a woman named hers, are looking to us. Let’s not let quired to attend a second INS inter- Norma. Norma entered the U.S. from them down. view 2 years later, in which INS again Mexico, and settled in North Carolina. Mr. KENNEDY. Mr. President, last reviews the case to determine whether She then married a U.S. citizen. They year’s Legal Immigration Family Eq- there is a bona fide marriage. Only have been married over two years, have uity Act extended the deadline under after the second interview will a re- a child, are expecting another this fall, section 245(i) of the immigration laws cently married immigrant receive a and recently bought a new home for to April 30, 2001—a window of just 4 permanent green card.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.103 pfrm01 PsN: S06PT1 S9192 CONGRESSIONAL RECORD — SENATE September 6, 2001 In INS determines that an individual There are at least three good reasons There being no objection, the Senate has committed marriage fraud, that to extend 245(i). First, it allows fami- proceeded to consider the resolution. person is permanently barred from re- lies to stay together in the United Mr. REID. Mr. President, I ask unan- ceiving a green card and can be crimi- States instead of forcing family mem- imous consent that the resolution and nally prosecuted. Many of us feel that bers to return to their native countries preamble be agreed to en bloc, the mo- this new restriction is unnecessary, to apply for their green cards. Second, tion to reconsider be laid upon the and will lead to needless confusion, because immigrants can also qualify to table, and that any statements relating delay and hardship. But in the spirit of become legal permanent residents thereto be printed in the RECORD, with compromise, we accepted this amend- based on an employment relationship, no intervening action or debate. ment. extending 245(i) will allow businesses to The PRESIDING OFFICER. Is there I am pleased that we are moving this retain vital employees. Third, because objection? bill forward, as this legislation will immigrants have to pay a $1000 fee to Without objection, it is so ordered. keep immigrant families together. We apply under 245(i), this program raises The resolution (S. Res. 126) was cannot continue to delay; otherwise, millions of dollars for the Federal agreed to. the purpose of this legislation—to pre- treasury. The preamble was agreed to. vent the separation of immigrant fami- Senators KENNEDY and HAGEL deserve The resolution, with its preamble, lies—will be defeated. This measure is great credit for their sponsorship of reads as follows: of critical importance to Mexican and support for this bill. I am pleased S. RES. 126 President Vicente Fox, who is in Wash- that the Senate has approved this bi- Whereas the Olympic Games are a unique ington for an historic visit. Our two partisan bill to keep families together, opportunity for international cooperation countries are negotiating important and I urge the House to follow the Sen- and the promotion of international under- immigration policies which will pro- ate’s lead. standing; foundly affect and benefit our peoples Mr. REID. Mr. President, let me Whereas the Olympic Games bring to- and our economies. Extension of sec- briefly say that this is extremely im- gether embattled rivals in an arena of peace- tion 245(i) is an immediate and impor- portant. With President Fox in the ful competition; tant first step in these negotiations. Whereas the Olympic Ideal is to serve country, this sends a message to him peace, friendship, and international under- Finally, if we are truly to live up to that we really are trying to work to- our history and heritage as a nation of standing; ward making things easier in relations Whereas participants in the ancient Olym- immigrants, we must also address the between the United States and Mexico. pic Games, as early as 776 B.C., observed an pressing needs of uniting other families But this has wide application to places ‘‘Olympic Truce’’ whereby all warring par- separated by our current immigration other than Mexico. It is important leg- ties ceased hostilities and laid down their laws, and meeting the needs of our islation. It is something we worked on weapons for the duration of the games and labor market. I look forward to work- very hard. We almost got it done to- during the period of travel for athletes to and from the games; ing with my colleagues to meet these ward the end of last year. It is now great challenges, and am pleased that Whereas war extracts a terrible price from completed. the civilian populations that suffer under it, the Senate has approved this bill as a We hope the House will expeditiously downpayment on the reforms that are and truces during war allow for the provision move forward on this matter. The of humanitarian assistance to those suf- so long overdue. chairman of the House Judiciary Com- fering populations; Mr. LEAHY. Mr. President, this leg- mittee has been involved in this, Rep- Whereas truces may lead to a longer ces- islation accomplishes a goal supported resentative SENSENBRENNER. We are sation of hostilities and, ultimately, a nego- by President Bush and a bipartisan co- grateful for everyone’s cooperation. tiated settlement and end to conflict; alition of Senators—making it easier Whereas the Olympics can and should be for people who are eligible to become f used as a tool for international public diplo- legal permanent residents to apply for UNANIMOUS CONSENT macy, rapprochement, and building a better their green cards without leaving the AGREEMENT—H.R. 2500 world; United States. There could not be a Whereas terrorist organizations have used Mr. REID. Mr. President, I ask unan- the Olympics not to promote international more opportune time to pass this bill imous consent that on Monday, Sep- understanding but to perpetrate cowardly than during the visit of President tember 10, at 12 noon, the Senate pro- acts against innocent participants and spec- Vicente Fox to our nation, and I ap- ceed to the consideration of calendar tators; plaud the Majority Leader for making No. 96, H.R. 2500, the Departments of Whereas, since 1992, the International passage today possible. I hope that the Commerce, Justice, and State appro- Olympic Committee has urged the inter- approval of this bill serves as a signal priations bill; that once the bill is re- national community to observe the Olympic of the Congress’ willingness to work Truce; ported, the majority manager or his Whereas the International Olympic Com- with the Mexican Government to designee be recognized to offer the text achieve our common goals, and to mittee and the Government of Greece estab- of the Senate committee reported bill lished the International Olympic Truce Cen- maintain fair immigration policies. as a substitute amendment, and that ter in July 2000, and that Center seeks to up- I was pleased to schedule this bill for the amendment be considered agreed to hold the observance of the Olympic Truce a markup as soon as I became Chair- as original text for the purpose of fur- and calls for all hostilities to cease during man of the Judiciary Committee. Al- ther amendments, provided that no the Olympic Games; and though I would have preferred that the points of order be waived by this agree- Whereas the United Nations General As- Committee report the bill as it was in- sembly, with the strong support of the ment. United States, has three times called for troduced, I am glad that a compromise The PRESIDING OFFICER. Is there was reached that allowed the bill to re- member states to observe the Olympic objection? Truce, most recently for the XXVII Olym- ceive the Committee’s support and Without objection, it is so ordered. make it to the floor of the Senate. piad in Sydney, Australia: Now, therefore, be f it This bill extends section 245(i) of the Resolved, Immigration and Nationality Act, OBSERVANCE OF THE OLYMPIC SECTION 1. SENSE OF THE SENATE WITH RE- which expired on April 30, 2001. Section TRUCE SPECT TO THE OLYMPIC TRUCE. 245(i) allows foreign-born people who Mr. REID. Mr. President, I ask unan- (a) COMMENDATION OF THE IOC AND THE are present in the United States and el- imous consent that the Senate proceed GOVERNMENT OF GREECE.—The Senate com- igible for legal permanent residency to to the immediate consideration of cal- mends the efforts of the International Olym- apply for that status from within the endar No. 112, S. Res. 126. pic Committee and the Government of country instead of having to return to The PRESIDING OFFICER. The Greece to urge the international community their nation of origin to apply. We re- to observe the Olympic Truce. clerk will report the resolution by (b) SENSE OF THE SENATE.—It is the sense authorized section 245(i) last year, but title. of the Senate that— only for a four-month period. Many eli- The legislative clerk read as follows: (1) the United States Government should gible immigrants were unable to find A bill (S. Res. 126) expressing the sense of join efforts to use the Olympic Truce as an attorneys and submit applications dur- the Senate regarding observance of the instrument to promote peace and reconcili- ing that brief period. Olympic Truce. ation in areas of conflict; and

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.054 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9193 (2) the President should continue efforts to search organization established by the countless numbers of those whose lives work with Greece— United States Congress in 1960 largely have been affected by addiction. With (A) in its preparations for a successful through the efforts of the Eisenhower admin- treatment and support, people can re- XXVIII Olympiad in Greece in 2004; and istration and the Congress; cover from alcohol addiction, and (B) to uphold and extend the spirit of the Whereas it is the mission of the East-West Olympic Truce during the XXVIII Olympiad. Center to strengthen understanding and rela- make positive contributions to their SEC. 2. TRANSMITTAL OF RESOLUTION. tions between the United States and the families, workplaces, communities, The Secretary of the Senate shall transmit countries of the Asia Pacific region and to state and nation. Through the support a copy of this resolution to the President help promote the establishment of a stable, offered by Al-Anon and Alateen, fami- with the request that he further transmit peaceful and prosperous Asia Pacific commu- lies and friends of those with addiction such copy to the International Olympic Com- nity in which the United States is a natural, illnesses can find the support they need mittee and the Government of Greece. valued, and leading partner; and in their lives as well. Whereas it is the agenda of this meeting to With gratitude and respect for the f advance democracy, peace, and prosperity in work they do, I offer my congratula- TENTH ANNUAL MEETING OF THE the Asia Pacific region: Now, therefore be it Resolved by the Senate (the House of Rep- tions to Al-Anon Family Groups on ASIA PACIFIC PARLIAMENTARY their 50th anniversary.∑ FORUM resentatives concurring), That the Congress— (1) expresses support for the tenth annual f Mr. REID. Mr. President, I ask unan- meeting of the Asia Pacific Parliamentary imous consent that the Senate proceed Forum and for the ideals and concerns of TRIBUTE TO OVARIAN CANCER to the immediate consideration of cal- this body; NATIONAL ALLIANCE endar No. 113, S. Con. Res. 58. (2) commends the East-West Center for ∑ Mr. SMITH of New Hampshire. Mr. The PRESIDING OFFICER. The hosting the meeting of the Asia Pacific Par- President, I rise today to pay tribute clerk will report the concurrent resolu- liamentary Forum and the representatives of the 27 member countries; and to the Ovarian Cancer National Alli- tion by title. (3) calls upon all parties to support the en- ance of Washington, D.C. during Ovar- The legislative clerk read as follows: deavors of the Asia Pacific Parliamentary ian Cancer Awareness Month of Sep- A concurrent resolution (S. Con. Res. 58) Forum and to work toward achieving the tember. The Alliance has been instru- expressing support for the tenth annual goals of the meeting. mental in implementing a three phase meeting of the Asia Pacific Parliamentary f public education program targeting Forum. key constituencies to deliver crucial There being no objection, the Senate ADDITIONAL STATEMENTS information about ovarian cancer. proceeded to consider the concurrent The information provided to the pub- resolution. lic about ovarian cancer has allowed Mr. REID. Mr. President, I ask unan- 50TH ANNIVERSARY OF AL-ANON FAMILY GROUPS the Alliance to successfully develop imous consent that the concurrent res- the tools, strategies and relationships olution and preamble be agreed to en ∑ Mr. WELLSTONE. Mr. President, necessary to educate women about the bloc, the motion to reconsider be laid today I congratulate Al-Anon Family symptoms, risks and treatment of upon the table, and that any state- Groups on their 50th anniversary and ovarian cancer. ments relating thereto be printed in to acknowledge their contributions to The main thrust of the education the RECORD, with no intervening action many individuals, families and commu- program was the development of a pilot or debate. nities who come together to support awareness program in the Washington, The PRESIDING OFFICER. Is there those in recovery from alcohol addic- D.C., metropolitan area. Working objection? tion. The Al-Anon Family Groups have closely with the Ovarian Cancer Coali- Without objection, it is so ordered. been a source of help and hope for fami- tion of Greater Washington, the Alli- The concurrent resolution (S. Con. lies and friends of alcoholics for 50 ance trained more than 30 volunteers Res. 58) was agreed to. years in communities throughout the to go into the community to give edu- The preamble was agreed to. United States and worldwide. Although cational presentations and partnered The concurrent resolution, with its Al-Anon, and its group for younger with area gynecologic and oncology preamble, reads as follows: members, Alateen, have their roots in physicians and nurses to do similar Whereas the Asia Pacific Parliamentary the United States, there are now over presentations in the medical commu- Forum was founded by former Japanese 26,000 Al-Anon and Alateen groups nity. Prime Minister Yasuhiro Nakasone in 1993; around the world in 115 countries. Whereas the Tokyo Declaration, signed by The combined aspects of the program 59 parliamentarians from 15 countries, en- The theme for the September 2001 have reached several hundred tered into force as the founding charter of National Alcohol and Drug Addiction healthcare professionals and tens of the forum on January 14 and 15, 1993, estab- Recovery Month is ‘‘We Recover To- thousand of women. The pilot program lishing the basic structure of the forum as an gether: Family, Friends and Commu- has made a marked impact in raising interparliamentary organization; nity,’’ with its clear message that we ovarian cancer awareness in the Wash- Whereas the original 15 members, one of need to work together to promote ington, D.C. area. which was the United States, have increased treatment for alcohol and drug addic- The Alliance has begun to identify to 27 member countries; tion throughout our country. The Al- Whereas the forum serves to promote re- other communities around the country gional identification and cooperation Anon Family Groups is an outstanding in which it will conduct similar edu- through discussion of matters of common example of how a community can sup- cational campaigns to heighten aware- concern to all member states and serves, to port the families, friends and commu- ness of ovarian cancer. a great extent, as the legislative arm of the nities of those who are in recovery I commend the Ovarian Cancer Na- Asia-Pacific Economic Cooperation; from addiction. tional Alliance for its selfless dedica- Whereas the focus of the forum lies in re- Scientific research has shown us the tion to the education of women con- solving political, economic, environmental, devastation that alcohol addiction can cerning ovarian cancer and applaud the security, law and order, human rights, edu- have on the brain and the biological cation, and cultural issues; efforts to reach thousands of women in Whereas the forum will hold its tenth an- systems of the body. But addiction can our country with life saving informa- nual meeting on January 6 through 9, 2002, also damage souls, relationships, fami- tion. It is truly an honor and a privi- which will be the first meeting of the forum lies and communities. Effective treat- lege to represent you in the United hosted by the United States; ments can help those with addiction States Senate.∑ Whereas approximately 270 parliamentar- illnesses, but it is through the support f ians from 27 countries in the Asia Pacific re- of groups like Al-Anon that commu- gion will attend this meeting; nities and families can join together to COMMENDING THE SERVICE OF Whereas the Secretariat of the meeting make recovery work well for everyone GENERAL THOMAS P. KANE will be the Center for Cultural and Technical ∑ Exchange Between East and West in Hono- who is affected. Mrs. BOXER. Mr. President, I take lulu, Hawaii; I urge my colleagues to join me in this opportunity to bring to the Sen- Whereas the East-West Center is an inter- recognizing Al-Anon Family Groups for ate’s attention the exemplary career nationally recognized education and re- the work they have done to help the and service of General Thomas Kane,

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.050 pfrm01 PsN: S06PT1 S9194 CONGRESSIONAL RECORD — SENATE September 6, 2001 Commander of the 60th Air Mobility ciation reports that over 60 percent of media personality in our State through Wing at Travis Air Force Base in Cali- the top American restaurants now his market reports on radio and tele- fornia. mention organic ingredients on their vision. Nobody knows rural America, General Kane is leaving Travis to ac- menus. Alice worked to pass the Fed- and nobody knows South Dakota agri- cept an assignment with NATO on Sep- eral organic food law and has helped culture better than Jim Woster. tember 12, 2001. When he arrived in So- define new U.S. Department of Agri- Jim has always exhibited a strong lano County almost 2 years ago, he culture guidelines for school lunches. commitment to public service. brought with him a sense of honor, pur- Alice has written and co-authored Throughout his career, he has devoted pose and teamwork that not only reso- many cookbooks, which provide more an enormous amount of time and en- nated on the base itself but throughout than recipes. They have helped to ergy to worthy causes such as the the surrounding community. I am not spread her philosophy of food into American Cancer Society, the Arthritis the only one who will miss his spirit, American home kitchens. She has Foundation, and the Make-A-Wish good nature and strength of character. founded gardening projects at the San Foundation. All this while serving our General Kane is a career Air Force Francisco jail and the Edible School- Nation for eight years as a member of officer. He graduated from the Air yard at Berkeley’s Martin Luther King the South Dakota National Guard. Force Academy in 1974 and has earned Jr. Middle School, where she estab- The great honor to be bestowed on numerous advanced degrees since. A lished a curriculum that brings organic Mr. Woster is exceptionally well de- pilot and highly decorated officer, he gardening into classes and where the served, as he has contributed so much has served in many capacities and in results of the children’s gardening are to our State while at the same time many locations over the course of his used in the school’s lunch program. serving as a model for other talented time in the Armed Forces including The students who participate not only South Dakotans to emulate. I join my Portugal and Korea. Advancing stead- learn valuable skills but also coopera- fellow South Dakotans on extending ily, he was promoted to Brigadier Gen- tion and responsibility. congratulations and a ‘‘job well done’’ eral on September 1, 2000. Alice believes that as Americans to Jim Woster.∑ I had the pleasure of meeting General change their thinking about food, f Kane in person once at my office in America will change for the better. Washington, DC. To me, the most Alice has said about our children that MESSAGE FROM THE HOUSE striking thing about him is how much ‘‘Most families in this country don’t At 12:29 p.m., a message from the he cares about the men and women in even eat one meal a day with each House of Representatives, delivered by his command. This impressed me very other. So how are we going to pass on Ms. Niland, one of its reading clerks, much. In my opinion, this attitude is our values to them if we don’t eat with announced that the House has passed more than an approach to leadership; it them?’’ the following bills, in which it requests is the very essence of leadership. While Chez Panisse has been graced the concurrence of the Senate: General Kane often likes to mention with many talented people over the H.R. 1866. An act to amend title 35, United that if he ever leaves the Air Force he years, the one constant has been Alice. States Code, to clarify the basis for granting would like to be a baseball coach. I am She has poured her life into Chez requests for reexamination of patents. not sure if America needs more base- Panisse and into what it represents, H.R. 1886. An act to amend title 35, United States Code, to provide for appeals by third ball coaches, but I do know that we and we are all the richer for it. parties in certain patent reexamination pro- very much need dedicated people lead- I am proud to know Alice and I wish ceedings. ing our military. General Kane is just her, her good works for our community H.R. 2048. An act to require a report on the such an officer. He is a credit to his and nation, and Chez Panisse another operations of the State Justice Institute. uniform and his country. I wish him, 30 years of continued success.∑ H.R. 2277. An act to provide for work au- thorization for nonimmigrant spouses of his wife Renee and their family the f very best.∑ treaty traders and treaty investors. RECOGNIZING JIM WOSTER FOR H.R. 2278. An act to provide for work au- f HIS SERVICE TO SOUTH DAKOTA thorization for nonimmigrant spouses of TRIBUTE TO ALICE WATERS ∑ intracompany transferees, and to reduce the Mr. JOHNSON. Mr. President, I rise period of time during which certain ∑ Mrs. BOXER. Mr. President, today I today to recognize a friend and an ex- inntracompany transferees have to be con- pay tribute to an extraordinary Amer- traordinary South Dakotan who is tinuously employed before applying for ad- ican and Californian, Alice Waters, who about to be inducted into the South mission to the United States. has revolutionized our approach to food Dakota Hall of Fame on Saturday, Sep- H.R. 2291. An act to extend the authoriza- and the way we eat. tember 8th. I am very pleased that Mr. tion of Drug-Free Communities Support Pro- I congratulate her and her flagship Jim Woster, of Sioux Falls, SD has gram for an additional 5 years, to authorize been selected for this very prestigious a National Community Antidrug Coalition restaurant, Chez Panisse, for reaching Institute, and for other purposes. the milestone of being in business for honor. I am sure this is also a great H.R. 2510. An act to extend the expiration 30 years. While sustaining a successful honor for Jim’s wife, Penny, their date of the Defense Production Act of 1950, restaurant for all of these years is sig- three children, Jim, Sara, and and for other purposes. nificant, Alice’s broader contribution Michelle, and their new granddaughter, The message also announced that the to our culture in the past decades is Tessa. Jim’s contributions to our State House has agreed to the following reso- unparalleled. have been many, but he has, in par- lution: While I have known and admired ticular, been an absolute champion for H. Res. 234. Resolution stating that the Alice for many years, I am astonished the interests of agriculture and South House has heard with profound sorrow of the when I consider the effect she has had Dakota’s rural communities. death of the Honorable Floyd Spence, a Rep- on our country. Alice has cultivated After growing up on a ranch near Re- resentative from the State of South Caro- programs and integrated food and gar- liance, SD, Mr. Woster graduated from lina. dening into imaginative projects as South Dakota State University with a f ways of fostering love, growth, respon- degree in animal science. As a young MEASURES REFERRED sibility and respect of life and work. man, Jim began to compile an incred- Alice’s disciples and her philosophy ibly impressive list of accomplish- The following bills were read the first of fresh, local and natural, have spread ments in all aspects of South Dakota and the second times by unanimous throughout our land. A remarkable agriculture. Jim’s experiences range consent, and referred as indicated: number of protegees have opened their from working in the cattle alley at the H.R. 1866. An act to amend title 35, United own path-breaking restaurants and Sioux Falls Stockyards to conducting States Code, to clarify the basis for granting have become culinary artists them- important ruminant nutrition re- requests for reexamination of patents; to the Committee on the Judiciary. selves. But her influence goes far be- search. Jim has been involved in con- H.R. 1886. An act to amend title 35, United yond the kitchen. Due to the leader- signment sales of livestock at sale States Code, to provide for appeals by third ship of Alice and her restaurant, Chez barns throughout the State, and be- parties in certain patent reexamination pro- Panisse, the National Restaurant Asso- came a highly respected and beloved ceedings; to the Committee on the Judiciary.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.046 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9195 H.R. 2048. An act to require a report on the EC–3587. A communication from the Gen- security index. 240.a55–2: Indexes underlying operations of the State Justice Institute; to eral Counsel for the National Science Foun- futures contracts trading for fewer than 30 the Committee on the Judiciary. dation, transmitting, pursuant to law, the days. 240.3a55–3: Futures contracts on secu- H.R. 2510. An act to extend the expiration report of a rule entitled ‘‘Non-Governmental rity indexes trading on or subject to the date of the Defense Production Act of 1950, Antarctic Expeditions’’ (RIN3145–AA36) re- rules of a foreign board of trade.’’ (RIN3235– and for other purposes; to the Committee on ceived on August 15, 2001; to the Committee AI13) received on August 20, 2001; to the Com- Banking, Housing, and Urban Affairs. on Health, Education, Labor, and Pensions. mittee on Banking, Housing, and Urban Af- f EC–3588. A communication from the Assist- fairs. ant Secretary for Land and Minerals Man- EC–3599. A communication from the Coun- MEASURES PLACED ON THE agement, Department of the Interior, trans- sel for Regulations, Government National CALENDAR mitting, pursuant to law, the report of a rule Mortgage Association, Department of Hous- The following bill was read the sec- entitled ‘‘Solid Minerals Reporting Require- ing and Urban Development, transmitting, ond time, and placed on the calendar. ments’’ received on August 17, 2001; to the pursuant to law, the report of a rule entitled Committee on Energy and Natural Re- ‘‘Government National Mortgage Associa- H.R. 2563. An act to amend the Public sources. tion Mortgage-Backed Securities Program- Health Service Act, the Employee Retire- EC–3589. A communication from the Assist- Payments to Security Holders; Book-Entry ment Income Security Act of 1974, and the ant Secretary for Fish and Wildlife and Procedures’’ (RIN2503–AA16) received on Au- Internal Revenue Code of 1986 to protect con- Parks, Fish and Wildlife Service, Depart- gust 22, 2001; to the Committee on Banking, sumers in managed care plans and other ment of the Interior, transmitting, pursuant Housing, and Urban Affairs. health coverage. to law, the report of a rule entitled ‘‘2001– EC–3600. A communication from the Chair- f 2002 Refuge-Specific Hunting and Sport Fish- man and President of the Export-Import ing Regulations’’ (RIN1018–AG58) received on Bank of the United States, transmitting, EXECUTIVE AND OTHER August 22, 2001; to the Committee on Energy pursuant to law, a report of a transaction in- COMMUNICATIONS and Natural Resources. volving U.S. exports to Austria; to the Com- The following communications were EC–3590. A communication from the Reg- mittee on Banking, Housing, and Urban Af- laid before the Senate, together with ister of Copyrights, Library of Congress, fairs. accompanying papers, reports, and doc- transmitting, pursuant to law, a report enti- EC–3601. A communication from the Chair- tled ‘‘DMCA Section 104 Report’’; to the man and President of the Export-Import uments, which were referred as indi- Committee on the Judiciary. Bank of the United States, transmitting, cated: EC–3591. A communication from the Dep- pursuant to law, the report of a transaction EC–3578. A communication from the Direc- uty Secretary of Defense, transmitting, pur- involving U.S. exports to Malaysia; to the tor of the Office of Management and Budget, suant to law, a report relative to Gulf War Committee on Banking, Housing, and Urban Executive Office of the President, transmit- Veterans for Calendar Years 1999 and 2000; to Affairs. ting, pursuant to law, a report relative to the Committee on Veterans’ Affairs. EC–3602. A communication from the Dep- military personnel accounts; to the Commit- EC–3592. A communication from the Direc- uty Secretary of the Division of Market Reg- tees on Appropriations; the Budget; and tor of the Office of Regulations Management, ulation, United States Securities and Ex- Armed Services. Veterans Benefits Administration, Depart- change Commission, transmitting, pursuant EC–3579. A communication from the Direc- ment of Veterans Affairs, transmitting, pur- to law, the report of a rule entitled ‘‘Reg- tor of the Office of Management and Budget, suant to law, the report of a rule entitled istration of Broker-Dealers Pursuant to Sec- Executive Office of the President, transmit- ‘‘Veterans Benefits Administration Nomen- tion 15(b)(11) of the Securities Exchange Act ting, pursuant to law, the appropriations re- clature Changes’’ received on August 16, 2001; of 1934’’ (RIN3235–AI21) received on August port; to the Committee on the Budget. to the Committee on Veterans’ Affairs. 30, 2001; to the Committee on Banking, Hous- EC–3580. A communication from the Assist- EC–3593. A communication from the Direc- ing, and Urban Affairs. ant Legal Adviser for Treaty Affairs, Depart- tor of the Office of Regulations Management, EC–3603. A communication from the Chief ment of State, transmitting, pursuant to Veterans Benefits Administration, Depart- of the Regulations Unit, Internal Revenue law, the report of the texts and background ment of Veterans Affairs, transmitting, pur- Service, Department of the Treasury, trans- statements of international agreements, suant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule other than treaties; to the Committee on ‘‘Duty to Assist’’ (RIN2900–AK69) received on entitled ‘‘Railroad Track Maintenance Foreign Relations. August 23, 2001; to the Committee on Vet- Costs’’ (Rev. Proc. 2001–46) received on Au- EC–3581. A communication from the Under erans’ Affairs. gust 21, 2001; to the Committee on Finance. Secretary of Defense, Acquisition, Tech- EC–3594. A communication from the Chair- EC–3604. A communication from the Regu- nology and Logistics, transmitting, pursuant man and President of the Export-Import lations Officer of the Social Security Admin- to law, a report relative to the funding of the Bank of the United States, transmitting, istration, transmitting, pursuant to law, the Foreign Comparative Testing Program pursuant to law, a report relative to a trans- report of a rule entitled ‘‘Federal Old-Age, Projects for Fiscal Year 2002; to the Com- action involving U.S. exports to Brazil; to Survivors, and Disability Insurance; Revi- mittee on Armed Services. the Committee on Banking, Housing, and sion to Medical-Vocational Guidelines’’ EC–3582. A communication from the Under Urban Affairs. (RIN0960–AE42) received on August 22, 2001; Secretary of Defense, Acquisition and Tech- EC–3595. A communication from the Chair- to the Committee on Finance. nology, transmitting, pursuant to law, the man and President of the Export-Import EC–3605. A communication from the Chief report for Department purchases from for- Bank of the United States, transmitting, of the Regulations Unit, Internal Revenue eign entities in Fiscal Year 2000; to the Com- pursuant to law, a report relative to a trans- Service, Department of the Treasury, trans- mittee on Armed Services. action involving U.S. exports to the Demo- mitting, pursuant to law, the report of a rule EC–3583. A communication from the Sec- cratic and Popular Republic of Algeria; to entitled ‘‘Applicable Federal Rates—Sep- retary of Defense, transmitting, the report of the Committee on Banking, Housing, and tember 2001’’ (Rev. Rul. 2001–43) received on a retirement; to the Committee on Armed Urban Affairs. August 22, 2001; to the Committee on Fi- Services. EC–3596. A communication from the Chair- nance. EC–3584. A communication from the Direc- man and President of the Export-Import EC–3606. A communication from the Chief tor of the Defense Finance and Accounting Bank of the United States, transmitting, of the Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, a re- pursuant to law, a report of a transaction in- Service, Department of the Treasury, trans- port on Conversion of Department of Defense volving U.S. exports to the People’s Republic mitting, pursuant to law, the report of a rule Commercial Activity to a Private Con- of China; to the Committee on Banking, entitled ‘‘Revise Form W–9’’ (Ann. 2001–91) tractor; to the Committee on Armed Serv- Housing, and Urban Affairs. received on August 27, 2001; to the Com- ices. EC–3597. A communication from the Dep- mittee on Finance. EC–3585. A communication from the Acting uty Congressional Liaison, Federal Reserve EC–3607. A communication from the Chief Assistant Secretary for Fish and Wildlife and Board, transmitting, pursuant to law, the re- of the Regulations Unit, Internal Revenue Parks, Department of the Interior, transmit- port of a rule entitled ‘‘Credit by Brokers Service, Department of the Treasury, trans- ting, pursuant to law, the report of a rule en- and Dealers (Regulation T); List of Foreign mitting, pursuant to law, the report of a rule titled ‘‘Migratory Bird Hunting Regulations Margin Stocks’’ received on August 20, 2001; entitled ‘‘2001 National Pool’’ (Rev. Proc. on Certain Federal Indian Reservations and to the Committee on Banking, Housing, and 2001–44) received on August 27, 2001; to the Ceded Lands for the 2001–02 Early Season’’ Urban Affairs. Committee on Finance. (RIN1018–AH79) received on August 17, 2001; EC–3598. A communication from the Sec- EC–3608. A communication from the Chief to the Committee on Indian Affairs. retary of the Division of Market Regulation, of the Regulations Unit, Internal Revenue EC–3586. A communication from the Execu- United States Securities and Exchange Com- Service, Department of the Treasury, trans- tive Director of the National Commission on mission, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule Libraries and Information Science, transmit- report of a rule entitled ‘‘240.3a55–1: Method entitled ‘‘Weighted Average Interest Rate ting, pursuant to law, the Annual Report for for determining market capitalization and Update Notice’’ (Notice 2001–52) received on 1998 and 1999; to the Committee on Health, dollar value of average daily trading volume; August 27, 2001; to the Committee on Fi- Education, Labor, and Pensions. application of the definition of narrow-based nance.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.066 pfrm01 PsN: S06PT1 S9196 CONGRESSIONAL RECORD — SENATE September 6, 2001 EC–3609. A communication from the Chief EC–3620. A communication from the Prin- Assessments (2001)’’ received on August 24, of the Regulations Branch, United States cipal Deputy Associate Administrator of the 2001; to the Committee on Environment and Customs Service, Department of the Treas- Environmental Protection Agency, transmit- Public Works. ury, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- EC–3629. A communication from the Prin- port of a rule entitled ‘‘Change in Flat Rate titled ‘‘Approval and Promulgation of Air cipal Deputy Associate Administrator of the of Duty on Articles Imported for Personal or Quality Implementation Plans; Pennsyl- Environmental Protection Agency, transmit- Household Use or as Bona Fide Gifts’’ vania; Conversion of the Conditional Ap- ting, a report entitled ‘‘Reuse Assessments: (RIN1515–AC90) received on August 30, 2001; proval of the 15 Percent Plan for the Penn- Tool to Implement Superfund Land Use’’ re- to the Committee on Finance. sylvania Portion of the Philadelphia-Wil- ceived on August 24, 2001; to the Committee EC–3610. A communication from the Chief mington-Trenton Nonattainment Area to a on Environment and Public Works. of the Regulations Unit, Internal Revenue Full Approval’’ (FRL7043–5) received on Au- EC–3630. A communication from the Prin- Service, Department of the Treasury, trans- gust 21, 2001; to the Committee on Environ- cipal Deputy Associate Administrator of the mitting, pursuant to law the report of a rule ment and Public Works. Environmental Protection Agency, transmit- entitled ‘‘Guidance on Amendment of Sec- EC–3621. A communication from the Prin- ting, a report entitled ‘‘Operation and Main- tion 401(a)(17) of the Code by EGTRRA’’ (No- cipal Deputy Associate Administrator of the tenance in the Superfund Program’’ received tice 2001–56) received on September 4, 2001; to Environmental Protection Agency, transmit- on August 24, 2001; to the Committee on En- the Committee on Finance. ting, pursuant to law, the report of a rule en- vironment and Public Works. EC–3611. A communication from the Prin- titled ‘‘Finding of Attainment for PM–10; EC–3631. A communication from the Prin- cipal Deputy Assistant Secretary of the Shoshone County (City of Pinehurst and cipal Deputy Associate Administrator of the Army, Civil Works, transmitting, pursuant Pinehurst Expansion Area’’ (FRL7042–5) re- Environmental Protection Agency, transmit- to law, a report relative to the deep-draft ceived on August 21, 2001; to the Committee ting, a report entitled ‘‘Local Emergency navigation project for Savannah Harbor, on Environment and Public Works. Planning Committees and Deliberate Re- Georgia; to the Committee on Environment EC–3622. A communication from the Prin- leases’’ received on August 24, 2001; to the and Public Works. cipal Deputy Associate Administrator of the Committee on Environment and Public EC–3612. A communication from the Prin- Environmental Protection Agency, transmit- Works. cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- EC–3632. A communication from the Prin- Environmental Protection Agency, transmit- titled ‘‘Interim Final Determination that cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- the State of California has Corrected Defi- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- ciencies and Stay of Sanctions, El Dorado ting, a report entitled ‘‘Drop Out Box Slag mentation Plans; State of Missouri’’ County Air Pollution Control District’’ Generated at Electric Arc Furnaces’’ re- (FRL7032–2) received on August 8, 2001; to the (FRL7028–9) received on August 21, 2001; to ceived on August 24, 2001; to the Committee Committee on Environment and Public the Committee on Environment and Public on Environment and Public Works. Works. Works. EC–3633. A communication from the Prin- EC–3613. A communication from the Prin- EC–3623. A communication from the Prin- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ting, a report entitled ‘‘FACTSHEET: Tier II ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Submit’’ received on August 24, 2001; to the titled ‘‘Clean Air Act Full Approval of Oper- titled ‘‘Revisions to the California State Im- Committee on Environment and Public ating Permits Program in Washington’’ plementation Plan, El Dorado County Air Works. (FRL7031–6) received on August 8, 2001; to the Pollutions Control District’’ (FRL7028–7) re- EC–3634. A communication from the Prin- Committee on Environment and Public ceived on August 21, 2001; to the Committee cipal Deputy Associate Administrator of the Works. on Environment and Public Works. Environmental Protection Agency, transmit- EC–3614. A communication from the Prin- EC–3624. A communication from the Acting ting, a report entitled ‘‘Superfund Post Con- cipal Deputy Associate Administrator of the Assistant Secretary for Fish and Wildlife and struction Completion’’ received on August Environmental Protection Agency, transmit- Parks, Fish and Wildlife Service, Depart- 24, 2001; to the Committee on Environment ting, pursuant to law, the report of a rule en- ment of the Interior, transmitting, pursuant and Public Works. titled ‘‘Hazardous Waste Management Sys- to law, the report of a rule entitled ‘‘Migra- EC–3635. A communication from the Prin- tems; Identification and Listing of Haz- tory Bird Hunting; Final Frameworks for cipal Deputy Associate Administrator of the ardous Waste; Final Exclusion’’ (FRL7025–3) Early Season Migratory Bird Hunting Regu- Environmental Protection Agency, transmit- received on August 8, 2001; to the Committee lations’’ (RIN1018–AH79) received on August ting, a report entitled ‘‘Recreational Use of on Environment and Public Works. 21, 2001; to the Committee on Environment Land Above Hazardous Waste Containment EC–3615. A communication from the Prin- and Public Works. Areas’’ received on August 24, 2001; to the cipal Deputy Associate Administrator of the EC–3625. A communication from the Acting Committee on Environment and Public Environmental Protection Agency, transmit- Assistant Secretary for Fish and Wildlife and Works. ting, pursuant to law, the report of a rule en- Parks, Fish and Wildlife Service, Depart- EC–3636. A communication from the Prin- titled ‘‘Idaho: Final Authorization of State ment of the Interior, transmitting, pursuant cipal Deputy Associate Administrator of the Hazardous Waste Management Program Re- to law, the report of a rule entitled ‘‘Migra- Environmental Protection Agency, transmit- vision’’ (FRL7013–5) received on August 8, tory Bird Hunting: Early Seasons and Bag ting, a report entitled ‘‘Comprehensive Five- 2001; to the Committee on Environment and and Possession Limits for Certain Migratory Year Review Guidance’’ received on August Public Works. Game Birds in the Contiguous United States, 24, 2001; to the Committee on Environment EC–3616. A communication from the Chair- Alaska, Hawaii, Puerto Rico, and the Virgin and Public Works. man of the Nuclear Regulator Commission, Islands’’ (RIN1018–AH79) received on August EC–3637. A communication from the Prin- transmitting, the Monthly Status Report on 23, 2001; to the Committee on Environment cipal Deputy Assistant Secretary of the the Licensing Activities and Regulatory Du- and Public Works. Army, Civil Works, transmitting, pursuant ties for June 2001; to the Committee on Envi- EC–3626. A communication from the Prin- to law, a report relative to Ocean City, ronment and Public Works. cipal Deputy Associate Administrator of the Maryland, and Vicinity Water Resource EC–3617. A communication from the Direc- Environmental Protection Agency, transmit- Study, Final Integrated Feasibility Report tor of the Federal Emergency Management ting, pursuant to law, the report of a rule en- and Environmental Impact Statement; to Agency, transmitting, pursuant to law, a re- titled ‘‘Idaho: Final Authorization of State the Committee on Environment and Public port relative to funding for the emergency Hazardous Waste Management Program Re- Works. declared as a result of extreme fire hazards vision’’ (FRL7031–5) received on August 23, EC–3638. A communication from the Prin- in the State of Texas; to the Committee on 2001; to the Committee on Environment and cipal Deputy Associate Administrator of the Environment and Public Works. Public Works. Environmental Protection Agency, transmit- EC–3618. A communication from the In- EC–3627. A communication from the Prin- ting, pursuant to law, the report of a rule en- spector General of the Environmental Pro- cipal Deputy Associate Administrator of the titled ‘‘Unregulated Containment Moni- tection Agency, transmitting, pursuant to Environmental Protection Agency, transmit- toring Regulation for Public Water Systems; law, the Annual Super Fund Report for Fis- ting, pursuant to law, the report of a rule en- Amendment to the List 2 Rule and Partial cal Year 2000; to the Committee on Environ- titled ‘‘Approval and Promulgation of Imple- Delay of Reporting of Monitoring Results’’ ment and Public Works. mentation Plans; State of Tennessee’’ (FRL7048–8) received on August 30, 2001; to EC–3619. A communication from the Prin- (FRL7044–4) received on August 23, 2001; to the Committee on Environment and Public cipal Deputy Associate Administrator of the the Committee on Environment and Public Works. Environmental Protection Agency, transmit- Works. EC–3639. A communication from the Prin- ting, pursuant to law, the report of a rule en- EC–3628. A communication from the Prin- cipal Deputy Associate Administrator of the titled ‘‘Amendments for Testing and Moni- cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- toring Provision Removal of a Provision for Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Opacity Monitoring’’ (FRL7039–2) received on ting, a report entitled ‘‘The Role of Screen- titled ‘‘Approval and Promulgation of Ozone August 21, 2001; to the Committee on Envi- ing-Level Risk Assessments and Refining Attainment Plan and Finding of Failure to ronment and Public Works. Contaminants of Concern in Baseline Risk Attain; State of California, San Francisco

