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

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

Vol. 147 WASHINGTON, TUESDAY, JULY 31, 2001 No. 109 House of Representatives The House met at 9 a.m. our assets and limitations are. In the on how to vote and that they are able f event of an international crisis, it will to utilize high technology equipment. be critical that we know what is there. There are many legislative initia- MORNING HOUR DEBATES f tives that are fostering or looking to The SPEAKER. Pursuant to the improve the election system. I support order of the House of January 3, 2001, SUPPORT FOR A DAY OF the Dodd-Conyers legislation and I the Chair will now recognize Members DEMOCRACY have offered legislation myself to de- from lists submitted by the majority The SPEAKER pro tempore (Mr. termine the best technology that this and minority leaders for morning hour PENCE). Under the Speaker’s an- Nation should use. debates. The Chair will alternate rec- nounced policy of January 3, 2001, the Many jurisdictions who have the re- ognition between the parties, with each gentlewoman from Texas (Ms. JACK- sources have already begun to improve party limited to not to exceed 25 min- SON-LEE) is recognized during morning their election system. We must keep in utes, and each Member except the ma- hour debates for 5 minutes. mind, however, that the rush to judg- jority leader, the minority leader or Ms. JACKSON-LEE of Texas. Mr. ment to improve our election system the minority whip limited to not to ex- Speaker, this morning the Ford-Carter should not replace one bad system with ceed 5 minutes, but in no event shall Commission on Election Reform will another. So it is imperative that we debate extend beyond 9:50 a.m. release its report. One of the striking create standards and I hope the Ford- The Chair recognizes the gentleman aspects of its report, and I say striking Carter commission includes that. I have a bill, H.R. 934, that has spo- from Nebraska (Mr. OSBORNE) for 5 because it is sometimes rare for com- ken to the issue of a national holiday. minutes. missions to study an issue and offer to Why a national holiday? One more give the American people another day f day for us to be in the shopping malls? off; but I believe this is an important I think not. A day that everyone can SUPPORT OF THE PRESIDENT’S step in acknowledging the very impor- focus on their most important respon- ENERGY PLAN tant and pivotal role that the Amer- sibility, and that is the maintenance of Mr. OSBORNE. Mr. Speaker, I re- ican people play in fostering democ- democracy in this Nation, the upkeep cently heard a member of the Com- racy in this Nation. That is the elec- of the Constitution. This will allow col- mittee on Resources make an inter- tion of the President of the United lege students and high school students esting statement. This individual said States, election of their Federal offi- and working people from all walks of that the United States currently has cials that come about in one group life to participate in a day of democ- only 3 percent of the known oil re- every 4 years. The President, in many racy. That is what we should call it. serves in the world. The truth is that instances, Senators and, of course, My bill, H.R. 934, says it is a sense of we really do not know. We do not know Members of the House of Representa- Congress that private employers in the whether it has 3 percent or 5 percent or tives are running for reelection. United States should give their em- 15 percent or 20 percent, because for The Ford-Carter Commission was to ployees a day off on the Tuesday next, the last 10, 15, 20 years we have done assess the plight of elections in this after the first Monday in November in absolutely no exploration. We have had Nation. Certainly a laboratory was the 2004 and each fourth year thereafter to no energy plan. election of November 2000. Not only enable the employees to cast votes in Mr. Speaker, think about what cor- was Florida a prime example where the presidential and other elections poration, what military unit, what ath- things can go wrong, but as I traveled held on that day. letic team would proceed without a around the country listening to voters But, more importantly, we will not plan and without knowing what its as- in many many jurisdictions, this is a hear of the young mother or the young sets were. This is precisely what we problem that is systemic to our Nation father or the hard-working individual have done here in the United States. and one that we must fix in order to who says, I just did not get the time to I would really encourage people to enhance democracy. vote. I tried to get back to my polling support the President’s energy plan be- We must ensure that every voter has place, but it was closed. Traffic kept cause, number one, it provides a blue- a right to vote. We must ensure that me from voting. Transportation kept print where there has been none, a plan they are knowledgeable about where to me from voting. My employer would of action that provides conservation vote. We have to ensure that voters are not let me have time off to vote. practices and development of alter- not purged from the list that is kept by College students who might want to native fuels. It also provides for explo- their local governmental officials. We be poll workers at the polls, a most im- ration which allows us to know what must ensure that voters are educated portant responsibility on that day,

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.

H4865

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.000 pfrm02 PsN: H31PT1 H4866 CONGRESSIONAL RECORD — HOUSE July 31, 2001 knowing the laws, assisting people in products that the Thomasville Chair team focused and the fans engaged, exercising their democratic right, hav- Company, which eventually became continuing in the great tradition of his ing those kinds of poll workers assist Thomasville Furniture Industries, were predecessor. us along with other professionals as almost exclusively simple, sturdy, Today, Mr. Speaker, the Bulldogs are well as the wonderful volunteers we straight-back chairs. led by yet another great leader and have had to date. Today, Thomasville remains an former quarterback, Benjie Brown, who Mr. Speaker, I think it is high time international center for furniture man- follows in the footsteps of his dad, for us to be able to give the kind of ufacturing; and Thomasville Furniture Allen Brown, and Coach Cushwa. credible evidence and the kind of re- Industries, its leading manufacturer, Needless to say, Mr. Speaker, Thom- spect for the election system that is has made the name Thomasville known asville is a vibrant city whose future long overdue in this Nation. There are around the globe. looms bright, and it is truly an honor many countries around the world that In 1922, in an effort to take advan- for me to be able to recognize this fine fight for the meager chance to cast tage of its reputation as ‘‘The Chair city, the Chair Capital of the World on their vote. There are many that do not Town,’’ Thomasville Chair Company the House floor and wish it well as it have that chance. There are others who erected a gigantic chair in the middle begins its celebration for its 150th look to us for our leadership and many of the town square. The project kept birthday next year. countries have had us as election mon- three men working 20 hours a day for 1 f itors. week and took the same amount of TAKING ANOTHER LOOK AT We can do no less for our citizens lumber that would have been required SPRING VALLEY than to ensure that every vote counts, to construct 100 ordinary chairs. to ensure that we have a working sys- Unfortunately, after 15 years of expo- The SPEAKER pro tempore. Under tem that allows every vote to count, to sure, the local chair was torn down in the Speaker’s announced policy of Jan- respect the military votes, to respect 1936. Due to the Depression and the ad- uary 3, 2001, the gentleman from Or- those who have done their time in pris- vent of World War II, another chair was egon (Mr. BLUMENAUER) is recognized ons and now want to be the kind of not built until 1948. In 1948, once again, during morning hour debates for 5 min- citizens that will have their rights re- Thomasville Chair Company spear- utes. stored, to respect those who have reg- headed the effort to construct another Mr. BLUMENAUER. Mr. Speaker, istered and yet now are purged. chair, and a decision was made to con- this morning’s editorial in the Wash- There are many things we can do to struct a chair that would stand the test ington Post calls for a second look at fix the election system. But I believe of time. Spring Valley. This is the area in an one that we can all rally around is the The concrete chair was a reproduc- exclusive residential neighborhood in Ford-Carter commission. As I said, this tion of the original Duncan Phyfe arm- Washington, D.C., immediately adja- national holiday will not be a shopping chair. Today, the monument stands al- cent to the American University cam- day. It will be a day of freedom, a day most 30 feet high and overlooks the pus, that was 83 years ago the site of that we will recognize that every single downtown square. In addition to the American chemical weapons testing American goes to the polls acknowl- chair, downtown Thomasville is home and production during World War I. It edging and respecting our democracy. to North Carolina’s oldest railroad is one of over 1,000 sites across America When our men and women offer depot which today houses the Thomas- where we have unexploded ordnance, themselves for the ultimate sacrifice in ville Visitors Center. military toxins, environmental waste the United States military, they do so Another one of Thomasville’s signifi- left from the past. so that freedom will reign. Support cant contributions is its commitment I could not agree more with the H.R. 934 as we move to the process of to the Mills Home Baptist Children’s Washington Post that it is time for a enhancing democracy in this Nation. Orphanage, the largest orphanage in second look at what is happening in f the South outside of Texas. The or- Spring Valley. phanage provides a wide array of very Last spring, the gentlewoman from CELEBRATING THE CITY OF important children’s services to the Washington, D.C., (Ms. NORTON) and I THOMASVILLE’S 150TH BIRTHDAY local and State communities. led a group of media and concerned The SPEAKER pro tempore. Under One of the longest held traditions in citizens to visit the site where we have the Speaker’s announced policy of Jan- Thomasville, Mr. Speaker, is saw the areas of the concentration of uary 3, 2001, the gentleman from North Everybody’s Day. We continue to ob- arsenic, the vacant child care center Carolina (Mr. COBLE) is recognized dur- serve it. The first Everybody’s Day that had many, many times the level of ing morning hour debates for 5 min- Festival was held in Thomasville in recommended contaminants before it utes. 1908 and is North Carolina’s oldest fes- was vacated, that now stands empty Mr. COBLE. Mr. Speaker, the city of tival. where just a few months ago there were Thomasville, North Carolina, will cele- In 1910, the Amazon Cotton Mill, one young children. brate its 150th birthday in 2002. of the Cannon chain of textile mills, Or looking at the back yard of the When one thinks of Thomasville, opened its doors as did the Jewell cot- Korean Ambassador that is all there are many things that come to ton mills that same year. Jewell was a scratched away where they are trying mind: Thomasville Furniture Indus- result of investments contributed by even now after the second cleanup to tries, the Big Chair, the Baptist Chil- local investors in the community. Both finish the job. dren’s Orphanage, Everybody’s Day, these mills served as a catalyst for Yes, it is time for a second look at textiles, and high school football. what would become a very vibrant in- the Spring Valley situation to see what Thomasville was named for State dustry, which still exists today. happened, who knew the information, Senator John W. Thomas, who helped Last, but certainly not least, Thom- to see if people were adequately warned pioneer the construction of the first asville is home to a long and rich high of the dangers. But I think there is a railroad across North Carolina and, in school football tradition, a tradition of much larger issue here than the man- 1852, created the town of Thomasville champions begun under the days of agement of the Spring Valley site. around the hustle and bustle of the Coach George Cushwa, a beloved coach As I mentioned, this is one of over State’s first railroad. In 1857, Thomas and teacher. In fact, the current foot- 1,000 sites across the country. Indeed, it finally obtained a charter for the town ball stadium bears his name. Under is hard to find a congressional district from the North Carolina General As- Cushwa’s tutelage emerged an indi- that does not have at least one of these sembly. vidual in whom many place their hopes situations that is there dealing with a The town of Thomasville grew rap- for continued success. This man, Coach potential threat to the local environ- idly with wooden household furniture Allen Brown, did not let the fans down. ment. manufacturing becoming the mainstay Leading the Bulldogs to several State It is important that Congress not be of the local economy. Eventually, champions and guiding them through missing in action with the issue of Thomasville became known as ‘‘The the maze of several conference realign- unexploded ordnance, which has Chair Town’’ due to the fact that the ments, he was always able to keep his claimed 65 lives that we have known of,

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.002 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4867 perhaps more, where we have no real Mr. ISAKSON. Mr. Speaker, last IN SUPPORT OF CLEAN PATIENTS’ understanding of how many thousands, night about 10 hours ago this Congress BILL OF RIGHTS LEGISLATION how many hundreds of thousands in- passed the VA–HUD appropriations bill The SPEAKER pro tempore. Under deed. Indeed, the estimates are that it for the year 2002. In so doing, we have the Speaker’s announced policy of Jan- could be as many as 50 million acres appropriated billions of dollars to as- uary 3, 2001, the gentleman from New that are contaminated. sist low- and moderate-income Ameri- Jersey (Mr. PALLONE) is recognized Until Congress gets on top of this cans in the purchase or rental of their during morning hour debates for 5 min- issue, I fear that we are going to be housing. utes. putting the Department of Defense in a Mr. Speaker, 13 years ago when situation where, with an inadequate Mr. PALLONE. Mr. Speaker, many of George Herbert Walker Bush, the us know now that the Republican lead- budget, they are given no choice but to former President of this country, made go from hot spot to hot spot, from the ership postponed any debate or vote on his acceptance speech, he made a the patients’ bill of rights, the HMO re- focus of emergency from the media, po- speech about the ‘‘Thousand Points of litical pressure or some other contin- form even though it was scheduled for Light,’’ those Americans who go unno- gency forces their attention. last week. Now, of course, we are hear- ticed every day but do so much good A much better approach is for us to ing that it may come up this week per- take a comprehensive look. I would for their fellow man without credit or haps as early as Thursday, later on this suggest that my colleagues join me in without compensation. week. cosponsoring H.R. 2605, the Ordnance Today in Washington, D.C., a point of Mr. Speaker, I mention it because and Explosive Risk Management Act light will shine brightly. Under the myself and many other Democrats that calls for the identification of a auspices of a not-for-profit playground have come to the floor frequently over single person who is in charge. Right construction company known as the last year, and perhaps over the last now there is not a single point of con- KaBOOM! In the Jetu Washington 2 or 3 years, demanding that we have tact. apartment complex where over 500 chil- an opportunity for a clean vote on a It calls for increased work in terms dren reside, a new playground will be real patients’ bill of rights because we of research so that we know how best dedicated to improve the quality of life know of the problems that Americans to clean up these sites, that we do a and the environment for those chil- and our constituents face with abuses comprehensive inventory so at least we dren, a safe, attractive and accessible when they are in the managed care sys- know how big the problem is. Of playground. The KaBOOM! Corpora- tem, where they have an HMO as their course, we all need to make sure that tion, over the course of many years, insurer. we are adequately funding this prob- has built 270 playgrounds in America What I fear though, Mr. Speaker, lem. for disadvantaged children and assisted from the pronouncements that we are People who followed this in the news in the renovation of 1,200 such play- noticed that American University has hearing from the Republican leadership grounds. is that there will not be an opportunity filed suit against the United States They do so by partnering with the Government for almost $100 million in for a vote on HMO reform unless they private sector to provide the man- have the votes for a weaker version of damages. power, the resources and the funding. I Ultimately, we were responsible for HMO reform or they call it the pa- am pleased today to acknowledge the cleaning up after ourselves in terms of tients’ bill of rights than what the ma- Home Depot Corporation and NASCAR, Federal Government. Those of us who jority of the Members of this House who have partnered to provide the care about promoting livable commu- have been seeking. manpower, the funding and the re- nities that make our families safe, The majority of the Members of the sources for the playground that will be healthy and economically secure and House, almost every Democrat and a built today. who believe that the single most pow- significant number of Republicans, in erful tool available to us is not new I particularly want to pay tribute to the last session of Congress voted for a fees, new laws, new requirements, but the Home Depot Corporation. Its very strong patients’ bill of rights, the rather the Federal Government led by founders, Bernie Marcus and Arthur one sponsored by the gentleman from this bill, modeling the behavior that Blank, when they started their com- Michigan (Mr. DINGELL), who is a Dem- we expect of other Americans whether pany not too many years ago in their ocrat and also by some Republicans, they are families, businesses or local first store, insisted on community par- the gentleman from Iowa (Mr. government. ticipation on behalf of their employees, GANSKE), and the gentleman from We have an opportunity to do that and themselves were philanthropic in Georgia (Mr. NORWOOD), who are Re- right now in moving forward with leg- the gifts of their money to support publicans. islation, with adequate funding to good causes. It is very important that the oppor- make sure that the toxic legacy of over Last year alone the Home Depot tunities be presented here in the House a century of unexploded ordnance and Foundation donated $75 million in if it is going to happen this week to environmental degradation is taken America for our at-risk youth, for their have a clean vote on the real patients’ care of, is addressed, that we do clean recreation and their quality of life, and bill of rights. up after ourselves. for their health care. They truly are I think it is crucial that my col- Mr. Speaker, I strongly urge my col- points of light that make our commu- leagues and the public understand that leagues join me in support of H.R. 2605 nity better. there is a difference between some of and that we urge our colleagues on the the different versions that have been Committee on Appropriations and the So as last night we celebrated the ex- sort of circulating around this Cham- Armed Services Committee to make penditure of billions of dollars in tax- ber, and to suggest that we are going to sure we are all doing our job, making payer money to assist Americans, let have a vote on the patients’ bill of the framework so that Congress is no us also pay tribute today to the untold rights but not have the opportunity to longer missing in action on the issue of billions of dollars in manpower, man- deal with the really effective strong unexploded ordnance. hours and actual money donated by those points of light in America who one, I think would be a major mistake. f for no reason but the goodness of their Let me give an example of the dif- HONORING THE KABOOM! COR- hearts make the quality of life for the ferences and why I think it is impor- PORATION AND NASCAR FOR less fortunate better. tant that we have a vote on the real THEIR PUBLIC SERVICE CON- Today in Washington, D.C. that will bill, on the one that is going to make TRIBUTIONS happen at the Jetu Apartment complex a difference for the average American. The SPEAKER pro tempore. Under thanks to the not-for-profit company, President Bush has said over and the Speaker’s announced policy of Jan- KaBOOM!, the for-profit companies of over again that he does not support a uary 3, 2001, the gentleman from Geor- NASCAR and Home Depot, two points real patients’ bill of rights. He does not gia (Mr. Isakson) is recognized during of light that will make a difference in support the Dingell-Ganske-Norwood morning hour debates for 5 minutes. the lives of hundreds of children. bill because, first of all, there will be

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.004 pfrm02 PsN: H31PT1 H4868 CONGRESSIONAL RECORD — HOUSE July 31, 2001 too much litigation, too much oppor- way through the Committee on Rules be able to do this is by granting Presi- tunity to go to court. Secondly, be- so that we do not have a clean vote on dent Bush trade promotion authority cause it will drive up the cost of health the real patients’ bill of rights. on our behalf. insurance. Let me talk about another area. f We know from the Texas insurance, Well, I guess my time has run out, Mr. and there are ten other States that Speaker. But I would ask that we have PRIVATE PENSION BILL FOR have the good bill of rights including an opportunity this week to vote on a RETIRED RAILROAD WORKERS my own in New Jersey, that the fear of clean bill. The SPEAKER pro tempore. Under lawsuits is not real and the fear about f the Speaker’s announced policy of Jan- increased cost of health insurance or uary 3, 2001, the gentleman from Michi- GRANTING PRESIDENT BUSH people having their health insurance gan (Mr. SMITH) is recognized during TRADE PROMOTION AUTHORITY dropped is not real. In the case of morning hour debates for 5 minutes. Texas, it is well documented since 1997 The SPEAKER pro tempore. Under Mr. SMITH of Michigan. Mr. Speak- when the patients’ bill of rights went the Speaker’s announced policy of Jan- er, it is a great morning, but I am into effect in that State there were uary 3, 2001, the gentleman from Texas going to talk about a disconcerting bill only 17 lawsuits. The average cost of (Mr. BRADY) is recognized during morn- that we might be taking up today or health insurance in Texas has not gone ing hour debates for 2 minutes. maybe tomorrow. It is the private pen- up nearly as much as the national av- Mr. BRADY of Texas. Mr. Speaker, sion bill for the railroad workers in erage. So we know that these fears the House of Representatives will con- this country. that President Bush talks about are sider legislation granting President The gentleman from Texas (Mr. SAM not legitimate. Bush trade promotion authority. I urge JOHNSON) and I are sending out a dear What the President has been sup- my colleagues to support this legisla- colleague this morning, Mr. Speaker. I porting and what the Republican lead- tion. hope all staff and workers and Mem- ership has been supporting is a weak- Why do we need restored trade pro- bers who are concerned about reaching ened version of the patients’ bill of motion authority to the President and into the Social Security-Medicare rights that has been introduced by the to America? The answer is jobs and our trust fund next year will take a look at gentleman from Kentucky (Mr. children’s future. Currently the United this dear colleague, and then take a FLETCHER). States is at a severe disadvantage when look at the railroad retirement bill Just to give an example of what the we have to compete with the rest of the that cost $15 billion. differences can be on these bills, let me world. Not because of the quality of I have been working on Social Secu- talk about some of the patients’ pro- our products. They are high. But be- rity since I came here in 1993. In work- tections that are guaranteed in the cause of the trade barriers we face ing with the Social Security system real patients’ bill of rights that we abroad. According to a report released and researching its origins back to would not have in the Fletcher Repub- earlier this year of the estimated 130 1934, I discovered that the railroad em- lican leadership bill. For example, we free trade agreements around the ployees were included in the social se- know that what we want is we want world, only two today include the curity system at that time in 1934. doctors to be able to practice medicine United States. The railroad workers and employers and be able to provide us with the care Giving the President this authority who were tremendously influential po- that they think we need. Well, under to negotiate on our behalf would help litically back in the 1930’s as they are the Fletcher bill, for example, doctors give America the tools we need to today, came to Congress and said we do could be told by their HMO that they break down the barriers abroad so we not want to be part of the Social Secu- cannot even talk to a patient about a can sell American goods and services rity system, we want our own pension medical procedure that they think a around the world and the potential is system. So government passed a law patient needs. It is called the gag rule. huge. Ninety-six percent of the world and took them out, and it became sort Doctors also would continue to be lives outside the United States. Nine- of a quasi-governmental pension sys- provided financial incentive, or could ty-six percent of the world lives out- tem for this private industry—the only under their Fletcher bill by their HMO, side our borders. While they cannot all private industry that has sort of this financial incentives not to provide us buy the products we buy today, some- government back-up of a private pen- with care because they get more money day they will, and we want them to buy sion system. at the end of the month if they do not American products. The railroad retirement system was have as much procedure, if they do not Here is an interesting static. Half the established during the 1930’s on a pay- care for as many people, if they do not adults in the world today, half the as-you-go basis just like Social Secu- do as many operations. adults in the world have yet to make rity; but unlike Social Security, which Another very good example is with their first telephone call. Well, if it is now has three workers to support every regard to specialty care. Under the real European countries to sell those tele- one retiree, the railroad retirement patients’ bill of rights, the Dingell-Nor- phone systems, they will create Euro- system has three beneficiaries being wood-Ganske bill, we basically are able pean jobs. If they are Asian companies supported by every one worker. That is to go to a specialist on a regular basis that sell those telephone systems, they why they have come back to Congress without having to get authorization will create Asian jobs. If they are so many times to ask the American each time we want to go. Well, that is American companies that sell those taxpayer to bail out their pension sys- not true under the Fletcher bill. For telephone systems, we will create tem. example, under the real patients’ bill American jobs. The disproportionate ratio of bene- of rights, a woman can have her OB– These are jobs for our future and for ficiaries to workers is a direct result of GYN as her family practitioner. She our children going through the schools historical decline in railroad employ- does not have to have authorization today. ment. Since 1945, the number of rail- each time she goes. Countries around the world are hesi- road workers has declined to 240,000 Under the real patients’ bill of rights, tant to negotiate trade agreements from 1.7 million. So we can see as there if we need pediatric care, we are guar- with us. They are scared Congress will are fewer workers, but all the existing anteed specialty care for our children, change every agreement 1,000 different retirees are living longer life spans, it for speciality pediatric care. Under the ways after it has been negotiated. has come to a tremendous burden on Fletcher bill neither of these things are What trade promotion authority does, that workers asking each worker to true. it gives Congress, your representatives, have the kind of contribution that So there are real differences here. a final say on whether an agreement is would support three retirees, so they That is why it is important that we fair and free. I want that say. have not been able to do it. have an opportunity this week to vote Mr. Speaker, in order to keep Amer- Declining employment. Many benefit on the real patients’ bill of rights. I ica the greatest economic power in the increases have produced chronic defi- ask the Republican leadership, do not world, we have to be able to compete in cits. The railroad retirement system put any roadblocks procedurally in the the trade arena. The only way we will has spent more than it has collected in

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.005 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4869 payroll taxes every year since 1957. I PRAYER Mr. THOMPSON of California. Mr. want to say that again. The railroad The Reverend Monsignor John Speaker, I am honored to have such a retirement system has spent more than Brenkle, St. Helena Catholic Church, truly genuine servant and good friend it has collected in payroll taxes every St. Helena, California, offered the fol- lead us in today’s opening prayer. Fa- year since 1957. The cumulative short- lowing prayer: ther John Brenkle—Monsignor John fall since 1957 is $90 billion. That $90 Father, Your name is indeed Alpha Brenkle—has humbly and effectively billion has come from other taxpayers and Omega, the beginning and the end. served our diocese for over 30 years and paying into this private taxpayer sys- How fitting it is to begin all of our en- has been pastor at the St. Helena tem. terprises conscious of Your guiding Catholic Church for nearly 20 years. So I think everybody can believe me, Spirit and to give You praise when our He has worked tirelessly with local, Mr. Speaker, when I say the influence affairs have ended well. State and Federal officials, housing ad- of the railroad workers and the rail- As we join together to begin today vocates and the wine industry within road system has been very influential the work of making this Nation a land the Napa Valley to improve farm work- in the United States Congress. Al- of peace and justice, may we humble er housing in our area. though railroad workers and their em- ourselves before You, acknowledging In addition to St. Helena, Father ployers currently pay a 33.4 percent that who we are and what we do is Brenkle has served the diocese by lead- payroll tax excluding Medicare and un- Your gift, Your grace. ing two other parishes and serving as a employment, the railroad retirement Help us always to remember that school principal. He has been both a system still spends $4 billion more than You have called us to be servants and forceful presence and silent leader and it collects in payroll deductions each that the greatness of our life as a na- has the respect and the admiration of year. So every year we are subsidizing tion and as individuals is to be meas- our entire community regardless of and putting money back into the rail- ured by how generously and wisely we their religious affiliation. road retirement system out of the gen- serve each other. I thank my colleagues for allowing eral fund. Let Your presence and Your blessings him to lead us in prayer today. Despite the payroll tax shortfall, the descend upon this Chamber and upon f railroad retirement system remains each of its Members as they begin this technically solvent thanks to these new day and may they at its end expe- CLONING generous taxpayer subsidies. The rience the rewards of a day well spent (Mr. PITTS asked and was given per- American taxpayer has bailed out the in the service of others. For this we mission to address the House for 1 retirement system to the extent that pray. Amen. minute and to revise and extend his re- those retirement funds now claim a $20 f marks.) billion surplus, not a $90 billion deficit. Mr. PITTS. Mr. Speaker, the col- So this bill that is proposed to come up THE JOURNAL umnist Charles Krauthammer called takes $15 billion out of the general fund The SPEAKER pro tempore. The legislation that we are going to con- next year and gives it to a railroad re- Chair has examined the Journal of the sider today to permit cloning human tirement board investment effort last day’s proceedings and announces embryos a ‘‘nightmare and an abomi- where they invest it and spend it for to the House his approval thereof. nation.’’ It truly is. current retirees. Pursuant to clause 1, rule I, the Jour- Some of those who support this pro- But the challenge is while we are nal stands approved. passing these bills, we are reducing the Mr. MCNULTY. Mr. Speaker, pursu- posal are so eager to clone human payroll tax that these workers pay in ant to clause 1, rule I, I demand a vote beings that they have taken to twist- and we increase benefits. We have in- on agreeing to the Speaker’s approval ing the truth to promote their argu- creased benefits for widows, and we of the Journal. ments. The latest thing they are say- allow those workers to retire in the The SPEAKER pro tempore. The ing is that cloned embryos are not real- railroad system, under this proposed question is on the Speaker’s approval ly embryos at all. They say that if you legislation that is coming before us, to of the Journal. use body cells instead of sperm to fer- retire at 60 years old with full benefits. The question was taken; and the tilize an egg, that that really is not an Of course, on Social Security what we Speaker pro tempore announced that embryo. have done over the years is we have in- the ayes appeared to have it. Mr. Speaker, that is ridiculous. Take creased that, and now we are in the Mr. MCNULTY. Mr. Speaker, I object a look at this picture of Dolly the mode of taking that full benefit eligi- to the vote on the ground that a sheep. Everybody knows that Dolly is a bility up to 67 years old for Social Se- quorum is not present and make the clone. Dolly was made by fertilizing a curity. point of order that a quorum is not sheep egg with a cell taken from the So in this railroad bill, we have represent. mammary gland of another sheep. It duced the tax they pay; we have in- The SPEAKER pro tempore. Pursu- took 277 tries before they got a clone creased the benefits. I hope everybody ant to clause 8, rule XX, further pro- that worked. Now she is 5 years old. will study this issue very closely be- ceedings on this question will be post- Those who argue that cloned human cause if we are going to pass this kind poned. embryos are not really embryos might of legislation, we should at least take The point of no quorum is considered as well argue that Dolly is not a sheep. American taxpayers off the hook in the withdrawn. That is ridiculous. future. f Cloning human beings is wrong. f PLEDGE OF ALLEGIANCE Eighty-eight percent of the American people do not want scientists to create RECESS The SPEAKER pro tempore. Will the human embryos for the purpose of ex- gentleman from Texas (Mr. SAM JOHN- The SPEAKER pro tempore. There perimentation, harvesting and destruc- SON) come forward and lead the House being no further requests for morning tion. We will be voting later today to in the Pledge of Allegiance. hour debates, pursuant to clause 12, ban all human cloning. Support the rule I, the House will stand in recess Mr. SAM JOHNSON of Texas led the Pledge of Allegiance as follows: Weldon-Stupak bill. until 10 a.m. f Accordingly (at 9 o’clock and 40 min- I pledge allegiance to the Flag of the utes a.m.) the House stood in recess United States of America, and to the Repub- IRS COMMISSIONER ROSSOTTI lic for which it stands, one nation under God, until 10 a.m. indivisible, with liberty and justice for all. (Mr. TRAFICANT asked and was given permission to address the House f f b 1000 for 1 minute and to revise and extend WELCOMING THE REVEREND his remarks.) AFTER RECESS MONSIGNOR JOHN BRENKLE Mr. TRAFICANT. The legal group The recess having expired, the House (Mr. THOMPSON of California asked Judicial Watch has charged IRS Com- was called to order by the Speaker pro and was given permission to address missioner Rossotti with conflict of in- tempore (Mr. GUTKNECHT) at 10 a.m. the House for 1 minute.) terest involving a company he founded.

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.013 pfrm02 PsN: H31PT1 H4870 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Rossotti still owns stock in the com- Earlier this year, I introduced H.R. versity of Miami. Donna Shalala was pany, his wife works there, and 612, the Persian Gulf War Illness Com- U.S. history’s longest serving Sec- Rossotti buys software from this compensation Act of 2001 with two other retary of the U.S. Department of pany for the IRS. outstanding advocates for veterans, the Health and Human Services. During That is right. Rossotti buys from gentleman from Illinois (Mr. MAN- her tenure, Dr. Shalala distinguished Rossotti. If that is not enough to roast ZULLO) and the gentleman from Cali- herself on a broad range of issues, in- your chestnuts, the charge claims, and fornia (Mr. GALLEGLY). This legislation cluding taking care of the needs of our I quote, Rossotti got a conflict waiver garnered strong bipartisan support elderly and our Nation’s children. from the Clinton administration in ex- from over 225 Members of the House. She led campaigns for child immuni- change for targeting and auditing Clin- The Veterans Benefits Act of 2001 zation, for biomedical research, and ton’s opponents. will now clarify VA standards for com- played a key role in reforming our wel- What is the surprise? In addition, pensation by recognizing fibromyalgia, fare system. In fact, the Washington Rossotti is scheduled for another big, chronic fatigue syndrome, multiple Post described her as ‘‘one of the most fat bonus from Congress. chemical sensitivity, and other ail- successful government managers of our Beam me up. The Internal Rectal ments as key symptoms of undiagnosed time.’’ Service does not need bonuses, they or poorly defined illnesses associated Donna brings to UM more than 25 need abolished. with Gulf War service. Additionally, years of experience in education, also, I yield back the fact that if a Member this bill extends the presumptive pe- including serving as President of of Congress did what Rossotti did, you riod for undiagnosed illnesses to De- Hunter College. As chancellor of the would go straight to the slammer. cember 31, 2003. This is a true victory University of Wisconsin-Madison, she f for veterans. was the first woman to head a Big 10 Mr. Speaker, these veterans put their university. ENERGY PRODUCTION NEEDED lives on the land to protect, defend and The University of Miami is already a FOR OUR FUTURE advance the ideals of democracy. leader in international and medical (Mr. GIBBONS asked and was given Vote for this bill. It is the right thing education, biomedical research and en- permission to address the House for 1 to do. vironmental sciences, but with Donna minute and to revise and extend his re- f Shalala at its helm, UM will be certain marks.) to reach great new heights. Mr. GIBBONS. Mr. Speaker, the en- TRADE PROMOTION AUTHORITY The Florida congressional delegation ergy crisis America is facing is still (Mr. KNOLLENBERG asked and was welcomes Donna Shalala back to Wash- with us. Americans need our country to given permission to address the House ington, D.C. today and looks forward to invest in and produce more energy for 1 minute and to revise and extend helping her achieve her vision for the from the few sites we have available on his remarks.) future of the University of Miami and our public lands. That is the goal of the Mr. KNOLLENBERG. Mr. Speaker, for our South Florida community. bipartisan Energy Security Act which Congress must pass trade promotion f will allow for the production of wind, authority. International trade is an es- MANAGED CARE LEGISLATION solar and geothermal energies on pub- sential part of the U.S. economy. But lic lands. These are clean energies, re- when it comes to trade agreements, the (Mr. BROWN of Ohio asked and was newable energies that leave our envi- U.S. is lagging behind significantly. Of given permission to address the House ronment untouched. the 130 preferential trade agreements for 1 minute.) We cannot keep pretending our en- that exist, the U.S. is a party to only Mr. BROWN of Ohio. Mr. Speaker, ergy challenges will take care of them- two: NAFTA and a free trade agree- some health plans systematically ob- selves if we just wait long enough. ment with Israel. That is it. The Euro- struct, delay and deny care. That is a When we fail to act, prices rise and our pean Union has 27, 20 of which have fact. seniors and small businesses, our farm- been negotiated in the last 10 years. Earlier this year, Republicans and ers and low-income families suffer. While the rest of the world is moving Democrats negotiated a bill that con- They suffered last winter. They suf- rapidly ahead, we are not. tains the minimum protections nec- fered this spring. They are suffering Canada, our neighbor to the north, essary to get health insurance back on now under the hot summer sun. Be as- has agreements throughout the south- track. Ganske-Dingell reminds HMOs sured, without a comprehensive plan ern hemisphere. There are currently that they are being paid to provide cov- they will suffer next year, and the year over 12 million U.S. jobs that depend erage, not excuses. And it contains a after that. upon exports. American jobs that ex- right to sue with enough teeth in it to We need to have the courage and the port goods pay up to 18 percent more deter health plans from cheating their vision to realize that increased energy than the U.S. national average. As we enrollees, and enough definition to pre- production plays a key role in a sound can see, trade agreements are a crucial clude frivolous lawsuits. national energy policy. We need to pass element for the success of the U.S. Recourse in the courts is essential. If the Republican energy package for the economy. Remember, the jobs stay we tell HMOs that they are account- sake of our future, for the sake of here; the products are exported over- able, we must hold them accountable. America. seas. Unfortunately, the Fletcher bill compromises away the two most important f Mr. Speaker, in order to get back in the game and develop a stronger econ- patient protections, leaving HMOs H.R. 2540, VETERANS BENEFITS omy, I urge my colleagues to join me thrilled and consumers no better off. It ACT OF 2001 in supporting trade promotion author- provides a right to sue that cannot ac- (Mr. SHOWS asked and was given ity. tually be exercised and a right to an external appeals process that simply permission to address the House for 1 f minute and to revise and extend his re- cannot be trusted. marks.) PROUD TO SALUTE THE HONOR- We need to enact legislation that Mr. SHOWS. Mr. Speaker, I am so ABLE DONNA SHALALA, NEW does not just sound like it protects pa- proud to be here as a member of the PRESIDENT OF THE UNIVERSITY tients but actually does protect pa- House Committee on Veterans’ Affairs OF MIAMI tients. Ganske-Dingell fits that bill. I to share my strong support of H.R. (Ms. ROS-LEHTINEN asked and was ask for House support. 2540, the Veterans Benefits Act of 2001. given permission to address the House f These men and women, uprooted for 1 minute and to revise and extend b 1015 from their families and communities, her remarks.) served our country with honor and dig- Ms. ROS-LEHTINEN. Mr. Speaker, I SUPPORT FLETCHER HEALTH nity. Yet when it was time for the VA am proud to salute the Honorable CARE REFORM to serve them, thousands were cat- Donna Shalala who has assumed the (Mr. SAM JOHNSON of Texas asked egorically denied. reins as the fifth president of the Uni- and was given permission to address

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.008 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4871 the House for 1 minute and to revise participate actively in trade grow fast- (1) such modifications or continuation of and extend his remarks.) er and reduce poverty faster than coun- any duty, Mr. SAM JOHNSON of Texas. Mr. tries that isolate themselves. (2) such continuation of duty-free or excise Speaker, I am going to talk about We should grant the President Trade treatment, or Benny Johnson, no relationship. Promotion Authority as soon as pos- (3) such additional duties, Benny Johnson of Logic I sales in sible to ensure that the United States as the President determines to be necessary Richardson, Texas, employs 18 people continues to lead in the global econ- or appropriate to maintain the general level and pays over $80,000 a year for health omy and the fight to spread democracy of reciprocal and mutually advantageous insurance for himself, his employees, and freedom throughout the world. concessions with respect to Jordan provided for by the Agreement. and their families. Benny has paid for f their health insurance for nearly 20 ANNOUNCEMENT BY THE SPEAKER SEC. 102. RULES OF ORIGIN. years. (a) IN GENERAL.— If health insurance premiums rise PRO TEMPORE (1) ELIGIBLE ARTICLES.— The SPEAKER pro tempore (Mr. much higher, Benny is going to have to (A) IN GENERAL.—The reduction or elimi- reduce benefits, drop coverage, or GUTKNECHT). Pursuant to clause 8 of nation of any duty imposed on any article by change plans, ending relationships with rule XX, the Chair announces that he the United States provided for in the Agree- doctors they trust and know. Why will postpone further proceedings ment shall apply only if— would his premiums go up? Because of today on each motion to suspend the (i) that article is imported directly from the McCain-Kennedy legislation in the rules on which a recorded vote or the Jordan into the customs territory of the House and Senate, which everybody yeas and nays are ordered or on which United States; and knows would drive costs up. the vote is objected to under clause 6 of (ii) that article— rule XX. (I) is wholly the growth, product, or manu- This potentially could add Benny and facture of Jordan; or Any record votes on postponed ques- his employees, and their families, to (II) is a new or different article of com- the 43 million Americans without tions will be taken later today. merce that has been grown, produced, or health insurance. f manufactured in Jordan and meets the re- It is just plain wrong. It has to stop. UNITED STATES-JORDAN FREE quirements of subparagraph (B). (B) REQUIREMENTS.— We have to think of Benny, his employ- TRADE AREA IMPLEMENTATION (i) GENERAL RULE.—The requirements of ees, and his families. Let us support ACT the Fletcher bill. this subparagraph are that with respect to Mr. THOMAS. Mr. Speaker, I move to an article described in subparagraph f suspend the rules and pass the bill (A)(ii)(II), the sum of— STRENGTHENING AMERICA’S (H.R. 2603) to implement the agreement (I) the cost or value of the materials pro- LEADERSHIP ON TRADE establishing a United States-Jordan duced in Jordan, plus (II) the direct costs of processing oper- (Mr. DREIER asked and was given free trade area, as amended. ations performed in Jordan, permission to address the House for 1 The Clerk read as follows: is not less than 35 percent of the appraised minute and to revise and extend his re- H.R. 2603 value of such article at the time it is en- marks.) Be it enacted by the Senate and House of Rep- tered. Mr. DREIER. Mr. Speaker, in just a resentatives of the United States of America in (ii) MATERIALS PRODUCED IN UNITED few minutes, the gentleman from Cali- Congress assembled, STATES.—If the cost or value of materials fornia (Chairman THOMAS) will begin SECTION 1. SHORT TITLE. produced in the customs territory of the the debate on the very important U.S.- This Act may be cited as the ‘‘United United States is included with respect to an Jordan Free Trade Agreement, but I States-Jordan Free Trade Area Implementa- article to which this paragraph applies, an tion Act’’. amount not to exceed 15 percent of the ap- want to take a moment to talk about a praised value of the article at the time it is very important issue which we are SEC. 2. PURPOSES. The purposes of this Act are— entered that is attributable to such United going to be phasing in in the not-too- (1) to implement the agreement between States cost or value may be applied toward distant future, and that is the issue of the United States and Jordan establishing a determining the percentage referred to in Trade Promotion Authority. free trade area; clause (i). Since that authority expired in 1994, (2) to strengthen and develop the economic (2) EXCLUSIONS.—No article may be consid- our trading partners have been very relations between the United States and Jor- ered to meet the requirements of paragraph busy negotiating a web of trade agree- dan for their mutual benefit; and (1)(A) by virtue of having merely under- ments that excludes the United States. (3) to establish free trade between the 2 na- gone— (A) simple combining or packaging oper- Today we sit here wasting valuable tions through the removal of trade barriers. SEC. 3. DEFINITIONS. ations; or time that the President and his trade (B) mere dilution with water or mere dilu- negotiators could be using to improve For purposes of this Act: (1) AGREEMENT.—The term ‘‘Agreement’’ tion with another substance that does not the lives of families here in the United means the Agreement between the United materially alter the characteristics of the States and around the world. States of America and the Hashemite King- article. Free trade has been a boom for the dom of Jordan on the Establishment of a (b) DIRECT COSTS OF PROCESSING OPER- American family, from higher paying Free Trade Area, entered into on October 24, ATIONS.— jobs to lower prices. The North Amer- 2000. (1) IN GENERAL.—As used in this section, ican Free Trade Agreement and the (2) HTS.—The term ‘‘HTS’’ means the Har- the term ‘‘direct costs of processing oper- World Trade Organization have in- monized Tariff Schedule of the United ations’’ includes, but is not limited to— creased the overall national income by States. (A) all actual labor costs involved in the $40 billion to $60 billion. Continued ef- TITLE I—TARIFF MODIFICATIONS; RULES growth, production, manufacture, or assem- forts to open new markets help work- OF ORIGIN bly of the specific merchandise, including SEC. 101. TARIFF MODIFICATIONS. fringe benefits, on-the-job training, and the ing families that bear the brunt of hid- cost of engineering, supervisory, quality con- den imported taxes on everyday items (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.—The President may pro- trol, and similar personnel; and like clothes, food, and electronics. And, claim— (B) dies, molds, tooling, and depreciation with 97 percent of exporters coming (1) such modifications or continuation of on machinery and equipment which are allo- from small or medium-sized companies, any duty, cable to the specific merchandise. increased exports mean better, higher (2) such continuation of duty-free or excise (2) EXCLUDED COSTS.—The term ‘‘direct paying export jobs for workers that treatment, or costs of processing operations’’ does not in- make up the heart and soul of this (3) such additional duties, clude costs which are not directly attrib- country. as the President determines to be necessary utable to the merchandise concerned, or are Along with American workers, open or appropriate to carry out article 2.1 of the not costs of manufacturing the product, such Agreement and the schedule of duty reduc- as— trade has helped to raise more than 100 tions with respect to Jordan set out in (A) profit; and million people out of poverty in the Annex 2.1 of the Agreement. (B) general expenses of doing business last decade. A recent World Bank study (b) OTHER TARIFF MODIFICATIONS.—The which are either not allocable to the specific showed that developing countries that President may proclaim— merchandise or are not related to the

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growth, production, manufacture, or assem- (4) MULTICOUNTRY RULE.—If the origin of a (c) APPLICABLE PROVISIONS.—The following bly of the merchandise, such as administra- textile or apparel article cannot be deter- provisions of section 202 of the Trade Act of tive salaries, casualty and liability insur- mined under paragraph (1) or (3), then that 1974 (19 U.S.C. 2252) apply with respect to any ance, advertising, and salesmen’s salaries, article shall be considered to meet the re- investigation initiated under subsection (b): commissions, or expenses. quirements of paragraph (1)(A) of subsection (1) Paragraphs (1)(B) and (3) of subsection (c) TEXTILE AND APPAREL ARTICLES.— (a) if— (b). (1) IN GENERAL.—A textile or apparel arti- (A) the most important assembly or manu- (2) Subsection (c). cle imported directly from Jordan into the facturing process occurs in Jordan; or (3) Subsection (d). customs territory of the United States shall (B) if the applicability of paragraph (1)(A) (d) ARTICLES EXEMPT FROM INVESTIGA- be considered to meet the requirements of of subsection (a) cannot be determined under TION.—No investigation may be initiated paragraph (1)(A) of subsection (a) only if— subparagraph (A), the last important assem- under this section with respect to any Jor- (A) the article is wholly obtained or pro- bly or manufacturing occurs in Jordan. danian article if import relief has been provided under this subtitle with respect to that duced in Jordan; (d) EXCLUSION.—A good shall not be consid- article. (B) the article is a yarn, thread, twine, ered to meet the requirements of paragraph cordage, rope, cable, or braiding, and— (1)(A) of subsection (a) if the good— SEC. 212. COMMISSION ACTION ON PETITION. (i) the constituent staple fibers are spun in (1) is imported into Jordan, and, at the (a) DETERMINATION.—By no later than 120 Jordan, or time of importation, would be classified days (180 days if critical circumstances have (ii) the continuous filament is extruded in under heading 0805 of the HTS; and been alleged) after the date on which an investigation is initiated under section 211(b) Jordan; (2) is processed in Jordan into a good clas- with respect to a petition, the Commission (C) the article is a fabric, including a fab- sified under any of subheadings 2009.11 shall make the determination required under ric classified under chapter 59 of the HTS, through 2009.30 of the HTS. that section. and the constituent fibers, filaments, or (e) REGULATIONS.—The Secretary of the (b) ADDITIONAL FINDING AND RECOMMENDA- yarns are woven, knitted, needled, tufted, Treasury, after consultation with the United States Trade Representative, shall prescribe TION IF DETERMINATION AFFIRMATIVE.—If the felted, entangled, or transformed by any determination made by the Commission other fabric-making process in Jordan; or such regulations as may be necessary to carry out this section. under subsection (a) with respect to imports (D) the article is any other textile or ap- of an article is affirmative, the Commission parel article that is wholly assembled in Jor- TITLE II—RELIEF FROM IMPORTS shall find, and recommend to the President dan from its component pieces. Subtitle A—General Provisions in the report required under subsection (c), (2) DEFINITION.—For purposes of paragraph SEC. 201. DEFINITIONS. the amount of import relief that is necessary (1), an article is ‘‘wholly obtained or pro- As used in this title: to remedy or prevent the injury found by the duced in Jordan’’ if it is wholly the growth, (1) COMMISSION.—The term ‘‘Commission’’ Commission in the determination and to fa- product, or manufacture of Jordan. means the United States International Trade cilitate the efforts of the domestic industry (3) SPECIAL RULES.— Commission. to make a positive adjustment to import (A) CERTAIN MADE-UP ARTICLES, TEXTILE AR- (2) JORDANIAN ARTICLE.—The term ‘‘Jor- competition. The import relief recommended TICLES IN THE PIECE, AND CERTAIN OTHER TEX- danian article’’ means an article that quali- by the Commission under this subsection TILES AND TEXTILE ARTICLES.—Notwith- fies for reduction or elimination of a duty shall be limited to that described in section standing paragraph (1)(D) and except as pro- under section 102. 213(c). vided in subparagraphs (C) and (D) of this (c) REPORT TO PRESIDENT.—No later than Subtitle B—Relief From Imports Benefiting paragraph, subparagraph (A), (B), or (C) of the date that is 30 days after the date on From The Agreement paragraph (1), as appropriate, shall deter- which a determination is made under sub- mine whether a good that is classified under SEC. 211. COMMENCING OF ACTION FOR RELIEF. section (a) with respect to an investigation, one of the following headings or subheadings (a) FILING OF PETITION.— the Commission shall submit to the Presi- of the HTS shall be considered to meet the (1) IN GENERAL.—A petition requesting ac- dent a report that shall include— requirements of paragraph (1)(A) of sub- tion under this subtitle for the purpose of ad- (1) a statement of the basis for the deter- section (a): 5609, 5807, 5811, 6209.20.50.40, 6213, justing to the obligations of the United mination; 6214, 6301, 6302, 6304, 6305, 6306, 6307.10, 6307.90, States under the Agreement may be filed (2) dissenting and separate views; and 6308, and 9404.90. with the Commission by an entity, including (3) any finding made under subsection (b) (B) CERTAIN KNIT-TO-SHAPE TEXTILES AND a trade association, firm, certified or recog- regarding import relief. TEXTILE ARTICLES.—Notwithstanding para- nized union, or group of workers that is rep- (d) PUBLIC NOTICE.—Upon submitting a re- graph (1)(D) and except as provided in sub- resentative of an industry. The Commission port to the President under subsection (c), paragraphs (C) and (D) of this paragraph, a shall transmit a copy of any petition filed the Commission shall promptly make public textile or apparel article which is knit-to- under this subsection to the United States such report (with the exception of informa- shape in Jordan shall be considered to meet Trade Representative. tion which the Commission determines to be the requirements of paragraph (1)(A) of sub- (2) PROVISIONAL RELIEF.—An entity filing a confidential) and shall cause a summary section (a). petition under this subsection may request thereof to be published in the Federal Reg- (C) CERTAIN DYED AND PRINTED TEXTILES that provisional relief be provided as if the ister. AND TEXTILE ARTICLES.—Notwithstanding petition had been filed under section 202(a) of (e) APPLICABLE PROVISIONS.—For purposes paragraph (1)(D), a good classified under the Trade Act of 1974. of this subtitle, the provisions of paragraphs heading 6117.10, 6213.00, 6214.00. 6302.22, (3) CRITICAL CIRCUMSTANCES.—Any allega- (1), (2), and (3) of section 330(d) of the Tariff 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, tion that critical circumstances exist shall Act of 1930 (19 U.S.C. 1330(d)) shall be applied 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, be included in the petition. with respect to determinations and findings 9404.90.85, or 9404.90.95 of the HTS, except for (b) INVESTIGATION AND DETERMINATION.— made under this section as if such deter- a good classified under any such heading as (1) IN GENERAL.—Upon the filing of a peti- minations and findings were made under sec- of cotton or of wool or consisting of fiber tion under subsection (a), the Commission, tion 202 of the Trade Act of 1974 (19 U.S.C. blends containing 16 percent or more by unless subsection (d) applies, shall promptly 2252). weight of cotton, shall be considered to meet initiate an investigation to determine SEC. 213. PROVISION OF RELIEF. the requirements of paragraph (1)(A) of sub- whether, as a result of the reduction or (a) IN GENERAL.—No later than the date section (a) if the fabric in the good is both elimination of a duty provided for under the that is 30 days after the date on which the dyed and printed in Jordan, and such dyeing Agreement, a Jordanian article is being im- President receives the report of the Commis- and printing is accompanied by 2 or more of ported into the United States in such in- sion containing an affirmative determina- the following finishing operations: bleach- creased quantities, in absolute terms or rel- tion of the Commission under section 212(a), ing, shrinking, fulling, napping, decating, ative to domestic production, and under such the President shall provide relief from im- permanent stiffening, weighting, permanent conditions that imports of the Jordanian ar- ports of the article that is the subject of embossing, or moireing. ticle alone constitute a substantial cause of such determination to the extent that the (D) FABRICS OF SILK, COTTON, MANMADE serious injury or threat thereof to the do- President determines necessary to prevent or FIBER OR VEGETABLE FIBER.— Notwith- mestic industry producing an article that is remedy the injury found by the Commission standing paragraph (1)(C), a fabric classified like, or directly competitive with, the im- and to facilitate the efforts of the domestic under the HTS as of silk, cotton, man-made ported article. industry to make a positive adjustment to fiber, or vegetable fiber shall be considered (2) CAUSATION.—For purposes of this sub- import competition, unless the President de- to meet the requirements of paragraph (1)(A) title, a Jordanian article is being imported termines that the provision of such relief is of subsection (a) if the fabric is both dyed into the United States in increased quan- not in the national economic interest of the and printed in Jordan, and such dyeing and tities as a result of the reduction or elimi- United States or, in extraordinary cir- printing is accompanied by 2 or more of the nation of a duty provided for under the cumstances, that the provision of such relief following finishing operations: bleaching, Agreement if the reduction or elimination is would cause serious harm to the national se- shrinking, fulling, napping, decating, perma- a cause that contributes significantly to the curity of the United States. nent stiffening, weighting, permanent em- increase in imports. Such cause need not be (b) NATIONAL ECONOMIC INTEREST.—The bossing, or moireing. equal to or greater than any other cause. President may determine under subsection

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(a) that providing import relief is not in the (3) under both this subtitle and such chap- (2) DEFINITION OF STATE LAW.—For purposes national economic interest of the United ter 1 at the same time, in which case the of this subsection, the term ‘‘State law’’ in- States only if the President finds that tak- Commission shall consider such petitions cludes— ing such action would have an adverse im- jointly. (A) any law of a political subdivision of a pact on the United States economy clearly Subtitle C—Cases Under Title II Of The State; and greater than the benefits of taking such ac- Trade Act of 1974 (B) any State law regulating or taxing the tion. SEC. 221. FINDINGS AND ACTION ON JORDANIAN business of insurance. (c) NATURE OF RELIEF.—The import relief IMPORTS. (c) EFFECT OF AGREEMENT WITH RESPECT TO (including provisional relief) that the Presi- (a) EFFECT OF IMPORTS.—If, in any inves- PRIVATE REMEDIES.—No person other than dent is authorized to provide under this sub- tigation initiated under chapter 1 of title II the United States— title with respect to imports of an article of the Trade Act of 1974, the Commission (1) shall have any cause of action or de- is— makes an affirmative determination (or a defense under the Agreement; or (1) the suspension of any further reduction termination which the President may treat (2) may challenge, in any action brought provided for under the United States Sched- as an affirmative determination under such under any provision of law, any action or in- ule to Annex 2.1 of the Agreement in the chapter by reason of section 330(d) of the action by any department, agency, or other duty imposed on that article; Tariff Act of 1930), the Commission shall also instrumentality of the United States, any (2) an increase in the rate of duty imposed find (and report to the President at the time State, or any political subdivision of a State on such article to a level that does not ex- such injury determination is submitted to on the ground that such action or inaction is ceed the lesser of— the President) whether imports of the article inconsistent with the Agreement. (A) the column 1 general rate of duty im- from Jordan are a substantial cause of seri- SEC. 402. AUTHORIZATION OF APPROPRIATIONS. posed under the HTS on like articles at the ous injury or threat thereof. There are authorized to be appropriated for time the import relief is provided; or (b) PRESIDENTIAL ACTION REGARDING JOR- each fiscal year after fiscal year 2001 to the (B) the column 1 general rate of duty im- DANIAN IMPORTS.—In determining the nature Department of Commerce not more than posed under the HTS on like articles on the and extent of action to be taken under chap- $100,000 for the payment of the United States day before the date on which the Agreement ter 1 of title II of the Trade Act of 1974, the share of the expenses incurred in dispute set- enters into force; or President shall determine whether imports tlement proceedings under article 17 of the (3) in the case of a duty applied on a sea- from Jordan are a substantial cause of the Agreement. sonal basis to that article, an increase in the serious injury found by the Commission and, SEC. 403. IMPLEMENTING REGULATIONS. rate of duty imposed on the article to a level if such determination is in the negative, may After the date of enactment of this Act— that does not exceed the column 1 general exclude from such action imports from Jor- (1) the President may proclaim such ac- rate of duty imposed under the HTS on the dan. tions, and article for the corresponding season occur- SEC. 222. TECHNICAL AMENDMENT. (2) other appropriate officers of the United ring immediately before the date on which Section 202(a)(8) of the Trade Act of 1974 (19 States may issue such regulations, the Agreement enters into force. U.S.C. 2252(a)(8)) is amended in the first sen- as may be necessary to ensure that any pro- (d) PERIOD OF RELIEF.—The import relief tence— vision of this Act, or amendment made by that the President is authorized to provide (1) by striking ‘‘and part 1’’ and inserting this Act, that takes effect on the date the under this section may not exceed 4 years. ‘‘, part 1’’; and Agreement enters into force is appropriately (e) RATE AFTER TERMINATION OF IMPORT (2) by inserting before the period at the end implemented on such date, but no such proc- RELIEF.—When import relief under this sub- ‘‘, and title II of the United States-Jordan lamation or regulation may have an effec- title is terminated with respect to an arti- Free Trade Area Implementation Act’’. tive date earlier than the date the Agree- cle— TITLE III—TEMPORARY ENTRY (1) the rate of duty on that article after ment enters into force. SEC. 301. NONIMMIGRANT TRADERS AND INVES- SEC. 404. EFFECTIVE DATES; EFFECT OF TERMI- such termination and on or before December TORS. NATION. 31 of the year in which termination occurs Upon the basis of reciprocity secured by (a) EFFECTIVE DATES.—Except as provided shall be the rate that, according to the the Agreement, an alien who is a national of in subsection (b), the provisions of this Act United States Schedule to Annex 2.1 of the Jordan (and any spouse or child (as defined and the amendments made by this Act take Agreement for the staged elimination of the in section 101(b)(1) of the Immigration and effect on the date the Agreement enters into tariff, would have been in effect 1 year after Nationality Act (8 U.S.C. 1101(b)(1)) of the force. the initiation of the import relief action alien, if accompanying or following to join (b) EXCEPTIONS.—Sections 1 through 3 and under section 211; and the alien) shall be considered as entitled to this title take effect on the date of the en- (2) the tariff treatment for that article enter the United States under and in pursu- actment of this Act. after December 31 of the year in which ter- ance of the provisions of the Agreement as a (c) TERMINATION OF THE AGREEMENT.—On mination occurs shall be, at the discretion of nonimmigrant described in section the date on which the Agreement ceases to the President, either— 101(a)(15)(E) of the Immigration and Nation- be in force, the provisions of this Act (other (A) the rate of duty conforming to the ap- ality Act (8 U.S.C. 1101(a)(15)(E)), if the entry than this subsection) and the amendments plicable rate set out in the United States is solely for a purpose described in clause (i) made by this Act, shall cease to be effective. Schedule to Annex 2.1; or or (ii) of such section and the alien is other- (B) the rate of duty resulting from the wise admissible to the United States as such The SPEAKER pro tempore. Pursu- elimination of the tariff in equal annual a nonimmigrant. ant to the rule, the gentleman from stages ending on the date set out in the TITLE IV—GENERAL PROVISIONS California (Mr. THOMAS) and the gen- United States Schedule to Annex 2.1 for the tleman from Michigan (Mr. LEVIN) each elimination of the tariff. SEC. 401. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW. will control 20 minutes. SEC. 214. TERMINATION OF RELIEF AUTHORITY. (a) RELATIONSHIP OF AGREEMENT TO UNITED The Chair recognizes the gentleman (a) GENERAL RULE.—Except as provided in STATES LAW.— subsection (b), no import relief may be pro- from California (Mr. THOMAS). (1) UNITED STATES LAW TO PREVAIL IN CON- Mr. THOMAS. Mr. Speaker, I yield vided under this subtitle after the date that FLICT.—No provision of the Agreement, nor is 15 years after the date on which the Agree- the application of any such provision to any myself such time as I may consume. ment enters into force. person or circumstance, that is inconsistent Mr. Speaker, first of all I want to (b) EXCEPTION.—Import relief may be pro- with any law of the United States shall have thank the chairman of the Committee vided under this subtitle in the case of a Jor- effect. on the Judiciary, the gentleman from danian article after the date on which such (2) CONSTRUCTION.—Nothing in this Act relief would, but for this subsection, termi- Wisconsin (Chairman SENSENBRENNER), shall be construed— for their willingness to expedite this nate under subsection (a), but only if the (A) to amend or modify any law of the Government of Jordan consents to such pro- process. As you know, many commit- United States, or tees share jurisdiction over issues; and vision. (B) to limit any authority conferred under SEC. 215. COMPENSATION AUTHORITY. any law of the United States, on this particular piece of legislation, For purposes of section 123 of the Trade unless specifically provided for in this Act. notwithstanding the Committee on the Act of 1974 (19 U.S.C. 2133), any import relief (b) RELATIONSHIP OF AGREEMENT TO STATE Judiciary’s jurisdictional prerogative, provided by the President under section 213 LAW.— they were willing to exchange letters shall be treated as action taken under chap- (1) LEGAL CHALLENGE.—No State law, or with us so that we might move for- ter 1 of title II of such Act. the application thereof, may be declared in- ward. SEC. 216. SUBMISSION OF PETITIONS. valid as to any person or circumstance on As Chair of the Committee on Ways A petition for import relief may be sub- the ground that the provision or application mitted to the Commission under— is inconsistent with the Agreement, except and Means, I include these letters for (1) this subtitle; in an action brought by the United States for the record and thank the gentleman (2) chapter 1 of title II of the Trade Act of the purpose of declaring such law or applica- from Wisconsin (Chairman SENSEN- 1974; or tion invalid. BRENNER).