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.059 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9197 Bay Area’’ (FRL7048–1) received on August EXECUTIVE REPORTS OF odic cost of living adjustments to the 30, 2001; to the Committee on Environment COMMITTEES maximum amount of deposit insurance and Public Works. The following executive reports of available under that Act, and for other EC–3640. A communication from the Prin- purposes. cipal Deputy Associate Administrator of the committees were submitted: S. 311 Environmental Protection Agency, transmit- By Mr. LEVIN for the Committee on ting, pursuant to law, the report of a rule en- Armed Services. At the request of Mr. DOMENICI, the titled ‘‘Clean Air Act Final Full Approval of *Michael Parker, of Mississippi, to be an name of the Senator from Ohio (Mr. Operating Permit Programs; North Carolina, Assistant Secretary of the Army. DEWINE) was added as a cosponsor of S. Mecklenburg County, and Western North By Mr. LEAHY for the Committee on the 311, a bill to amend the Elementary Carolina’’ (FRL7047–2) received on August 30, Judiciary. and Secondary Education Act of 1965 to 2001; to the Committee on Environment and Sharon Prost, of the District of Columbia, provide for partnerships in character Public Works. to be United States Circuit Judge for the education. EC–3641. A communication from the Dep- Federal Circuit. uty Inspector General, Department of De- Reggie B. Walton, of the District of Colum- S. 487 fense, transmitting, pursuant to law, the bia, to be United States District Judge for At the request of Mr. LEAHY, the Audit Report on Superfund Financial Trans- the District of Columbia. name of the Senator from Washington actions for Fiscal Year 2000; to the Com- Deborah J. Daniels, of Indiana, to be an As- (Ms. CANTWELL) was added as a cospon- mittee on Environment and Public Works. sistant Attorney General. sor of S. 487, a bill to amend chapter 1 EC–3642. A communication from the Acting Richard R. Nedelkoff, of Texas, to be Di- of title 17, United States Code, relating Director of the Fish and Wildlife Service, De- rector of the Bureau of Justice Assistance. to the exemption of certain perform- partment of the Interior, transmitting, pur- *Nomination was reported with rec- suant to law, the report of a rule entitled ances or displays for educational uses ‘‘Endangered and Threatened Wildlife and ommendation that it be confirmed sub- from copyright infringement provi- Plants; Final Designation of Critical Habitat ject to the nominee’s commitment to sions, to provide that the making of for Sidalcea oregana var. calva (Wenatchee respond to requests to appear and tes- copies or phonorecords of such per- Mountains checker-mallow)’’ (RIN1018–AH05) tify before any duly constituted com- formances or displays is not an in- received on September 4, 2001; to the Com- mittee of the Senate. fringement under certain cir- mittee on Environment and Public Works. (Nominations without an asterisk cumstances, and for other purposes. EC–3643. A communication from the Acting were reported with the recommenda- S. 543 Director of the Fish and Wildlife Service, De- tion that they be confirmed.) partment of the Interior, transmitting, pur- At the request of Mr. WELLSTONE, the suant to law, the report of a rule entitled f name of the Senator from Wisconsin ‘‘Endangered and Threatened Wildlife and (Mr. KOHL) was added as a cosponsor of Plants; Final Designation of Critical Habitat INTRODUCTION OF BILLS AND S. 543, a bill to provide for equal cov- for the Kootenai River Population of the JOINT RESOLUTIONS erage of mental health benefits with White Sturgeon’’ (RIN1018–AH06) received on The following bills and joint resolu- respect to health insurance coverage September 4, 2001; to the Committee on Envi- tions were introduced, read the first unless comparable limitations are im- ronment and Public Works. and second times by unanimous con- EC–3644. A communication from the Prin- posed on medical and surgical benefits. cipal Deputy Associate Administrator of the sent, and referred as indicated: S. 567 Environmental Protection Agency, transmit- By Mr. ROCKEFELLER: At the request of Mr. SESSIONS, the ting, pursuant to law, the report of a rule en- S. 1408. A bill to amend title 38, United name of the Senator from Maine (Ms. titled ‘‘Approval and Promulgation of Air States Code, to standardize the income COLLINS) was added as a cosponsor of S. Quality Implementation Plans; Maryland; threshold for copayment for outpatient 567, a bill to amend the Internal Rev- medications with the income threshold for Control of VOC Emissions from Marine Ves- enue Code of 1986 to provide capital sels Coating Operations’’ (FRL7049–3) re- inability to defray necessary expense of care, ceived on September 4, 2001; to the Com- and for other purposes; to the Committee on gain treatment under section 631(b) of mittee on Environment and Public Works. Veterans’ Affairs. such Code for outright sales of timber EC–3645. A communication from the Prin- By Mr. MCCONNELL (for himself, Mrs. by landowners. cipal Deputy Associate Administrator of the FEINSTEIN, Mr. DASCHLE, Mr. SCHU- S. 595 Environmental Protection Agency, transmit- MER, Ms. MIKULSKI, Mr. CRAPO, Mrs. At the request of Mr. WELLSTONE, the ting, pursuant to law, the report of a rule en- CLINTON, Mrs. CARNAHAN, Mrs. name of the Senator from Michigan titled ‘‘FY02 Wetland Program Development BOXER, Mr. TORRICELLI, Mr. ED- (Ms. STABENOW) was added as a cospon- Grants Guidelines’’ (FRL7047–9) received on WARDS, Mr. CLELAND, Mr. ENSIGN, Mr. September 4, 2001; to the Committee on Envi- JOHNSON, and Mr. INOUYE): sor of S. 595, a bill to amend the Public ronment and Public Works. S. 1409. A bill to impose sanctions against Health Service Act, Employee Retire- the PLO or the Palestinian Authority if the ment Income Security Act of 1974, and f President determines that those entities the Internal Revenue Code of 1986 to have failed to substantially comply with provide for nondiscriminatory coverage REPORTS OF COMMITTEES commitments made to the State of Israel; to for substance abuse treatment services the Committee on Foreign Relations. under private group and individual The following reports of committees By Mr. COCHRAN (for himself, Mrs. health coverage. were submitted: LINCOLN, Mr. BREAUX, and Mr. S. 653 By Mr. KENNEDY, from the Committee on LUGAR): At the request of Mr. BAYH, the name Health, Education, Labor, and Pensions, S. 1410. A bill to amend the Internal Rev- with an amendment in the nature of a sub- enue Code of 1986 to clarify the excise tax ex- of the Senator from Texas (Mrs. stitute: emptions for aerial applicators of fertilizers HUTCHISON) was added as a cosponsor of S. 543: A bill to provide for equal coverage or other substances; to the Committee on Fi- S. 653, a bill to amend part D of title IV of mental health benefits with respect to nance. of the Social Security Act to provide health insurance coverage unless comparable By Mr. CAMPBELL (for himself and grants to States to encourage media limitations are imposed on medical and sur- Mr. ALLARD): S. 1411. A bill to authorize the transfer of campaigns to promote responsible fa- gical benefits. (Rept. No. 107-61). therhood skills, and for other purposes. By Mr. LEAHY, from the Committee on the Denver Department of Veterans Affairs the Judiciary, without amendment: Medical Center, Colorado, and for other pur- S. 677 S. 703: A bill to extend the effective period poses; to the Committee on Veterans’ Af- At the request of Mr. HATCH, the of the consent of Congress to the interstate fairs. names of the Senator from Minnesota compact relating to the restoration of Atlan- f (Mr. WELLSTONE), the Senator from tic salmon to the Connecticut River Basin North Dakota (Mr. DORGAN) and the ADDITIONAL COSPONSORS and creating the Connecticut River Atlantic Senator from Kentucky (Mr. BUNNING) Salmon Commission, and for other purposes.. S. 128 were added as cosponsors of S. 677, a By Mr. LEAHY, from the Committee on At the request of Mr. JOHNSON, the bill to amend the Internal Revenue the Judiciary, with an amendment in the na- ture of a substitute: name of the Senator from Louisiana Code of 1986 to repeal the required use S. 1233: A bill to provide penalties for cer- (Mr. BREAUX) was added as a cosponsor of certain principal repayments on tain unauthorized writing with respect to of S. 128, a bill to amend the Federal mortgage subsidy bond financing to re- consumer products. Deposit Insurance Act to require peri- deem bonds, to modify the purchase

VerDate 31-AUG-2001 04:13 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.061 pfrm01 PsN: S06PT1 S9198 CONGRESSIONAL RECORD — SENATE September 6, 2001 price limitation under mortgage sub- tration, to provide grants to modernize (Mr. KOHL) was added as a cosponsor of sidy bond rules based on median family voting procedures and election admin- S. 1169, a bill to streamline the regu- income, and for other purposes. istration, and for other purposes. latory processes applicable to home S. 694 S. 998 health agencies under the medicare At the request of Mr. LEAHY, the At the request of Ms. COLLINS, the program under title XVIII of the Social name of the Senator from Rhode Island name of the Senator from New Mexico Security Act and the medicaid program (Mr. CHAFEE) was added as a cosponsor (Mr. BINGAMAN) was added as a cospon- under title XIX of such Act, and for of S. 694, a bill to amend the Internal sor of S. 998, a bill to expand the avail- other purposes. Revenue Code of 1986 to provide that a ability of oral health services by S. 1201 deduction equal to fair market value strengthening the dental workforce in At the request of Mr. HATCH, the shall be allowed for charitable con- designated underserved areas. name of the Senator from Utah (Mr. tributions of literary, musical, artistic, S. 1000 BENNETT) was added as a cosponsor of or scholarly compositions created by At the request of Mr. REED, the name S. 1201, a bill to amend the Internal the donor. of the Senator from Georgia (Mr. Revenue Code of 1986 to provide for S S. 736 CLELAND) was added as a cosponsor of corporation reform, and for other pur- At the request of Mr. ALLARD, the S. 1000, a bill to amend the Child Care poses. name of the Senator from Massachu- and Development Block Grant Act of S. 1208 setts (Mr. KENNEDY) was added as a co- 1990 to provide incentive grants to im- At the request of Mr. GRAHAM, the sponsor of S. 736, a bill to amend title prove the quality of child care. name of the Senator from New York 10, United States Code, to provide for S. 1014 (Mr. SCHUMER) was withdrawn as a co- the appointment of a Chief of the Vet- At the request of Mr. HARKIN, the sponsor of S. 1208, a bill to combat the erinary Corps of the Army in the grade name of the Senator from Washington trafficking, distribution, and abuse of of brigadier general, and for other pur- (Mrs. MURRAY) was added as a cospon- Ecstasy (and other club drugs) in the poses. sor of S. 1014, a bill to amend the So- United States. S. 805 cial Security Act to enhance privacy S. 1209 At the request of Mr. WELLSTONE, the protections for individuals, to prevent At the request of Mr. BINGAMAN, the names of the Senator from New Mexico fraudulent misuse of the Social Secu- name of the Senator from Michigan (Mr. DOMENICI) and the Senator from rity account number, and for other (Ms. STABENOW) was added as a cospon- Nebraska (Mr. NELSON) were added as purposes. sor of S. 1209, a bill to amend the Trade cosponsors of S. 805, a bill to amend the S. 1036 Act of 1974 to consolidate and improve Public Health Service Act to provide At the request of Mr. HARKIN, the the trade adjustment assistance pro- for research with respect to various name of the Senator from Michigan grams, to provide community-based forms of muscular dystrophy, including (Ms. STABENOW) was added as a cospon- economic development assistance for Duchenne, Becker, limb girdle, con- sor of S. 1036, a bill to amend the Agri- trade-affected communities, and for genital, facioscapulohumeral, cultural Trade Development and As- other purposes. myotonic, oculopharyngeal, distal, and sistance Act of 1954 to establish an S. 1349 emery-dreifuss muscular dystrophies. international food for education and At the request of Mr. ENSIGN, the S. 847 child nutrition program. names of the Senator from Pennsyl- At the request of Mr. DAYTON, the S. 1083 vania (Mr. SANTORUM) and the Senator name of the Senator from Missouri At the request of Ms. MIKULSKI, the from New Hampshire (Mr. SMITH) were (Mr. BOND) was added as a cosponsor of name of the Senator from Michigan added as cosponsors of S. 1349, a bill to S. 847, a bill to impose tariff-rate (Ms. STABENOW) was added as a cospon- provide for a National Stem Cell Donor quotas on certain casein and milk pro- sor of S. 1083, a bill to amend title Bank regarding qualifying human stem tein concentrates. XVIII of the Social Security Act to ex- cells, and for the conduct and support of research using such cells. S. 866 clude clinical social worker services S. RES. 132 At the request of Mr. REID, the name from coverage under the medicare of the Senator from Michigan (Mr. skilled nursing facility prospective At the request of Mr. CAMPBELL, the LEVIN) was added as a cosponsor of S. payment system. name of the Senator from South Caro- 866, a bill to amend the Public Health S. 1084 lina (Mr. THURMOND) was added as a co- sponsor of S.Res. 132, a resolution rec- Service Act to provide for a national At the request of Mr. DURBIN, the media campaign to reduce and prevent names of the Senator from Pennsyl- ognizing the social problem of child abuse and neglect, and supporting ef- underage drinking in the United vania (Mr. SANTORUM), the Senator forts to enhance public awareness of it. States. from Maryland (Ms. MIKULSKI), the S. 917 Senator from Iowa (Mr. HARKIN), the f At the request of Ms. COLLINS, the Senator from Massachusetts (Mr. STATEMENTS ON INTRODUCED names of the Senator from California KERRY), the Senator from Minnesota BILLS AND JOINT RESOLUTIONS (Mr. WELLSTONE) and the Senator from (Mrs. BOXER), the Senator from Mary- By Mr. ROCKEFELLER: New Jersey (Mr. CORZINE) were added land (Ms. MIKULSKI) and the Senator S. 1408. A bill to amend title 38, as cosponsors of S. 1084, a bill to pro- from Idaho (Mr. CRAPO) were added as United States Code, to standardize the hibit the importation into the United cosponsors of S. 917, a bill to amend the income threshold for copayment for States of diamonds unless the coun- Internal Revenue Code of 1986 to ex- outpatient medications with the in- tries exporting the diamonds have in clude from gross income amounts re- come threshold for inability to defray place a system of controls on rough ceived on account of claims based on necessary expense of care, and for diamonds, and for other purposes. certain unlawful discrimination and to other purposes; to the Committee on allow income averaging for backpay S. 1140 Veterans’ Affairs. and frontpay awards received on ac- At the request of Mr. HATCH, the Mr. ROCKEFELLER. Mr. President, I count of such claims, and for other pur- name of the Senator from New Hamp- am pleased to introduce today legisla- poses. shire (Mr. GREGG) was added as a co- tion that would exempt certain vet- S. 953 sponsor of S. 1140, a bill to amend chap- erans from copayments for needed pre- At the request of Mr. MCCONNELL, ter 1 of title 9, United States Code, to scription drugs. the name of the Senator from Delaware provide for greater fairness in the arbi- Currently, veterans with incomes of (Mr. CARPER) was added as a cosponsor tration process relating to motor vehi- less than $24,000 a year are exempt of S. 953, a bill to establish a Blue Rib- cle franchise contracts. from copayments for most VA health bon Study Panel and an Election Ad- S. 1169 care services. However, when it comes ministration Commission to study vot- At the request of Mr. FEINGOLD, the to prescription drugs, the income ing procedures and election adminis- name of the Senator from Wisconsin threshold for exemption is just $9,000 a