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.001 pfrm02 PsN: H31PT1 H4874 CONGRESSIONAL RECORD — HOUSE July 31, 2001 COMMITTEE ON WAYS AND MEANS, it will provide some degree of recogni- nisms that will help to secure compli- Washington, DC, July 30, 2001. tion, and, if you will, a small acknowl- ance without recourse to, as I said, Hon. F. JAMES SENSENBRENNER, Jr., edgment of the gratitude that the peo- those traditional trade sanctions that Chairman, House of Representatives, Rayburn ple of the United States have for the are the letter of the agreement. House Office Building, Washington, DC. DEAR JIM: Thank you for your letter re- people of the Hashemite Kingdom of Mr. Speaker, I include for the garding H.R. 2603, the ‘‘United States-Jordan Jordan. RECORD the exchange of letters be- Free Trade Area Implementation Act of Jordan has played a constructive role tween the Hashemite Government of 2001.’’ through 2 generations of leadership in Jordan and the United States Govern- As you have noted, the Committee on the Middle East. Their steadfast advo- ment. Ways and Means ordered favorably reported, cacy for peace and cooperation in U.S. TRADE REPRESENTATIVE, H.R. 2603, ‘‘United States-Jordan Free Trade fighting terrorism not only needs to be Area Implementation Act of 2001,’’ on Thurs- Washington, DC, July 23, 2001. recognized in symbolic ways, but I be- His Excellency MARWAN MUASHER, day, July 26, 2001. I appreciate your agreement to expedite the passage of this legisla- lieve with this particular trade pact it Ambassador of the Hashemite Kingdom of Jor- tion despite containing provisions within will be recognized in a very realistic dan to the United States. your Committee’s jurisdiction. I acknowl- way as well. DEAR MR. AMBASSADOR: I wish to share my edge your decision to forego further action Although Jordan is a small market, Government’s view on implementation of the on the bill was based on the understanding Jordan is a trusted friend and ally; dispute settlement provisions included in the that it will not prejudice the Committee on and, as importantly, it is strongly com- Agreement between the United States of America and the Hashemite Kingdom of Jor- the Judiciary with respect to its jurisdic- mitted to liberalizing its economy. tional prerogatives or the appointment of dan on the Establishment of a Free Trade Once this agreement is ratified, more Area, signed on October 24, 2000. conferees on this or similar legislation. than 50 percent of the tariffs between Finally, I will include in the Congressional Given the close working relationship be- Record a copy of our exchange of letters on our two countries will be eliminated tween our two Governments, the volume of this matter. Thank you for your assistance overnight, and then gradually the more trade between our two countries, and the and cooperation. We look forward to working difficult areas will be worked down to clear rules of the Agreement, I would expect with you in the future. zero, so that at the end of the 10 years, few if any differences to arise between our Best regards, it truly will be a free trade relation- two Governments over the interpretation or BILL THOMAS, ship. application of the Agreement. Should any Chairman. In addition to that, the quality of differences arise under the Agreement, my Government will make every effort to re- particular areas of this agreement are COMMITTEE ON THE JUDICIARY, solve them without recourse to formal dis- Washington, DC, July 30, 2001. unsurpassed. The intellectual property pute settlement procedures. Hon. WILLIAM M. THOMAS, rights provisions contain the highest In particular, my Government would not Chairman, House Committee on Ways and levels of copyright protection ever in- expect or intend to apply the Agreement’s Means, Longworth HOB, House of Rep- cluded in a trade agreement. In addi- dispute settlement enforcement procedures resentatives, Washington, DC. tion, Jordan will be the first of our to secure its rights under the Agreement in DEAR BILL: Thank you for working with trading partners to bind itself to no a manner that results in blocking trade. In me regarding H.R. 1484, the ‘‘United States- customs duties on electronic com- light of the wide range of our bilateral ties Jordan Free Trade Areas Implementation merce. Clearly this agreement will and the spirit of collaboration that charac- Act,’’ which was referred to the Committee terizes our relations, my Government con- on Ways and Means and the Committee on open Jordan’s markets to U.S. services siders that appropriate measures for resolv- the Judiciary. As you know, the Committee and U.S. markets to Jordan’s products, ing any differences that may arise regarding on the Judiciary has a jurisdictional interest whereby they can earn their way by the Agreement would be bilateral consulta- in this legislation, and I appreciate your ac- trade. tions and other procedures, particularly al- knowledgment of that jurisdictional inter- Mr. Speaker, the reason that we are ternative mechanisms, that will help to se- est. Because I understand the desire to have now in front of the House is that, not- cure compliance without recourse to tradi- this legislation considered expeditiously by withstanding those excellent portions tional trade sanctions. the House and because the Committee does of the agreement that I indicated, Sincerely, ROBERT B. ZOELLICK, not have a substantive concern with those there was an attempt in this particular provisions that fall within its jurisdiction, I U.S. Trade Representative. do not intend to hold a hearing or markup on agreement in dealing with our friend this legislation. and ally to dictate the way in which EMBASSY OF THE HASHEMITE In agreeing to waive consideration by our sanctions would be dealt with; that is, KINGDOM OF JORDAN, Committee, I would expect you to agree that to expand beyond historical param- Washington, DC, July 23, 2001. this procedural route should not be con- eters, that for the first time, this Hon. ROBERT B. ZOELLICK, strued to prejudice the Committee on the Ju- agreement includes treating labor and U.S. Trade Representative, diciary’s jurisdictional interest and preroga- the environment equally with trade. United States of America. tives on this or any similar legislation and That in itself is not necessarily not a DEAR MR. AMBASSADOR: I wish to share my will not be considered as precedent for con- good thing to do, but what it did do Government’s views on implementation of sideration of matters of jurisdictional inter- the dispute settlement provisions included in est to my Committee in the future. The was lock in the old-fashioned trade the Agreement between the Hashemite King- Committee on the Judiciary takes this ac- sanctions, while expanding it to new dom of Jordan and the United States of tion with the understanding that the Com- areas. That, to the present administra- America on the Establishment of a Free mittee’s jurisdiction over the provisions tion, to this majority, is an unaccept- Trade Area, signed on October 24, 2000. within the Committee’s jurisdiction is in no able structure. Given the close working relationship be- way diminished or altered, and that the Not wanting to go back and require a tween our two Governments, the volume of Committee’s right to the appointment of revision of the agreement, what we trade between our two countries, and the conferees during any conference on the bill were able to do was to exchange be- clear rules of the Agreement, I would expect is preserved. I would also expect your sup- few if any differences to arise between our port in my request to the Speaker for the ap- tween the Hashemite Government of Jordan and the United States Govern- two Governments over the interpretation or pointment of conferees from my Committee application of the Agreement. Should any with respect to matters within the jurisdic- ment an exchange of letters in which, differences arise under the Agreement, my tion of my Committee should a conference notwithstanding the Clinton Adminis- Government will make every effort to re- with the Senate be convened on this or simi- tration’s attempt to use this particular solve them without recourse to formal dis- lar legislation. agreement to further its own agenda, pute settlement procedures. Again, thank you for your cooperation on neither the Government of the United In particular, my Government would not this important matter. I would appreciate expect or intend to apply the Agreement’s your including our exchange of letters in States nor the Government of Jordan dispute settlement enforcement procedures your Committee’s report to accompany H.R. intend to exercise trade sanctions in to secure its rights under the Agreement in 1484. the areas in the agreement, especially a manner that results in blocking trade. In Sincerely, in terms of formal dispute resolution. light of the wide range of our bilateral ties F. JAMES SENSENBRENNER, Jr., Rather, they have committed them- and the spirit of collaboration that charac- Chairman. selves to a cooperative structure in the terizes our relations, my Government con- Mr. Speaker, approval of this agree- exchange of these two letters, espe- siders that appropriate measures for resolv- ment will do a number of things. One, cially looking for alternate mecha- ing any differences that may arise regarding

VerDate 30-JUL-2001 23:12 Jul 31, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.003 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4875 the Agreement would be bilateral consulta- The Government of Jordan was will- tives and the chairman of the Com- tions and other procedures, particularly al- ing from the start, and I emphasize mittee on Rules. ternative mechanisms, that will help to se- that, to address that reality. Some in Mr. DREIER. Mr. Speaker, I thank cure compliance without recourse to tradi- the gentleman for yielding me this tional trade sanctions. the United States were not. As a result, Sincerely, after several different notions have time. MARWAN MUASHER, been suggested, there has been an ex- I, of course, was going to begin by Ambassador. change of letters between the two gov- talking about the great importance of Mr. Speaker, with these letters, it ernments. They do not amend the bringing about stability in the region means that, notwithstanding the nar- agreement, they do not forego any of and the benefits of this U.S.-Jordan row, specific wording of the document, its provisions; they say what their in- Free Trade Agreement to economic the attempt to drive a particular polit- tention and expectations are as to im- growth and all, but since both the gen- ical agenda with this agreement, in plementation of all the provisions in tleman from California (Mr. THOMAS) which all are in favor of increasing the agreement. and the gentleman from Michigan (Mr. trade to the point of free and open Both nations have strong practices LEVIN) have gotten to the issue of labor trade between the United States and on labor and environmental standards. and the environment and this very im- Jordan, this agreement becomes ac- The governments say in the letters portant exchange of letters, and I con- ceptable, especially when this is the that if either fails to meet their com- gratulate the chairman for having put first instance in which the 21st century mitments to enforce such standards, or that arrangement together. I think it needs to be addressed with clearly a any other provisions of the agreement, is important to underscore why it is better way to deal with perceived vio- and I emphasize that, any of the other that there seems to be this disagree- lations and actual violations of agree- provisions of the agreement, they do ment. We believe very passionately that the ments. not expect or intend to use traditional best way to deal with those important Alternate mechanisms beyond the trade sanctions to enforce them. issues of labor and the environment is old-fashioned 19th and early 20th cen- That was unnecessary and unfortu- through economic growth. Mr. Speak- tury tools are really what is needed to nate. It is unwise to say that regardless er, there is a great arrogance that ex- develop and grow trade in this century. of the violations of a trade agreement, ists as we proceed with this debate on I am pleased to say that with the ex- the expectation is that any method of trade for the United States of America change of letters, notwithstanding the enforcement will not be used. Trade to try to impose on developing nations specifics of this agreement, we have sanctions are always a last resort, but around the world, nations that are begun to move down that direction; to set a precedent in any agreement struggling to get onto the first rung of and we continue to work together to that under no circumstances is there the economic ladder, standards with present to this House a Trade Pro- any expectation that they may have to motion Authority which builds on this which they cannot comply. They can- be used as to any provision is a mis- not comply. exchange of letters between the Gov- take, an unwise precedent. ernment of the United States and the I recall so well, following the very It was unnecessary because the important December 1999 Seattle min- Hashemite Government of Jordan. agreement carefully sets up a frame- Mr. Speaker, I reserve the balance of isterial meeting of the World Trade Or- work for all kinds of consultations and ganization, the cover of the Economist my time. mediation over a long period of time Mr. LEVIN. Mr. Speaker, I yield my- Magazine the week after that meeting before either party could use sanctions, self such time as I may consume. was very telling. It said, when they Mr. Speaker, this agreement indeed and only after recurring violations af- talked about the imposition of sanc- is an important one. It is important in fecting trade, and only with appro- tions, when President Clinton talked terms of national security. Jordan is priate and commensurate measures. about the imposition of sanctions on important in the quest for peace and I support our approving this agree- issues of labor and the environment, security in the Mideast. ment because of the importance of the the cover had a picture and above that This agreement is important eco- U.S.-Jordanian relationship and be- picture was the caption: ‘‘Who Is the nomically. A healthy Jordanian econ- cause the agreement within its four Real Loser at Seattle?’’ The photo- omy is important in and of itself, and corners still stands. graph, Mr. Speaker, was of a starving for Jordan to play a constructive role b 1030 baby in Bangladesh. It is so apparent that those countries in the Middle East. But cutting corners on the important This agreement is important because which we hope to help get into the issues of labor and environmental it addresses essential ingredients of the international community are being standards and trade agreements is a economic relationship between our two prevented because of, as the gentleman step backwards for future constructive nations. from California (Mr. THOMAS) said ap- It is important because it recognizes action on trade. But today, to proceed propriately, the imposition of a domes- that included in that economic rela- on Jordan is important, and we should tic agenda on other nations. It is unfor- tionship are labor and environmental do so. tunate that Jordan was caught in the standards. Mr. Speaker, I reserve the balance of middle on this issue; however, we do This agreement is so important that my time. want to see environmental standards it should have been presented to this Mr. THOMAS. Mr. Speaker, I yield and worker rights improved in Jordan. House for approval many months ago. myself such time as I may consume. We believe that the economic growth The delay was because some did not I would say to the gentleman the that is going to follow this kind of ef- like the provisions relating to labor only unfortunate circumstance in this fort is important for the stability of and the environment. That position agreement was the unfortunate con- the region. It is very important for was and is misguided. sequences of taking advantage to push bringing about greater stability as it Domestic labor markets and environ- a domestic agenda on trade with as im- expands throughout the Middle East. I mental standards are relevant to trade portant and vital a strategic partner as hope this is just really the second, fol- and competition within a nation and Jordan. We would have preferred that lowing the U.S.-Israel Free Trade competition and trade between na- this domestic agenda on trade be done Agreement, the second in steps that tions. That has become increasingly in a slightly different way. The letters, will help us bring about the very, very true as the volume of international in fact, go a long way toward cor- important economic growth and sta- trade has increased dramatically and recting that attempt, to grab the ini- bility that is needed there. as nations with very different eco- tiative on a domestic agenda on trade Mr. LEVIN. Mr. Speaker, I yield my- nomic structures trade and compete by using this agreement. self 11⁄2 minutes. with one another. Recognition of that Mr. Speaker, it is my pleasure to Mr. Speaker, I want to move on to reality is simply inescapable in this yield 21⁄2 minutes to the gentleman other speakers, but I want the RECORD era of trade. It is not a political ques- from California (Mr. DREIER), one of to be clear: I was in meetings with the tion, it is a matter of sheer economic the leading advocates and spokesmen Jordanian Government from the out- reality. for trade in the House of Representa- set, at least in discussions with this

VerDate 30-JUL-2001 03:47 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.004 pfrm02 PsN: H31PT1 H4876 CONGRESSIONAL RECORD — HOUSE July 31, 2001 body, and the King said they were will- were painting new territory in allowing Mr. ENGLISH. Mr. Speaker, I thank ing to negotiate on labor and environ- us to have in the core agreement labor the gentleman for yielding me this mental standards. Do not talk about and the environmental standards. time. shoving this down somebody’s throat. Mr. Speaker, if we are going to en- Mr. Speaker, our relationship with It is not true. force labor and environmental stand- Jordan is a strategic one, and that Secondly, imposition of our standards, they have to be in the core agree- alone is reason enough for this trade ards? Nonsense. When it comes to core ment. We have seen that every time we agreement to be desirable. But H.R. labor standards, these are ILO stand- have tried to put them in side agree- 2603 is also a model for how we can pur- ards that most nations have already ments, it has been ineffective in ensue a balanced trade relationship with agreed to. forcing the standards that we told the a developing country whose legal sys- Child labor? Forced labor? The abil- American public that we were fighting tem and workplace environment is ity of workers to associate and orga- for. This letter puts labor and environ- radically different from our own. nize? That is imposing our standards? ment as a second tier issue. That is This trade agreement with Jordan These are international standards. Are wrong. It should not be a second tier represents the first free trade agree- we imposing our standards when we in- issue. Most of the other provisions in ment with an Arab Nation and will sist on intellectual property or on sub- the Jordanian agreement can be en- give us closer trade ties to the Arab sidies in agriculture? The gentleman forced through WTO since they are in world. Trading with Jordan will be mu- uses a different standard when it comes the multinational agreement. tually beneficial and strengthen them to one or another. Mr. Speaker, this letter, I hope, will as our ally. Environmental standards. The Presi- not be precedent for the future, be- But Jordan also represents a country dent withdrew from Kyoto because de- cause we can make progress in bilat- that plays a critical role in the Middle veloping nations were not in the Kyoto eral agreements on increasing world East peace process. Beyond that, this Accord, and now someone comes to this standards for labor and environment; agreement negotiated by the last ad- floor and says because we want coun- we can make progress so that Amer- ministration provides us with a sen- tries to enforce the environmental ican producers and manufacturers and sible and balanced approach to address- standards, in this case, their own, it is farmers can effectively compete inter- ing blue and green issues in trade a domestic agenda or it is a political nationally by raising international agreements, discouraging a race to the agenda. It is not. This relates to the standards in labor and environment. bottom by countries seeking to attract terms in competition of countries, and We make progress in the bilateral investment and lure jobs. there are some basic standards that agreement such as with Jordan so that This agreement will benefit not only need to be applied and to be imple- we can move the WTO, the multi- Jordanians, but American workers by mented. national agreements, so that they can creating an export market for high 1 Mr. Speaker, I yield 2 ⁄2 minutes to move forward in these areas. value-added U.S. products in a nation the gentleman from Maryland (Mr. Mr. Speaker, this is a good agree- that cannot make these products for CARDIN). ment. It should be supported. We made themselves. The bill phases out all tar- Mr. CARDIN. Mr. Speaker, I thank a mistake by requesting the exchange iffs during a 10-year period and estab- the gentleman for yielding me this of letters. lishes the first-ever bilateral commit- time. ment regarding e-commerce. It also ad- Mr. THOMAS. Mr. Speaker, I yield Mr. Speaker, I strongly support the dresses intellectual property rights and myself such time as I may consume. agreement that is before us. Jordan is the protections for copyrights, trade- Mr. Speaker, I can understand the a friend of the United States in the marks and patents, as well as makes a perplexity of my friends on the other Middle East. They are moving forward specific commitment to opening mar- side over the letters in which they say in opening direct trade between their kets in the services sector. country and Israel, and they are truly the letters were not Jordan’s idea. But as a truly inclusive trade agree- our ally in seeking peace in the Middle Well, let us return to the negotiation ment, H.R. 2603 addresses various labor East and in fighting terrorist activi- between the Clinton administration and environmental concerns. This ties. and the Jordanians. agreement does not seek to place fur- I also support this agreement because I cannot believe it was the Jor- ther labor and environmental regula- it is a good agreement. It is a good danians’ idea to lay on the table old- tions on Jordan, but rather, requires agreement from the point of view of fashioned sanctions in which products that they enforce the law that they al- the United States. We already have a are used to retaliate against violations ready have on their books. Jordan can- Free Trade Agreement with Israel. extended to labor and the environment. not relax environmental standards to This Free Trade Agreement will open I have a hunch it was the Clinton ad- attract trade, and they have agreed to up opportunities for American pro- ministration that laid these on the fully enforce national labor laws. This ducers and manufacturers. And we table. And, of course, my friend from agreement provides us with a model, have made progress, as the gentleman Michigan then says, they did not object perhaps not the only one, but a very from Michigan (Mr. LEVIN) has pointed to them. Of course they are not going promising one, for engaging in fair out, on labor and environment; that is, to object to them. They are going to trade with a developing country, and I removing barriers to fair trade because say, yes, to whatever is laid on the urge my colleagues to support it. of the standards of other countries table. Mr. LEVIN. Mr. Speaker, I yield 3 being far below the standards here in So I do not think the argument about minutes to the very distinguished gen- the United States. That works to the basic standards being implemented is tleman from Texas (Mr. DOGGETT). disadvantage of U.S. manufacturers the issue. It was the fact that the Jor- Mr. DOGGETT. Mr. Speaker, I cer- and producers. We made progress in danians were required to agree to a tainly support this agreement, as I did this agreement because Jordan agreed sanctions structure that was imposed in committee, but the handling of this to enforce its own laws in the trade upon them by the Clinton administra- bill really represents another foreign agreement. What is wrong with that? tion. The letters were not Jordan’s policy failure for the Bush Administra- Now, Mr. Speaker, I must tell my idea, but the basic document was not tion. colleagues, I am concerned about the Jordan’s idea either. During the last week alone, this Ad- letters that were exchanged between What we have is an ability to reach ministration has stood alone and iso- Jordan and the United States that the agreement and move forward. Frankly, lated from 178 other countries on how distinguished Chairman of the Com- we would not be here today without the to resolve climate change and global mittee on Ways and Means put in the letters. So I think the letters were a warming. It has stood alone and iso- RECORD. These letters were requested very good thing. lated from seven years of negotiations by the United States. Make no mistake Mr. Speaker, I yield 2 minutes to the about how to make an international about it, this was not Jordan’s idea, gentleman from Pennsylvania (Mr. agreement on germ warfare more effec- this was the United States’ idea. It was ENGLISH), a member of the Committee tive. And it reasserted its intention to because we were concerned that we on Ways and Means. unilaterally reject the Antiballistic

VerDate 30-JUL-2001 03:47 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.021 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4877 Missile Treaty that has contributed to Mr. THOMAS. Mr. Speaker, it is my influence, particularly when their pric- three decades of peace. pleasure to yield 11⁄2 minutes to the ing practices are robbing Americans Little wonder that this week’s con- gentleman from Michigan (Mr. blind. But that is what happens when servative Economist magazine raises KNOLLENBERG). Congress has too little oversight in the question: ‘‘Stop the World, I Want Mr. KNOLLENBERG. Mr. Speaker, I trade agreements. to Get Off: Has George Bush Ever Met thank the gentleman for yielding time If Fast Track passes, what will the a Treaty that He Liked?’’ Well, it is to me. future hold once the drug industry and not this one, because today the Repub- I rise in very strong support of this other special interests know that Con- licans here on the House floor display agreement, Mr. Speaker, and I urge my gress cannot amend the trade agree- their real paranoia about any attempt colleagues on both sides to support pas- ment? How many poison pills will we to protect workers and the environ- sage. have to swallow or will the American ment from the potential adverse con- The U.S.-Jordan Free Trade Agree- public have to swallow? sequences of international trade. ment will provide economic benefits to It is provisions like these, slipped Mr. Speaker, this is an outmoded both countries. That is what we are into trade agreements, which are the trade policy that the Bush Administra- really here about. This agreement will reason why Fast Track is such a threat tion is advancing at the very time that eliminate tariffs on virtually all trade to the best interests of our constitu- a number of our trading partners are between the two countries within 10 ents. While trade agreements go to recognizing that environmental issues years. Passage of this agreement offers great lengths to protect investors and need to be addressed as we look at the the prospect of rapid growth in the protect property rights, these agree- question of international trade. It is a U.S.-Jordan trade relationship. ments rarely include enforceable provi- policy that is consistent only with the In addition to economic benefits, this sions to protect workers in the U.S. or Bush Administration’s anti-environ- agreement will help to strengthen our abroad. Like the Jordan agreement, mental attitudes and policies here in association with a key ally in the Mid- corporations will slip provisions into the United States. dle East. Jordan is a trusted friend and the text that will abuse the most vul- ally of the U.S. and is strongly com- nerable of society. b 1045 mitted to liberalizing its economy. The Three years ago, Fast Track was de- Trade is certainly vital to our coun- agreement provides important support feated in Congress, 243 to 180. Vote for try, but if more international com- to Jordan’s commitment. the Jordan trade agreement but defeat merce with a particular country leads In addition, the U.S.-Jordan FTA Fast Track, which allows bad provi- to the reliance on more child labor or builds on other U.S. initiatives in the sions in good trade agreements. Mr. LEVIN. Mr. Speaker, I yield 2 the destruction of rain forests or en- region designed to encourage economic minutes to the gentleman from Oregon dangered species, those are important development and regional integration. considerations to be avoided through (Mr. BLUMENAUER). This includes, of course, the 1985 U.S.- Mr. BLUMENAUER. Mr. Speaker, I negotiation. Israel Free Trade Agreement and its This agreement with the small, but appreciate the gentleman’s courtesy in extension to areas administered by the yielding time to me to speak on this important, country of Jordan fortu- Palestinian Authority in 1996. nately did not involve any of those par- issue. Again, Mr. Speaker, I urge my col- Mr. Speaker, I have a slightly dif- ticular concerns; but the Clinton Ad- leagues to vote yes on this agreement. ferent perspective than my friend, the ministration, wisely working with the Mr. LEVIN. Mr. Speaker, I yield 2 gentleman from Ohio. I happen to be- country of Jordan, provided that if minutes to the gentleman from Ohio lieve very strongly that trade pro- there were repeated violations of a (Mr. BROWN). motion authority is important and country’s own laws, not our laws in Mr. BROWN of Ohio. Mr. Speaker, I that our future, not just from our re- Jordan but Jordan’s laws in Jordan to thank my friend, the gentleman from gion but for our country and for devel- protect workers and the environment, Michigan, for yielding time to me. oping nations around the world, lies in then that could be the subject of trade Let me preface my statement by say- fairer, freer trade. sanctions. ing that I support the Jordan-U.S. I supported the trade promotion au- That scares the Republicans to trade agreement and plan to vote for thority for the last administration. I death, the very thought that on an it. That said, this agreement illus- hope to be able to support it for this international level we might give con- trates why this Congress must not re- administration. sideration to the way trade impacts linquish our right to amend future But I would look at this agreement workers, child laborers, the environ- trade agreements and why we must today as a model for an approach that ment, endangered species, rain forests, vote down Fast Track. we can have trade promotion author- or other sensitive environmental areas. When we look closely at this, we see ity, which I think is important, but do They are opposed to even the most the fingerprints of the brand-name it in a way that brings us together, modest safeguards like those contained drug industry all over it. This agree- where we can have 300 or 400 people on in this agreement, so they have not ment provides protections for the drug this floor, as the gentleman from fast-tracked this agreement; rather, industry more stringent than those es- Michigan is looking for ways to be able they have slow-tracked it. They have tablished by the World Trade Organiza- to express these concerns about envi- slow-tracked it for the last six or seven tion. ronment, about worker standards. months, refusing to present this trade Look at the fine print of section 20 of This agreement that we have before agreement to the Congress to act upon. Article 4 on intellectual property. Not us can be a template in a way that does Today they rush it to the floor with only does this agreement impose bar- not divide us but actually strengthens minimum debate because they do not riers to generic access in Jordan that free trade. It brings it in a way that want any attention on the contradic- are greater than those in place here, it does not have to have a partisan edge tions in their own trade policy. That is prevents the United States from using to it, and actually encourages coun- a trade policy of slow-tracking that a WTO sanction mechanism, compul- tries to be able to develop their own tells us a great deal about this so- sory licensing, to bring down grossly labor and environmental standards. called fast track proposal. inflated drug prices. We have a number of companies I support more trade, but not by The Jordan trade pact blocks the around the world that are doing pio- granting President Bush a blank check, U.S. from ever enacting compulsory li- neering work in their own work to be open-ended trade authority to do any- censing law, now or in the future, to able to advance higher standards for thing he wants. It is clear from his re- combat excessive drug prices. the environment and the workplace; jection of these modest safeguards that While Congress waited for the trade international corporations that are he will not do right by workers and the agreement to be negotiated, our drug showing the way in terms of how to environment unless we put strict con- industry convinced the U.S. Trade Rep- treat their employees in patterns of ditions on any trade negotiating au- resentative to tie our hands and to tie compensation and worker safety. thority that Congress decides to dele- Jordan’s hands. It is outrageous that I would strongly urge that we ap- gate to him. the drug industry can have this kind of prove this agreement before us, and

VerDate 30-JUL-2001 03:47 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.066 pfrm02 PsN: H31PT1 H4878 CONGRESSIONAL RECORD — HOUSE July 31, 2001 that we look at this as a template for prosperity and the prospect for eco- am deeply disappointed with the ad- how we ought to put together trade nomic stability, we can help it con- ministration’s attempt to undermine promotion authority. tinue to lead by example in a region the deal and to turn the clock back. I commend the gentleman from where greater, stronger leadership is so Mr. THOMAS. Mr. Speaker, it is my Michigan for the work that he is doing desperately needed. pleasure to yield 11⁄2 minutes to the on our side of the aisle to have a broad- Just a couple of months ago, I led a gentleman from Virginia (Mr. CANTOR). er conversation. He, I think, has shown delegation of members of the Com- Mr. CANTOR. Mr. Speaker, I thank through his work on China that there mittee on Appropriations to Israel, the gentleman for yielding time to me. are ways to bring us together. I encour- Egypt, and to Jordan. In all of those Mr. Speaker, I rise today in support age this Chamber to look at this agree- countries, we appreciated the impor- of H.R. 2603, which, in a comprehensive ment as a way that we can do this in a tance of trade as a driver of regional fashion, eliminates barriers to bilat- way that we will not lose the oppor- economic growth. eral trade in goods and services be- tunity to develop the consensus. I Mr. Speaker, this is an important tween the United States and the thank the gentleman for his efforts. agreement. I urge my colleagues to Hashemite Kingdom of Jordan. Mr. THOMAS. Mr. Speaker, it is my support it. I would posit that this agreement pleasure to yield 2 minutes to the gen- Mr. LEVIN. Mr. Speaker, I yield 2 does bring us together by providing a tleman from Arizona (Mr. KOLBE), who minutes to the gentleman from Michi- positive structure for dealing with through his time and talent has as- gan (Mr. BONIOR), our distinguished trade violations, rather than con- sisted for a long time. I look forward to whip. troversial and potentially ineffective working with him as we move trade Mr. BONIOR. Mr. Speaker, I thank sanctions. promotion authority. my colleague for yielding time to me, Economic prosperity, stability, and Mr. KOLBE. Mr. Speaker, I thank the and I thank him and others who religious tolerance form the foundation gentleman for yielding time to me. worked on this agreement. of our foreign policy in the Middle Mr. Speaker, I rise today in strong Mr. Speaker, the agreement we face East. In a region where daily violence support of the U.S.-Jordan Free Trade today is a good agreement. It furthers has almost become a fact of life, the es- Agreement. I want to begin by thank- our relationship with our friends and tablishment of economic cooperation is ing President Clinton, acknowledging allies; and it increases the prospect, as a vitally important aspect of creating his role in negotiating this agreement. we have heard, for economic and politan environment where the nations of I want to praise President Bush for ical stability in the Middle East. It the Middle East can exist in peace and bringing this agreement forward in a contains modest yet meaningful stand- with prosperity. determined fashion. ards for worker rights and the environ- This agreement will enable the I really want to commend the chair- ment. For the first time, Mr. Speaker, United States to have a productive eco- man of the Committee on Ways and these values are considered as terms of nomic exchange with a valuable trad- Means, the gentleman from California the agreement, just as tariffs, just as ing partner that has been a stabilizing (Mr. THOMAS), and the gentleman from intellectual property traditionally factor in that region. The spirit of bi- the subcommittee, the gentleman from have been. lateral economic cooperation between Illinois (Mr. CRANE), and the ranking But what I am concerned about is the these two countries will be beneficial member, the gentleman from Michigan interjection of these side letters. The to both our nations, and sends a signal (Mr. LEVIN), for their bipartisan sup- administration, I think, is under- to the world that nations that share port in bringing this agreement for- mining a good deal with these side let- our values and desire for peace will ward. ters. The side letter effectively re- prosper. Mr. Speaker, this agreement is crit- moves the possibility of enforcing Jordan has been a steadfast partner ical to the foreign policy of the United labor and environmental violations by for promoting peace and fighting ter- States. It is of enormous political sig- tough enforcement mechanisms of rorism, and I welcome this agreement. nificance to us. Jordan is a vital ally of sanctions. The side letter places a 1100 ours in the Middle East. It has been in higher value on commercial provisions b the past; and it continues to be a lead- which are still enforceable by sanctions I commend the gentleman from Cali- er in this peace process, this Middle through the WTO. fornia (Mr. THOMAS) for his leadership East peace process. Overall, the side letters suggest that on the issue and again urge my col- Let there be no doubt, we have relied we value our goods over our workers. It leagues to support this important leg- heavily on Jordan to play a construc- has been the nexus, the heart of the islation. tive role in building peace in the re- problem we have had on the trade Mr. LEVIN. Mr. Speaker, I yield 2 gion, and certainly the least we can do issue. This was a solid agreement nego- minutes to the gentleman from Vir- today is extend our hand in free trade. tiated in good faith by two strategic ginia (Mr. MORAN). This role that Jordan has played is a friends and partners. It deserves to be Mr. MORAN of Virginia. Mr. Speak- very difficult one. It is located geo- implemented as such. er, I thank my good friend, my very graphically between Iraq and Syria and This agreement was once a good step distinguished colleague from Michigan, the west bank of the Jordan. Over half forward, including worker rights and Mr. LEVIN, for yielding me this time. of its population is of Palestinian de- environmental standards in a trade I strongly support this resolution scent. In short, it is in the heart of a agreement. Now, with the side letter, it that approves the U.S.-Jordan Free region that is plagued by centuries of becomes yet another reflection of the Trade Agreement. The United States conflict. It lies on the edge of a poten- trade policies of the past that deny the rarely gets a chance to score a clear tial conflict all along all of its borders. realities of today. victory that will promote economic Despite this, it has had strong polit- We must remember the administra- growth, regional stability, reward a ical leadership over the years that has tion’s actions to gut these modest trusted ally, and affirm our most basic taken repeatedly difficult steps to- worker rights and environmental pro- democratic values. We have such an op- wards peace, started by former King visions when we look to future agree- portunity right now with this agree- Hussein with a peace agreement be- ments in this Congress, especially Fast ment. Even though Jordan is only our tween Jordan and Israel in 1994, and Track. Fast Track requires us to put 100th largest trading partner, the Jor- that continues today under the leader- all our faith in Presidential authority. dan Free Trade Agreement is crucial to ship of his son, King Abdullah II. The action on the Jordan agreement our national interest. We must implement this free trade should warn us against that. This ad- First, this agreement holds the po- agreement, not because of the eco- ministration gives with one hand while tential of jump-starting a process of nomic benefits the U.S. may receive, trying to take away with the other. trade liberalization that has slowed although there are some. We must im- Mr. Speaker, I will vote for this trade down considerably since 1995. Under plement this agreement because it will agreement because I believe in the deal this agreement, duties on almost all help Jordan develop economically and that was negotiated, and that is on the goods would be phased out over a 10- become more prosperous. With the floor today. It is a step forward. But I year period. Jordan commits itself to

VerDate 30-JUL-2001 03:47 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.026 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4879 opening its markets fully to U.S. man- Watch and remember what happened help to make it an economic model for the rest ufacturers, farmers, and service pro- with those letters on this issue. Vote of the Arab world. viders. The Jordan FTA is the first for this but do not forget. Mr. TOM DAVIS of Virginia. Mr. Speaker, I such agreement ever to address issues Mr. THOMAS. Mr. Speaker, I yield rise to support H.R. 2603, the United States- related to electronic commerce and the myself the balance of my time. Jordan Free Trade Implementation Act. Internet, with Jordan promising to rat- The SPEAKER pro tempore. The gen- Jordan is a small Arab country with abun- ify international agreements ensuring tleman from California (Mr. THOMAS) dant natural resources such as oil. The Per- the protection of software and audio has 2 minutes remaining. sian Gulf crisis aggravated Jordan’s already recordings on the Internet. Also under Mr. THOMAS. Well, gee, Mr. Speak- serious economic problems, forcing the gov- this agreement both sides pledge much er, I guess I am a little bit confused. ernment to put a hiatus on the International greater openness in the resolution of Apparently the gentleman from Wash- monetary Fund program, stop most debt pay- disputes. ington thinks that President Bush ne- ments, and suspend rescheduling negotia- More significant than this contribu- gotiated this agreement. Perhaps I tions. However, the economy rebounded in tion to open trade is what the Jordan should shock him into reality and indi- 1992, thanks to the influx of capital repatriated FTA should mean for our continuing cate that the proper response on this by workers returning from the Gulf. pursuit of peace and stability in the floor should have been shame on you. After averaging 9 percent in 1992–95, GDP Middle East. Since coming to power Shame on your administration in try- growth averaged only 2 percent during 1996– after the death of his legendary father, ing to push your domestic trade agenda 99. In an attempt to spur growth, King King Hussein, 2 years ago, King by making an offer to Jordan you knew Abdallah of Jordan has undertaken some eco- Abdullah has launched a series of pro- they could not refuse. What kind of nomic reform measures, including partial pri- gressive reforms intended to modernize diplomatic relationship is that? vatization of some state-owned enterprises. Jordan’s economy. The nation has The mistake of using Jordan as a These actions culminated with Jordan’s entry joined the World Trade Organization, pawn has partially been corrected by in January 2000 into the World Trade Organi- deregulated some of its service indus- the exchange of letters. And so when zation (WTO). I have personally met with King Abdallah on tries, and strengthened its intellectual my colleague stands up here and says several occasions. I was pleased to host the property laws. It has also stood with piously, gee, we are trying to reverse King and Queen in 1999, when they visited the United States politically, helping an agreement in which we just want Northern Virginia to discuss possible invest- to enforce our trade embargo against some standards for labor and the envi- ment opportunities in Jordan with regional high Iraq, and serving as a voice of modera- ronment, I would note, as I said at the technology and telecommunications compa- tion among the Arab states. very beginning, there is nothing wrong nies. The King and representatives from his By entering into this agreement, we with that. We need to move in that di- government showed a keen interest in explor- are promoting regional economic rection. Get over it. The previous ad- ing trade opportunities with our technology growth, and sending a strong and posi- ministration tried to sneak an agree- sector. The attendees, which included CEOs tive signal of support to a crucial ally. ment through, and it was not done. and Presidents of national high-tech organiza- If we were to delay this trade agree- Now, let us sit down and work together tions and companies, were overwhelmingly im- ment that the previous Clinton admin- and talk about not using antiquated pressed with the King’s knowledge of the in- istration worked out so constructively, sanctions in resolving these new issues. dustry and his openness towards working with it would send the opposite and wrong The bottom line is this, Mr. Speaker. them. signal. This trade agreement marks a This agreement is on the suspension Mr. Speaker, I believe passage of H.R. new approach to addressing labor and calendar. We all agree that our friend 2306 will have significant and positive eco- environmental provisions that I think and ally is long overdue this recogni- nomic and political impacts for both Jordan is reasonable and realistic. tion. Let us vote ‘‘yes’’ on H.R. 2603. and the United States. The U.S.-Jordan Free Approval of this agreement should Mr. GILMAN. Mr. Speaker, the U.S.-Jordan Trade Agreement (FTA) will increase levels of give us some momentum now to move Free Trade Agreement with the United States trade in services for both nations, boost the forward on our larger bipartisan trade is good for Jordan, good for the United States Jordanian economy, contribute to easing un- agenda, most notably trade promotion and good for peace in the Middle East. By employment, attract foreign direct investments authority. Global agreements can be eliminating trade barriers between both our from both U.S. and other foreign-based com- values driven as well as profits driven, countries, it will increase trade. In doing so, it panies, and reinforce momentum for additional and that is why I urge my colleagues to will strengthen one of the most constructive economic reform in Jordan. In the year 2000, approve this agreement and reaffirm regimes in the Middle East regarding the total bilateral trade between the U.S. and Jor- our commitment to this vital ally in Peace Process. dan was approximately $385 million, with U.S. the Middle East. Under King Abdullah’s leadership, Jordan exports to Jordan accounting for about 80 per- Mr. LEVIN. Mr. Speaker, I yield the has already made significant strides in mod- cent or $310 million of this total. In the same balance of my time, a long 30 seconds, ernizing its economy and in opening its mar- year, U.S. imports from Jordan totaled $73 to the gentleman from Washington kets to the outside world. For example, Jordan million and accounted for approximately 20 (Mr. MCDERMOTT). has embarked on a major privatization pro- percent of total bilateral trade. Mr. MCDERMOTT. Mr. Speaker, so gram that includes its telecommunications sec- The FTA builds on other U.S. initiatives in much to say. tor, and has improved its record on intellectual the region that are designed to encourage Mr. Speaker, I am here to vote for property rights. economic development and regional integra- the Jordan treaty, but the world will This agreement will accelerate that process tion, including: the 1996 extension of the U.S.- little note nor long remember what we by guaranteeing: Israel Free Trade Agreement to areas admin- do here today. But what was important The elimination of all tariffs on industrial istered by the Palestinian Authority; and the about today was the President of the goods and farm products within 10 years; 1996 creation of Qualified Industrial Zones United States showed his hand. He is Free trade in services, giving American (QIZ), which are areas under joint Israeli and not trustworthy. He will take an agree- service providers full access to services of key Jordanian control whose exports are eligible ment, and when it is being out here on importance; for duty-free treatment in the United States. the floor he will then write a letter and Modern intellectual property rights commit- Once passed by the Congress and the Jor- undo it. ments, which will provide prospects for tech- danian Parliament, the U.S.-Jordan FTA will Now, let us give them trade pro- nology-based industries, copyright-based in- be the first U.S. free trade agreement with an motion authority, shall we? He will go dustries, and pharmaceutical companies; independent Arab country, and Jordan will be and negotiate, he will bring a treaty in A joint commitment to promote a liberalized the fourth country in the world to have a bilat- here, we will vote for it, and as we vote trade environment for e-commerce that should eral free trade agreement with America-all of ‘‘aye’’ or ‘‘no,’’ he will be putting in encourage investment in new technologies, which reflects the close bond between the two the mailbox at the White House a let- and avoid imposing customs duties on elec- nations, and reaffirms our commitment to this ter to somebody saying, ‘‘I didn’t mean tronic transmissions. burgeoning relationship. it, guys. This does not really count. Just as Jordan has been a model for con- Mr. CROWLEY. Mr. Speaker, I rise as a co- You know we didn’t really mean what’s structive participation in the Peace Process, sponsor of H.R. 2603, the United States-Jor- in this.’’ the U.S.-Jordan Free Trade Agreement can dan Free-Trade Agreement.

VerDate 30-JUL-2001 03:09 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.030 pfrm02 PsN: H31PT1 H4880 CONGRESSIONAL RECORD — HOUSE July 31, 2001 This legislation, as approved, would imple- nating duties and commercial barriers to bilat- any Administration, Democrat or Republican, ment H.Doc. 107–15 as it was submitted to eral trade in goods and services. present or future, will be forced to impose Congress on January 6, 2001 by former Presi- The U.S.-Jordan Free Trade Agreement trade sanctions on Jordan. However, since dent Clinton, and would make the trade agree- was negotiated during the Clinton Administra- this agreement includes language that neither ment we negotiated with the Hashemite King- tion, although it was completed too late to se- mandates or precludes any means of enforce- dom of Jordan operational. cure Congressional action last year. If en- ment, it signifies a critical shift in U.S. prior- Jordan is a moderate Arab nation and an acted, Jordan would become only the fourth ities; one that reflects growing concerns over ally of both the United States and Israel. The country, after Canada, Mexico and Israel, with the effect of globalization on U.S. jobs and free trade agreement negotiated by the Clinton which the United States has a free-trade ar- economic opportunity. administration will help to solidify trade and rangement. I support implementation of the Mr. Speaker, passage of the Jordan FTA is commerce between the United States and Jor- Jordan FTA because I believe it will help ad- more significant than the trade benefits in- dan. vance the long-term U.S. objective of fostering cluded in this legislation. Passage of this im- As you know Mr. Speaker, free trade is vital greater Middle East regional economic integra- plementing bill sends an important signal of to political stability and economic development tion, while providing greater market access for support to our allies and our trading partners not only in the Middle East but also around U.S. goods, services, and investment. that the U.S. intends to be an important player the world. With free trade nations are not only The Jordan FTA not only sends a strong in promoting trade policies that open markets able to exchange goods but also ideas. It is message to Jordanians and its neighbors to U.S. exports and create U.S. jobs, while ad- the ideas of freedom and democracy that is about the economic benefits of peace, but sig- dressing concerns related to the effects of in- the greatest export the United States can offer nificantly contributes to stability throughout the creased globalization on our economy. We to the rest of the world. region. This Agreement is the culmination of may never reach consensus on the issue of Under the agreement negotiated by the our economic partnership with Jordan, which the most appropriate means of enforcing labor United States and Jordan, both nations have has also included U.S.-Jordanian cooperation and environmental violations, but I think that committed themselves to removing almost all on Jordan’s accession to the World Trade Or- all Members can agree on the importance of duties on trade in ten years. The two countries ganization (WTO), our joint Trade and Invest- expanding exports and creating good paying have also committed themselves to safe- ment Framework Agreement, and our Bilateral jobs for Americans, while providing adequate guarding intellectual property and copyrights. Investment Treaty. This Agreement also rep- safeguards to preserve our economic inter- Most importantly the agreement includes resents a vote of confidence in Jordan’s eco- ests. With passage of the Jordan FTA, I be- provisions to protect worker rights and the en- nomic reform program, which should serve as lieve we are taking an important first step in vironment. a source of growth and opportunity for Jor- achieving these goals, and I urge my col- The Middle East is an emerging region and danians in the coming years. leagues to approve this bill. the United States should do all it can to help I am pleased that the Jordan FTA includes Mr. BEREUTER. Mr. Speaker, this Member the nations of the Middle East develop their the highest possible commitments from Jordan rises today to express his support for H.R. economic potential. Jordan has played an inte- on behalf of U.S. business on key issues, pro- 2603, which implements the United States-Jor- gral role in leading the region to a freer and viding significant liberalization across a wide dan Free Trade Area Agreement. This Mem- a more secure future. spectrum of trade issues. The FTA builds on ber would like to thank the distinguished gen- King Abdullah has made important commit- economic reforms Jordan has made by requir- tleman from California (Mr. THOMAS), the ments to implement necessary economic and ing it to eliminate tariffs on agriculture goods Chairman of the House Ways and Means political reforms. Jordan has also been an im- and industrial products within a decade, Committee, for introducing this legislation and portant partner in the Middle East peace proc- strengthen intellectual property protections and for his efforts in bringing this measure to the ess, and a leading voice among moderate liberalize services trade. House Floor. Arab nations for normalizing relations with the Perhaps most importantly, the Jordan FTA The U.S.-Jordan Free Trade Agreement, State of Israel. contains provisions in which both our countries which was signed by President Clinton on Oc- By supporting free trade with Jordan the agree not to relax environmental or labor tober 24, 2000, will eliminate commercial bar- United States Congress will be recognizing standards in order to enhance competitive- riers and duties to bilateral trade in goods and Jordan’s role as a peace partner in the Middle ness. For the first time, these provisions are in services originating in Jordan and the United East. the main body of the agreement. It is impor- states. The agreement will eliminate virtually Free trade will give American companies tant to note that the FTA does not require ei- all tariffs on trade between Jordan and the more access not only to the Jordanian market ther country to adopt any new laws in these U.S. within ten years. but also to markets in Israel and Egypt. While areas, but rather includes commitments that The U.S.-Jordan Agreement is part of the at the same time providing for greater eco- each country enforce its own labor and envi- broader U.S. effort to encourage free trade in nomic development in the region. ronmental laws. While I understand that the the Middle East. For example, in 1985, the Currently, New York State conducts $23 mil- Bush administration has exchanged letters U.S.-Israel Free Trade Agreement was signed lion worth of trade with Jordan. In the next ten with Jordan pledging neither country would and it was extended to areas administered by years this volume is expected to increase as use sanctions to enforce that part of the pact, the Palestinian Authority in 1996. In addition, Jordan’s economy continues to grow. This will I believe the approach taken under this bill is the U.S. has also signed Trade and Invest- create more jobs for my constituents and more the right approach—it allows this body to ment Framework Agreements with Egypt in prosperity for the people of Jordan. move forward on an agreement of strategic 1999 and Turkey in 2000. It should also be Mr. Speaker, it is important for the United importance that emphasizes the importance of noted Jordan joined the World Trade Organi- States to continue playing its historic role in labor and environmental standards to existing zation in April of 2000. the Middle East as a voice for peace and de- and future U.S. trade policy. In light of the This Member would like to focus on the fol- mocracy. Free trade with Jordan recognizes agreement on this issue, it would serve this lowing three aspects of the U.S.-Jordan Free both Jordan’s role as a peace partner in the body well to work toward a similar com- Trade Agreement: the agriculture sector, the Middle East and it reasserts America’s compromise that can garner broad bipartisan sup- services sector, and the environmental and mitment to peace and stability in the Middle port for Trade Promotion Authority, which the labor provisions. East. I would also like to point out the United House may consider as soon as this week. First, with regard to agriculture, the top U.S. States-Jordan Free Trade Agreement is sup- I am pleased that the House moved the Jor- exports to Jordan include wheat and corn. In ported by Israel, evidence of Israel’s continued dan FTA largely as negotiated. However, with 1999, the U.S. exported $26 million of wheat commitment to peace and stability in the re- less than $400 million in two-way trade be- and $10 million of corn to Jordan. With low gion. tween the U.S. and Jordan—about the same prices and higher supplies of agricultural com- At this hour of crises in the Middle East it volume of trade the U.S. conducts with China modities, this free trade agreement is a step in is important for the United States Congress to in a single day—the real impact of congres- the right direction. stand with the people of Israel and Jordan by sional approval of this agreement is to show Second, the U.S.-Jordan Free Trade Agree- supporting free trade and democracy in the re- our support for a key U.S. ally in a troubled re- ment opens the Jordanian service markets to gion. gion of the world. Given the relatively small U.S. companies, which includes engineering, Mr. BENTSEN. Mr. Speaker, I rise in sup- volume of trade with Jordan, the strategic sig- architecture, financial services, and courier port of this legislation, which provides for im- nificance of the U.S.-Jordanian relationship, services to name just a few. Some U.S. com- plementation of a free trade agreement be- and the importance Jordanians place on this panies should directly benefit from this open- tween the United States and Jordan, elimi- free trade agreement, it is highly unlikely that ing of the service markets in Jordan. Services

VerDate 30-JUL-2001 03:09 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JY7.036 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4881 trade is becoming a bigger part of the overall consideration of the bill (H.R. 2647) making Mr. Speaker, to quote the great Yogi trade picture. In fact, worldwide services trade appropriations for the Legislative Branch for Berra, ‘‘It’s like deja vu all over totaled $309 billion in 1998, which resulted in the fiscal year ending September 30, 2002, and again,’’ as the Legislative Branch Ap- for other purposes. The first reading of the an $84 billion positive balance for the U.S. in bill shall be dispensed with. Points of order propriations bill provides yet another services for 1998. This positive trade balance against consideration of the bill for failure example of a carefully crafted bill from for services is in stark contrast to the U.S. to comply with clause 4(c) of rule XIII are the Committee on Appropriations that merchandise trade deficit. waived. General debate shall be confined to balances fiscal discipline with the true As the Chairman of the House Financial the bill and shall not exceed one hour equal- needs of the first branch of our govern- Services Subcommittee on International Mone- ly divided and controlled by the chairman ment, the legislative branch. This leg- tary Policy and Trade, this Member has fo- and ranking minority member of the Com- islation represents a responsible in- mittee on Appropriations. After general decrease in overall spending of 4.5 per- cused on the importance of financial services bate the bill shall be considered for amend- trade. My Subcommittee conducted a hearing ment under the five-minute rule. The bill cent. in June 2001 on financial services trade with shall be considered as read. Points of order I would like to commend the chair- insurance, securities, and banking witnesses against provisions in the bill for failure to man and the ranking member, and all testifying. At this hearing, the Subcommittee comply with clause 2 of rule XXI are waived. the members of the subcommittee, for learned that U.S. trade in financial services No amendment to the bill shall be in order their hard work on what is truly a non- equaled $20.5 billion. This is a 26.7 percent except those printed in the report of the controversial bill. increase from the U.S.’s 1999 financial serv- Committee on Rules accompanying this res- Mr. Speaker, it has been said that olution. Each such amendment may be of- our Nation’s capitol building and its ices trade data. Unlike the current overall U.S. fered only in the order printed in the report, trade deficit, the U.S. financial services trade may be offered only by a Member designated campus serves three distinct and im- had a positive balance of $8.8 billion in 2000. in the report, shall be considered as read, portant purposes. First, it is a working Third, the U.S.-Jordan Free Trade Agree- shall be debatable for the time specified in office building. The central meeting ment also includes labor and environment pro- the report equally divided and controlled by place of our Federal legislature. visions. This is the first time that these types the proponent and an opponent, shall not be Second, it is a museum that pre- of provisions have been included in the main subject to amendment, and shall not be sub- serves our Nation’s history and marks ject to a demand for division of the question its many legislative battles and vic- text of a U.S. free trade agreement. This in the House or in the Committee of the Member would like to note that these labor Whole. All points of order against such tories. and environment provisions focus on Jordan amendments are waived. At the conclusion And, finally, this capitol is a living and the U.S. enforcing its own labor and envi- of consideration of the bill for amendment monument to democracy, which sits ronmental laws. This agreement does not im- the Committee shall rise and report the bill upon the great pedestal of Capitol Hill, pose any labor and environment standards on to the House with such amendments as may clear for all to see. Jordan or the U.S. have been adopted. The previous question Mr. Speaker, the Legislative Branch shall be considered as ordered on the bill and Mr. Speaker, in conclusion, this Member Appropriations bill safeguards these amendments thereto to final passage with- important roles by ensuring funding urges his colleagues to support H.R. 2603, the out intervening motion except one motion to implementation of the U.S.-Jordan Free Trade recommit with or without instructions. needs of this institution are met. Spe- cifically, the bill funds congressional Agreement. The SPEAKER pro tempore. The gen- operations for the House of Representa- The SPEAKER pro tempore. The tlewoman from Ohio (Ms. PRYCE) is tives, including our staffs and employ- question is on the motion offered by recognized for 1 hour. the gentleman from California (Mr. Ms. PRYCE of Ohio. Mr. Speaker, for ees. It addresses the needs of the U.S. THOMAS) that the House suspend the purposes of debate only, I yield the cus- Capitol Police, and continues to sup- rules and pass the bill, H.R. 2603, as tomary 30 minutes to my colleague and port their efforts to modernize as they amended. good friend, the gentleman from Ohio perform essential security functions The question was taken; and (two- (Mr. HALL); pending which I yield my- for the protection of not just Members thirds having voted in favor thereof) self such time as I may consume. Dur- of Congress and our staffs but also the the rules were suspended and the bill, ing consideration of this resolution, all millions of visitors who come to the as amended, was passed. time yielded is for the purposes of de- seat of our government every year. A motion to reconsider was laid on bate only. The bill includes funding to hire an the table. Mr. Speaker, House Resolution 213 is additional 79 new police officers and provides a 4.6 percent cost of living ad- f a structured rule which provides for 1 hour of general debate equally divided justment and a salary increase for GENERAL LEAVE between the gentleman from North comparability pay. Mr. THOMAS. Mr. Speaker, I ask Carolina (Mr. TAYLOR), chairman of the This bill provides for the needs of the unanimous consent that all Members subcommittee, and the ranking mem- Architect of the Capitol as well, in- may have 5 legislative days within ber, the gentleman from Virginia (Mr. cluding its various operations and which to revise and extend their re- MORAN), for the consideration of H.R. maintenance activities under its juris- marks and include extraneous material 2647, the fiscal year 2002 Legislative diction for the capitol, House office on the subject of H.R. 2603. Branch Appropriations bill. buildings, and the surrounding The SPEAKER pro tempore. Is there After general debate, the rule makes grounds. objection to the request of the gen- in order only the amendments printed In addition, this bill funds the needs tleman from California? in the Committee on Rules report; an of the invaluable but often behind-the- There was no objection. amendment offered by the gentleman scenes work performed by the Congres- sional Budget Office, the Government f from New Jersey (Mr. ROTHMAN) and an amendment offered by the gentleman Printing Office, the General Account- LEGISLATIVE BRANCH from the great State of Ohio (Mr. ing Office, the Library of Congress, and APPROPRIATIONS ACT, 2002 TRAFICANT). the Congressional Research Service, in- Ms. PRYCE of Ohio. Mr. Speaker, by The rule waives points of order cluding all the employees who collec- the direction of the Committee on against consideration of the bill for tively help us and our staff make sense Rules, I call up House Resolution 213 failure to comply with clause 4(c) of of the many complex issues that we and ask for its immediate consider- rule XIII requiring a 3-day availability face each and every day. ation. of printed hearings on general appro- Mr. Speaker, this bill also includes a The Clerk read the resolution, as fol- priations bills, as well as clause 2 of number of steps to help meet the needs lows: rule XXI prohibiting unauthorized or of an ever-changing and dynamic work- H. RES. 213 legislative provisions. The rule also force, as well as help this institution keep pace as an employer. It includes a Resolved, That at any time after the adop- waives all points of order against the tion of this resolution the Speaker may, pur- amendments printed in the report. monthly transit benefit to encourage suant to clause 2(b) of rule XVIII, declare the Finally, the rule permits the minor- alternative means of transportation, House resolved into the Committee of the ity to offer a motion to recommit, with and modest infrastructure changes to Whole House on the state of the Union for or without instructions. make cycling to work more appealing.