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.064 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9199 year. Veterans earning over $9,000, well crease in prescription copayments title 38, United States Code, an increase in below the poverty threshold estab- until we see an adjustment to copay- the copayment amount for medications fur- lished by the Census Bureau, are re- ments for other health care services. nished on an outpatient basis under section quired to make copayments. These co- On July 24, I held a hearing on pre- 1722A(a) of that title until the Secretary commences collection of amounts for out- payments place an undue burden on scription drug issues in VA. At that patient visits for medical services under sec- our poorest veterans. To compound the hearing, we heard testimony from VA tion 1710(g) of that title. problem, the Department of Veterans Secretary Anthony Principi who also Affairs recently proposed increasing believes that new drug copayments By Mr. MCCONNELL (for himself, the copayment for prescription drugs shouldn’t be put into effect until we Mrs. FEINSTEIN, Mr. DASCHLE, from $2 to $7 per 30-day prescription. see a reduction in other health care co- Mr. SCHUMER, Ms. MIKULSKI, I have serious concerns about what payments. Mr. CRAPO, Mrs. CLINTON, Mrs. this copayment increase will mean for As part of the Veterans Millennium CARNAHAN, Mrs. BOXER, Mr. veterans. Indeed, I have already heard Health Care and Benefits Act, Congress TORRICELLI, Mr. EDWARDS, Mr. from a number of veterans whose in- gave VA authority to adjust the dif- CLELAND, Mr. ENSIGN, Mr. comes hover just above the $9,000 ferent health care copayments. This JOHNSON, and Mr. INOUYE): threshold, who must make the required was intended to make VA’s copay- copayments for their pharmaceuticals. ments more rational. Currently, vet- S. 1409. A bill to impose sanctions Many of them are on several different erans must make a copayment of over against the PLO or the Palestinian Au- medications for multiple medical con- $50 for outpatient care services. There thority if the President determines ditions, each requiring their own is no doubt that $50 for a routine out- that those entities have failed to sub- copay. There are many veterans like patient visit is unreasonable at best, stantially comply with commitments Steven Smith, formerly of Greenwood, and at worst, discourages veterans made to the State of Israel; to the WV, who has no health insurance ex- from getting the primary care they Committee on Foreign Relations. cept Medicare and depends upon the need. By delaying the increase in the MIDDLE EAST PEACE COMPLIANCE ACT OF 2001 VA for his medications. With the lack medication copayment until VA imple- Mr. MCCONNELL. Mr. President, I of a Medicare drug benefit, he, and ments its adjusted outpatient copay- am today joining with my good friend, many veterans like him, are faced with ment, we will reduce the negative fi- Senator FEINSTEIN from California, a 350 percent increase in what they nancial impact on our Nation’s vet- who is in the Chamber as well, in offer- must pay for life-sustaining medica- erans. I am confident that VA will ing the Middle East Peace Compliance tions. study this issue closely and will expedi- I am not alone in my concerns about Act of 2001. We do that with the sup- tiously set the outpatient copayment port also of our colleagues, Senators the impact the copayment increase to be more in line with managed care DASCHLE, SCHUMER, MIKULSKI, CRAPO, will have on veterans. In commenting plans. CLINTON, CARNAHAN, BOXER, on the proposed regulations, the VFW I urge my Senate colleagues to join TORRICELLI, EDWARDS, CLELAND, EN- recently cited an example of a veteran me in seeking to provide affordable SIGN, and SHELBY. who has an annual income of $10,500, health care for our sick and disabled just above the current exemption limit veterans. They have sacrificed for all We also do so with full appreciation set by VA. The increase in the prescrip- of us, and deserve every effort we can of the dire and untenable situation in tion copayment rate would force that make to keep them from having to the Middle East. veteran to allocate over 8 percent of choose between buying needed pre- Given the ongoing and relentless his annual income just to prescription scription drugs and putting food on the bloodshed in the Middle East, the time drugs. There is a grave danger that, table. has come for finger pointing. Pales- faced with this situation, many vet- I ask unanimous consent that the tinian Liberation Organization (PLO) erans will stop seeking necessary med- text of the bill be printed in the Chairman Yasser Arafat—and the ter- ical care because they are priced out of RECORD. rorists he allows free reign in the West the system. There being no objection, the bill was Bank and Gaza—are guilty of waging a At a glance, the increase to $7 per ordered to be printed in the RECORD, as guerrilla war against America’s most prescription may seem reasonable follows: important and reliable ally in that re- enough and in keeping with industry S. 1408 gion. Scores of innocent Israeli men, standards. However, consider a veteran women and children have been killed with an income of about $9,000 a year Be it enacted by the Senate and House of Rep- resentatives of the United States of America in by bombs, bullets, knives, and stones. who currently pays $2 per prescription Congress assembled, In acts of cowardice, Palestinian sui- for 10 medications a month. He pres- SECTION 1. SHORT TITLE. cide bombers have caused death and de- ently incurs out-of-pocket costs of $240 This Act may be cited as the ‘‘Veterans’ struction in discos, pizza parlors, cafes, a year. Under the new regulations, his Copyament Adjustment Act’’. and on the streets of Jerusalem and Tel costs would go up to $840 per year, an SEC. 2. STANDARDIZATION OF INCOME THRESH- Aviv. increase of $600. For someone living OLDS FOR COPAYMENT FOR OUT- There appears no end to this mad- barely over the $9,000 annual income PATIENT MEDICATIONS AND FOR IN- ABILITY TO DEFRAY NECESSARY EX- ness. On Monday of this week, four threshold, this is a substantial sum. PENSES OF CARE. I am also concerned about disparities bombs exploded in the Jerusalem (a) STANDARDIZATION.—Section neighborhood of French Hill. On Tues- in how VA defines who is ‘‘poor’’ for 1722A(a)(3)(B) of title 38, United States Code, the purpose of exemption from health day, a Palestinian suicide bomber dis- is amended to read as follows: guised as an orthodox Jew killed him- care copayments. For prescription ‘‘(B) to a veteran whose attributable in- drugs, veterans with more than $9,000 come is not greater than the amount pro- self and injured others on a Jerusalem annual income must make copayments, vided for in subsection (b) of section 1722 of street close to two international but for outpatient care, hospitaliza- this title, as adjusted from time to time schools. One wonders how much more tion, and extended care, the income under subsection (c) of that section.’’. of this terror the people of Israel can— (b) EFFECTIVE DATE.—The amendment or should—endure. threshold for copayments is $24,000 per made by subsection (a) shall take effect on year. My proposed legislation would January 1, 2002, and shall apply with respect Mr. Arafat and his minions are en- raise the exemption level for prescrip- to calendar years beginning on or after that listing Palestinians of all ages to their tion copays to make them the same as date. misguided cause of mutually assured all other VA health care copays. It will SEC. 3. LIMITATION ON IMPLEMENTATION OF IN- destruction. One Palestinian children’s be less confusing to veterans, easier to CREASE IN COPAYMENTS FOR OUT- television show reportedly broadcast a administer, and quite simply, it’s the PATIENT MEDICATIONS PENDING song: ‘‘When I wander into Jerusalem, COLLECTION OF COPAYMENTS FOR right thing to do. OUTPATIENT CARE. I will become a suicide bomber.’’ Mr. My legislation, the Veterans’ Copay- Notwithstanding any other provision of President, Israel is well aware of the ment Adjustment Act, would also re- law, the Secretary of Veterans Affairs may people in Mr. Arafat’s Neighborhood, quire VA to delay implementing the in- not implement under section 1722A(b)(1) of and they are not ones they, or any

VerDate 31-AUG-2001 04:41 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.098 pfrm01 PsN: S06PT1 S9200 CONGRESSIONAL RECORD — SENATE September 6, 2001 peaceful loving people, would choose to must show it can muster the political Now, Israel has responded. Some associate with. will that is necessary to meet the com- have criticized Israel for that response. The legislation we are introducing mitments they made at Oslo. Yet if Israel is not going to practice will make clear the intentions of Mr. Most people, I think, don’t know that kind of response, the violence— Arafat and the PLO. In a report to Con- what the Oslo accords were. In fact, the such as the incident that just happened gress, the Administration is required Oslo accords were letters that were in Jerusalem, I think, yesterday, when to determine whether or not the PLO sent between the Palestinian and somebody dressed as an Orthodox Jew has lived up to its 1993 commitments Israeli leadership in 1993. Those letters walking down the street with a bomb under the Oslo Accords to renounce vi- became the Oslo accords. in his backpack, detonated the bomb olence against Israel, and what steps I want to indicate what the Palestin- when an Israeli officer came up to have been taken by the PLO and the ians, over the signature of their chair- him—must stop. A group of school- Palestinian Authority to investigate man, Mr. Arafat, said they would do on children were nearby, but luckily they and prosecute those responsible for September 9, 1993: were not injured. Many others were. killing American and Israeli citizens. The PLO recognizes the right of the State The subject here is terror, and no Should the Administration determine of Israel to exist in peace and security. Israeli and no Palestinian should have that the PLO’s actions run contrary to The PLO accepts United Nations Security to live with terror every day, when a their word, the President is required to Council Resolutions 242 and 338. The PLO commits itself to the Middle East child gets on that school bus, when a immediately suspend all assistance to peace process, and to a peaceful resolution of son goes to work, when a wife goes the West Bank and Gaza, except hu- the conflict between the two sides and de- shopping, when friends meet at a cafe manitarian aid. He is also required to clares that all outstanding issues relating to or pizzeria or go to a night club. initiate additional sanctions against permanent status will be resolved through The bombings, the terror, and the vi- the PLO, which may include denying negotiations. olence must stop. The Palestinian use visas to senior officials and down- These are not my words, these are of this kind of terror over the past 10 grading their representative office in the words of Chairman Arafat. months runs contrary to what is ex- the United States. It goes on: pected of a peace partner. Mr. Arafat I intend to offer this legislation, The PLO considers that the signing of the must understand that allowing an at- along with Senator FEINSTEIN, as an Declaration of Principles constitutes a his- mosphere of violence and terror to con- amendment to the Foreign Operations toric event, inaugurating a new epoch of tinue will not and cannot lead to peace. peaceful coexistence, free from violence and Appropriations bill, which may be con- The bill we are proposing today, the sidered by the full Senate in the near all other acts which endanger peace and sta- bility. Accordingly, the PLO renounces the Middle East Peace Compliance Act, future. sends that signal clearly and simply While I will have much more to say use of terrorism and other acts of violence and will assume responsibility over all PLO and says either the PLO live up to on the situation in the Middle East at elements and personnel in order to assure these commitments or we return to a a later date, let me close by asking a their compliance, prevent violence, and dis- pre-Oslo posture. question of my colleagues: If the daily cipline violators. So it is a very simple and very In view of the promise of a new era and the terrorists attacks taking place against straightforward bill based on these Israelis were occurring on American signing of the Declaration of Principles, and based on Palestinian acceptance of Security commitments. It calls for the Presi- soil against U.S. citizens, what would dent to issue a report addressing our response be? A democracy in a re- Council Resolutions 242 and 338, the PLO af- firms that those articles of the Palestinian whether the PLO and the Palestinian gion of dictatorships and kingdoms, Covenant which deny Israel’s right to exist, Authority are in compliance with the Israel has the right and responsibility and the provisions of the Covenant which are fundamental commitments they have to protect and defend its citizens inconsistent [with the commitments of this repeatedly made to renounce ter- against terrorism. The United States letter] are invalid. rorism. should be clear in its support of Israel For its part, Israel, under Prime Min- If the President is unable to find that exercising this right, in whatever man- ister Rabin, in a letter to Chairman the PLO or the Palestinian Authority ner the people of Israel, through their Arafat, stated: is adhering to its commitments, it re- elected leaders, deem appropriate. To I wish to confirm to you that in light of quires him to restrict nonhumani- date, Israel has shown remarkable re- the PLO commitments included in your let- tarian assistance to the West Bank and straint. ter, the Government of Israel has decided to Gaza and to impose one of two addi- Mr. MCCONNELL. With great thanks recognize the PLO as the representative of tional sanctions: Denial of visas to Pal- to my colleague from California in col- the Palestinian people and commence nego- estinian Authority officials, or closing laborating with me on this effort, and tiations with the PLO within the Middle the Palestinian office in the United looking forward to further efforts on East peace process. States. behalf of this proposal, I now yield the Mr. President, that was what formed floor. the beginning of Oslo—not the end, but I think this legislation is necessary The PRESIDING OFFICER. The Sen- the beginning of the Oslo peace proc- to send a message that we cannot con- ator from California is recognized. ess. They were the necessary minimum tinue this kind of violence. We cannot Mrs. FEINSTEIN. Mr. President, I threshold to begin that process—a rec- see that letter abrogated in chapter thank the Senator from Kentucky for ognition that Israel has the right to and verse—the letter that became the his leadership. We have consulted to- exist in peace and security and that foundation of PLO recognition, and the gether on this bill, and I am very proud the Palestinian people have a right to letter that became the foundation of to join him as the lead Democratic co- be represented in peace negotiations by the Oslo peace process. sponsor. representatives of their own choosing. Let me be clear. It is also my expec- I ask unanimous consent to put the Unfortunately, since Camp David last tation that the Government of Israel, following Members from this side of year, the Palestinians have carried out for its part, must continue to meet the the aisle on the bill: Senators DASCHLE, more than 6,700 armed attacks against commitments it has made to peace and SCHUMER, MIKULSKI, CLINTON, Israelis in a fundamental violation of continue to exercise restraint in reac- CARNAHAN, BOXER, TORRICELLI, ED- their peace process commitments. This tion to these Palestinian terrorist acts. WARDS, and CLELAND. Palestinian campaign of terror has Mr. President, we submit this legisla- The PRESIDING OFFICER. Without killed 155 Israelis, 114 of them civilians, tion. Again, I am very delighted to objection, it is so ordered. and it has wounded another 1,500 work with the distinguished Senator Mrs. FEINSTEIN. Mr. President, the Israelis. from Kentucky. We have a bill and, as Senator from Kentucky and I joined to- As the Senator from Kentucky point- the Senator said, we will also offer this gether in this legislation because we ed out, whether it is a bomb that goes as an amendment to the foreign oper- believe that if the violence between the off in a pizza parlor, a discotheque, a ations appropriations bill. I thank the Palestinians and Israel is to end and school bus, or a shopping mall, this is Chair and the Senator. It has been a the peace process is to gain any mo- the way that kind of violence has hap- great pleasure to work with him. mentum, the Palestinian leadership pened. I yield the floor.

VerDate 31-AUG-2001 04:16 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.073 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9201 Mr. MCCONNELL. Mr. President, I the case of the initial report, during the pre- erans Affairs Medical Center, Colorado, ask unanimous consent that the text of ceding 6-month period; and and for other purposes; to the Com- the bill be printed in the RECORD. (4) detailing progress made in determining mittee on Veterans’ Affairs. There being no objection, the mate- the designation of the PLO, or one or more Mr. CAMPBELL. Mr. President, rial was ordered to be printed in the of its constituent groups (including Fatah today I am introducing a bill to facili- and Tanzim) or groups operating as arms of RECORD, as follows: the Palestinian Authority (including Force tate the move of the Denver Veterans S. 1409 17) as a foreign terrorist organization, in ac- Affairs Medical Center, DVAMC, from Be it enacted by the Senate and House of Rep- cordance with section 219(a) of the Immigra- its present site in Denver to the former resentatives of the United States of America in tion and Nationality Act. Fitzsimons Army Medical Center in Congress assembled, (b) TRANSMISSION.—The initial report re- Aurora, CO. I am happy to be joined in SECTION 1. SHORT TITLE. quired under subsection (a) shall be trans- this effort by my friend and colleague mitted not later than 30 days after the date This Act may be cited as the ‘‘Middle East Senator ALLARD as an original co-spon- Peace Compliance Act of 2001’’. of enactment of this Act. Each subsequent report shall be submitted on the date on sor. The bill would authorize the Sec- SEC. 2. FINDINGS. retary of Veterans Affairs to accom- Congress makes the following findings: which the President is next required to sub- (1) On September 9, 1993, Palestinian Lib- mit a report under the PLO Commitments plish the transfer in a timely manner. eration Organization (PLO) Chairman Yasser Compliance Act of 1989 (title VIII of Public It would also require the Secretary to Law 101–246) and may be combined with such Arafat made the following commitments in submit a report to the Veterans Affairs report. an exchange of letters with Prime Minister Committee and the Appropriations of Israel Yitzhak Rabin: SEC. 4. IMPOSITION OF SANCTIONS. Committee of both the Senate and (A) ‘‘The PLO recognizes the right of the (a) IN GENERAL.—If, in any report trans- mitted pursuant to section 3, the President House of Representatives. This report State of Israel to exist in peace and secu- determines that the PLO or Palestinian Au- would detail the costs of the transfer rity.’’. thority, as appropriate, has not substan- and would be submitted 60 days prior (B) ‘‘The PLO accepts United Nations Se- tially complied with the commitments speci- curity Council Resolutions 242 and 338’’ per- to awarding a contract for the move. fied in section 2(1), the following sanctions The relocation of the DVAMC to the taining to the cessation of hostilities and the shall apply: establishment of a just and lasting peace in former Fitzsimons site offers a unique (1) SUSPENSION OF ASSISTANCE.—The Presi- opportunity to provide the highest the Middle East. dent shall suspend all United States assist- (C) ‘‘The PLO commits itself to the Middle ance to the West Bank and Gaza except for quality medical care for our veterans. East peace process, and to a peaceful resolu- humanitarian assistance. The University of Colorado Health tion of the conflict between the two sides (2) ADDITIONAL SANCTION OR SANCTIONS.— Sciences Center, UCHSC, is moving its and declares that all outstanding issues re- The President shall impose one or more of facilities from its overcrowded location lating to permanent status will be resolved the following sanctions: near downtown Denver to the through negotiations.’’. (A) DENIAL OF VISAS TO PLO AND PALES- (D) ‘‘The PLO considers that the signing of Fitzsimons site, a decomissioned Army TINIAN AUTHORITY FIGURES.—The President the Declaration of Principles constitutes a base. The UCHSC and the DVAMC have shall prohibit the Secretary of State from long operated on adjacent campuses historic event, inaugurating a new epoch of issuance of any visa for any member of the peaceful coexistence, free from violence and PLO or any official of the Palestinian Au- and have shared faculty, medical resi- all other acts which endanger peace and sta- thority. dents, and access to equipment. A bility. Accordingly, the PLO renounces the (B) DOWNGRADE IN STATUS OF PLO OFFICE IN DVAMC move to the new location use of terrorism and other acts of violence THE UNITED STATES.—Notwithstanding any would allow such cost-effective co- and will assume responsibility over all PLO other provision of law, the President shall operation to continue, for the benefits elements and personnel in order to assure withdraw or terminate any waiver by the their compliance, prevent violence and dis- of our veterans and all taxpayers. President of the requirements of section 1003 The need to move is pressing. A re- cipline violators.’’. of the Foreign Relations Authorization Act (E) ‘‘In view of the promise of a new era cent VA study concludes that the Colo- of 1988 and 1989 (22 U.S.C. 5202) (prohibiting rado State veterans’ population will and the signing of the Declaration of Prin- the establishment or maintenance of a Pal- ciples and based on Palestinian acceptance estinian information office in the United experience one of the highest percent of Security Council Resolutions 242 and 338, States), and such section shall apply so as to increases nationally in veterans 65 and the PLO affirms that those articles of the prohibit the operation of a PLO or Pales- over between 1990 and 2020. The present Palestinian Covenant which deny Israel’s tinian Authority office in the United States VA hospital was built in the 1950’s. right to exist, and the provisions of the Cov- from carrying out any function other than enant which are inconsistent with the com- While still able to provide service, the those functions carried out by the Pales- core facilities are approaching the end mitments of this letter are now inoperative tinian information office in existence prior and no longer valid.’’. of their useful lives and many of the to the Oslo Accord. patient care units have fallen horribly (2) The Palestinian Authority, the gov- (b) DURATION OF SANCTIONS.—The period of erning body of autonomous Palestinian terri- time referred to in subsection (a) is the pe- out of date. Studies indicate that co-lo- tories, was created as a result of the agree- riod of time commencing on the date that cation with the University on a state- ments between the PLO and the State of the report pursuant to section 3 was trans- of-the-art medical campus would be a Israel that are a direct outgrowth of the Sep- mitted and ending on the later of— cost effective way to give veterans in tember 9, 1993, commitments. (1) the date that is 6 months after such (3) The United States Congress has pro- the region the highest quality of care. date; The move would also provide a tremen- vided authorities to the President to suspend (2) the date that the next report under sec- certain statutory restrictions relating to the tion 3 is required to be transmitted; or dous opportunity to showcase a nation- PLO, subject to Presidential certification (3) the date, if any, on which the President wide model of cooperation between the that the PLO has continued to abide by com- determines and informs Congress that the University and the Department of Vet- mitments made. conditions that were the basis for imposing erans Affairs, VA. These cooperative SEC. 3. REPORTS. the sanctions are no longer valid. initiatives have proven time and again (a) IN GENERAL.—The President shall, at (c) WAIVER AUTHORITY.—The President their effectiveness. the times specified in subsection (b), trans- may waive any or all of the sanctions im- Timing is also very important. The mit to Congress a report— posed under this Act if the President deter- VA needs to move quickly to realize (1) detailing and assessing the steps that mines that such a waiver is in the national the PLO or the Palestinian Authority, as ap- security interest of the United States, and the financial advantages of this unique propriate, has taken to substantially comply reports such a determination to the appro- opportunity. In order to make the with its 1993 commitments, as specified in priate committees of Congress. move fiscally effective, the VA needs section 2(1) of this Act; SEC. 5. EFFECTIVE DATE; TERMINATION DATE. to make a decision not later than 2004. (2) a description of the steps taken by the (a) EFFECTIVE DATE.—This Act shall take Additionally, our veterans are aging PLO or the Palestinian Authority, as appro- effect on the date of enactment of this Act. and their needs are increasing. Assist- priate, to investigate and prosecute those re- (b) TERMINATION DATE.—This Act shall cease to be effective 5 years after the date of ing our veterans with their medical sponsible for violence against American and needs is a promise we, as a country, Israeli citizens; enactment of this Act. (3) making a determination as to whether made long ago. the PLO or the Palestinian Authority, as ap- By Mr. CAMPBELL (for himself The savings we can realize by approv- propriate, has substantially complied with and Mr. ALLARD): ing the timely transfer of our veterans’ such commitments during the period since S. 1411. A bill to authorize the trans- medical treatment facilities in the the submission of the preceding report, or, in fer of the Denver Department of Vet- Denver region compels me to urge my

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.071 pfrm01 PsN: S06PT1 S9202 CONGRESSIONAL RECORD — SENATE September 6, 2001 colleagues to act quickly on this bill. SA 1530. Mr. SARBANES (for himself, Mr. (8) the Secretary of the Treasury certified We must not miss out on this oppor- GRAMM, Mr. ENZI, and Mr. JOHNSON) proposed to Congress on December 11, 1998, and July 2, tunity to serve America’s veterans and an amendment to the bill S. 149, supra. 1999 that the Stand-by Arrangement was SA 1531. Mr. ALLEN submitted an amend- their families by ensuring that they re- being adhered to, and assured Congress that ment intended to be proposed by him to the consultations had been held with the Gov- ceive the excellent medical care they bill H.R. 2500, making appropriations for the ernment of the Republic of Korea in connec- deserve. Departments of Commerce, Justice, and tion with the certifications; I ask unanimous consent that the State, the Judiciary, and related agencies for (9) the Republic of Korea has acceded to text of the bill be printed in the the fiscal year ending September 30, 2002, and the World Trade Organization, and to the RECORD. for other purposes; which was ordered to lie Agreement of Subsidies and Countervailing There being no objection, the bill was or- on the table. Measures (as defined in section 101(d)(12) of dered to be printed in the RECORD, as follows: SA 1532. Mr. REID (for Mr. LOTT) proposed the Uruguay Round Agreements Act); Be it enacted by the Senate and House of Rep- an amendment to the bill H.R. 1885, to ex- (10) the Agreement on Subsidies and Coun- resentatives of the United States of America in pand the class of beneficiaries who may tervailing Measures specifically prohibits ex- Congress assembled, apply for adjustment of status under section port subsidies, and makes actionable other SECTION 1. SHORT TITLE. 245(i) of the Immigration and Nationality subsidies bestowed upon a specific enterprise This Act may be cited as the ‘‘Denver Vet- Act by extending the deadline for classifica- that causes adverse effects. erans Affairs Medical Center Transfer to tion petition and labor certification filings, (11) Hynix Semiconductor is a major ex- Fitzsimons Act of 2001’’. and for other purposes. porter of semiconductor products from the f Republic of Korea to the United States; and SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FA- (12) the Republic of Korea has now engaged CILITY PROJECT TO FACILITATE TRANSFER OF DENVER DEPART- TEXT OF AMENDMENTS in a massive $5,000,000,000 bailout of Hynix MENT OF VETERANS AFFAIRS MED- SA 1527. Mr. THOMPSON proposed an Semiconductor which contravenes the com- ICAL CENTER, COLORADO. mitments the Government of the Republic of amendment to the bill S. 149, to pro- Korea made to the IMF, the World Trade Or- (a) AUTHORIZATION.—The Secretary of Vet- vide authority to control exports, and erans Affairs may carry out a major medical ganization and in other agreements, and the facility project, in the amount appropriated for other purposes; as follows: understandings and certifications made to for the project pursuant to the authorization On page 197, line 15, strike ‘‘substantially Congress under the Omnibus Consolidated of appropriations in subsection (b), for pur- inferior’’ and insert ‘‘not of comparable qual- and Emergency Supplemental Appropria- poses of the transfer of the Denver Depart- ity’’. tions Act, 1999: ment of Veterans Affairs Medical Center, (b) SENSE OF THE SENATE.—It is the sense Colorado, from its current location in Den- SA 1528. Mr. CRAIG (for himself, Mr. of the Senate that— ver, Colorado, to the site of the former CRAPO, and Mr. HATCH) submitted an (1) The Secretary of the Treasury, the Sec- Fitzsimons Army Medical Center, Aurora, amendment intended to be proposed by retary of Commerce, and the United States Colorado. him to the bill S. 149, to provide au- Trade Representative should forthwith re- (b) AUTHORIZATION OF APPROPRIATIONS.— quest consultations with the Republic of thority to control exports, and for Korea under Article 4 and Article 7 of the There is authorized to be appropriated to the other purposes; which was ordered to Secretary of Veterans Affairs for the Con- Agreement on Subsidies and Countervailing struction, Major Projects, account such lie on the table; as follows: Measures of the World Trade Organization, sums as may be necessary for the project au- Insert at the appropriate place the fol- and take immediately such other actions as thorized by subsection (a). lowing: are necessary to assure that the improper (c) TRANSFER OF MEDICAL CENTER.—(1) SEC. XXX. SENSE OF THE SENATE REGARDING bailout by the Republic of Korea is stopped, Upon completion of the major medical facil- THE REPUBLIC OF KOREA’S IM- and its effects fully offset or reversed; ity project authorized by subsection (a), the PROPER BAILOUT OF HYNIX SEMI- (2) the relationship between the United Secretary shall transfer the Denver Depart- CONDUCTOR. States and Republic of Korea has been and ment of Veterans Affairs Medical Center to (a) FINDINGS.—Congress finds that— will continue to be harmed significantly by the facility constructed pursuant to that au- (1) the Government of the Republic of the bailout of a major exporter of products thorization. Korea over many years has supplied aid to from Korea to the United States; (2) Amounts for the cost of the transfer au- the Korean semiconductor industry enabling (3) the Republic of Korea should end imme- thorized by paragraph (1) shall be derived that industry to be the Republic of Korea’s diately the bailout of Hynix Semiconductor; from amounts in the Construction, Major leading exporter; (4) the Republic of Korea should comply (2) this assistance has occurred through a Projects, account for a category of activity immediately with its commitments to the coordinated series of government programs not specific to a project that are available IMF, with its trade agreements, and with the and policies, consisting of preferential access for obligation. assurances it made to the Secretary of the to credit, low-interest loans, government (d) REPORT ON TRANSFER COSTS.—Not later Treasury; and than 60 days before awarding the contract grants, preferential tax programs, govern- (5) the United States Trade Representative for the major medical facility project au- ment inducement of private sector loans, and the Secretary of Commerce should mon- thorized by subsection (a), the Secretary tariff reductions, and other measures; itor and report to Congress on steps that (3) in December 1997, the United States, the shall submit to the appropriate congres- have been taken to end this bailout and re- International Monetary Fund (IMF), other sional committees a report on the estimated verse its effects. foreign government entities, and a group of cost of the transfer of the Denver Depart- international financial institutions assem- ment of Veterans Affairs Medical Center SA 1529. Mr. KYL proposed an bled an unprecedented $58,000,000,000 finan- under subsection (c). amendment to the bill S. 149, to pro- cial package to prevent the Korean economy (e) APPROPRIATE CONGRESSIONAL COMMIT- vide authority to control exports, and from declaring bankruptcy; TEES DEFINED.—In this section, the term for other purposes; as follows: (4) as part of that rescue package, the Re- ‘‘appropriate congressional committees’’ On page 296, strike line 1 through line 7 and public of Korea agreed to put an end to cor- means the following: insert the following: porate cronyism, and to overhaul the bank- (1) The Committees on Veterans’ Affairs ‘‘(3) REFUSAL BY COUNTRY.—If the ing and financial sectors; and Appropriations of the Senate. country in which the end-user is located re- (5) Korea also pledged to permit and re- (2) The Committees on Veterans’ Affairs fuses to allow post-shipment verification of a quire banks to run on market principles, to and Appropriations of the House of Rep- controlled item, the Secretary may deny a allow and enable bankruptcies and workouts resentatives. license for the export of that item, any sub- to occur rather than bailouts, and to end stantially identical or directly competitive f subsidies; item or class of items, any item that the AMENDMENTS SUBMITTED & (6) the Republic of Korea agreed to all of Secretary determines to be of equal or great- PROPOSED these provisions in the Stand-by Arrange- er sensitivity than the controlled item, or ment with the IMF dated December 3, 1997; any controlled item for which a determina- SA 1527. Mr. THOMPSON proposed an (7) section 602 of the Foreign Operations, tion has not been made pursuant to section amendment to the bill S. 149, to provide au- Export Financing, and Related Agencies Ap- 211 to all end-users in that country until thority to control exports, and for other pur- propriations Act, 1999, as enacted by section such post-shipment verification is allowed.’’ poses. 101(d) of Division A of the Omnibus Consoli- SA 1528. Mr. CRAIG (for himself, Mr. dated and Emergency Supplemental Appro- SA 1530. Mr. SARBANES (for him- CRAPO, and Mr. HATCH) submitted an amend- priations Act (Public Law 105–277; 112 Stat. self, Mr. GRAMM, Mr. ENZI, and Mr. ment intended to be proposed by him to the 2681–220) specified that the United States bill S. 149, supra; which was ordered to lie on would not authorize further IMF payments JOHNSON) proposed an amendment to the table. to Korea unless the Secretary of the Treas- the bill S. 149, to provide authority to SA 1529. Mr. KYL proposed an amendment ury certified that the provisions of the IMF control exports, and for other purposes; to the bill S. 149, supra. Standby Arrangement were adhered to; as follows:

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G06SE6.099 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — SENATE S9203 On page 193, line 10, strike ‘‘party’’ and in- penalty may be imposed on an officer or em- On page 35, line 8, after the semicolon in- sert ‘‘person’’. ployee of the United States, or any depart- sert the following: ‘‘of which $500,000 shall be On page 193, line 16, strike ‘‘party’’ and in- ment or agency thereof, without the concur- available for the Learning for Life Program sert ‘‘person’’. rence of the department or agency employ- conducted by the Boy Scouts of the National On page 205, line 7, after ‘‘competition’’ in- ing such officer or employee. Sections 503 (e), Capital Area;’’. sert ‘‘, including imports of manufactures (g), (h), and (i) and 507 (a), (b), and (c) shall goods’’. apply to actions to impose civil penalties SA 1532. Mr. REID (for Mr. LOTT) pro- On page 222, line 6, strike ‘‘Crime’’ and in- under this paragraph. At the request of the posed an amendment to the bill H.R. sert ‘‘In order to promote respect for funda- Secretary, a department or agency employ- 1885, to expand the class of bene- mental human rights, crime’’. ing an officer or employee found to have vio- On page 223, line 3, strike ‘‘The’’ and insert ficiaries who may apply for adjustment lated paragraph (1) shall deny that officer or of status under section 245(i) of the Im- ‘‘Except as herein provided, the’’. employee access to information exempt from On page 223, line 9, after the period, insert disclosure under this section. Any officer or migration and Nationality Act by ex- the following: ‘‘The provisions of subsection employee who commits a violation of para- tending the deadline for classification (a) shall apply with respect to exports of any graph (1) may also be removed from office or petition and labor certification filings, of the items identified in subsection (c).’’. On page 223, between lines 9 and 10, insert employment by the employing agency. and for other purposes; as follows: On page 315, line 11, insert the following: the following: Strike all after the enacting clause and in- (c) REPORT.—Notwithstanding the provi- SEC. 603. AGRICULTURAL COMMODITIES, MEDI- sert the following: CINE, MEDICAL DEVICES. sions of section 602 or any other confiden- SECTION 1. SHORT TITLE. (a) APPLICABILITY OF TRADE SANCTIONS RE- tiality requirements, the Secretary shall in- FORM AND EXPORT ENHANCEMENT ACT OF This Act may be cited as the ‘‘Section clude in the annual report submitted to Con- 2000.—Nothing in this Act authorizes the ex- 245(i) Extension Act of 2001’’. gress pursuant to section 701 a report de- ercise of authority contrary to the provi- SEC. 2. EXTENSION OF DEADLINE. scribing the aggregate number of licenses ap- sions of the Trade Sanctions Reform and Ex- (a) IN GENERAL.—Section 245(i)(1) of the proved during the preceding calendar year port Enhancement Act of 2000 (Public Law Immigration and Nationality Act (8 U.S.C. for the export of any items listed in the fol- 106–387; 114 Stat. 1549, 549A–45) applicable to 1255(i)(1)) is amended— lowing paragraphs identified by country and exports of agricultural commodities, medi- (1) is subparagraph (B)— control list number: cine, or medical devices. (A) in clause (i), by striking ‘‘on or before (1) Serrated thumbcuffs, leg irons, (b) TITLE II LIMITATION.—Title II does not April 30, 2001; or’’ and inserting ‘‘on or before thumbscrews, and electro-shock stun belts. authorize export controls on food. the earlier of April 30, 2002, and the date that (2) Leg cuffs, thumbcuffs, shackle boards, (c) TITLE III LIMITATION.—Except as set is 120 days after the date on which the Attor- restraint chairs, straitjackets, and plastic forth in section 906 of the Trade Sanctions ney General first promulgates final or in- handcuffs. Reform and Export Enhancement Act of 2000, terim final regulations to carry out the Sec- (3) Stun guns, shock batons, electric cattle title III does not authorize export controls tion 245(i) Extension Act of 2001; or’’; and prods, immobilization guns and projectiles, on agricultural commodities, medicine, or (B) in clause (ii), by striking ‘‘on or before other than equipment used exclusively to medical devices unless the procedures set such date; and’’ and inserting ‘‘on or before treat or tranquilize animals and arms de- forth in section 903 of such Act are complied the earlier date described in clause (i);’’; signed solely for signal, flare, or saluting with. (2) in subparagraph (C), by adding ‘‘and’’ at use. (d) DEFINITION.—In this section, the term the end; and (4) Technology exclusively for the develop- ‘‘food’’ has the same meaning as that term (3) by inserting after subparagraph (C) the ment or production of electro-shock devices. has under section 201(f) of the Federal Food, following: (5) Pepper gas weapons and saps. Drug, and Cosmetic Act (21 U.S.C. 321(f)). ‘‘(D) who, in the case of a beneficiary of a (6) Any other item or technology the Sec- petition for classification, or an application retary determines is a specially designed in- * * * * * On page 324, strike lines 1 through 4 and re- for labor certification, described in subpara- strument of torture or is especially suscep- designate paragraphs (14) and (15) accord- graph (B) that was filed after April 30, 2001, tible to abuse as an instrument of torture. demonstrates that the familial relationship On page 226, line 8, insert ‘‘and’’ after ingly. Beginning on page 324, line 21, strike all existed before August 15, 2001, or the applica- ‘‘title;’’. tion for labor certification that is the basis On page 226, strike lines 9 through 22 and through page 325, line 5, and insert the fol- of such petition for classification was filed insert the following: lowing: (j) CIVIL AIRCRAFT EQUIPMENT.—Notwith- before August 15, 2001;’’. (ii) upon receipt of completed application— standing any other provision of law, any (b) EFFECTIVE DATE.—The amendments (I) ensure that the classification stated on product that is standard equipment, certified made by subsection (a) shall take effect as if the application for the export items is cor- by the Federal Aviation Administration, in included in the enactment of the Legal Im- rect; civil aircraft, and is an integral part of such migration Family Equity Act (114 Stat. (II) refer the application, through the use aircraft, shall be subject to export control 2762A–345), as enacted into law by section of a common data-base or other means, and only under this Act. Any such product shall 1(a)(2) of Public Law 106–553. all information submitted by the applicant, not be subject to controls under section and all necessary recommendations and f 38(b)(2) of the Arms Export Control Act (22 analyses by the Secretary to the Secretary U.S.C. 2778(b)). AUTHORITY FOR COMMITTEES TO of Defense, the Secretary of State, and the On page 325, between lines 5 and 6, insert MEET heads of any other departments and agencies the following: the Secretary considers appropriate; or (k) CIVIL AIRCRAFT SAFETY.—Notwith- COMMITTEE ON ARMED SERVICES (III) return the application if a license is standing any other provision of law, the Sec- Mr. BAUCUS. Mr. President, I ask not required. retary may authorize, on a case-by-case unanimous consent that the Com- On page 296, line 13, strike ‘‘parties’’ and basis, exports and reexports of civil aircraft mittee on Armed Services be author- insert ‘‘persons’’. equipment and technology that are nec- On page 296, line 11, after ‘‘necessary’’ in- ized to meet during the session of the essary for compliance with flight safety re- sert ‘‘, to be available until expended,’’. Senate on Thursday, September 6 at On page 296, line 20, after ‘‘necessary’’ in- quirements for commercial passenger air- 9:30 a.m. in closed session to mark up sert ‘‘, to be available until expended,’’. craft. Flight safety requirements are defined as airworthiness directives issued by the the Department of Defense authoriza- On page 297, line 20, after ‘‘$5,000,000’’ in- tion Act for fiscal year 2002. sert ‘‘, to be available until expended,’’. Federal Aviation Administration (FAA) or On page 298, line 12, after ‘‘necessary’’ in- equipment manufacturers’ maintenance in- The PRESIDING OFFICER. Without sert ‘‘, to be available until expended,’’. structions or bulletins approved or accepted objection, it is so ordered. On page 300, line 12, after ‘‘$2,000,000’’ in- by the FAA for the continued airworthiness COMMITTEE ON HEALTH, EDUCATION, LABOR AND sert ‘‘, to be available until expended,’’. of the manufacturers’ products. PENSIONS On page 325, line 6, strike ‘‘(k)’’ and insert On page 300, line 14, after ‘‘$2,000,000’’ in- Mr. BAUCUS. Mr. President, I ask sert ‘‘, to be available until expended,’’. ‘‘(l)’’. On page 311, strike lines 2 though 4 and in- unanimous consent that the Com- sert the following: ‘‘other export authoriza- SA 1531. Mr. ALLEN submitted an mittee on Health, Education, Labor, tion (or recordkeeping or reporting require- amendment intended to be proposed by and Pensions be authorized to meet for ments), enforcement activity, or other oper- him to the bill H.R. 2500, making ap- a hearing on Brian Jones, of California, ations under the Export Administration Act propriations for the Departments of to be General Counsel, Department of of 1979, under this Act, or under the Export’’. Commerce, Justice, and State, the Ju- Education during the session of the On page 311, line 14, insert ‘‘by an em- diciary, and related agencies for the Senate on Thursday, September 6, 2001. ployee or officer of the Department of Com- merce’’ after ‘‘investigation’’. fiscal year ending September 30, 2002, At 10:00 a.m. On page 315, strike lines 6 through 10 and and for other purposes; which was or- The PRESIDING OFFICER. Without insert the following: (1), except that no civil dered to lie on the table; as follows: objection, it is so ordered.

VerDate 31-AUG-2001 04:41 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.081 pfrm01 PsN: S06PT1 S9204 CONGRESSIONAL RECORD — SENATE September 6, 2001 COMMITTEE ON THE JUDICIARY mittee on Armed Services be author- Mr. REID. Mr. President, I express Mr. BAUCUS. Mr. President, I ask ized to meet during the session of the my appreciation and that of the Senate unanimous consent that the Com- Senate on Thursday, September 6, 2001 for the patience of the Presiding Offi- mittee on the Judiciary be authorized at 1:30 p.m. in closed session to mark cer. We thought we would be finished to meet to conduct a markup on Thurs- up the strategic programs and provi- several hours ago. I know the Senator day, September 6, 2001 at 10:00 a.m., in sions contained in the Department of from Florida had many other things to SD226. Defense Authorization Act for fiscal do. As usual, he is such a team player. The PRESIDING OFFICER. Without year 2002. On behalf of the whole Senate, I ex- objection, it is so ordered. The PRESIDING OFFICER. Without press my appreciation. SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. f Mr. BAUCUS. Mr. President, I ask f unanimous consent that the Select ORDERS FOR MONDAY, PROGRAM Committee on Intelligence be author- SEPTEMBER 10, 2001 Mr. REID. Mr. President, therefore, ized to meet during the session of the Mr. REID. Mr. President, I ask unan- on Monday, September 10, as a result of Senate on Thursday, September 6, 2001 imous consent that when the Senate the consent agreements that have been at 9:30 a.m. to hold a mark-up. completes its business today, it ad- The PRESIDING OFFICER. Without entered, the Senate will convene at 11 journ until the hour of 11 a.m., Mon- objection, it is so ordered. a.m. with a period of morning business day, September 10. I further ask unani- until 12 noon. At 12 noon, the Senate SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND mous consent that on Monday, imme- will take up the Commerce-State-Jus- SPACE diately following the prayer and the Mr. BAUCUS. Mr. President, I ask tice appropriations bill. Rollcall votes pledge, the Journal of proceedings be will occur on Monday after 5 p.m. unanimous consent that the Sub- approved to date, the morning hour be committee on Technology and Space of deemed expired, the time for the two f the Senate Committee on Commerce, leaders be reserved for their use later Science, and Transportation be author- ADJOURNMENT UNTIL 11 A.M. in the day, and the Senate conduct a MONDAY, SEPTEMBER 10, 2001 ized to meet on Thursday, September 6, period of morning business until 12 2001, at 2:30 p.m. on shuttle safety. noon with Senators permitted to speak Mr. REID. If there is no further busi- The PRESIDING OFFICER. Without for up to 10 minutes each with the fol- ness to come before the Senate, I ask objection, it is so ordered. lowing exceptions: Senator THOMAS or unanimous consent the Senate stand in SUBCOMMITTEE ON STRATEGIC a designee from 11 to 11:30; Senator adjournment under the previous order. Mr. BAUCUS. Mr. President, I ask DURBIN from 11:30 to 12 noon. There being no objection, the Senate, unanimous consent that the Sub- The PRESIDING OFFICER. Without at 8:29 p.m., adjourned until Monday, committee on Strategic of the Com- objection, it is so ordered. September 10, 2001, at 11 a.m.

VerDate 31-AUG-2001 03:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A06SE6.083 pfrm01 PsN: S06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1595 EXTENSIONS OF REMARKS

PROVIDING WORK AUTHORIZATION ‘‘My biggest joy in all of this is seeing the The School for Strings, in its first 30 years, FOR NONIMMIGRANT SPOUSES number of students who have attended Van- has brought to many the lifelong gift of being OF TREATY TRADERS AND tage who have made real successes of them- able to make music, and the accompanying TREATY INVESTORS selves—especially those who hadn’t done very discipline, concentration, and intellectual stim- well in school before coming here.’’ ulation. These fortunate students will be to- SPEECH OF Though Mr. Brandt officially stepped down morrow’s orchestra musicians, talented ama- HON. JOHN CONYERS, JR. as superintendent on July 1, 2001, he has re- teurs and music lovers. On June 16th, 2001, OF MICHIGAN mains at Vantage as Special Projects Coordi- twelve hundred of these former students gath- nator ensuring a smooth transition for the new ered to fill Carnegie Hall with music, a cele- IN THE HOUSE OF REPRESENTATIVES superintendent. bration of the tremendous contribution the Wednesday, September 5, 2001 Mr. Speaker, year after year professionals school has made to New York City and com- Mr. CONYERS. Mr. Speaker, I support pas- such as Mr. Brandt dedicate their lives to the munities around the country. Congratulations sage of this legislation, which was sponsored future of America. There is no more important to the School for Strings on 30 years of musi- by Chairman GEKAS, Ranking Member JACK- or challenging job than that of our nation’s cal excellence, and I look forward to 30 more SON-LEE, and Congresswoman LOFGREN. Even educators. At this time, I ask my colleagues of years of beautiful music! though current law permits spouses of E visa the 107th Congress to join me in saluting Mr. f holders to come to the United States, those Brandt and all that he has done for the youth PROVIDING FOR WORK AUTHOR- same spouses are not allowed to work here. of Ohio. IZATION FOR NONIMMIGRANT The effect is to limit a household to one in- f SPOUSES OF INTRACOMPANY come for no apparent reason. H.R. 2277 reverses that by simply allowing IN HONOR OF NEW YORK’S SCHOOL TRANSFEREES the spouses to work in the United States. Not OF STRINGS SPEECH OF only is this good for immigrant families, which now would be able to rely on two incomes, but HON. JERROLD NADLER HON. JOHN CONYERS, JR. it also will increase the labor pool and in- OF NEW YORK OF MICHIGAN crease tax revenues. For these reasons, the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES bill passed both the Immigration Sub- Thursday, September 6, 2001 Wednesday, September 5, 2001 committee and the full Judiciary Committee by voice votes. Mr. NADLER. Mr. Speaker, I rise today to Mr. CONYERS. Mr. Speaker, I support pas- f honor New York’s School for Strings on its sage of this legislation, which makes two posi- 30th Anniversary. The School for Strings, tive changes to immigration law. First, be- A SPECIAL TRIBUTE TO MR. ROB- which annually trains approximately 300 stu- cause of how current immigration law oper- ERT L. BRANDT ON HIS RETIRE- dents and thirty teachers of violin, cello, and ates, multi-national companies are having a MENT AS SUPERINTENDENT piano, is one of the oldest and most distin- difficult time encouraging overseas employees FROM THE VANTAGE CAREER guished Suzuki programs in the United States. to work in the United States. This is because CENTER The school’s founder and director, Miss Louise U.S. law would not permit the spouses of Behrend, was one of the first musicians and those employees to work here; in essence, if HON. PAUL E. GILLMOR teachers to bring the Suzuki approach to the the employee wants to relocate to the United OF OHIO United States, and the success of the program States with a spouse, that spouse would have IN THE HOUSE OF REPRESENTATIVES today is evidence of her persistence and the to give up his or her career. The effect is to school’s excellence. deny such families the ability to seek two in- Thursday, September 6, 2001 In its first thirty years, the School for Strings comes and to limit our revenues from taxing Mr. GILLMOR. Mr. Speaker, it is an honor has enriched the lives of over one thousand that second income. To rectify this, H.R. 2278 to rise today to recognize a great man who families, teaching many the skills needed to changes the law so that spouses of intra-com- has touched many young lives, Mr. Robert L. earn placement in some of the finest graduate pany transferees can work in the United Brandt. Mr. Brandt has spent the last 25 years programs and orchestras in the country. States. as superintendent of the Vantage Career Cen- Former School for Strings students can be Second, current law requires that intra-com- ter in Van Wert, Ohio. This month, he is step- heard in the orchestras of the Metropolitan pany transferees be continuously employed in ping down to take a less active role for the re- Opera, the Boston Symphony, the Chicago the United States for one year before being el- mainder of the year when he will officially re- Symphony, and numerous other world-class igible for permanent residency here. This long tire. groups, and at the music conservations of waiting period makes it difficult for employers In his 25 years, Mr. Brandt has turned the such distinguished schools as Julliard, East- to bring qualified employees to the United Vantage Career Center into one of the shining man, Curtis, Peabody, and Oberlin. Equally States. H.R. 2278 corrects this situation by re- stars in the State of Ohio. In 1974, he was prominent is the school’s Teacher Training ducing the waiting period to six months. This asked to join the effort to create a vocational Program, which has graduated more than 400 bill is good for immigrant families, and it is school for Van Wert. He was responsible for qualified Suzuki teachers who bring their good for employers. choosing the site and developing a building fi- knowledge of music to many eager mind f nancial plan to have the school open in two around the country. years. Right on schedule, the doors of the The School for Strings has also added A SPECIAL TRIBUTE TO MR. Vantage Vocational School, as it was originally music into the lives of many underprivileged ALBERT ‘‘ALLIE’’ J. ALLMAN known, opened in 1976 serving only four children through its Start-Up Program. The school districts. Today, more than eleven Start-Up Program pairs children with SFS HON. PAUL E. GILLMOR school districts send their students to the Van- teacher trainees at reduced rates. After three OF OHIO tage Vocational School. In addition, each year years, many of the students continue the Su- IN THE HOUSE OF REPRESENTATIVES more than 5,000 dollars adults gain valuable zuki Program with scholarship assistance for work and career skills through Vantage’s Adult the school. For the past five years, the School Thursday, September 6, 2001 Education Program. for Strings has offered an after-school Suzuki Mr. GILLMOR. Mr. Speaker, it is with great Mr. Brandt has never taken his eye off what program at PS 116 with lessons three times a pride that I rise today to recognize a close was truly important, the students. In a recent week in violin and cello for elementary school- personal friend of mine, Mr. Albert ‘‘Allie’’ J. newspaper article he was quoted as saying, age students. Allman, Jr. I have been fortunate to call Allie

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

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.000 pfrm02 PsN: E06PT1 E1596 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 my friend for more than 30 years. Over his flect greater gender equity. Her long-fought chusetts in celebrating the nomination of Doc- lifetime, he has dedicated himself to working battle for equality in the system surely made tor Harvey ‘‘Jerry’’ Claremont as the 2001 for the benefit of his country, the State of Ohio a tangible and vital difference in the lives of a ‘‘Spirit of Shrewsbury’’ Grand Marshall. For and the Tiffin community. generation of New York City teachers. many years, Dr. Claremont has been a distin- His volunteerism began in 1943 as a Navy After having her second child, she returned guished member of the Shrewsbury commu- serviceman, and has continued in various po- to the classroom, where she remained until nity, thanks to his countless efforts to help the litical, social and service organizations includ- her retirement in 1991. In 1992, Mrs. Plotz- less fortunate. ing the City Council, the Park Board, the Betty Pierce was invited to join the teaching fac- Dr. Claremont and his wife, Anne Marie Jane Rehabilitation Center, the Cerebral Palsy ulties of Touro College and the Education De- Pelletier, have long given of their time. Over Committee, the Elks, the Sierra Club, and as partment of City College. During the next the past twenty years, his family has adopted a Eucharistic minister at St. Joseph’s Catholic seven years, she trained and mentored new seven Korean children into their home. In ad- Church. teachers for the New York City Board of Edu- dition, over thirty children have stayed with the While serving as secretary of the Chamber cation, passing her years of knowledge and family while they have been in this country re- of Commerce in 1955, he aided in forming experience on to the next generation. ceiving medical treatment. Dr. Claremont Tiffin’s first industrial and economic develop- Throughout a lifetime of learning, teaching, worked for twenty-seven years as a general ment corporation, and in acquiring land for the and mentoring, Deborah Ritter Plotz-Pierce and vascular surgeon while recruiting volun- Seneca County Airport and Riverview Inn has provided such inspiration to her students teers and founding Children’s HealthCare and Complex. From 1952 through 1961, Allie was that they gather after 35 years to celebrate Nutritional Goals Through Education. That the Director of the Community Chest, which and thank her. She is truly a model educator, group has sent volunteers to developing coun- was a forerunner of the United Way. and I join her students in thanking her for a tries in order to see patients, perform oper- Although he is semi-retired after 22 years as lifetime of dedication to the students of New ations, and deliver medical supplies. Dr. Clare- a claims manager of United Insurance Com- York City. mont was instrumental in creating a free med- pany, Allie is still active in politics. Allie is well f ical clinic in the town of Shrewsbury that is re- respected by many public officials throughout SCHEDULE sponsible for helping uninsured patients. Ohio because of his ability to work with all Mr. Speaker, it is with tremendous pride that people and see all sides of a situation. HON. RICHARD K. ARMEY I acknowledge the outstanding work of Dr. Allie is currently secretary of the Seniors Harvey Claremont. I congratulate him, and OF TEXAS And Lawman Together (S.A.L.T.) Council, wish the town of Shrewsbury the best of luck IN THE HOUSE OF REPRESENTATIVES which he helped form. This organization unites on the 2001 Spirit of Shrewsbury Celebration. Thursday, September 6, 2001 seniors and law enforcement officers in work- f ing together for a safer community. Mr. ARMEY. Mr. Speaker, I am pleased to Mr. Speaker, I ask my colleagues of the announce that the House has completed its REQUIRING A REPORT ON THE OP- 107th Congress to join me in saluting Allie for legislative business for the week. ERATIONS OF THE STATE JUS- his years of service to the Tiffin community The House will next meet for legislative TICE INSTITUTE and the State of Ohio. I want to also wish my business on Monday, September 10 at 12:30 SPEECH OF dear friend, his wife Jane, their five children p.m. for morning hour and 2 o’clock p.m. for and their seven grandchildren all the best in legislative business. The House will consider a HON. JOHN CONYERS, JR. their future endeavors. number of measures under suspension of the OF MICHIGAN f rules, a list of which will be distributed to IN THE HOUSE OF REPRESENTATIVES member’s offices tomorrow. On Monday, no Wednesday, September 5, 2001 A TRIBUTE TO DEBORAH RITTER recorded votes are expected before 6 o’clock PLOTZ-PIERCE p.m. Mr. CONYERS. Mr. Speaker, I support pas- On Tuesday and the balance of the week, sage of this bill and would like to commend HON. JERROLD NADLER the House will consider H.R. 2586, the Na- Chairman COBLE and Ranking Member BER- tional Defense Authorization Act for Fiscal MAN for bringing it to the full House. The State OF NEW YORK Justice Institute was established as a non- IN THE HOUSE OF REPRESENTATIVES Year 2002. Mr. Speaker, the International Relations profit corporation in 1984 to award grants to Thursday, September 6, 2001 Committee has had under consideration today improve the quality of justice in State courts Mr. NADLER. Mr. Speaker, I rise today to H.R. 2646, the Farm Security Act of 2001. The and develop new and efficient solutions to recognize Deborah Ritter Plotz-Pierce for a Agriculture Committee completed its consider- problems faced by all courts. lifetime of educating and inspiring New York ation of the bill prior to the Summer District Unfortunately, Congress has not conducted City students. A group of her most dedicated Work Period. As we move into next week, we oversight over the Institute in approximately 15 fans, students in her sixth grade class of will also be taking a look at this important years, so we have no information about how 1963–64, will be gathering on Sunday, Octo- piece of legislation as a possibility for consid- it is functioning. This bill solves that problem ber 7th to thank her for the significant role she eration on the floor. by requiring the Attorney General to submit a played in shaping their lives. In the words of One final note, Mr. Speaker: Next week will report to Congress on how the Institute is one of her students, she sparked the imagina- be our only full week of legislative business in functioning and how successful its grants have tion of her students to ‘‘achieve, accomplish, the House during the month of September due been in improving the quality of judicial edu- reach and claim their place in the American to the Jewish holidays that fall in the later half cation. Once that report is received, Congress Dream.’’ of the month. After consultation with Minority can better oversee the Institute and determine After graduating from Brooklyn College, Leader GEPHARDT, I released an updated Sep- what resources it needs. Deborah Plotz-Pierce began a career that tember schedule to all members last month f would impact the lives of countless students. detailing the House’s schedule during the Jew- IN SPECIAL RECOGNITION OF THE From 1958 to 1965, she worked at PS 213 in ish holidays. If members have any questions FIVE MILLION HOUR SAFETY the East New York section of Brooklyn, where regarding the September schedule, they MILESTONE ACHIEVED AT THE she was assigned to work with gifted and tal- should feel free to contact my floor office for DAVIS-BESSE NUCLEAR POWER ented students and their parents. After more information at any time. STATION OAK HARBOR, OHIO marrying Milton Plotz-Pierce and having her f first child, she would begin a battle that would TRIBUTE TO DOCTOR HARVEY HON. PAUL E. GILLMOR impact the lives of many women. After falling ‘‘JERRY’’ CLAREMONT OF OHIO victim to the rules that governed pregnant IN THE HOUSE OF REPRESENTATIVES New York City female teachers at that time, she filed a sexual discrimination complaint HON. JAMES P. McGOVERN Thursday, September 6, 2001 OF MASSACHUSETTS against the Board of Education. Over the Mr. GILLMOR. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES course of the next four years, Mrs. Plotz- pleasure that I rise today to express congratu- Pierce’s case ascended to the Court of Ap- Thursday, September 6, 2001 lations to employees of the Davis-Besse Nu- peals, whose decision led to the amendment Mr. McGOVERN. Mr. Speaker, I rise today clear Power Station for having achieved a sig- of the New York City Maternity By-Laws to re- to join the community of Shrewsbury, Massa- nificant safety milestone. On August 9, 2001