VerDate 30-JUL-2001 03:09 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.038 pfrm02 PsN: H31PT1 H4882 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Not only will these transit benefits re- a hard-working group. They are very, A motion to reconsider was laid on duce demand on the already limited very dedicated to public service. They the table. parking and help reduce traffic conges- work long hours. I think if the Amer- The SPEAKER pro tempore (Mr. tion, but it will also make a humble re- ican public saw how the process really GUTKNECHT). Pursuant to House Reso- duction in air pollution. works and the character of the Mem- lution 213 and rule XVIII, the Chair de- The bill recognizes our need to be- bers of Congress, they would be im- clares the House in the Committee of come more environmentally friendly pressed. the Whole House on the State of the and efficient in reusing and recycling There are a number of provisions in Union for the consideration of the bill, our waste by directing a review of the the bill and the related committee re- H.R. 2647. current recycling program, identifying port that are good. The bill funds the ways to improve the program, estab- Federal mass transit benefit program b 1118 lishing criteria for measuring compli- for the legislative branch which reim- ance, and setting reasonable mile- burses staff for using public transit to IN THE COMMITTEE OF THE WHOLE stones for increasing the amount of re- commute. This is good for the environ- Accordingly, the House resolved cycled material. ment and improving congestion on the itself into the Committee of the Whole Finally, I would simply like to com- highways. House on the State of the Union for the mend the Library of Congress, our Na- The bill increases funding above the consideration of the bill (H.R. 2647) tion’s library, for the integral role it administration’s request for the Li- making appropriations for the Legisla- plays in our shared national goal of in- brary of Congress to purchase material tive Branch for the fiscal year ending creasing literacy. The Library of Con- for its collections. The Library of Con- September 30, 2002, and for other pur- gress provides an invaluable service to gress is one of America’s greatest cul- poses, with Mr. SIMPSON in the chair. the many libraries that dot our towns tural treasures, and the addition of The Clerk read the title of the bill. and cities across the country, and it is funds will make it a greater resource. The CHAIRMAN. Pursuant to the truly a national treasure. I commend the gentleman from rule, the bill is considered as having Mr. Speaker, this is a good bill. It de- North Carolina (Mr. TAYLOR) and the been read the first time. serves our support. I urge all my col- ranking member, the gentleman from Under the rule, the gentleman from leagues to support this straightforward Virginia (Mr. MORAN), for their work North Carolina (Mr. TAYLOR) and the rule as well as this noncontroversial on this bipartisan bill, and urge my gentleman from Virginia (Mr. MORAN) legislation. colleagues to vote for the rule and the each will control 30 minutes. Mr. Speaker, I reserve the balance of underlying bill. The Chair recognizes the gentleman my time. Mr. Speaker, I reserve the balance of from North Carolina (Mr. TAYLOR). Mr. HALL of Ohio. Mr. Speaker, I my time. Mr. TAYLOR of North Carolina. Mr. yield myself such time as I may con- Ms. PRYCE of Ohio. Mr. Speaker, we Chairman, I yield myself such time as sume; and I thank my colleague, the have no speakers on this issue. I would I may consume. gentlewoman from Ohio (Ms. PRYCE), like to inquire of the gentleman from Mr. Chairman, I rise today to present for yielding me this time. Ohio. the Legislative Branch Appropriations This is a restrictive rule. It will Mr. HALL of Ohio. Mr. Speaker, I Act for fiscal year 2002 to the House for allow for the consideration of H.R. 2647, yield back the balance of my time. consideration. I would like to thank which is a bill that funds Congress and Ms. PRYCE of Ohio. Mr. Speaker, I the ranking member, the gentleman its legislative branch agencies in fiscal yield myself such time as I may con- from Virginia (Mr. MORAN) and all of year 2002. As my colleague from Ohio sume. the members of the subcommittee for has described, this rule provides for 1 Mr. Speaker, this is a noncontrover- their support in crafting this legisla- hour of general debate to be equally di- sial rule. It has strong bipartisan sup- tion. vided and controlled by the chairman port. It will provide the institution Mr. Chairman, we have a non- and ranking minority member of the with the necessary resources so we can controversial, bipartisan bill. It pro- Committee on Appropriations. The rule not only fulfill our constitutional re- vides for a 4.4 percent increase over fis- allows only two amendments. No other sponsibilities as the first branch of the cal year 2001, and it is within the sub- amendments may be offered on the government, but more importantly, ad- committee’s 302(b) allocation. House floor. dress the many and varied needs of the The committee has done its job. It constituents that we all so proudly has done a good job, I believe. The bill b 1115 serve. deserves overwhelming support in the Mr. Speaker, this is the spending bill Mr. Speaker, I urge my colleagues to House. I do not intend to lengthen de- that pays for the operation of Con- support the rule and the underlying bate, but I would point out that the gress. Therefore, now is an opportunity legislation. bill is under 1995 expenditures in real to reflect on whether the taxpayers are Mr. Speaker, I yield back the balance terms, and has been crafted, I think, getting their money’s worth. I think of my time, and I move the previous with a great deal of care. I urge my col- that they are. question on the resolution. leagues to support the bill, and I in- I think the men and women who The previous question was ordered. clude for the RECORD the following ta- make up the House and the Senate are The resolution was agreed to. bles.

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VerDate 30-JUL-2001 03:09 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.036 pfrm02 PsN: H31PT1 Insert offset folio 198/3 here EH31JY01.003 H4886 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Mr. Chairman, I reserve the balance efits that are both addressed in this our job on behalf of the people of this of my time. legislation. country. Mr. MORAN of Virginia. Mr. Chair- I feel very strongly, as does the gen- Mr. Chairman, our friends from North Caro- man, I yield myself such time as I may tleman from Illinois (Mr. LAHOOD), lina and Virginia have written an excellent bill consume. that since we are going to lose some that meets the test any general appropriations Mr. Chairman, I want first of all to showers for staff, we ought to be pro- bill should meet. It will provide the resources express my appreciation for the co- viding more, not less. I hope one day that agencies need to do their jobs next year. operation of the gentleman from North we would even have a gymnasium facil- I have already voted for it twice in the com- Carolina (Mr. TAYLOR), which has en- ity available for staff people, as the mittee, and I urge all members to support it abled us to craft a good bipartisan bill Members of Congress have. We should here. which should garner the support of the also have parity between the male and This bill fully funds a number of accounts, full House. Paramount among our ob- female Members in terms of those fa- including the Government Printing Office, the jectives has been the need to ensure cilities. Congressional Budget Office, and the Con- that the legislative branch agencies Mr. Chairman, this bill sets aside suf- gressional Research Service, key agencies have the resources they need to fully ficient funds to enable all offices, be it that directly support the work of the Congress. carry out their missions. These agen- a Member’s, a committee’s, the Con- It fully funds the American Folklife Center in cies are the vital elements of our gressional Budget Office or the Govern- the Library, including the Veterans’ Oral His- democratic process. I believe they are ment Printing Office, to provide all tory Project authorized last year at the sug- properly treated by this fiscal year 2002 their employees with a $65 per month gestion of our colleague, the gentleman from appropriations bill. employee transit benefit. We should Wisconsin [Mr. KIND]. It funds the excellent The bill prioritizes our capital im- not forget the sacrifices our staff and new sound-recording preservation program provement programs. It confronts, not committee staff, employees in the also authorized last year. defers, personnel issues such as an GPO, the Capitol Police, the Congres- It provides needed funds to improve serv- aging work force and retention chal- sional Research Service, and all of the ices to the public in the Law Library. lenges, and it funds several new tech- legislative branch agencies make every To enhance security in the complex, it funds nology projects that will allow us to day to meet deadlines, advance the in- all the extra Capitol Police Officers that the perform our work more efficiently, and terests of Members, and serve the pub- department can hire and train next year, and to make this work more readily avail- lic good. We may not be able to com- restores pay parity with Park Police and Se- able to the public and to preserve it for pensate fully what they should receive, cret Service Uniformed Officers. posterity. but we can and should help where we It extends GPO’s early-out/buy-out authority The 302(b) allocation and prudent can. for 3 more years. oversight have given us the flexibility This budget enables us to at least It funds the 4.6% COLA that all Federal em- we needed to craft a good budget and provide employees with a $65 per ployees, both military and civilians, should re- honor our legislative branch agency re- month transit benefit, as the other ex- ceive next January. quests with only a 4.4 percent increase ecutive agencies are able to. It will It funds the same $65 transit benefit avail- in our overall allocation. The Library eventually go up to $100 per month. It able in the Executive Branch for every legisla- of Congress, the General Accounting encourages people to use public transit tive-branch agency. I especially want to com- Office, the Government Printing Office where able, and that helps everybody pliment our friend from Virginia for making this and the Congressional Budget Office commuting in the Washington metro- a priority. I will work in House administration to largely received what they requested. politan area. authorize the increased benefit promptly for Funds are also available to hire an ad- Mr. Chairman, this bill goes a long House employees. ditional 79 police officers, bringing the way towards addressing the needs and And the bill otherwise provides ample funds force to 1,481 full-time equivalents, and obligations of the legislative branch. I for the operation of Member offices, commit- provide a full increase in benefits. am pleased to support it. tees, and the officers of the House. We have directed the Architect of the Mr. Chairman, I reserve the balance The bill reserves for conference a final deci- Capitol’s budget to make life and safe- of my time. sion on the Congressional Budget Office’s re- ty improvements a priority and not Mr. TAYLOR of North Carolina. Mr. quest for student-loan repayment authority, in proceed with any new construction Chairman, I reserve the balance of my order to give House administration time to de- projects until design plans are com- time. velop a policy applicable to the entire legisla- pleted. Mr. MORAN of Virginia. Mr. Chair- tive branch, as just wisely proposed by our Mr. Chairman, I want to recognize man, I yield 4 minutes to the gen- friend from California (Ms. LEE). the gentleman from Maryland (Mr. tleman from Maryland (Mr. HOYER), a Mr. Chairman, I could go on for a consider- HOYER), and express my appreciation member of this appropriations sub- able time lauding this bill, but I won’t. It has for his successful effort to add report committee. been a pleasure working with Chairman TAY- language that will end the long-stand- (Mr. HOYER asked and was given LOR and Mr. MORAN this year. ing practice of using temporary work- permission to revise and extend his re- I thank them both for their leadership and ers for long-term projects to get marks.) tireless efforts. around providing them health and pen- Mr. HOYER. Mr. Chairman, this is a It has also been a pleasure to work with the sion benefits. These temporary work- good bill. We are trying to take care of capable new subcommittee clerk, Liz Dawson. ers, some 300 in all, have been em- Members, their accounts, and the Cap- I urge an ‘‘aye’’ vote on this excellent bill. ployed by the Architect on an average itol itself. We have included a provi- Mr. TAYLOR of North Carolina. Mr. of 4.5 years. sion for certain termporary workers of Chairman, I reserve the balance of my Recognition should also be given to the Architect of the Capitol to ensure time. the gentlewoman from Ohio (Ms. KAP- that they can receive the same em- Mr. MORAN of Virginia. Mr. Chair- TUR), who was able to include language ployee benefits that other employees man, I yield 31⁄2 minutes to the gen- supporting a plan to include more art- receive. tleman from Oregon (Mr. work on the Capitol grounds that more I thank the majority clerk of the BLUMENAUER), who was very active and fully represents women’s contributions subcommittee, Elizabeth Dawson, who constructive on this bill. to American society. She also quite has done an outstanding job together Mr. BLUMENAUER. Mr. Chairman, I articulately expressed her concerns with her colleagues on the staff, in- thank the gentleman for yielding me about the use by the Vice President of cluding Mark Murray for the minority, this time, and I appreciate the hard one of the House offices in the Capitol. as well as the gentleman from North work that he has been involved with I want to express my appreciation for Carolina (Mr. TAYLOR), and the gen- throughout his career on Capitol Hill the efforts by the gentleman from Or- tleman from Virginia (Mr. MORAN). to deal with notions of improving the egon (Mr. BLUMENAUER) to highlight This is not a controversial bill, as a re- quality of life here in the metropolitan the need to provide adequate changing sult of a bipartisan effort to fund at area. facilities and showers for staff, and adequate levels for the legislative Mr. Chairman, I am an enthusiastic generating support for the transit ben- branch of government so we might do supporter of provisions in this bill that

VerDate 30-JUL-2001 03:09 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.037 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4887 can have a beneficial impact on the en- b 1130 The Botanical Gardens site has often tire Washington region; and most im- I applaud the Committee on Appro- been lonely or deserted. portant, to improve the quality of life priations, particularly the gentleman Clarke Construction may have a dis- for the thousands of men and women from North Carolina (Mr. TAYLOR) and incentive to finish the project com- working here on Capitol Hill all at a the gentleman from Virginia (Mr. pared to private sector sites due to an very small cost. MORAN), for including these simple, inadequate penalty clause. Can I in- My goal in Congress is for the Fed- low-cost efforts in today’s bill. They quire of the chairman whether the sub- eral Government to be a better partner will provide benefits many times over committee addresses the issue of pen- promoting livable communities, mak- in terms of the quality of life around alty clauses in this bill. ing families safe, healthy and more the Hill for the environment, and it is Mr. TAYLOR of North Carolina. The economically secure. An important a signal to our employees that we committee is very concerned about part of a livable community is ensuring value their participation. What better construction contractor performance that people have choices about where way for the House to be part of the so- and delays in providing the required they want to live, work and how they lution of saving energy, protecting air, work to the Architect within the speci- travel. fighting against congestion than by ex- fied contract completion period. Appar- A recent study highlighted Wash- panding the transit benefit and permit- ently the Architect has not been in- ington, D.C., as the third most con- ting our employees who run, walk or cluding penalty clauses in construction gested region in the United States. bike to work to be able to do so in a contracts as do other Government Rush hour can be 6 hours or more out fashion that is hygienic and com- agencies and the private sector. Based of every day. Here on Capitol Hill, we fortable. on these concerns, we have included have problems of congestion, pollution Mr. TAYLOR of North Carolina. Mr. language in section 111 prohibiting the and parking shortages. There are over Chairman, I yield 5 minutes to the gen- Architect of the Capitol from entering 6,000 parking spaces which are reserved tleman from New York (Mr. WALSH), a into or administering any construction for our employees, which are not free. member of the committee. contract with a value greater than The total cost is estimated at about Mr. WALSH. Mr. Chairman, I thank $50,000 unless the contract includes a $1,500 per year, and with the temporary the gentleman very much for yielding provision requiring the payment of liq- closure of the Cannon Office Building time. I would like to ask him to enter uidated damages within specified garage, parking is at even more of a into a brief colloquy with me at this amounts. I believe this will rectify the premium. time. problem. Mr. WALSH. I thank the gentleman Mr. Chairman, 3 years ago, with the Mr. Chairman, I would like to inquire for addressing this issue. I appreciate help of the gentlewoman from Mary- about the status of the Botanical Gar- his continued efforts in working with land (Mrs. MORELLA), the gentleman dens renovation project. It is my un- the Architect to bring this project to a from Maryland (Mr. HOYER), the gen- derstanding that this project, which conclusion. I hope that future projects tleman from Virginia (Mr. MORAN), and started in early 1999 with an estimated will be awarded to companies with bet- then-Speaker Gingrich, we were able to completion date of September of last ter past performance records and expe- change the policy of only providing year, is still not finished. We are now rienced management teams. I thank free parking to House employees to be approaching the 11th month of delay the gentleman for his vigilance in get- able to have a modest transit benefit. and apparently it will be an additional ting this project completed. We have made some progress in being few months before we can finally open it up again to the public. Is that cor- Mr. MORAN of Virginia. Mr. Chair- able to establish it, but unfortunately, man, I yield myself such time as I may we have been passed by by the rest of rect? Mr. TAYLOR of North Carolina. Mr. consume. the Federal Government, by the pri- First of all I wanted to reiterate vate sector, even dare I say, by our col- Chairman, will the gentleman yield? Mr. WALSH. I yield to the gentleman what the gentleman from Oregon (Mr. leagues on the other side of the Capitol from North Carolina. BLUMENAUER) said with regard to the in the Senate. Mr. TAYLOR of North Carolina. Yes, transit benefit. When we offered this It is time for us to move forward not it is. benefit to executive branch employees, just for our congressional offices, but Mr. WALSH. I have followed the de- Mr. Tim Aiken on my staff has been the Library of Congress, the Govern- velopment and construction of this working on it very closely, we saw an ment Printing Office, the Congres- project with great interest since I was immediate increase of more than 70,000 sional Budget Office, to enjoy the tran- in his position when we started this riders of transit in the executive sit benefits that we are giving to the project. It is my opinion that this branch taking advantage of this. It has rest of the Federal employees. project is just another example of poor continued to increase dramatically and Today’s bill provides this important management by the construction con- steadily every month. This works. change to include the language and in- tractor, Clarke Construction. In fact, it Providing the $65 transit benefit to crease the allowable amount to $65 for appears that Clarke Construction has the legislative branch employees, we legislative branch employees. This quite a track record of not bringing in trust, will have the same effect of get- modification will provide parity for all projects on time or on budget. I am ting people out of their single-occupant of the remaining Federal employees in told that the General Services Admin- vehicles into public transit. That helps the metropolitan area. It includes istration, the agency responsible for all of us, both those people who drive other important language such as to building Government facilities, has to work as well as, of course, helping update the bike facilities here on Cap- also had problems of delays and cost the financing of our Metro system. It itol Hill. We have more and more of our overruns on projects awarded to also is going to help in achieving our employees who are taking advantage of Clarke. pollution attainment standards which that opportunity. I am not saying that Clarke Con- are a major problem right now for the We have an opportunity to secure struction should bear all the blame, Washington metro area. bike lockers for those Members and nor do I suppose is the Architect of the This is a good idea. It is eventually staff who walk to work, and to study Capitol without fault. In fact, I believe going to go up to $100. I am under- the new potential locations to replace he has too many projects on his plate. scoring it because I want all of the peo- shower facilities that are being lost But I strongly believe that Clarke Con- ple that work for the legislative branch with the upcoming closing of the struction as general contractor for the to be aware that this $65 transit benefit O’Neill Building. Currently, there are Botanical Gardens has not demanded will now be available to them. It is tax- only two shower facilities on all of the level of expertise and management free; there is no reason not to take ad- Capitol Hill for over 6,000 employees skills required to successfully execute vantage of it if you can possibly use able to shower at work. Some of us complex projects such as this one. public transit. And so we very much have been providing instructions about There are quite a number of Clarke encourage people in the Legislative how to find them so they are not treat- Construction sites around the D.C. Branch to take advantage of this ben- ed as a secret. area. I note these sites are quite active. efit.

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.041 pfrm02 PsN: H31PT1 H4888 CONGRESSIONAL RECORD — HOUSE July 31, 2001 In addition, some people are actually Pursuant to the rule, the bill is con- resentation and reception expenses, going to ride bicycles or some even sidered read for amendment under the $4,139,000; for salaries and expenses of the Of- run. I ran to work a couple of times in 5-minute rule. fice of the Chief Administrative Officer, my younger days. I do not know how The text of H.R. 2647 is as follows: $67,495,000, of which $3,525,000 shall remain available until expended, including many people are going to do that; but H.R. 2647 $31,510,000 for salaries, expenses and tem- however many, we ought to have show- Be it enacted by the Senate and House of Rep- porary personal services of House Informa- er facilities, including for staff that resentatives of the United States of America in tion Resources, of which $31,390,000 is pro- work so many long hours. Many staff Congress assembled, That the following sums vided herein: Provided, That of the amount are working 12- and 16-hour days. They are appropriated, out of any money in the provided for House Information Resources, should certainly have an hour to take Treasury not otherwise appropriated, for the $8,656,000 shall be for net expenses of tele- a jog if they want, down to the Mall or Legislative Branch for the fiscal year ending communications: Provided further, That September 30, 2002, and for other purposes, whatever. We need to be building more House Information Resources is authorized namely: to receive reimbursement from Members of shower facilities for both men and TITLE I—CONGRESSIONAL OPERATIONS the House of Representatives and other gov- women and I think eventually some HOUSE OF REPRESENTATIVES ernmental entities for services provided and workout facility on the Capitol such reimbursement shall be deposited in the SALARIES AND EXPENSES grounds. We have language that will Treasury for credit to this account; for sala- move us forward in that direction. For salaries and expenses of the House of ries and expenses of the Office of the Inspec- The gentlewoman from California Representatives, $882,100,000, as follows: tor General, $3,756,000; for salaries and ex- (Ms. LEE) had an amendment that was HOUSE LEADERSHIP OFFICES penses of the Office of General Counsel, not made in order, but I want to say for For salaries and expenses, as authorized by $894,000; for the Office of the Chaplain, $144,000; for salaries and expenses of the Of- the record that I support the concept of law, $15,910,000, including: Office of the Speaker, $1,866,000, including $25,000 for offi- fice of the Parliamentarian, including the eligibility for student loan repayment cial expenses of the Speaker; Office of the Parliamentarian and $2,000 for preparing the benefits for employees of the House and Majority Floor Leader, $1,830,000, including Digest of Rules, $1,344,000; for salaries and its supporting agencies. $10,000 for official expenses of the Majority expenses of the Office of the Law Revision As she pointed out, executive branch Leader; Office of the Minority Floor Leader, Counsel of the House, $2,107,000; for salaries employees as well as employees of the $2,224,000, including $10,000 for official ex- and expenses of the Office of the Legislative GPO and the Library of Congress are penses of the Minority Leader; Office of the Counsel of the House, $5,456,000; for salaries already eligible for student loan for- Majority Whip, including the Chief Deputy and expenses of the Corrections Calendar Of- giveness. Current law authorizes pay- Majority Whip, $1,562,000, including $5,000 for fice, $883,000; and for other authorized employees, $140,000. ments of up to $6,000 per year up to a official expenses of the Majority Whip; Office of the Minority Whip, including the Chief ALLOWANCES AND EXPENSES total of $40,000 per person for their col- Deputy Minority Whip, $1,168,000, including lege education. We did not approve the For allowances and expenses as authorized $5,000 for official expenses of the Minority by House resolution or law, $157,436,000, in- request of the CBO, however, to extend Whip; Speaker’s Office for Legislative Floor cluding: supplies, materials, administrative this benefit to their employees because Activities, $431,000; Republican Steering costs and Federal tort claims, $3,379,000; offi- we felt that a uniform policy should be Committee, $806,000; Republican Conference, cial mail for committees, leadership offices, developed across the board. The bill, $1,342,000; Democratic Steering and Policy and administrative offices of the House, therefore, calls for study of the issue Committee, $1,435,000; Democratic Caucus, $410,000; Government contributions for by the Committee on House Adminis- $713,000; nine minority employees, $1,293,000; health, retirement, Social Security, and training and program development—major- tration. other applicable employee benefits, ity, $290,000; training and program develop- $152,957,000; and miscellaneous items includ- The Senate bill, which was reported ment—minority, $290,000; and Cloakroom subsequent to our subcommittee mark- ing purchase, exchange, maintenance, repair Personnel—majority, $330,000; and minority and operation of House motor vehicles, inter- up, authorizes the extension of this $330,000. parliamentary receptions, and gratuities to benefit to all Senate employees. In MEMBERS’ REPRESENTATIONAL ALLOWANCES heirs of deceased employees of the House, light of that action and in anticipation INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL $690,000. of the other body’s desire to include EXPENSES OF MEMBERS, AND OFFICIAL MAIL CHILD CARE CENTER this benefit for Senate employees in For Members’ representational allowances, For salaries and expenses of the House of this year’s bill, it is essential that the including Members’ clerk hire, official ex- Representatives Child Care Center, such Committee on House Administration penses, and official mail, $479,472,000. amounts as are deposited in the account es- develop guidelines rapidly. This would COMMITTEE EMPLOYEES tablished by section 312(d)(1) of the Legisla- give the conferees on the Legislative STANDING COMMITTEES, SPECIAL AND SELECT tive Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)), subject to the level speci- bill some real options for moving for- For salaries and expenses of standing com- fied in the budget of the Center, as sub- ward with a well-thought-out student mittees, special and select, authorized by mitted to the Committee on Appropriations House resolutions, $104,514,000: Provided, That loan forgiveness eligibility program. of the House of Representatives. We need more tools to recruit and re- such amount shall remain available for such ADMINISTRATIVE PROVISIONS tain valuable staff. This program is a salaries and expenses until December 31, modest way to help individuals who 2002. SEC. 101. (a) Effective October 1, 2001, the COMMITTEE ON APPROPRIATIONS following four majority positions shall be have decided on public service as a ca- transferred from the Clerk to the Speaker: For salaries and expenses of the Com- reer to get higher education and for us (1) The position of chief of floor service. mittee on Appropriations, $23,002,000, includ- to help them make it affordable. I hope (2) Two positions of assistant floor chief. ing studies and examinations of executive we can be responsive to this need but (3) One position of cloakroom attendant. agencies and temporary personal services for (b) Effective October 1, 2001, the following do it in the context of a uniform policy such committee, to be expended in accord- four minority positions shall be transferred for all House employees. I congratulate ance with section 202(b) of the Legislative from the Clerk to the minority leader: the gentlewoman from California (Ms. Reorganization Act of 1946 and to be avail- (1) The position of chief of floor service. LEE) for having introduced her amend- able for reimbursement to agencies for serv- (2) Two positions of assistant floor chief. ices performed: Provided, That such amount ment. (3) One position of cloakroom attendant. We do have two, what I would con- shall remain available for such salaries and (c) Each individual who is an incumbent of sider, minor amendments, no offense to expenses until December 31, 2002. a position transferred by subsection (a) or the people making them; but they SALARIES, OFFICERS AND EMPLOYEES subsection (b) at the time of the transfer should not be too controversial, and For compensation and expenses of officers shall remain subject to the House Employees then we should be able to pass this bill. and employees, as authorized by law, Position Classification Act (2 U.S.C. 290 et Mr. Chairman, I yield back the bal- $101,766,000, including: for salaries and ex- seq.), except that the authority of the Clerk ance of my time. penses of the Office of the Clerk, including and the committee under the Act shall be ex- Mr. TAYLOR of North Carolina. Mr. not more than $11,000, of which not more ercised— than $10,000 is for the Family Room, for offi- (1) by the Speaker, in the case of an indi- Chairman, I have no further requests cial representation and reception expenses, vidual in a position transferred under sub- for time, and I yield back the balance $15,408,000; for salaries and expenses of the section (a); and of my time. Office of the Sergeant at Arms, including the (2) by the minority leader, in the case of an The CHAIRMAN. All time for general position of Superintendent of Garages, and individual in a position transferred under debate has expired. including not more than $750 for official rep- subsection (b).

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SEC. 102. (a) The third sentence of section For other joint items, as follows: (1) the Committee on Appropriations of the 104(a)(1) of the Legislative Branch Appro- OFFICE OF THE ATTENDING PHYSICIAN House of Representatives, in the case of priations Act, 1987 (as incorporated by ref- For medical supplies, equipment, and con- amounts transferred from the appropriation erence in section 101(j) of Public Law 99–500 tingent expenses of the emergency rooms, provided to the Sergeant at Arms of the and Public Law 99–591) (2 U.S.C. 117e(1)) is and for the Attending Physician and his as- House of Representatives under the heading amended by striking ‘‘for credit to the ap- sistants, including: (1) an allowance of $1,500 ‘‘SALARIES’’; propriate account’’ and all that follows and per month to the Attending Physician; (2) an (2) the Committee on Appropriations of the inserting the following: ‘‘for credit to the ap- allowance of $500 per month each to three Senate, in the case of amounts transferred propriate account of the House of Represent- medical officers while on duty in the Office from the appropriation provided to the Ser- atives, and shall be available for expenditure of the Attending Physician; (3) an allowance geant at Arms and Doorkeeper of the Senate in accordance with applicable law. For pur- of $500 per month to two assistants and $400 under the heading ‘‘SALARIES’’; and poses of the previous sentence, in the case of per month each not to exceed 11 assistants (3) the Committees on Appropriations of receipts from the sale or disposal of any on the basis heretofore provided for such as- the Senate and the House of Representatives, audio or video transcripts prepared by the sistants; and (4) $1,253,904 for reimbursement in the case of other transfers. House Recording Studio, the ‘appropriate ac- to the Department of the Navy for expenses CAPITOL GUIDE SERVICE AND SPECIAL count of the House of Representatives’ shall incurred for staff and equipment assigned to SERVICES OFFICE be the account of the Chief Administrative the Office of the Attending Physician, which For salaries and expenses of the Capitol Officer of the House of Representatives.’’. shall be advanced and credited to the appli- Guide Service and Special Services Office, (b) The amendment made by subsection (a) cable appropriation or appropriations from $2,512,000, to be disbursed by the Secretary of shall apply with respect to fiscal year 2002 which such salaries, allowances, and other the Senate: Provided, That no part of such and each succeeding fiscal year. expenses are payable and shall be available amount may be used to employ more than 43 SEC. 103. (a) REQUIRING AMOUNTS REMAIN- for all the purposes thereof, $1,865,000, to be individuals: Provided further, That the Cap- ING IN MEMBERS’ REPRESENTATIONAL ALLOW- disbursed by the Chief Administrative Offi- itol Guide Board is authorized, during emer- ANCES TO BE USED FOR DEFICIT REDUCTION OR cer of the House of Representatives. gencies, to employ not more than two addi- TO REDUCE THE FEDERAL DEBT.—Notwith- CAPITOL POLICE BOARD standing any other provision of law, any tional individuals for not more than 120 days CAPITOL POLICE amounts appropriated under this Act for each, and not more than 10 additional individuals for not more than 6 months each, for ‘‘HOUSE OF REPRESENTATIVES—SALA- SALARIES the Capitol Guide Service. RIES AND EXPENSES—MEMBERS’ REPRESENTA- For the Capitol Police Board for salaries of TIONAL ALLOWANCES’’ shall be available only officers, members, and employees of the Cap- STATEMENTS OF APPROPRIATIONS for fiscal year 2002. Any amount remaining itol Police, including overtime, hazardous For the preparation, under the direction of after all payments are made under such al- duty pay differential, clothing allowance of the Committees on Appropriations of the lowances for fiscal year 2002 shall be depos- not more than $600 each for members re- Senate and the House of Representatives, of ited in the Treasury and used for deficit required to wear civilian attire, and Govern- the statements for the first session of the duction (or, if there is no Federal budget def- ment contributions for health, retirement, One Hundred Seventh Congress, showing ap- icit after all such payments have been made, Social Security, and other applicable em- propriations made, indefinite appropriations, for reducing the Federal debt, in such man- ployee benefits, $112,592,000, of which and contracts authorized, together with a ner as the Secretary of the Treasury con- $55,013,000 is provided to the Sergeant at chronological history of the regular appro- siders appropriate). Arms of the House of Representatives, to be priations bills as required by law, $30,000, to (b) REGULATIONS.—The Committee on disbursed by the Chief of the Capitol Police be paid to the persons designated by the House Administration of the House of Rep- or the Chief’s delegee, and $57,579,000 is pro- chairmen of such committees to supervise resentatives shall have authority to pre- vided to the Sergeant at Arms and Door- the work. scribe regulations to carry out this section. keeper of the Senate, to be disbursed by the OFFICE OF COMPLIANCE (c) DEFINITION.—As used in this section, Secretary of the Senate: Provided, That, of SALARIES AND EXPENSES the term ‘‘Member of the House of Rep- the amounts appropriated under this head- resentatives’’ means a Representative in, or ing, such amounts as may be necessary may For salaries and expenses of the Office of a Delegate or Resident Commissioner to, the be transferred between the Sergeant at Arms Compliance, as authorized by section 305 of Congress. of the House of Representatives and the Ser- the Congressional Accountability Act of 1995 SEC. 104. (a) DAY FOR PAYING SALARIES OF geant at Arms and Doorkeeper of the Senate, (2 U.S.C. 1385), $2,059,000, of which $254,000 THE HOUSE OF REPRESENTATIVES.—The usual upon approval of the Committee on Appro- shall remain available until September 30, day for paying salaries in or under the House priations of the House of Representatives 2003. of Representatives shall be the last day of and the Committee on Appropriations of the CONGRESSIONAL BUDGET OFFICE each month, except that if the last day of a Senate. SALARIES AND EXPENSES month falls on a Saturday, Sunday, or a GENERAL EXPENSES For salaries and expenses necessary to legal public holiday, the Chief Administra- For the Capitol Police Board for necessary carry out the provisions of the Congressional tive Officer of the House of Representatives expenses of the Capitol Police, including Budget Act of 1974 (Public Law 93–344), in- shall pay such salaries on the first weekday motor vehicles, communications and other cluding not more than $3,000 to be expended which precedes the last day. equipment, security equipment and installa- on the certification of the Director of the (b) CONFORMING AMENDMENT.—(1) The first tion, uniforms, weapons, supplies, materials, Congressional Budget Office in connection section and section 2 of the Joint Resolution training, medical services, forensic services, with official representation and reception entitled ‘‘Joint resolution authorizing the stenographic services, personal and profes- expenses, $30,780,000: Provided, That no part payment of salaries of the officers and em- sional services, the employee assistance proof such amount may be used for the purchase ployees of Congress for December on the 20th gram, not more than $2,000 for the awards or hire of a passenger motor vehicle. day of that month each year’’, approved May program, postage, telephone service, travel 21, 1937 (2 U.S.C. 60d and 60e), are each re- ADMINISTRATIVE PROVISIONS advances, relocation of instructor and liai- pealed. SEC. 106. (a) The Director of the Congres- son personnel for the Federal Law Enforce- (2) The last paragraph under the heading sional Budget Office may, by regulation, ment Training Center, and $85 per month for ‘‘Contingent Expense of the House’’ in the make applicable such provisions of chapter extra services performed for the Capitol Po- First Deficiency Appropriation Act, 1946 (2 41 of title 5, United States Code, as the Di- lice Board by an employee of the Sergeant at U.S.C. 60e–1), is repealed. rector determines necessary to provide here- Arms and Doorkeeper of the Senate or the (c) EFFECTIVE DATE.—This section and the after for training of individuals employed by Sergeant at Arms of the House of Represent- amendments made by this section shall the Congressional Budget Office. apply with respect to pay periods beginning atives designated by the Chairman of the (b) The implementing regulations shall after the expiration of the 1-year period Board, $11,081,000, to be disbursed by the provide for training that, in the determina- which begins on the date of the enactment of Chief of the Capitol Police or the Chief’s tion of the Director, is consistent with the this Act. delegee: Provided, That, notwithstanding any training provided by agencies subject to other provision of law, the cost of basic JOINT ITEMS chapter 41 of title 5, United States Code. training for the Capitol Police at the Federal For Joint Committees, as follows: (c) Any recovery of debt owed to the Con- Law Enforcement Training Center for fiscal gressional Budget Office under this section JOINT ECONOMIC COMMITTEE year 2002 shall be paid by the Secretary of and its implementing regulations shall be For salaries and expenses of the Joint Eco- the Treasury from funds available to the De- credited to the appropriations account avail- nomic Committee, $3,424,000, to be disbursed partment of the Treasury. able for salaries and expenses of the Office at by the Secretary of the Senate. ADMINISTRATIVE PROVISIONS the time of recovery. JOINT COMMITTEE ON TAXATION SEC. 105. Amounts appropriated for fiscal SEC. 107. Section 105(a) of the Legislative For salaries and expenses of the Joint year 2002 for the Capitol Police may be Branch Appropriations Act, 1997 (2 U.S.C. Committee on Taxation, $6,733,000, to be dis- transferred between the headings ‘‘SALA- §606(a)), is amended by striking ‘‘or disbursed by the Chief Administrative Officer of RIES’’ and ‘‘GENERAL EXPENSES’’ upon the ap- carding.’’ and inserting ‘‘sale, trade-in, or the House. proval of— discarding.’’, and by adding at the end the

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following: ‘‘Amounts received for the sale or $45,324,000, of which $100,000 shall remain (1) IN GENERAL.—The Architect of the Cap- trade-in of personal property shall be cred- available until expended: Provided, That not itol shall be responsible for the costs of the ited to funds available for the operations of more than $4,400,000 of the funds credited or necessary expenses incidental to the use of the Congressional Budget Office and be to be reimbursed to this appropriation as the property and facilities described in sub- available for the costs of acquiring the same herein provided shall be available for obliga- section (a) (including payments under the or similar property. Such funds shall be tion during fiscal year 2002. lease), including expenses for maintenance, available for such purposes during the fiscal ADMINISTRATIVE PROVISIONS alterations, and repair of the property and year in which received and the following fis- facilities, except that the Chief of the United SEC. 108. (a) ESTABLISHMENT OF ACCOUNT cal year.’’. States Capitol Police shall be responsible for FOR MINOR CONSTRUCTION.—There is hereby ARCHITECT OF THE CAPITOL established in the Treasury of the United the costs of any equipment, furniture, and furnishings used in connection with the care CAPITOL BUILDINGS AND GROUNDS States an account for the Architect of the and maintenance of vehicles pursuant to sub- GENERAL AND ADMINISTRATION Capitol to be known as ‘‘minor construction’’ (hereafter in this section referred to as section (b)(1). SALARIES AND EXPENSES the ‘‘account’’). (2) SOURCE OF FUNDS.— (A) IN GENERAL.—The funds expended by For salaries for the Architect of the Cap- (b) USES OF FUNDS IN ACCOUNT.—Subject to itol, the Assistant Architect of the Capitol, subsection (c), funds in the account shall be the Architect to carry out paragraph (1) in and other personal services, at rates of pay used by the Architect of the Capitol for land any fiscal year shall be derived solely from provided by law; for surveys and studies in and building acquisition, construction, re- funds appropriated to the Architect for the connection with activities under the care of pair, and alteration projects resulting from fiscal year for purposes of the United States the Architect of the Capitol; for all nec- unforeseen and unplanned conditions in con- Capitol Police. essary expenses for the general and adminis- nection with construction and maintenance (B) USE OF CERTAIN 1999 FUNDS.—The funds trative support of the operations under the activities under the jurisdiction of the Ar- expended by the Architect to carry out para- Architect of the Capitol including the Bo- chitect (including the United States Botanic graph (1) may also be derived from funds ap- tanic Garden; electrical substations of the Garden). propriated to the Architect in the Legisla- Capitol, Senate and House office buildings, (c) PRIOR NOTIFICATION REQUIRED FOR OBLI- tive Branch Appropriations Act, 1999, under and other facilities under the jurisdiction of GATION.—The Architect of the Capitol may the heading ‘‘ARCHITECT OF THE CAP- the Architect of the Capitol; including fur- not obligate any funds in the account with ITOL—CAPITOL BUILDINGS AND GROUNDS— nishings and office equipment; including not respect to a project unless, not fewer than 21 CAPITOL BUILDINGS—SALARIES AND EXPENSES’’ more than $1,000 for official reception and days prior to the obligation, the Architect for the design of police security projects, representation expenses, to be expended as provides notice of the obligation to— which shall remain available until expended. (d) EFFECTIVE DATE.—This section shall the Architect of the Capitol may approve; for (1) the Committee on Appropriations of the take effect on the date of enactment of this purchase or exchange, maintenance, and op- House of Representatives, in the case of a Act. eration of a passenger motor vehicle; and not project on behalf of the House of Representa- SEC. 110. (a) COMPENSATION OF CERTAIN PO- to exceed $30,000 for attendance, when spe- tives; SITIONS IN THE OFFICE OF THE ARCHITECT OF cifically authorized by the Architect of the (2) the Committee on Appropriations of the Capitol, at meetings or conventions in con- THE CAPITOL.—In accordance with the au- Senate, in the case of a project on behalf of thority described in section 308(a) of the Leg- nection with subjects related to work under the Senate; or the Architect of the Capitol, $46,705,000, of islative Branch Appropriations Act, 1988 (40 (3) both the Committee on Appropriations U.S.C. 166b–3a(a)), section 108 of the Legisla- which $3,414,000 shall remain available until of the House of Representatives and the expended. tive Branch Appropriations Act, 1991 (40 Committee on Appropriations of the Senate, U.S.C. 166b–3b) is amended— MINOR CONSTRUCTION in the case of any other project. (1) by striking subsections (a) and (b) and For minor construction (as established (d) EFFECTIVE DATE.—This section shall inserting the following: under section 108 of this Act), $9,482,000, to apply with respect to fiscal year 2002 and ‘‘(a) The Architect of the Capitol may fix remain available until expended, to be used each succeeding fiscal year. the rate of basic pay for not more than 11 po- in accordance with the terms and conditions SEC. 109. (a) ACQUISITION OF PROPERTY BY sitions (of whom 1 shall be the project man- described in such section. ARCHITECT OF THE CAPITOL.—Notwith- ager for the Capitol Visitor Center and 1 standing any other provision of law, the Ar- CAPITOL BUILDINGS shall be the project manager for the modi- chitect of the Capitol is authorized to secure, fication of the Capitol Power Plant) at a rate For all necessary expenses for the mainte- subject to the availability of appropriated nance, care and operation of the Capitol not to exceed the highest total rate of pay funds (through such agreement as the Archi- for the Senior Executive Service under sub- $17,674,000, of which $6,267,000 shall remain tect considers appropriate), the property and available until expended. chapter VIII of chapter 53 of title 5, United facilities located at 67 K Street Southwest in States Code, for the locality involved.’’; and CAPITOL GROUNDS the District of Columbia (square 645, lot 814). (2) by redesignating subsection (c) as sub- For all necessary expenses for care and im- (b) USES AND CONTROL OF PROPERTY.— section (b). provement of grounds surrounding the Cap- (1) IN GENERAL.—The property and facili- (b) COMPREHENSIVE MANAGEMENT STUDY itol, the Senate and House office buildings, ties secured by the Architect under sub- AND RESPONSE.— and the Capitol Power Plant, $6,904,000, of section (a) shall be under the control of the (1) STUDY BY COMPTROLLER GENERAL.—The which $100,000 shall remain available until Chief of the United States Capitol Police and Comptroller General shall conduct a com- expended. shall be used by the Chief for the care and prehensive management study of the oper- HOUSE OFFICE BUILDINGS maintenance of vehicles of the United States ations of the Architect of the Capitol, and Capitol Police, in accordance with a plan For all necessary expenses for the mainte- shall submit the study to the Architect of prepared by the Chief and approved by the nance, care and operation of the House office the Capitol and the Committees on Appro- Committees on Appropriations of the House buildings, $49,006,000, of which $18,344,000 priations of the House of Representatives of Representatives and Senate. shall remain available until expended. and Senate. (2) ADDITIONAL USES PERMITTED.—In addi- (2) PLAN BY ARCHITECT IN RESPONSE.—The CAPITOL POWER PLANT tion to the use described in paragraph (1), Architect of the Capitol shall develop and For all necessary expenses for the mainte- the Chief of the United States Capitol Police submit to the Committees referred to in nance, care and operation of the Capitol may permit the property and facilities se- paragraph (1) a management improvement Power Plant; lighting, heating, power (in- cured by the Architect under subsection (a) plan which addresses the study of the Comp- cluding the purchase of electrical energy) to be used for other purposes by the United troller General under paragraph (1) and and water and sewer services for the Capitol, States Capitol Police, the House of Rep- which indicates how the salary adjustments Senate and House office buildings, Library of resentatives, the Senate, and the Architect made by the amendments made by this sec- Congress buildings, and the grounds about of the Capitol, subject to— tion will support such plan. the same, Botanic Garden, Senate garage, (A) the approval of the Committee on Ap- (c) EFFECTIVE DATE.—This section (other and air conditioning refrigeration not sup- propriations of the House of Representatives, than subsection (b)) and the amendments plied from plants in any of such buildings; in the case of use by the House of Represent- made by this section shall apply with respect heating the Government Printing Office and atives; to pay periods beginning on or after the date Washington City Post Office, and heating (B) the approval of the Committee on Ap- on which the Committees on Appropriations and chilled water for air conditioning for the propriations of the Senate, in the case of use of the House of Representatives and Senate Supreme Court Building, the Union Station by the Senate; or approve the plan submitted by the Architect complex, the Thurgood Marshall Federal Ju- (C) the approval of both the Committee on of the Capitol under subsection (b)(2). diciary Building and the Folger Shakespeare Appropriations of the House of Representa- SEC. 111. (a) LIQUIDATED DAMAGES.—The Library, expenses for which shall be ad- tives and the Committee on Appropriations Architect of the Capitol may not enter into vanced or reimbursed upon request of the Ar- of the Senate, in the case of use by the or administer any construction contract chitect of the Capitol and amounts so re- United States Capitol Police or the Archi- with a value greater than $50,000 unless the ceived shall be deposited into the Treasury tect of the Capitol. contract includes a provision requiring the to the credit of this appropriation, (c) EXPENSES.— payment of liquidated damages in the

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.005 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4891 amount determined under subsection (b) in ginning on or after the date of the enact- priated under this heading is available for of- the event that completion of the project is ment of this Act. ficial reception and representation expenses delayed because of the contractor. LIBRARY OF CONGRESS in connection with the opening of the ren- (b) AMOUNT OF PAYMENT.—The amount of ovated Botanic Garden Conservatory, upon CONGRESSIONAL RESEARCH SERVICE payment required under a liquidated dam- approval by the Speaker of the House of Rep- ages provision described in subsection (a) SALARIES AND EXPENSES resentatives and the President Pro Tempore shall be equal to the product of— For necessary expenses to carry out the of the Senate. provisions of section 203 of the Legislative (1) the daily liquidated damage payment LIBRARY OF CONGRESS rate; and Reorganization Act of 1946 (2 U.S.C. 166) and SALARIES AND EXPENSES (2) the number of days by which the com- to revise and extend the Annotated Constitu- pletion of the project is delayed. tion of the United States of America, For necessary expenses of the Library of (c) DAILY LIQUIDATED DAMAGE PAYMENT $81,454,000: Provided, That no part of such Congress not otherwise provided for, includ- RATE.— amount may be used to pay any salary or ex- ing development and maintenance of the (1) IN GENERAL.—In subsection (b), the pense in connection with any publication, or Union Catalogs; custody and custodial care ‘‘daily liquidated damage payment rate’’ preparation of material therefor (except the of the Library buildings; special clothing; means— Digest of Public General Bills), to be issued cleaning, laundering and repair of uniforms; (A) $140, in the case of a contract with a by the Library of Congress unless such publi- preservation of motion pictures in the cus- value greater than $50,000 and less than cation has obtained prior approval of either tody of the Library; operation and mainte- $100,000; the Committee on House Administration of nance of the American Folklife Center in the (B) $200, in the case of a contract with a the House of Representatives or the Com- Library; preparation and distribution of value equal to or greater than $100,000 and mittee on Rules and Administration of the catalog records and other publications of the equal to or less than $500,000; and Senate. Library; hire or purchase of one passenger (C) the sum of $200 plus $50 for each $100,000 GOVERNMENT PRINTING OFFICE motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly increment by which the value of the contract CONGRESSIONAL PRINTING AND BINDING exceeds $500,000, in the case of a contract chargeable to the income of any trust fund (INCLUDING TRANSFER OF FUNDS) with a value greater than $500,000. held by the Board, $304,692,000, of which not (2) ADJUSTMENT IN RATE PERMITTED.—Not- For authorized printing and binding for the more than $6,500,000 shall be derived from withstanding paragraph (1), the daily liq- Congress and the distribution of Congres- collections credited to this appropriation uidated damage payment rate may be ad- sional information in any format; printing during fiscal year 2002, and shall remain justed by the contracting officer involved to and binding for the Architect of the Capitol; available until expended, under the Act of a rate greater or lesser than the rate de- expenses necessary for preparing the semi- June 28, 1902 (chapter 1301; 32 Stat. 480; 2 scribed in such paragraph if the contracting monthly and session index to the Congres- U.S.C. 150) and not more than $350,000 shall officer makes a written determination that sional Record, as authorized by law (44 be derived from collections during fiscal year the rate described does not accurately re- U.S.C. 902); printing and binding of Govern- 2002 and shall remain available until ex- flect the anticipated damages which will be ment publications authorized by law to be pended for the development and maintenance suffered by the United States as a result of distributed to Members of Congress; and of an international legal information data- the delay in the completion of the contract. printing, binding, and distribution of Gov- base and activities related thereto: Provided, (d) EFFECTIVE DATE.—This section shall ernment publications authorized by law to That the Library of Congress may not obli- apply with respect to contracts entered into be distributed without charge to the recipi- gate or expend any funds derived from col- during fiscal year 2002 or any succeeding fis- ent, $81,000,000: Provided, That this appro- lections under the Act of June 28, 1902, in ex- cal year. priation shall not be available for paper cop- cess of the amount authorized for obligation SEC. 112. (a) Notwithstanding any other ies of the permanent edition of the Congres- or expenditure in appropriations Acts: Pro- provision of law, the Architect of the Capitol sional Record for individual Representatives, vided further, That the total amount avail- may not reprogram any funds with respect Resident Commissioners or Delegates au- able for obligation shall be reduced by the to any project or object class without the ap- thorized under 44 U.S.C. 906: Provided further, amount by which collections are less than proval of— That this appropriation shall be available for the $6,850,000: Provided further, That of the (1) the Committee on Appropriations of the the payment of obligations incurred under total amount appropriated, $15,824,474 is to House of Representatives, in the case of a the appropriations for similar purposes for remain available until expended for acquisi- project or object class within the House of preceding fiscal years: Provided further, That tion of books, periodicals, newspapers, and Representatives; notwithstanding the 2-year limitation under all other materials including subscriptions (2) the Committee on Appropriations of the section 718 of title 44, United States Code, for bibliographic services for the Library, in- Senate, in the case of a project or object none of the funds appropriated or made cluding $40,000 to be available solely for the class within the Senate; or available under this Act or any other Act for purchase, when specifically approved by the (3) both the Committee on Appropriations printing and binding and related services Librarian, of special and unique materials of the House of Representatives and the provided to Congress under chapter 7 of title for additions to the collections: Provided fur- Committee on Appropriations of the Senate, 44, United States Code, may be expended to ther, That of the total amount appropriated, in the case of any other project or object print a document, report, or publication $1,517,903 is to remain available until ex- class. after the 27-month period beginning on the pended for the acquisition and partial sup- (b) This section shall apply with respect to date that such document, report, or publica- port for implementation of an Integrated Li- funds provided to the Architect of the Cap- tion is authorized by Congress to be printed, brary System (ILS): Provided further, That of itol before, on, or after the date of the enact- unless Congress reauthorizes such printing the total amount appropriated, $5,600,000 is ment of this Act. in accordance with section 718 of title 44, to remain available until expended for the SEC. 113. (a) LIMITATION.—(1) Except as pro- United States Code: Provided further, That purpose of teaching educators how to incor- vided in paragraph (2), none of the funds pro- any unobligated or unexpended balances in porate the Library’s digital collections into vided by this Act or any other Act may be this account or accounts for similar purposes school curricula and shall be transferred to used by the Architect of the Capitol during for preceding fiscal years may be transferred the educational consortium formed to con- fiscal year 2002 or any succeeding fiscal year to the Government Printing Office revolving duct the ‘‘Joining Hands Across America: to employ any individual as a temporary em- fund for carrying out the purposes of this Local Community Initiative’’ project as ap- ployee within a category of temporary em- heading, subject to the approval of the Com- proved by the Library. ployment which does not provide employees mittees on Appropriations of the House of COPYRIGHT OFFICE with the same eligibility for life insurance, Representatives and Senate. health insurance, retirement, and other ben- This title may be cited as the ‘‘Congres- SALARIES AND EXPENSES efits which is provided to temporary employ- sional Operations Appropriations Act, 2002’’. For necessary expenses of the Copyright ees who are hired for a period exceeding one TITLE II—OTHER AGENCIES Office, $40,896,000, of which not more than $21,880,000, to remain available until ex- year in length. BOTANIC GARDEN (2) Paragraph (1) shall not apply with re- pended, shall be derived from collections spect to any individual who is a temporary SALARIES AND EXPENSES credited to this appropriation during fiscal employee of the Senate Restaurant or a tem- For all necessary expenses for the mainte- year 2002 under 17 U.S.C. 708(d): Provided, porary employee who is hired for a total of nance, care and operation of the Botanic That the Copyright Office may not obligate 120 days or less during any 5-year period. Garden and the nurseries, buildings, grounds, or expend any funds derived from collections (b) ALLOTMENT AND ASSIGNMENT OF PAY.— and collections; and purchase and exchange, under 17 U.S.C. 708(d), in excess of the (1) Section 5525 of title 5, United States Code, maintenance, repair, and operation of a pas- amount authorized for obligation or expendi- is amended by adding at the end the fol- senger motor vehicle; all under the direction ture in appropriations Acts: Provided further, lowing new sentence: ‘‘For purposes of this of the Joint Committee on the Library, That not more than $5,984,000 shall be de- section, the term ‘agency’ includes the Office $5,946,000: Provided, That this appropriation rived from collections during fiscal year 2002 of the Architect of the Capitol.’’. shall not be available for any activities of under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and (2) The amendment made by paragraph (1) the National Garden: Provided further, That 1005: Provided further, That the total amount shall apply with respect to pay periods be- not more than $25,000 of the amount appro- available for obligation shall be reduced by

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.005 pfrm02 PsN: H31PT1 H4892 CONGRESSIONAL RECORD — HOUSE July 31, 2001 the amount by which collections are less nection with official representation and re- rent fiscal year for the Government Printing than $27,864,000: Provided further, That not ception expenses for the Overseas Field Of- Office revolving fund: Provided, That not more than $100,000 of the amount appro- fices. more than $2,500 may be expended on the cer- priated is available for the maintenance of SEC. 206. (a) For fiscal year 2002, the tification of the Public Printer in connection an ‘‘International Copyright Institute’’ in obligational authority of the Library of Con- with official representation and reception the Copyright Office of the Library of Con- gress for the activities described in sub- expenses: Provided further, That the revolv- gress for the purpose of training nationals of section (b) may not exceed $114,473,000. ing fund shall be available for the hire or developing countries in intellectual property (b) The activities referred to in subsection purchase of not more than 12 passenger laws and policies: Provided further, That not (a) are reimbursable and revolving fund ac- motor vehicles: Provided further, That ex- more than $4,250 may be expended, on the tivities that are funded from sources other penditures in connection with travel ex- certification of the Librarian of Congress, in than appropriations to the Library in appro- penses of the advisory councils to the Public connection with official representation and priations Acts for the legislative branch. Printer shall be deemed necessary to carry reception expenses for activities of the Inter- (c) For fiscal year 2002, the Librarian of out the provisions of title 44, United States national Copyright Institute and for copy- Congress may temporarily transfer funds ap- Code: Provided further, That the revolving right delegations, visitors, and seminars. propriated in this Act under the heading fund shall be available for temporary or intermittent services under section 3109(b) of BOOKS FOR THE BLIND AND PHYSICALLY ‘‘LIBRARY OF CONGRESS—SALARIES AND title 5, United States Code, but at rates for HANDICAPPED EXPENSES’’ to the revolving fund for the FEDLINK Program and the Federal Re- individuals not more than the daily equiva- SALARIES AND EXPENSES search Program established under section 103 lent of the annual rate of basic pay for level For salaries and expenses to carry out the of the Library of Congress Fiscal Operations V of the Executive Schedule under section Act of March 3, 1931 (chapter 400; 46 Stat. Improvement Act of 2000 (Public Law 106–481; 5316 of such title: Provided further, That the 1487; 2 U.S.C. 135a), $49,788,000, of which 2 U.S.C. 182c): Provided, That the total revolving fund and the funds provided under $14,437,000 shall remain available until ex- amount of such transfers may not exceed the headings ‘‘OFFICE OF SUPERINTENDENT OF pended. $1,900,000: Provided further, That the appro- DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ FURNITURE AND FURNISHINGS priate revolving fund account shall reim- together may not be available for the full- For necessary expenses for the purchase, burse the Library for any amounts trans- time equivalent employment of more than installation, maintenance, and repair of fur- ferred to it before the period of availability 3,260 workyears (or such other number of niture, furnishings, office and library equip- of the Library appropriation expires. workyears as the Public Printer may re- ment, $7,932,000. SEC. 207. Section 101 of the Library of Con- quest, subject to the approval of the Com- gress Fiscal Operations Improvement Act of mittees on Appropriations of the Senate and ADMINISTRATIVE PROVISIONS 2000 (Public Law 106–481; 2 U.S.C. 182a) is the House of Representatives): Provided fur- SEC. 201. Appropriations in this Act avail- amended— ther, That activities financed through the re- able to the Library of Congress shall be (1) in the heading, by striking ‘‘AUDIO volving fund may provide information in any available, in an amount of not more than AND VIDEO’’; and format: Provided further, That the revolving $203,560, of which $60,486 is for the Congres- (2) in subsection (a), by striking ‘‘audio fund shall not be used to administer any sional Research Service, when specifically and video’’. flexible or compressed work schedule which authorized by the Librarian of Congress, for applies to any manager or supervisor in a po- ARCHITECT OF THE CAPITOL attendance at meetings concerned with the sition the grade or level of which is equal to function or activity for which the appropria- LIBRARY BUILDINGS AND GROUNDS or higher than GS–15: Provided further, That tion is made. STRUCTURAL AND MECHANICAL CARE expenses for attendance at meetings shall SEC. 202. (a) No part of the funds appro- For all necessary expenses for the mechan- not exceed $75,000. priated in this Act shall be used by the Li- ical and structural maintenance, care and ADMINISTRATIVE PROVISION brary of Congress to administer any flexible operation of the Library buildings and EXTENSION OF EARLY RETIREMENT AND VOL- or compressed work schedule which— grounds, $22,252,000, of which $8,918,000 shall UNTARY SEPARATION INCENTIVE PAYMENTS (1) applies to any manager or supervisor in remain available until expended. FOR GPO a position the grade or level of which is GOVERNMENT PRINTING OFFICE SEC. 208. (a) Section 309 of the Legislative equal to or higher than GS–15; and Branch Appropriations Act, 1999 (44 U.S.C. (2) grants such manager or supervisor the OFFICE OF SUPERINTENDENT OF DOCUMENTS 305 note), is amended— right to not be at work for all or a portion SALARIES AND EXPENSES (1) in subsection (b)(1)(A), by striking ‘‘Oc- of a workday because of time worked by the (INCLUDING TRANSFER OF FUNDS) tober 1, 2001’’ and inserting ‘‘October 1, 2004’’; manager or supervisor on another workday. For expenses of the Office of Super- and (b) For purposes of this section, the term intendent of Documents necessary to provide (2) in subsection (c)(2), by striking ‘‘Sep- ‘‘manager or supervisor’’ means any manage- for the cataloging and indexing of Govern- tember 30, 2001’’ and inserting ‘‘September ment official or supervisor, as such terms are ment publications and their distribution to 30, 2004’’. defined in section 7103(a)(10) and (11) of title the public, Members of Congress, other Gov- (b) The amendments made by this section 5, United States Code. ernment agencies, and designated depository shall take effect as if included in the enact- SEC. 203. Appropriated funds received by and international exchange libraries as au- ment of the Legislative Branch Appropria- the Library of Congress from other Federal thorized by law, $29,639,000: Provided, That tions Act, 1999. agencies to cover general and administrative travel expenses, including travel expenses of overhead costs generated by performing re- GENERAL ACCOUNTING OFFICE the Depository Library Council to the Public imbursable work for other agencies under SALARIES AND EXPENSES Printer, shall not exceed $175,000: Provided the authority of sections 1535 and 1536 of For necessary expenses of the General Ac- further, That amounts of not more than title 31, United States Code, shall not be counting Office, including not more than $2,000,000 from current year appropriations used to employ more than 65 employees and $12,500 to be expended on the certification of are authorized for producing and dissemi- may be expended or obligated— the Comptroller General of the United States nating Congressional serial sets and other (1) in the case of a reimbursement, only to in connection with official representation related publications for 2000 and 2001 to de- such extent or in such amounts as are pro- and reception expenses; temporary or inter- pository and other designated libraries: Pro- vided in appropriations Acts; or mittent services under section 3109(b) of title vided further, That any unobligated or unex- (2) in the case of an advance payment, 5, United States Code, but at rates for indi- pended balances in this account or accounts only— viduals not more than the daily equivalent for similar purposes for preceding fiscal (A) to pay for such general or administra- of the annual rate of basic pay for level IV of years may be transferred to the Government tive overhead costs as are attributable to the the Executive Schedule under section 5315 of Printing Office revolving fund for carrying work performed for such agency; or such title; hire of one passenger motor vehi- out the purposes of this heading, subject to (B) to such extent or in such amounts as cle; advance payments in foreign countries the approval of the Committees on Appro- are provided in appropriations Acts, with rein accordance with section 3324 of title 31, priations of the House of Representatives spect to any purpose not allowable under United States Code; benefits comparable to and Senate. subparagraph (A). those payable under sections 901(5), 901(6), SEC. 204. Of the amounts appropriated to GOVERNMENT PRINTING OFFICE REVOLVING and 901(8) of the Foreign Service Act of 1980 the Library of Congress in this Act, not more FUND (22 U.S.C. 4081(5), 4081(6), and 4081(8)); and than $5,000 may be expended, on the certifi- The Government Printing Office is hereby under regulations prescribed by the Comp- cation of the Librarian of Congress, in con- authorized to make such expenditures, with- troller General of the United States, rental nection with official representation and rein the limits of funds available and in accord of living quarters in foreign countries, ception expenses for the incentive awards with the law, and to make such contracts $421,844,000: Provided, That not more than program. and commitments without regard to fiscal $1,751,000 of payments received under section SEC. 205. Of the amount appropriated to the year limitations as provided by section 9104 782 of title 31, United States Code shall be Library of Congress in this Act, not more of title 31, United States Code, as may be available for use in fiscal year 2002: Provided than $12,000 may be expended, on the certifi- necessary in carrying out the programs and further, That not more than $750,000 of reim- cation of the Librarian of Congress, in con- purposes set forth in the budget for the cur- bursements received under section 9105 of

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.005 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4893 title 31, United States Code shall be avail- to this Act, pursuant to the debarment, sus- of the House of Representatives and the able for use in fiscal year 2002: Provided fur- pension, and ineligibility procedures de- amounts made available in this Act for the ther, That this appropriation and appropria- scribed in section 9.400 through 9.409 of title Architect of the Capitol for the item relating tions for administrative expenses of any 48, Code of Federal Regulations. to ‘‘HOUSE OFFICE BUILDINGS’’, an aggregate other department or agency which is a mem- SEC. 306. Such sums as may be necessary amount of $75,000 shall be made available for ber of the National Intergovernmental Audit are appropriated to the account described in the installation of compact fluorescent light Forum or a Regional Intergovernmental subsection (a) of section 415 of Public Law bulbs in table, floor, and desk lamps in Audit Forum shall be available to finance an 104–1 to pay awards and settlements as au- House office buildings for offices of the appropriate share of either Forum’s costs as thorized under such subsection. House which request them (including any determined by the respective Forum, includ- SEC. 307. Amounts available for adminis- retrofitting of the lamps which may be nec- ing necessary travel expenses of non-Federal trative expenses of any legislative branch essary to install such bulbs), consistent with participants: Provided further, That pay- entity which participates in the Legislative the energy conservation plan of the Archi- ments hereunder to the Forum may be cred- Branch Financial Managers Council tect under section 310 of the Legislative ited as reimbursements to any appropriation (LBFMC) established by charter on March 26, Branch Appropriations Act, 1999. from which costs involved are initially fi- 1996, shall be available to finance an appro- The CHAIRMAN. Pursuant to House nanced: Provided further, That this appropria- priate share of LBFMC costs as determined Resolution 213, the gentleman from tion and appropriations for administrative by the LBFMC, except that the total LBFMC expenses of any other department or agency costs to be shared among all participating New Jersey (Mr. ROTHMAN) and a Mem- which is a member of the American Consor- legislative branch entities (in such alloca- ber opposed each will control 5 min- tium on International Public Administration tions among the entities as the entities may utes. (ACIPA) shall be available to finance an ap- determine) may not exceed $252,000. The Chair recognizes the gentleman propriate share of ACIPA costs as deter- SEC. 308. (a) Section 5596(a) of title 5, from New Jersey (Mr. ROTHMAN). mined by the ACIPA, including any expenses United States Code, is amended— Mr. ROTHMAN. Mr. Chairman, I attributable to membership of ACIPA in the (1) by striking ‘‘and’’ at the end of para- yield myself such time as I may con- International Institute of Administrative graph (4); sume. Sciences. (2) by striking the period at the end of First, let me thank the gentleman TITLE III—GENERAL PROVISIONS paragraph (5) and inserting a semicolon; and (3) by adding at the end the following new from North Carolina (Mr. TAYLOR) and SEC. 301. No part of the funds appropriated paragraphs: the gentleman from Virginia (Mr. in this Act shall be used for the maintenance ‘‘(6) the Architect of the Capitol; and MORAN) as well as staff members Liz or care of private vehicles, except for emer- ‘‘(7) the United States Botanic Garden.’’. gency assistance and cleaning as may be pro- Dawson and Mark Murray for allowing (b) The amendment made by subsection (a) vided under regulations relating to parking me to bring this amendment forward shall apply with respect to personnel actions facilities for the House of Representatives and for working with me to make this taken on or after the date of the enactment issued by the Committee on House Adminis- possible. of this Act. tration and for the Senate issued by the SEC. 309. Section 4(b) of the House Employ- Mr. Chairman, I am offering an Committee on Rules and Administration. ees Position Classification Act (2 U.S.C. amendment today that is quite simple. SEC. 302. No part of the funds appropriated 293(b)) is amended by adding at the end the It would provide sufficient resources in this Act shall remain available for obliga- following: ‘‘Notwithstanding any other pro- from existing funds to allow House tion beyond fiscal year 2002 unless expressly vision of this Act, for purposes of applying so provided in this Act. Members to request the installation of the adjustment made by the committee SEC. 303. Whenever in this Act any office or energy-efficient compact fluorescent under this subsection for 2002 and each suc- position not specifically established by the light bulbs in their offices. ceeding year, positions under the Chief Ad- Legislative Pay Act of 1929 is appropriated Some may say, well, that sounds ministrative Officer shall include positions for or the rate of compensation or designa- of the United States Capitol telephone ex- pretty trivial. Well, if saving money for tion of any office or position appropriated change under the Chief Administrative Offi- the taxpayers is trivial, if saving en- for is different from that specifically estab- cer.’’. ergy is trivial, then maybe so. But I lished by such Act, the rate of compensation SEC. 310. The Architect of the Capitol, in and the designation in this Act shall be the think not. I think that this is impor- consultation with the District of Columbia, permanent law with respect thereto: Pro- tant and an important first step. For is authorized to maintain and improve the vided, That the provisions in this Act for the example, this compact fluorescent landscape features, excluding streets and various items of official expenses of Mem- light bulb that could be used in the sidewalks, in the irregular shaped grassy bers, officers, and committees of the Senate Members’ offices, at their request, areas bounded by Washington Avenue, SW on and House of Representatives, and clerk hire the northeast, Second Street SW on the saves about $3.60 per light bulb per for Senators and Members of the House of west, Square 582 on the south, and the begin- year. Now, we have got three or 4,000 Representatives shall be the permanent law ning of the I–395 tunnel on the southeast. light bulbs in the Members’ offices. with respect thereto. This Act may be cited as the ‘‘Legislative These new light bulbs will also last 20 SEC. 304. The expenditure of any appropria- Branch Appropriations Act, 2002’’. tion under this Act for any consulting serv- times longer than regular light bulbs. ice through procurement contract, pursuant The CHAIRMAN. No amendment is in So not only will we save a lot of money to section 3109 of title 5, United States Code, order except those printed in House Re- on the energy that we will not be con- shall be limited to those contracts where port 107–171. Each amendment may be suming with these new bulbs, they will such expenditures are a matter of public offered only in the order printed, may last 20 times longer, which means we record and available for public inspection, be offered only by a Member designated will be buying between 50 and 100,000 except where otherwise provided under exist- in the report, shall be considered read, less light bulbs over the course of 10 ing law, or under existing Executive order issued pursuant to existing law. debatable for the time specified in the years, and we will not have to divert SEC. 305. (a) It is the sense of the Congress report, equally divided and controlled attention from the House maintenance that, to the greatest extent practicable, all by the proponent and an opponent, staff to this task of changing light equipment and products purchased with shall not be subject to amendment, and bulbs, and they can go on and do the funds made available in this Act should be shall not be subject to a demand for di- other important work that they are American-made. vision of the question. doing. (b) In providing financial assistance to, or It is now in order to consider amend- Let me just say this. It is also, frank- entering into any contract with, any entity ly, an indication that the House of using funds made available in this Act, the ment No. 1 printed in House Report head of each Federal agency, to the greatest 107–171. Representatives is very much con- extent practicable, shall provide to such en- AMENDMENT NO. 1 OFFERED BY MR. ROTHMAN cerned about saving energy. This builds tity a notice describing the statement made Mr. ROTHMAN. Mr. Chairman, I on the 1998 initiative of this Congress in subsection (a) by the Congress. offer an amendment. to install energy-saving fixtures where (c) If it has been finally determined by a The CHAIRMAN. The Clerk will des- we can. As a result of that initiative, court or Federal agency that any person in- the Capitol complex is using nearly 31 tentionally affixed a label bearing a ‘‘Made ignate the amendment. The text of the amendment is as fol- million kilowatt hours less than be- in America’’ inscription, or any inscription fore, a 10 percent decrease in power with the same meaning, to any product sold lows: in or shipped to the United States that is not Amendment No. 1 offered by Mr. ROTHMAN: usage. made in the United States, such person shall Page 45, add after line 25 the following: Let me add two other points: one is be ineligible to receive any contract or sub- SEC. 311. Of the amounts made available in that if we continue in this direction, contract made with funds provided pursuant this Act for the Chief Administrative Officer we can avoid having to construct new

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.005 pfrm02 PsN: H31PT1 H4894 CONGRESSIONAL RECORD — HOUSE July 31, 2001 power plants. It is said if everyone in the Federal Government should look at all Members have 5 legislative days America used them, we could retire 90 the labels. If they are going to buy within which to revise and extend their power plants. Finally, we should, where bulbs from China and buy goods made remarks, and that I be permitted to in- possible and reasonable, make sure we in Japan and continue to buy Russian- clude tabular and extraneous material use these new light bulbs that are made goods and continue to give for- on the bill, H.R. 2647, making appro- made in the USA. eign aid to Russia, we might find our- priations for the Legislative Branch for Again, I thank the chairman and my selves some day arming ourselves in a the fiscal year 2002, and for other pur- distinguished friend and ranking mem- possible war with one of these nations poses. ber, the gentleman from Virginia, for that we financed. The SPEAKER pro tempore. Is there all their help in getting this amend- So I would hope that after the re- objection to the request of the gen- marks of the gentleman from New Jer- ment before this body. tleman from North Carolina? Mr. TAYLOR of North Carolina. Mr. sey (Mr. ROTHMAN), the reason why he did not show that bulb, it was made in Mr. YOUNG of Florida. Mr. Speaker, Chairman, we have no objection to the reserving the right to object, I only do amendment. China. So any of the workers and procurement people in Washington who so to commend the gentleman from The CHAIRMAN. The question is on North Carolina (Chairman TAYLOR) and the amendment offered by the gen- are now going to get $65 tax-free to help commute, when they go out and the gentleman from Virginia (Mr. tleman from New Jersey (Mr. ROTH- buy, look at the label. MORAN) for bringing a good bill to the MAN). With that, a $360 billion trade deficit, floor and having done a good job. The amendment was agreed to. for historical purposes, Jimmy Carter’s In addition, I want to announce to The CHAIRMAN. It is now in order to last year had a balanced trade picture; Members that this is the tenth appro- consider amendment No. 2 printed in no surplus, no deficit. priations bill that we have passed this House Report 107–171. Mr. TAYLOR of North Carolina. Mr. year; and despite the fact that we got AMENDMENT NO. 2 OFFERED BY MR. TRAFICANT Chairman, will the gentleman yield? off to a very late start, not receiving Mr. TRAFICANT. Mr. Chairman, I Mr. TRAFICANT. I yield to the gen- our justifications and specific numbers offer an amendment. tleman from North Carolina. actually until April, when we normally The CHAIRMAN. The Clerk will des- Mr. TAYLOR of North Carolina. Mr. get them in February, the House has ignate the amendment. Chairman, we have no objection to the done a great job in coming together to amendment offered by the distin- The text of the amendment is as fol- pass these appropriations bills, one lows: guished gentleman from Ohio. Mr. TRAFICANT. Mr. Chairman, re- supplemental that is already signed Amendment No. 2 offered by Mr. TRAFI- claiming my time, I would be glad to into law and nine of the regular appro- CANT: priations bills. At the end of the bill (preceding the short yield to my distinguished friend, the title) insert the following new section: gentleman from Virginia (Mr. MORAN). That is all the appropriations busi- SEC. . No funds appropriated or otherwise Mr. MORAN of Virginia. Mr. Chair- ness we will have for the balance of made available under this Act shall be made man, we do not have any objection ei- this week and until we return from our available to any person or entity that has ther; but I do not think that, as long as summer work period in our districts. been convicted of violating the Buy Amer- we look for the highest quality at the When we get back, we will take up very ican Act (41 U.S.C. 10a–10c). most affordable price, we are going to soon upon our arrival the Military Con- The CHAIRMAN. Pursuant to House have a problem with the intent of the struction bill, the Defense appropria- Resolution 213, the gentleman from gentleman’s amendment anyway. But tions bill, the District of Columbia bill Ohio (Mr. TRAFICANT) and a Member we are not going to object to it. and the Labor Health and Education opposed each will control 5 minutes. Mr. TRAFICANT. Mr. Chairman, re- bill. The Chair recognizes the gentleman claiming my time, I was hoping the So we had a very busy month in June from Ohio (Mr. TRAFICANT). gentleman would say he supported it. and an extremely busy month in July Mr. TRAFICANT. Mr. Chairman, I With that, I ask for a vote in the af- as far as appropriations go. September yield myself such time as I may con- firmative. will be no different. It will be an in- The CHAIRMAN. Is there any Mem- sume. tense time for all of us as we approach ber who claims time in opposition to I noticed in the last debate, the gen- the end of the fiscal year. the amendment? tleman from New Jersey (Mr. ROTH- Hearing none, the question is on the Mr. Speaker, I withdraw my reserva- MAN) has a very good amendment. But amendment offered by the gentleman tion of objection. he was to have shown you one of those from Ohio (Mr. TRAFICANT). The SPEAKER pro tempore. Is there bulbs. After discussing it with me, and The amendment was agreed to. objection to the request of the gen- it is certainly no reflection on the gen- The CHAIRMAN. There being no fur- tleman from North Carolina (Mr. TAY- tleman from New Jersey or his staff, ther amendments, under the rule, the LOR)? the reason why he did not show that Committee rises. There was no objection. bulb to the Congress is his staff went Accordingly, the Committee rose; out and bought one for the purposes of and the Speaker pro tempore (Mr. The SPEAKER pro tempore. The Chair will put the amendments en gros. display and that light bulb was made in MCHUGH) having assumed the chair, China. The gentleman from New Jersey Mr. SIMPSON, Chairman of the Com- The amendments were agreed to. having seen that and certainly very mittee of the Whole House on the State The SPEAKER pro tempore. The supportive of Made in America/Buy of the Union, reported that that Com- question is on the engrossment and American, says he further rec- mittee, having had under consideration third reading of the bill. ommended in his closing remarks that the bill (H.R. 2647) making appropria- The bill was ordered to be engrossed we try and buy those bulbs made in tions for the Legislative Branch for the and read a third time, and was read the America. The truth of the matter is fiscal year ending September 30, 2002, third time. while some people may think some of and for other purposes, pursuant to The SPEAKER pro tempore. The these concerns are trivial, the United House Resolution 213, he reported the question is on passage of the bill. States trade deficit is approaching one- bill back to the House with sundry Pursuant to clause 10 of rule XX, the third of a trillion dollars a year. A lot amendments adopted by the Com- yeas and nays are ordered. of people really do not look at labels. mittee of the Whole. The Traficant amendment says if any- The SPEAKER pro tempore. Under The SPEAKER pro tempore. Pursu- body has violated a Buy American Act, the rule, the previous question is or- ant to clause 8 of rule XX, this will be at some point they cannot get money dered. a 15 minute vote on passage, which will under this bill. Is a separate vote demanded on any be followed by a 5 minute vote on ap- amendment? proving the Journal. b 1145 GENERAL LEAVE The vote was taken by electronic de- I do not even think that goes far Mr. TAYLOR of North Carolina. Mr. vice, and there were—yeas 380, nays 38, enough. I think the people who buy for Speaker, I ask unanimous consent that not voting 15, as follows:

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.047 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4895 [Roll No. 298] Rivers Skeen Traficant answered ‘‘present’’ 1, not voting 29, as Rodriguez Skelton Turner YEAS—380 Roemer Slaughter Udall (CO) follows: Rogers (KY) Smith (MI) Udall (NM) [Roll No. 299] Abercrombie Dooley Kolbe Rogers (MI) Smith (NJ) Upton Ackerman Doolittle Kucinich AYES—359 Rohrabacher Smith (TX) Velazquez Aderholt Doyle LaFalce Ros-Lehtinen Smith (WA) Visclosky Abercrombie Doggett Kolbe Akin Dreier LaHood Ross Snyder Vitter Ackerman Dooley LaFalce Allen Duncan Lampson Rothman Solis Walden Aderholt Doolittle LaHood Andrews Dunn Langevin Roukema Souder Walsh Akin Doyle Lampson Armey Edwards Lantos Roybal-Allard Spratt Wamp Allen Dreier Langevin Baca Ehlers Largent Rush Stenholm Waters Andrews Duncan Lantos Bachus Ehrlich Larsen (WA) Sabo Strickland Watkins (OK) Armey Dunn Largent Baird Emerson Larson (CT) Sanchez Stump Watson (CA) Baca Edwards Larson (CT) Baker Engel Latham Sanders Stupak Watt (NC) Bachus Ehlers LaTourette Baldacci English LaTourette Sandlin Sununu Watts (OK) Baker Ehrlich Leach Baldwin Eshoo Leach Sawyer Sweeney Waxman Baldacci Emerson Lee Ballenger Etheridge Lee Saxton Tanner Weiner Baldwin Engel Levin Bartlett Evans Levin Scarborough Tauscher Weldon (FL) Ballenger Eshoo Lewis (GA) Barton Everett Lewis (CA) Schakowsky Tauzin Weldon (PA) Barcia Etheridge Lewis (KY) Bass Farr Lewis (GA) Schrock Taylor (NC) Weller Barr Evans Linder Becerra Fattah Lewis (KY) Serrano Terry Wexler Barrett Everett Lofgren Bentsen Ferguson Linder Sessions Thomas Whitfield Bartlett Farr Lowey Bereuter Filner LoBiondo Shadegg Thompson (CA) Wicker Barton Fattah Lucas (KY) Berkley Fletcher Lofgren Shaw Thompson (MS) Wilson Bass Ferguson Lucas (OK) Berman Foley Lowey Shays Thornberry Wolf Becerra Fletcher Luther Berry Forbes Lucas (OK) Sherman Thune Woolsey Bentsen Foley Maloney (CT) Biggert Ford Maloney (CT) Sherwood Tiahrt Wu Bereuter Forbes Maloney (NY) Bilirakis Fossella Maloney (NY) Shuster Tiberi Wynn Berkley Ford Manzullo Bishop Frank Manzullo Simmons Tierney Young (AK) Berman Frank Markey Blagojevich Frelinghuysen Markey Simpson Towns Young (FL) Berry Frelinghuysen Mascara Blumenauer Frost Mascara Biggert Frost Matheson Blunt Gallegly Matheson NAYS—38 Bilirakis Gallegly Matsui Boehlert Ganske Matsui Barcia Israel Ryan (WI) Bishop Ganske McCarthy (MO) Boehner Gekas McCarthy (MO) Barr Johnson (IL) Ryun (KS) Blagojevich Gekas McCollum Bonilla Gephardt McCarthy (NY) Barrett Jones (NC) Schaffer Blumenauer Gibbons McCrery Bonior Gibbons McCollum Costello Kind (WI) Schiff Blunt Gilchrest McGovern Bono Gilchrest McCrery Deutsch Lucas (KY) Sensenbrenner Boehlert Gillmor McHugh Borski Gillmor McDermott Doggett Luther Shimkus Boehner Gilman McInnis Boswell Gilman McGovern Goode Moore Shows Bonilla Gonzalez McIntyre Boucher Gonzalez McHugh Goodlatte Moran (KS) Stearns Bonior Goode McKeon Boyd Goss McInnis Green (TX) Paul Tancredo Bono Goodlatte Meehan Brady (PA) Graham McIntyre Green (WI) Petri Taylor (MS) Borski Graham Meek (FL) Brady (TX) Granger McKeon Hefley Phelps Thurman Boswell Granger Meeks (NY) Brown (FL) Graves McNulty Hoekstra Pitts Toomey Boucher Graves Mica Brown (OH) Greenwood Meehan Hulshof Royce Boyd Green (TX) Miller (FL) Brown (SC) Grucci Meek (FL) Brady (PA) Green (WI) Miller, George Bryant Gutierrez Meeks (NY) NOT VOTING—15 Brady (TX) Greenwood Mink Burr Gutknecht Menendez Flake Jones (OH) Norwood Brown (FL) Grucci Mollohan Burton Hall (OH) Mica Gordon Lipinski Scott Brown (OH) Hall (OH) Moran (VA) Buyer Hall (TX) Miller (FL) Hastings (FL) McKinney Spence Brown (SC) Hall (TX) Morella Callahan Hansen Miller, Gary Herger Millender- Stark Bryant Hansen Murtha Calvert Harman Miller, George Hunter McDonald Burr Harman Myrick Camp Hart Mink Johnson, E. B. Neal Burton Hart Nadler Cannon Hastings (WA) Mollohan Buyer Hastings (WA) Napolitano Cantor Hayes Moran (VA) b 1216 Callahan Hayes Nethercutt Capito Hayworth Morella Camp Hayworth Ney Capps Hill Murtha Messrs. SHOWS, SCHIFF, SHIMKUS, Cannon Herger Northup Capuano Hilleary Myrick DOGGETT, JOHNSON of Illinois, BAR- Cantor Hill Nussle Cardin Hilliard Nadler CIA, and PHELPS changed their vote Capito Hilleary Obey Carson (IN) Hinchey Napolitano Capps Hinchey Olver Carson (OK) Hinojosa Nethercutt from ‘‘yea’’ to ‘‘nay.’’ Cardin Hinojosa Ortiz Castle Hobson Ney So the bill was passed. Carson (IN) Hobson Osborne Chabot Hoeffel Northup The result of the vote was announced Carson (OK) Hoeffel Ose Chambliss Holden Nussle as above recorded. Castle Holden Otter Clay Holt Oberstar Chabot Holt Owens Clayton Honda Obey A motion to reconsider was laid on Chambliss Honda Oxley Clement Hooley Olver the table. Clay Hooley Pallone Clyburn Horn Ortiz Stated for: Clayton Horn Pascrell Coble Hostettler Osborne Mr. HERGER. Mr. Speaker, on rollcall No. Clement Hostettler Pastor Collins Houghton Ose Clyburn Houghton Paul Combest Hoyer Otter 298 I was unavoidably detained. Had I been Coble Hoyer Payne Condit Hutchinson Owens present, I would have voted ‘‘yea’’. Collins Hyde Pelosi Conyers Hyde Oxley f Combest Inslee Pence Cooksey Inslee Pallone Condit Isakson Peterson (PA) Cox Isakson Pascrell THE JOURNAL Conyers Israel Petri Coyne Issa Pastor Cooksey Issa Phelps Cramer Istook Payne The SPEAKER pro tempore (Mr. Cox Istook Pickering Crane Jackson (IL) Pelosi MCHUGH). Pursuant to clause 8 of rule Coyne Jackson (IL) Pitts Crenshaw Jackson-Lee Pence XX, the pending business is the ques- Cramer Jackson-Lee Pombo Crowley (TX) Peterson (MN) Crenshaw (TX) Pomeroy Cubin Jefferson Peterson (PA) tion of the Speaker’s approval of the Culberson Jenkins Portman Culberson Jenkins Pickering Journal of the last day’s proceedings. Cummings John Price (NC) Cummings John Platts The question is on the Speaker’s ap- Cunningham Johnson (CT) Pryce (OH) Cunningham Johnson (CT) Pombo Davis (CA) Johnson (IL) Putnam Davis (CA) Johnson, Sam Pomeroy proval of the Journal. Davis (FL) Johnson, Sam Quinn Davis (FL) Kanjorski Portman The question was taken; and the Davis (IL) Jones (NC) Radanovich Davis (IL) Kaptur Price (NC) Speaker pro tempore announced that Davis, Jo Ann Kanjorski Rahall Davis, Jo Ann Keller Pryce (OH) the ayes appeared to have it. Davis, Tom Kaptur Rangel Davis, Tom Kelly Putnam Deal Kennedy (RI) Regula Deal Kennedy (MN) Quinn RECORDED VOTE DeGette Kerns Rehberg DeFazio Kennedy (RI) Radanovich Mr. MCNULTY. Mr. Speaker, I de- Delahunt Kildee Reyes DeGette Kerns Rahall mand a recorded vote. DeLauro Kilpatrick Riley Delahunt Kildee Ramstad DeLay Kind (WI) Rivers DeLauro Kilpatrick Rangel A recorded vote was ordered. DeMint King (NY) Rodriguez DeLay King (NY) Regula The SPEAKER pro tempore. This is a Deutsch Kingston Rogers (KY) DeMint Kingston Rehberg 5-minute vote. Diaz-Balart Kirk Rogers (MI) Diaz-Balart Kirk Reyes Dicks Kleczka Rohrabacher Dicks Kleczka Reynolds The vote was taken by electronic de- Dingell Knollenberg Ros-Lehtinen Dingell Knollenberg Riley vice, and there were—ayes 359, noes 44,

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.011 pfrm02 PsN: H31PT1 H4896 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Ross Simmons Tiberi for the automatic termination of a na- Sec. 1. Short title; table of contents. Rothman Simpson Tierney tional emergency unless, prior to the Sec. 2. References to title 38, United States Roukema Skeen Toomey Code. Roybal-Allard Skelton Traficant anniversary date of its declaration, the Royce Smith (MI) Turner President publishes in the Federal Reg- TITLE I—ANNUAL COST-OF-LIVING AD- Ryan (WI) Smith (NJ) Upton ister and transmits to the Congress a JUSTMENT IN COMPENSATION AND DIC Ryun (KS) Smith (TX) Velazquez notice stating that the emergency is to RATES Sanchez Smith (WA) Vitter Sec. 101. Increase in rates of disability com- Sanders Snyder Walden continue in effect beyond the anniver- Sandlin Solis Walsh sary date. In accordance with this pro- pensation and dependency and Sawyer Souder Watkins (OK) indemnity compensation. Saxton Spratt Watson (CA) vision, I have sent the enclosed notice, Sec. 102. Publication of adjusted rates. Scarborough Stearns Watt (NC) stating that the Iraqi emergency is to TITLE II—COMPENSATION PROVISIONS Schakowsky Stenholm Watts (OK) continue in effect beyond August 2, Sec. 201. Presumption that diabetes mellitus Schiff Strickland Waxman 2001, to the Federal Register for publi- Schrock Stump Weiner (type 2) is service-connected. Sensenbrenner Sununu Weldon (FL) cation. Sec. 202. Inclusion of illnesses that cannot Serrano Tanner Weldon (PA) The crisis between the United States be clearly defined in presump- Sessions Tauscher Wexler and Iraq that led to the declaration on tion of service connection for Shadegg Tauzin Whitfield August 2, 1990, of a national emergency Gulf War veterans. Shaw Taylor (NC) Wicker Shays Terry Wilson has not been resolved. The Government Sec. 203. Preservation of service connection Sherman Thomas Wolf of Iraq continues to engage in activi- for undiagnosed illnesses to Sherwood Thornberry Woolsey ties inimical to stability in the Middle provide for participation in re- Shimkus Thune Wynn East and hostile to United States in- search projects by Gulf War Shows Thurman Young (AK) veterans. Shuster Tiahrt Young (FL) terests in the region. Such Iraqi ac- Sec. 204. Presumptive period for NOES—44 tions pose a continuing, unusual, and undiagnosed illnesses program extraordinary threat to the national providing compensation for vet- Baird Kennedy (MN) Roemer Capuano Kucinich Sabo security and foreign policy of the erans of Persian Gulf War who Costello Larsen (WA) Schaffer United States. For these reasons, I have certain illnesses. Crane Latham Stupak have determined that it is necessary to TITLE III—ADMINISTRATION OF UNITED Crowley LoBiondo Sweeney maintain in force the broad authorities STATES COURT OF APPEALS FOR VET- DeFazio McCarthy (NY) Thompson (CA) ERANS CLAIMS English McDermott Thompson (MS) necessary to apply economic pressure Filner McNulty Udall (CO) on the Government of Iraq. Sec. 301. Registration fees. Fossella Menendez Udall (NM) GEORGE W. BUSH. Sec. 302. Administrative authorities. Gutierrez Moore Visclosky HE HITE OUSE TITLE IV—OTHER MATTERS Gutknecht Moran (KS) Wamp T W H , July 31, 2001. Hefley Oberstar Waters f Sec. 401. Payment of insurance proceeds to Hilliard Peterson (MN) Weller an alternate beneficiary when Hoekstra Platts Wu PERIODIC REPORT ON NATIONAL first beneficiary cannot be iden- Hulshof Ramstad EMERGENCY WITH RESPECT TO tified. ANSWERED ‘‘PRESENT’’—1 IRAQ—MESSAGE FROM THE Sec. 402. Extension of copayment requirement for outpatient prescrip- Tancredo PRESIDENT OF THE UNITED STATES (H. DOC. NO. 107–110) tion medications. NOT VOTING—29 Sec. 403. Department of Veterans Affairs The SPEAKER pro tempore laid be- Calvert Johnson, E. B. Neal Health Services Improvement Cubin Jones (OH) Norwood fore the House the following message Fund made subject to appro- Flake Keller Reynolds from the President of the United priations. Gephardt Kelly Rush States; which was read and, together Sec. 404. Native American veteran housing Gordon Lewis (CA) Scott with the accompanying papers, without loan pilot program. Goss Lipinski Slaughter Sec. 405. Modification of loan assumption Hastings (FL) McKinney Spence objection, referred to the Committee Hunter Millender- Stark on International Relations and ordered notice requirement. Sec. 406. Elimination of requirement for pro- Hutchinson McDonald Taylor (MS) to be printed: Jefferson Miller, Gary Towns viding a copy of notice of ap- To the Congress of the United States: peal to the Secretary. b 1225 As required by section 401(c) of the Sec. 407. Pilot program for expansion of toll- So the Journal was approved. National Emergencies Act, 50 U.S.C. free telephone access to vet- The result of the vote was announced 1641(c), and section 204(c) of the Inter- erans service representatives. as above recorded. national Emergency Economic Powers Sec. 408. Technical and clerical amendments. f Act, 50 U.S.C. 1703(c), I transmit here- with a 6-month report on the national Sec. 409. Codification of recurring provisions SUNDRY MESSAGES FROM THE emergency with respect to Iraq that in annual Department of Vet- PRESIDENT erans Affairs appropriations was declared in Executive Order 12722 Acts. Sundry messages, in writing from the of August 2, 1990. SEC. 2. REFERENCES TO TITLE 38, UNITED President of the United States were GEORGE W. BUSH. STATES CODE. communicated to the House by Ms. THE WHITE HOUSE, July 31, 2001. Except as otherwise expressly provided, Wanda Evans, one of his secretaries. f whenever in this Act an amendment or re- f peal is expressed in terms of an amendment VETERANS BENEFITS ACT OF 2001 to, or repeal of, a section or other provision, CONTINUATION OF NATIONAL Mr. SMITH of New Jersey. Mr. the reference shall be considered to be made EMERGENCY WITH RESPECT TO Speaker, I move to suspend the rules to a section or other provision of title 38, IRAQ—MESSAGE FROM THE and pass the bill (H.R. 2540) to amend United States Code. PRESIDENT OF THE UNITED title 38, United States Code, to make TITLE I—ANNUAL COST-OF-LIVING AD- STATES (H. DOC. NO. 107–111) various improvements to veterans ben- JUSTMENT IN COMPENSATION AND DIC The SPEAKER pro tempore (Mr. efits programs under laws administered RATES RYAN of Wisconsin) laid before the by the Secretary of Veterans Affairs, SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY House the following message from the and for other purposes, as amended. AND INDEMNITY COMPENSATION. The Clerk read as follows: President of the United States; which (a) RATE ADJUSTMENT.—The Secretary of was read and, together with the accom- H.R. 2540 Veterans Affairs shall, effective on December panying papers, without objection, re- Be it enacted by the Senate and House of Rep- 1, 2001, increase the dollar amounts in effect ferred to the Committee on Inter- resentatives of the United States of America in for the payment of disability compensation national Relations and ordered to be Congress assembled, and dependency and indemnity compensa- printed: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion by the Secretary, as specified in sub- (a) SHORT TITLE.—This Act may be cited as section (b). To the Congress of the United States: the ‘‘Veterans Benefits Act of 2001’’. (b) AMOUNTS TO BE INCREASED.—The dollar Section 202(d) of the National Emer- (b) TABLE OF CONTENTS.—The table of con- amounts to be increased pursuant to sub- gencies Act (50 U.S.C. 1622(d)) provides tents for this Act is as follows: section (a) are the following:

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.008 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4897

(1) COMPENSATION.—Each of the dollar further amended by adding at the end the TITLE III—ADMINISTRATION OF UNITED amounts in effect under section 1114 of title following new subsection: STATES COURT OF APPEALS FOR VET- 38, United States Code. ‘‘(g) For purposes of this section, signs or ERANS CLAIMS (2) ADDITIONAL COMPENSATION FOR DEPEND- symptoms that may be a manifestation of an SEC. 301. REGISTRATION FEES. ENTS.—Each of the dollar amounts in effect undiagnosed illness include the following: (a) FEES FOR COURT-SPONSORED ACTIVI- under sections 1115(1) of such title. ‘‘(1) Fatigue. TIES.—Subsection (a) of section 7285 is (3) CLOTHING ALLOWANCE.—The dollar ‘‘(2) Unexplained rashes or other dermato- amended by adding at the end the following amount in effect under section 1162 of such logical signs or symptoms. new sentence: ‘‘The Court may also impose title. ‘‘(3) Headache. registration fees on persons participating in (4) NEW DIC RATES.—The dollar amounts in ‘‘(4) Muscle pain. a judicial conference convened pursuant to effect under paragraphs (1) and (2) of section ‘‘(5) Joint pain. section 7286 of this title or any other court- 1311(a) of such title. ‘‘(6) Neurologic signs or symptoms. sponsored activity.’’. (5) OLD DIC RATES.—Each of the dollar ‘‘(7) Neuropsychological signs or symp- (b) USE OF FEES.—Subsection (b) of such amounts in effect under section 1311(a)(3) of toms. section is amended by striking ‘‘for the pur- such title. ‘‘(8) Signs or symptoms involving the res- poses of (1)’’ and all that follows through the (6) ADDITIONAL DIC FOR SURVIVING SPOUSES piratory system (upper or lower). period and inserting ‘‘for the following pur- WITH MINOR CHILDREN.—The dollar amount in ‘‘(9) Sleep disturbances. poses: effect under section 1311(b) of such title. ‘‘(10) Gastrointestinal signs or symptoms. ‘‘(1) Conducting investigations and pro- (7) ADDITIONAL DIC FOR DISABILITY.—The ‘‘(11) Cardiovascular signs or symptoms. ceedings, including employing independent dollar amounts in effect under sections ‘‘(12) Abnormal weight loss. counsel, to pursue disciplinary matters. 1311(c) and 1311(d) of such title. ‘‘(13) Menstrual disorders.’’. ‘‘(2) Defraying the expenses of— (8) DIC FOR DEPENDENT CHILDREN.—The dol- (2) Section 1118(a) is amended by adding at ‘‘(A) judicial conferences convened pursu- lar amounts in effect under sections 1313(a) the end the following new paragraph: ant to section 7286 of this title; and and 1314 of such title. ‘‘(4) For purposes of this section, signs or ‘‘(B) other activities and programs that are ETERMINATION OF INCREASE.—(1) The (c) D symptoms that may be a manifestation of an designed to support and foster bench and bar increase under subsection (a) shall be made undiagnosed illness include the signs and communication and relationships or the in the dollar amounts specified in subsection symptoms listed in section 1117(g) of this study, understanding, public commemora- (b) as in effect on November 30, 2001. title.’’. tion, or improvement of veterans law or of (2) Except as provided in paragraph (3), (c) EFFECTIVE DATE.—The amendments the work of the Court.’’. each such amount shall be increased by the made by this section shall take effect on (c) CLERICAL AMENDMENTS.—(1) The head- same percentage as the percentage by which April 1, 2002. ing for such section is amended to read as benefit amounts payable under title II of the SEC. 203. PRESERVATION OF SERVICE CONNEC- follows: Social Security Act (42 U.S.C. 401 et seq.) are TION FOR UNDIAGNOSED ILLNESSES increased effective December 1, 2001, as a re- TO PROVIDE FOR PARTICIPATION IN ‘‘§ 7285. Practice and registration fees’’. sult of a determination under section 215(i) RESEARCH PROJECTS BY GULF WAR (2) The item relating to such section in the of such Act (42 U.S.C. 415(i)). VETERANS. table of sections at the beginning of chapter (3) Each dollar amount increased pursuant (a) AUTHORITY FOR SECRETARY TO PROVIDE 72 is amended to read as follows: to paragraph (2) shall, if not a whole dollar FOR PARTICIPATION WITHOUT LOSS OF BENE- ‘‘7285. Practice and registration fees.’’. amount, be rounded down to the next lower FITS.—Section 1117 is amended by adding SEC. 302. ADMINISTRATIVE AUTHORITIES. whole dollar amount. after subsection (g), as added by section (a) IN GENERAL.—Subchapter III of chapter (d) SPECIAL RULE.—The Secretary may ad- 202(b), the following new subsection: just administratively, consistent with the ‘‘(h)(1) If the Secretary determines with re- 72 is amended by adding at the end the fol- increases made under subsection (a), the spect to a medical research project spon- lowing new section: rates of disability compensation payable to sored by the Department that it is necessary ‘‘§ 7287. Administration persons within the purview of section 10 of for the conduct of the project that Persian ‘‘Notwithstanding any other provision of Public Law 85–857 (72 Stat. 1263) who are not Gulf veterans in receipt of compensation law, the Court of Appeals for Veterans in receipt of compensation payable pursuant under this section or section 1118 of this title Claims may exercise, for purposes of man- to chapter 11 of title 38, United States Code. participate in the project without the possi- agement, administration, and expenditure of SEC. 102. PUBLICATION OF ADJUSTED RATES. bility of loss of service connection under ei- funds, the authorities provided for such pur- At the same time as the matters specified ther such section, the Secretary shall proposes by any provision of law (including any in section 215(i)(2)(D) of the Social Security vide that service connection granted under limitation with respect to such provision) Act (42 U.S.C. 415(i)(2)(D)) are required to be either such section for disability of a veteran applicable to a court of the United States as published by reason of a determination made who participated in the research project may defined in section 451 of title 28, except to under section 215(i) of such Act during fiscal not be terminated. the extent that such provision of law is in- year 2002, the Secretary of Veterans Affairs ‘‘(2) Paragraph (1) does not apply in a case consistent with a provision of this chapter.’’. shall publish in the Federal Register the in which— (b) CLERICAL AMENDMENT.—The table of amounts specified in subsection (b) of sec- ‘‘(A) the original award of compensation or sections at the beginning of such chapter is tion 101, as increased pursuant to that sec- service connection was based on fraud; or amended by inserting after the item related tion. ‘‘(B) it is clearly shown from military to section 7286 the following new item: TITLE II—COMPENSATION PROVISIONS records that the person concerned did not 7287. Administration.’’. have the requisite service or character of SEC. 201. PRESUMPTION THAT DIABETES TITLE IV—OTHER MATTERS MELLITUS (TYPE 2) IS SERVICE-CON- discharge. NECTED. ‘‘(3) The Secretary shall publish in the SEC. 401. PAYMENT OF INSURANCE PROCEEDS Section 1116(a)(2) is amended by adding at Federal Register a notice of each determina- TO AN ALTERNATE BENEFICIARY the end the following new subparagraph: tion made by the Secretary under paragraph WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED. ‘‘(H) Diabetes Mellitus (Type 2).’’. (1) with respect to a medical research project.’’. (a) NSLI.—Section 1917 is amended by add- SEC. 202. INCLUSION OF ILLNESSES THAT CAN- ing at the end the following new subsection: NOT BE CLEARLY DEFINED IN PRE- (b) EFFECTIVE DATE.—The authority pro- SUMPTION OF SERVICE CONNEC- vided by subsection (h) of section 1117 of title ‘‘(f)(1) Following the death of the insured— TION. 38, United States Code, as added by sub- ‘‘(A) if the first beneficiary otherwise enti- (a) ILLNESSES THAT CANNOT BE CLEARLY section (a), may be used by the Secretary of tled to payment of the insurance proceeds DEFINED.—(1) Subsection (a) of section 1117 is Veterans Affairs with respect to any medical does not make a claim for such payment amended by inserting ‘‘or fibromyalgia, research project of the Department of Vet- within three years after the death of the in- chronic fatigue syndrome, a chronic multi- erans Affairs, whether commenced before, sured, payment of the proceeds may be made symptom illness, or any other illness that on, or after the date of the enactment of this to another beneficiary designated by the in- cannot be clearly defined (or combination of Act. sured, in the order of precedence as des- illnesses that cannot be clearly defined)’’ ignated by the insured, as if the first bene- SEC. 204. PRESUMPTIVE PERIOD FOR ficiary had predeceased the insured; and after ‘‘illnesses)’’. UNDIAGNOSED ILLNESSES PRO- (2) Subsection (c)(1) of such section is GRAM PROVIDING COMPENSATION ‘‘(B) if within five years after the death of amended by inserting ‘‘or fibromyalgia, FOR VETERANS OF PERSIAN GULF the insured, no claim has been filed by a per- chronic fatigue syndrome, a chronic multi- WAR WHO HAVE CERTAIN ILL- son designated by the insured as a bene- symptom illness, or any other illness that NESSES. ficiary and the Secretary has not received cannot be clearly defined (or combination of Section 1117 is amended— any notice in writing that any such claim illnesses that cannot be clearly defined)’’ in (1) in subsection (a)(2), by striking ‘‘within will be made, payment of the insurance pro- the matter preceding subparagraph (A) after the presumptive period prescribed under sub- ceeds may (notwithstanding any other provi- ‘‘illnesses)’’. section (b)’’ and inserting ‘‘before December sion of law) be made to such person as may (b) SIGNS OR SYMPTOMS THAT MAY INDICATE 31, 2003’’; and in the judgment of the Secretary be equi- UNDIAGNOSED ILLNESSES.—(1) Section 1117 is (2) by striking subsection (b). tably entitled to the proceeds of the policy.

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.014 pfrm02 PsN: H31PT1 H4898 CONGRESSIONAL RECORD — HOUSE July 31, 2001 ‘‘(2) Payment of insurance proceeds under SEC. 405. MODIFICATION OF LOAN ASSUMPTION cess to veterans service representatives dur- paragraph (1) shall be a bar to recovery by NOTICE REQUIREMENT. ing the period of expanded access to such any other person.’’. Section 3714(d) is amended to read as fol- representatives provided under the pilot pro- (b) USGLI.—Section 1951 is amended— lows: gram. (1) by inserting ‘‘(a)’’ before ‘‘United States ‘‘(d) With respect to a loan guaranteed, in- SEC. 408. TECHNICAL AND CLERICAL AMEND- Government’’; and sured, or made under this chapter, the Sec- MENTS. (2) by adding at the end the following new retary shall provide, by regulation, that at (a) AMENDMENTS TO TITLE 38, UNITED subsection: least one instrument evidencing either the STATES CODE.—Title 38, United States Code, ‘‘(b)(1) Following the death of the insured— loan or the mortgage or deed of trust there- is amended as follows: ‘‘(A) if the first beneficiary otherwise enti- for, shall conspicuously contain, in such (1)(A) Section 712 is repealed. tled to payment of the insurance proceeds form as the Secretary shall specify, a notice (B) The table of sections at the beginning does not make a claim for such payment in substantially the following form: ‘This of chapter 7 is amended by striking the item within three years after the death of the in- loan is not assumable without the approval relating to section 712. sured, payment of the proceeds may be made of the Department of Veterans Affairs or its (2) Section 1710B(c)(2)(B) is amended by in- to another beneficiary designated by the in- authorized agent’.’’. serting ‘‘on’’ before ‘‘November 30, 1999’’. sured, in the order of precedence as des- SEC. 406. ELIMINATION OF REQUIREMENT FOR (3) Section 3695(a)(5) is amended by strik- ignated by the insured, as if the first bene- PROVIDING A COPY OF NOTICE OF ing ‘‘1610’’ and inserting ‘‘1611’’. ficiary had predeceased the insured; and APPEAL TO THE SECRETARY. (b) OTHER AMENDMENTS.— ‘‘(B) if within five years after the death of (a) REPEAL.—Section 7266 is amended by (1) Section 1001(a)(2) of the Veterans’ Bene- the insured, no claim has been filed by a per- striking subsection (b). fits Improvements Act of 1994 (38 U.S.C. 7721 son designated by the insured as a bene- (b) CONFORMING AMENDMENTS.—Such sec- note) is amended by striking ‘‘and’’ at the ficiary and the Secretary has not received tion is further amended— end of subparagraph (C). any notice in writing that any such claim (1) by striking ‘‘(1)’’ after ‘‘(a)’’; (2) Section 12 of the Homeless Veterans will be made, payment of the insurance pro- (2) by redesignating paragraph (2) as sub- Comprehensive Service Programs Act of 1992 ceeds may (notwithstanding any other provi- section (b); (38 U.S.C. 7721 note) is amended in the first sion of law) be made to such person as may (3) by redesignating paragraph (3) as sub- sentence by striking ‘‘to carry out this Act’’ in the judgment of the Secretary be equi- section (c) and redesignating subparagraphs and all that follows in that sentence and in- tably entitled to the proceeds of the policy. (A) and (B) thereof as paragraphs (1) and (2); serting ‘‘to carry out this Act $50,000,000 for ‘‘(2) Payment of insurance proceeds under and fiscal year 2001.’’. paragraph (1) shall be a bar to recovery by (4) by redesignating paragraph (4) as sub- SEC. 409. CODIFICATION OF RECURRING PROVI- any other person.’’. section (d) and by striking ‘‘paragraph SIONS IN ANNUAL DEPARTMENT OF (c) TRANSITION PROVISION.—In the case of a (3)(B)’’ therein and inserting ‘‘subsection VETERANS AFFAIRS APPROPRIA- TIONS ACTS. person insured under subchapter I or II of (c)(2)’’. (a) CODIFICATION OF RECURRING PROVI- chapter 19 of title 38, United States Code, SEC. 407. PILOT PROGRAM FOR EXPANSION OF who dies before the date of the enactment of SIONS.—Section 313 is amended by adding at TOLL-FREE TELEPHONE ACCESS TO the end the following new subsections: this Act, the three-year and five-year periods VETERANS SERVICE REPRESENTA- ‘‘(c) COMPENSATION AND PENSION.—Funds specified in subsection (f)(1) of section 1917 of TIVES. appropriated for Compensation and Pensions title 38, United States Code, as added by sub- (a) PILOT PROGRAM.—The Secretary of Vet- are available for the following purposes: section (a), and subsection (b)(1) of section erans Affairs shall conduct a pilot program ‘‘(1) The payment of compensation benefits 1951 of such title, as added by subsection (b), to test the benefits and cost-effectiveness of to or on behalf of veterans as authorized by shall for purposes of the applicable sub- expanding access to veterans service rep- section 107 and chapters 11, 13, 51, 53, 55, and section be treated as being the three-year resentatives of the Department of Veterans 61 of this title. and five-year periods, respectively, begin- Affairs through a toll-free (so-called ‘‘1–800’’) ‘‘(2) Pension benefits to or on behalf of vet- ning on the date of the enactment of this telephone number. Under the pilot program, erans as authorized by chapters 15, 51, 53, 55, Act. the Secretary shall expand the available and 61 of this title and section 306 of the Vet- SEC. 402. EXTENSION OF COPAYMENT REQUIRE- hours of such access to veterans service rep- erans’ and Survivors’ Pension Improvement MENT FOR OUTPATIENT PRESCRIP- resentatives to not less than 12 hours on TION MEDICATIONS. Act of 1978. each regular business day and not less than ‘‘(3) The payment of benefits as authorized Section 1722A(d) is amended by striking six hours on Saturday. ‘‘September 30, 2002’’ and inserting ‘‘Sep- under chapter 18 of this title. (b) INFORMATION TO BE PROVIDED.—The ‘‘(4) Burial benefits, emergency and other tember 30, 2006’’. Secretary shall ensure, as part of the pilot SEC. 403. DEPARTMENT OF VETERANS AFFAIRS officers’ retirement pay, adjusted-service program, that veterans service representa- credits and certificates, payments of pre- HEALTH SERVICES IMPROVEMENT tives of the Department of Veterans Affairs FUND MADE SUBJECT TO APPRO- miums due on commercial life insurance PRIATIONS. have available to them (in addition to infor- policies guaranteed under the provisions of (a) AMOUNTS TO BE SUBJECT TO APPROPRIA- mation about benefits provided under laws article IV of the Soldiers’ and Sailors’ Civil TIONS.—Effective October 1, 2002, subsection administered by the Secretary) information Relief Act of 1940 (50 U.S.C. App. 540 et seq.), (c) of section 1729B is amended by striking about veterans benefits provided by— and other benefits as authorized by sections ‘‘Amounts in the fund are hereby made avail- (1) all other departments and agencies of 107, 1312, 1977, and 2106 and chapters 23, 51, 53, able,’’ and inserting ‘‘Subject to the provi- the United States; and 55, and 61 of this title and the World War Ad- sions of appropriations Acts, amounts in the (2) State governments. justed Compensation Act (43 Stat. 122, 123), fund shall be available,’’. (c) CONSULTATION.—The Secretary shall es- the Act of May 24, 1928 (Public Law No. 506 (b) TECHNICAL AMENDMENT.—Subsection (b) tablish the pilot program in consultation of the 70th Congress; 45 Stat. 735), and Public of such section is amended by striking para- with the heads of other departments and Law 87–875 (76 Stat. 1198). graph (1) and redesignating paragraphs (2), agencies of the United States that provide ‘‘(d) MEDICAL CARE.—Funds appropriated (3), and (4) as paragraphs (1), (2), and (3), re- veterans benefits. for Medical Care are available for the fol- spectively. (d) VETERANS BENEFITS DEFINED.—For pur- lowing purposes: SEC. 404. NATIVE AMERICAN VETERAN HOUSING poses of this section, the term ‘‘veterans ‘‘(1) The maintenance and operation of hos- LOAN PILOT PROGRAM. benefits’’ means benefits provided to a per- pitals, nursing homes, and domiciliary facili- (a) EXTENSION OF NATIVE AMERICAN VET- son based upon the person’s own service, or ties. ERAN HOUSING LOAN PILOT PROGRAM.—Sec- the service of someone else, in the Armed ‘‘(2) Furnishing, as authorized by law, in- tion 3761(c) is amended by striking ‘‘Decem- Forces. patient and outpatient care and treatment ber 31, 2001’’ and inserting ‘‘December 31, (e) PERIOD OF PILOT PROGRAM.—The pilot to beneficiaries of the Department, including 2005’’. program shall— care and treatment in facilities not under (b) AUTHORIZATION OF THE USE OF CERTAIN (1) begin not later than six months after the jurisdiction of the Department. FEDERAL MEMORANDUMS OF UNDER- the date of the enactment of this Act; and ‘‘(3) Furnishing recreational facilities, sup- STANDING.—Section 3762(a)(1) is amended— (2) end at the end of the two-year period plies, and equipment. (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; beginning on the date on which the program ‘‘(4) Funeral and burial expenses and other (2) by striking ‘‘and’’ after the semicolon begins. expenses incidental to funeral and burial ex- and inserting ‘‘or’’; and (f) REPORT.—Not later than 120 days after penses for beneficiaries receiving care from (3) by adding at the end the following: the end of the pilot program, the Secretary the Department. ‘‘(B) the tribal organization that has juris- shall submit to the Committees on Veterans’ ‘‘(5) Administrative expenses in support of diction over the veteran has entered into a Affairs of the Senate and House of Rep- planning, design, project management, real memorandum of understanding with any de- resentatives a report on the pilot program. property acquisition and disposition, con- partment or agency of the United States The report shall provide the Secretary’s as- struction, and renovation of any facility with respect to direct housing loans to Na- sessment of the benefits and cost-effective- under the jurisdiction or for the use of the tive Americans that the Secretary deter- ness of continuing or making permanent the Department. mines substantially complies with the re- pilot program, including an assessment of ‘‘(6) Oversight, engineering, and architec- quirements of subsection (b); and’’. the extent to which there is a demand for ac- tural activities not charged to project cost.