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.005 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1597 the employees of the Davis-Besse Nuclear People who give so much of themselves, as President Fox and Mexican Parliamentarians Power Station will have worked five million Bill Green, do not do so for the recognition. on issues of mutual interest in the years to hours without a lost-time accident. However, he certainly deserves to receive it. come. As the first nuclear power plant in Ohio, the Mr. Speaker, I am proud to congratulate Bill f Davis-Besse Nuclear Power Station, since be- Green as well as his wife Susan and their ginning operation in 1977, has generated daughters Katie and Emily, for all their hard DETERMINATION OF SUBSTANTIAL more than 110 billion kilowatt-hours of elec- work, dedication and generosity on behalf of NEW QUESTIONS OF PATENT- tricity, enough power to supply about 20 mil- CHIP, and wish them health and much happi- ABILITY IN REEXAMINATION lion homes with electricity for an entire year. ness in the years to come. PROCEEDINGS The plant produces enough electricity to meet f SPEECH OF the demand of about half the people in north- west Ohio. RECOGNIZING THE IMPORTANT HON. JOHN CONYERS, JR. Not only have Davis-Besse employees oper- RELATIONSHIP BETWEEN THE OF MICHIGAN ated the plant reliably, they have observed the UNITED STATES AND MEXICO IN THE HOUSE OF REPRESENTATIVES highest standards of safety, as well. So, again, SPEECH OF Wednesday, September 5, 2001 it is my pleasure to recognize this important Mr. CONYERS. Mr. Speaker, I support pas- safety milestone. Five million hours without a HON. JOSEPH CROWLEY sage of this bill and would like to commend lost-time accident means that, for more than OF NEW YORK Chairman COBLE and Ranking Member BER- three years, no employee has missed work IN THE HOUSE OF REPRESENTATIVES MAN for acting on this issue because our pat- due to a work-related illness or accident. Wednesday, September 5, 2001 ent system is in need of repair. Specifically, Employees and managers at Davis-Besse the reexamination process—which lets parties have been able to achieve this and other mile- Mr. CROWLEY. Mr. Speaker, I rise today in bring challenges to patents that have been stones by paying close attention to detail and support of H. Con. Res. 233. On a day when issued—may not be functioning as planned striving for excellence in even minor daily ac- President Fox makes his first official visit to because of the substantive and procedural tivities. Because of this operating philosophy, Washington, I cannot think of a better day to limits involved. As a result, applications that Davis-Besse has been recognized within the honor and recognize the importance of our re- should not receive patents not only receive nuclear industry as a top performing plant. lationship with our neighbor to the south, Mex- ico. them, but keep them after a review process. In addition to being an important power pro- One reason for this is that the Federal Cir- ducer, the plant also is an important asset to The ties that bind our nations together span the course of hundreds of years. From a cuit ruled in a 1997 case called In re Portola the local community. It is one of the largest Packaging that the PTO could not, in reexam- local employers, conducts business with more confrontational beginning to a cooperative fu- ture the United States and Mexico will always ination, revisit patents and publications it had than 800 other businesses in Ohio and is a before it during the initial examination process. strong supporter of such causes as United have a special connection. The election of President Fox represented a This ruling basically nullified the reexamination Way, Ohio Reads, Boy Scouts of America, nu- process and has prevented examiners from merous wildlife and environmental organiza- remarkable day in the history of Mexico. On this day, Mexico cast aside 71 years of single reviewing patents carefully. It is understand- tions, and other charities. able why, at a recent hearing on this topic, the The economy of Ohio, and the country, is party rule and officially joined the community opinion of our witnesses on the need to re- driven in part by safe, reliable energy, particu- of democratic nations. It is my sincere hope verse this ruling was unanimous. larly electricity. The Davis-Besse plant has that this smooth and peaceful transition of governments becomes the model for the fu- Fortunately, the Chairman and Ranking proved itself a valuable asset in meeting our Member were able to work with numerous pat- energy needs. And I ask all of my colleagues ture of Mexico. In the realm of trade, over 80% of all Mexi- ent experts on how to resolve this issue. At of the 107th Congress to join me in recog- the same time, I hope we can still resolve nizing the excellent work of the employees at can exports are sent to the United States, and nearly three-quarters of its imports come from other outstanding issues in the reexamination the Davis-Besse Nuclear Power Plant. process, such as what kinds of materials—or f the United States. Though our financial inter- action is an important component, this rela- prior art—PTO examiners can consult. HONORING WILLIAM GREEN tionship is not solely based on economics. f With millions of people of Mexican descent liv- SUPPORT OF TAIWAN’S BID TO RE- HON. STEVEN R. ROTHMAN ing in cities throughout the United States, ENTER THE UNITED NATIONS OF NEW JERSEY Mexican culture, cuisine, and music have be- IN THE HOUSE OF REPRESENTATIVES come pervasive in American society. HON. PETER T. KING In my own district in Queens, New York, the OF NEW YORK Thursday, September 6, 2001 Mexican population has been the fastest grow- IN THE HOUSE OF REPRESENTATIVES Mr. ROTHMAN. Mr. Speaker, I rise today to ing immigrant group. It always amazes me to pay tribute to a man who has dedicated him- watch the development of these men, women Thursday, September 6, 2001 self to improving housing opportunities for and children as they work tirelessly to succeed Mr. KING. Mr. Speaker, I rise today in sup- people throughout Bergen County. Mr. Speak- in the United States. Despite their presence in port of Taiwan’s bid to re-enter the United Na- er, I rise to honor William Green of River Vale, the United States, the homeland is never for- tions and the right of its 23 million citizens to New Jersey, this year’s chairperson of the gotten. The connection to their roots and fam- have their voices heard in that world body. Community Housing in Partnership’s (CHIP) ily in Mexico remains strong each and every Taiwan is an economic powerhouse—con- Golf Invitational. day. The Mexican community is truly a credit sistently ranking among the world’s top econo- As the Chairperson of this year’s tour- to the American economy, American culture mies over many years. Its GNP and popu- nament, Bill has worked long hours to make and American values. lation are larger than three quarters of the ex- the CHIP Golf Invitational an enjoyable experi- This is why I support President Vicente isting member countries of the UN. Taiwan ence for participants, as well as raise funds to Fox’s effort to create a new immigration policy holds approximately $100 billion in foreign ex- develop affordable housing in Bergen County. between the U.S. and Mexico which unites change reserves. Significantly, it is the sev- It is a testament to his dedication that Bill has families separated by U.S. immigration law enth largest trading partner to the United balanced this responsibility with his busy full- and provides the American economy with crit- States. time job as a Senior Vice President at MetLife. ical employees through the guest visa pro- Taiwan has used its economic resources to Bill’s work at CHIP will help change the lives gram. assist developing countries and contribute to of so many in our community by developing Through NAFTA and geography, our coun- international organizations. Taiwan sent over affordable housing. Thanks to CHIP, inde- tries are connected and our economies are 10,000 experts to train technicians in devel- pendent living options now exist for working linked. By helping our neighbors to the south, oping countries and has provided aid to coun- low-income families, senior citizens, recov- we are helping our own country grow and tries in need including a generous aid package ering alcoholics, and formerly homeless indi- prosper in the 21st century. to Kosovo. It understands the meaning of re- viduals. And CHIP has teamed up with the It is these unique circumstances, which sponsibility among the community of nations Bergen County Community Action Program to makes our relationship with Mexico so impor- and is prepared and able to actively support provide supportive services, as well. tant. I look forward to working closely with the endeavors of the United Nations.

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.010 pfrm02 PsN: E06PT1 E1598 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 Taiwan is an openly democratic society. men. For this toll on the enemy 22 Tigers system and has the support of numerous pat- Free and fair elections are held at all levels of made the ultimate sacrifice, never to return to ent experts. government. Two years ago, Chen Shui-bian the country they had served so honorably. f was the first President from the opposition During his tour with the Flying Tigers, Ken party to be elected as Taiwan’s president. In Jernstedt served as a flight leader of the 3rd PERSONAL EXPLANATION addition, Taiwan’s constitution guarantees its Squadron. In combat against the enemy, he citizens freedom of assembly, expression and scored 101⁄2 victories in his PÐ40 fighter, earn- HON. MARK FOLEY association, freedom of religion and freedom ing him the Distinguished Flying Cross, one of OF FLORIDA of the press. the highest decorations awarded by the United IN THE HOUSE OF REPRESENTATIVES President Chen has been a bulwark of sup- States for valor in aerial combat. Following the Thursday, September 6, 2001 port for human rights. He has committed Tai- disbandment of the Flying Tigers in 1942, Ken wan to upholding the Universal Declaration of became an experimental plane test pilot, a job Mr. FOLEY. Mr. Speaker, on rollcall Nos. Human Rights, the International Covenant of no less dangerous than combat against the 333 and 334, I was inadvertently detained. Civil and Political Rights, and the Declaration Japanese. Among the planes he piloted was Had I been present, I would have voted ‘‘yea’’ and Action Program of the 1993 Vienna Con- the PÐ47 Thunderbolt. on both measures. ference on Human Rights. Later in his life, Ken directed his tremen- f Since his election, President Chen has con- dous energies toward less dangerous endeav- tinued to seek renewed political and commer- ors. After serving as mayor of the City of Hood PERSONAL EXPLANATION cial dialogue with the Chinese mainland. Tai- River from 1959 to 1960, he was elected to wan believes that its membership in the the State Legislature, where he served with HON. BILL PASCRELL, JR. United Nations would have a positive effect on distinction in both the House and Senate for a OF NEW JERSEY peace and stability in the region. This belief is combined 20 years. Following his departure IN THE HOUSE OF REPRESENTATIVES supported by such examples as East and from the Senate, Ken again served as mayor Thursday, September 6, 2001 West Germany which were both members of of Hood River from 1989 to 1990. In addition the UN and by the membership of both North to his invaluable public service at both the Mr. PASCRELL. Mr. Speaker, I was un- and South Korea which have been seeking an local and state levels, Ken has served as hon- avoidably detained by a delayed flight and improved relationship. orary chair of the Air Safety and Education was unable to be present last night for floor A number of countries have asked the Foundation of the Oregon Pilots Association. votes. United Nations to reconsider Taiwan for UN In the future, as generations not yet born If had been present, I would have voted in membership. Both Houses of the U.S. Con- pass through the gates of Ken Jernstedt Air- the affirmative on H.R. 2291 and H. Con. Res. gress, by large margins, have endorsed Tai- field, they will be reminded of this giant of a 233. wan’s desire for participation in the United Na- man. If they admire courage in the face of f tions. The time has come for Taiwan to offi- danger, if they value personal sacrifice in a PERSONAL EXPLANATION cially enter the community of nations. culture of self gratification, and if they cherish f freedom in a world filled with oppression, they will salute him as I salute him today. Ken HON. BOB ETHERIDGE TRIBUTE TO KENNETH JERNSTEDT Jernstedt is, in a word, a patriot. For one who OF NORTH CAROLINA so values the liberty that was purchased with IN THE HOUSE OF REPRESENTATIVES HON. GREG WALDEN the courage of men like him, I can think of no Thursday, September 6, 2001 OF OREGON higher compliment. Mr. ETHERIDGE. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES f offer a personal explanation. Yesterday, I was Thursday, September 6, 2001 PROVIDING FOR APPEALS BY absent from the Chamber as I attended the fu- Mr. WALDEN of Oregon. Mr. Speaker, it is THIRD PARTIES IN CERTAIN neral of Liston Ramsey, the late Speaker of with great pleasure that I take this opportunity PATENT REEXAMINATION PRO- the North Carolina House of Representatives. to recognize one of Oregon’s most distin- CEEDINGS During that time, I was not present to vote on guished sons, Kenneth Jernstedt, on the occa- Roll Call Votes 333 and 334. Had I been sion of the dedication of Ken Jernstedt Airfield SPEECH OF present, I would have voted Yes on both. I ask on September 8, 2001, in the City of Hood HON. JOHN CONYERS, JR. that my statement be submitted in the appro- River, Oregon. OF MICHIGAN priate place in the RECORD. A devoted husband and father, a fearless IN THE HOUSE OF REPRESENTATIVES f warrior, a public servant, and a friend to the people of the Columbia Gorge, Ken Jernstedt Wednesday, September 5, 2001 VERMONT HIGH SCHOOL STUDENT is as fine an American as I have ever known. Mr. CONYERS. Mr. Speaker, I support pas- CONGRESSIONAL TOWN MEETING Naming the airfield in Ken’s honor is a fitting sage of this bill and would like to commend tribute to a man who not only has served this Chairman COBLE and Ranking Member BER- HON. BERNARD SANDERS community so ably, but who personifies avia- MAN for addressing this issue. The patent re- OF VERMONT tion in Oregon. From his days as a combat examination process, which lets parties chal- IN THE HOUSE OF REPRESENTATIVES pilot in the skies over China to his service as lenge patents that the PTO already has Thursday, September 6, 2001 a test pilot after his return, Ken is an airman issued, is subject to numerous procedural and through and through. arbitrary limits that inhibit its effectiveness. Mr. SANDERS. Mr. Speaker, today I recog- Recruited from the U.S. Marine Air Corps in For example, section 315 of the patent law nize the outstanding work done by participants 1941, Ken Jernstedt was among a restless says third parties who file for a reexamination in my Student Congressional Town Meeting and eager group of young pilots who an- and then lose can file an administrative appeal held this summer. These participants were swered the call to protect the Burma Road, a but then cannot appeal that decision to the part of a group of high school students from vital support line into China. These young men Federal Circuit. The law gives only a patent around Vermont who testified about the con- made up the American Volunteer Group, com- owner the right to appeal to the Federal cerns they have as teenagers, and about what monly known as the Flying Tigers, a clandes- courts. That provision contradicts the very pur- they would like to see government do regard- tine organization of American civilian volun- pose of reexamination—if someone feels the ing these concerns. teers that became operational even before the PTO incorrectly rules on an issue of patent- I am asking that these statements be print- United States entered the war against Japan. ability, that party should have the right to an ed in the CONGRESSIONAL RECORD, as I be- The Flying Tigers served in China and appeal. lieve that the views of these young persons Southeast Asia from December, 1941 to July, Fortunately, the legislation before us re- will benefit my colleagues. 1942 under the command of their charismatic solves this problem. It amends the law so that REGARDING THE MEDIA IN PUBLIC LIFE, MAY leader, Claire Chennault. In just six months of any party in reexamination—the patent owner 7, 2001 combat operations, Jernstedt and his com- or the third party—can appeal a decision of APRIL LEICHTNAM: ‘‘There are two ways rades-in-arms were credited with destroying the PTO to the Federal Circuit. This legislation to slide through life; to believe everything or 296 enemy planes and more than 1,000 air- will go a long way to shoring up our patent doubt everything. Both ways save us from

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.014 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1599 thinking.’’ Alfred Korzybski. The media physical abuse, profanity, voter apathy, and to have somebody explain what I need, you plays an important role in the lives of all pornography. Therefore, we conclude that know, like how to do it. Or if I just have a human beings. There are numerous different media literacy classes should be offered in teacher in front of me saying, this, and there forms of media. Some of these forms are every high school in the state of Vermont. you go, I won’t know anything, and then I printouts such as newspapers, books, fliers, won’t do it. billboards, clothing, signs and magazines. CONGRESSMAN SANDERS: So you think REGARDING PUBLIC SCHOOLS, MAY 7, 2001 Along with print media, there is nonprint different types of kids respond to different— media, such as television, radio, movies, cas- PATTY RALSTON: We have a video. SELENIA COGHLAN: Everybody is dif- sette tapes, CDs, videotapes, Internet and CONGRESSMAN SANDERS: You have a ferent. I feel like everybody is different and other electronic modes of communication. video? everybody learns differently. There are kids When the media constructs the message they PATTY RALSTON: Yes. that can learn things a lot quicker, and lots would like to convey, they have two things (Videotape played.) of people that can’t. And I feel it is good to in mind. They have a purpose, and they de- CONGRESSMAN SANDERS: Thank you have alternatives for pregnant and parenting sign them to evoke a certain response from very much for that excellent video. Who teens, and just for other kids that need the their audience. wants to begin verbal presentation now? You extra help, even if they are not pregnant or LAURA DICK: The main purpose of the don’t think you are going to get away with parenting. media is to inform people of the things just the video, do you? Just because you are around them, to persuade them into doing TV stars does not exempt you from dis- f cussing it. Your name again? and buying things, to entertain them by EXPRESSING SORROW OF THE showing them false images, and to sell prod- SELENIA COGHLAN: Selenia Coghlan. ucts by not always telling what is true. Also, Like I said on the video, I just feel that HOUSE REGARDING DEATH OF when constructing ads, the advertisers look like—I’m not in public school right now, but THE HONORABLE FLOYD SPENCE to make the ad appealing to those who are I go to the Learning Edge. I’m getting my FROM THE STATE OF SOUTH seeing it. They use many different types of adult diploma. But when I was in the middle CAROLINA techniques. Some of these techniques include school or public schools, I feel that, if you humor, comparisons, economics, social pres- are on a different level than the other kids, SPEECH OF tige, emotional appeal, appeal to fears and like if you can’t read as well or you can’t do insecurities, statistics and studies, exotic ap- math as well, they treat you a lot dif- HON. BOBBY L. RUSH peals, a sense of belonging, a sense of mas- ferently. And, basically, I feel it is the teach- OF ILLINOIS tery, a desire to be noticed, consumer com- ers’ fault, because they’re there to educate IN THE HOUSE OF REPRESENTATIVES pliments, the use of parental figures, and you and they should be the ones to teach also ‘‘weasel’’ words. many of these tech- you, and when you get your diploma, it Wednesday, September 5, 2001 niques are designed to target a certain audi- shouldn’t be just because you got passed Mr. RUSH. Mr. Speaker, Like most of my ence. Also, a lot of these claims on TV make along. You should know something. colleagues, I was in my district—the southside ads meaningless. for example, an ad will say, CONGRESSMAN SANDERS: Let me back of Chicago—when the news of the death of ‘‘virtually spotless,’’ instead of just ‘‘spot- you up here. I don’t know that everybody less,’’ which does not mean the dishes will be knows. Why don’t you guys say a few words our friend, FLOYD SPENCE, came. I was totally spotless, but it makes one think they about the Lund Home? How is the Lund shocked and saddened by the knowledge that will be. Some other common advertising Home different from other schools? this institution had lost, yet, another Member. techniques include bandwagon, attraction, SELENIA COGHLAN: The Lund Home is Born in 1928 in South Carolina, FLOYD happy families, something-for-nothing, for young parenting and pregnant teens. And SPENCE was a product of the South Carolina testimonials, ‘‘all natural,’’ nostalgia, and is it a small class, where all females that are schools and a member of the U.S. Naval Re- patriotism. We ask have a statistic that pregnant or parenting can get their diploma serve. He was first elected to public office in shows the influence on media on the lives of or GED. And they take math, history, every- 1956, the South Carolina Legislature, and he many people today. For example: thing that public schools take, and they also APRIL LEICHTNAM: During one year, a take parenting skills classes and like things served there until his election to the South child will see approximately 3,000 drinking that you need to know about parenting, or Carolina State Senate in 1966. episodes on television. The average Amer- whatever. If you don’t want to parent, what FLOYD SPENCE began his 30 years of serv- ican child will view approximately 75,000 you could do, or if you want to parent, what ice in this body in 1971 and he served three beer ads by the age of 18. Alcohol advertising you could to. terms as Chairman of the Armed Services/Na- accounts for 3 to 5 percent of total revenue CONGRESSMAN SANDERS: Thank you. tional Security Committee in the House before on TV, and 12 percent on radio. Prime time Next? yielding the gavel to his successor at the be- and soap operas expose teenagers to sexual PATTY SALVAS: I never went to public ginning of the current Congress. Throughout scenes every nine minutes. Fewer than 6 per- schools in Vermont, but I do know that a lot cent of males and 2 percent of females on TV of the public schools aren’t very friendly to his Congressional career, FLOYD SPENCE are obese, yet 25 to 45 percent of the Amer- teen moms, and for like the people on wel- served the citizens of South Carolina’s Second ican population is overweight, and two major fare, they don’t give them enough initiative. Congressional District, and the citizens of this health problems among teens are anorexia So they need to be more sympathetic to- nation, well. and bulimia. The average American watches wards them. Mr. Speaker, FLOYD SPENCE was my neigh- 1,000 hours of television every year. In 1991, CONGRESSMAN SANDERS: Okay. bor in the Rayburn Building. I will remember three out of four households owned a VCR. PATTY RALSTON: People shouldn’t real- his cheerful greetings as we passed in the The average American sees about 32,000 com- ly, like just cause we had kids young and ev- hallways and in the elevators. He was always mercials every year. In 1998, a 60-second com- erything too, doesn’t mean like—you know mercial cost $2,600,000 during the Super what I mean? Because I will make it, and optimistic, always upbeat, always energetic, Bowl. The average American household owns whether anybody says I won’t, I will. always courtly, always the gentleman. I will two to three televisions. The average child CONGRESSMAN SANDERS: How many also always appreciate the unfailing kindness views 10,000 murders, raps and aggravated as- students are there at Lund? and courtesy of his staff. saults in one year. 20 to 28 hours per week PATTY RALSTON: We go to the Learning Mr. Speaker, my prayers go with his family, are spent viewing television. This is the only Edge. It is a different program, but there is his friends, his constituents and his staff, at activity we spend more time doing besides like seven, eight—ten right now. Ten right this time of sorrow. I ask my colleagues to join sleeping. Four out of five Americans believe now. me in support of this Resolution expressing violence on TV causes real violence. Beer CONGRESSMAN SANDERS: And do you commercials air while drinking portrayal oc- think the Learning Edge does things for the condolences of this House on the passing curs five times per hour. Average high school young parenting moms that a public school of the Honorable FLOYD SPENCE. students spend two to three hours a day often does not do? f watching TV on school days, and eight hours PATTY RALSTON: Yes. They’re helpful. a day on weekends. 90 million households And they’re always there if you need like RECOGNIZING THE 275TH ANNIVER- own at least one TV set. 63 percent have two support or anything. They are there. You SARY OF PRINCE GEORGE’S PAR- or more sets. By the first grade, the average know they’re there. ISH child has seen 5,000 hours of TV. There are SELENIA COGHLAN: The other students more people in the world who have tele- that were talking before us, they said some- visions than indoor plumbing. In promoting thing, the other side—what is it called? HON. CONSTANCE A. MORELLA things that are not reality, the media pro- CONGRESSMAN SANDERS: Alternative. OF MARYLAND motes such complex problems as drug addic- SELENIA COGHLAN: Alternative schools. IN THE HOUSE OF REPRESENTATIVES tion, crime, teen pregnancy, promiscuous I think those are really great for kids. Some Thursday, September 6, 2001 sex, materialism, violence, racism, eating people do have problems maybe, with family, disorders, tobacco and alcohol consumption and that is why the are there, but some kids Mrs. MORELLA. Mr. Speaker, I rise today in by teens and younger children, sexual and learn slower than other kids. Like me, I have recognition of the 275th anniversary of the

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.020 pfrm02 PsN: E06PT1 E1600 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 founding of Prince George’s parish. The Par- an opposition party replaced the ruling party. ant. He began his service to the SEC as the ish, and its home, Christ Episcopal Church, Today, Taiwan’s democracy is in full bloom. Director of Northeast Regional Office in 1991. make up the oldest congregation in Rockville, Every political office is contested through free He later moved to Washington, DC to become Maryland. and fair elections, thus dispelling the myth that General Counsel and then, in 1998, he took In 1726, the Prince George’s Parish was democracy and Asians don’t mix. the reigns as Director of Enforcement, the excised from the original southern Maryland Taiwan’s rapid evolution into a full fledged Commission’s largest division. Mr. Walker has parishes, and began to serve the small popu- democracy with a capitalist free-market econ- worked tirelessly for reform in securities litiga- lation on the banks of Rock Creek. The origi- omy clearly signals that Taiwan is ready to tion and earned his reputation as a brilliant, nal log chapel was replaced in 1808 by a brick play a larger role on the international stage. dedicated, and creative leader. As he returns church, and then in 1822, moved one mile to Already, Taiwan is a member of the Asia-Pa- to work in the private sector, Mr. Walker hum- downtown Rockville. cific Economic Cooperation and participates bly calls his service to the SEC the ‘‘highlight During the Civil War, Christ Church played actively in the Asian Development Bank, the of his legal career’’. We call his commitment a role in the underground railroad, despite the European Bank for Reconstruction and Devel- presence of slave owners within the parish. opment, and the Inter-American Development an extraordinary contribution. Following the war, in 1884, the parish began Bank. America’s investors benefited greatly while construction of its current building, strongly in- Congress has repeatedly recognized Tai- Mr. Walker headed the SEC’s nationwide en- fluenced by the popular gothic revival architec- wan’s desire to broaden its participation in the forcement effort. He led the division’s fight ture. A short time later, in 1896, Christ Epis- international arena by adopting legislation sup- against earnings management and other finan- copal Church joined the newly founded Dio- porting Taiwan’s participation in the World cial reporting abuses. He was the key force cese of Washington, forming a community of Health Organization. The aftermath of the behind some of the most significant financial churches in the Washington, D.C. metropolitan 1999 earthquake is a perfect example of why fraud cases ever brought forward in the history region. Taiwan should be allowed to participate. Un- of the Commission, including those cases The past century has seen a series of addi- like other disasters around the world, the against: W.R. Grace, Cendant, McKesson tions to the original church building. In the United Nations delayed providing assistance HBOC, Microstrategy, Sunbeam, Arthur An- mid-1960’s, the worship space was expanded to Taiwan until they got permission from dersen, and the 1999 landmark auditor inde- and new classroom space was added. This al- China. If Taiwan had been a participant in the pendence case against WHO, or better still, a member of the United lowed the growing congregation to remain in PricewaterhouseCoopers. downtown Rockville, and cemented the part- Nations, no such delays would have occurred. nership between the parish and the Christ Instead, thousands of Taiwanese suffered A well-respected leader, Mr. Walker also Episcopal School. needlessly until the international community fi- stood out as a team player. He forged working Education plays an important role in Christ nally responded. relationships with state and local prosecutors Episcopal Church. In addition to the presence After one year in office, President Chen and the FBI, resulting in a record numbers of of Christ Episcopal School, the Christ Church Shui-bian has a solid record of achievement criminal prosecutions for violations of federal hosts a seminarian from the Virginia Theo- for his nation. Taiwan continues to seek re- securities law. He passion for justice was evi- logical Seminary for a two-year field education sumption of dialogue with the Chinese main- dent as he attacked organized crime in securi- placement. Parishioners attend weekly bible land regarding eventual reunification. In addi- ties activities by coordinating civil and criminal study and adult covenant classes, where stu- tion, Taiwan has maintained a strong relation- prosecutions. He led several major, successful dents learn about the history of the Episcopal ship with the United States and other friendly undercover sting operations, revealing the church, and the development of the Christian nations. Taiwan stands tall among nations and largest number of people ever charged with faith. All of this is in addition to the normal over the years has played a significant role in securities fraud. Sunday School classes. helping other nations develop. Taiwan has The Commission also established the Inter- Service also plays a leading role at the sent over 10,000 experts to train technicians church. Congregants volunteer at the Rockville in developing countries and has provided aid net Enforcement Program to combat internet Nursing home and with Habitat for Humanity to many countries in need. It has given much securities fraud under Mr. Walker’s direction. of Montgomery and Frederick counties. The to the world and the world community is en- Because of Mr. Walker’s efforts, an estimated church recently hosted visiting preacher Rev- riched as a result. 250 violators were held accountable. He rose erend Joshua Louw, rector of a parish serving Unfortunately, despite Taiwan’s desire to be to the challenge of advancing technology with a population of individuals relocated by apart- a helpful global partner, Taiwan is not a mem- characteristic determination. heid, from the companion Diocese of Cape- ber of the United Nations. It is time for the Mr. Walker received many awards for his town, South Africa. United Nations, on the principles of uni- outstanding contributions during his ten years Of course, worship is the primary function in versality enshrined in the United Nations Char- at the SEC, including: two-time receipt of the the Parish. The Reverends John S. McDuffie ter, to acknowledge Taiwan’s accomplish- Chairman’s Award for Excellence, the Com- and Susan Astarita lead the parishioners in ments and allow Taiwan to be a Member mission’s Distinguished Service Award, the worship every Wednesday and Sunday. State. Commission’s Law and Policy Award for his I am extremely proud to have the Prince Mr. Speaker, Taiwan belongs in the United key role in the government’s successful ap- George’s Parish in my Congressional district. Nations. I personally support Taiwan’s bid to peal in U.S. vs. O’Hagan, a landmark case Its fascinating history and rich tradition of edu- return to the United Nations and I urge other which upheld the misappropriation theory of cation, service, and faith, is a source of inspi- members to do so as well. insider trading. Today we award him with our ration for all Americans. I join with the Prince f deep gratitude and recognize him as an exem- Georges’s parishioners in celebrating this im- plary model of all that is good and right with pressive 275th anniversary. RECOGNITION OF RICHARD H. WALKER’S PUBLIC SERVICE our government. f I applaud him for his achievements while TAIWAN BELONGS IN THE UNITED HON. CAROLYN McCARTHY serving in three demanding positions at the NATIONS OF NEW YORK SEC and thank him on behalf of all those IN THE HOUSE OF REPRESENTATIVES whose lives he affected for the better. As he HON. GARY L. ACKERMAN Thursday, September 6, 2001 returns home, he leaves an important part of OF NEW YORK our government in better condition than when IN THE HOUSE OF REPRESENTATIVES Mrs. MCCARTHY of New York. Mr. Speak- he arrived. He laid the valuable groundwork er, I rise in recognition of Richard H. Walker for our continued efforts to carry out the SEC’s Thursday, September 6, 2001 of New York State. Today, we bid him farewell mission of investor protection. But most impor- Mr. ACKERMAN. Mr. Speaker, in 1996 Tai- as Director of Enforcement of the Securities & tantly, Mr. Walker reaffirms our confidence in wan held the first ever direct election for presi- Exchange Commission and commend him for caring, effective public service. dent and four years later, in the presidential his ten year SEC tenure. More importantly, election of 2000, opposition party candidate today, we offer our deep gratitude for his serv- Mr. Speaker, on behalf of the U.S. House of Chen Shui-bian won the presidential election. ice to the American people. Representatives, I wish Mr. Walker the best of Miraculously, Taiwan had a peaceful transfer An attorney by profession, Mr. Walker luck in his future endeavors and well-deserved of power, and for the first time in fifty years, shared many years of his life as a public serv- success!