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.014 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4899 ‘‘(7) Repairing, altering, improving, or pro- modifying any such loan, shall be as defined get the 2.7 percent COLA. The cost for viding facilities in the medical facilities and in section 502 of the Congressional Budget this will be over $400 million in the homes under the jurisdiction of the Depart- Act of 1974 (2 U.S.C. 661a).’’. first year and $543 million over the (2) The table of sections at the beginning of ment, not otherwise provided for, either by next 4 years. In all, the compensation contact or by the hire of temporary employ- such chapter is amended by adding at the ees and purchase of materials. end the following new item: package for the COLA will be $2.5 bil- ‘‘(8) Uniforms or uniform allowances, as ‘‘117. Definition of cost of direct and guaran- lion over 5 years. authorized by sections 5901 and 5902 of title 5. teed loans.’’. Another very important component ‘‘(9) Aid to State homes, as authorized by (c) EFFECTIVE DATE.—Subsections (c) of this bill addresses the lingering ef- section 1741 of this title. through (h) of section 313 of title 38, United fects of service to Persian Gulf War ‘‘(10) Administrative and legal expenses of States Code, as added by subsection (a), and veterans. Many veterans who applied the Department for collecting and recov- section 117 of such title, as added by sub- for disability compensation for poorly- ering amounts owed the Department as au- section (b), shall take effect with respect to funds appropriated for fiscal year 2003. defined illnesses found that a beneficial thorized under chapter 17 of this title and law we adopted in 1994, the Persian Public Law 87–693, popularly known as the The SPEAKER pro tempore. Pursu- Gulf War Veterans Act, had a ‘‘Catch- Federal Medical Care Recovery Act (42 ant to the rule, the gentleman from 22.’’ If a doctor could diagnose the ill- U.S.C. 2651 et seq.). New Jersey (Mr. SMITH) and the gen- ‘‘(e) MEDICAL ADMINISTRATION AND MIS- ness, and the symptoms had not arisen tleman from Illinois (Mr. EVANS) each CELLANEOUS OPERATING EXPENSES.—Funds in service or within 1 year, the claim appropriated for Medical Administration and will control 20 minutes. The Chair recognizes the gentleman was denied. Miscellaneous Operating Expenses are avail- Mr. Speaker, there is an evolution able for the following purposes: from New Jersey (Mr. SMITH). Mr. SMITH of New Jersey. Mr. occurring in medicine today with re- ‘‘(1) The administration of medical, hos- spect to so-called chronic multi- symp- pital, nursing home, domiciliary, construc- Speaker, I yield myself such time as I tion, supply, and research activities author- may consume. tom illnesses. Some of these illnesses, ized by law. Mr. Speaker, as chairman of the such as chronic fatigue syndrome, have ‘‘(2) Administrative expenses in support of Committee on Veterans’ Affairs, I am case definitions that are generally ac- planning, design, project management, ar- very pleased to bring before the House cepted in the medical profession, al- chitectural work, engineering, real property H.R. 2540, as amended, Veterans Bene- though their cause and effect and acquisition and disposition, construction, fits Act of 2001. treatment are unknown. Concerned and renovation of any facility under the ju- This is the fourth major piece of leg- physicians who study and treat many risdiction or for the use of the Department, patients with one or more symptoms including site acquisition. islation that the Committee on Vet- ‘‘(3) Engineering and architectural activi- erans’ Affairs has brought to the floor may not agree that a given set of ties not charged to project costs. this year. Earlier this year, the House symptoms fit one case definition or an- ‘‘(4) Research and development in building passed H.R. 801, the Veterans’ Survivor other. At other times, physicians may construction technology. Benefits Improvements Act of 2001, decide to treat discrete symptoms ‘‘(f) GENERAL OPERATING EXPENSES.—Funds which was signed into law on June 5. without reaching a definitive diag- appropriated for General Operating Expenses This legislation, Public Law 107–14, nosis. This bill provides the expansion are available for the following purposes: expands health and life insurance cov- authority; and my good friend and col- ‘‘(1) Uniforms or allowances therefor. erage for dependents and survivors of league, the gentleman from Idaho (Mr. ‘‘(2) Hire of passenger motor vehicles. veterans. The House also approved H.R. ‘‘(3) Reimbursement of the General Serv- SIMPSON), the chairman of the Sub- ices Administration for security guard serv- 811, the Veterans’ Hospitals Emergency committee on Benefits, will explain ices. Repair Act, which provides $550 million this momentarily in greater detail. ‘‘(4) Reimbursement of the Department of over 2 years to repair and renovate VA Let me also say that this legislation Defense for the cost of overseas employee medical facilities. is the work of a tremendous amount of mail. While this legislation is still await- bipartisanship as well as a great deal of ‘‘(5) Administration of the Service Mem- ing action in the Senate, having passed work by our respective staffs, and I bers Occupational Conversion and Training the House, funding was included in the would like to single out a number of Act of 1992 (10 U.S.C. 1143 note). VA–HUD appropriations bill approved Members. First of all, beginning with ‘‘(g) CONSTRUCTION.—Funds appropriated last night to begin these needed re- for Construction, Major Projects, and for my good friend, the ranking member, Construction, Minor Projects, are available, pairs. the gentleman from Illinois (Mr. with respect to a project, for the following In addition, the House has approved EVANS), who was instrumental in work- purposes: H.R. 1291, the 21st Century Mont- ing on section 2 of this important piece ‘‘(1) Planning. gomery G.I. Bill Enhancement Act, of legislation. He has contributed very ‘‘(2) Architectural and engineering serv- which also is awaiting Senate action. constructively to the shaping of this ices. It provides a 70 percent increase in G.I. bill. ‘‘(3) Maintenance or guarantee period serv- educational benefits to qualifying serv- I would especially like to thank the ices costs associated with equipment guaran- ice members. tees provided under the project. gentleman from Idaho (Mr. SIMPSON), Mr. Speaker, today we bring yet an- as I mentioned before, chairman of the ‘‘(4) Services of claims analysts. other vitally important piece of legis- ‘‘(5) Offsite utility and storm drainage sys- Subcommittee on Benefits, and the tem construction costs. lation to the floor that will provide in- ranking member of the subcommittee, ‘‘(6) Site acquisition. creases in VA compensation payments the gentleman from Texas (Mr. REYES). ‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In to disabled veterans and their sur- I would just note that while the gen- addition to the purposes specified in sub- vivors. tleman from Idaho is only in his second Mr. Speaker, there are more than 2.3 section (g), funds appropriated for Construc- term and is already a subcommittee tion, Minor Projects, are available for— million disabled veterans or survivors chairman, he is not new to policy mak- ‘‘(1) repairs to any of the nonmedical fa- of disabled veterans today receiving ing. Chairman SIMPSON is an accom- cilities under the jurisdiction or for the use compensation who will receive a boost plished lawmaker. As I think many of of the Department which are necessary be- with passage of H.R. 2540, including cause of loss or damage caused by a natural my colleagues know, he served in his more than 170,000 veterans rated 100 disaster or catastrophe; and State legislature for 14 years. His posi- percent disabled who will get an addi- ‘‘(2) temporary measures necessary to pre- tions included majority caucus chair- vent or to minimize further loss by such tional $767 each year added to their existing benefit. man, assistant majority leader in the causes.’’. Idaho House of Representatives; and he (b) DEFINITION.—(1) Chapter 1 is amended I would note parenthetically in the by adding at the end the following new sec- State of New Jersey there are 3,246 dis- served as speaker, for 6 years in the tion: abled veterans with a rating of 100%, Idaho House of Representatives. He is ‘‘§ 117. Definition of cost of direct and guaran- and they, too, will get an additional also a member of the Idaho Republican teed loans $767 in benefits. Party Hall of Fame. We are very fortunate to have him serving as chairman. ‘‘For the purpose of any provision of law b 1230 appropriating funds to the Department for Let me also thank some of the other the cost of direct or guaranteed loans, the Upon enactment of this legislation, Members who worked on this. The gen- cost of any such loan, including the cost of all veterans or qualified survivors will tleman from Florida (Mr. BILIRAKIS),

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.014 pfrm02 PsN: H31PT1 H4900 CONGRESSIONAL RECORD — HOUSE July 31, 2001 who helped shape the final outcome of assures our Nation’s veterans that this Asia. Claims for service-connected compensa- this bill. After markup, some issues re- is a benefit based in law. tion filed by Gulf War veterans were originally mained that were hammered out in a Section 202 of the bill is based on denied because no single disease entity or constructive dialogue. There were some H.R. 1406, which I introduced. It identi- syndrome responsible for these illnesses had lingering issues that needed to be re- fies additional ill-defined or been identified. In providing for compensation solved, and he was instrumental in undiagnosed illnesses or illnesses for due to undiagnosed illnesses or illnesses crafting that compromise. which service-connection is presumed which could not be clearly defined, the Con- Let me also thank the gentleman for Gulf War veterans. Additionally, it gress specifically intended that under Public from Indiana (Mr. BUYER), a Persian lists symptoms or signs that may be Law 103–446, veterans be given the benefit of Gulf War vet himself, who worked on associated. the doubt and provided service-connected this legislation very mightily; the gen- H.R. 2540 authorizes a 2-year pilot compensation benefits. Because of an erro- tleman from Nevada (Mr. GIBBONS), program for expanded toll-free access neous Opinion of VA’s General Counsel, the who intended on offering an extension to veterans’ benefits counselors. This law’s intent has been frustrated and many vet- on the bill—a compromise—extends the provision is derived from the rec- erans have been denied compensation. period by 2 years. I also want to thank ommendations made by the gentleman As many veterans organizations have noted, the gentleman from Mississippi (Mr. from Louisiana (Mr. BAKER), a member both the former Chairman of this Committee SHOWS); and the gentleman from Illi- of the committee, and the gentle- [BOB STUMP] and I have criticized VA’s inter- nois (Mr. MANZULLO), the latter who woman from California (Mrs. CAPPS), a pretation of the term ‘‘undiagnosed illness’’ in had a major bill on Gulf War vets with Member of good standing; and we ap- VA General Counsel Precedent Opinion 8–98 multiple cosponsors, in excess of 200, preciate her work. as extremely restrictive. That opinion held that who was also very instrumental in I am pleased that H.R. 2540 also ex- VA is precluded from providing benefits to vet- shaping this legislation. tends the authority of the VA to make erans who develop symptoms after military Finally, I want to thank our staff: direct home loans to Native Americans service and who receive a diagnostic label, Jeannie McNally, Darryl Kehrer, Paige who live on trust lands. I want to such as ‘‘chronic service fatigue syndrome’’ even for illnesses which are not clearly de- McManus, Devon Seibert, Kingston thank the gentleman from New Mexico fined. Thousands of veterans have had their Smith, Summer Larson, and my good (Mr. UDALL) for introducing similar claims denied because ‘‘chronic fatigue syn- friend and chief counsel, Patrick Ryan. legislation in H.R. 1929. drome’’ or another diagnostic label such as ‘‘ir- Also the minority staff: Beth Kilker, Again, I want to thank the chairman ritable bowel syndrome’’ was provided. Other Debbie Smith, Mary Ellen McCarthy, of the full committee and the chairman veterans with identical symptoms whose phy- and Michael Durishin, who worked and ranking member of the sub- sicians did not attach a diagnostic label have committee for bringing this bill before hard on this bill. I urge support for this had their claims granted. Such disparate treat- us today. I urge all our colleagues to important veterans legislation. ment is unfair and unacceptable. Mr. Speaker, I reserve the balance of support H.R. 2540, as amended. Since there is no known cause for these ill- my time. Mr. Speaker, I rise in strong support of H.R. nesses and no specific laboratory tests to con- Mr. EVANS. Mr. Speaker, I yield my- 2540, the Veterans Benefits Act of 2001. I firm the diagnosis, as a practical matter VA’s self such time as I may consume. commend and thank the distinguished Chair- ability to provide compensation has been lim- I rise in strong support of H.R. 2540, man of the Committee, CHRIS SMITH, for his ited to veterans whose symptoms became the Veterans Benefits Act of 2001; and I leadership in working with members on both manifest during active duty or active duty for commend and salute our distinguished sides of the aisle to bring this measure before training or to veterans whose physician indi- chairman of the committee for his us today. I also want to recognize the new cated that the veterans symptoms were due to leadership in working with the Mem- Chairman of the Subcommittee on Benefits, an ‘‘undiagnosed’’ condition. Section 202 of bers on both sides to bring this meas- Mr. SIMPSON, and the Ranking Democratic H.R. 2540 places the emphasis where Con- ure before us today. I join with him in Member of the Subcommittee on Benefits, Mr. gress originally intended by focusing on the saluting the staff that he has recog- REYES, who contributed to the bill before us symptoms which have had such a disabling nized as well. today. affect on the lives of some Gulf War veterans. I also want to recognize the new I fully support the cost-of-living increase pro- The bill addresses illnesses which are not chairman of the Subcommittee on Ben- vided by Title I of H.R. 2540. The purchasing clearly defined, rather than illnesses whose efits, the gentleman from Idaho (Mr. power of the benefits which our veterans have etiology is not clearly defined. As Dr. Claudia SIMPSON), and the ranking Democratic earned must be maintained and not be dimin- Miller, an experienced medical researcher tes- member of the Subcommittee on Bene- ished because basic living expenses have in- tified at the October 26, 1999, hearing of the fits, the gentleman from Texas (Mr. creased. Our Nation’s veterans have earned Subcommittee on Benefits concerning Persian REYES), who contributed to the bill be- their benefits. It is the obligation of a grateful Gulf War Veterans Issues, ‘‘In medicine, we fore us today. Nation to preserve the purchasing power of will label something with a name, as you are In addition, I want to publicly ac- these benefits and pay them in a timely man- aware, and call it a diagnosis, but it may not knowledge the important contributions ner. convey what the etiology is. There are very of the gentleman from New Mexico As a long time supporter of benefits for vet- few places in medicine where we say what the (Mr. UDALL) and the gentlewoman from erans who have suffered from the effects of etiology is when we give a diagnosis. One of California (Mrs. CAPPS) and others to exposure to herbicides such as Agent Orange, the few is infectious diseases.’’ this legislation. I welcome VA’s recent regulation providing a In focusing on the symptoms of poorly de- As amended, this resolution contains presumption of service-connection for Vietnam fined illnesses, the bill applies to disabilities many provisions important to our vet- veterans exposed to dioxin who now suffer resulting from what is increasingly referred to erans, and I will highlight just a few. from diabetes Mellitus, Type 2. This was the in medical research as ‘‘chronic multisymptom The bill provides an annual cost of right action to take. Now it is time to provide illnesses’’. (See, ‘‘Chronic Multisymptom Ill- living adjustment, effective December a statutory presumption that makes it clear to ness Affecting Air Force Veterans of the Gulf 1, 2001, to recipients of service-con- veterans that their eligibility is protected as a War’’, Fukuda et al, JAMA 1988; 280:981– nected disability compensation and de- matter of law. Section 201 of the bill is based 988, ‘‘Clinical Risk Communication: Explaining pendency and indemnity compensation. on legislation I introduced, H.R. 862. This im- Causality To Gulf War Veterans With Chronic It is the obligation of this grateful Na- portant step will not result in any additional Multisymptom Illnesses’’ Engel, Sunrise Sym- tion to preserve the purchasing power benefit costs, but will assure our Nation’s vet- posium (June 25, 1999) (Found at of these benefits. This COLA will mir- erans of their statutory right. www.deploymenthealth.mil/education/risk ror the COLA received by Social Secu- I also strongly support section 202 of the comm.doc) and ‘‘Multiple Chemical Sensitivity rity recipients. bill, based on H.R. 1406 which I introduced to and Chronic Fatigue Syndrome in British Gulf Section 201 of the bill is the one that overturn a narrow and erroneous opinion of War Veterans,’’ Reid et al, American Journal I introduced. This section provides a the Department of Veterans Affairs (VA) Gen- of Epidemiology, 2001 153:604–609. Veterans statutory basis for a presumption of eral Counsel. Thousands of veterans who must be provided the benefit of the doubt. service-connection for Vietnam vet- were healthy before their service in Southwest VA’s cost estimate for compensating Gulf veterans with Type 2 diabetes who were Asia have experienced a variety of unex- erans who suffer from fibromyalgia, chronic fa- exposed to herbicides. This provision plained symptoms since going to Southwest tigue syndome and irritable bowel syndrome is

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.062 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4901 evidence that claims which Congress intended standards of ethnical conduct for Government ward and urge all members to support H.R. to recognize in its 1994 legislation are being employees.’’ 2540. denied under present law. Section 203 of H.R. 2540 is intended to Mr. Speaker, I reserve the balance of The handling of claims based on remedy this dilemma and provide the VA with my time. undiagnosed illnesses continues to be prob- the authority needed to enable veterans to Mr. SMITH of New Jersey. Mr. lematic. Current VA policy requires VA to con- participate in medical research studies, without Speaker, I yield 4 minutes to the gen- sider symptoms attributed to a diagnosed con- fear that their benefits will be placed in jeop- tleman from Idaho (Mr. SIMPSON), the dition under whatever rating is appropriate and ardy. Absent such authority, there is a very distinguished chairman of the Sub- to also give full credence to symptoms which real risk that veterans will be caught in a committee on Benefits. cannot be attributed to any of the diagnosed ‘‘Catch-22’’ situation. Without adequate re- Mr. SIMPSON. Mr. Speaker, I thank illnesses. In some cases, adjudicators in VA search, it may not be possible to demonstrate the gentleman for yielding me this Regional Offices have failed to follow VA pol- an association between service in Southwest time and for his kinds words; and I am icy. I hope that by expanding the coverage of Asia and specific rare illnesses experienced proud to rise in support of H.R. 2540, service-connection to illnesses which cannot by a small number of Gulf War veterans. If the the Veterans Benefits Act of 2001. This be clearly defined, VA adjudicators will make research is inadequate, deserving veterans bill comprises several of the bills we fewer such errors. may be denied compensation. Medical re- took testimony on in the Sub- I regret that having expended so much of search serves an important humanitarian goal, committee on Benefits on July 10 as our Nation’s resources on a large tax cut, we by furthering knowledge concerning human well as administrative provisions af- lack the funding to make this provision effec- diseases and treatment. Veterans who partici- fecting the Court of Appeals for Vet- tive until April 1, 2002. There is one and only pate in such research, without any likelihood erans Claims, all of which we marked one reason for not making this provision effec- of direct benefit to their own lives, deserve to up in subcommittee on July 12. tive upon enactment and even retroactive to be protected, not punished, for their humani- I will briefly outline the various pro- the date of the original legislation. Having tarian spirit. By preserving the service con- visions of the bill, which makes an spent our Nation’s ‘‘surplus’’ on large tax cuts nected character of the veteran’s disabilities, array of improvements to veterans ben- for the wealthiest Americans, we have to they and their survivors would qualify for com- efits programs. search for nickels and dimes to meet our debt pensation and dependency and indemnity Title I would provide a cost of living to our Nation’s disabled veterans. This is a compensation (DIC) benefits. adjustment, already mentioned, effec- disgrace, but it is the result with which we are I am also pleased that the bill addresses tive December 1, 2001, to the rates of now forced to live. concerns expressed by Mrs. CAPPS and Mr. disability compensation for veterans I understand the concerns raised by those BAKER concerning VA’s toll-free telephone with service-connected disabilities and who believe the presumptive period for service. The proposed pilot project should pro- the rates of dependency and indemnity undiagnosed illnesses should be extended. vide veterans with improved access to VA em- compensation. As the committee has Except for members of the Guard and Re- ployees for those questions which cannot be done in the past, the rate of increase serve who, though not assigned to the Gulf handled by VA’s automated telephone system. will be the same as the Social Security have suffered adverse effects following the ad- This is particularly important for the growing COLA increase. ministration of anthrax and other vaccines population of elderly veterans and survivors, On July 9, the Department of Vet- while on inactive duty for training. I am not who may have difficulty navigating through the erans Affairs issued final rules adding aware of any cases where symptoms of high-tech world of automated telephone sys- Type 2 diabetes to the regulatory list undiagnosed illnesses have recently become tems. I expect that this pilot program will proof service-connected illnesses presumed manifest. I am also not aware of any vide us with valuable information concerning to be associated with exposures to the servicemembers recently assigned to the Gulf VA’s ability to handle telephonic inquiries. herbicide agents in Vietnam. VA based having experienced symptoms of undiagnosed Likewise, I strongly support the provisions in its decision on recent findings by the illnesses, chronic fatigue syndrome or H.R. 2540 that are derived from H.R. 1929 in- National Academy of Sciences. Section fibromyalgia. However, because this may troduced by TOM UDALL and myself to extend 201 of this bill codifies the VA regula- exist, I do not oppose the two-year extension the pilot program providing direct home loans tions. of time contained in the Manager’s amend- to veterans residing on tribal lands. It is critical The remaining sections of title 2 ad- ment. Although I hope that no disabilities with that this Congress continued to recognize the dresses issues unique to Persian Gulf a long latency period such as cancer or other important differences between homes on tribal War veterans. They indeed are selfless illnesses will result from Gulf Service, I will land and conventional home loans under individuals who went into harm’s way support a presumption of service-connection if Anglo-American legal principles of real prop- to fight tyranny. About 12,000 of our and when certain disabilities are determined to erty. This bill provides another home owner- 714,000 service members who served in be more prevalent in Gulf veterans than com- ship option to Native American veterans resid- the Gulf suffer from hard-to-diagnose parable populations. ing on tribal lands. illnesses. Section 203 of H.R. 2540 gives the Sec- H.R. 2540 also contains provisions derived Section 202 would expand the defini- retary of Veterans Affairs the authority to pro- from H.R. 2222, introduced by Mr. FILNER and tion of undiagnosed illnesses to include tect the service connection of veterans receiv- H.R. 2359, introduced by Chairman SMITH and fibromyalgia, chronic fatigue syn- ing compensation benefits. Last year, Con- myself. VA should not be holding monies drome, and chronic multi-symptom ill- gresswoman CAPPS and I became aware that which could be distributed to the beneficiaries nesses for the statutory presumption of VA was having difficulty in recruiting veterans or heirs of a veteran when the primary bene- service connection, as well as for other to participate in a VA-sponsored research ficiary cannot be located. VA should make illnesses that cannot be clearly de- study concerning the prevalence of every effort to assure that the rightful or equi- fined. This section also lists signs and Amyotrophic Lateral Sclerosis (ALS or Lou table beneficiaries of these interests receive symptoms that may be a manifestation Gehrig’s Disease) in Gulf War veterans. Be- the funds to which they are entitled. of an undiagnosed illness. cause ALS is such a rare disease, the validity Section 406 of H.R. 2540 would eliminate I would like to take this opportunity of the study required that as many veterans as the requirement that veterans filing an appeal to thank the gentleman from Illinois possible with this condition be identified. A with the U.S. Court of Appeals for Veterans (Mr. MANZULLO), the gentleman from number of veterans refused to participate in Claims also notify the VA. This requirement Mississippi (Mr. SHOWS), and the gen- the study because they were currently receiv- has apparently caused confusion among ap- tleman from Florida (Mr. BILIRAKIS) ing service connected compensation benefits pellants and caused some to be denied their for their work, and the gentleman from attributed to an undiagnosed illness. If ALS right to appeal a decision to the court in a Texas (Mr. REYES) for working with me were to be diagnosed, the veteran would lose timely manner. Since current court rules re- on this provision. those benefits. In response to a joint request quire the U.S. Court of Appeals for Veterans Section 203 would grant the Sec- from Mrs. CAPPS, Mr. STEARNS, Mr. BILIRAKIS Claims to notify the Secretary of Veterans Af- retary the authority to protect the and myself to protect the benefits of the ALS fairs when an appeal is documented, sufficient service-connected grant of a Persian study participants, former Acting Secretary notice would be provided to the Secretary with Gulf war veteran who participates in a Gober stated in an October 19, 2000, letter, the elimination of this requirement. Department-sponsored medical re- ‘‘there is simply no viable way to provide such I thank the Chairman and Ranking Member search project. It is the committee’s protection consistent with existing law and of the Subcommittee for bringing this bill for- intention that this provision will

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.026 pfrm02 PsN: H31PT1 H4902 CONGRESSIONAL RECORD — HOUSE July 31, 2001 broaden participation in vital sci- for his support and counsel in my first at least 6 months. It is my under- entific and medical studies. few weeks as chairman of this sub- standing that thousands of Gulf War Section 204 would expand to Decem- committee. veterans have had claims denied be- ber 31, 2003 the presumptive period for Lastly, we would not be considering cause their symptoms were attributed providing compensation to veterans this bill if it were not for the wisdom to a diagnosis of chronic fatigue syn- with undiagnosed illnesses. This au- and foresight of the gentleman from drome. Most of these war veterans thority expires at the end of this year. New Jersey (Mr. SMITH), chairman of would be eligible for benefits provided And I would like to thank the gen- the full committee, and the ranking by this bill as of April 1, 2002. tleman from Florida (Mr. GIBBONS) and member, the gentleman from Illinois I deeply regret that the large tax cut the gentleman from Indiana (Mr. (Mr. EVANS). These two gentlemen have recently signed into law leaves no BUYER) for their work with us on this served together on the Committee on funds available to make this provision issue. Veterans’ Affairs for some 20 years, and effective any sooner. I would prefer Title 3 would provide greater admin- I appreciate their leadership. that this bill provide those benefits and istrative flexibility to the U.S. Court of Mr. Speaker, H.R. 2540 is a strong be effective as of November 2, 1994, Appeals for Veterans Claims so that bill; and I urge my colleagues support when the original law was passed. registration fees paid to the court of it. b 1245 might be used in connection with prac- Mr. EVANS. Mr. Speaker, I yield 5 Nonetheless, I recognize that under titioner disciplinary proceedings and in minutes to the gentleman from Texas the financial constraints that we must support of bench and bar and veterans’ (Mr. REYES). now live with, there is no money to law educational activities. Title 3 also Mr. REYES. Mr. Speaker, I thank the provide for an earlier effective date. authorizes the collection of registra- gentleman for yielding me this time. Sick Gulf War veterans deserve the tion fees for other court-sponsored ac- As an original cosponsor and strong compensation provided by this bill. tivities where appropriate. supporter of H.R. 2540, the Veterans Mr. Speaker, I would also like to Section 401 would give the VA the au- Benefits Act of 2001, I am pleased that state that I support the manager’s thority to make a payment of life in- we are moving forward to assure a cost amendment extending until December surance proceedings to an alternate of living increase for our Nation’s dis- 31, 2003, the period in which Gulf War beneficiary when the primary bene- abled veterans and their families, and veterans may manifest symptoms ficiary cannot be located within 3 the other benefits provided in this leg- qualifying for compensation as an years. Currently, there is no time limi- islation as well. The sooner the bene- undiagnosed illness. The measure be- tation for the first-named beneficiary fits provided in this bill can be enacted fore us moves us towards the goal of of a national service life insurance or into law, I believe the better. meeting the needs of our sick Gulf War United States Government life insur- I want to acknowledge the coopera- veterans in a responsible manner. ance policy to file a claim. As a result, tion of our chairman and ranking Again, I want to thank the chairman, VA is required to hold the unclaimed member, the gentleman from New Jer- the ranking member and the chair of funds indefinitely. Section 402 would sey (Mr. SMITH) and the gentleman the Subcommittee on Benefits for their extend the copayment requirement for from Illinois (Mr. EVANS), as well as leadership and their vision to our Na- a VA outpatient prescription medica- our new subcommittee chair, the gen- tion’s veterans. tion to September 30, 2006 from Sep- tleman from Idaho (Mr. SIMPSON), in H.R. 2540 is a good bill and I urge all tember 30, 2002. moving this bill forward. I appreciate the Members to support it. Section 403 would make the avail- their commitment and leadership to Mr. SMITH of New Jersey. Mr. ability of funds from VA’s Health Serv- the benefits accorded to our veterans. Speaker, because of great interest and ices Improvement Fund subject to the I want to highlight the provisions ad- the number of speakers on H.R. 2540, I provisions of the appropriations acts. dressing the needs of Gulf War vet- ask unanimous consent that we have Section 404 would extend the Native erans. A new report of the Institute of an additional 10 minutes equally di- Americans Veteran Housing Loan Pilot Medicine acknowledges that symptoms vided between the majority and minor- program to 2005. experienced by Gulf War veterans have ity. Section 405 would modify the loan as- a significant degree of overlap with The SPEAKER pro tempore (Mr. RYAN of Wisconsin). Is there objection sumption notice requirement. symptoms of patients diagnosed with Section 406 would eliminate the need conditions such as fibromyalgia, chron- to the request of the gentleman from for a claimant to send a copy of a no- ic fatigue syndrome, and irritable New Jersey? There was no objection. tice of appeal to the Secretary. Re- bowel syndrome. Mr. SMITH of New Jersey. Mr. When legislation was originally moval of this notice requirement would Speaker, I yield 3 minutes to the gen- not impair VA’s ability to receive no- passed to provide service-connected tleman from Indiana (Mr. BUYER). tice of the filing of an appeal and to re- compensation benefits to our Nation’s Mr. BUYER. Mr. Speaker, I rise in spond to those who are properly filed Gulf War veterans, it was the intent of strong support of the Veterans Benefits with the court. Congress that those who were experi- Act of 2001. I also wish to extend my Finally, section 407 would establish a encing these symptoms, such as fa- compliments to the chairman, the gen- 2-year nationwide pilot program re- tigue, joint pain, and others noted in tleman from New Jersey (Mr. SMITH) quiring the Secretary to expand the the recent IOM report, would be com- and the gentleman from Illinois (Mr. available hours of the VA’s 1–800 toll- pensated. Unfortunately, VA’s General Evans); also the gentleman from Idaho free information service and to assess Counsel ruled that only veterans whose (Mr. SIMPSON) and the gentleman from the extent to which demands for such symptoms did not carry a diagnostic Texas (Mr. REYES) and also recognition service exists. This pilot would provide label would be compensated. Currently, to my Gulf War comrade, the gen- information on veterans benefits and VA’s ability to receive compensation tleman from Nevada (Mr. GIBBONS). services administered by all Federal depends on the happenstance of wheth- I am especially pleased with the com- departments and agencies. er or not the examining physician at- pensation provision for Vietnam and I would like to thank the gentleman tributes a diagnostic label to the symp- Gulf War veterans. For too long the from Louisiana (Mr. BAKER) and his toms. This is unfair to our Nation’s Vietnam veterans have been waiting staff for working with the sub- veterans and must be changed. for VA to recognize illnesses like dia- committee on this provision, along The Gulf War provisions of H.R. 2540 betes melitus for compensation and with the gentlewoman from California place the emphasis where it was origi- pension benefits. (Mrs. CAPPS) for her testimony that nally intended by focusing on the I also clearly recall as a freshman in she submitted at the subcommittee’s symptoms experienced by Gulf War this Chamber in the 103rd Congress, it July 10 hearing. veterans rather than a particular label having only been a few months since I Mr. Speaker, I also want to thank a which may be attributed to them. The returned from the Persian Gulf, having real gentleman, the gentleman from term chronic multi-symptom illness is to fight for my colleagues just to re- Texas (Mr. REYES), the ranking mem- intended to include veterans who expe- ceive their medical attention as a re- ber of the Subcommittee on Benefits, rience more than one symptom lasting sult of military service.

VerDate 30-JUL-2001 04:50 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.064 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4903 The concerns and appreciation of the provisions must be delayed until April action to improve benefits our Nation’s country for their service was real, but 1, 2002. Once again, the reason for this veterans have earned. As my colleagues the medical science to link causation is because this Congress enacted a tax know, we have been concerned about to service in the Gulf War was severely plan first, before the budget. So we the appalling 75 percent rate at which lacking. have to live within the context of a Gulf War veterans suffering from In 1994, I recall Joe Kennedy and the budget which was greatly restricted undiagnosed illnesses have been denied gentleman from Illinois (Mr. EVANS) and restrained to us. So having spent compensation from the VA. and myself introducing something very this surplus, we are unable to promptly Earlier this year, I introduced H.R. radical. It was called compensation for pay our debt to our Nation’s Gulf War 612, the Persian Gulf War Compensa- an undiagnosed illness. As we were veterans. I find this deplorable, but we tion Act of 2001 with two other out- downsizing the military, we wanted to are under these congressional rules. standing advocates for veterans, the make sure that these Gulf War vet- Of course, because this bill improves gentleman from Illinois (Mr. MAN- erans received their medical attention, benefits for our veterans, I urge my ZULLO) and the gentleman from Cali- yet they were also in economic dire colleagues to vote for H.R. 2540. I fornia (Mr. GALLEGLY). This legislation straits. So we also wanted to make thank the chairman for another strong garnered strong bipartisan support sure their families were taken care of bill. from over 225 Members of Congress. I as we then focused and put millions of Mr. SMITH of New Jersey. Mr. am pleased to say that the gentleman dollars into medical research to press Speaker, I yield 2 minutes to the gen- from New Jersey (Mr. SMITH), the gen- the bounds of science. tleman from Illinois (Mr. MANZULLO). tleman from Illinois (Mr. EVANS) and The VA then struggled with our ini- Mr. MANZULLO. Mr. Speaker, 10 my fellow subcommittee members tiatives. What they then learned was, years ago a patriot from Freeport, Illi- helped us on some provisions in this simply put, that the VA over the last nois, named Dan Steele went off to war bill that are key to provisions in H.R. several years has narrowly interpreted in Iraq to fight for the American people 612. congressional intent to provide for sick and protect the freedoms this country The Veterans Benefit Act of 2001 will veterans with disability compensation has known for more than 200 years. now clarify VA standards for com- that they so dearly earned and should During the buildup in the Gulf, Dan’s pensation by recognizing fibromyalgia, receive. leg was fractured by an Iraqi soldier’s chronic fatigue syndrome, multiple The VA failed to consider illnesses apparent suicide attack. Over the next chemical sensitivity, and other ail- like fibromyalgia, chronic fatigue syn- 8 years, Dan suffered from various con- ments, or poorly defined illnesses asso- drome, and chronic multisymptom ill- ditions shared by many in the Gulf ciated with Gulf War service. nesses and other illnesses that cannot War. Additionally, this bill extends the be clearly defined as having been at- In May of 1999, Dan succumbed to his presumptive period for undiagnosed ill- tributed to service in the Persian Gulf. illnesses and passed away. The county nesses to December 31, 2003. This is a I am especially pleased that this bill coroner listed ‘‘Gulf War Syndrome’’ as true victory for the veteran. will include a list of symptoms that a secondary cause on his death certifi- Mr. Speaker, these veterans put their the VA must recognize as being a man- cate. lives on the line to protect, defend and ifestation of an undiagnosed illness. Shortly after Dan’s funeral, I dis- advance ideals of democracy, and our This bill will help clarify Congress’s patched Al Pennimen, a retired judge American way of life by serving the intent with regards to the benefits of on my staff, to contact his widow, United States military. They answered sick Persian Gulf War veterans. I fully Donna. She vowed to Dan to do what- the call. We have a duty to answer support this bill and look forward to ever she could to help other Gulf War them. Vote for this bill. It is the right referring the measure to the Senate. veterans suffering from mysterious ail- thing to do. Mr. EVANS. Mr. Speaker, I yield 2 ments. Her story moved me to intro- Mr. SMITH of New Jersey. Mr. minutes to the gentleman from Cali- duce legislation, H.R. 612, that now has Speaker, I yield 2 minutes to the gen- fornia (Mr. FILNER). the support of over 225 Members of tleman from Louisiana (Mr. BAKER). Mr. FILNER. Mr. Speaker, I thank Congress. A companion bill has been Mr. BAKER. Mr. Speaker, all too the Chair and the ranking member for introduced in the Senate by Senator often we pick up the telephone and dial bringing us H.R. 2540, the Veterans KAY BAILEY HUTCHINSON. I am pleased a 1–800 number or dial a business enter- Benefit Act. I would like to briefly call to announce that significant portions prise and we are, by computer, ref- attention to another provision which of H.R. 612 are included in this benefits erenced from department to depart- will provide fairness for our Nation’s package today. ment to department, and often are not veterans. I thank the gentleman from New Jer- even able to communicate with an- The VA currently holds about 4,000 sey (Mr. SMITH) and members of the other human being to get an answer to national life insurance and U.S. Gov- Committee on Veterans Affairs for our very simple question. ernment life insurance policies valued strengthening the part of the bill that Most of us see that simply as an ag- at about $23 million on which payment provides enhanced benefits for ailing gravation, but when it happens to a has not been made. Why is this? Be- Gulf War veterans. These provisions veteran of military service when call- cause the VA has been unable to locate will allow more sick veterans to qual- ing on his country to have a question the person identified as the beneficiary ify for compensation by expanding the answered, it is an insult. That is why I following the death of the veteran. list of eligible illnesses, adding strong am grateful for the inclusion of a pilot I introduced recently a bill, H.R. 2222, report language on multiple chemical program for 2 years which makes an ef- regarding this problem, and I am sensitivity, codifying 13 possible symp- fort to have a 1–800 veterans number. pleased that this provision to permit toms, and extending by 2 years the Amazingly, we will have a human being the VA to pay an alternate beneficiary, time period during which these symp- on the end of that phone. It is a long if the primary beneficiary cannot be lo- toms may arise. overdue service, and I think we should cated within 3 years of the death of the Mr. Speaker, I urge my colleagues to explore the potentials. It may be insured veteran, has been included in vote in favor of H.R. 2540. It goes a long fraught with difficulty and difficult to H.R. 2540. I know this provision will way towards fulfilling the promises we perfect, but there is one thing that is benefit the families of many, many, have made to our veterans. for sure: The veterans who have given many veterans. Mr. EVANS. Mr. Speaker, I yield 2 to this country are at least deserving I also support the expanded defini- minutes to the gentleman from Mis- of respectful treatment. tion which will allow Gulf War vet- sissippi (Mr. SHOWS). Mr. Speaker, I thank my colleagues erans to obtain service-connected com- Mr. SHOWS. Mr. Speaker, I am proud for taking this step towards what I pensation for chronic multisymptom to be a member of the Committee on think is an appropriate action for the illnesses such as chronic fatigue syn- Veterans Affairs and to show my veterans of our country. drome. strong support for H.R. 2540, the Vet- Mr. EVANS. Mr. Speaker, I yield 2 Like the gentleman from Texas (Mr. erans Benefits Act of 2001. This impor- minutes to the gentleman from Texas REYES) before me, I am upset that the tant legislation will take meaningful (Mr. RODRIGUEZ).

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.068 pfrm02 PsN: H31PT1 H4904 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Mr. RODRIGUEZ. Mr. Speaker, while SMITH) for his leadership. He has been I urge my colleagues to support this we have a long way to go, the Veterans aggressive and assertive in rep- bill. Benefit Act is a step in the right direc- resenting veterans across this country Mr. Speaker, I rise today in strong support tion. The compensation legislation be- and in my State of Mississippi. of H.R. 2540, the Veterans Benefits act of fore us would streamline the rating Secretary Principi has done a tre- 2001. As an original cosponsor, I am proud to system of certain service-connected ill- mendous job. We are making progress speak on behalf of this important legislation. nesses, as well as provide a cost-of-liv- because we know to recruit and retain First, I would like to thank Mr. SIMPSON, the ing adjustment to those receiving dis- the young people today in our military Chairman of the Subcommittee on Benefits ability compensation benefits. force, we must show the care and the and Mr. REYES, the Ranking Member for their As a member of the committee, I am commitment, the respect and the ap- excellent leadership on the issue of improving proud to join the bipartisan efforts to preciation to the veterans who served services for our nation’s veterans. I would also improve the quality and deliver the yesterday. like to commend Mr. SMITH, Chairman of the veterans benefits program. Veterans This bill, along with H.R. 1291, the full Committee and Mr. EVANS, the Ranking should not be left wondering if the Fed- Montgomery GI bill, is a significant Member for their leadership. eral Government is going to fulfill its step in the right direction, and for that This bill offers several important initiatives to promise. Those who have received serv- I give great support and commendation improve the lives of our veterans. I am espe- ice-connected disability benefits can to the committee and to the chairman cially pleased about the inclusion of the provi- expect a cost-of-living benefit. So can and to the other Members and to this sions in Sec. 203 and Sec. 407. I am pleased their survivors. For Vietnam veterans bill. to have worked closely with the Subcommittee who were exposed to Agent Orange and on these two critical areas. now suffer from diabetes, the Veterans b 1300 Sec. 203 would eliminate a classic ‘‘Catch- Benefit Act acknowledges their entitle- Mr. EVANS. Mr. Speaker, I yield 2 22’’ situation faced by our veterans and the ment to service-connected disabilities minutes to the gentlewoman from Cali- VA in medical research studies and is based benefits. fornia (Mrs. CAPPS). on legislation, H.R. 1406, the Gulf War In addition, Gulf War veterans suf- (Mrs. CAPPS asked and was given Undiagnosed Illness Act of 2001, Representa- fering from ill-defined illnesses which permission to revise and extend her re- tive Evans and I introduced earlier this year. modern medical technology cannot marks.) Under the current scenario, veterans who are really diagnose, the Veterans Benefit Mrs. CAPPS. Mr. Speaker, I rise in being compensated on the basis of an Act will likewise extend the presump- strong support of this bill. I want to ‘‘undiagnosed illness’’ and who participate in a tion of service connections. Veterans thank the gentleman from New Jersey VA-sponsored medical research study, could who suffer from disabilities should not (Mr. SMITH) and the gentleman from Il- lose their benefits if they are ‘‘diagnosed’’ with be abandoned and their disabilities linois (Mr. EVANS) for their leadership a non-service related condition during the should not be ignored simply because on this important legislation. course of the study. doctors cannot diagnose the causes. I wish to highlight a couple of provi- Last year, VA personnel told me about their Finally, I am supportive of a 2-year sions contained in H.R. 2540 that I have concerns that if veterans declined to partici- nationwide pilot program to include in worked on for some time. The first pro- pate in a study because of the risk of losing the bill expansion of the availability of vision would end a Catch-22 faced by benefits, the data may be insufficient and hours of the VA 1–800 toll-free informa- vets and VA researchers. Currently render the study unusable. These concerns tion service. Veterans worked around vets can lose benefits for an were raised in connection with a study being the clock for us, and they deserve for ‘‘undiagnosed illness’’ if participation done last year to determine a possible con- us to do the same for them. Our free- in a VA study determines the illness nection between ALS and service in the Gulf doms did not come free, and for vet- and it is not service connected. This War. This legislation would give the VA the au- erans the physical and psychological issue was brought to my attention last thority to protect compensation for wounds of the war do not go away. year. VA researchers told me of con- undiagnosed illnesses when the VA deter- I want to take this opportunity to cerns that some vets might not partici- mines that such protection is needed to en- thank the gentleman from New Jersey pate in an ongoing study to look at sure adequate participation by veterans in VA- (Mr. SMITH) for his hard work, and that possible connections between Gulf War sponsored medical research. This guarantee of my distinguished colleague, the gen- service and Lou Gehrig’s disease. I is particularly important for research that re- tleman from Illinois (Mr. EVANS), the learned that some vets feared losing quires a high level of participation to achieve ranking member. needed benefits by participating in the Mr. SMITH of New Jersey. Mr. valid findings. I would again like to commend study. This lack of participation could Speaker, I yield 2 minutes to the gen- Ranking Member EVANS for his leadership in compromise an important study that tleman from Mississippi (Mr. PICK- this area. could benefit vets and all people suf- ERING), who carries on the tradition of Sec. 407 of this bill establishes a pilot pro- our former chairman, Mr. Montgomery. fering from Lou Gehrig’s disease. H.R. gram at the VA to expand access to veterans Mr. PICKERING. Mr. Speaker, I rise 2540 fixes this problem by letting VA benefits counselors. Under the bill, the hours in strong support of H.R. 2540, the Vet- protect compensation in such cases. would be expanded to no less than 12 hours erans Benefit Act. Today we have This provision is based on a bill the a day, Monday through Friday and no less 250,000 veterans in Mississippi; 54,000 gentleman from Illinois (Mr. EVANS) than six hours on Saturday. This expansion of are World War II veterans, 77,000 are and I introduced earlier this year. access is essential to provide our veterans Vietnam veterans, 39,000 served in H.R. 2540 also contains provisions to with the services that they richly deserve. Korea, and 33,000 are Gulf War vets. temporarily expand hours for VA’s toll- I am proud to have authored H.R. 1435, the This bill provides them compensation free information lines to at least 12 Veterans Emergency Telephone Service Act benefits and COLA. hours a day Monday through Friday of 2001. This bill would address the pressing It recognizes the 33,000 Gulf War vet- and 6 hours on Saturday. I have a lot of need of some of our nation’s veterans for 24 erans and gives them an extension of interest in this subject having intro- hour access to crisis intervention services. the presumptive period to recognize duced legislation for the last 2 years By virtue of their service and sacrifice on the mysterious illnesses that they re- which would operate information lines behalf of this nation, our veterans deserve the turned with, and provides them we 24 hours a day, 7 days a week. My bill very best support services we can provide. hope with the care they have so richly would also get the information line to Such moments don’t always occur during busi- earned. include crisis intervention services. I ness hours, Monday through Friday. The bill It provides for a great new pilot pro- am very pleased that the committee before us takes critical steps to fulfill our obli- gram to provide information, as the has included provisions to keep this in- gation to our veterans. gentleman from Louisiana (Mr. BAKER) formation line open longer hours. It I look forward to continuing to work closely mentioned, a voice-to-voice, a person- will make it easier for vets to get in- with the Committee on ways in which vet- to-person providing the care they need formation on the benefits that they erans’ access to telephone service can be im- to get the care they deserve. have earned. I look forward to working proved and expanded even more in its hours Mr. Speaker, I want to commend the with the committee as we follow up on of availability and the services offered. I gentleman from New Jersey (Mr. this important pilot program. strongly urge an aye vote on H.R. 2540.

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.071 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4905 Mr. SMITH of New Jersey. Mr. ple that just cannot stop themselves veterans to include fibromyalgia, chronic fa- Speaker, I yield 2 minutes to the dis- from partisan shots, and they need to tigue syndrome and chronic multi-symptom ill- tinguished gentleman from New York be answered. ness for the statutory presumption of service- (Mr. GILMAN), the chairman emeritus The gentleman from California said connection. The legislation also extends the of the Committee on International Re- there is not enough money for veterans presumptive period for Persian Gulf illnesses, lations. because we spent the surplus in tax re- which is scheduled to expire at the end of this (Mr. GILMAN asked and was given lief. First of all, surplus is defined as year, until December 31, 2003. permission to revise and extend his re- the amount of money above what it When Veterans’ Affairs Committee consid- marks.) needs to run the Government with a 4 ered H.R. 2540, Members of the Committee Mr. GILMAN. Mr. Speaker, I thank to 6 percent increase. That is what this had some concerns about the provisions per- the gentleman for yielding me this committee has done. taining to Persian Gulf veterans. I was pleased time. I am pleased to rise today in Secondly, the 124 deployments, $200 that we were able to sit down and work out strong support of H.R. 2540, the Vet- billion cost destroying our military these differences so the House could proceed erans Benefits Act of 2001. I ask our and our ability to fund things like the with this important legislation. colleagues to join in full support of this veterans, $200 billion under the peace- I urge my colleagues to support the Vet- important legislation. keeping deployments of Bill Clinton. erans’ Benefits Act of 2001. Mr. Speaker, the House typically Recently, the ranking minority mem- Mr. GALLEGLY. Mr. Speaker, I rise in sup- passes a general veterans benefits bill ber says, ‘‘Well, this is a good step but port of the Veterans Benefits Act of 2001, a each year. H.R. 2540 represents this we have got a long way to go.’’ The measure that will improve veterans’ benefits, especially for our veterans who became ill as year’s benefit legislation providing sev- gentleman from Missouri, the minority eral important improvements to exist- a result of their service in the Gulf War. leader, recently said that raising taxes Mr. Speaker, I am pleased to say that the ing programs. I want to thank the dis- in 1993, he was proud of it when the Veterans Benefits Act of 2001 contains many tinguished gentleman from New Jersey Democrats had control of the White important provisions from H.R. 612—the Per- (Mr. SMITH) for all the good work he is House, the House and the Senate, and sian Gulf War Illness Compensation Act— doing for our veterans throughout the he would do it again. which I introduced with my colleagues Con- country. I think it is right to point out what gressmen DON MANZULLO and RONNIE SHOWS. First, this bill provides for the an- those taxes were. The first part of Since the end of the Gulf War, the Veterans nual cost-of-living adjustment to the those taxes were to cut the COLAs of Administration has denied nearly 80 percent of rates of disability compensation for the veterans. The second part was to all sick Gulf War veterans’ claims for com- those veterans with service-connected cut the COLAs of the military. That is pensation. In the view of many, including the disabilities. This new rate will go into the wrong direction. The third was to National Gulf War Resource Center, the Vet- effect in December of this year. Con- increase the tax on the middle class erans’ Administration has employed too strict gress has approved an annual cost-of- which affected military and the vet- a standard for diagnosing Gulf War Illness. living adjustment to these veterans erans. The fourth was to increase taxes In response, the Veterans Benefits Act in- and survivors since 1976. on Social Security and then take every cludes a critical two-year extension for Gulf Second, this legislation adds type II dime out of the Social Security Trust War veterans to report and be compensated diabetes to the list of diseases pre- Fund which raises the debt which vet- for Gulf War Illness. In addition, the bill in- sumed to be service connected in Viet- erans and military have to pay for. cludes a comprehensive list of symptoms that nam veterans exposed to herbicide So yes, I think we are going in the constitute Gulf War Illness. The measure also agents. It also greatly extends the defi- right direction. We do have a long way expands the definition of undiagnosed illness nition of undiagnosed illnesses for Per- to go. Let us analyze what is the rea- to include fibromyalgia and chronic fatigue sian Gulf War veterans and authorizes son why we do not have the dollars to syndrome as diseases that are compensatible, the Secretary of Veterans Affairs to put forward that we really need. We diseases often mistakenly attributed to Gulf protect the grant of service connection have had 124 deployments taxing our War veterans. of Gulf War veterans who participate in veterans and our military. That is why I want to personally thank Chairman SMITH VA-sponsored medical research I laud both sides of the aisle now for in- and the members of the Veterans’ Affairs projects. These are long overdue bene- creasing those funds. Committee in working with me and Congress- fits. It also extends the presumptive Mr. BILIRAKIS. Mr. Speaker, as an original men MANZULLO and SHOWS in getting this crit- period for providing compensation to sponsor, I rise in strong support of H.R. 2540, ical language included in this bill. When we Persian Gulf veterans with the Veterans’ Benefits Act of 2001. move into conference, I hope that we continue undiagnosed illnesses to December 31, One of the most important bills the Con- to work to strengthen some of these provi- 2003. gress approves each year is legislation pro- sions, including further extending the date of Mr. Speaker, many of our veterans viding disabled veterans an annual cost-of-liv- Gulf War veteran can be compensated for from the Vietnam and Gulf Wars went ing adjustment (COLA). H.R. 2540 provides a Gulf War related symptoms. years suffering from undiagnosed ail- COLA, effective December 1, 2001, to dis- As one of the original cosponsors of the 1991 resolution to authorize then-President ments while receiving neither recogni- abled veterans and the surviving spouses of Bush to use force in the Persian Gulf, I be- tion nor treatment from the veterans veterans who are receiving Dependency and lieve we must go the extra mile to take care health care system. During the past 10 Indemnity Compensation (DIC). As in previous of the men and women who went to war years, the Congress made great strides years, these deserving men and women will against Iraqi dictator Saddam Hussein and are in recognizing the special cir- receive the same COLA that Social Security now suffering from these unexplained and cumstances surrounding the post-serv- recipients will receive. I am pleased that we devastating ailments. ice experiences of these veterans. This are acting to provide disabled veterans and Many of those suffering from Gulf War Ill- bill is an extension of that process. For their survivors with an annual COLA. ness were Reservists and National Guards- that reason, I urge its adoption by the The bill makes a number of other benefits men uprooted from their families and jobs. House. I want to thank the gentleman improvements, including the addition of Diabe- They answered the call, and we have a duty from New Jersey again for his dedi- tes Mellitus (Type 2) to the list of diseases to help them. I urge my colleagues to vote for cated service to the veterans of our Na- presumed to be service-connected in Vietnam this important measure. tion. veterans exposed to herbicide agents. The bill Mr. UDALL of New Mexico. Mr. Speaker, I Mr. SMITH of New Jersey. Mr. also requires the Secretary of Veterans’ Affairs strongly support H.R. 2540, the Veterans Ben- Speaker, I yield 2 minutes to the dis- to establish a two-year nationwide pilot pro- efits Act of 2001. tinguished gentleman from California gram to expand the VA’s 1–800 toll-free infor- This legislation provides an important an- (Mr. CUNNINGHAM). mation service to include information on all nual cost-of-living adjustment for disabled vet- Mr. CUNNINGHAM. Mr. Speaker, I federal veterans’ benefits and veterans’ bene- erans, as well as surviving spouses of vet- would like to laud my colleagues on fits administered by each state. eran’s who receive dependency and indemnity both sides of the aisle. Veterans issues The legislation also contains provisions af- compensation. H.R. 2540 also makes a num- are very important. Both sides of the fecting compensation for Persian Gulf vet- ber of important changes to improve insur- aisle support this bill very well. But erans. Specifically, the bill expands the defini- ance, compensation, and housing programs every once in a while we have got peo- tion of undiagnosed illnesses for Persian Gulf for our nation’s veterans.

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.073 pfrm02 PsN: H31PT1 H4906 CONGRESSIONAL RECORD — HOUSE July 31, 2001

I want to thank Chairman SMITH, Ranking ered as adopted. The previous question shall yesterday and testified on two amend- Member EVANS, and my colleagues on the be considered as ordered on the bill, as ments. This rule allows for both of Veterans’ Affairs Committee for supporting the amended, and on any further amendment those amendments to be heard. The thereto to final passage without intervening first of these amendments is the Green- inclusion of provisions from H.R. 1929, the motion except: (1) one hour of debate on the Native American Veterans Home Loan Act of bill, as amended, equally divided and con- wood substitute which allows human 2001, in H.R. 2540. Ranking Member EVANS, trolled by the chairman and ranking minor- cloning for medical purposes. I oppose fourteen other Members and I introduced H.R. ity member of the Committee on the Judici- the Greenwood amendment because it 1929 on May 21st of this year to extend the ary; (2) the further amendment printed in is wrong to create human embryo Native American Veterans Home Loan Pilot the report of the Committee on Rules accom- farms, even for scientific research. The Program for another four years, and expedite panying this resolution, if offered by Rep- Committee on Rules, though, recog- resentative Scott of Virginia or his designee, the process of obtaining VA home loans for nizes that the gentleman from Penn- which shall be separately debatable for 10 sylvania’s proposal is the leading alter- Native American Veterans living on tribal and minutes equally divided and controlled by trust lands. This program helps many Native the proponent and an opponent; (3) after dis- native to a ban on human cloning. Be- Americans Veterans who might otherwise be position of the amendment by Representa- cause we are aiming for a fair and thor- unable to obtain suitable housing. Including tive Scott, the further amendment in the na- ough debate, we should make it in the important provisions of H.R. 1929 in H.R. ture of a substitute printed in the report of order on the House floor. 2540 will allow other Native American Vet- the Committee on Rules, if offered by Rep- The second amendment is a proposal resentative Greenwood of Pennsylvania or by the gentleman from Virginia (Mr. erans to take advantage of this important pro- his designee, shall be in order without inter- gram. SCOTT) to fund a study on human vention of any point of order, shall be con- cloning. Again because the Committee The Native American Veterans Home Loan sidered as read, and shall be separately de- Pilot Program, however, is just one of many batable for one hour equally divided and con- on Rules recognizes the importance of VA benefits improved through H.R. 2540. I ask trolled by the proponent and an opponent; this issue and wants a fair and open de- my colleagues to join me in support of these and (4) one motion to recommit with or bate, we have decided that the gen- important benefit enhancements for the men without instructions. tleman from Virginia’s study deserves and women who have sacrificed so much in The SPEAKER pro tempore (Mr. House consideration. Mr. Speaker, as the gentleman from defense of liberty and democracy. SIMPSON). The gentlewoman from Florida (Mr. HASTINGS) said in our Mr. EVANS. Mr. Speaker, I have no North Carolina (Mrs. MYRICK) is recog- Rules Committee meeting yesterday, further requests for time, and I yield nized for 1 hour. this is an extremely important and a back the balance of my time. Mrs. MYRICK. Mr. Speaker, for the very complex issue. Mr. SMITH of New Jersey. Mr. purpose of debate only, I yield the cus- Speaker, I thank all of my colleagues tomary 30 minutes to the gentlewoman b 1315 for their participation in this debate in from New York (Ms. SLAUGHTER), pend- Science is on the verge of cloning helping to craft what I think is a very ing which I yield myself such time as I human embryos for both medical and worthwhile bill. may consume. During consideration of reproductive purposes. Congress cannot Mr. Speaker, I have no further re- this resolution, all time yielded is for face a weightier issue than the ethics quests for time, and I yield back the the purpose of debate only. of human cloning, and Congress should Mr. Speaker, yesterday the Com- balance of my time. not run away from this problem. It is mittee on Rules met and granted a The SPEAKER pro tempore (Mr. our job to address such pressing moral structured rule for H.R. 2505, the RYAN of Wisconsin). The question is on dilemmas, and it is our job to do so in Human Cloning Prohibition Act. The the motion offered by the gentleman a deliberative way. We do so today. from New Jersey (Mr. SMITH) that the rule provides for 1 hour of debate in the This bill and this rule represent the House suspend the rules and pass the House equally divided and controlled best of Congress. The Committee on bill, H.R. 2540, as amended. by the chairman and ranking minority the Judiciary held days of hearings on The question was taken. member of the Committee on the Judi- the Human Cloning Prohibition Act, The SPEAKER pro tempore. In the ciary. The rule waives all points of with the Nation’s leading scientists opinion of the Chair, two-thirds of order against the bill. The rule pro- and ethicists. Today, this rule allows those present have voted in the affirm- vides that the amendments rec- for floor consideration of the two most ative. ommended by the Committee on the important challenges to the human Mr. SMITH of New Jersey. Mr. Judiciary now printed in the bill shall cloning bill of the gentleman from Speaker, on that I demand the yeas be considered as adopted. The rule Florida (Mr. WELDON.) If we wait to and nays. makes in order the amendment printed act, human cloning will go forward un- The yeas and nays were ordered. in the Rules Committee report accom- regulated, with frightening and ghoul- The SPEAKER pro tempore. Pursu- panying the rule if offered by the gen- ish consequences. ant to clause 8 of rule XX and the tleman from Virginia (Mr. SCOTT) or a I have spent a lot of time considering Chair’s prior announcement, further designee which shall be separately de- this issue, because it is so complex; and proceedings on this motion will be batable for 10 minutes equally divided I have decided to vote to ban human postponed. and controlled by the proponent and an cloning. It is simply wrong to clone opponent. The rule makes in order human beings. It is wrong to create f after disposition of the Scott amend- fully grown tailor-made cloned babies, PROVIDING FOR CONSIDERATION ment the further amendment in the na- and it is wrong to clone human em- OF H.R. 2505, HUMAN CLONING ture of a substitute printed in the bryos to experiment on and destroy PROHIBITION ACT OF 2001 Rules Committee report accompanying them. Anything other than a ban on the rule if offered by the gentleman Mrs. MYRICK. Mr. Speaker, by direc- human cloning would license the most from Pennsylvania (Mr. GREENWOOD) or tion of the Committee on Rules, I call ghoulish and dangerous enterprise in a designee, which shall be considered as human history. up House Resolution 214 and ask for its read and shall be separately debatable immediate consideration. Some of us can still remember how for 1 hour equally divided and con- the world was repulsed during and after The Clerk read the resolution, as fol- trolled by the proponent and an oppo- lows: World War II by the experiments con- nent. The rule waives all points of ducted by the Nazis in the war. How is H. RES. 214 order against the amendment in the this different? Resolved, That upon the adoption of this nature of a substitute printed in the re- I urge my colleagues to support this resolution it shall be in order without inter- port. Finally, the rule provides for one rule, and I urge my colleagues to sup- vention of any point of order to consider in motion to recommit, with or without the House the bill (H.R. 2505) to amend title port the underlying measure. 18, United States Code, to prohibit human instructions. Mr. Speaker, I reserve the balance of cloning. The bill shall be considered as read Mr. Speaker, this is a fair rule which my time. for amendment. The amendments rec- will permit a thorough discussion of all Ms. SLAUGHTER. Mr. Speaker, I ommended by the Committee on the Judici- the relevant issues. In fact, Members yield myself such time as I may con- ary now printed in the bill shall be consid- came before the Committee on Rules sume.

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.041 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4907 (Ms. SLAUGHTER asked and was given Fortunately, we have before us a bal- hind making the assertion that this is permission to revise and extend her re- anced responsible alternative, the sub- not a human embryo. There is abso- marks.) stitute offered by our colleagues, the lutely no basis in science to make such Ms. SLAUGHTER. Mr. Speaker, I gentleman from Pennsylvania (Mr. a claim. thank the gentlewoman from North GREENWOOD) and the gentleman from This technique, which we are banning Carolina for yielding me the customary Florida (Mr. DEUTSCH). in humans, is how Dolly was created. 30 minutes. The House of Representatives stands They took a cell from the udder of a Mr. Speaker, I will be blunt: This is today at a crossroads in our support for sheep; then they took a sheep’s egg, re- a bad bill and a bad rule. This is Con- scientific endeavors. moved the nucleus, took the nucleus gress again playing scientist, and I Mr. Speaker, we really should not be out of this cell and put it in that egg urge defeat of the rule and defeat of the debating this at all. None of us is depicted right there. Then it was put in underlying bill in its current form. equipped to do so. We simply do not tissue culture, where it became a more In its efforts to address the issue of know enough, and for this House to developed embryo, and then it was im- human cloning, my colleague, the gen- take the step that we are about to take planted in another sheep to create tleman from Florida (Mr. WELDON) has today is unconscionable. Dolly. managed to duplicate the controversy We must not allow our fears about Now, to assert that a human embryo arising from the administration’s de- research to overwhelm our hopes for created by the somatic cell nuclear bate over whether to ban federally curing disease. We must not isolate transfer technique is not a human em- funded stem cell research. this Nation from the rest of the sci- bryo is like saying this was not a sheep Mr. Speaker, there is a strong con- entific world by banning therapeutic embryo. Well, what is this? This is sensus in Congress that the cloning of cloning. Dolly. To say that a human embryo human beings should be prohibited. For Make no mistake, we are sailing into created by nuclear transfer technology many people, the prospect of human unchartered waters. Our decision here is not a human embryo to me is the cloning raises a specter of eugenics and today could have consequences for gen- equivalent of saying this is not a sheep. genetic manipulation of traits like eye erations to come. Now, I have, I think, some pretty color or intelligence, and none of us Under this inadequate rule, the ma- good quotes to support my position. want to see these types of abuses. Yet jority is giving us a meager 2 hours to This is from the Bioethics Advisory H.R. 2505 and its excessive fear of hold this momentous debate. So I urge Commission. The Commission began science and the possibilities of sci- my colleagues to vote no on the rule its discussion fully recognizing that entific research attempts to deprive and no on H.R. 2505. any efforts in humans to transfer so- the American people of their hope for Mr. Speaker, I reserve the balance of matic cell nucleus into an enucleated cures and their faith in the power of my time. egg involves the creation of an embryo. human discovery. Mrs. MYRICK. Mr. Speaker, I yield 7 The Human Cloning Prohibition Act So they support my argument. They minutes to the gentleman from Florida goes far beyond a ban on cloning of an have to, it is science, with the apparent (Mr. WELDON), the sponsor of this bill. individual known as reproductive potential to be implanted in a uterus Mr. WELDON of Florida. Mr. Speak- cloning. This legislation actually also and developed to term. er, I thank the gentlewoman for yield- I have another quote from one of the bans stem cell research and, finally, ing me time. I rise obviously to speak Commissioners, Alex Capron. ‘‘Our would prohibit the importation of prod- in support of this rule and in support of ucts that are developed through this cloning report, when read in light of my underlying bill and in opposition to kind of research. subsequent developments in that field As a former scientist, I am pro- the substitute. and of the stem cell report, supports foundly concerned about the impact Mr. Speaker, I would like to begin by completely halting attempts to create this proposal would have on our Na- just talking a little bit about the basic human embryos through SCNT,’’ or so- tion’s biotechnical industry. If we ban science of all of this. What is shown on matic cell nuclear transfer, ‘‘at this stem cell research, we risk ceding the this poster to my left is a normal fer- time.’’ field of medical research to other na- tilization of an egg. Normal human Now, I just want to point out, this is tions. Top scientists in the field are al- cells have 46 chromosomes; the egg has not a stem cell debate. There will be ready leaving the United States due to 23, the sperm has 23. When united, they people who will try to make this a the mere threat that this type of re- become a fertilized egg, which then be- stem cell argument. My legislation search may be banned. gins to differentiate into an embryo. does not make it illegal to do embry- If H.R. 2505 is passed, we must accept Here is depicted a 3-day embryo and onic stem cell research. the fact that preeminent scientists, then a 7-day embryo. I would also like to point out this is and, indeed, entire research facilities Under the technique called somatic not an abortion debate. Judy Norsigian will move overseas, in order to pursue cell nuclear transfer, you take a cell is shown here quoted, she is pro-choice, their studies. If we stifle our Nation’s from somebody’s body. This could be a she is the co-author of ‘‘Our Bodies, research efforts, patients will suffer as skin cell, depicted here. You extract Ourselves for the New Century’’ with well. the nucleus out, which is shown here. the Boston Women’s Health Collective. This research holds the potential to Then you take a female egg, a woman’s ‘‘There are other pro-choice groups treat diseases that afflict millions of egg. You remove the nucleus that was that have supported my position that Americans, including diabetes, cancer, in there, which is shown here being dis- we do not want to go to this place, be- heart disease, stroke, Parkinson’s, Alz- carded with the 23 chromosomes, so cause embryo cloning will compromise heimer’s, brain or spinal cord injury or you have an enucleated egg. Then you women’s health, turn their eggs and multiple sclerosis. If scientists over- implant that nucleus in there. This be- wombs into commodities, compromise seas were to develop a cure for cancer comes a clone of the individual who do- their reproductive autonomy, with vir- using stem cells from a cloned embryo, nated this cell. From this point on, it tual certainty lead to the production of Americans would be banned from tak- begins to develop like a normal em- experimental human beings. We are ing advantage of that cure here in the bryo. convinced that the line must be drawn United States because we could not im- Now, there will be some discussion here.’’ port it. Surely we should not deny our today, I anticipate, where people will Finally, I have a quote from the Na- constituents access to life-saving try to assert that this is not a human tional Institutes of Health guidelines cures. embryo; that this somehow is, and this for research using human pluripotent Moreover, we should be prepared for is somehow not a human embryo. stem cells. They deny Federal funding the evolution of two classes of pa- I studied embryology in medical for research utilizing pluripotent stem tients, those with the resources to school. I am a physician. I practiced cells that were derived from human travel abroad to receive the cure and medicine for 15 years. Indeed, I brought embryos created for research purposes, those who are too poor and must there- my medical school embryology text- research in which human pluripotent fore stay in the United States to grow book, and I would defy anybody in this stem cells are derived using somatic sicker and die. body to tell me what the science be- cell nuclear transfer, the transfer of a

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.077 pfrm02 PsN: H31PT1 H4908 CONGRESSIONAL RECORD — HOUSE July 31, 2001 human somatic cell into the human cells, and I think the vast majority of those for research that literally has egg. Americans understand the term embry- the ability to cure the most horrific Now, there are some people who have onic stem cells. In fact the majority of diseases humankind has ever seen, been approaching me saying why are Members, in fact, the debate about whether that is paralysis, whether that we having this debate now? Well, there stem cell research is over. A majority is Alzheimer’s, or any number of dis- is a company in this country that has of this Congress, a majority of the eases. already harvested eggs from women. other body, both support embryonic Ms. SLAUGHTER. Mr. Speaker, will They want to start creating clones. So stem cell research, and a vast majority the gentleman yield? the issue is here now. If we are going to of the American people across polling Mr. DEUTSCH. I yield to the gentle- put a stop to this, the House, I think, data, 75, 80 percent consistently of the woman from New York. needs to speak and the other body American people, support embryonic Ms. SLAUGHTER. Mr. Speaker, I needs to take this issue up as well. stem cell research. would ask the gentleman, does it trou- Additionally, this is a women’s They do it and that breaks up into ble him that with all of the difficulty health issue. There was one article every sub-group of our population. In he is having trying to explain what published, I believe in the New England terms of Catholics, the number is this is about, that our colleagues are Journal. The way they harvest these about 75–80 percent. People who iden- going to be coming down here pretty eggs is they give women a drug called tify themselves as Evangelical Chris- soon and voting on it, and it will affect Pergonal that causes super-ovulation. tians, 75–80 percent support embryonic everybody in the United States. Then they have to anesthetize them to stem cell research. Mr. DEUTSCH. Mr. Speaker, I agree harvest the eggs. They typically use with the gentlewoman 100 percent, 1330 coeds. It is a class issue, who is going b which is one of the reasons to defeat to volunteer for this procedure? Poor But what this Weldon bill tries to this rule. In my 9 years in this Cham- women? ban is somatic cell nuclear transfer. ber, this is the least informed collec- Let me tell Members what: The study Now, I really hate doing this to my tively that the 435 Members of this showed that women who were exposed colleagues and this is really one of the body have ever been on any issue, and to this drug have a slightly higher inci- reasons why we ought to defeat this in many ways, it is as important as any dence of ovarian cancer. So this is not rule today, but I have to do a little bit issue we face. a trivial issue, in my opinion. It is a of layman’s science. This is a chart, Ms. SLAUGHTER. Mr. Speaker, it is women’s health issue. I believe the rule and I will make it available for Mem- frightening. that has been crafted is a very fair bers, that actually shows what somatic Mr. DEUTSCH. Mr. Speaker, reclaim- rule. It will provide for plenty of de- cell nuclear transfer does. ing my time, why is this about stem bate. Most of us understand that by any cell research? As I said, what the Ms. SLAUGHTER. Mr. Speaker, I definition, an embryo is created when American people have said, and I was 1 yield 8 ⁄2 minutes to the gentleman an egg and a sperm join with the poten- talking about in vitro fertilization, from Florida (Mr. DEUTSCH). tiality of a unique human being. That that we have the ability to take these Mr. DEUTSCH. Mr. Speaker, there is not what this procedure is about. I embryos and do research on them to are two bills before us today, effec- am going to say these things again, be- literally cure disease, and the research tively, the Weldon bill and then the cause for most of my colleagues they is there. This past week, stem cells Greenwood bill, that I am an original have not heard this before, and this is sponsor with. were inserted into a primate’s spine somewhat of a science lesson. Let us be very, very clear to each and a primate that previously had been A normal embryo, what we think of other and to the American people. Both unable to move was able to move. as an embryo, is created by an egg and of those bills absolutely totally ban Just today, in today’s Wall Street human cloning. I am going to say that a sperm joining with the potentiality Journal, there is a report on research again so there is no debate on that. of a unique human being. of stem cells actually being able to cre- They absolutely, totally ban human Mr. Speaker, that is not what this ate insulin cells. It is in today’s Wall cloning. There is unanimity, I think, in bill attempts to ban. What it bans is Street Journal. This stuff is happening. this Congress, in the American public, somatic cell nuclear transfer. Again, as Diseases that had existed in the past, about that. There are some extreme, the chart shows, one takes an egg, an polio, other diseases have been cured. extreme groups that are distinct mi- unfertilized egg, an egg, and one then We are getting there. We literally can. norities, but I do not believe there will takes out the chromosomes from that If we talk to the patients’ groups, if we be one Member who will stand up here egg and then, literally, in the trillions listen to what Nancy Reagan is saying, and say we should do it. of cells in a body and, in other species, if we listen to the families, there are We should not do it, for both ethical they take it out. Obviously, in the literally tens of millions. and practical reasons. Before Dolly the human species, it is the female, of the I will move this next chart over here Sheep was created, and I am not going literally trillions of cells that exist in just to show my colleagues. This is the to talk about all the ethical reasons. I the human body, they take out one of number of people in America that we will talk for a second about the prac- those cells and take out the 46 chro- are talking about. We are not talking tical reasons. And there are very seri- mosomes out of one of those cells and about millions, we are talking about ous ethical reasons against it. But be- then put it into an egg. tens of millions of people who are per- fore Dolly the Sheep was created, 270 At that point, why are they doing sonally affected by these diseases, and sheep died; and Dolly is severely handi- that? Let us talk about that a little if we put their families in, we are talk- capped. I do not think any of us can bit. This is part and parcel, this debate ing about literally maybe 100 million even contemplate that in terms of the really is totally intertwined. people in this country who are affected human condition. The gentleman from Florida (Mr. by these diseases. Let us talk about what this debate is DEUTSCH) said this is not about stem Now again, let us talk specifically really about. It is not about human cell research. It is about stem cell re- about: how does this intertwine with cloning. We are all against human search because, let us talk about what stem cell research? It is very similar to cloning. What it is about is the Weldon is going on. the issue of organ transplants. If we bill further bans somatic cell nuclear Stem cell research, one of the rea- put an organ into someone’s body, it transfer. I am going to say that term sons why the American people have ef- will be rejected. There are again, because that is a term that all fectively said they want embryonic antirejection drugs which scientifically the Members who are going to vote in stem cell research is because they undo not apply to stem cells. this Chamber and, in fact, in a sense all derstand the debate. They understand The best way to be able to actually of the American people at some point the debate at several levels. maybe get a therapeutic use out of this are going to have to understand that At the first level they understand research, actually cure cancer, cure term. that in in vitro fertilization embryos Parkinson’s, cure Alzheimer’s, cure ju- I think all of my colleagues now un- are created that literally get thrown venile diabetes, the actual way to do derstand the term embryonic stem away. We have a choice. We can use that is to develop research to develop a

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.079 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4909 therapy to actually put the stem cells face. As a body, we should have time to DNA is different. But with somatic into the body, and that is exactly what examine the ramifications of the many stem cell transfer, if we take an egg, an is being done here. Cells from a per- issues involved in cloning, time for de- unfertilized human egg, we remove the son’s body are being used, through so- liberative judgment, time for exploring 23 chromosomes and we take the dia- matic cell nuclear transfer, to be able alternatives and crafting enforceable betic patient and replace the 23 chro- to create the potentiality of curing legislation. But today, we are not being mosomes with 46 of that own patient’s these horrific diseases. given that time, and that is why we chromosomes, we can make Islet cells Calling that an embryo does not must reject this rule. that that person’s body will not reject. make it an embryo. It is not an em- We are being given less than 3 hours The other thing, the very dangerous bryo. It is not creating life by any defi- today when most Members have not thing the Weldon bill does is, if there nition of creating life. It is the poten- had the time to understand and explore are nonhuman cloning techniques tiality to continue life. the potent ramifications of this issue which are used for therapies abroad, we I would say it in several ways. If to decide an issue which will not only can never import those therapies, to someone, by reason of their theology, impact tens of millions of Americans have to say to someone who needs a their personal belief system, does not today, but will also impact future gen- skin graft that a therapy developed allow them to do that, then I say let erations. overseas cannot be used to replace them choose not to do that. But for the Cloning is one of the most important one’s own healthy skin. tens of millions of patients, 100 million and far-reaching issues we will exam- The ancient Greeks developed myth- family members, do not stop them ine in our public service. Its impact ological answers for questions they did from doing it, number one. This bill may be incalculable. Cloning will alter not understand. Their mythology goes to an extreme and even says that our world. It is true that powerful, po- brought order into chaos. We do not we cannot import drugs for use in this tent and perhaps dangerous research have that luxury in our society. We country. I am sure there is not a Mem- efforts currently proceed unchecked. cannot stand back, shrug our shoulders ber in this chamber who could look a Technological knowledge grows expo- and say, it is the will of the gods. family member in the eye of one of nentially with new and important re- Cloning is man’s discovery and man those tens of millions of Americans sults announced daily. The rush of data has to take control over cloning and all when that drug is created in England creates a surging, uncontrolled current of its consequences, good and bad. or France or Ireland or wherever and that finds its own course. Mr. Speaker, I urge rejection of this say, you cannot have that drug. I know We must not legislate long after the rule, and I also urge adoption of the there is not a Member that could do it, damage has been done, and that is why Greenwood-Deutsch substitute. Let us and we should not do it today. we need to try to find a way to have have a debate. Let us have a full dis- Mrs. MYRICK. Mr. Speaker, I yield 1 foresight and vision, providing leader- cussion, and let us figure this out in a minute to the gentleman from Florida ship for others around the world. We way all of us can be proud of in a rea- (Mr. WELDON). must find a way to ban human cloning, sonable, not a political way. Mr. WELDON of Florida. Mr. Speak- while allowing research to continue. Mrs. MYRICK. Mr. Speaker, I yield 5 er, I thank the gentlewoman for yield- Therefore, I support the revised minutes to the gentleman from Penn- ing time. We are going to have a lot of Greenwood-Deutsch substitute which sylvania (Mr. GREENWOOD) debate and I assume some of the argu- bans reproductive cloning, but allows Mr. GREENWOOD. Mr. Speaker, I ments that the gentleman has put for- strictly regulated, privately funded thank the gentlewoman for yielding ward will be debated further in the therapeutic cloning. Reproductive time. I also want to thank my oppo- course of the afternoon. I will just cloning practices which must be nent in this debate, the gentleman point out one or two quick things. banned are an attempt to create a new from Florida (Mr. WELDON), for letting The procedure that they would like human being and, as we heard in hear- me use one of his charts to which I will to make legal is illegal in several Euro- ings throughout the spring, there are refer in a moment. pean countries. There is really only fringe groups who would like to clone This rule makes in order the Green- one that currently allows it, and they humans. This is wrong, and it must be wood-Deutsch substitute. The Green- have come under a lot of criticism. I stopped. wood-Deutsch substitute, just like the think by passing my bill, we actually Conversely, somatic cell nuclear base bill, makes it illegal to create a bring the United States into con- transfer, or so-called ‘‘therapeutic human being through cloning. We all, formity with a lot of thinking that is cloning,’’ is the way to take stem cell the gentleman from Florida (Mr. going on in the world. research and all of its promise from the WELDON) and I, and all of the speakers The gentleman from Florida (Mr. lab to the patient who has diabetes, we will hear from today, all believe DEUTSCH) mentioned a ‘‘study’’ where Parkinson’s Disease, Alzheimer’s, spi- that it is not safe and it is not ethical paralysis had been reversed. I do not nal cord injury, and other health prob- to create a new human being through know where he got that reference from. lems. Stem cell research helps us take cloning. We need to ban that. There was a story in the press of a rat a stem cell, a cell that is a building What we do not want to ban is, as has that had paralysis and a lot of the block to be made into any other cell, been said, the somatic cell nuclear press reported it as embryonic stem and turn that cell into a variety of dif- transfer research, because that, my cells. It was not embryonic stem cells, ferent tissues for the body. colleagues, that is what gives us the it was fetal stem cells. It was not even But medical experts tell us that that most promising opportunity to cure a study, it was a scientist who took stem cell, because the DNA differs from the diseases that have plagued human- some video footage. It was not peer re- the DNA of the individual that the new ity for centuries. viewed. Nevertheless, it was reported tissue is to be donated to, will often be 1345 in the press as a ‘‘study.’’ rejected, because the genetic makeup b This is not about embryonic stem of that tissue is different. Somatic cell Every one of us has had the experi- cell research, it is about whether or nuclear transfer gets around that prob- ence that I have had in my office over not we are going to carry this whole lem of rejection, because the stem cells and over again: a mother and father issue one step further, no longer using that create the organ or tissue are bring in their little diabetic child, the excess embryos in the clinics, but from the patient. As a result, the pa- sometimes with a big bottle of needles now creating embryos for research pur- tient’s body will not recognize the showing how many times they must in- poses. organ or tissue as a foreign object. ject themselves while they buy time to Ms. SLAUGHTER. Mr. Speaker, I Let me give my colleagues an exam- see if diabetes will eventually kill yield 5 minutes to the gentlewoman ple. A diabetic, if we take a cell and we them. from Colorado (Ms. DEGETTE). make a stem cell and then we make an Every one of us has had the experi- Ms. DEGETTE. Mr. Speaker, today, Islet cell that produces insulin from ence that I have had where a beautiful the House is faced with one of the most that stem cell, the person’s body will young mother comes into the office, complex and potentially far-reaching still reject that Islet cell without im- she cannot raise her arms for Lou medical and ethical issues it will ever munosuppressive drugs because the Gehrig’s disease, and is trying to raise

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.082 pfrm02 PsN: H31PT1 H4910 CONGRESSIONAL RECORD — HOUSE July 31, 2001 a child and trying to race death that is Mr. Speaker, I would be mightily sur- allowing ourselves 2 hours of debate to certain to come from Lou Gehrig’s dis- prised if we took my cheek cell and put decide whether we should call to a ease. it in a petri dish and it divided, that screeching halt research that has the We have all had people in our office God would choose that moment to put promise of curing cancer, of allowing trembling from Parkinson’s. We have a soul on it, and say, Mr. GREENWOOD’s those who have suffered spinal cord in- all had people in our office tell us the cheek cell is dividing; quick, give it a juries to recover, allowing Alzheimer’s tragic stories of their parents with Alz- soul. It has to have a soul. Then we can victims to recover, allowing Parkin- heimer’s. We have all had people come hold hands and circle it and say, It son’s victims to recover. to visit us in wheelchairs, must now become a human being. Mr. We should reject this bill. We all quadriplegics, paraplegics, with life- GREENWOOD’s cheek cell is dividing. It agree that cloning of human beings is ending, life-destroying spinal injuries. has a soul. It has to live. something we ought to outlaw. Let us We work on people who have suffered That is ridiculous. It is ridiculous. It not outlaw research along with that. from head injuries, never to regain does not say that in the New Testa- Mrs. MYRICK. Mr. Speaker, I yield their normal function, and people in ment. What the New Testament says is 21⁄2 minutes to the gentleman from coma. love; and with this therapy, we make Louisiana (Mr. TAUZIN), the chairman We have all heard these stories. What the love a reality. of the Committee on Energy and Com- do we do? We do the best thing we can Ms. SLAUGHTER. Mr. Speaker, I merce. think of. We say, let us double the yield 3 minutes to the gentlewoman (Mr. TAUZIN asked and was given funding for the National Institutes of from California (Ms. LOFGREN). permission to revise and extend his re- Health. Let us spend billions of dollars (Ms. LOFGREN asked and was given marks.) to save these people, to save future permission to revise and extend her re- Mr. TAUZIN. Mr. Speaker, I thank generations from the scourge of pre- marks.) the gentlewoman for yielding time to mature death, disability, torturous Ms. LOFGREN. Mr. Speaker, it is me. pain. worth reading the bill that is before us Mr. Speaker, let me first say that I What is the research that we think is today. If we do read the bill, as I have think we are all in agreement that going to be done to find these miracle and the other members of the Com- cloning to reproduce human beings cures? Mr. Speaker, it is somatic cell mittee on the Judiciary, we will see ought to be illegal, and the FDA does nuclear transfer. that the bill outlaws somatic cell nu- not have authority in my view to make Let us look at this diagram. What clear transfer. It makes it a felony it legal today. All they have is author- the gentleman from Florida (Mr. with a 10-year sentence. ity to say it is a safe process or not, WELDON) did not say in his explanation If we read further in the bill, there is and that is the last authority they of the diagram is that when we take a ban and also a felony remedy for have on the subject. We need to make the skin cell, the somatic cell, and put those who ship or receive any products cloning of human beings illegal. it in the nucleus of the denucleated or that are derived from somatic cell nu- The tougher question is one the gen- enucleated cell and allow it to divide clear transfer. tleman from Pennsylvania (Mr. GREEN- for 5 to 7 days, when we get to this Now, what does this mean? This WOOD) poses: Should we have thera- point, when we get to the point where means that scientists in labs around peutic cloning for research purposes to we have that cell division, we stop the the country who are doing research and get stem cells? process of cell division and extract who may have cultures of cells that are If that were the only place to get from that blastocyst pluripotent stem products of somatic cell nuclear trans- stem cells, if that were the only way in cells. fer will soon become felons in their which to learn these incredible cures When we have those stem cells, the labs if they ship or send these cells to and these incredible possibilities for re- scientists do research where they look colleagues in the scientific world. placing human organs and curing dia- at the proteins and the growth factors Further, under the bill, it is illegal, betes, that would be a pretty tough de- at work; and they say, what made that it is a crime, to accept a cure that is bate for us today. But we are not in skin cell from someone’s cheek become developed outside the United States if that position. a stem cell, a magical stem cell that a cure for a disease is the product of so- I commend Members to an article in can become anything? And then, what matic cell nuclear transfer. Discover Magazine that has just come miraculous proteins and processes can Now, that is a very realistic possi- out this month about four remarkable convert that pluripotent stem cell into bility. Just last month, this month, the brothers, the Vacanti brothers. In the a specialized spine cell or brain cell or head of stem cell research at the Uni- article, they talk about amazing break- liver cell? versity of California in San Francisco throughs not in stem cell research but When they unlock that secret announced that he was leaving the in research that has discovered some 3- through this research, what they will United States because he could not do micron, very small, cells in every be able to do to our constituents is his research in the United States. He is mammalian species, including human that little child with diabetes will be moving to England. When he joins beings. able to have some of its skin cells other scientists in England, there is They have experimented with these taken, turned in with these proteins, quite a good chance that they will cells. They have tried to freeze them; no more eggs, no more embryonic work come up with cures for horrible dis- they have tried to cook them. They at all, take her somatic cell, convert it eases that are suffered throughout the have frozen them at minus 21 degrees. into a stem cell, and convert it into the world, including America. They have left them at 187 degrees for islets for her liver, convert it into the If we pass this bill, we are saying 30 minutes. They have starved them of cells that will cure and repair her Americans are not allowed to get those oxygen. They have lived and replicated. spine, convert it into the cells that cures. That, too, would become a They have used them now in experi- wake a comatose patient back into crime. ments going as far as rebuilding the consciousness. That is what this re- The National Institutes of Health spinal cords of lab rats, and in months search holds for us. mentioned in their recent report that these lab rats are walking again. Now, why would we kill this re- the human ES-derived cells could be This is without stem cell research. search? Why would we condemn for the advantageous for transplantation pur- This is without embryonic stem cell re- world and for future generations not to poses if they did not trigger an immune search. This is without therapeutic have the benefit of this miracle? We rejection. They also point out in the cloning. would do it because some will say, but next paragraph that ‘‘potential What this article says is there are wait a minute, once we put the cheek immunological rejection of human ES- amazing breakthroughs in the tissues, cell of the gentleman from Pennsyl- derived cells might be avoided for by the cells of our human bodies, without vania (Mr. GREENWOOD) into this empty using nuclear transfer technology to us going as far as some would have us cell and it divides, we have a soul. That generate these cells.’’ go in playing with the recreation of is the metaphysical question here, do I urge my colleagues to vote against human life just to take cells for re- we have a soul there? this rule. It is preposterous that we are search purposes. We do not have to go

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.084 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4911 that far. The Weldon bill will say, stop It is an old story; it is not a new the initial creation of this blastocyst this cloning business, just stop it, and story. It is not just isolated; it has hap- or the equivalent of a fertilized egg and use these remarkable breakthroughs, pened throughout the ages. Not very the problems that that would have be- instead. long ago, in my lifetime, we had people cause we would be basically creating In fact, let me tell the Members what in this country who said, The polio an embryo for research? they did in one case, quickly. They vaccine might cause trouble because it Mr. WELDON of Florida. If the gen- used these cells taken from a pancreas is really dead polio stuff. Yet in my tleman would continue to yield, yes, that was diabetic, and then they grew family we lost a young girl to polio, the threshold we are being asked to insulin-producing islets inside that and we saved my brother based on re- cross is no longer just using the em- pancreas using these cells, not stem search that some people in those days bryos that are in the IVF clinics but cells, but these cells that exist already condemned. actually creating embryos for destruc- in the body. X-rays, we take them as common tive research service. Mr. Speaker, there are ways for us to today. There were many people when x- Mr. GANSKE. Reclaiming my time, get these answers without messing rays were first in invented who said, Mr. Speaker, I believe there are ethical with cloning. These cells are human Oh, my God, we cannot do that. It was considerations that enter to the cre- beings. We ought to pass this bill not meant for man to see through ation of an embryo for research pur- today. someone’s body. We do it today with poses, and that is why I will support Ms. SLAUGHTER. Mr. Speaker, I impunity. These same issues are aris- the Weldon bill. And I will vote against yield 3 minutes to the gentleman from ing again today. We should not sub- the Greenwood substitute, and I thank Massachusetts (Mr. CAPUANO). stitute our general opinion that we are the gentleman. Mr. CAPUANO. Mr. Speaker, I thank Ms. SLAUGHTER. Mr. Speaker, I not even sure about for the future of the gentlewoman for yielding time to yield 5 minutes to the gentleman from science and for the health of our chil- me. Florida (Mr. DEUTSCH). Mr. Speaker, I just want to read a dren and grandchildren. Mr. DEUTSCH. Mr. Speaker, I thank list of people who are interested in this Mrs. MYRICK. Mr. Speaker, I yield 2 the gentlewoman for yielding me this bill, more for the people who may be minutes to the gentleman from Iowa time, and I am going to use this time watching this than for the people in (Mr. GANSKE). really to respond to some of the state- this room. Most of us know who is on Mr. GANSKE. Mr. Speaker, I thank ments that my colleagues have made in which side. the gentlewoman for yielding time to support of the Weldon bill as recently The Juvenile Diabetes Foundation, me. as the last speaker. the American Association of Medical Mr. Speaker, I would like to enter Let me again really focus this debate Colleges, the Alliance for Aging Re- into a colloquy with my colleague, the so Members know exactly what they search, the American College of Obste- gentleman from Florida (Mr. WELDON). are voting on. It has been presented tricians and Gynecologists, the Amer- I would ask the gentleman to correct that the Weldon bill does not stop stem ican Academy of Optometry, the Amer- me if I am wrong, but it seems to me cell research. Well, I do not believe ican Association of Cancer Research, the gentleman’s bill makes illegal the that is true, and I think the facts bear the American Association of Anato- creation of a blastocyst for either re- out that that is not true. mists, and on and on and on. productive or therapeutic cloning. Is This issue is intricately intertwined Most of these organizations, all of that correct? with stem cell research, and Members these organizations, are populated by Mr. WELDON of Florida. Mr. Speak- need to understand that is what we are people who, for the most part, are er, will the gentleman yield? voting on. Because just like organ much more knowledgeable about the Mr. GANSKE. I yield to the gen- transplants, the organs that can be details than any of us. tleman from Florida. transplanted have no use if the body is I know there are many people on this Mr. WELDON of Florida. I would say going to reject them. And what I want floor today who know more about this to the gentleman, yes, that is correct. each of us as Members to think about, issue on specifics than I do, and I re- Mr. GANSKE. Mr. Speaker, I want to and I think my colleague, the gen- spect that; but it is really not about ask the gentleman another question. I tleman from Pennsylvania (Mr. GREEN- the details, it is really about the fu- wrote an op ed piece that said, ‘‘Let me WOOD), did this as well as I have heard ture. That is what it is all about. make my position absolutely clear. I anyone ever do on this floor, think I cannot, and most of us are totally oppose the cloning of human beings. I about some of the most awful stories of incapable of knowing everything we favor Federal funding of stem cell re- the human condition, of real people, want to know about science, especially search. The potential this research has and each of us have heard these stories, in the short period of time we have to to cure disease and alleviate human whether on a personal basis or whether learn it. But when I see a list of people suffering leads me to believe this is a as a Member of Congress. like this, all of whom want to continue pro-life position.’’ I have the numbers here: 24 million research unfettered by government, My question to the gentleman from people with diabetes, 15 million with many of whom are not engaged in stem Florida is this: What about those fer- cancer, 6 million with Alzheimer’s, 1 cell research; they may be at some fu- tilized eggs that are not created for re- million people with Parkinson’s. Those ture point, but many of them are not. search purposes, that are in fertility are obviously large numbers. But I ask Most genetic research right now is not clinics that are not being used? Does each of my colleagues to think of one related to stem cell research, not yet. the gentleman’s bill make it illegal to person, maybe a grandmother or a It may never be. Stem cells is just an- use those blastocysts for stem cell re- grandfather, a father, a mother, a other potential. That is all it is at the search? friend who had one of these diseases. moment. Mr. WELDON of Florida. If the gen- And what we would be doing today if For us to sit here today and tell the tleman will yield further, no, it does we passed the Weldon bill would be scientists of America, and particularly not. taking away their hope of stopping the scientists of the world, because it Mr. GANSKE. I thank the gentleman. their pain and their suffering. That is will not stop, it will simply move off- I want to be absolutely clear on this. the choice in front of us. That truly is shore, that this Congress, most of I ask the gentleman from Florida the choice in front of us. whom are generalists on different areas (Mr. WELDON), does he think one can be We do not have that cure yet. But we or specialists in other areas, that this consistent in being for Federal funding all know, all of us have heard and read Congress is going to tell them stop, for stem cell research and also being in the specifics of where the research is, really puts us in the exact same posi- favor of the gentleman’s bill? and it is there. It might not be there tion as legislators and clergy in the Mr. WELDON of Florida. Yes. tomorrow, but it is there. We would Middle Ages when they said, Do not do stop all this research. All of it. All of autopsies. It is immoral; it is uneth- b 1400 it. Not Federal funding, but all of it. ical. We do not like it. Do not cut those Mr. GANSKE. And would the gen- Private funding, Federal funding. bodies open. Yet men and women did it, tleman say that the reason for that is Criminalize it, and all of this research to our great benefit today. that his bill is focusing primarily on would stop under the Weldon bill. H4912 CONGRESSIONAL RECORD — HOUSE July 31, 2001 And let us kind of weigh what we Mr. Speaker, I yield 2 minutes to the about the cure of paralysis that was re- have here. Let us weigh what we have. gentleman from New Jersey (Mr. FER- ported last week at the annual meeting We have the potentiality in terms of GUSON). of the Society for Neuroscience in New the human condition that I think is as Mr. FERGUSON. Mr. Speaker, I rise Orleans. monumental as anything we can pos- in favor of the rule on House Resolu- [From the Yale Bulletin & Calendar, Dec. 1, sibly contemplate. Again, we can talk tion 2505, the Human Cloning Prohibi- 2000] about tens of millions and hundreds of tion Act. It is a good and fair rule, and TEAM USES PRIMATE’S OWN CELLS TO REPAIR millions, but I ask each of my col- it allows for a full debate on this im- SPINAL CORD INJURY leagues to focus on one, someone who portant issue at hand. (By Jacqueline Weaver) they know. But then what are we In light of recent scientific advances A Yale research team has transplanted weighing that against? We are weigh- in genetic research, our society is faced stem cells from a primate to repair the pro- ing that against stopping somatic cell with some difficult decisions, foremost tective sheath around the spinal cord in the nuclear transfer. That is what it is, so- among these is what value we place on same animal, an accomplishment that some matic cell nuclear transfer. It is not an human life. At first glance, human day could help people with spinal cord inju- embryo. It is not the creation of life. cloning appears to respect life because ries and multiple sclerosis. it mimics the creation of life. However, ‘‘The concept is not ready for people, but There are issues, and I think very se- the fact that it can be achieved in a primate rious ethical, moral issues, about using when we look closely at the manner in is significant,’’ says Jeffrey Kocsis, professor embryos for stem cell research, and we which this life is created, in a labora- of neurology and neurobiology at the School can talk about them. And I think we tory, and for what purpose, out of util- of Medicine. ‘‘Cells were taken from the take this issue seriously. I think all ity, one cannot help but see that same animal, with minimal neurological Members take it seriously. We do not cloning is actually the degradation of damage, and then injected to rebuild the take it lightly at all. The gentleman human life to a scientific curiosity. myelin.’’ In multiple sclerosis, the immune system from Pennsylvania (Mr. GREENWOOD), I Designing a life to serve our curi- goes awry and attacks the myelin. Damage think, spoke as well as I have ever osity, timing its creation to fit our schedules, manipulating its genetic to the myelin builds up over years, causing heard anyone speak about this on this muscle weakness or paralysis, fatigue, dim floor, that by any concept of what we makeup to suit our desires, is the or blurred vision and memory loss. have talked about, a sperm and an egg treatment of life as an object, not as an Using the primate’s own cells to repair the joining for the potentiality of the cre- individual with its own identity and myelin, which is a fatty sheath that sur- ation of a unique human being. That is rights. rounds and insulates some nerve cells, side- not what somatic cell nuclear transfer H.R. 2505, the Human Cloning Prohi- steps a common problem in transplanting or- is about. bition Act is a brave step in the right gans, explains the researcher. Patients generally have to take drugs to suppress their Somatic cell nuclear transfer is the direction. This legislation amends U.S. law to ban human cloning by prohib- immune systems so that their bodies do not taking an egg that is not fertilized, reject an organ obtained from a donor. taking out the 23 chromosomes and lit- iting the use of somatic cell nuclear ‘‘We didn’t even need to immunosuppress erally, literally taking one of the sev- transfer techniques to create human the primate,’’ says Kocsis, who presented his eral trillion, several trillion cells in a embryos. This act bans reproductive findings last week at the annual meeting of body, whether it is the gentleman from cloning and so-called therapeutic the Society for Neuroscience in New Orleans. Pennsylvania’s cheek cell, one of the cloning. The experiment involved collecting small Therapeutic cloning, as my col- amounts of tissue from the subventricular several trillion, or the cell on his skin area of the primate brain using or another cell, a cell of several trillion leagues know, is performed solely for the purpose of research. There is no in- ultrasonography. The neural precursor cells, in a person’s body, taking that one cell or stem cells, then were isolated and ex- tention in this process to allow the liv- and taking out the 46 chromosomes and panded in vitro using mitogen, an agent that putting it in this egg. ing organism to survive. While this bill promotes cell division. does not restrict the use of cloning And why are we doing it? Again, At the same time, myelin was removed technology to produce DNA, cells other there is not a Member in this Chamber from the primate’s spinal cord. the stem than human embryos, tissue or organs, cells were then injected in the same spot to that wants to allow it to be done for it makes it unlawful for any person or form new myelin to cover the nerve fibers. the potentiality of creating a human entity, public or private, to perform ‘‘The lesions were examined three weeks being. Absolutely not. Illegal under cloning or to transport, receive, or im- after transplantation and we found the both bills. But what we do want is the demyelinated axons were remyelinated,’’ port the results of such a procedure. potentiality of literally saving tens of Kocsis says. ‘‘These results demonstrate that As my colleagues know, the high risk millions of lives with that. That re- autologous transplantation of neutral pre- of failure, even in the most advanced ality is there. And if we pass the cursor cells in the adult non-human primate cloning technologies, gives us pause. Weldon bill, we prevent that. can remyelinate demyelinated axons, thus Even the so-called successful clones are suggesting the potential utility of such an We will not prevent it in some other highly likely to suffer crippling de- approach in remyelinating lesions in hu- countries, but what we do, as amazing formities and abnormalities after mans.’’ as it sounds, is we prevent that re- birth. Again, the push for scientific search from coming into the United knowledge must not supercede our [From the Times (London), July 26, 2001] States. Which again, as I said pre- basic belief that human life is sacred. STEM CELL INJECTION HELPS MICE TO WALK viously, I cannot conceive that one of Mr. Speaker, I urge my colleagues to AGAIN AS SCIENTISTS FIGHT FOR FUNDING my colleagues in this Chamber would join the majority of Americans in sup- (Katty Kay in Washington and Mark ever have the ability to look a family port of this rule, to oppose the Green- Henderson, Science Correspondent) member or any person, for that matter, wood substitute, and to support the A video showing mice that have been par- in the eye, a quadriplegic, someone suf- carefully crafted bill of the gentleman tially cured of paralysis by injections of human stem cells was released last night by fering from Parkinson’s, and say they from Florida (Mr. WELDON) to prevent American scientists. They are seeking to could not take the benefit of the re- human cloning and to keep us from search. head off a ban on government funding of going down this dangerous road. similar research. Mr. Speaker, I urge the defeat of the Ms. SLAUGHTER. Mr. Speaker, I Researchers at Johns Hopkins University rule. yield such time as she may consume to in Baltimore broke with standard scientific Mrs. MYRICK. Mr. Speaker, I yield the gentlewoman from California (Ms. practice to screen the tape before details of myself such time as I may consume to LOFGREN). their research have been formally published, remind my colleagues that everybody (Ms. LOFGREN asked and was given in the hope that it will convince President who came before the Committee on permission to revise and extend her re- Bush of the value of stem cell technology. Rules with any kind of an amendment The U.S. Government is considering marks, and include extraneous mate- whether to outlaw all federal funding of got their amendment, so I urge them rial.) studies using stem cells taken from human not to defeat the rule. Yes, this is a Ms. LOFGREN. I include for the embryos, which promise to provide new complex issue; but we need to have a RECORD two articles that outline the treatments for many conditions, including substantive debate on it. research by Johns Hopkins University paralysis and Parkinson’s disease.