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.023 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1601 IMPACT OF FUEL COSTS ON RISING FUEL COSTS AFFECT IN OTHER AREAS family business, Arthur chose to work with his SALES REPRESENTATIVES If it were only the rising cost of fuel per- wife, Rosalinde Gilbert, a struggling dress de- haps the impact would not be so great. These signer. He adopted her surname for business HON. DONALD A. MANZULLO same rising costs effect every phase of my reasons, and the two of them quickly made a business and my life. small fortune producing and marketing her OF ILLINOIS 1. The hotels I use have added energy sur- evening gowns. In 1949, they decided to leave charges without notice. IN THE HOUSE OF REPRESENTATIVES the damp and cold of London for the warm 2. Food and restaurant prices have gone up Thursday, September 6, 2001 due to transportation costs. California sun, and they moved to Los Ange- les, intending to retire. Mr. MANZULLO. Mr. Speaker, I rise today 3. Airlines, busses and trains have also Instead of retiring, Arthur made a second to offer the attached comments of the National added energy surcharges. 4. The convention centers and hotels that fortune in real estate. Arthur ‘‘never made Alliance of Sales Representatives Associations host our trade shows have new energy money just for the sake of making money,’’ as on the impact of rising energy costs on small clauses in their leases. he liked to say, but he will be remembered not businesses. As Chairman of the Small Busi- 5. Retail prices on my products have in- for how he made money, but rather how he ness Committee, I will continue to review the creased because of rising production and spent it. His passion for collecting art came issues raised in the attached letter. shipping charges. When retail prices rise re- tail slows which directly impacts my whole- about almost accidently, while looking for THE NATIONAL ALLIANCE OF SALES decorations for his new home in Los Angeles. REPRESENTATIVES ASSOCIATIONS, sale business. A friend suggested to him that he needed Atlanta, GA, August 2, 2001. CALIFORNIA IMPACTS SALES REPRESENTATIVES Subject: Impact of Increasing and Volatile NATIONALLY some silver to dress up the living room, so he purchased, in his words, a ″schmaltzy cabinet Energy Costs on Sales Representatives As a final insult many sales representa- Chairman DONALD MANZULLO, tives including myself have been affected by by the 18th century silversmith Paul de House Small Business Committee, the energy crisis in California. My business Lamerie.’’ It was also this time that he bought Washington, DC. begins with samples. Recently, I have had his first micromosaics, which are images cre- Mr. CHAIRMAN: As Chairman of the Bureau delays in getting samples, especially from ated by tiny threads of glass. Arthur became of Wholesale Sales Representatives and California. This is due largely to rolling quite enamored with micromosaics, and even- President of the National Alliance of Sales black outs which has slowed production. If I tually purchased over 200 pieces. Representatives Associations I have the op- do not have my samples shipped on time so Mr. Speaker, the New York Times (Sep- portunity to discuss the impact that increas- that I can display them at the trade shows ing and volatile energy costs with many my time and money invested in trade shows tember 4, 2001) noted in its obituary of Mr. other sales representatives. What follows are is lost. Gilbert that ‘‘in time his collection grew to a summary of my experiences but they are At this time I cannot plan my business be- comprise several collections. The silver and typical of what is happening to sales rep- cause the costs keep changing. They never silver-gilt items include scores of ornate tan- resentatives across the country. The Na- go down and yet my income does not in- kards, dishes, candelabra and cups that once tional Alliance of Sales Representatives As- crease proportionately. A business that is decorated the royal and aristocratic dinner ta- sociations (NASRA) is based in Atlanta and run without the ability to plan is doomed to bles of Europe. His gold collection was made represents more than 10,000 sales representa- failure. up of some 20 gold snuff boxes, which like the tives who work in industries like apparel, All costs rise with rising energy prices. 260 micromosaics, and his 80 portrait minia- shoe, gift, furniture, and other related sec- Where does it end? It seems to end with me. tures, are best appreciated through a magni- tors. On a more personal note our family had to fying glass.’’ THE IMPACT OF RISING FUEL COSTS make a very difficult decision. After more than 30 years in a business he loved my hus- Arthur Gilbert was justifiably proud of his When energy costs wildly fluctuate as they band has left the industry. There can be no collection, and frequently he personally led have in the last four months, sales represent- doubt he was literally forced out by these atives who are independent business owners, tours through the museums which housed his rising costs. Unfortunately, more and more find that they have to absorb the rising en- collection. As his collection continued to ex- of my colleagues are making similar deci- ergy costs with no ability to pass any of the pand, it eventually became too large for the sions. It is well known small business is the cost increases on to their customers. As a re- space constraints at the Los Angeles County engine for our country. What will happen sult a season that has already been hurt due when we are unable to run the engine? Museum of Art, where it had been housed for to a slowing economy goes into the prover- some time. In 1996, Arthur accepted an offer bial tank as we are all forced to absorb cost SOLUTIONS to house his collection in the newly renovated increases that cannot be reflected in our Congress needs to look for long-term solu- Somerset House, an 18th century palace in commissions. tions to maintain some level of stability in London, where it is now displayed. He called Here are some personal illustrations of energy costs. The quick fixes have been how these costs increases have affected my meaningless to me. We need a long view en- it ‘‘Britain’s heritage regained,’’ since many of business. My territory consists of Pennsyl- ergy policy. We MUST put stability ahead of the pieces originally belonged to British aris- vania, Maryland, New Jersey, Delaware and volatility so that small business owners can tocrats. The collection—valued at over $200 The District of Columbia. plan. million—has been open to the public since I travel in excess of 50,000 road miles per Mr. Chairman I wish to thank you for May of last year. In appreciation of this lavish year and I make a minimum of five trips an- looking into this issue and for your assist- bequest, Arthur Gilbert, who never renounced nually to key areas of my territory. In addi- ance to the National Alliance of Sales Rep- his British citizenship, was knighted in 1999. tion, I attend twenty to twenty five trade resentatives. In addition to his donated art collection, both shows. Sincerely, My travel is done in a mini van racked for SANDRA HANLON BLOOM. Arthur and Rosalinde Gilbert were benefactors the purpose of housing my samples. Natu- of numerous charities and organizations. rally the added weight decreases fuel effi- f These include the Arthur and Rosalinde Gil- ciency but nevertheless the vehicle is crit- bert Center for the Advancement of Scientific A TRIBUTE TO SIR ARTHUR ical to my business. Within 30 minutes of my Research. They have contributed generously GILBERT home you can presently find gasoline prices to the February 1941 Foundation—an extraor- ranging from $1.65 to $1.16 for regular un- dinary foundation created to thank the Dutch leaded and I am aware that prices across the HON. TOM LANTOS people for assisting Jews fleeing Nazi perse- country have been even higher. Some sales reps have chosen to purchase OF CALIFORNIA cution and downed Allied pilots during World diesel fuel motor homes for the purpose of ef- IN THE HOUSE OF REPRESENTATIVES War II. Mr. Speaker, I believe the Los Angeles ficiency. During the past few months, diesel Thursday, September 6, 2001 prices in my area have ranged from $1.70 to Times (September 4, 2001) captured the es- $1.31. At recent prices it makes the invest- Mr. LANTOS. Mr. Speaker, it is with a sence of this outstanding philanthropist, when ment in travel a real issue. Most diesel vehi- heavy heart that I rise today to pay tribute to it quoted him: ‘‘Whether you collect snuff cles are commercial, busses and trucks and a dear friend, an extraordinary man, and a boxes or matchboxes, don’t buy because it’s the trucking industry has requested they be giant in the art world, Sir Arthur Gilbert, who allowed to pass on these increased costs. going up in value but because you like it or it Commissioned sales representatives who passed away on September 2, of this year. will enhance your life —then give it away.’’ I drive diesel or gasoline powered vehicles do Born in 1913, Arthur’s family emigrated from invite my colleagues to join me in paying trib- not have the ability to pass on rising costs Poland to London where they operated a fur- ute to Sir Arthur Gilbert, an outstanding Cali- nor petition congress for such rebates. rier business. After deciding not to enter the fornian and a generous philanthropist.

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K06SE8.001 pfrm02 PsN: E06PT1 E1602 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 A PROCLAMATION RECOGNIZING The church is an active participant in the approached this conference with little interest WILLIAM DAVID PEOPLES Hate-Free cities movement; has provided a and a miniscule commitment to engagement. home for self-help programs such as Alco- Representatives of this Administration stymied HON. ROBERT W. NEY holics Anonymous and Narcotics Anonymous; the preparation that began during the previous OF OHIO has initiated and maintains a four day annual Administration. Therefore, its withdrawal from IN THE HOUSE OF REPRESENTATIVES Martin Luther King, Jr. celebration; has estab- the conference was not a surprise. lished and supports a community garden; has And while the actions in Durban were not Thursday, September 6, 2001 established and maintains a ministry of out- surprising, hope that the refusal to discuss dif- Mr. NEY. Mr. Speaker, Whereas, Officer reach to Lytton Ministries, a transition program ferences does not become the trademark of William David Peoples, of the Cambridge, for people trying to free themselves from ad- this Administration and mar its ability to en- Ohio Police Department has been recognized dictions; and has established and supports the gage in constructive dialogue about civil and as its Officer of the Month for May 2001; and Second Sunday Morning Breakfasts, a forum human rights in this country. The withdrawal Whereas, Officer Peoples has continually for discussing, strategizing, and taking action from Durban, combined with the lack of a do- demonstrated a superlative degree of profes- on issues of civic, social and political impor- mestic civil rights policy, an unwillingness to sionalism, care and commitment in his role as tance. proceed with much-needed election reform a police officer, and The church also has an active youth pro- and the glaring refusal to end racial profiling, Whereas, he was awarded the Exceptional gram. It founded and runs the Village Project, leads me to doubt this Administration’s ability Service Medal in 1995 for his heroic actions which helps forge positive adult child relation- to candidly and fairly address issues of race and effective problem solving as he helped ships and the Rites of Passage program to and diversity within this country. deliver water to the 12,000 residents of Cam- help adolescents transition into adulthood. The Mr. Speaker, racism in real. Discrimination bridge when a main line broke; and, church has also established a Martin Luther is real. The argument for reparations should Whereas, he was again recognized with the King, Jr. Scholarship program and actively be openly discussed and seriously debated in Life Saving Medal with Silver Torch, in 1997 supports the 100 Black Men Mentoring pro- this country. America must face its current ra- for his patience and bravery in the prevention gram. cial reality and reconcile with its inglorious ra- of a suicide attempt; Mr. Speaker, in honor of its vibrant history cial past. I suggest that Members of this Therefore, I ask that my colleagues join me and traditions and its many contributions to House begin our national healing by passing a in honoring the dedication and the exemplary Sonoma County, it is appropriate that we ac- resolution which offers an acknowledgement service of Officer William D. Peoples, a man knowledge today this pioneering congregation. of the sufferings caused by slavery and an of- ficial apology for governmental actions which whom I am proud to call a constituent and one f who serves as an example to us all. perpetrated their condition. If we, as Rep- f EXPRESSING SENSE OF HOUSE resentatives of the United States Government, THAT WORLD CONFERENCE cannot apologize for this sorry and unfortunate IN RECOGNITION OF THE 50TH AN- AGAINST RACISM PRESENTS history, our future will be forever marred and NIVERSARY OF THE COMMUNITY UNIQUE OPPORTUNITY TO AD- our enemies will be able to say that the United BAPTIST CHURCH OF SANTA DRESS GLOBAL DISCRIMINATION States left Durban because it did not want to ROSA, CA address its own history. SPEECH OF I call upon the Congress and the President HON. MIKE THOMPSON HON. EDDIE BERNICE JOHNSON to show the leadership necessary to begin OF CALIFORNIA healing within our country. OF TEXAS f HON. LYNN C. WOOLSEY IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Monday, July 30, 2001 A COMMANDING ROLE FOR JAMES N. GOLDSMITH IN THE HOUSE OF REPRESENTATIVES Ms. EDDIE BERNICE JOHNSON of Texas. Thursday, September 6, 2001 Mr. Speaker, I rise to express my severe dis- HON. JAMES A. BARCIA Mr. THOMPSON of California. Mr. Speaker, appointment regarding the lack of engagement by the United States in the United Nations OF MICHIGAN along with my colleague from California, Ms. IN THE HOUSE OF REPRESENTATIVES LYNN WOOLSEY, I wish today to recognize World Conference Against Racism, Racial Dis- Community Baptist Church of Santa Rosa as crimination, Xenophobia and Related Intoler- Thursday, September 6, 2001 this congregation celebrates the 50th anniver- ance, August 31ÐSeptember 7, 2001, in Dur- Mr. BARCIA. Mr. Speaker, I rise today to sary of its founding. ban South Africa. commend and congratulate an ally of veterans A few African American families formed the The United States has an extraordinary per- everywhere and my close friend, James N. hub of the church 50 years ago, which has spective on racism. It has made great strides Goldsmith, upon his election as Commander- since grown into a fully integrated congrega- towards addressing some of its problems. in-Chief for the Veterans of Foreign Wars of tion of 650 people, with three choirs, two When the original Constitution was enacted, it the United States. It is with particular pride youth groups, an on-site day care center, and declared African-Americans to be three-fifths that I note that Commander Goldsmith is a a charter high school. of a human being. During Reconstruction, this resident of Lapeer, Michigan. The congregation’s first pastor was The very body initially refused to seat the first Afri- Jim Goldsmith’s election to head the VFW is Reverend Washington E. Boyce, who was can-American Members of Congress. Today, a tribute to his many years of dutiful attention serving as the assistant pastor at the First there are thirty-nine African-American Mem- to the needs of veterans and the faith that his Missionary Baptist Church in the neighboring bers of Congress and numerous Cabinet offi- fellow veterans have placed in him for contin- County of Marin when he traveled north to cials. Though we have a long way to go with ued service and fidelity to their health and wel- Sonoma County to enlist the support of local regards to race relations, we have come a fare. A decorated U.S. Army veteran who residents in building a spiritual community. long way. served in Vietnam, Jim has a deep and per- Community Baptist became an official con- This Nation presided over a slave trade that sonal understanding of the obligation all citi- gregation in 1951, and the first deacon, Curtis will go down in world history as one of the zens owe to the men and women who served Wyatt, Jr., was ordained in 1952. most grotesque examples of man’s inhumanity this country during times of conflict on foreign The first church services were held in mem- to man. Once slavery was abolished, due in soil and to those on active duty today. bers’ homes and in community buildings in large part to pressure from other nations, parts Upon returning from Vietnam in 1967, Jim Santa Rosa. The first church building officially of the United States then enacted codes de- joined VFW Post 5666 in Flushing, Michigan, opened in 1956. signed to deny African-Americans their full citi- and he’s been fighting on behalf of veterans The Reverend James E. Coffee became the zenship rights. As abhorrent as this pattern ever since. A Life Member of VFW Post 4139 minister at Community Baptist Church in 1965 was, Americans of good conscience rose to in Lapeer, Jim has held many posts in the and has served the congregation for the past the challenge and implemented laws to ensure local, state and national organization and he 36 years. equal treatment under the law. We have a has received numerous awards. In 1978, Jim Over the course of the past 50 years, the long way to go, but we have come a long way. was selected as Michigan’s ‘‘Young Veteran of church has played a vital spiritual and cultural This Administration owed it to all Americans the Year,’’ and, in 1980, he became the first role in Sonoma County and has enriched the to deliver the message of possibility to the Vietnam veteran to win election as Depart- lives of thousands of people. world. Yet, unfortunately, this administration ment Junior Vice Commander.

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.001 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1603 Jim has traveled the world to learn the con- Church. The parish continues to be a strong A PROCLAMATION RECOGNIZING cerns of active duty service members and re- steward of Christian values and community ASSISTANT CHIEF ROBERT B. servists. Adhering to a soldier’s code never to outreach, ministering to the people of MCKENNA leave a buddy behind, Jim has remained com- Syracuse’s Westside. mitted to accounting for missing American On the occasion of its 75th anniversary, it is HON. ROBERT W. NEY my honor to recognize the people of St. Brigid service members. He has made two trips to OF OHIO Southeast Asia in efforts to recover the re- and St. Joseph’s Church and to extend best IN THE HOUSE OF REPRESENTATIVES mains of those still missing. He also has been wishes for many more successful years of a strong advocate for addressing veterans’ faith-based ministry to follow. Thursday, September 6, 2001 medical needs and has made diabetes re- f Mr. NEY. Mr. Speaker, Whereas, Robert B. search a top priority. INTRODUCTION OF LEGISLATION McKenna successfully completed the Federal Never willing to accept full credit for his TO PROTECT THE PRIVACY Emergency Management Agencies Executive good deeds, Jim points to each of the 2.7 mil- RIGHTS OF OUR NATION’S UNI- Fire Officer Program; and, lion members of the VFW and its Ladies Auxil- FORMED SERVICEMEMBERS Whereas, the Emergency Fire Officer Pro- iary as key to his efforts. He also singles out gram is designed to provide senior officers his sons, Jim and Jeff, for enabling him to HON. RICK BOUCHER with a broad perspective on various facets of serve their needs. fire administration; and, OF VIRGINIA Mr. Speaker, I ask my colleagues to join me Whereas, Robert McKenna throughout his IN THE HOUSE OF REPRESENTATIVES in expressing gratitude to Commander-in-Chief career has dedicated himself to demonstrating Goldsmith for his valiant, enthusiastic and on- Thursday, September 6, 2001 the highest degree of professionalism; going work for veterans. I am confident that Mr. BOUCHER. Mr. Speaker, I rise today to Therefore, I ask my colleagues to join with Jim will continue to find new and better ave- join with my colleagues Mr. SHAYS and Mr. me in recognizing the impressive accomplish- nues to assist the men and women who have WAXMAN, in introducing legislation to protect ments of Robert B. McKenna, a leader in his put their lives on the line in defense of our the privacy rights of our nation’s uniformed community whom I am proud to call a con- great Nation. servicemembers. stituent. f If enacted into law, the legislation we have put forward will clarify that the same right of f RECOGNITION OF 75TH ANNIVER- privacy guaranteed to all other individuals SARY OF SYRACUSE’S ST. RECOGNIZING BRIGADIER GEN- under the Privacy Act and Freedom of Infor- ERAL THOMAS KANE FOR HIS BRIGID AND ST. JOSEPH’S PAR- mation Act shall apply to members of the uni- ISH SERVICE AT TRAVIS AIR FORCE formed services. BASE The Privacy Act was established in 1974 to HON. JAMES T. WALSH ensure that the information the Federal Gov- OF NEW YORK ernment collected as part of the operations HON. MIKE THOMPSON IN THE HOUSE OF REPRESENTATIVES and practices of agencies is protected, and OF CALIFORNIA Thursday, September 6, 2001 the agencies observe and safeguard the right IN THE HOUSE OF REPRESENTATIVES to personal privacy. Thursday, September 6, 2001 Mr. WALSH. Mr. Speaker, I rise today in The need for this legislation arises from a recognition of the 75th anniversary of St. September 2000 federal district court ruling Mr. THOMPSON of California. Mr. Speaker, Brigid and St. Joseph Church in Syracuse, which stated that military servicemembers I rise today to recognize and honor Brigadier New York. Its congregation is gathering to rec- cannot sue for damages when records con- General Thomas P. Kane, Commander of the ognize this important milestone during a me- taining information about them, which under 60th Air Mobility Wing, Travis Air Force Base, morial mass and celebration on Sunday, Sep- the terms of the Privacy Act may not be re- California, upon his reassignment to NATO’s tember 16, 2001. leased, are released by the government in vio- Allied Command Europe as Deputy Director of Established on May 26, 1926, and incor- lation of the Privacy Act. The Court based its the Reaction Force Air Staff in Kalcar, Ger- porated on August 9, 1926, St. Brigid’s was ruling on the Feres doctrine, a 51 year old many. formed from a portion of the rapidly growing judge-made doctrine which states that As Commander of the 60 AMW, General St. Patrick’s Parish on Tipperary Hill. While servicemembers cannot bring civil actions Kane was responsible for the combined efforts masses were first celebrated within St. Pat- against the government for acts incident to of all operations and support activities associ- rick’s School by St. Brigid’s founding pastor— service because they have benefits available ated with the worldwide air mobility mission Rev. William H. McCormick, the parish’s first through their military health and other pro- and responsible for ensuring the readiness sanctuary was constructed the following year grams. As a result of this ruling, there is no ef- and well being of the installation’s active duty, at the corner of Willis Avenue and Herkimer fective way to prevent the unauthorized re- reserve and civilian personnel and their fami- Street at a cost of $165,000. The church’s cor- lease of sensitive military personnel records lies. Aircraft and personnel under General nerstone was laid on June 15, 1927 with its and no way to compensate servicemembers Kane’s command have responded to combat first mass on August 21st. St. Brigid’s School for damages arising from acts by government efforts and humanitarian relief efforts world- opened on September 6th of that year under agencies that are in violation of the Privacy wide. the direction of the Sisters of St. Joseph of Act. Travis Air Force Base and its personnel Carondolet. Congress enacted the Privacy Act with an have flourished under General Kane’s com- Since that time, the parish has grown con- unambiguous intent to make government re- mand. He has been a tireless advocate for de- siderably. Under the leadership of its second sponsible for the damages it causes when the cent, affordable housing, successfully obtain- pastor—Rev. William J. Brennan, the parish’s law is violated. Our bill clarifies the intent of ing an increase in the Basic Allowance for debt was retired. Construction of a larger Congress to ensure that the right of privacy Housing allotment for Travis personnel. sanctuary began in 1955 with a Dedication granted under the Act shall apply to members He has also been one of the driving forces Day Mass celebrated in the new church on of the uniformed services and that military per- in the countywide Affordable Housing Task November 6, 1956. Rev. J. James Bannon sonnel may use the remedies of the Privacy Force to pursue alternative sources of funding was pastor at that time. In 1964, St. Brigid’s Act, the Feres doctrine notwithstanding. A for off-base housing. merged with St. Joseph’s French Church to right without a remedy is no right at all. Through his leadership, the base, working in become St. Brigid and St. Joseph’s Parish. The merit of this legislation is clear. The partnership with Pride Industries, has Rev. David J. Norcott became the combined government collects vast amounts of sensitive launched a website to assist the base popu- church’s first pastor followed by Rev. James information from and about military lation in their efforts to locate affordable hous- A. McCloskey. servicemembers. Fairness requires that the in- ing. The parish is served today by Rev. Lau- formation, once collected, be made secure. General Kane organized a group of key indi- rence W. Kennedy, Pastor, Mr. Leonard S. Moreover, such an assurance will be in aid of viduals to help implement his vision of Monnat, Deacon, and Sister Theresa Brown, the recruitment efforts of all our volunteer privatizing the museum at Travis Air Force CSJ, Director of Human Development and armed forces. Base as the Jimmy Doolittle Air and Space Parish Minister. Approximately 510 families I urge the speedy adoption of this legisla- Museum. The fundraising phase of this project are served by St. Brigid and St. Joseph’s tion. was inaugurated this summer.

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.031 pfrm02 PsN: E06PT1 E1604 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 In 2000, the 60th Air Mobility Wing won the C. KEVIN DYKEMA: CHARTING A For over 20 years, Donna Speziale Richards coveted Solano Trophy, which is awarded an- COURSE FOR BAY CITY covered breaking news in Syracuse and On- nually to the best active duty wing in the 15th ondaga County as both a radio and television Air Force. HON. JAMES A. BARCIA news reporter. Born in Syracuse, she was a graduate of Solvay High School and Onon- General Kane is a graduate of the United OF MICHIGAN daga Community College. She worked as a States Air Force Academy and holds ad- IN THE HOUSE OF REPRESENTATIVES radio reporter for both WFBLÐAM and WHENÐ vanced degrees from the Naval War College Thursday, September 6, 2001 AM, where she also served as news director. and the University of Southern California. Mr. BARCIA. Mr. Speaker, I rise today to She then went on to cover local stories for His military decorations include the Defense commend and congratulate my close friend, WTVHÐTV5 as a television news reporter for Superior Service Medal, Legion of Merit, De- Bay City Times Publisher C. Kevin Dykema, eleven years. fense Meritorious Service Medal, Meritorious for the instrumental role he played in bringing 1988 she won an Emmy award as a mem- Service Medal with four oak leaf clusters, Aer- the extraordinarily successful Tall Ships Cele- ber of a team of reporters covering the bomb- ial Achievement Medal, Air Force Commenda- bration 2001 to my hometown of Bay City, ing of Pam Am Flight 103. During her tenure Michigan, and for his leadership in organizing tion Medal, Air Force Achievement Medal, as a journalist, Donna’s work was recognized the Maritime Festival that welcomed the ves- Combat Readiness Medal with device, Na- by the Associated Press Broadcasters Asso- sels to our community. ciation, the state Broadcasters Association, tional Defense Service Medal with device and As chairman of the Board of Directors of the Armed Forces Expeditionary Medal. and the Syracuse Press Club. Bay City’s Tall Ships Celebration, Kevin spent Most recently, Donna had left broadcasting Mr. Speaker, Brig. General Thomas P. Kane incalculable hours at the helm to steer a to serve our community as a public relations is a true patriot and distinguished American course for an event that has left residents of specialist for the U.S. Small Business Admin- who has devoted himself to the service of our Bay City swelling with pride. Kevin deserves istration office in Syracuse. Through her work country. It is appropriate that we honor him our highest praise and gratitude for his vision, in that position, she was known as an inform- today by expressing our gratitude for his dedi- hard work and dedication. The impact of his ative and helpful source for local media and cation and wishing him well on his new NATO efforts will be felt for many years as perma- business people and a committed federal em- posting. nent residents and visitors from all points on ployee. the map sing the praises of Bay City, Michi- Donna leaves her husband, Donald; two f gan, and list the celebration as yet another ex- stepsons, David and Paul Richards; her moth- ample of the city’s welcoming attitude. er, Mary Speziale; and a brother, Skip A long-time sailing enthusiast, Kevin turned THE PASSING OF HARRY Speziale. She was 43 years old. his love for the water and his interest in mari- WEISBROD Throughout her career, Donna was not one time history into an economic windfall for the to seek special recognition or the spotlight. area when he initiated and fulfilled a plan to With this honor, it is my hope that her local in- bring the Appledore schooner to Bay City as HON. EDDIE BERNICE JOHNSON volvement and balanced work receives the at- a permanent attraction and educational tool for tention that it deserves. Donna leaves a rep- OF TEXAS students and adults to learn more about the utation for fair and accurate reporting that unique environment of the Saginaw Bay. A co- IN THE HOUSE OF REPRESENTATIVES should serve as a lasting example for all founder of BaySail, Inc., the non-profit organi- young, local journalists who follow in her foot- Thursday, September 6, 2001 zation that oversees the Appledore, Kevin has steps. She will be missed. been an enthusiastic and energetic booster of Ms. EDDIE BERNICE JOHNSON of Texas. historical sailing ships. While the opportunity f Mr. Speaker, I rise to honor the life of Mr. to lure the Tall Ships challenge to Bay City A TRIBUTE TO ROSE ANN VUICH Harry Weisbrod, a champion of labor and an was certainly a labor of love for Kevin, he active participant in the public policy process. could not have anticipated the massive team HON. CALVIN M. DOOLEY While an investigator for the Department of effort or the extraordinary time commitment re- OF CALIFORNIA Labor, Mr. Weisbrod changed the collective quired. Yet, he pulled it all off with flying col- bargaining process in this country forever by ors. IN THE HOUSE OF REPRESENTATIVES organizing the first union of federal employ- Such endeavors are nothing new for Kevin. Thursday, September 6, 2001 ees. Later, as a founder of a wage and labor He has been a vital and visible force in the Mr. DOOLEY of California. Mr. Speaker, I consulting firm, he fought to develop ways for community since first coming to town in 1991. rise today to pay tribute to former California companies to be prosperous without forsaking His involvement in a wide-ranging number of state senator Rose Ann Vuich, a mentor and their responsibility to support a standard of liv- service organizations and his willingness to friend of mine who passed away in Dinuba, ing which every American worker deserves. step up to the plate to lead various volunteer California on August 30, 2001. During his extraordinary life, he worked both efforts have served our community well. Of Rose Ann’s parents immigrated from Yugo- within government and with government to course, such involvement cannot occur without slavia to California’s Central Valley, where the promote a quality of life for its workers. the support of family and Kevin has been for- family ranched near the community of Cutler. Mr. Weisbrod was a veteran and party activ- tunate to have the encouragement of his wife, After Rose Ann’s father Obren passed away in Betsy, and children, Pete and Jane. ist. He cheated on his eye exam in order to 1940, her mother Stana and the family worked Mr. Speaker, I ask my colleagues to join me enter the United States Army during war-time. hard to keep the ranch prosperous. Their in saluting Kevin Dykema for his quiet yet firm prosperity led them to eventually acquire three Later, as a resident of Dallas, he contributed hand in navigating Bay County, Michigan, on to the improvement of the educational system other ranches and allowed Rose Ann to open an unalterable course that will lead to further her own accounting firm in Dinuba. by helping to organize the League for Edu- economic prosperity and perpetuation of the cational Advancement in Dallas (LEAD), a Rose Ann was close to her family and deep- city’s reputation as a welcome port-of-call for ly committed to her community. She served on grassroots organization devoted to school friends and visitors alike. board reform. A true public servant, he was the boards of the Tulare County Fair and Alta f appointed to numerous Dallas boards and District Hospital and was active in political or- commissions, including the Dallas Civil Serv- TRIBUTE TO DONNA SPEZIALE ganizations. Rose Ann was truly a barrier breaker. She ice Commission. Mr. Weisbrod believed in our RICHARDS paved the way for other women in public serv- system of government. He was an active par- ice by being elected as California’s first female ticipant in the Democratic Party and helped to HON. JAMES T. WALSH state senator in 1976. Before that, she was develop many of its more progressive activi- OF NEW YORK the first female president of the Dinuba Cham- ties and programs. IN THE HOUSE OF REPRESENTATIVES ber of Commerce. She forced changes in the Mr. Speaker, Harry Weisbrod transcended Thursday, September 6, 2001 Senate, most notably when she rang a bell on Earthly boundaries on September 1, 2001. Mr. WALSH. Mr. Speaker, I rise today in her desk whenever male colleagues referred Through this statement, it is my hope that the tribute to a longtime Syracuse journalist who to the ‘‘gentlemen of the Senate.’’ record of his service will be forever enshrined passed away as a result of a sudden brain an- During her sixteen years in the state senate, in American history. eurysm while visiting family in Florida. Rose Ann was a model public servant. She