VerDate 30-JUL-2001 05:34 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.088 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4913 Opponents argue that the research is im- human fetuses that had been electively can become. Research has shown that the moral as the cells are taken from viable aborted. beauty of the embryonic stem cell is in its human embryos. President Bush has sus- THERAPIES ability to become all types of cells, migrate, pended federal funding of such work and has There is no cure for ALS, and more re- and respond to cues in the transplanted envi- announced a review of its future. He was search needs to be done in order for there to ronment. urged this week by the Pope to outlaw the be one. Adult stem cells can be isolated from cer- practice. Currently, there is only one drug on the tain areas in the adult body, including neu- John Gearhart and Douglas Kerr, who led market that has been approved by the FDA rogenic areas of the brain (the dentate gyrus the privately funded research, hope that the for the treatment of ALS: Riluzole. It was and olfactory bulb), and bone marrow. Re- tape will have a decisive impact on the de- originally developed as an anti-convulsant, cent research has shown bone marrow debate by showing the potential of the tech- but it has also been shown to have anti-glu- rived stem cells are very versatile, differen- nique. It shows mice paralyzed by motor tamate effects. In a French trial, it was tiating into muscle blood, and neural cell neuron disease once again able to move their found that those taking the drug had an en- fates. [3] While adult stem cells hold prom- limbs, bear their own weight and even more hanced survival rate of 74% as compared to ising hope, they are not abundant, are dif- around after injections of human embryonic only 58% in the placebo group. [1] But, the ficult to isolate and propagate, and may de- stem cells in their spinal cords. drug has gotten mixed reviews, with diver- cline with increasing age. Some evidence Dr. Kerr said that the team hopes to start gent results occurring throughout the trials. suggests that they may not have the dif- human clinical trials within three years but Creatine has also been shown to help ferential potential and migratory ability as that a federal funding ban would deal a ‘‘po- motor neurons produce needed energy for embryonic stem cells. Also, there is concern tentially fatal blow’’ to its efforts. longer survival and is currently being tested that adult stem cells may harbor more DNA Details of its research were first revealed in clinical ALS trials. Creatine is an over- mutations, since free radical damage and in November last year, though it has yet to the-counter supplement that is popular as a declination of DNA repair systems are be published in a peerreviewed journal. In muscle builder among athletes. Creatine is a known to occur more with age. [4] Any at- this case, however, the team took the deci- natural body substance involved in the tempt to treat patients with their own stem sion to show the tape to Tommy Thompson, transport of energy. Studies using SOD1 cells, which from an immunologic standpoint the U.S. Health and Human Services Sec- mice found that animals given a diet high in would be great, would require those stem retary, who is conducting a review of stem creatine had the same amount of healthy cells to be isolated and grown in culture to cell funding for President Bush, and to Pete muscle-controlling nerve cells as mice in the promote sufficient numbers. For many pa- Domenici, a Republican senator. It is now to normal, or control, group. Creatine can be tients, including ALS patients, there may be released to the public as well. found in a variety of health food stores. not be enough time to do this. For other dis- Medical research charities said the video Sanofi, still in clinical trial, is a eases, such as those caused by genetic de- would have a major impact. ‘‘I wish the nonpeptide compound which possesses fects, it might not be wise to use one’s own President would see this tape,’’ said Michael neurotrophin-like activity at nanomolar cells since that genetic defect is likely to be Manganiello, vice-president of the Chris- concentrations in vitro, and after adminis- in those cells as well. Adult stem cells are topher Reeve Paralysis Foundation, named tration of low oral doses in vivo. The com- less controversial, due to no isolation from after the Superman actor who was paralyzed pound reduces the histological, embryonic or fetal tissue, but they may not in a riding accident. neurochemical and functional deficits pro- have the same therapeutic potential. ‘‘When you see a rat going from dragging duced in widely divergent models of experi- Dr. Evan Snyder and his lab at the Boston his hind legs to walking, it’s not that big a mental neurodegeneration. The ability of Children’s Hospital have transplanted em- leap to look at Christopher Reeve, and think sanofi to increase the innervation of human bryonic mouse stem cells (C17.2) into the spi- how this might help him,’’ he said. muscle by spinal cord explants and to pro- nal cords of onset SODI mice. These cells In the experiment, 120 mice and rats were long the survival of mice suffering from pro- were found to integrate into the system, infected with a virus that caused spinal dam- gressive motor neuronopathy suggest the with some found to have differentiated into age similar to that from motor neuron dis- compound might be an effective therapy for immature neurons. Rotorod analysis, which ease, the debilitating condition that affects the treatment of ALS. measures functional behavior, indicated that Professor Stephen Hawking. The disease is The mechanism by which sanofi elicits its those animals that had received a trans- generally incurable and sufferers usually die neurotrophic and neuroprotective effects, al- plant, had improved fucntional recovery as from it within two to six years. though not fully elucidated, is probably re- compared to those that had not received When fluid containing human embryonic lated to the compound’s ability to mimic the cells. (This data is in press and will be pre- stem cells was infused into the spinal fluid of activity of, or stimulate the biosynthesis of, sented at the Neuroscience Conference in the paralyzed rodents, every one of the ani- a number of endogenous neurotrophins such San Diego, Fall 2001.) mals regained at least some movement. In as nerve growth factor (NGF) and brain-de- Dr. Snyder and his team are also involved previous tests stem cells have been trans- rived, neurotrophic factor (BDNF). While in embryonic stem cell transplant in primate planted directly into the spinal cord. Infus- sanofi has high affinity for serotonin 5-HT1A models that resemble ALS. This is exciting ing the fluid if far less invasive and would receptors and some affinity for sigma sites, work that may help push stem cell therapy make eventual treatment in humans much its affinity for these targets appears to be to clincal trial. This research is being funded easier. unrelated to its neurotrophic or by Project A.L.S. (go to www.projectals.org) Dr. Kerr said the limited movement seen neuroprotective activity. Recently, it was reported that researchers was a reflection of the limited research, not STEM CELL THERAPY at Johns Hopkins had made an exciting find- of the limits to stem cells themselves. ing with stem cell therapy in regards to Therapeutic efforts are underway to pre- ‘‘I would be a fool to say that the ceiling ALS. The following report is taken directly vent diseases or prevent their progress, but we have now is the same ceiling we’ll see in from the Johns Hopkins press. two years,’’ he said. ‘‘We will be smarter and more is going to be needed in order to repair the stem cell research even more developed.’’ the damage that has been done in ALS. Neu- STEM CELLS GRAFT IN SPINAL CORD, RESTORE However, the prospect of human trials in rons are dead and muscles have atrophied; MOVEMENT IN PARALYZED MICE three years depends on the outcome of a po- these must be regenerated to get back what Scientists at Johns Hopkins report they’ve litical and ethical debate over whether the has been lost. Stem cell therapy is going to restored movement to newly paralyzed ro- US Government will allow federal funding be key. dents by injecting stem cells into the ani- for stem cell research. If President Bush de- The definition of a stem cell is under de- mals’ spinal fluid. Results of their study cides not to approve government funds for bate, but most researchers agree with the were presented in the annual meeting of The research, that would set the timetable back properties of multipotency, high prolif- Society of Neuroscience in New Orleans. 10 to 12 years for tests in humans, Dr. Kerr erative potential and self-renewal.[2] The researchers introduced neural stem said. Embryonic and fetal stem cells differ in cells into the spinal fluid of mice and rats The controversy stems from the fact that their isolation periods, and thus their poten- paralyzed by an animal virus that specifi- human embryos must be destroyed in order tials. Embryonic stem cells are derived very cally attacks motor neurons. Normally, ani- to retrieve the stem cells. Mr. Bush is under early in development, either at or before the mals infected with Sindbis virus perma- pressure from conservative Republicans and blastocyst stage, and are defined as nently lose the ability to move their limbs, Roman Catholics not to back the research on pluripotent, with the ability to differentiate as neurons leading from the spinal cord to moral grounds. into multiple cell types. When a sperm fer- muscles deteriorate. They drag legs and feet Some top American scientists, who are be- tilizes an egg, that cell will then go on to behind them. coming increasingly frustrated with the further divide and differentiate into cells Fifty percent of the stem-cell treated ro- funding limitations, have left for Britain that will make up the entire body. If cells dents, however, recovered the ability to where government funding is available. The are captured before they differentiate, those place the soles of one or both of their hind British Government has approved stem cell cells then have the ability to become many feet on the ground. ‘‘This research may lead research on the ground that it could help to types of desired cells. Fetal stem cells, which most immediately to improved treatments cure intractable disease. can be isolated at a later stage (from aborted for patients with paralyzing motor neuron The research on rodents at Johns Hopkins fetuses, for example), are more differentiated disease, such as amyotrophic lateral scle- took stem cells from five to nine-week-old and thus more restricted in the lineage they rosis (ALS) and another disorder, spinal H4914 CONGRESSIONAL RECORD — HOUSE July 31, 2001 motor atrophy (SMA),’’ says researcher Jef- The SPEAKER pro tempore (Mr. GIB- subclass of human life solely for the frey Rothstein, M.D., Ph.D. BONS). The gentlewoman from New purpose of experimentation and de- ‘‘Under the best research circumstances,’’ York (Ms. SLAUGHTER) has 2 minutes struction. he adds, ‘‘stem cells could be used in early Mr. Speaker, no ethical case can be clinical trials within two years.’’ remaining, and the gentlewoman from ‘‘The study is significant because it’s one North Carolina (Mrs. MYRICK) has 6 made for cloning a human being. The of the first examples where stem cells may minutes remaining. Weldon bill bans all human cloning. restore function over a broad region of the Ms. SLAUGHTER. Mr. Speaker, may The alternative before us would allow central nervous system,’’ says neurologist I inquire if the gentlewoman from cloning as long as the cloned human is Douglas Kerr, M.S., Ph.D., who led the re- North Carolina has more speakers? destroyed before it can follow the nat- search team. ‘‘Most use of neural stem cells Mrs. MYRICK. Yes, I do. I have sev- ural progression of life. so far has been for focused problems such as eral more speakers. Today, Mr. Speaker, this Congress stroke damage or Parkinson’s disease, which has the ability to settle some of the affect a small, specific area,’’ Kerr explains. Ms. SLAUGHTER. Mr. Speaker, I re- In the rodent study, however, injected serve the balance of my time. moral confusion of our time, to say stem cells migrated to broadly damaged Mrs. MYRICK. Mr. Speaker, I yield 2 that humanity will master rather than areas of the spinal cord. ‘‘something about minutes to the gentleman from Indiana be mastered by science. Humanity is cell death is apparently a potent stimulus (Mr. KERNS). once again on the verge of a great for stem cell migration,’’ says Kerr. ‘‘Add Mr. KERNS. Mr. Speaker, I stand be- moral decision. I pray we will not fall these cells to a normal rat or mouse, and fore you today to urge my colleagues’ into the same type of tragic reasoning nothing migrates to the spinal cord.’’ In the support of the rule and H.R. 2505, the that has led previous generations into study of 18 rodents,the researchers injected slavery and genocide through the de- stem cells into the animals’ cerebrospinal Human Cloning Act of 2001. Today we take an important step in valuation of human life. fluid via a hollow needle at the base of the Let us reject the notion that exploi- spinal cord—like a spinal tap in reverse. the process to ban human cloning in Within several weeks, the cells migrated to the United States. With technologies tation of life is acceptable. This insti- the ventral horn, a region of the spinal cord advancing rapidly, the race to clone a tution must respect life, protect life, containing the bodies of motor nerve cells. human being has become all too real. and choose life; and I stand in strong ‘‘After 8 weeks, we saw a definite func- Simply put, H.R. 2505 will ban the proc- support of the rule. tional improvement in half of the mice and ess of cloning another human being. It Ms. SLAUGHTER. Mr. Speaker, I rats,’’ says Kerr. ‘‘From 5 to 7 percent of the will not, however, prohibit scientists continue to reserve the balance of my stem cells that migrated to the spinal cord time. appeared to differentiate into nerve cells,’’ from conducting responsible research. Human cloning is not a Republican Mrs. MYRICK. Mr. Speaker, I yield 1 he says. ‘‘They expressed mature neuronal minute to the gentleman from Ne- markers on their cell surfaces. Now we’re issue or a Democrat issue, it is an issue working to explain how such an apparently for all of mankind. The prospect of braska (Mr. TERRY). Mr. TERRY. Mr. Speaker, I rise in small number of nerve cells can make such a cloning a human being raises serious support of this rule and H.R. 2505. relatively large improvement in function. moral, ethical, and human health im- ‘‘It could be that fewer nerve cells are This bill prohibits cloning of human plications. As countries around the needed for function than we suspect. The beings, and it also prohibits another other explanation is that the stem cells globe look to the United States for type of cloning which seriously endan- themselves haven’t restored the nerve cell- leadership, it is our responsibility to gers the sanctity of human life, the so- to-muscle units required for movement but take a firm position and ban human called therapeutic cloning. In this that, instead, they protect or stimulate the cloning. process, scientists would create em- few undamaged nerve cells that still remain. I spent, recently, many days trav- bryos solely to experiment on them We’re pursuing this question now in the eling all throughout Indiana talking to and eventually to destroy them for lab.’’ people about this issue; and I have re- The rodents infected with the Sindbis virus stem cells or whatever purpose. Re- ceived lots of calls from across the are a tested model for SMA, Kerr noted. member, however, that the purpose is country about this issue. I believe SMA is the most common inherited neuro- to destroy them. logical disorder and the most common inher- overwhelmingly that the people of this Every argument in favor of thera- ited cause of infant death, affecting between country want to ban human cloning. peutic cloning assumes that the small- 1 in 6,000 and 1 in 20,000 infants. In the dis- There are several important factors est human lives, embryos typically ease, nerve cells leading from the spinal cord my colleagues should be aware of when to muscles deteriorate. Children are born days old, are not lives at all. They are considering this legislation. H.R. 2550 just clumps of cells to be manipulated weak and have trouble swallowing, breathing does not restrict the practice of in and walking. most die in infancy, though and used for the benefit of those who vitro fertilization. It does not deal with some live into young childhood. have already been born. No matter how With ALS, which affects as many as 20,000 the separate issue of whether the Fed- good the intention, this type of sci- in this country, motor nerves leading from eral Government should fund stem cell entific rationalization endangers the the brain to the spinal cord as well as those research on human embryos. Further- very fabric of our society, our respect from the cord to muscles deteriorate. The more, 2505 does not prohibit the use of disease eventually creates whole-body paral- for ourselves and others. Nothing, I be- cloning methods to produce any mol- lieve, can justify the taking of human ysis and death. ecules, DNA, organs, plants, or animals The research was funded by grants from life to improve the quality of another. other than humans. the Muscular Dystrophy Association and b 1415 Project ALS. I urge all my colleagues to vote in Other scientists were Nicholas Maragakis, support of the rule today. Mr. Speaker, I urge all of my col- M.D., John D. Gearhart, Ph.D., of Hopkins, Ms. SLAUGHTER. Mr. Speaker, I leagues to join me in supporting this and Evan Snyder, at Harvard. continue to reserve the balance of my bill, a true ban on human cloning. Stem cell therapy offers much promise to time. Ms. SLAUGHTER. Mr. Speaker, I people suffering with ALS, as well as many Mrs. MYRICK. Mr. Speaker, I yield 1 yield myself such time as I may con- other diseases, including Parkinson’s and Alzheimer’s. The key to this work is going to minute to the gentleman from Indiana sume. be support and funding. So many people will (Mr. PENCE). Mr. Speaker, I would like to just die without it. Mr. PENCE. Mr. Speaker, I thank the comment, it was said a while ago that REFERENCES gentlewoman for yielding me this time. all the amendments that were brought [1] 1999. Nerve Preserver. Prevention 47. Mr. Speaker, I rise in strong support up on this piece of legislation were al- [2] Temple, S. & Alvarez-Buylla. A. 1999. of the rule and the anti-cloning bill au- lowed. Three were rejected by the Com- Stem cells in the Adult Mammalian Central thored by my colleague, the gentleman mittee on Rules. One was by the gen- Nervous System. Current Opinion in from Florida (Mr. WELDON). The House tlewoman from Texas (Ms. JACKSON- Neurobiology, 9:135–41. of Representatives must choose today LEE), which made sure that this did not [3] Mezey, E. Chandross, K. 2000. Bone mar- whom it will serve, whether it will sup- have anything to do with in vitro fer- row: a possible alternative source of cells in the adult nervous system. European Journal port the Weldon cloning ban and pro- tilization that was not allowed. Two of Pharmacology 405:297–302. tect nascent human life or whether it were by the gentleman from Virginia [4] Kirkwood, T., Austad, S. 2000. Why do will endorse an alternative that will (Mr. SCOTT), which would have also we age? Nature 408:233–38. most certainly lead to the creation of a protected the rights of human beings. July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4915 I want to say to all my colleagues, Mr. Speaker, I yield 2 minutes to the Ms. SLAUGHTER. Mr. Speaker, I ob- because all of us have said it over and gentleman from Florida (Mr. WELDON). ject to the vote on the ground that a over again, that we are all opposed to Mr. WELDON of Florida. Mr. Speak- quorum is not present and make the the cloning of human beings. I believe er, let me in closing just say I think point of order that a quorum is not this House is already on record having this is a very fair and equitable rule. present. said that. But a lot of us believe that We allowed the gentleman from Penn- The SPEAKER pro tempore. Evi- science is important, that taking care sylvania (Mr. GREENWOOD) a full hour dently a quorum is not present. of the human beings who live here, to to debate the merits of his issue. I be- The Sergeant at Arms will notify ab- provide better health, a chance to live, lieve we will get a full airing of the es- sent Members. a hope that paraplegics will walk, that sential debate. Pursuant to clause 8 of rule XX, this diabetes will be done away with, that I think the essential debate is, do we 15-minute vote on House Resolution 214 cancer can be found a cure for, all the want to take the next step on this em- will be followed by a 5-minute vote on promises that stem cells hold. bryo stem cell issue, and take the Na- H.R. 2540. I want to say the same thing that my tion to the place where we are going to The vote was taken by electronic de- be creating embryos, no longer using colleague, the gentleman from Massa- vice, and there were—yeas 239, nays so-called excess embryos, but we are chusetts (Mr. CAPUANO) said. I recall 188, not voting 7, as follows: going to start creating embryos. the first debate when the first organ [Roll No. 300] transplants took place, that that per- I am a physician. I saw patients just YEAS—239 haps is not God’s will. Maybe God ex- last week. I have treated patients with pects us to help ourselves and to take Alzheimer’s disease, Lou Gehrig’s dis- Aderholt Goss Nussle ease, diabetes. My father had diabetes. Akin Graham Oberstar advantage of the things he has given us Armey Graves Ortiz here on Earth, to learn to do better and To hold out reproductive cloning as a Bachus Green (WI) Osborne to do better for our fellow human solution to these problems is pie in the Baker Greenwood Ose beings. sky. It does not even exist. Ballenger Grucci Otter Ms. SLAUGHTER. Mr. Speaker, will Barcia Gutknecht Oxley Underlying all of this, Mr. Speaker, Barr Hall (OH) Paul is that this House is in no way ready to the gentleman yield? Bartlett Hall (TX) Pence debate this measure. There simply is Mr. WELDON of Florida. I only have Barton Hansen Peterson (MN) not enough knowledge on either side. 2 minutes. Bereuter Hart Peterson (PA) Ms. SLAUGHTER. We are not talk- Berry Hastert Petri People are not clear on what is hap- ing about reproductive cloning. Biggert Hastings (WA) Phelps pening here. I am absolutely certain, as Mr. WELDON of Florida. I will not Bilirakis Hayes Pickering are many Members in this House, that Blunt Hayworth Pitts yield. Boehlert Hefley Platts this does away with stem cell research The SPEAKER pro tempore. The gen- Boehner Herger Pombo despite the fact that the gentleman tlewoman will suspend. The gentleman Bonilla Hilleary Pomeroy from Florida (Mr. WELDON) believes it from Florida has the time. Brady (TX) Hobson Portman does not. There are far too many of us Brown (SC) Hoekstra Pryce (OH) Mr. WELDON of Florida. Mr. Speak- Bryant Holden Putnam that believe that it does. er, I would be very pleased to discuss Burr Hostettler Quinn There are far too many questions left the issue of reproductive cloning. It Burton Houghton Radanovich unanswered. The underlying case is, is does not exist. It is a theoretical con- Buyer Hulshof Rahall the United States going to turn its Callahan Hunter Regula struct. Calvert Hyde Rehberg back on science, and let other coun- I was just on the phone with a physi- Camp Isakson Reynolds tries do it and then prohibit, with this cian colleague from Chicago last night, Cannon Issa Riley legislation, the ability for us to even who spoke to the world’s most eminent Cantor Istook Roemer take advantage of breakthroughs, if Capito Jenkins Rogers (KY) embryologist at Stanford University, Carson (OK) John Rogers (MI) they occur in another country, because and I am quoting from him when he Chabot Johnson (IL) Rohrabacher we cannot import the cure? says, ‘‘It is pie in the sky.’’ Chambliss Johnson, Sam Ros-Lehtinen What a terrible thought that must be One other thing I just want to clar- Coble Jones (NC) Ryan (WI) for people out there who are waiting on Collins Keller Ryun (KS) ify: My colleague, the gentleman from Combest Kelly Saxton a daily basis for something wonderful Florida (Mr. DEUTSCH), said the so- Cooksey Kennedy (MN) Scarborough to happen to save the life of someone matic cell nuclear transfer creating a Costello Kerns Schaffer who means the world to them, for peo- Cox Kildee Schrock cloned embryo is not the creation of Crane King (NY) Sensenbrenner ple who sit by a child’s bedside and for life. I think to put forward that notion Crenshaw Kingston Sessions people who pray every day for some de- is totally absurd. That is like saying Cubin Kirk Shadegg liverance from some awful scourge. I Dolly is not alive. Culberson Knollenberg Sherwood think they expect from us to know Cunningham Kucinich Shimkus We are talking about creating human Davis, Jo Ann Langevin Shows what we are doing here today. embryos for destructive research pur- Davis, Tom Largent Shuster I urge with all my heart a no vote on poses, creating them. We are not talk- Deal Latham Simmons this rule to give us time in this House ing about using the embryos in the IVF DeLay LaTourette Simpson to really understand what we are doing DeMint Leach Skeen clinics anymore, in the freezers, the so- Diaz-Balart Lewis (CA) Skelton because of the far-reaching implica- called excess embryos; we are talking Doolittle Lewis (KY) Smith (MI) tions of this legislation. about creating them for research pur- Doyle Linder Smith (NJ) Mr. Speaker, I yield back the balance poses. I believe that is a line we do not Dreier LoBiondo Smith (TX) of my time. Duncan Lucas (KY) Souder want to cross. Dunn Lucas (OK) Stearns The SPEAKER pro tempore (Mr. GIB- We will have that debate in a little Ehlers Manzullo Stenholm BONS). The time of the gentlewoman while. I encourage everyone to vote yes Ehrlich Mascara Stump from New York has expired. Emerson Matheson Stupak on this rule. English McCarthy (NY) Sununu The gentlewoman from North Caro- Mrs. MYRICK. Mr. Speaker, I urge 1 Everett McCrery Sweeney lina has 2 ⁄2 minutes remaining and has my colleagues to vote yes on this rule Ferguson McHugh Tancredo the right to close. so we can go ahead and have this de- Flake McInnis Tauzin Mrs. MYRICK. Mr. Speaker, I yield bate, and discuss this complex and sub- Fletcher McIntyre Taylor (MS) myself such time as I may consume. Foley McKeon Taylor (NC) stantive issue. Forbes McNulty Terry Mr. Speaker, I would like to clarify a Mr. Speaker, I yield back the balance Fossella Mica Thomas remark based on what the gentle- of my time, and I move the previous Frelinghuysen Miller, Gary Thornberry woman from New York (Ms. SLAUGH- question on the resolution. Gallegly Mollohan Thune TER) said. I said that the amendments Ganske Moran (KS) Tiahrt The previous question was ordered. Gekas Morella Tiberi of everybody who came before the The SPEAKER pro tempore. The Gibbons Myrick Toomey Committee on Rules, who came to tes- question is on the resolution. Gilchrest Nethercutt Traficant tify, were accepted. The other amend- The question was taken; and the Gillmor Ney Turner Goode Northup Vitter ments were rejected in the Committee Speaker pro tempore announced that Goodlatte Norwood Walden on the Judiciary. the ayes appeared to have it. H4916 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Walsh Weldon (PA) Wolf question of suspending the rules and Lucas (KY) Peterson (PA) Smith (MI) Wamp Weller Wu Lucas (OK) Petri Smith (NJ) Watkins (OK) Whitfield Young (AK) passing the bill, H.R. 2540, as amended. Luther Phelps Smith (TX) Watts (OK) Wicker Young (FL) The Clerk read the title of the bill. Maloney (CT) Pickering Smith (WA) Weldon (FL) Wilson The SPEAKER pro tempore. The Maloney (NY) Pitts Snyder Manzullo Platts Solis NAYS—188 question is on the motion offered by Markey Pombo Souder Abercrombie Gephardt Murtha the gentleman from New Jersey (Mr. Mascara Pomeroy Spratt Ackerman Gilman Nadler SMITH) that the House suspend the Matheson Portman Stearns Allen Gonzalez Napolitano rules and pass the bill, H.R. 2540, as Matsui Price (NC) Stenholm Andrews Gordon Neal McCarthy (MO) Pryce (OH) Strickland Baca Granger Obey amended, on which the yeas and nays McCarthy (NY) Putnam Stump Baird Green (TX) Olver are ordered. McCollum Quinn Stupak Baldacci Gutierrez Owens This is a 5-minute vote. McCrery Radanovich Sununu Baldwin Harman Pallone McDermott Rahall Sweeney Barrett Hill Pascrell The vote was taken by electronic de- McGovern Ramstad Tancredo Bass Hilliard Pastor vice, and there were—yeas 422, nays 0, McHugh Rangel Tanner Becerra Hinchey Payne not voting 11, as follows: McInnis Regula Tauscher Bentsen Hinojosa Pelosi McIntyre Rehberg Tauzin Berkley Hoeffel Price (NC) [Roll No. 301] McKeon Reyes Taylor (MS) Berman Holt Ramstad YEAS—422 McKinney Reynolds Taylor (NC) Bishop Honda Rangel McNulty Rivers Terry Abercrombie Crane Blagojevich Hooley Reyes Hart Meehan Rodriguez Thomas Ackerman Crenshaw Blumenauer Horn Rivers Hastings (WA) Meek (FL) Roemer Thompson (CA) Aderholt Crowley Bonior Hoyer Rodriguez Hayes Meeks (NY) Rogers (KY) Thornberry Akin Cubin Bono Inslee Ross Hayworth Menendez Rogers (MI) Thune Allen Culberson Borski Israel Rothman Hefley Mica Rohrabacher Thurman Andrews Cummings Boswell Jackson (IL) Roukema Herger Millender- Ros-Lehtinen Tiahrt Armey Cunningham Boucher Jackson-Lee Roybal-Allard Hill McDonald Ross Tiberi Baca Davis (CA) Boyd (TX) Royce Hilleary Miller (FL) Rothman Tierney Bachus Davis (FL) Brady (PA) Jefferson Rush Hilliard Miller, Gary Roukema Toomey Baird Davis (IL) Brown (FL) Johnson (CT) Sabo Hinchey Miller, George Roybal-Allard Towns Baker Davis, Jo Ann Brown (OH) Johnson, E. B. Sanchez Hinojosa Mink Royce Traficant Baldacci Davis, Tom Capps Kanjorski Sanders Hobson Mollohan Rush Turner Baldwin Deal Capuano Kaptur Sandlin Hoeffel Moore Ryan (WI) Udall (CO) Ballenger DeFazio Cardin Kennedy (RI) Sawyer Hoekstra Moran (KS) Ryun (KS) Udall (NM) Barcia DeGette Carson (IN) Kilpatrick Schakowsky Holden Moran (VA) Sabo Upton Barr Delahunt Castle Kind (WI) Schiff Holt Morella Sanchez Velazquez Barrett DeLauro Clay Kleczka Scott Honda Murtha Sanders Visclosky Bartlett DeLay Clayton Kolbe Serrano Hooley Myrick Sandlin Vitter Barton DeMint Clement LaFalce Shaw Horn Nadler Sawyer Walden Bass Deutsch Clyburn Lampson Shays Hostettler Napolitano Saxton Walsh Becerra Diaz-Balart Condit Lantos Sherman Houghton Neal Scarborough Wamp Bentsen Dicks Conyers Larsen (WA) Slaughter Hoyer Nethercutt Schaffer Waters Bereuter Dingell Coyne Larson (CT) Smith (WA) Hulshof Ney Schakowsky Watkins (OK) Berkley Doggett Cramer Lee Snyder Hunter Northup Schiff Watson (CA) Berman Dooley Crowley Levin Solis Hyde Norwood Schrock Watt (NC) Berry Doolittle Cummings Lewis (GA) Spratt Inslee Nussle Scott Watts (OK) Biggert Doyle Davis (CA) Lofgren Strickland Isakson Oberstar Sensenbrenner Waxman Bilirakis Dreier Davis (FL) Lowey Tanner Israel Obey Serrano Weiner Bishop Duncan Davis (IL) Luther Tauscher Issa Olver Sessions Weldon (FL) Blagojevich Dunn DeFazio Maloney (CT) Thompson (CA) Istook Ortiz Shadegg Weldon (PA) Blumenauer Edwards DeGette Maloney (NY) Thompson (MS) Jackson (IL) Osborne Shaw Weller Blunt Ehlers Delahunt Markey Thurman Jackson-Lee Ose Shays Wexler Boehlert Ehrlich DeLauro Matsui Tierney (TX) Otter Sherman Whitfield Boehner Emerson Deutsch McCarthy (MO) Towns Jefferson Owens Sherwood Wicker Bonilla Engel Dicks McCollum Udall (CO) Jenkins Oxley Shimkus Wilson Bonior English Dingell McDermott Udall (NM) John Pallone Shows Wolf Bono Eshoo Doggett McGovern Upton Johnson (CT) Pascrell Shuster Woolsey Borski Etheridge Dooley McKinney Velazquez Johnson (IL) Pastor Simmons Wynn Boswell Evans Edwards Meehan Visclosky Johnson, E. B. Paul Simpson Young (AK) Boucher Everett Engel Meek (FL) Waters Johnson, Sam Pelosi Skeen Young (FL) Boyd Farr Eshoo Meeks (NY) Watson (CA) Jones (NC) Pence Skelton Brady (PA) Fattah Etheridge Menendez Watt (NC) Kanjorski Peterson (MN) Slaughter Brady (TX) Ferguson Evans Millender- Waxman Kaptur Brown (FL) Filner Farr McDonald Weiner Keller NOT VOTING—11 Brown (OH) Flake Fattah Miller (FL) Wexler Kelly Gordon Lipinski Stark Brown (SC) Fletcher Filner Miller, George Woolsey Kennedy (MN) Hastings (FL) Payne Thompson (MS) Bryant Foley Ford Mink Wynn Kennedy (RI) Hutchinson Riley Wu Burr Forbes Frank Moore Kerns Jones (OH) Spence Burton Ford Frost Moran (VA) Kildee Buyer Fossella Kilpatrick b 1453 NOT VOTING—7 Callahan Frank Kind (WI) Calvert Frelinghuysen King (NY) So (two-thirds having voted in favor Hastings (FL) LaHood Stark Camp Frost Kingston Hutchinson Lipinski thereof), the rules were suspended and Cannon Gallegly Kirk Jones (OH) Spence Cantor Ganske Kleczka the bill, as amended, was passed. The result of the vote was announced b 1442 Capito Gekas Knollenberg Capps Gephardt Kolbe as above recorded. Ms. BALDWIN and Mr. PASTOR Capuano Gibbons Kucinich A motion to reconsider was laid on Cardin Gilchrest LaFalce changed their vote from ‘‘yea’’ to Carson (IN) Gillmor LaHood the table. ‘‘nay.’’ Carson (OK) Gilman Lampson Mr. RILEY. Mr. Speaker, I was unavoidably Mr. GARY G. MILLER of California Castle Gonzalez Langevin detained for rollcall No. 301, H.R. 2540, the and Mr. RADANOVICH changed their Chabot Goode Lantos Chambliss Goodlatte Largent Veterans Benefits Act of 2001. Had I been vote from ‘‘nay’’ to ‘‘yea.’’ Clay Goss Larsen (WA) present I would have voted ‘‘yea.’’ So the resolution was agreed to. Clayton Graham Larson (CT) f The result of the vote was announced Clement Granger Latham Clyburn Graves LaTourette as above recorded. Coble Green (TX) Leach HUMAN CLONING PROHIBITION A motion to reconsider was laid on Collins Green (WI) Lee ACT OF 2001 the table. Combest Greenwood Levin Condit Grucci Lewis (CA) Mr. SENSENBRENNER. Mr. Speak- f Conyers Gutierrez Lewis (GA) er, pursuant to House Resolution 214, I Cooksey Gutknecht Lewis (KY) call up the bill (H.R. 2505) to amend VETERANS BENEFITS ACT OF 2001 Costello Hall (OH) Linder title 18, United States Code, to prohibit Cox Hall (TX) LoBiondo The SPEAKER pro tempore (Mr. GIB- Coyne Hansen Lofgren human cloning, and ask for its imme- BONS). The pending business is the Cramer Harman Lowey diate consideration. July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4917 The Clerk read the title of the bill. The SPEAKER pro tempore. The The SPEAKER pro tempore. After 1 The SPEAKER pro tempore (Mr. GIB- amendments printed in the bill are hour of debate on the bill, as amended, BONS). Pursuant to House Resolution adopted. it shall be in order to consider the fur- 214, the bill is considered read for The text of H.R. 2505, as amended, is ther amendment printed in House Re- amendment. as follows: port 107–172, if offered by the gen- The text of H.R. 2505 is as follows: H.R. 2505 tleman from Virginia (Mr. SCOTT), or H. R. 2505 Be it enacted by the Senate and House of Rep- his designee, which shall be debatable Be it enacted by the Senate and House of Rep- resentatives of the United States of America in for 10 minutes, equally divided and con- resentatives of the United States of America in Congress assembled, trolled by the proponent and an oppo- Congress assembled, SECTION 1. SHORT TITLE. nent. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Human After disposition of the amendment This Act may be cited as the ‘‘Human Cloning Prohibition Act of 2001’’. by the gentleman from Virginia (Mr. Cloning Prohibition Act of 2001’’. SEC. 2. PROHIBITION ON HUMAN CLONING. SCOTT), it shall be in order to consider SEC. 2. PROHIBITION ON HUMAN CLONING. (a) IN GENERAL.—Title 18, United States the further amendment printed in the (a) IN GENERAL.—Title 18, United States Code, is amended by inserting after chapter Code, is amended by inserting after chapter 15, the following: report by the gentleman from Pennsyl- vania (Mr. GREENWOOD), which shall be 15, the following: ‘‘CHAPTER 16—HUMAN CLONING considered read and debatable for 1 ‘‘CHAPTER 16—HUMAN CLONING ‘‘Sec. ‘‘Sec. ‘‘301. Definitions. hour, equally divided and controlled by ‘‘301. Definitions. ‘‘302. Prohibition on human cloning. the proponent and an opponent. ‘‘302. Prohibition on human cloning. ‘‘§ 301. Definitions The gentleman from Wisconsin (Mr. ‘‘§ 301. Definitions ‘‘In this chapter: SENSENBRENNER) and the gentleman ‘‘In this chapter: ‘‘(1) HUMAN CLONING.—The term ‘human from Michigan (Mr. CONYERS) each will ‘‘(1) HUMAN CLONING.—The term ‘human cloning’ means human asexual reproduction, control 30 minutes of debate on the cloning’ means human asexual reproduction, accomplished by introducing nuclear mate- bill. accomplished by introducing nuclear material from one or more human somatic cells The Chair recognizes the gentleman rial from one or more human somatic cells into a fertilized or unfertilized oocyte whose from Wisconsin (Mr. SENSENBRENNER). into a fertilized or unfertilized oocyte whose nuclear material has been removed or inac- GENERAL LEAVE nuclear material has been removed or inac- tivated so as to produce a living organism Mr. SENSENBRENNER. Mr. Speak- tivated so as to produce a living organism (at any stage of development) that is geneti- (at any stage of development) that is genetically virtually identical to an existing or er, I ask unanimous consent that all cally virtually identical to an existing or previously [exisiting] existing human orga- Members may have 5 legislative days previously exisiting human organism. nism. within which to revise and extend their ‘‘(2) ASEXUAL REPRODUCTION.—The term ‘‘(2) ASEXUAL REPRODUCTION.—The term remarks and include extraneous mate- ‘asexual reproduction’ means reproduction ‘asexual reproduction’ means reproduction rial on H.R. 2505, the bill under consid- not initiated by the union of oocyte and not initiated by the union of oocyte and eration. sperm. sperm. The SPEAKER pro tempore. Is there ‘‘(3) SOMATIC CELL.—The term ‘somatic ‘‘(3) SOMATIC CELL.—The term ‘somatic objection to the request of the gen- cell’ means a diploid cell (having a complete cell’ means a diploid cell (having a complete set of chromosomes) obtained or derived set of chromosomes) obtained or derived tleman from Wisconsin? from a living or deceased human body at any from a living or deceased human body at any There was no objection. stage of development. stage of development. Mr. SENSENBRENNER. Mr. Speak- 1 ‘‘§ 302. Prohibition on human cloning ‘‘§ 302. Prohibition on human cloning er, I yield myself 5 ⁄2 minutes. Mr. Speaker, I rise in support of H.R. ‘‘(a) IN GENERAL.—It shall be unlawful for ‘‘(a) IN GENERAL.—It shall be unlawful for any person or entity, public or private, in or any person or entity, public or private, in or 2505, the Human Cloning Prohibition affecting interstate commerce, knowingly— affecting interstate commerce, knowingly— Act of 2001. This bill criminalizes the ‘‘(1) to perform or attempt to perform ‘‘(1) to perform or attempt to perform act of cloning humans, importing human cloning; human cloning; cloned humans, and importing products ‘‘(2) to participate in an attempt to per- ‘‘(2) to participate in an attempt to per- derived from cloned humans. It is what form human cloning; or form human cloning; or is needed, a comprehensive ban against ‘‘(3) to ship or receive for any purpose an ‘‘(3) to ship or receive for any purpose an cloning humans. It has bipartisan co- embryo produced by human cloning or any embryo produced by human cloning or any sponsorship. It was reported favorably product derived from such embryo. product derived from such embryo. ‘‘(b) IMPORTATION.—It shall be unlawful for ‘‘(b) IMPORTATION.—It shall be unlawful for by the Committee on the Judiciary on any person or entity, public or private, any person or entity, public or private, July 24, and is supported by the Sec- knowingly to import for any purpose an em- knowingly to import for any purpose an em- retary of the Department of Health and bryo produced by human cloning, or any bryo produced by human cloning, or any Human Services, Tommy J. Thompson, product derived from such embryo. product derived from such embryo. and by President Bush. ‘‘(c) PENALTIES.— ‘‘(c) PENALTIES.— Today we are considering more than ‘‘(1) CRIMINAL PENALTY.—Any person or en- ‘‘(1) CRIMINAL PENALTY.—Any person or en- the moral and ethical issues raised by tity who violates this section shall be fined tity [who] that violates this section shall be human cloning. This vote is about pro- under this section or imprisoned not more fined under this [section] title or imprisoned than 10 years, or both. not more than 10 years, or both. viding moral leadership for a watching ‘‘(2) CIVIL PENALTY.—Any person or entity ‘‘(2) CIVIL PENALTY.—Any person or entity world. We have the largest and most that violates any provision of this section that violates any provision of this section powerful research community on the shall be subject to, in the case of a violation shall be subject to, in the case of a violation face of the Earth, and we devote more that involves the derivation of a pecuniary that involves the derivation of a pecuniary money to research and development gain, a civil penalty of not less than gain, a civil penalty of not less than than any other Nation in the world. Al- $1,000,000 and not more than an amount equal $1,000,000 and not more than an amount equal though many other nations have al- to the amount of the gross gain multiplied to the amount of the gross gain multiplied ready taken steps to ban human by 2, if that amount is greater than by 2, if that amount is greater than $1,000,000. $1,000,000. cloning, the world is waiting for the ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this United States to set the moral tone section restricts areas of scientific research section restricts areas of scientific research against this experimentation. not specifically prohibited by this section, not specifically prohibited by this section, Currently in the United States there including research in the use of nuclear including research in the use of nuclear are no clear rules or regulations over transfer or other cloning techniques to transfer or other cloning techniques to privately funded human cloning. Al- produce molecules, DNA, cells other than produce molecules, DNA, cells other than though the FDA has announced that it human embryos, tissues, organs, plants, or human embryos, tissues, organs, plants, or has the authority to regulate human animals other than humans.’’. animals other than humans.’’. (b) CLERICAL AMENDMENT.—The table of (b) CLERICAL AMENDMENT.—The table of cloning through the Public Health chapters for part I of title 18, United States chapters for part I of title 18, United States Service Act and the Food, Drug and Code, is amended by inserting after the item Code, is amended by inserting after the item Cosmetic Act, this authority is unclear relating to chapter 15 the following: relating to chapter 15 the following: and has not been tested. The fact of the ‘‘16. Human Cloning ...... 301’’. ‘‘16. Human Cloning ...... 301’’. matter is that the FDA cannot stop H4918 CONGRESSIONAL RECORD — HOUSE July 31, 2001 human cloning; it can only begin to As most people know, Dolly the we need to keep experimenting with regulate it. This will be a day late and sheep was cloned in 1997. Since that nuclear cell transfer. a dollar short for a clone that is used time, scientists from around the globe That is why I am trying to give the for research, harvesting organs, or born have experimentally cloned a number gentleman from Florida (Mr. WELDON), grotesquely deformed. of monkeys, mice, cows, goats, lambs, as much credit as humanly possible. It Meanwhile, there is a select group of bulls and pigs. It took 276 attempts to is half right, it is half wrong; and we privately funded scientists and reli- clone Dolly, and these later experi- are trying, in this debate, to make that gious sects who are prepared to begin ments also produced a very low rate of correction. cloning human embryos and attempt- success, a dismal 3 percent. Now, some Now, if we really wanted to do some- ing to produce a cloned child. While of the same scientists would like to add thing about cloning, about the problem they believe this brave new world of people to their experimental list. of reproducing real people, then we in- Frankenstein science will benefit man- Human cloning is ethically and mor- vite the other side to join with us in kind, most would disagree. In fact, vir- ally offensive and contradicts virtually passing the Greenwood-Deutsch sub- tually every widely known and re- everything America stands for. It di- stitute to criminalize reproductive spected organization that has taken a minishes the careful balance of human- cloning that will also be considered by position on reproductive human ity that Mother Nature has installed in the House today, for there is broad bi- cloning flatly opposes this notion be- each of us. If we want a society where partisan support on both sides of the cause of the extreme ethical and moral life is respected, we should take what- aisle for such a proposition, and we concerns. ever steps are necessary to prohibit could come together and do something Others argue that cloned humans are human cloning. that I believe most of our citizens the key that will unlock the door to I believe we need to send a clear and would like. medical achievements in the 21st cen- distinct message to the watching world Mr. Speaker, I reserve the balance of tury. Nothing could be further from that America will not permit human my time. the truth. These miraculous achieve- cloning and that it does support sci- Mr. SENSENBRENNER. Mr. Speak- ments may be found through stem cell entific research. This bill sends this er, I yield 3 minutes to the distin- research, but not cloning. message, that it permits cloning re- guished gentleman from Illinois (Mr. Let me be perfectly clear: H.R. 2505 search on human DNA molecules, cells, HYDE), the distinguished former chair- does not in any way impede or prohibit tissues, organs or animals, but pre- man of the Committee on the Judici- stem cell research that does not re- vents the creation of cloned human em- ary. quire cloned human embryos. This de- bryos. (Mr. HYDE asked and was given per- bate is whether or not it should be Mr. Speaker, support H.R. 2505. Stop mission to revise and extend his re- legal in the United States to clone human cloning and preserve the integ- marks.) human beings. rity of mankind and allow scientific re- Mr. HYDE. Mr. Speaker, I rise in sup- While H.R. 2505 does not prohibit the search to continue. port of the Weldon-Stupak bill. use of cloning techniques to produce Mr. CONYERS. Mr. Speaker, I yield Every Member of this House casts thou- molecules, DNA cells other than myself such time as I may consume. sands of votes in the course of a congres- human embryos, tissues, organs, Mr. Speaker, I would like to com- sional career. Some of those votes we re- plants, and animals other than hu- mend the Members for an excellent de- member with satisfaction; others we remember mans, it does prohibit the creation of bate during the debate on the rule, as with less pleasure. That is the burden we take cloned embryos. This is absolutely nec- well as I hope this one will be construc- on ourselves when we take the oath of our of- essary to prevent human cloning, be- tive. I ask the Members, suppose you fice: the burden of decision. cause, as we all know, embryos become learned that you had contracted a We should feel the gravity of that burden people. deadly disease, Alzheimer’s, multiple today. For no vote that any of us will ever cast If scientists were permitted to clone sclerosis, but the Congress had banned is as fraught with consequence as our vote on embryos, they would eventually be the single most promising avenue for whether or not to permit human cloning. stockpiled and mass-marketed. In addi- curing the disease. And that is pre- Advances in the life sciences have brought tion, it would be impossible to enforce cisely what we will be doing if we pass us to a decisive fork in the road. Will our new a ban on human reproductive cloning. the Weldon bill in its present form, be- genertic knowledge and the biotechnologies it Therefore, any legislative attempt to cause it is a sweeping bill. helps create, promote healing and genuine ban human cloning must include em- Let us give it credit. It is half right, human flourishing? Or will we use this new bryos. it is half wrong. But it is so sweeping knowledge to remanufacture the human condi- that it would not only ban reproduction by manufacturing human beings? b 1500 tive cloning, but all uses of nuclear cell The first road leads us to a brighter future, Should human cloning ever prove transfer for experimental purposes. in which lives are enhanced and possibilities successful, its potential applications This would stop ongoing studies de- are enlarged, for the betterment of individuals and expected demands would undoubt- signed to help persons suffering from a and humanity. The second road leads us into edly and ultimately lead to a world- whole litany of diseases. So far-reach- the brave new world so chillingly described by wide mass market for human clones. ing is this measure that it bans the im- Aldous Huxley more than 60 years ago; a Human clones would be used for med- portation even of lifesaving medicine world of manufactured men and women, de- ical experimentation, leading to from other countries if it has had any- signed to someone else’s specifications, for human exploitation under the good thing to do with experimental cloning. someone’s else’s benefit, in order to fulfill name of medicine. Parents would want What does it mean? If another nation’s someone else’s agenda. the best genes for their children, cre- scientist developed a cure for cancer, it When manufacture replaces begetting as ating a market for human designer would be illegal for persons living in the means to create the human future, the de- genes. this country to benefit from the drug. humanization of the future is here. Again, governments will have to Question: Does this make good pol- That is what is at stake in this vote. That is weigh in to decide questions such as icy? Is this really what we want to do what we are being asked to decide today. Are what rights do human clones hold, who here this afternoon? we going to use the new knowledge given us is responsible for human clones, who Besides that, the legislation would by science for genuinely humane ends? Or will ensure their health, and what totally undermine lifesaving stem cell are we going to slide slowly, inexorably into interaction will clones have with their research that so many Members in the brave new world? genealogical parent. both bodies strongly support. One need When we succeeded in splitting the atom, Fortunately, Mr. Speaker, the gen- not be a surgeon to understand that it an entire new world of knowledge about the tleman from Florida (Mr. WELDON) and is far preferable to replace diseased and physical universe opened before us. At the the gentleman from Michigan (Mr. cancer-ridden cells with new cells same time, as we remember all too well from STUPAK) have introduced this legisla- based on a patient’s own DNA. We sim- the cold war, our new knowledge of physics, tion before a cloned human has been ply cannot replicate the needed cells and the weapons it made possible, handed us produced. with adult cells only, and this is why the key to our own destruction. It continues to July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4919 take the most serious moral and political re- Mr. SENSENBRENNER. Mr. Speak- science in New Orleans, stem cells de- flection to manage the knowledge that physics er, I yield 3 minutes to the gentleman rived from somatic nuclear transfer gave us six decades ago. from Texas (Mr. SMITH), the chairman technology were used with primates, Now we face a similar, perhaps even great- of the Subcommittee on Crime. paralyzed monkeys. Astonishingly, the er, challenge. The mapping of the human ge- Mr. SMITH of Texas. Mr. Speaker, I monkeys were able to regain some nome and other advances in the life sciences thank the gentleman from Wisconsin movement. For paraplegics, this is a have given humanity a range and breadth of for yielding time. bright ray of hope. knowledge just as potent in its possibility as Mr. Speaker, the manufacture of Since when did outlawing research to the knowledge acquired by the great physi- cloned human beings rightly alarms an cure awful diseases become the morally cists of the mid-twentieth century. Our new overwhelming majority of Americans. correct position? I believe that sci- knowledge in the life sciences contains within Some 90 percent oppose human cloning, entific research to save lives and ease itself the seeds of good—for it is knowledge according to a recent Time/CNN poll. suffering is highly moral and ethical that could be used to cure the sick and en- The National Bioethics Advisory Com- and right. Some disagree and oppose hance the lives of us all. But, like the knowl- mission unanimously concluded that this science. Well, they have the right edge gained by the physicists, the new knowl- ‘‘Any attempt to clone a child is uncer- to disagree, but nobody will force them edge acquired by biology and genetics can tain in its outcome, is unacceptably to accept the cures that science may also be used to do great evil: and that is what dangerous to the fetus and, therefore, yield. If your religious beliefs will not human cloning is. It is a great evil. For it turns morally unacceptable.’’ That is why let you accept a cure for your child’s the gift of life into a product—a commodity. this bill prohibits all human cloning. cancer, so be it. But do not expect the We have just enough time, now, to create a A partial ban would allow for stock- rest of America to let their loved ones set of legal boundaries to guide the deploy- piles of cloned human embryos to be suffer without cure. ment of the new genetic knowledge and the produced, bought and sold without re- Our job in Congress is not to pick the development of the new biotechnologies so strictions. Implantation of cloned em- most restrictive religious view of that this good thing—enhanced understanding bryos, a relatively easy procedure, science and then impose that view of the mysteries of life itself—serves good would inevitably take place. Once upon Federal law. We live in a Democ- ends, not dehumanizing ends. We have just cloned embryos are produced and avail- racy, not a Theocracy. enough time to insure that we remain the able in laboratories, it is impossible to Vote for the amendment that will masters of our technology, not its products. control what is done with them, so a save stem cell research and then we We should use that time well—which is to say, partial ban is simply unenforceable. can all vote for a bill that bans cloning It has been argued that this bill thoughtfully. The new knowledge from the life humans, and only that. would have a negative impact on sci- sciences demands of us a new moral serious- Mr. SENSENBRENNER. Mr. Speak- entific research, but this assertion is er, I yield 2 minutes to the distin- ness and a new quality of public reflection. unsupported, both by the language in guished gentlewoman from Pennsyl- These are not issues to be resolved by poli- the bill and by the testimony received vania (Ms. HART). tics-as-usual, any more than the issue of by the Subcommittee on Crime during Ms. HART. Mr. Speaker, I rise in sup- atomic energy could be resolved by politics- two hearings. The language in the bill as-usual. These are issues that demand in- port of the Weldon-Stupak bill. allows for research in the use of nu- Simply put, cloning another human formed and courageous consciences. clear transfer or other cloning tech- As free people, we have the responsibility to being, especially for the purpose of niques used to produce molecules, conducting experiments on the tiniest make decisions about the deployment of our DNA, cells, tissues, organs, plants or form of human being, is wrong. It is new genetic knowledge with full awareness of animal. Furthermore, Mr. Speaker, clear that it violates a principle that I the profound moral issues at stake. The ques- there is no language in the bill that think we all accept of human individ- tions before us in this bill, and in setting the would interfere with the use of in vitro uality and human dignity. That is why legal framework for the future development of fertilization, the administration of fer- it is imperative that all of us support biotechnology, are not questions that can be tility-enhancing drugs, or the use of this bill. It is a responsible and rea- well-answered by a simple calculus of utility: other medical procedures to assist a soned proposal, and it will ensure that will it ‘‘work?’’ The questions raised by our woman from becoming or remaining new biological and genetic knowledge sum- pregnant. we maintain our strong ethical prin- mon us to remember that most ancient of Mr. Speaker, I urge my colleagues to ciples. We must have ethical principles moral teachings, enshrined in every moral sys- support this legislation and oppose the to guide scientific research and in- tem known to humankind: never, ever use an- substitute. quiry. other human being as a mere means to some Mr. CONYERS. Mr. Speaker, I am No one who supports this bill sug- other end. That principle is the foundation of pleased to yield such time as she may gests that we stop scientific research. human freedom. consume to the gentlewoman from In fact, cloning has been used and When human life is special-ordered rather California (Ms. LOFGREN), a member of should continue to be used to produce than conceived, ‘‘human life’’ will never be the the committee. tissues. It should not, however, be used same again. Begetting the human future, not (Ms. LOFGREN asked and was given to produce human beings. manufacturing it, is the fork in the road before permission to revise and extend her re- If we do not draw a clear line now, us. Indeed, to describe that fork in those terms marks.) when will we do so? There are so many is not quite right. For a manufactured human Ms. LOFGREN. Mr. Speaker, this bill very serious questions that human future is not a human, or humane, future. bans human cloning. Almost all of us cloning raises, questions about con- The world is watching us, today. How the agree with that. The problem is, the ducting experiments on a human being United States applies the moral wisdom of the bill does much more. It makes cutting- bred essentially for that purpose; ques- ages to the new questions of the revolution in edge science a crime. It would make so- tions about the evils of social and ge- biotechnology will set an example, for good or matic cell nuclear transfer a felony. netic engineering; questions about the for ill, for the rest of humankind. If we make An egg is stripped of its 23 chro- rights and liberties of living beings, of the decision we should today, in support of mosomes, 46 chromosomes are taken human beings. Congressman’s WELDON’s bill, the world will from the cell, say, of a piece of skin, What about a being that is created in know that there is nothing inexorable about and inserted into the egg. In 2 weeks, the laboratory and patented as a prod- human cloning, and that it is possible for us to there is a clump of cells, undifferen- uct? It is still a human being. guide, rather than be driven by, the new ge- tiated, without organs, internal struc- There are too many serious questions netics. The world will know that there is a bet- tures, nerves. Each of these cells may that human cloning brings to the fore. ter, more humane way to deploy the power grow into any kind of cell, to cure can- They all have very serious con- that science has put into our hands. cer, Parkinson’s, Alzheimer’s, even spi- sequences. The consequences that And the world will know that America still nal cord injuries. Use of one’s own DNA human cloning raises are all ethical stands behind the pledge of our founding, a for the curing cells avoids the danger questions. For us to move forward and pledge to honor the integrity, the dignity, the of rejection. allow science to be conducted without sanctity, of every human life, as the foundation Just last week, as reported at the an- ethical and moral intervention is just of our freedom. nual meeting at the Society for Neuro- crazy. H4920 CONGRESSIONAL RECORD — HOUSE July 31, 2001 We need nothing short of a full and from Ohio (Mr. KUCINICH), who will sight of what is produced and does not clear ban on human cloning; otherwise, show how bipartisan support is for this allow for public oversight. The sub- we are not promoting responsible sci- bill. stitute allows companies to proceed entific inquiry, we are promoting bad Mr. KUCINICH. Mr. Speaker, I thank with controversial cloning with nearly science fiction and making it a reality. the gentleman from Wisconsin for complete confidentiality. Mr. CONYERS. Mr. Speaker, I yield 3 yielding time to me. Cloning is not an issue for the profit- minutes to the gentleman from Massa- Mr. Speaker, the pro-life pro-choice motivated biotech industry to charge chusetts (Mr. DELAHUNT), a member of debate has centered on a disagreement ahead with; cloning is an issue for Con- the Committee on the Judiciary. about the rights of the mother and gress to consider carefully, openly, and Mr. DELAHUNT. Mr. Speaker, I whether her fetus has legally recog- thoughtfully. That is why I support the thank the gentleman for yielding time. nized rights. But in this debate on Weldon bill. I urge that all others sup- Mr. Speaker, I intend to vote against human cloning, there is no woman. The port it as well. the underlying bill and against the al- reproduction and gestation of the Mr. CONYERS. Mr. Speaker, I yield ternative as well, because I do not be- human embryo takes place in the fac- such time as he may consume to the lieve that I know what I need to know tory or laboratory; it does not take gentleman from New York (Mr. NAD- before casting a vote of such profound place in a woman’s uterus. LER), a senior member of the Com- consequence. I am not ready to decide Therefore, the concern for the protec- mittee on the Judiciary. the intricate and fundamental question of a woman’s right does not arise Mr. NADLER. Mr. Speaker, I thank tions raised by this legislation on the in this debate on human cloning. There the gentleman for yielding time to me. basis of a single hearing held on a sin- is no woman in this debate. There is no We all agree that the cloning of gle afternoon at which the sub- mother. There is no father. But there is human beings should be banned. The committee heard only 5 minutes of tes- a corporation functioning as creator, cloning of individual cells is a different timony from only four witnesses, a investor, manufacturer, and marketer matter. We know that stem cells have hearing which many Members, myself of cloned human embryos. To the cor- the potential to cure many diseases, to included, were not even able to attend. poration, it is just another product save millions of lives, to enable the Proponents of the bill have warned, with commercial value. This reduces paralyzed to walk and feel again, po- and I speak to the underlying bill, that the embryo to just another input. tentially even to enable the maimed to What we are discussing today in the this is but the ‘‘opening skirmish of a grow new arms and legs. Greenwood bill is the right of a cor- long battle against eugenics and the We also know that nuclear cell trans- post-human future.’’ They say that poration to create human embryos for the marketplace, and perhaps they will fer, cloning of individual cells, may be without this sweeping legislation, we the best or only way to allow stem cell will make inevitable the cloning of be used for research, perhaps they will be just for profit, all taking place in a therapy to work to cure diseases, be- human beings, which I believe everyone cause by using stem cells produced by in this Chamber deplores. private lab. But is this purely a private matter, cloning one of the patient’s own cells, Supporters of the substitute respond we can avoid the immunological rejec- that the bill is far broader than it this business of enucleating an egg and inserting DNA material from a donor tion of the stem cells used to treat the needs to be to achieve its objective, disease. and that a total ban on human somatic cell, creating human embryos for re- Why should we prohibit, as this bill cell nuclear transfer could close off search, for experimentation, for de- does, the cloning of cells? Why should avenues of inquiry that offer benign struction, or perhaps, though not in- we prohibit the research to lead to and potentially lifesaving benefits for tended, for implantation? Is this just a these kinds of cures? Only because of humanity. matter between the clone and the corporation, or does society have a stake the belief that a blastocyst, a clump of 1515 b in this debate? cells not yet even an embryo, with no They may both be right, but both We are not talking about replicating nerves, no feelings, no brain, no heart, bills have significant deficiencies. skin cells for grafting purposes. We are is entitled to the same rights and pro- The underlying bill raises the specter not talking about replicating liver tections as a human being; that a blas- of subjecting researchers to substantial cells for transplants. We are talking tocyst is a human being and cannot be criminal penalties. It even goes so far about cloning whole embryos. The in- destroyed, even if doing so would save as to create a kind of scientific exclu- dustry recognizes there is commercial the life of a 40-year-old woman with sionary rule that would deny patients value to the human life potential of an Alzheimer’s disease. access to any lifesaving breakthroughs embryo, but does a human embryo I respect that point of view, but I do that may result from cloning research have only commercial value? That is not share it. A clump of cells is not yet conducted outside of the United States. the philosophical and legal question we a person. It does not have feelings or To continue the legal metaphor, it bars are deciding here today. sensations. If it is not implanted, if it not only the tree but the fruit, as well. The Greenwood bill, which grants a is not implanted in a woman’s uterus, This seems to me to be of dubious mo- superior cloning status to corpora- it will never become a person. Yes, this rality. tions, would have us believe that clump of cells, like the sperm and the The substitute would establish an human embryos are products, the in- egg, contains a seed of life; but it is not elaborate registration and licensing re- puts of mechanization, like milling yet a person. gime to be sure experimenters do not timber to create paper, or melting iron To anyone wrestling with this issue, cross the line from embryonic research to create steel, or drilling oil to create I would point them to the comments of to the cloning of a human being. Not gasoline. Are we ready to concede that the distinguished senior Senator from only would that system be impossible human embryos are commercial prod- Utah who is very much against choice to police, but it fails to address the ucts? Are we ready to license industry and abortion, who has come out in question of whether we should be pro- so it can proceed with the manufac- strong support of stem cell research be- ducing cloned human embryos for pur- turer of human embryos? cause he recognizes that a blastocyst poses of research at all. If this debate is about banning not implanted in a woman’s uterus is I find this issue profoundly dis- human cloning, we should not consider very different than an embryo that will turbing. I believe the issue deserves bills which do the opposite. The Green- develop into a person. more than a cursory hearing and a 2- wood substitute to ban cloning is real- If one is pro-choice, one cannot be- hour debate. It merits our sustained at- ly a bill to begin to license corpora- lieve a blastocyst is a human being. If tention, and it requires a char- tions to begin cloning. Though the sub- they did, they would not be for choice. acteristic which does not come easily stitute claims to be a ban on reproduc- If one is anti-choice, one may believe, to people in our profession: humility tive cloning, it makes this nearly pos- with Senators HATCH and STROM THUR- and patience. sible by creating a system for the man- MOND, what I said a moment ago, that Mr. SENSENBRENNER. Mr. Speak- ufacturer of cloned embryos. It does a clump of cells in a petri dish is not er, I yield 3 minutes to the gentleman not have a system for Federal over- the same as an embryo in a woman. July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4921 But as a society we have already frightening and gruesome reality. Mr. search, and this research involves a made this decision. We permit abor- Speaker, there is no ethical way to very small handful of cells. In the nat- tion. We permit in vitro fertilization, clone a human being. If we were to ural world, every day millions of cells, which creates nine or 10 embryos, of allow it at all, we would have to choose millions of eggs, are fertilized, and which all but one will be destroyed. We between allowing them to grow and be they do not adhere to the wall of the must not say to millions of sick or in- born or killing them, letting them die. uterus. They are flushed away. That is jured human beings, go ahead and die, This is a line we should not cross. how God does God’s work. stay paralyzed, because we believe the The simple question is: Is it right or In in vitro fertilization clinics, every blastocyst, the clump of cells, is more wrong to clone human beings? Eighty- day thousands of eggs are fertilized, important than you are. eight percent of the American people and most of them are discarded. That Let us not go down in history with say it is wrong. The point is that even is the way loving parents build families those bodies in the past who have tried in science, the ends do not justify the who cannot do it otherwise. No one is to stop scientific research, to stop med- means. The Nazis may in fact have here to object to that. Thousands of ical progress. Let us not be in a posi- been able to create a race of healthier embryos are destroyed. tion of saying to Galileo, the sun goes and more capable Germans if they had We are talking about a handful, a around the world and not vice versa. been allowed to proceed, but eugenics tiny handful of eggs that are utilized That is what this bill does. and cloning are both wrong. strictly for the purpose of under- It is easier to prevent a human being Mr. CONYERS. Mr. Speaker, I yield standing how cells transform them- from being cloned, to put people in jail 30 seconds to the gentleman from New selves from somatic to stem and back if they try to do that. It is not a slip- York (Mr. NADLER). to somatic, because when we under- pery slope. One cannot police the hun- Mr. NADLER. Mr. Speaker, I thank stand that, we will not need any more dreds and thousands of biological labs the gentleman for yielding time to me. embryonic material. We will not need which can produce clones of cells. Mr. Chairman, the distinguished any cloned eggs. We will have discov- Much easier to police the cloning of chairman says that this bill, the dis- ered the proteins and the growth fac- human beings. The slippery slope argu- tinction between those of us who sup- tors that let us take the DNA of our ment does not work. port the Greenwood bill or support the own bodies to cure that which tortures Let us not put a stop to medical Weldon bill is a matter of values. us. progress and to human hope. I agree. Some of us believe that a That is the value that I am here to Mr. SENSENBRENNER. Mr. Speak- clump of cells not implanted in a wom- stand for, because I care about those er, I yield myself 1 minute. an’s uterus, and Senator HATCH agrees, children, and I care about those par- Mr. Speaker, the last two speakers, do not have the same moral right and ents, and I care about those loved ones both of whom were on the Democratic value as a person who is suffering from who are suffering. side of the aisle, show very clearly the a disease; that it is our right and our I am not prepared as a politician to difference in values that are being duty to cure human diseases, to pro- stand on the floor of the House and say, enunciated in the two bills before the long human life. We value life. I have a philosophical reason, probably House today. A human being is not simply a clump stemmed in my religion, that makes On one hand, we hear support for the of cells. At some point, that clump of me say, you cannot go there, science, Greenwood bill, which really allows the cells may develop into a fetus and a because it violates my religious belief. FDA to license an industry for profit human being; but the clump of cells at b 1530 and clone human embryos. the beginning does not have the same On the other hand, we hear those in moral value as a person. If one believes I think it violates the constitution to favor of the Weldon bill, myself in- that, they should vote with us. If they take that position. cluded, who say that we ought to ban do not, then they probably will not. And on the question of whether or the cloning of human embryos and the Mr. CONYERS. Mr. Speaker, I yield 3 not we can do stem cell research with experimentation thereon. minutes to the gentleman from Penn- the Weldon bill in place, I would quote This is a question of values. I would sylvania (Mr. GREENWOOD), who had an the American Association of Medical point out that the previous speaker, excellent discussion during the Com- Colleges. It says, ‘‘H.R. 2505 would have the gentleman from New York, during mittee on Rules. a chilling effect on vital areas of re- the Committee on the Judiciary de- Mr. GREENWOOD. Mr. Speaker, I search that could prove to be of enor- bate, said, ‘‘I have no moral compunc- thank the gentleman for yielding time mous public benefit.’’ The Weldon bill tion about killing that embryo for to me. would be responsible for having that therapeutic or experimental purposes Mr. Speaker, this is a matter of val- chilling effect on research. at all.’’ ues. It is a matter of how much one The Greenwood substitute stops re- Mr. Speaker, I think those who are values our ability to end human suf- productive cloning in its tracks, as it interested in values should vote fering and to cure disease. ought to be stopped, but allows the re- against Greenwood and should vote in No one in this House should be so ar- search to continue, and I would advo- favor of the Weldon bill. rogant as to assume that they have a cate its support. Mr. Speaker, I yield 1 minute to the monopoly on values, that their side of Mr. SENSENBRENNER. Mr. Speak- gentleman from Pennsylvania (Mr. an argument is the values side and the er, I yield 2 minutes to the gentleman PITTS). other’s is not. This is a matter of how from Indiana (Mr. KERNS), who is an Mr. PITTS. Mr. Speaker, science is a much we value saving little children’s author of the bill. wonderful thing. Who would have lives and saving our parents’ lives. Mr. KERNS. Mr. Speaker, I thank thought that polio could be cured or There has been talk on the floor the gentleman for yielding me this men could go to the Moon even a cen- about creating embryo factories. Most time, and I come to the floor of this tury ago? of that talk I think has been conducted House today to urge my colleagues to But with the power that comes from by people who do not understand the support H.R. 2505, the Human Cloning science, we must also be ethical and ex- first thing about this research. Prohibition Act of 2001. Today we take ercise responsibility. The Nazis tried to Here is how one could create an em- an important step in the process to ban create a race of supermen through the bryo factory. We would get a long line human cloning in the United States. science of eugenics. They tried to cre- of women who line up in a laboratory I commend the leadership of the ate a perfect human being the same and say, would you please put me chairman, the gentleman from Wis- way a breeder creates a championship through the extraordinarily painful consin (Mr. SENSENBRENNER), as well as dog. That was immoral. We stopped it, process of superovulation because I the coauthors, the gentleman from and it has not been tried again since. would like to donate my eggs to Florida (Mr. WELDON), the gentleman Now we have some scientists who science. from Michigan (Mr. STUPAK), and the want to create cloned human beings, Does anybody think that is going to gentleman from Ohio (Mr. KUCINICH), some saying a cloned baby could be happen? Of course it is not going to because this is a bipartisan bill. I also born as soon as next year. This is a happen. We are going to take this re- appreciate the support and the efforts H4922 CONGRESSIONAL RECORD — HOUSE July 31, 2001 of the Committee on the Judiciary in kind of excited and it was a great polit- that point? It says the NIH can license recognizing the important nature of ical controversy about whether or not at some point down the road. this issue and making it a priority and it was right to drink coffee. And so the Mr. Speaker, I think that the Green- moving it to the floor for consider- Spanish king went to the Pope and wood amendment is necessary to stop ation. said, Pope, is it all right. Well, we had this papal event that we are having I am very pleased to be an original that just the other day, and the Pope here today. coauthor of this timely and important said, this is not right. Mr. SENSENBRENNER. Mr. Speak- piece of legislation. As I said earlier The Pope also told Galileo to quit er, I yield myself 1 minute. today, human cloning is not a Repub- making those marks in his notebook. Mr. Speaker, it is time to clarify the lican or a Democrat issue, it is an issue The Earth is the center of the universe, record after this last speech. Number for all of mankind. The prospect of he said. We all know that. The Bible one, there is nothing in the Weldon bill cloning a human being raises serious says it. What is it this stuff where you that prevents the use of adult stem moral, ethical, and human health im- say the sun is the center of our uni- cells or stem cells from live births, in- plications. Other countries around the verse? That is wrong. cluding umbilical cords and placentas globe look to us for leadership, not Now, here we are making a decision from being used for the research that only on this but on other important like we were the house of cardinals on the gentleman describes. pressing issues, and I think we have a a religious issue when, in fact, sci- The gentlewoman from California responsibility to take a stand and take entists are struggling to find out how (Ms. LOFGREN) talked about a Yale a leadership position. That stand human beings actually work. We have study. I have the Yale Bulletin Cal- should reflect the respect for human mixed stem cells together with cloning endar of December 1, 2000 about the re- dignity envisioned by our Founding Fa- all to confuse people. Everybody on search on monkeys that were used to thers. this floor knows that the best way to cure a spinal cord injury. Those were Human cloning: what once was said stop something is to confuse people, adult stem cells. They would be com- to be impossible could become a reality and we have had confusion on this pletely legal under this bill. if we do not take action today. I have issue because basically people want it Then we have heard from the gen- spent a great deal of time back home in to be a value-laden issue that attracts tleman from Washington State (Mr. Indiana traveling up and down the one group of voters against others. MCDERMOTT), who seems to think we highways and byways, attending coun- That is all this is about, all this confu- are having a religious seance here. The ty fares, fire departments, little fish sion. fact of the matter is there have been a fries, church suppers; and I can tell my This business about a few cells and number of things that are in deroga- colleagues that overwhelmingly those working and figuring out how we can tion of the free enterprise system that people that I represent in Indiana are deal with diseases that affect every- this Congress and the people of the concerned at our racing towards body in this room, there is nobody who country have banned, including slav- cloning human beings. They have does not know somebody with juvenile ery. And I think that perhaps the time asked me to help with this effort to diabetes or Alzheimer’s disease or has has come to ban the cloning of human ban human cloning. I have received had a spinal cord injury and is unable embryos. calls from all across the country from to walk, or who has Parkinsonism. Mr. Speaker, I yield 2 minutes to the those that are concerned about this There is nobody here. And my dear gentleman from Texas (Mr. DELAY), issue. friends putting this bill forward say the distinguished whip. As we have heard today, most Ameri- there is no way, no matter how it hap- Mr. DELAY. Mr. Speaker, I thank the cans are opposed to the re-creation of pens, that we want to help them if it gentleman for yielding me this time. I another human being. I am told over- involves a human cell. think and I hope that Members will whelmingly that it is our responsi- Now, my good friend, the gentleman support the Weldon bill and oppose the bility not only here in this body and at from Florida (Mr. WELDON) is going to Greenwood amendment. home but around the world that we get up here and tell us we have a sec- Mr. Speaker, this is not about mak- move to enact this ban. tion in this bill that says scientific re- ing fun of the Pope or making fun of Mr. Speaker, let me close by saying search is not stopped. Read it. It says the Bible. This is not about politics. It this: I believe that God created us, and we can use monkey cells and put them is not even about stem cell research. I do not believe we should play God. I into people who have Alzheimer’s, or This is about a very real problem in urge my colleagues to support our leg- we can use hippopotamus cells and put this country, a potential problem, and islation to ban human cloning. them into people who have diabetes, that is cloning human beings. The con- Mr. CONYERS. Mr. Speaker, I yield 4 but we cannot use a human cell. And notations of this debate raise very minutes to the gentleman from Wash- even more so if the British or the Ger- broad and disturbing questions for our ington (Mr. MCDERMOTT). mans, who are more enlightened, do it society. (Mr. MCDERMOTT asked and was and we bring it over. If the doctor gets So-called therapeutic cloning crosses given permission to revise and extend the material from Germany or from a very bright-line ethical boundary his remarks.) England or some other place and gives that should give all of us pause. This Mr. MCDERMOTT. Mr. Speaker, I, it to my colleague’s mother, he is sub- technique would reduce some human like the gentleman from Massachusetts ject to 10 years in prison and a fine of beings to the level of an industrial (Mr. DELAHUNT), want to say right off not less than $1 million running up to commodity. Cloning treats human em- the bat that none of us believe in twice whatever the value of it is. bryos, the basic elements of life itself, cloning of human beings. Nobody on ei- Now, the gentleman from Wisconsin as a simple raw material. This ther side. We get this values argument. (Mr. SENSENBRENNER) is upset that exploitive unholy technique is no bet- None of us believe in that. So stop there is licensing in the amendment, ter than medical strip-mining. that. which I will vote for; not because I The preservation of life is what is The second thing is that we are here think we need it but because we have being lost here. The sanctity and pre- today to talk about a political issue. to have it as an antidote to this awful cious nature of each and every human This is not a scientific issue. I am a piece of legislation that is here. But life is being obscured in this debate. doctor, and we will have another doc- the gentleman from Wisconsin says the Cloning supporters are trading upon tor get up here and tell us a lot of doc- free enterprise system is here. I the desperate hopes of people who tor stuff, but the real issue is a polit- thought he believed in the free enter- struggle with illness. We should not ical one here. prise system. Would the gentleman draw medical solutions from the un- We are like the 16th century Spanish want that bill to say let us give it to wholesome well of an ungoverned mon- king who went to the Pope and asked the National Institutes of Health to strous science that lacks any reason- him if it was all right for human beings make money; make it a government able consideration for the sanctity of to drink coffee. The coffee bean had program? No, no, no, he would not human life. been brought from the New World. It want that. Well, who is going to manu- Now, some people would doubtlessly had a drug in it that made people get facture this if it comes some day to argue if we use in vitro fertilization to July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4923 help infertile couples create life, then they were human stem cells, they Speaker received a letter signed by 44 we ought to allow scientists the lati- would not be banned by this bill. scientific institutions and this is what tude to manufacture and destroy em- b 1545 they said: bryos to produce medical treatments. This bill bans all use of cloning technology But these are far from the same thing. Now, finally, adult stem cells are al- including those for research where a child Cloning is different from organ trans- ready being used successfully for thera- cannot and will not be created. Therefore, plantation. Cloning is different from in peutic benefits in humans. This in- this legislation puts at risk critical bio- cludes treatments associated with var- medical research that is vital to finding the vitro fertility treatments. cures for disease and disabilities that affect Cloning is an unholy leap backwards ious types of cancer, to relieve systemic lupus, multiple sclerosis, rheu- millions of Americans. Diabetes, cancers, because its intellectual lineage and HIV, spinal cord injuries and the like are justifications are evocative of some of matoid arthritis, anemias, immuno- likely to benefit from the advances achieved the darkest hours during the 20th cen- deficiency disease, and restoration of by biomedical researchers using therapeutic tury. We should not stray down this sight through generation of corneas. cloning technology. road because it will surely take us to Further, initial clinical trials have This was signed by the American dark and unforeseen destinations. begun to repair heart damage using the Academy of Optometry, the American Human beings should not be cloned patient’s own adult stem cells. Some- Association for Cancer Research, the to stock a medical junkyard of spare how the word is out that adult stem American Association of American parts for experimentation. That is cells are no good. I think this very Medical Colleges, the Association of wrong, unethical, and unworthy of an clearly shows that adult stem cells are Professors of Medicine, the Association enlightened society. very useful for research, and further- of Subspecialty Professors, Harvard Mr. CONYERS. Mr. Speaker, I yield more, the bill does allow research on University, the Juvenile Diabetes Re- myself 2 minutes. embryonic stem cells, just not the search Foundation International, and I rise to merely point out to the dis- cloned ones. the Medical College of Wisconsin. tinguished chairman of the Committee Mr. Speaker, I yield 11⁄2 minutes to I will take my advice on medicine on the Judiciary, the gentleman from the gentleman from Oregon (Mr. WU). and research from the scientists, not Wisconsin (Mr. SENSENBRENNER), that Mr. WU. Mr. Speaker, here we are in from the chairman of the Committee he may be over-reliant on adult stem the U.S. Congress talking about soon the Judiciary. cells as a viable alternative to embry- matic cell nuclear transfer and I think Mr. SENSENBRENNER. Mr. Speak- onic stem cells, and I would like to ex- it is deeply rewarding to see how fast er, I yield myself another 30 seconds. plain why. Members of Congress can get up to The statement that the gentlewoman A National Institute of Health study speed on complex, complicated issues. from California (Ms. LOFGREN) men- examined the potential of adult and Let me say that I am strongly, tioned, did not say why they need to embryonic stem cells for curing dis- strongly pro-choice. I am also strongly have cloned embryonic stem cells. I ease, and they found that the embry- in favor of stem cell research. But I think we are talking about two dif- onic stem cells have important advan- view these as very separate issues. ferent things here. tages over adult stem cells. The embry- With all the scientists that I have spo- What this bill does is, it prohibits re- onic stem cells can develop into many ken with, there are no laboratories search on cloned embryonic stem cells, not on uncloned embryonic stem cells. more different types of cells. They can which are currently using a human If there is a shortage of uncloned em- potentially replace any cell in the model for somatic cell nuclear transfer. In fact, the NIH rules on stem cell bryonic stem cells, I would like the human body. Adult stem cells, how- people on the other side to let the ever, are not as flexible as embryonic research, the same rules that we, as Democrats, have been strongly advo- House know about it. We have had not ones. They cannot develop into many one scintilla of evidence either in this different types of cells. They cannot be cating, these rules, III, specific item D, specifically prohibits the technology debate or the hearings or markup on duplicated in the same quantities in the Committee on the Judiciary. that we are banning today. Research in the laboratory. They are difficult and Mr. Speaker, I yield 3 minutes to the which human pluripotent stem cells dangerous sometimes to extract from gentleman from Florida (Mr. WELDON). an adult patient. For instance, obtain- are derived using somatic cell nuclear Mr. WELDON of Florida. Mr. Speak- ing adult brain stem cells could require transfer. These are the rules that we er, I just want to clarify a few things life-threatening surgery. have been advocating. about my legislation. It is a pretty So the NIH found in its study that Let me say that ultimately this is short bill. It has four pages and I would therapeutic cloning would allow us to not an issue of science or biology. Al- encourage anybody who has any uncer- create stem cell medical treatments most exactly 30 years ago in May of tainty about this issue to take the that would not be rejected by the pa- 1971 James D. Watson, of Watson and time to read it. tient’s immune system, because they Crick DNA fame, said that some day I specifically want to refer them to have the patient’s own DNA. soon we will be able to clone human section 302(d). It says, under Scientific So for whatever it may be worth, I beings. This is too important a decision Research, nothing in this section re- refer this study to my good friend, the to be left to scientists and the medical stricts areas of scientific research not chairman. specialists. We must play a role in this. specifically prohibited by this section. Mr. Speaker, I reserve the balance of This is what this Congress is doing What they are talking about there is my time. today. This is about the limits of somatic cell nuclear transfer to create Mr. SENSENBRENNER. Mr. Speak- human wisdom and not about the lim- an embryo as was used to create Dolly. er, I yield myself 11⁄2 minutes, again its of human technology. The question I go on in this section to say, nothing just to clarify the record. that we must ask ourselves is whether specifically prohibiting, including re- I am certain that the study of the it is proper to create potential human search in the use of nuclear transfer or gentleman from Michigan is a very val- life for merely mechanistic purposes. other cloning techniques to produce uable one. The fact is that it is not in Mr. CONYERS. Mr. Speaker, I yield molecules, DNA, cells other than point to this debate. This bill does not myself 25 seconds to point out to my human embryos, tissues, organs, plants prevent research on embryonic stem dear friend, the chairman of the com- or animals other than humans. Basi- cells. What it does do is it prevents re- mittee, that it was the University of cally what this means is all the sci- search on cloned embryonic stem cells. Wisconsin where we first isolated em- entific research that is currently going There is a big difference. bryonic stem cells. on today can continue. Secondly, once again going back to This bill before us would render their What cannot continue is what people the adult stem cell research that was path-breaking research to be worthless. want to start doing now. It is not being referred to by the gentlewoman from Mr. Speaker, I yield 1 minute to the done, but they want to start doing it; California (Ms. LOFGREN), at Yale Uni- gentlewoman from California (Ms. and that is to create cloned human em- versity, those were adult stem cells. LOFGREN). bryos for the purpose of research. She brought the issue up. We did not. Ms. LOFGREN. Mr. Speaker, the Now, there are people putting for- Those were adult stem cells. And if Committee on the Judiciary and the ward this notion that if we were able to H4924 CONGRESSIONAL RECORD — HOUSE July 31, 2001 go ahead with this, all these huge know a lot of things. We do not know The Weldon bill goes further to ban the breakthroughs would occur. I want to exactly what scientific research will somatic cell nuclear transfer. I would reiterate, I am a doctor. I just saw pa- show. We do not know exactly what like to focus in response to what has tients a week ago. I have treated all adult stem cells can do, what embry- been going on in the debate. these diseases. I have reviewed the onic stem cells can do, or cloned stem There is no longer a debate about medical literature. It is real pie in the cells can do. stem cell research. This Congress col- sky to say there are going to be all That is why it is a sentence of death lectively, both the House and the other these huge breakthroughs. to millions of Americans, to ban med- body and the American people have I have a letter from a member of the ical research which is what my col- made a decision. Whether the President biotech industry, and I just want to leagues are trying to do with this bill. has made his decision or not is irrele- read some of it. It says, ‘‘I am a Mr. SENSENBRENNER. Mr. Speak- vant. The Congress and the American biotech scientist and founder of a er, I have one remaining speaker, so I people have made our decision that we genomic research company. As a sci- reserve the balance of my time. want to continue embryonic stem cell entist and cofounder and officer of the Mr. CONYERS. Mr. Speaker, I yield 2 research. We collectively, as Ameri- Biotechnology Association of Alabama minutes to the gentleman from Cali- cans, understand that issue, and it will that is an affiliate of the Bio- fornia (Mr. SCHIFF). continue regardless of what the Presi- Mr. SCHIFF. Mr. Speaker, I rise in technology Industry Association, BIO, dent decides on this issue. My col- opposition to the base bill and in sup- the group that is opposing my lan- leagues know that and understand port of the substitute, the Greenwood- guage,’’ he says, ‘‘there is no scientific that. Deutsch substitute. Let us talk about why there is a seri- imperative for proceeding with this Generally speaking, there are three manipulation of human life, and there types of stem cell research. There is ous debate about it, though, and why I are no valid or moral justifications for adult stem cell research which shows take it very seriously as well. When cloning human beings.’’ great promise, but with limitations in you have an egg and a sperm joining Mr. Speaker, I can state that is in- that adult stem cells cannot be dif- and the potentiality is to create a new deed the case. ferentiated into each and every type of unique human being, there are ethical I further want to dismiss this notion cell. issues involved regarding a transcen- that has been put forward by some of There is embryonic stem cell work dental event that could occur in the the speakers here in general debate which shows even more promise be- creation of a unique soul. That is what that a cloned human embryo is some- cause it does have the ability to be dif- people find troubling and should find how not alive or it is not human. There ferentiated into a variety of stem cell troubling, and should think about it is just literally no basis in science to lines for therapy and treatment. and understand it. make that sort of a claim. I did my un- But perhaps the most promising is Yet we understand the other issues dergraduate degree in biochemistry. I embryonic stem cell research that em- and collectively we have made our de- studied cell biology, and I did basic re- ploys the technique of somatic cell nu- cision that we are willing, that we search in molecular genetics. clear transfer. The primary benefit of want to continue with embryonic stem I have a quote from another scientist this research and therapy is simple: It cell research because of the issues that that I would be happy to read. ‘‘There is not rejected by the patient. What we have talked about. is nothing synthetic about cells used in that means for a child who is diabetic, b 1600 cloning.’’ This is a researcher from you can use that child’s own DNA, But let us talk about what somatic Princeton. He says, ‘‘An embryo place it into a fertilized egg, develop nuclear transfer is all about. It is not formed from human cloning is very Islet cells that will help that child about that sperm and egg joining to- much a human embryo.’’ produce insulin with the benefit it will gether. It is not about the potentiality Mr. CONYERS. Mr. Speaker, I yield not be rejected by the child. 30 seconds to the gentlewoman from What we are saying, if we allow stem to create a unique human being. It is California (Ms. LOFGREN). cell research but we prohibit the re- not about a transcendental event that Ms. LOFGREN. Mr. Speaker, the sci- search in this bill, we are saying we could occur. It is not about all those entific research exception is meaning- will allow stem cell research, but only issues that some people correctly have less. It allows for research, except that if the patient will reject the therapy. struggled with and have come to con- which is not specifically prohibited. If What sense does that make when the clusions and significant, serious moral- Members read section 301 of the bill, it substitute prohibits cloning for repro- ethical issues. prohibits somatic cell nuclear transfer, duction, prohibits the implantation of What is going on here? What is going so any kind of representation that re- a fertilized egg with a donated set of on here is an egg where the DNA is search is accepted is incorrect. It is DNA into a uterus for the purpose of taken out, 23 chromosomes taken out tautological and it is bogus. giving birth to a child? That is prohib- from literally trillions of cells, tril- Mr. CONYERS. Mr. Speaker, I yield 1 ited under both bill and substitute. lions of cells, not billions, trillions of minute to the gentleman from New But we need the research. We are los- cells. Within the human body, one cell York (Mr. NADLER). ing scientists who are going overseas is taken out and 46 chromosomes are Mr. NADLER. Mr. Speaker, I would to conduct this research. The base bill implanted. Not to create life, not to answer two things that were said, one even precludes us from benefiting from create an embryo, but to continue life, by the gentleman from Wisconsin (Mr. the research done in other countries. to save life for literally tens of mil- SENSENBRENNER) when the gentleman This cannot be allowed to go on. lions of people, for potentially every- stated that this did not speak at all Mr. Speaker, this is important to all one in this Chamber and everyone in about cloning, it only spoke about of our futures. We must preserve this the country. stem cell research. vital science research. I urge adoption None of us know who is going to be The point is that it may very well be of the substitute and rejection of the stricken by one of these horrific dis- true that once stem cell research is ex- base bill. eases. No one knows who is going to ploited and we know how to cure dis- Mr. CONYERS. Mr. Speaker, I yield get Alzheimer’s or Parkinson’s or can- eases or give people back the use of the balance of my time to the gen- cer. It literally could be any of us in their arms and legs through stem cells, tleman from Florida (Mr. DEUTSCH). this Chamber or anyone watching on C- it may very well be true that that can Mr. DEUTSCH. Mr. Speaker, every- SPAN. It could be any of us. If we only be done by the use of cloned stem one in this Chamber agrees, and we think about that, it could be any of us cells in order to get around the rejec- have been here for about an hour and who have relatives, loved ones, who tion by the patient of stem cells from three-quarters, everyone in this Cham- have these horrific diseases. Yet what somebody else. It may be necessary to ber agrees that we should ban human this legislation would do would be to use the patient’s own cloned stem cells. cloning, period. Everyone. There is stop the research, to take one of those The second point is in answer to what consensus here. trillions of cells in the body, take out the gentleman from Florida (Mr. Mr. Speaker, both pieces of legisla- 46 chromosomes, put it in, so that you WELDON) said. The point is, we do not tion do that, but there is a divergence. could survive, so that someone who is a July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4925 quadriplegic could walk, so that some- Charles Krauthammer, Mr. Speaker, We are really at a crossroads, Mr. one who has Alzheimer’s. We have nailed it precisely. Speaker. This is a major ethical issue. heard Nancy Reagan speak directly The Greenwood substitute would for And make no mistake about it I want about the stem cell research, I think a the first time in history sanction the to find cures to the devastating disease woman who is universally loved every- creation of human life with the de- that afflicts people. I am cochairman where in this country and her husband mand, backed by new Federal criminal of the Alzheimer’s Caucus. I am co- whom I think is universally loved as and civil sanctions, that the new life be chairman of the Autism Caucus. I chair well. destroyed after it is experimented upon the Veterans Committee and have just This chart remains up here. I have and exploited. For the small inconven- today gotten legislation passed to help put it up here, because the numbers are ience of registering your name and Gulf War Vets. I believe desperately we 24 million. For diabetes, 15 million peo- your business address, you would be li- have got to find cures. But creating ple, not just numbers; 6 million Alz- censed to play God by creating life in human embryos for research purposes heimer’s, 1 million Parkinson’s. Peo- your own image or someone else’s. You is unethical, it is wrong, and it ought ple. People. People. Individuals. would have the right to create embryo to be made illegal. farms, headless human clones, or any- Again, I ask my colleagues, this I hope Members will support the thing else science might one day allow should not be a difficult issue. We Weldon bill and will vote ‘‘no’’ on the to be created outside the womb; and in should reject the bill and approve the substitute when it is offered. substitute. the end only failure to kill what you Mr. SENSENBRENNER. Mr. Speak- had created would be against the law. Mr. ETHERIDGE. Mr. Speaker, I rise in oper, I yield such time as he may con- A few moments ago, the gentleman position to H.R. 2505, the Human Cloning Pro- sume to the gentleman from Indiana from Florida (Mr. DEUTSCH) said that hibition Act and in support of the Greenwood- (Mr. BUYER). cloning doesn’t result in the creation Deutsch substitute. (Mr. BUYER asked and was given of a unique human being. That’s ludi- I am absolutely opposed to reproductive permission to revise and extend his re- crous. That is exactly what the Weldon human cloning. Reproductive human cloning is marks.) bill speaks to. That unique human morally wrong and fundamentally opposed to Mr. BUYER. Mr. Speaker, I rise in being that would be created if left un- the values held by our society. I am sure that opposition to the substitute and in sup- fettered and untouched would grow, every Member in this chamber today agree, port of the gentleman from Florida’s given nourishment and nurturing, into that reproductive human cloning should be Human Cloning Prohibition Act. a baby, a toddler into an adolescent banned. That conclusion is easy to come by Members in opposition are using the sub- adulthood and right through the con- Mr. Speaker, however, this debate, unfortu- stitute amendment and are trying to confuse tinuum of life. That is what we are nately, is not so simple. the issue with medical research and stem cell talking about. Mr. WELDON’s bill Today we are considering a complex issue, research. The underlying bill bans cloning doesn’t preclude other potentially leg- and I share the concerns raised by several human beings. It is straightforward and nar- islative processes. other Members that the House is rushing to rowly drawn. It prohibits somatic cell nucleus Mr. Speaker, amazingly the only new judgment. We have had too little time to de- transfer. The underlying bill does nothing to crime created by the Greenwood bate and consider the merits and implications hinder medical research and in fact, it specifi- amendment is the failure to kill all that Mr. WELDON’S bill and Mr. GREENWOOD’S cally permits technology to clone tissue, DNA, human lives once they are created. substitute present. The Weldon bill and the and non-embryonic cells in humans, and Federal law would say that it is per- Greenwood Substitute ban reproductive cloning of plants and animals. missible to create as many human lives human cloning and both set criminal penalties I urge my colleagues not to confuse a as you want to for research just so long for those who violate such a ban. But the simi- straightforward ban on banning cloning of as you eventually kill them. That, my larities end there. Mr. WELDON’S bill goes too human beings, with medical research. H.R. colleagues, is the stated intent of the far, including banning therapeutic cloning for 2505 would prohibit human cloned embryos Greenwood substitute. And Mr. Green- research or medical treatment, while the from being used as human guinea pigs. With- wood’s substitute would not even stop Greenwood substitute allows an exception re- out this legislation, human life could be cop- the birth of a human clone, which it garding therapeutic cloning. The Weldon bill ied, manufactured in a laboratory, in a petri purports to do. Because his approach would ban all forms of cloning, and in es- dish. Cloned embryos would be devoid of all would encourage the creation of cloned sence, stop all research associated with it, just sense of humanity, treated as objects. The human embryo stockpiles and cloned as we are beginning to see the first fruits of mass production of human clones solely for human embryo farms, it would make biomedical research. By supporting the Green- the purpose of human experimentation de- the hard part of human cloning com- wood alternative, we have the opportunity to means us all. pletely legal and try to make the rel- ban reproductive cloning while allowing impor- The simple, most effective, way to stop this atively easy part, implantation, ille- tant research to continue. process is to ban it. In the area of human em- gal. bryo cloning, the end does not justify the So once these cloned human embryos As a member of the Science Committee and means. are stockpiled in a lab, Mr. Speaker, as a Representative from the Research Tri- I urge the defeat of the substitute and the who, or what is going to stop somebody angle Park region, I understand the impor- adoption of H.R. 2505. from implanting one of those cloned tance of the research that our scientists are Mr. SENSENBRENNER. Mr. Speak- humans? The Greenwood substitute has conducting. This research has the potential to er, I yield the balance of my time to no tracking provisions. Greenwood save the lives of hundreds of thousands of the gentleman from New Jersey (Mr. would open pandora’s box and North Carolinians, Americans, and people SMITH). verification would be a joke. throughout the globe who suffer from debili- The SPEAKER pro tempore (Mr. The bottom line is this, Mr. Speaker, tating and degenerative diseases. We are on QUINN). The gentleman from New Jer- the Greenwood substitute permits the the verge of a significant return on our bio- sey (Mr. SMITH) is recognized for 4 min- cloning of human life to do anything medical research investment. Indeed, our sci- utes. you would like to for research purposes entists may one day solve the mysteries of Mr. SMITH of New Jersey. Mr. just as long as you kill that human disease as the result of work involving thera- Speaker, late last week Washington life. Mr. Speaker, to implement this peutic cloning technology. We must not allow Post columnist Charles Krauthammer debate some Members have taken to this opportunity to pass by us. called Congressman GREENWOOD’s legis- the well to say that everybody is Mr. Speaker, let me be clear, I support ban- lative approach to human cloning ‘‘a against human cloning. Oh really? Just ning reproductive human cloning, and I will nightmare of a bill.’’ He went on to because we say it’s so doesn’t make it continue to oppose any type of cloning that write that the Greenwood substitute necessarily so. The simple—and sad— would attempt to intentionally create a human ‘‘sanctions, licenses and protects the fact of the matter is that Greenwood is clone. However, I also support the important launching of the most ghoulish and pro-cloning. The Weldon bill, the un- biomedical research that our nation’s scientists dangerous enterprise in modern sci- derlying bill, would end human cloning are nobly conducting today. I cannot support a entific history: the creation of nascent and would prescribe certain criminal as bill that denies those scientists, and the peo- cloned human life for the sole purpose well as civil penalties for those who ple whose lives they are working to improve, of its exploitation and destruction.’’ commit that offense. a chance to find a cure.