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.035 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1605 listened carefully to her constituents, rep- recognize Donald R. Rowe, who is retiring this 2001. Those who knew him, however know resented them tirelessly, and set an example month following a long and distinguished ca- that his work will continue to live on through of integrity and character. She encouraged reer in county government. his research, his books and the lasting impact people to expect more of their elected officials, Mr. Rowe retires as the Director of the So- he had on all who met him. and her shadow over the Central Valley will be lano County Health Services Department, a long. position he has held for the past twelve years. f She set a strong standard of ethical behav- As Director, he had the overall administrative, ior that led her to raise tough questions about budget and leadership responsibilities for SHIRLEY ROBERTS: BRINGING legislation before the Senate. She rose to be- 1,200 employees and an annual operating FAIR WINDS TO BAY CITY come chairman of the Senate Banking and budget of $187 million. Commerce Committee, a position that allowed He was previously employed with the county her to advocate on behalf of Valley agriculture. from 1987 to 1989 as the Chief Executive Offi- HON. JAMES A. BARCIA She also tirelessly shepherded construction of cer of Business and Personal Insurance Serv- OF MICHIGAN Highway 41 in Fresno, which she considered ices. her proudest accomplishment. Mr. Rowe came to Solano County from IN THE HOUSE OF REPRESENTATIVES On a personal level, I had the pleasure of Fresno County where he worked as the Solid serving as Rose Ann’s Administrative Assist- Waste Coordinator, as both a Senior and Prin- Thursday, September 6, 2001 ant immediately prior to my coming to Con- cipal Administrative Analyst in the County Ad- Mr. BARCIA. Mr. Speaker, I rise today to gress in 1990. I learned from Rose Ann the ministrator’s Office, as the Associate Director honor my good friend, Bay Area Convention virtue and dedication of public service, and the of Health and as the Director of Health. and Visitors Bureau Executive Director Shirley Mr. Rowe currently serves as Chair of the importance of standing up for what is right. Roberts, and to express the gratitude of an Mr. Speaker, I ask my colleagues to join me Solano Partnership Health Plan Board of Di- entire community for her outstanding work in today in paying tribute to Rose Ann Vuich and rectors, which is one of five California health promoting my hometown of Bay City, Michi- celebrating her long and distinguished legacy insurance organizations providing full service gan. 1, along with the citizens of Bay City, am of service to California’s Central Valley. health maintenance coverage for the Medicaid especially appreciative of Shirley’s herculean f population. He is a member of the Executive and Legis- efforts in bringing the Tall Ships Celebration A PROCLAMATION CELEBRATING lative Committees of the County Health Ex- 2001 and Maritime Festival to town this sum- THE 50TH BIRTHDAY OF ELLEN ecutives Association of California, the State of mer. RATNER California Health Information for Policy Project As one of the founders of BaySail, Inc., Committee and a founding member of the So- Shirley deftly navigated any and all obstacles HON. ROBERT W. NEY lano Coalition for Better Health, a community to provide safe harbor for more than a dozen OF OHIO wide collaborative health planning and com- historical schooners to drop anchor in Bay City IN THE HOUSE OF REPRESENTATIVES munity action committee. for an unprecedented nautical exhibit that truly Thursday, September 6, 2001 Mr. Rowe holds a Bachelor of Arts Degree put the community on the map as a destina- in Social Welfare from California State Univer- tion point for tourists from near and far. Her Mr. NEY. Mr. Speaker, I commend the fol- sity, Fresno and a Master of Public Adminis- efforts helped hundreds of thousands of visi- lowing article to my colleagues: tration Degree from the University of San tors discover or rediscover Bay City, signifi- Whereas, Ellen Ratner was born August 28, Francisco. cantly enhancing the prosperity of the summer 1951 and will be celebrating her 50th year sur- Mr. Speaker, because of Donald Rowe’s season for many small businesses, res- rounded by admiring friends and family; and, many contributions to county government, and taurants and tourist attractions. In addition, the Whereas, Ellen has much to be proud of as specifically to Solano County, it is proper for event provided a wonderful opportunity for she reflects on her past accomplishments and us to honor him today. residents and others to get a glimpse into Bay anticipates her future endeavors; and, f Whereas, Ellen has achieved respect and City’s legendary maritime history and its many notoriety among Presidents, Members of Con- THE PASSING OF DR. FOSTER contributions to the shipping industry. gress, and foreign leaders as she has suc- KIDD Bay City has come to expect a lot from Shir- cessfully navigated and illuminated the ever ley because she always delivers. Employing changing tide of American politics; and, HON. EDDIE BERNICE JOHNSON all the vim and vigor that she consistently has Whereas, Ellen is also an accomplished OF TEXAS applied to other community endeavors, Shirley writer, authoring ‘‘The Other Side of the Fam- IN THE HOUSE OF REPRESENTATIVES dove right into the Tall Ships project to ensure ily: A Book for Recovery from Abuse, Incest, smooth sailing for seafarers and landlubbers and Neglect’’ as well as ‘‘101 Ways to Get Thursday, September 6, 2001 alike. Moreover, Shirley’s keen understanding Your Progressive Ideas on Talk Radio’’; and, Ms. EDDIE BERNICE JOHNSON of Texas. that the success of any voyage depends Therefore, I ask my colleagues to join with Mr. Speaker, I rise to pay tribute to the life of equally upon the leadership of the skipper at me in honoring Ellen Ratner as she celebrates Dr. Foster Kidd. Dr. Kidd was a true Texas the helm and the quality of the crew went a 50 years of achievement. I am honored to be community leader. He was tirelessly dedicated long way to making the event a smash hit. a close friend with a woman whom I hold in to improving the health of all Americans. He Shirley has always been the first to ac- the highest esteem. was the first African-American dentist ap- knowledge the role others have played in her pointed to the Texas State Board of Dental f accomplishments and her modesty is perhaps Examiners and made great strides toward one reason for her remarkable ability to recruit IN RECOGNITION OF DONALD helping the community understand the impor- and retain enthusiastic and hard-working paid ROWE’S DISTINGUISHED CAREER tance of oral health care. During his life, he staff and a legion of volunteers. In fact, it is a IN GOVERNMENT chronicled the achievements of African-Amer- testament to her team-effort approach that so ican dentists through numerous publications, many volunteers answer the call whenever HON. MIKE THOMPSON including ‘‘Profile of the Negro in American she asks. Shirley also enjoys the whole- OF CALIFORNIA Dentistry.’’ He was a dentistry expert, activist, hearted and energetic support of her husband, historian, mentor, father, husband and friend David, and daughters, Michelle and Erika, and HON. GEORGE MILLER to many. OF CALIFORNIA Dr. Kidd was a leading authority on African- typically credits them for their role in her suc- HON. DOUG OSE American orthodontic history, collecting scores cess. OF CALIFORNIA of documents that tell the story of black den- Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES tists. He was also an extraordinarily effective in praising Shirley Roberts for her gung-ho mentor, using his love of golf to mentor local spirit and unwavering devotion to Bay City and Thursday, September 6, 2001 youths. Dr. Foster Kidd was a true Dallas surrounding communities. I am confident she Mr. THOMPSON of California. Mr. Speaker, hero. will continue to bring fair winds and Godspeed along with my colleagues from Calfironia, Mr. Mr. Speaker, Dr. Foster Kidd moved on to to any and all undertakings on behalf of the George Miller and Mr. Ose, I wish today to do his work in a better place on August 21, citizens of Bay County, Michigan.

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.039 pfrm02 PsN: E06PT1 E1606 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 TRIBUTE TO NEW YORK STATE A PROCLAMATION RECOGNIZING INDIAN RACISM EXPOSED AT RAC- SCHOOL FOOD SERVICE ASSOCIA- BILL MAZEROSKI ISM CONFERENCE—PRESEN- TION TATION MOVES CONFERENCE TO TEARS HON. JAMES T. WALSH HON. ROBERT W. NEY OF NEW YORK OF OHIO HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Thursday, September 6, 2001 IN THE HOUSE OF REPRESENTATIVES Thursday, September 6, 2001 Mr. WALSH. Mr. Speaker, on October 12, Thursday, September 6, 2001 13, and 14, 2001, the New York State School Mr. NEY. Mr. Speaker, Whereas, Bill Mr. TOWNS. Mr. Speaker, at the World Food Service Association will mark its 50th Mazeroski will be inducted into the Baseball Conference on Racism in Durban, Dalit and anniversary at its annual statewide conference Hall of Fame on Sunday, August 5, 2001 at Kashmiri activists showed up to exert pressure in Syracuse, New York. The New York State 1:30 in the afternoon at the legendary Coop- against India’s racist caste system. The caste School Food Service Association is a not-for- erstown, New York; and, system, which discriminates against people profit organization founded in 1951 whose merely because of the group into which they goal it has been to provide wholesome meals Whereas, Bill Mazeroski grew up in are born, is one of the most racist systems in to children in New York State schools. Turkeyfoot and Rush Run, Ohio where his the world. Today, the association has 3,700 members dedication to the game lead him to perform ar- The demonstrators handed out literature, and serves 1.6 million lunches and 450,000 duous tasks for his Uncle so that he could buttons, and headbands demanding equal breakfasts per day. In addition to providing nu- earn enough money to purchase his first base- rights for all peoples. They have been chant- tritious meals, the association has fought for ball glove; and, ing and drumming to force the caste system increases in the number of free and reduced- Whereas, his professional career began as onto the agenda for the conference. price meals served to children deemed to be a second baseman for the Pittsburgh Pirates India argued for keeping casteism off the in severe need as well as breaking down im- in 1956 and ended 17 great years later in agenda in Durban, saying that there are laws pediments to participation in the School Break- 1972; and, against caste discrimination on the books. fast Program. This is true, but unlike our civil rights laws, the Whereas, Bill Mazeroski is an eight time anti-caste laws are never enforced and are On behalf of the people of the 25th Con- Gold Glove winner and holds the major league gressional District in the State of New York, I routinely violated. Dalits are forced to use sep- record for the most double plays for a second arate facilities, such as tea shops. Dalits are extend my appreciation to the New York State baseman; and School Food Service Association for their dec- forced to endure separate living areas, sepa- ades of tireless work on behalf of New York Whereas, Bill Mazeroski became the first rate burial grounds and restrictions on their State’s children. Additionally, it is my honor to player ever to end the World Series with a movements. They cannot enter the temple. A congratulate the association on their semi-cen- home run; and, few years ago, a Dalit constable entered a tennial anniversary conference and wish it Whereas, Bill Mazeroski is a National Hindu temple on a rainy day to seek refuge continued success in ‘‘Feeding America’s Fu- League all-time All-Star; and, from the rain and he was stoned to death by the Brahmins in the temple. In another inci- ture.’’ Whereas, his career total included 2,016 f dent, a Dalit girl was blinded by her teacher hits and a .983 field percentage at second after she drank water from the community CHRISTO’S ‘‘RUNNING FENCE’’ base; and, water pitcher. This kind of racism is unforgiv- Whereas, he went on to cultivate new base- able, especially in a country that calls itself a HON. LYNN C. WOOLSEY ball talent as a coach for the Pittsburg Pirates democracy. OF CALIFORNIA and later for the Seattle Mariners; According to a report in Canada’s National IN THE HOUSE OF REPRESENTATIVES Therefore, I ask my colleagues to join with Post, a Dalit woman named Murugesan Manimegalai spoke at the Durban conference. Thursday, September 6, 2001 me in congratulating Bill Mazeroski, an excep- tional athlete, one of Baseball’s all time greats, She told the story of how her husband, with a Ms. WOOLSEY. Mr. Speaker, I rise today to and an Ohio Valley legend. tenth-grade education, was elected Sarpanch honor those who worked on Christo’s ‘‘Run- of their village—the president of the village ning Fence’’ on the occasion of its 25th anni- f council, similar to the mayor. Almost imme- versary. A project of the internationally re- diately, they received death threats from the nowned artist Christo and his wife Jeanne- TRIBUTE TO ROBERT HAUTMAN upper-castes. ‘‘We will see how the president Claude, the ‘‘Running Fence’’ was completed functions without a head,’’ said one note. After in Sonoma and Marin Counties on September he had been in office six months he was fol- 10, 1976, after 42 months of collaborative ef- HON. MARK R. KENNEDY lowed home on the bus. A group of men sur- forts. rounded the road and told everyone ‘‘except These efforts included participation of the OF MINNESOTA Dalits’’ to leave. Then they grabbed Mr. affected ranchers, 18 public hearings, three IN THE HOUSE OF REPRESENTATIVES Manimegalai and stabbed him in the stomach. sessions at the Superior Courts of California, Despite his pleas not to kill the other Dalits, the drafting of a 450 page Environmental Im- Thursday, September 6, 2001 they chopped up the six other Dalits in front of pact Report, and the temporary use of the him. Then they murdered Mr. Manimegalal, Mr. KENNEDY of Minnesota. Mr. Speaker, hills, sky, and ocean. The ‘‘Running Fence’’ chopped off his head, and threw it in a well. today I rise to introduce a resolution honoring was 18 feet high and its 24.5 miles in length Unfortunately, incidents like this are all too artists participating in the Federal Duck Stamp crossed 14 roads, 59 ranches, and the town of common in India. Program, especially Minnesota’s very own, Valley Ford. It extended from near Freeway I would like to take this opportunity to salute Robert Hautman. 101 in Sonoma County to the Pacific Ocean at the protestors for their success in bringing In- Bodega Bay. As promised, the project was re- Robert has successfully won his second dia’s racism to the world’s attention. That is moved 14 days after its completion and all the Federal Duck Stamp competition with a win- the first step towards ending it. materials given to the ranchers. ning pintail design after winning his first award Mr. Speaker, India must learn that a democ- The beauty of the ‘‘Running Fence’’, con- in 1997-1998. racy respects the basic human rights of all structed of 240,000 square yards of white Robert and two of his brothers, James and people, not just those in a position of power nylon, and the beauty of the California coun- Joseph, have seen their art featured on thirty- and privilege. It must transcend its tryside complemented each other perfectly to five state and federal stamps. Brahminocracy and bring real democracy to all create a breathtaking artistic vision. the people. How can people continue to live in Mr. Speaker, although the ‘‘Running Fence’’ From the Oval Office to the Smithsonian In- the facade of Indian democracy when they was designed to be temporary, Christo’s stitute, their creations have been displayed in cannot enjoy even the most basic rights? project will live forever in the imaginations of prominent places throughout Washington, D.C. America can help this process along. We those who saw it and in its identification with Congratulations Robert on this well-de- should maintain the existing sanctions on the landscape of Sonoma and Marin Counties. served award. India. We should stop all aid to India until the

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.043 pfrm02 PsN: E06PT1 September 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1607 full range of human rights can be enjoyed by stop for a breath as the next words tumbled ‘‘But when I saw the big crowd in the room all the people there, not just the Brahmins. We out. ‘‘Even after my husband’s death, the today, I was not afraid. I was happy. At least should declare our overt support for the 17 anger, the bitterness, the caste-fanatic feel- I can tell the world our story. There are ing did not subside.’’ many people back home who are relying on freedom movements currently operating within ‘‘They cut off his head and threw it in a me here.’’ India’s borders. We can do so by supporting well nearby.’’ Witnesses were too terrified to a free and fair plebiscite, under international come forward and it was only after three f supervision, on the question of independence years of protest that some of the attackers 50TH ANNIVERSARY OF SERVICE for Khalistan, Kashmir, Nagaland, and the were finally jailed. ‘‘We strongly demand,’’ FOR VALLEY HOSPITAL IN Ms. Manimegalai concluded, ‘‘that the caste other minority nations living under the boot of RIDGWOOD, NEW JERSEY Indian oppression. Former President Carter system in our country be abolished. We de- might be a good person to head an inter- mand education for our children, job oppor- tunities—and dignity.’’ The roar of applause national monitoring team. HON. MARGE ROUKEMA continued for a solid minute. When the di- OF NEW JERSEY The Council of Khalistan has issued a press minutive Ms. Manimegalai stepped off the release praising the demonstrators who are stage, a burly African woman grabbed her in IN THE HOUSE OF REPRESENTATIVES bringing the issue of Indian racism to the fore- a bear hug, sobbing. Ms. Manimegalai was Thursday, September 6, 2001 overwhelmed as others waited in line to give front. The Information Times has also run an Ms. ROUKEMA. Mr. Speaker, I rise today to excellent article on the demonstrations. I a hug or shake her hand. Tears streamed down her face as she stood in the glare of the congratulate the Valley Hospital in Ridgewood, would like to place them both into the RECORD New Jersey, on the momentous occasion of at this time for the information of my col- TV lights. It was not the first time the Voices Forum their 50th anniversary of service to northern leagues. In addition, I would like to insert the has borne witness to such raw emotion. But New Jersey. From a small and difficult begin- National Post article into the RECORD. many of the 1,100 journalists in Durban to ning, the Valley Hospital has become a pre- [From the National Post, Sept. 6, 2001] cover the UN’s World Conference Against mier example of quality and commitment to Racism have been too preoccupied by argu- UN RACISM CONFERENCE MOVED TO TEARS, medical excellence. This weekend, in celebra- ments over Israel and demands for repara- NOT ACTION—RACE VICTIMS TELL STORIES tions for the colonial-era slave trade to take tion of their golden anniversary, the Valley (By Corinna Schuler) much note. Hospital ‘‘Old Fashioned Fair’’ will be held in DURBAN, SOUTH AFRICA.—In an oft-ignored The armies of suited government officials the town of Ridgewood. chamber of the cavernous convention centre, working to write up a ‘‘historic’’ blueprint This remarkable hospital was once only a the real victims of racism struggle to have for fighting racism and intolerance were not dream for the northwest New Jersey commu- their stories of suffering heard. present to hear Ms. Manimegalai’s demands. nity. However, due to the perseverance of a This is not one of the dozens of rooms Many were in a room down the hall, argu- small group of concerned community mem- where international negotiators spend days ing about whether words such as ‘‘descent’’ behind closed doors, locked in debate about and ‘‘ethnic origin’’ should be included in the bers, this vision of a hospital was transformed where to place a comma or whether to spell list of grounds for discrimination. into a reality. Plans began nearly forty years ‘‘Holocaust’’ with a capital ‘‘H.’’ At the end of her speech, a moderator before ground was even broken. In 1910, Here, persecuted people from every corner thanked Ms. Manimegalai and other pre- community groups gathered to raise money for of the globe take their turn on stage between senters for having the courage to speak out. a hospital, however the stock market crash 1:30 p.m. and 3 p.m. every day to tell simple ‘‘You should never doubt raising your voice and the Great Depression stalled their at- stories abut real suffering—the only forum in this chamber,’’ she said assuringly. tempts. With the leadership of the Women’s at this massive United Nations gathering ‘‘Never doubt the importance of doing that.’’ where the personal pain of discrimination is The sorry truth is that the powerful testi- Auxiliary in 1944, local residents rallied again laid bare. monies heard in the Voices Forum have lit- to donate almost $1,000,000 to break ground One day, the speaker was an escaped slave tle chance of being incorporated into the in 1949. Today we are able to congratulate from Niger. The next, an aboriginal woman UN’s final declaration on racism, or its pro- the Valley Hospital on fifty years of out- from Australia. Then, a migrant worker gram of action. standing service to northwest New Jersey. A from Brazil. ‘‘Cast out Caste’’ posters have been plas- passage from The Sunday News, dated June Yesterday it was Murugesan tered all across Durban and activists have 19, 1951, illuminates the struggle and success Manimegalai’s turn. The 29-year-old mother handed out thousands of information bro- of four is a member of India’s lowest caste, chures in an effort to highlight the injustice of the hospital: so impoverished she had never left the con- of the caste system in Hindu society. But There has been discouragement and heart- fines of her squalid settlement before board- India has fought all attempts to include any ache, delay and disappointment. There have ing a plane this week for Durban. ‘‘I was very mention of caste, and neither the UN nor any been set-backs of every conceivable variety worried that it might fall,’’ she confides with government is pushing the point. The strong- during these years of construction but now a shy smile. But she pushed her fear aside est language in the draft declaration comes at long last, comes the fulfillment of the yesterday, took a deep breath and told the in a single paragraph that refers to discrimi- dream—a community hospital completely story of her husband’s horrifying murder to nation based on work or descent—and even equipped with every facility that modern a crowd of 200 human rights activists and a those watered-down words seem set to be medicine and modern science have devel- few journalists. By the time she was done, withdrawn. Likewise, Eastern European oped, ready to take its place along with the even the moderator was blinking back tears. countries refuse to acknowledge the dis- best in the country in caring for those who ‘‘We are Dalits’’—untouchables—began Ms. crimination endured by the Roma, or gyp- are ill. Manimegalai. sies, no matter how many emotional stories In August of 1951, the first patient walked As one of India’s 1.4 million lowest-caste they have told in Durban this week. through the doors of the Valley Hospital. That people, she grew up in a segregated village— The African slave girl who told her story first year, over 4,000 patients entered those forbidden to draw water from the communal moved an audience to tears, too. well or to attend the same temple as upper- Inside conference rooms, however, African doors. In the following fifty years, the Valley caste people. government delegates are so engrossed in de- Hospital expanded to meet the constantly Her husband had only a Grade 10 edu- bate about the slave trade of centuries past changing needs of the growing community and cation, but became an eloquent activist and there has been almost no talk of how people implemented cutting-edge technology. Last was elected president of a village council. like 17-year-old Mariama Oumarou and 20,000 year, the hospital administered to 42,540 pa- Members of the upper caste warned he would others in Niger could be spared the horror of tients and welcomed 3,221 babies. Thirty-five not last six months. ‘‘We will see how the slavery today. physicians of the Valley Hospital were named president functions without a head,’’ said Will this conference change Ms. one written death threat. Manimegalai’s life? The document under in the ‘‘Best Doctors in New York’’ list of the After six months in office, when Mr. such hot debate is not an international trea- New York Magazine this year; a list compiled Manimegalai took a trip into town, upper- ty or a UN resolution. In fact, it’s not a legal by their peers throughout regions of New Jer- caste people followed him home in a bus. A document of any kind and—if agreement is sey, New York, and Connecticut. This month crowd of men blocked off the road, scream- reached here by tomorrow—countries are the Valley Health System, the hospital’s um- ing wildly for everyone to run away—‘‘except free to ignore it. brella organization, will be the nation’s first Dalits.’’ But, Ms. Manimegalai lives with the hope health provider to feature Mayo Clinic health ‘‘They grabbed my husband by the shirt her presence here will help the suffering and stabbed him in the stomach. Even then, Dalits of India break free from their oppres- information on their website. As one can tell, my husband pleaded with the dominant caste sion. ‘‘I am destitute,’’ she said. ‘‘My house this is a phenomenal group of people involved people not to kill the rest of the Dalits. They is just a matchbox and I do not have enough with the hospital. ignored him, and chopped the [six] others in money to care for my children. They are liv- The Valley Hospital has risen to pre- front of his eyes.’’ Ms. Manimegalai did not ing with relatives. eminence on the national level in health care

VerDate 112000 04:31 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.048 pfrm02 PsN: E06PT1 E1608 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2001 and medical technology for its patients. Under The thirtieth anniversary of the center offers Texas, for reminding our children about the Mike Azzara’s guidance as Chairman of Valley an opportunity to pay tribute to the hope of its values we cherish by commencing ‘‘Violence Health Systems, and Audrey Meyer’s leader- founders and the diligence of those who work Prevention Week’’ as the new school year be- ship as President and CEO of the Valley Hos- there. I look forward to their continued suc- gins. pital, the hospital has entered the 21st century cess. Each year, parents, students and edu- as a premier provider of health care in not f cational professionals begin the school with only New Jersey but the entire Northeast NATIONAL PAYROLL WEEK more trepidation than we ever did, for today United States. the worst-case scenario is not that our chil- Mr. Speaker, I ask my colleagues in the dren will get in a fight, but that they will be a House of Representatives to join me in com- HON. STEVE ISRAEL victim of gun violence. mending the Valley Hospital for its service to OF NEW YORK Here in Texas, we know that if the central the community in the past fifty years, and rec- IN THE HOUSE OF REPRESENTATIVES component of these tragedies were merely the ognizing those committed to continuing its tra- Thursday, September 6, 2001 existence of guns, the level of school violence dition of excellence in the future. Mr. ISRAEL. Mr. Speaker, I would like to we see today would have always been so. It f take this opportunity to recognize the tireless is much more: the responsibility that family teaches (including gun safety and proper stor- A TRIBUTE TO THE BLIND AND efforts of payroll employees of this nation. age); the faith and tolerance taught by family, VISUALLY IMPAIRED CENTER OF September 3Ð7 is National Payroll Week. In churches, synagogues and mosques; the en- MONTEREY COUNTY, INC. honor of this week, we should all thank the more than 130 million payroll professionals tertainment our children see; and the everyday who work tirelessly to ensure that workers re- examples of behavior to which young people HON. SAM FARR ceive their wages and federal employment are exposed. OF CALIFORNIA taxes and worker earnings are reported. In short, it is many things. Our society at IN THE HOUSE OF REPRESENTATIVES Company payroll departments prepare over large is far less to blame for the incidents of Thursday, September 6, 2001 4 billion paychecks each year. In addition to violence we have seen in communities across paying workers accurately and on time, payroll the country than are the individual families and Mr. FARR of California. Mr. Speaker, I rise professionals play a key role in crucial govern- communities whose job it is to be a good ex- today to pay tribute to the Blind and Visually ment programs including the enforcement of ample every day. We should teach responsi- Impaired Center of Monterey County, whose fair labor standards, child support deductions bility, emphasize faith, and offer age-appro- thirtieth anniversary was celebrated on August and payments, unemployment insurance, So- priate entertainment and examples of behavior 12, 2001. The center has been assisting vis- cial Security taxes and benefits, and Medicare. to children. ually impaired individuals to transcend the loss Payroll professionals deserve our thanks for of sight as independent, contributing commu- Brownsville is taking an important step in helping maintain this nation’s system of pre- speaking to the issue of school violence by nity members of Monterey County, in my dis- serving funds for the American community. trict. I am pleased to be able to honor their planning Violence Prevention Week, spon- Regular efforts are made to educate ordinary sored by the Brownsville Independent School work here in the U.S. Congress. workers about the payroll tax withholding sys- The Blind and Visually Impaired Center of District, the local law enforcement agencies, tem. Nationwide, 20,000 members of the the Brownsville Chamber of Commerce and Monterey County offers a wide variety of serv- American Payroll Association organize out- ices to its clients, and works to cater these the local church community. reach programs for their communities. Events throughout the week include: a for- services to each individual’s needs. With such Mr. Speaker, I hereby ask you and our col- mal proclamation and efforts to bring up the programs as Daily Living Skills and Braille In- leagues to join with me in thanking the payroll subject around the dinner table, essay con- struction, information and referral services, ac- employees who are indeed, ‘‘Working for tests to make the subject pertinent to stu- cessible technology, support groups, and an America’’ and proclaim September 3Ð7, 2001, dents, a ‘‘Violence Prevention Fair’’ at a local Orientation and Mobility Instruction course, National Payroll Week. this center offers much to the communities of mall, school addresses by Dana Scott, sister f Monterey County. Last year, the Blind’’, and of Rachel Scott, was killed at Columbine, and Visually Impaired Center provided direct serv- VIOLENCE PREVENTION WEEK the incorporation of topics relating to violence ices to three hundred forty-eight clients from prevention into the school curriculum. twenty-two towns, cities, and villages. The cli- HON. SOLOMON P. ORTIZ Events will culminate in a LIFE (Laborers in ents live throughout Monterey County, from OF TEXAS Fields of Education) breakfast for educators the coastline at Pebble Beach to the farm IN THE HOUSE OF REPRESENTATIVES and community leaders on Saturday, Sept. 8. communities of Greenfield and King City. The guest speaker will be Darrell Scott, father I am proud to honor the work of the dedi- Thursday, September 6, 2001 of Rachel Scott, whose story of refusing to cated staff and volunteers at the Blind and Mr. ORTIZ. Mr. Speaker, I rise today to deny her faith at her killer’s request inspired Visually Impaired Center of Monterey County. commend the community of Brownsville, millions around the world.

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HIGHLIGHTS Senate passed Export Administration Act. The House and Senate held a joint meeting to receive His Excellency, Vicente Fox, President of the United Mexican States. Senate of the Immigration and Nationality Act by extend- Chamber Action ing the deadline for classification petition and labor Routine Proceedings, pages S9129–S9204 certification filings, after agreeing to the following Measures Introduced: Four bills were introduced, amendment proposed thereto: Pages S9190–92 as follows: S. 1408–1411. Page S9197 Reid (for Lott) Amendment No. 1532, in the na- Measures Reported: ture of a substitute. Pages S9191–92 S. 543, to provide for equal coverage of mental Olympic Truce Observance: Senate agreed to S. health benefits with respect to health insurance cov- Res. 126, expressing the sense of the Senate regard- erage unless comparable limitations are imposed on ing observance of the Olympic Truce. Pages S9192–93 medical and surgical benefits., with an amendment Asia Pacific Parliamentary Forum Support: in the nature of a substitute. (S. Rept. No. 107–61) Senate agreed to S. Con Res. 58, expressing support S. 703, to extend the effective period of the con- for the tenth annual meeting of the Asia Pacific Par- sent of Congress to the interstate compact relating to the restoration of Atlantic salmon to the Con- liamentary Forum. Page S9193 necticut River Basin and creating the Connecticut Commerce, Justice, State Appropriations— River Atlantic Salmon Commission. Agreement: A unanimous-consent agreement was S. 1233, to provide penalties for certain unauthor- reached providing for consideration of H.R. 2500, ized writing with respect to consumer products, with making appropriations for the Departments of Com- an amendment in the nature of a substitute. merce, Justice, and State, the Judiciary, and related Page S9197 agencies for the fiscal year ending September 30, Measures Passed: 2002, on Monday, September 10, 2001; and that once the bill is reported the Majority Manager or his Export Administration Act: By 85 yeas to 14 designee be recognized to offer the text of the Senate nays (Vote No. 275), Senate passed S. 149, to pro- Committee reported bill as a substitute amendment, vide authority to control exports, after agreeing to that the amendment be considered agreed to as the committee amendment in the nature of a sub- original text for the purpose of further amendments, stitute, and taking action on the following amend- provided that no points of order be waived by this ments proposed thereto: Pages S9130–46, S9160–81 agreement. Page S9192 Adopted: Thompson Amendment No. 1527, to redefine the Executive Communications: Pages S9195–97 concept of foreign availability. Page S9132 Executive Reports of Committees: Page S9197 Kyl Amendment No. 1529, to provide for post- Messages From the House: Page S9194 shipment verification. Pages S9133–34 Sarbanes Amendment No. 1530, to clarify, cor- Measures Referred: Pages S9194–95 rect, and improve certain provisions of the bill. Measures Placed on Calendar: Page S9195 Pages S9135–37 Statements on Introduced Bills: Page S9198 Section 245(i) Extension Act: Senate passed H.R. 1885, to expand the class of beneficiaries who may Additional Cosponsors: Pages S9197–98 apply for adjustment of status under section 245(i) Amendments Submitted: Pages S9202–03 D869

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Additional Statements: Pages S9193–94 tor, Acquisition and Sourcing Management Team, Authority for Committees: Pages S9203–04 General Accounting Office; Michael James McCulley, United Space Alliance, Houston, Texas; Record Votes: One record vote was taken today. Richard D. Blomberg, Dunlop and Associates, Inc, (Total—275) Page S9163 Stamford, Connecticut, on behalf of the Aerospace Adjournment: Senate met at 10:30 a.m. and ad- Safety Advisory Panel; and Bryan D. O’Connor, journed at 8:29 p.m., until 11 a.m., on Monday, Futron Corporation, Washington, D.C., on behalf of September 10, 2001. (For Senate’s program, see the the National Research Council Committee on Space remarks of the Acting Majority Leader in today’s Shuttle Upgrades. Record on page S9204.) Hearings recessed subject to call. NOMINATION Committee Meetings Committee on Health, Education, Labor, and Pensions: (Committees not listed did not meet) Committee concluded hearings on the nomination of Brian Jones, of California, to be General Counsel, AUTHORIZATION—DEFENSE Department of Education, after the nominee, who Committee on Armed Services: Committee met in closed was introduced by Senators Hatch and DeWine, tes- session to continue markup of proposed legislation tified and answered questions in his own behalf. authorizing funds for fiscal year 2002 for military BUSINESS MEETING activities of the Department of Defense, but did not complete action thereon, and will meet again on Fri- Committee on the Judiciary: Committee ordered favor- day, September 7. ably reported the following business items: S. 703, to extend the effective period of the con- AUTHORIZATION—DEFENSE sent of Congress to the interstate compact relating Committee on Armed Services: Subcommittee on Stra- to the restoration of Atlantic salmon to the Con- tegic met in closed session and approved for full necticut River Basin and creating the Connecticut committee consideration, those provisions which fall River Atlantic Salmon Commission; within the jurisdiction of the subcommittee, of pro- S. 1233, to provide penalties for certain unauthor- posed legislation authorizing appropriations for fiscal ized writing with respect to consumer products, with year 2002 for military activities of the Department an amendment in the nature of a substitute; and of Defense. The nominations of Sharon Prost, of the District of Columbia, to be United States Circuit Judge for BUDGET REVIEW the Federal Circuit, Reggie B. Walton, of the Dis- Committee on the Budget: Committee concluded hear- trict of Columbia, to be United States District Judge ings to examine the Office of Management and for the District of Columbia, and Deborah J. Dan- Budget mid-session review and the budget and eco- iels, of Indiana, to be an Assistant Attorney General, nomic outlook, after receiving testimony from and Richard R. Nedelkoff, of Texas, to be Director Mitchell E. Daniels, Jr., Director, Office of Manage- of the Bureau of Justice Assistance, both of the De- ment and Budget. partment of Justice. SPACE SHUTTLE SAFETY AUTHORIZATION—INTELLIGENCE Committee on Commerce, Science, and Transportation: Sub- Select Committee on Intelligence: Committee met in committee on Science, Technology, and Space held closed session and ordered favorably reported an hearings to examine workforce and safety issues fac- original bill to authorize appropriations for fiscal ing the National Aeronautics and Space Administra- year 2002 for intelligence and intelligence-related tion’s (NASA) space shuttle program, receiving testi- activities of the United States Government, the mony from William F. Readdy, Deputy Associate Community Management Account, and the Central Administrator, Office of Space Flight, National Aer- Intelligence Agency Retirement and Disability Sys- onautics and Space Administration; Allen Li, Direc- tem.

VerDate 11-MAY-2000 04:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE1.REC pfrm02 PsN: D06SE1 September 6, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D871 House of Representatives inatory treatment with respect to the products of the Chamber Action Socialist Republic of Vietnam. The joint resolution Bills Introduced: 24 public bills, H.R. 2844–2867; was considered pursuant to the order of the House and 6 resolutions, H.J. Res. 60, and H. Con. Res. of Sept. 5, 2001. Pages H5427–40 217–221, were introduced. Pages H5454–55 Meeting Hour—Monday, Sept. 10: Agreed that Reports Filed: Reports were filed as follows: when the House adjourns today, it adjourn to meet H.R. 434, to direct the Secretary of Agriculture on Monday, Sept. 10 at 12:30 p.m. Page H5441 to enter into a cooperative agreement to provide for Calendar Wednesday: Agreed to dispense with the retention, maintenance, and operation, at private ex- Calendar Wednesday business of Wednesday, Sept. pense, of the 18 concrete dams and weirs located 12. Page H5441 within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California (H. Rept. Referrals: H.R. 1448 was re-referred to the Com- 107–201). Page H5454 mittees on Resources and the Judiciary. Speaker Pro Tempore: Read a letter from the Pages H5440–41 Speaker wherein he appointed Representative Quorum Calls—Votes: One yea-and-nay vote de- Shimkus to act as Speaker pro tempore for today. veloped during the proceedings of the House today Page H5409 and appears on pages H5426–27. There were no Guest Chaplain: The prayer was offered by the quorum calls. guest Chaplain, Rev. Roy Mays III, Southland Chris- Adjournment: The House met at 10 a.m. and ad- tian Church, Lexington, Kentucky. Page H5409 journed at 5:42 p.m. Recess: The House recessed at 10:07 a.m. and re- convened at 12:21 p.m. Agreed that the proceedings had during the recess be printed in the Record. Committee Meetings Page H5410 DISTRICT OF COLUMBIA APPROPRIATIONS Address by His Excellency, Vicente Fox, Presi- Committee on Appropriations: Subcommittee on the dent of the United Mexican States: The House District of Columbia approved for full Committee and Senate held a joint meeting to receive His Ex- cellency, Vicente Fox, President of the United Mexi- action the District of Columbia appropriations for fiscal year 2002. can States. Pages H5410–12 The following members of the House and Senate escorted President Fox into the House Chamber: MILITARY CONSTRUCTION Armey, Watts of Oklahoma, Cox, Hyde, Ballenger, APPROPRIATIONS Kolbe, Dreier, Wilson, Bonilla, Barton of Texas, Committee on Appropriations: Subcommittee on Mili- Cannon, Gephardt, Bonior, Frost, Menendez, tary Construction approved for full Committee ac- DeLauro, Pastor, Lantos, Lowey, Reyes, Roybal-Al- tion the Military Construction appropriations for fis- lard, Rodriguez, Napolitano, Baca, Ortiz, Serrano, cal year 2002. Becerra, Gutierrez, Underwood, Vela´zquez, Hinojosa, Sanchez, Gonzalez, Acevedo-Vila´, Solis, and Senators GENETIC NONDISCRIMINATION Daschle, Reid, Kerry, Rockefeller, Murray, Durbin, Committee on Education and the Workforce: Sub- Boxer, Kennedy, Hollings, Biden, Leahy, Lott, Nick- committee on Employer-Employee Relations held a les, Hutchinson, Craig, Frist, Domenici, Helms, hearing on ‘‘Genetic Non-Discrimination: Implica- Lugar, Gramm of Texas, and Brownback. Page H5410 tions for Employer Provided Health Care Plans.’’ Vietnam Human Rights Act: The House passed Testimony was heard from public witnesses. H.R. 2833, to promote freedom and democracy in Vietnam by a yea-and-nay vote of 410 yeas to 1 nay, PRICE-ANDERSON ACT Roll No. 335. The bill was considered pursuant to REAUTHORIZATION the order of the House of Sept. 5, 2001. Committee on Energy and Commerce: Subcommittee on Pages H5413–27 Energy and Air Quality held a hearing on the reau- Extension of Nondiscriminatory Treatment to thorization of the Price-Anderson Act. Testimony the Products of Vietnam: The House passed H.J. was heard from Francis Blake, Deputy Secretary, De- Res. 51, approving the extension of nondiscrim- partment of Energy.

VerDate 11-MAY-2000 04:48 Sep 07, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE1.REC pfrm02 PsN: D06SE1 D872 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2001 CONSUMER RENTAL PURCHASE NSF’S MAJOR RESEARCH FACILITIES AGREEMENT ACT Committee on Science: Subcommittee on Research held Committee on Financial Services: Subcommittee on Fi- a hearing on NSF’s Major Research Facilities: Plan- nancial Institutions and Consumer Credit began ning and Management Issues. Testimony was heard markup of H.R. 1701, Consumer Rental Purchase from the following officials of the NSF: Rita R. Agreement Act. Colwell, Director; Anita K. Jones, Vice Chair, Na- tional Science Board; and Christine C. Boesz, Inspec- TOWARD A TELEWORK-FRIENDLY tor General; and a public witness. GOVERNMENT WORKPLACE Committee on Government Reform: Subcommittee on DOD’S PROCUREMENT POLICIES Technology and Procurement Policy held a hearing Committee on Small Business: Held a hearing on the on ‘‘Toward a Telework-Friendly Government Work- Department of Defense’s procurement policies. Testi- place: An Update on Public and Private Approaches mony was heard from Col. Curtis A. Wright, USAF, to Telecommuting.’’ Testimony was heard from Bob Acting Director, Small and Disadvantaged Busi- Robertson, Director, Education, Workforce, and In- nesses, Department of Defense; and public witnesses. come Security Issues, GAO; Teresa Jenkins, Director, Office of Workforce Relations, OPM; David Bibb, FEDERAL PROTECTION SERVICE REFORM Deputy Associate Administrator, Office of Govern- ACT ment-wide Policy, GSA; and public witnesses. Committee on Transportation and Infrastructure: Sub- committee on Economic Development, Public Build- AGRICULTURAL ACT; AUSTRALIAN AND ings and Emergency Management held a hearing on U.S. ALLIANCE ANNIVERSARY H.R. 307, Federal Protection Service Reform Act. RESOLUTION Testimony was heard from Representative Traficant; Committee on International Relations: Ordered reported, Joseph Moravec, Commissioner, Public Buildings as amended, H.R. 2646, Agricultural Act of 2001. Services, GSA; and public witnesses. The Committee also adopted a motion urging the chairman to request that the following resolution be VETERANS’ LEGISLATION considered on the Suspension Calendar: H. Con. Res. Committee on Veterans’ Affairs: Subcommittee on 217, recognizing the historic significance of the fif- Health held a hearing on the following bills: H.R. tieth anniversary of the alliance between Australia 2792, Disabled Veterans Service Dog and Health and the United States under the ANZUS Treaty, Care Improvement Act of 2001; H.R. 1435, Vet- paying tribute to the United States-Australia rela- erans’ Emergency Telephone Service Act of 2001; tionship, reaffirming the importance of economic and H.R. 1136, to amend title 38, United States and security cooperation between the United States Code, to require Department of Veterans Affairs and Australia, and welcoming the state visit by Aus- pharmacies to dispense medication to veterans for tralian Prime Minister John Howard. prescriptions written by private practitioners. Testi- mony was heard from Representatives Capps, CHILD CUSTODY PROTECTION ACT Weldon of Florida and Wicker; Anthony J. Principi, Committee on the Judiciary: Subcommittee on the Con- Secretary of Veterans Affairs; and representatives of stitution held a hearing on H.R. 476, Child Custody various veterans organizations. Protection Act. Testimony was heard from public f witnesses. COMMITTEE MEETINGS FOR FRIDAY, COALBED METHANE RESOURCES SEPTEMBER 7, 2001 Committee on Resources: Subcommittee on Energy and (Committee meetings are open unless otherwise indicated) Mineral Resources held an oversight hearing on ‘‘The Senate Orderly Development of Coalbed Methane Resources from Public Lands.’’ Testimony was heard from the Committee on Armed Services: closed business meeting to continue markup on proposed legislation authorizing ap- following officials of the Department of the Interior: propriations for fiscal year 2002 for military activities of Gene Whitney, Supervisor Geologist, U.S. Geologi- the Department of Defense, 9:30 a.m., SR–222. cal Survey; and Tom Fulton, Deputy Assistant Sec- Committee on Health, Education, Labor, and Pensions: Sub- retary, Lands and Minerals; Dennis Hemmer, Direc- committee on Children and Families, to hold hearings to tor, Department of Environmental Quality, State of examine the national health crisis regarding teen and Wyoming; and public witnesses. young adult suicide issues, 9:30 a.m., SD–430.

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Committee on the Judiciary: to hold hearings to examine September 13, Subcommittee on Science, Technology, the historical opportunity for U.S.-Mexico migration dis- and Space, to hold hearings to examine digital divide cussions, 10 a.m., SD–106. issues, 2 p.m., SR–253. Committee on Energy and Natural Resources: September House 12, with the Committee on Indian Affairs, to hold joint No Committee meetings are scheduled. hearings to examine legislative proposals relating to the development of energy resources on Indian and Alaska Joint Meetings Native lands, including the generation and transmission Commission on Security and Cooperation in Europe: to hold of electricity, 2:30 p.m., SD–366. a joint briefing to examine research data on domestic vio- Committee on Environment and Public Works: September lence and the extent to which governments, particularly 10, Subcommittee on Transportation, Infrastructure, and law enforcement authorities, have fulfilled their respon- Nuclear Safety, to hold oversight hearings to examine the sibilities to protect individuals from such abuse, focusing implementation of the Intelligent Transportation Systems on U.S. models for providing services to victims of do- program, 3:30 p.m., SD–406. mestic violence, including the response of faith-based September 13, Subcommittee on Fisheries, Wildlife, communities, 10:30 a.m., 2200 Rayburn Building. and Water, to hold oversight hearings to examine the Joint Economic Committee: to hold hearings to examine utilization of available water and wastewater infrastruc- the employment-unemployment situation for August, ture funding, 10 a.m., SD–406. 9:30 a.m., 1334 Longworth Building. Committee on Finance: September 12, to resume hearings f to examine the role of tax incentives in energy policy, 10:30 a.m., SD–215. CONGRESSIONAL PROGRAM AHEAD September 12, Subcommittee on Social Security and Week of September 10 through September 15, Family Policy, to hold hearings to examine S. 685, to amend title IV of the Social Security Act to strengthen 2001 working families, 2 p.m., SD–215. Senate Chamber Committee on Foreign Relations: September 11, Sub- committee on African Affairs, to hold hearings to exam- On Monday, at 12 noon, Senate will begin consid- ine human rights, labor rights, and anti-corruption eligi- eration of H.R. 2500, Commerce, Justice, State Ap- bility requirements for African Growth Opportunity Act propriations Act. Page S benefits, 2:30 p.m., SD–419. During the balance of the week, Senate expects to September 12, Full Committee, to hold hearings on resume consideration of H.R. 2500, Commerce, Jus- the nomination of John D. Negroponte, of the District tice, State Appropriations Act, and any other cleared of Columbia, to be a Representative of the United States legislative and executive business, including other of America to the Sessions of the General Assembly of the appropriation bills when available. United Nations during his tenure of service as Represent- ative of the United States of America to the United Na- Senate Committees tions and to be the Representative of the United States (Committee meetings are open unless otherwise indicated) of America to the United Nations in the Security Council Committee on Appropriations: September 12, Sub- of the United Nations, 2:15 p.m., SD–419. committee on Labor, Health and Human Services, and Committee on Governmental Affairs: September 12, to Education, to hold hearings to examine stem cell research hold hearings to examine the security of critical govern- issues, 9 a.m., SD–106. mental infrastructure, 9:30 a.m., SD–342. Committee on Armed Services: September 13, to hold hear- Committee on Health, Education, Labor, and Pensions: Sep- ings on the nomination of General Richard B. Myers, tember 10, to hold hearings to examine contraceptive in- USAF, for appointment as the Chairman of the Joint surance coverage issues, 3 p.m., SD–430. Chiefs of Staff and appointment to the grade of general, September 11, Full Committee, to hold hearings to ex- 2:30 p.m., SH–216. amine early learning as an investment for children and Committee on Banking, Housing, and Urban Affairs: Sep- the future, 10 a.m., SR–325. tember 11, to hold hearings to examine issues relating to September 12, Full Committee, business meeting to the failure of Superior Bank, FSB, Hinsdale, Illinois, 10 consider S. 952, to provide collective bargaining rights a.m., SD–538. for public safety officers employed by States or their po- September 12, Full Committee, to hold oversight hear- litical subdivisions; S. 928, to amend the Age Discrimi- ings to examine the Administration’s national money nation in Employment Act of 1967 to require, as a con- laundering strategy for 2001, 9:30 a.m., SD–538. dition of receipt or use of Federal financial assistance, that Committee on Commerce, Science, and Transportation: Sep- States waive immunity to suit for certain violations of tember 11, Subcommittee on Communications, to hold that Act, and to affirm the availability of certain suits for hearings to examine E–911 issues, 2 p.m., SR–253. injunctive relief to ensure compliance with that Act; and September 13, Full Committee, to hold hearings to ex- the nomination of Brian Jones, of California, to be Gen- amine Corporate Average Fuel Economy (CAFE) Stand- eral Counsel, Department of Education, 9:30 a.m., ards, 9:30 a.m., SR–253. SD–430.

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September 13, Full Committee, to hold hearings to ex- on September 11, and with emphasis on Regional Trans- amine issues concerning protection against genetic dis- mission Organizations, Open Access, and Federal Juris- crimination and limits of existing laws, 10 a.m., SD–430. diction, 9:30 a.m., 2123 Rayburn on September 14. September 13, Subcommittee on Public Health, to September 11, Subcommittee on Oversight and Inves- hold hearings to examine the protection of human sub- tigations, hearing entitled ‘‘A Review of Federal Bioter- jects in research, 2 p.m., SD–430. rorism Preparedness Programs from a Public Health Per- Committee on Indian Affairs: September 12, with the spective,’’ 10 a.m., 2123 Rayburn. Committee on Energy and Natural Resources, to hold Committee on Financial Services, September 12, Sub- joint hearings to examine legislative proposals relating to committee on Financial Institutions and Consumer Cred- the development of energy resources on Indian and Alaska it, to continue hearings on deposit insurance reform, fo- Native lands, including the generation and transmission cusing on the views of the Chairman of the FDIC, 10 of electricity, 2:30 p.m., SD–366. a.m., 2128 Rayburn. Committee on the Judiciary: September 11, to hold hear- Committee on Government Reform, September 11, Sub- ings on the nomination of John P. Walters, of Michigan, committee on National Security, Veterans’ Affairs and to be Director of National Drug Control Policy, 10:30 a.m., SD–226. International Relations, hearing on the Standard Procure- September 12, Subcommittee on Immigration, to hold ment System (SPS): Can the DOD Procurement Process hearings to examine S. 1265, to amend the Immigration be Standardized? 10 a.m., 2247 Rayburn. and Nationality Act to require the Attorney General to September 13, full Committee, hearing entitled ‘‘The cancel the removal and adjust the status of certain aliens Need for Congressional Oversight of the Justice Depart- who were brought to the United States as children, 9 ment,’’ 10 a.m., 2154 Rayburn. a.m., SD–226. Committee on International Relations, September 11, Sub- September 12, Subcommittee on Technology, Ter- committee on Africa, hearing on Chad-Cameroon Pipe- rorism, and Government Information, to hold hearings to line: A New Paradigm for Energy Development, 2 p.m., examine S. 1055, to require the consent of an individual 2172 Rayburn. prior to the sale and marketing of such individual’s per- Committee on Resources, September 11, Subcommittee on sonally identifiable information, 2 p.m., SD–226. National Parks, Recreation and Public Lands, hearing on September 13, Full Committee, to hold hearings on H.R. 2388, National Heritage Areas Policy Act of 2001, pending nominations, 2 p.m., SD–226. 10 a.m., 1334 Longworth. September 12, full Committee, to mark up the fol- House Chamber lowing bills: H.R. 107, to require that the Secretary of To be announced. the Interior conduct a study to identify sites and re- House Committees sources, to recommend alternatives for commemorating and interpreting the Cold War; H.R. 400, to authorize Committee on Appropriations, September 11, Sub- the Secretary of the Interior to establish the Ronald committee on Foreign Operations, Export Financing and Reagan Boyhood Home National Historic Site; H.R. Related Programs, on Global AIDS and Health Trust 1161, to authorize the Government of the Czech Repub- Fund, 2 p.m., 2359 Rayburn. lic to establish a memorial to honor Tomas G. Masaryk September 13, Subcommittee on Commerce, Justice, in the District of Columbia; H.R. 1230, Detroit River State and Judiciary, on OxyContin, 9:30 a.m., 2359 Ray- International Wildlife Refuge Establishment Act; H.R. burn. 1384, Navajo Long Walk National Historic Trail Study Commmittee on the Budget, September 13, hearing on The Act; H.R. 1456, Booker T. Washington National Monu- Imperative to Reform: Addressing the Unsustainability of ment Boundary Adjustment Act of 2001; H.R. 1576, Social Security, 10 a.m., 210 Cannon. James Peak Wilderness, Wilderness Study, and Protection Committee on Education and the Workforce, September 11, Area Act; H.R. 1814, Metacomet-Monadnock-Sunapee- hearing on ‘‘The Nursing Shortage: Causes, Impact and Innovative Remedies,’’ 2 p.m., 2175 Rayburn. Mattabesett Trail Study Act of 2001; H.R. 1989, Fish- September 12, hearing on ‘‘Over Identification Issues eries Conservation Act of 2001; H.R. 2062, to extend the within the Individuals with Disabilities Education Act effective period of the consent of Congress to the inter- and the Need for Reform,’’ 2 p.m., 2175 Rayburn. state compact relating to the restoration of Atlantic salm- September 13, Subcommittee on Education Reform, on to the Connecticut River Basin and creating the Con- hearing on Improving Education Through Research, 10 necticut River Atlantic Salmon Commission; H.R. 2114, a.m., 2175 Rayburn. National Monument Fairness Act of 2001; and H.R. September 13, Subcommittee on Select Education, 2385, Virgin River Dinosaur Footprint Preserve Act; and hearing on Prevention and Treatment of Child Abuse and to consider other pending business, 10 a.m., 1334 Long- Neglect: Policy Directions for the Future, 2 p.m., 2175 worth. Rayburn. September 13, Subcommittee on Energy and Mineral Committee on Energy and Commerce, September 11 and Resources, hearing on H.R. 1913, to require the valu- 14, Subcommittee on Energy and Air Quality, hearings ation of non-tribal interest ownership of subsurface rights on Electric Transmission Policy, with emphasis on Siting, within the boundaries of the Acoma Indian Reservation, Incentive Rates, and Reliability, 2 p.m., 2322 Rayburn 2 p.m., 1334 Longworth.

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September 13, Subcommittee on Fisheries Conserva- Regulatory and Contracting Reform Act of 2001, 2 p.m., tion, Wildlife and Oceans, oversight hearing on the Hy- 1100 Longworth. drographic Services Improvement Act of 1998, and other Permanent Select Committee on Intelligence, September 11, National Ocean Service programs, 10 a.m., 1324 Long- executive, hearing on the Fiscal Year 2002 TIARA/JMIP worth. Budget, 10 a.m., H–405 Capitol. Committee on Small Business, September 12, hearing on September 12, executive, hearing on Fiscal Year 2002 recent proposals to increase the minimum wage under the NEIP Budget, 3 p.m., H–405 Capitol. Fair Labor Standards Act of 1938, 10 a.m., 2360 Ray- burn. Joint Meetings September 13, Subcommittee on Regulatory Reform and Oversight, hearing titled ‘‘Removing Red Tape from Commission on Security and Cooperation in Europe: Sep- the Department of Labor’s Apprenticeship Approval Proc- tember 12, to hold hearings to examine U.S. policy to- ess,’’ 10 a.m., 2360 Rayburn. ward the Organization for Security and Cooperation in Committee on Ways and Means, September 11, Sub- Europe and review the implementation of OSCE human committee on Health, hearing on H.R. 2768, Medicare rights commitments, 2 p.m., SR–485.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, September 10 12:30 p.m., Monday, September 10

Senate Chamber House Chamber Program for Monday: After the recognition of two Sen- Program for Monday: To be announced. ators for speeches and the transaction of any routine morning business (not to extend beyond 12 noon), Senate will begin consideration of H.R. 2500, Commerce, Jus- tice, State Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gillmor, Paul E., Ohio, E1595, E1595, E1596 Ortiz, Solomon P., Tex., E1608 Israel, Steve, N.Y., E1608 Ose, Doug, Calif., E1605 Ackerman, Gary L., N.Y., E1600 Johnson, Eddie Bernice, Tex., E1602, E1604, E1605 Pascrell, Bill, Jr., N.J., E1598 Armey, Richard K., Tex., E1596 Kennedy, Mark R., Minn., E1606 Rothman, Steven R., N.J., E1597 Barcia, James A., Mich., E1602, E1604, E1605 King, Peter T., N.Y., E1597 Roukema, Marge, N.J., E1607 Boucher, Rick, Va., E1603 Lantos, Tom, Calif., E1601 Rush, Bobby L., Ill., E1599 Conyers, John, Jr., Mich., E1595, E1595, E1596, E1597, McCarthy, Carolyn, N.Y., E1600 Sanders, Bernard, Vt., E1598 E1598 McGovern, James P., Mass., E1596 Thompson, Mike, Calif., E1602, E1603, E1605 Crowley, Joseph, N.Y., E1597 Manzullo, Donald A., Ill., E1601 Towns, Edolphus, N.Y., E1606 Dooley, Calvin M., Calif., E1604 Miller, George, Calif., E1605 Walden, Greg, Ore., E1598 Etheridge, Bob, N.C., E1598 Morella, Constance A., Md., E1599 Walsh, James T., N.Y., E1603, E1604, E1606 Farr, Sam, Calif., E1608 Nadler, Jerrold, N.Y., E1595, E1596 Woolsey, Lynn C., Calif., E1602, E1606 Foley, Mark, Fla., E1598 Ney, Robert W., Ohio, E1602, E1603, E1605, E1606

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