VerDate 30-JUL-2001 06:05 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.117 pfrm02 PsN: H31PT1 H4926 CONGRESSIONAL RECORD — HOUSE July 31, 2001 The door of opportunity to cure diseases, rial will this provision prevent its use? Is that cons of such a difficult issue. It did so with the that have puzzled us since the beginning of human cloning or creating life? issue of capital punishment. It did so, until medicine is now beginning to open. And while I truly believe that prior to an outright ban of 1973, with the issue of abortion. As with many the full promise of biomedical research re- this research, Congress needs to make further other issues it has done the same but now un- mains many years away from being realized, efforts to educate every Member of this body. fortunately, most difficult problems are nation- there is that opportunity, that hope, that we The knowledge that has been provided to us alized. can find a cure for cancer, diabetes, heart dis- through this research is tremendous. We Decentralized decision making and ease, Parkinson’s disease, spinal cord injuries, should do everything we can to understand it privatized funding would have gone a long and many other illnesses. Mr. Speaker, I op- and manage its use. We should not, however, way in preventing the highly charged emo- pose H.R. 2505 because it would stifle impor- ban its use without careful circumspection. tional debate going on today regarding cloning tant research and decrease the potential for Mr. PAUL. Mr. Speaker, today we’re being and stem cell research. new life-saving medical treatments. The asked to choose between two options dealing There is danger in a blanket national prohi- Greenwood substitute strikes a careful bal- with the controversies surrounding cloning and bition of some questionable research in an ef- ance between banning the immoral and un- stem cell research. fort to protect what is perceived as legitimate As an obstetrician gynecologist with 30 safe practice of reproductive human cloning, research. Too often there are unintended con- years of experience with strong pro-life convic- while at the same time promoting important sequences. National legalization of cloning tions I find this debate regarding stem cell re- biomedical research. and financing discredits life and insults those I urge my colleagues to oppose H.R 2505 search and human cloning off-track, dan- who are forced to pay. and support the Greenwood substitute. gerous, and missing some very important Mr. BLUMENAUER. Mr. Speaker, today’s points. Even a national law prohibiting cloning legiti- debate has much less to do with ‘‘cloning’’ This debate is one of the most profound mizes a national approach that can later be human beings and everything about denying ethical issues of all times. It has moral, reli- used to undermine this original intent. This na- legitimate and important stem cell research. I gious, legal, and ethical overtones. tional approach rules out states from passing am concerned that we are getting ahead of However, this debate is as much about any meaningful legislation and regulation on ourselves. The issue of stem cell research and process as it is the problem we are trying to these issues. its various clinical applications is incredibly solve. There are some medical questions not yet complex and the technology very new. There This dilemma demonstrates so clearly why resolved and careless legislation may impede is also the concern that other political issues, difficult problems like this are made much legitimate research and use of fetal tissue. For such as abortion, are really driving this de- more complex when we accept the notion that instance, should a spontaneously aborted bate. Until we can tame the rhetoric and focus a powerful centralized state should provide the fetus, non-viable, not be used for stem cell re- on the underlying issues, we should not limit solution, while assuming it can be done pre- search or organ transplant? Should a live legitimate scientific research. cisely and without offending either side, which fetus from an ectopic pregnancy removed and I will vote for the Greenwood/Deutsch is a virtual impossibility. generally discarded not be used in research? amendment because it was better than the un- Centralized governments’ solutions inevi- How is a spontaneous abortion of an embryo derlying bill, not because it represents a good tably compound the problem we’re trying to or fetus different from an embryo conceived in long-term policy. solve. The solution is always found to be of- a dish? Ms. KILPATRICK. Mr. Speaker, I rise in op- fensive to those on the losing side of the de- Being pro-life and pro-research makes the position to H.R. 2505 offered by Mr. WELDON bate. It requires that the loser contribute question profound and I might say best not and in support of the alternative bill offered by through tax payments to implement the par- answered by political demagogues, executive Mr. GREENWOOD. We must not ban vital re- ticular program and ignores the unintended orders or emotional hype. search and treatment for millions of suffering consequences that arise. Mistakes are nation- How do problems like this get resolved in a people. H.R. 2505 will severely limit the ad- alized when we depend on Presidential orders free society where government power is strict- vancement of medical discovery and vital re- or a new federal law. The assumption that ei- ly limited and kept local? Not easily, and not search. ther one is capable of quickly resolving com- perfectly, but I am confident it would be much There are strong feelings on both sides of plex issues is unfounded. We are now ob- better than through centralized and arbitrary this argument. Understandably, those on the sessed with finding a quick fix for this difficult authority initiated by politicians responding to other side are driven by what they describe as problem. emotional arguments. the degradation of human life that cloning pro- Since federal funding has already been For a free society to function, the moral poses. I do not think that there is a member used to promote much of the research that standards of the people are crucial. Personal in this House who does not shudder at the has inspired cloning technology, no one can morality, local laws, and medical ethics should shear awesome scope of this research. On be sure that voluntary funds would have been prevail in dealing with a subject such as this. the one hand, we fear a world where human spent in the same manner. This law, the government, the bureaucrats, the beings are created in a lab for the sole pur- There are many shortcomings of cloning politicians can’t make the people more moral pose of harvesting their organs, characteristics and I predict there are more to come. Private in making these judgments. and other items for the benefit of other human funds may well have flowed much more slowly beings. On the other hand, we fear foregoing into this research than when the government/ Laws inevitably reflect the morality or immo- a cure for many of the horrible afflictions that taxpayer does the funding. rality of the people. The Supreme Court did face man like diabetes, cancer, spinal cord in- The notion that one person, i.e., the Presi- not usher in the 60s revolution that under- juries and Parkinson’s Disease. dent, by issuing a Presidential order can in- mined the respect for all human life and lib- I do know that God has blessed us with the stantly stop or start major research is fright- erty. Instead, the people’s attitude of the 60s knowledge and the skill to do more than just ening. Likewise, the U.S. Congress is no more led to the Supreme Court Roe vs. Wade ruling ponder a cure for these afflictions. My concern likely to do the right thing than the President in 1973 and contributed to a steady erosion of is that with such a ban in place, as envisioned by rushing to pass a new federal law. personal liberty. in this bill, there will be no opportunity to learn Political wisdom in dealing with highly If a centralized government is incapable of all that God might have us learn. All because charged and emotional issues is not likely to doing the right thing, what happens when the we acted too quickly to ban research before be found. people embrace immorality and offer no vol- there was a chance to truly ponder the ways The idea that the taxpayer must fund con- untary ethical approach to difficult questions to manage and control this research. For ex- troversial decisions, whether it be stem cell re- such as cloning? ample, if the above research at some point al- search, or performing abortion overseas, I find The government then takes over and pre- lows us to create an embryo, a cell, a stem repugnant. dictably makes things much worse. The gov- cell or any other viable alternative genetic ma- The original concept of the republic was ernment cannot instill morality in the people. terial without the use of human genetic mate- much more suited to sort out the pros and An apathetic and immoral society inspires

VerDate 30-JUL-2001 06:08 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JY7.043 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4927 centralized, rigid answers while the many con- tion if the investigator conducting such re- against embryonic stem cell research, have sequences to come are ignored. Unfortu- search provides written authorization for such joined together to say that we cannot clone nately, once centralized government takes disclosure. humans. In the words of esteemed columnist charge, the real victim becomes personal lib- In addition, this measure would include two Charles Krauthammer, the thought of cloning erty. explicit penalties for those who violate this leg- humans—whether for research or reproductive What can be done? The first step Congress islation. First, this bill would impose civil pen- purposes—is ghoulish, dangerous, perverse, should take is to stop all funding of research alties of up to $1 million or an amount equal nightmarsh. I do not think the language can be for cloning and other controversial issues. Ob- to any gain related to this violation for those strong enough. Eugenics is an abominable viously all research in a free society should be researchers who fails to register with the HHS practice. We do not have the right to create done privately, thus preventing this type of to conduct such research. Second, research- life in order to destroy it. We do not have the problem. If this policy were to be followed, in- ers would be subject to a criminal penalty of right to create life in order to tamper with stead of less funding being available for re- ten years if they fail to comply with this act. genes. search, there would actually be more. Third, this measure would subject such med- It does not take a fan of science-fiction to Second, the President should issue no Ex- ical researchers to forfeiture of property if they imagine the scenarios that would ensue from ecutive Order because under the Constitution violate this act. legalized cloning—headless humans used as he does not have the authority either to pro- I believe that the alternative legislation is organ farms, malformed humans killed be- mote or stop any particular research nor does broadly written and will restrict the biomedical cause they were viewed as an experiment not the Congress. And third, there should be no research which we all support. As the rep- a person, gene selection to create a supposed sacrifice of life. Local law officials are respon- resentative for the Texas Medical Center inferior species to become slaves, societal val- sible for protecting life or should not partici- where much of this biomedical research is ues used to create a supposed superior spe- pate in its destruction. conducted, I believe we must proceed cau- cies. We do not have the right to play God. We should continue the ethical debate and tiously to ensure that no promising therapies We may have the technology to clone hu- hope that the medical leaders would volun- are prohibited. mans, but our sense of morality should pre- tarily do the self-policing that is required in a Under the alternative bill, H.R. 2505, there vent us from doing it. We should not create moral society. Local laws, under the Constitu- would be a strict prohibition of all importation life for research purposes. We should not pick tion, could be written and the reasonable ones of human embryos as well as any product de- and choose genes to make up humans. could then set the standard for the rest of the rived from cloned embryos. However, we al- I am sorry that our society has drifted so far nation. ready know that the human cloning research from our core values that we even have to de- This problem regarding cloning and stem is being conducted in England and that some bate this. It is a sad day when Congress has cell research has been made much worse by of this therapeutic cloning research may be to enact legislation in order to prevent man the federal government involved, both by the available to clinical trials with three years for from manipulating human life. pro and con forces in dealing with the federal Parkinson’s patients. I believe that a strict pro- Mr. HYDE. Mr. Speaker, I submit the fol- government’s involvement in embryonic re- hibition of importation to such therapies will lowing article for the RECORD. search. The problem may be that a moral so- negative impact such patients and restrict ac- [From the Washington Post, July 27, 2001] ciety does not exist, rather than a lack of fed- cess to new treatments which will extend and (By Charles Krauthammer) eral laws or federal police. We need no more save lives This bill would not only ban repro- A NIGHTMARE OF A BILL federal mandates to deal with difficult issues ductive cloning but also any therapeutic Hadn’t we all agreed—we supporters of that for the most part were made worse by cloning for research or medical treatment. I stem cell research—that it was morally okay previous government mandates. am also concerned that this measure would to destroy a tiny human embryo for its pos- If the problem is that our society lacks moral make it more difficult to fund federal research sibly curative stem cells because these em- standards and governments can’t impose on stem cell research. As you know, the Na- bryos from fertility clinics were going to be moral standards, hardly will this effort to write tional Institutes of Health has described stem discarded anyway? Hadn’t we also agreed more laws solve this perplexing and intriguing call research as having ‘‘enormous’’ medical that human embryos should not be created question regarding the cloning of a human potential and we must proceed cautiously to solely for the purpose of being dismembered being and stem cell research. ensure that such stem cell research continues. and then destroyed for the benefit of others? Neither option offered today regarding I want to be clear. I believe that Congress Indeed, when Sen. Bill Frist made that brilliant presentation on the floor of the cloning provides a satisfactory solution. Unfor- can and should outlaw human cloning to cre- Senate supporting stem cell research, he in- tunately, the real issue is being ignored. ate a child. But a ban on human cloning does cluded among his conditions a total ban on Mr. BENTSEN. Mr. Speaker, I rise today in not need to include a ban on nuclear transfer creating human embryos just to be stem cell support of H.R. 2172, the Cloning Prohibition research. This nuclear transfer research will farms. Why, then, are so many stem cell sup- Act of 2001 and in opposition to H.R. 2505. I focus only on the study of embryonic develop- porters in Congress lining up behind a sup- believe that the Cloning Prohibition Act of ment and curing disease. We can prohibit the posedly ‘‘anti-cloning bill’’ that would, in 2001 is the best approach to ensure that we transfer of such embryos to humans while still fact, legalize the creation of cloned human will prohibit human cloning, while still maintain- allowing medical researchers to conduct valu- embryos solely for purposes of research and destruction? ing our commitment to valuable research that able medical research. I urge the defeat of Sound surreal? It is. will result in new treatments and therapies for H.R. 2505 and urge my colleague to support There are two bills in Congress regarding many diseases including diabetes and Parkin- the alternative legislation, H.R. 2172, the cloning. The Weldon bill bans the creation of son’s Disease. Cloning Prohibition Act of 2001. cloned human embryos for any purpose, I am supporting the Cloning Prohibition Act Mr. TIAHRT. Mr. Speaker, I rise today in whether for growing them into cloned human of 2001 because I believe it includes more strong support of Dr. WELDON’s Human children or for using them for research or for protections to ensure that humans are not Cloning Prohibition Act. Today scientific ad- their parts and then destroying them. cloned. For instance, this bill requires that all vances have unleashed a whole host of bio- The competing Greenwood ‘‘Cloning Prohi- medical researchers must register with the ethical issues that our society must face. Re- bition Act of 2001’’ prohibits only the creation of a cloned child. It protects and in- Secretary of Health and Human Services cently we have faced controversy over med- deed codifies the creation of cloned human (HHS) before they can conduct human so- ical research on human subjects, as well as embryos for industrial and research pur- matic cells nuclear transfers. The HHS Sec- whether we should destroy embryos for the poses. retary would also be required to maintain a purpose of stem cell research. The questions Under Greenwood, points out the distin- database and additional information about all posed focus on how far we will allow science guished bioethicist Leon Kass, ‘‘embryo pro- somatic cell research projects. Second, this to push the limits on tampering with human duction is explicitly licensed and treated bill requires that medical researchers must af- lives. Personally whether it’s innocent African- like drug manufacture.’’ It becomes an in- firmatively attest that they are aware of the re- Americans at the Tuskegee Institute or unborn dustry, complete with industrial secrecy protections. Greenwood, he says correctly, strictions on such research and will adhere to human embryos, I do not think the govern- should really be called the ‘‘Human Embryo such restrictions. Third, this bill requires that ment should be allowed to risk lives. Cloning Registration and Industry Facilita- the HHS Secretary will maintain strict con- The debate before us today, however, is tion and Protection Act of 2001.’’ fidentiality about such information so that the completely different in my mind. Those who Greenwood is a nightmare and an abomina- public may only have access to such informa- are for and against abortion, even for and tion. First of all, once the industry of

VerDate 30-JUL-2001 06:08 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.045 pfrm02 PsN: H31PT1 H4928 CONGRESSIONAL RECORD — HOUSE July 31, 2001 cloning human embryos has begun and thou- Let me be clear. Passage of H.R. 2505 will me. However, in our zeal to pass a ban on sands are being created, grown, bought and not stop medical research on the promising human cloning we may be needlessly imped- sold, who is going to prevent them from use of stem cells. This is an exciting area of ing the legitimate use of stem cell research. being implanted in a woman and developed Even more frightening, instead of holding into a cloned child? research and I am confident this technology Even more perversely, when that inevi- will produce results the significance of which extensive hearings with scientists, ethicists tably occurs, what is the federal government we cannot fathom. Stem cell research will con- and patient groups on how to develop a nar- going to do: Force that woman to abort the tinue, but it does not have to continue at the rowly tailored ban on human cloning, we are clone? expense of our human ethics or our religious rushing to a vote on a bill which was heard in Greenwood sanctions, licenses and protects morals. one committee, the Judiciary Committee. the launching of the most ghoulish and dan- There is not ever a time, in my opinion, What ever happened to prudence? What gerous enterprise in modern scientific his- ever happened to reasoning things out? What tory: the creation of nascent cloned human where it is proper for medical science to whol- life for the sole purpose of its exploitation ly create or clone a human being. The ethical ever happened to looking before you leap? and destruction. and moral implications of such an act are What is clear from the debate on this floor What does one say to stem cell opponents? staggering, and I believe my colleagues un- today is there are serious questions and con- They warned about the slippery slope. They derstand that. So if we can agree on the fusion as to whether the Human Cloning Pro- said: Once you start using discarded em- human cloning issue, we must now address hibition Act will merely ban human cloning or bryos, the next step is creating embryos for the fears some of my colleagues have ex- halt life saving stem cell research. The fact their parts. Frist and I and others have ar- that there is confusion necessitates further de- gued: No, we can draw the line. pressed on the future of stem cell research. Why should anyone believe us? Even before The scientific objective in today’s debate bate and discussion, not a vote. the president has decided on federal support over stem cell research is having the ability to We must act with caution to ensure the fu- for stem cell research, we find stem cell sup- produce massive quantities of quality trans- ture scientific successes which will make this porters and their biotech industry allies try- plantable, tissue-matched pluripotent cell that world healthier and more productive while ing to pass a bill that would cross that line— provide extended therapeutic benefits without tightly regulating those practices which pose a not in some slippery-slope future, but right clear threat to the health and safety of our citi- now. triggering immune rejection in the recipient. It has come to my attention that efforts have zens. Apologists for Greenwood will say: Science Clearly, we are making a move too soon, been underway for companies to conduct will march on anyway. Human cloning will without facts, without an understanding of be performed. Might as well give in and just stem cell research using placentas from live what the Human Cloning Prohibition Act does, regulate it, because a full ban will fail in any births. I have become aware of at least one and without an understanding of the science event. company that has pioneered the recovery of Wrong. Very wrong. Why? Simple: You’re a involved. I would urge my colleagues to not non-adult human pluripotent and multipotent brilliant young scientist graduating from make a move too soon. Let’s debate this issue stem cell from human afterbirth, traditionally medical school. You have a glowing future in further and vote on a bill when the implications biotechnology, where peer recognition, pub- regarded as medical waste. of the legislation is clear. lications, honors, financial rewards, maybe Importantly, the pluripotent stem cells dis- Mr. BARR of Georgia. Mr. Speaker, the even a Nobel Prize await you. Where are you covered in postnatal placentas were not here- practice of either embryo splitting or nuclear going to spend your life? Working on an out- tofore known to be present in human after- replacement technology, deliberately for the lawed procedure? If cloning is outlawed, will birth, and can be collected in abundant quan- you devote yourself to research that cannot purposes of human reproductive cloning, tities via a proprietary recovery method. These raises serious ethical issues we, as policy see the light of day, that will leave you os- non-controversial cells are known as ‘‘pla- tracized and working in shadow, that will makers, must address. render you liable to arrest, prosecution and cental’’ and ‘‘umbilical’’ stem cells, because Having participated, as a member of the Ju- disgrace? they come from postnatal placentas, umbilical diciary Committee, in hearings on the ethics True, some will make that choice. Every cords, and cord blood, from full-term births, and practice of human cloning, I am pleased generation has its Kevorkian. But they will and are classified separately and distinctly to support Congressman WELDON and be very small in number. And like from those stem cells recovered from adults STUPAK’S bill, H.R. 2505—the Human Cloning Kevorkian, they will not be very bright. and embryos. Prohibition Act of 2001. This bill provides for The movies have it wrong. The mad sci- The strength of this option is that it meets entist is no genius. Dr. Frankensteins invari- an absolute prohibition on human cloning. The ably produce lousy science. What is both the policy and scientific objectives while bill bans all forms of adult human and embry- Kevorkian’s great contribution to science? A transcending ethical or moral controversy. We onic cloning, while not restricting areas of sci- suicide machine that your average Hitler can solve the dilemma by building bipartisan entific research in the use of nuclear transfer Youth could have turned out as a summer coalition and simply turning the argument from or other cloning techniques to produce mol- camp project. ‘‘What we oppose’’ to ‘‘What we all support.’’ ecules, DNA, cells other than human embryos, Of course you cannot stop cloning com- What I’m suggesting is a non-controversial, pletely. But make it illegal and you will tissues, organs, plants, or animals other than abundant source of high-quality stem cells that humans. In fact, the bill specifically protects have robbed it of its most important re- will significantly accelerate the pace at which source: great young minds. If we act now by and encourages the cloning of human tissues, passing Weldon, we can retard this mon- stem cell therapies can be integrated into clin- so long as such procedures do not involve the strosity by decades. Enough time to regain ical use. They would offer the hope of renew- creation of a cloned human embryo. our moral equilibrium—and the recognition able sources of replacement cells and tissues The ability to produce an exact genetic rep- that the human embryo, cloned or not, is not to treat a myriad of diseases, conditions and lica of a human being, alive of deceased, car- to be created for the sole purpose of being disabilities, including ALS (Lou Gehrig’s Dis- ries with it an incredible responsibility. Beyond poked and prodded, strip-minded for parts ease), Parkinson’s and Alzheimer’s, spinal the fact the scientific community has yet to and then destroyed. cord injury, stroke, burns, heart disease, dia- If Weldon is stopped, the game is up. If confirm the safety and efficacy of the proce- Congress cannot pass the Weldon ban on betes, osteoarthritis, rheumatoid arthritis, liver dure, human cloning is human experimen- cloning, then stem cell research itself must diseases and cancers. tation taken to the furthest extreme. In fact, not be supported either—because then all the I would say to all of my colleagues, let’s the National Bioethics Commission has quite vaunted promises about not permitting the move forward to stop human cloning before it clearly stated the creation of a human being creation of human embryos solely for their starts. Let’s move forward with stem cell re- by somatic cell nuclear transfer is both sci- exploitation and destruction will have been search using a source of stem cells that is entifically and ethically objectionable. shown in advance to be a fraud. both in abundant supply and in conformity with This is why I have serious reservations with Mr. BAKER. Mr. Speaker, I rise to express our respective ethical and moral beliefs. Representative GREENWOOD’S bill, H.R. 2172. my support for H.R. 2505, ‘‘The Human Mr. RUSH. Mr. Speaker, in an old blues This bill would prohibit human somatic cell nu- Cloning Prohibition Act of 2001.’’ Let me begin song, B.B. King provides some sound advice: clear transfer technology with the intent to ini- my saying that I am unequivocally opposed to ‘‘don’t make your move too soon.’’ Clearly, tiate a pregnancy. Of critical importance, how- the cloning of human beings either for repro- Congress should heed Mr. King’s advice on ever, is the fact that would allow somatic cell duction or for research. The moral and ethical the issue of human cloning and act with pru- nuclear transfer technology to clone mol- issues posed by human cloning are profound dence. ecules, DNA, cells, tissues; in the practice of and cannot be ignored in the quest for sci- Based on my own personal, moral and reli- in vitro fertilization, the administration of fer- entific discovery. I intend to support this legis- gious views, I firmly believe that human tility-enhancing drugs, or the use of other lation and will vote against the Greenwood cloning should be banned. I sincerely believe medical procedures to assist a woman in be- amendment. that the majority of my colleagues agree with coming or remaining pregnant; or any other

VerDate 30-JUL-2001 06:05 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JY7.048 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4929 activity (including biomedical, microbiological, Our fingerprints are like snowflakes—there when an egg and a sperm meet. The miracle or agricultural research or practices) not ex- is not, nor has there ever been, an exact rep- of life cannot be denied, whether it begins in pressly prohibited. lica of another human being. a womb or a petri dish. Even scientists and Representative GREENWOOD’S bill purport- Cloning is a whole new world. What is a bioethicists realize the moral and ethical impli- edly advances the benefits of ‘‘therapeutic clone? Whe is close? What is the identity of cations that cloning brings about. Twisting this cloning’’; that is, the cloning of embryos for the a clone? Who is responsible for the clone? reality is disingenuous. purpose of scientific research. While we may Why would clones be brought into existence? Do we really want Uncle Sam cloning hear endless examples of how this technology Should they become human organ farms, cre- human beings? Do we really want the federal may lead to advanced cancer therapies, solve ated specifically to try to save the life of an- government to play God in such an undeni- infertility problems, and end juvenile diabetes, other human being? Would clones have dif- able way? I certainly don’t. The Greenwood in reality, not one reputable research organiza- ferent rights than ‘natural’ human beings? substitute is a moral and practical disaster, tion has provided any hard evidence that Would they be a subservient class of human however you look at it. I urge my colleagues cloned embryos will provide any such mir- beings? to vote in favor of H.R. 2505 and against the acles. To date, not one disease has been Supporters of the Greenwood Substitute Greenwood substitute and the motion to re- cured, or one treatment developed based on might claim that this is far-fetched, that their commit. this technology. Furthermore, there is abun- language has no intention of allowing the cre- Mr. HOSTETTLER. Mr. Speaker, I submit dant evidence that alternatives to this proce- ation of actual cloned living, breathing human the following information on the subject of dure already exist. Stem cells, which can be beings. Cloning. harvested from placentas and umbilical cords, As columnist Charles Krauthammer puts so NATIONAL RIGHT TO LIFE even from human fat cells, have yielded far eloquently, ‘‘. . . once the industry of cloning COMMITTEE, INC. more results than embryonic stem cells. human embryos has begun and thousands are Washington, DC, July 26, 2001. What is most objectionable to the bill is that being created, grown, bought and sold, who is SCIENTISTS SAY ‘‘THERAPEUTIC CLONING’’ it will take us in an entirely new and inhumane going to prevent them from being implanted in CREATES A HUMAN EMBRYO direction, whereby the United States govern- a woman and developed into a cloned child?’’ President Clinton’s National Bioethics Ad- ment will be condoning, indeed encouraging, Well, Mr. Speaker, I ask at what point do we visory Commission, in its 1997 report Cloning the creation of embryos for the purpose of de- Human Beings, explicitly stated: ‘‘The Com- say NO? At what point do we say that we mission began its discussions fully recog- struction. refuse to walk down that slippery slope? There is nothing humanitarian or compas- nizing that any effort in humans to transfer When do we have the strength to stand up a somatic cell nucleus into an enucleated sionate about creating and destroying human for the wonder of life and human experience egg involves the creation of an embryo, with life for some theoretical, technical benefit that and say that we will not allow the creation of the apparent potential to be implanted in is far from established. To create a cloned cloned human embryos for industrial exploi- utero and developed to term.’’ human embryo solely to harvest its cells is just tation? The National Institutes of Health Human as abhorrent as cloning a human embryo for Krauthammer calls the Greenwood bill ‘‘a Embryo Research Panel also assumed in its September 27, 1994 Final Report, that cloning implantation. nightmare and an abomination .... the To not provide an outright and complete ban results in embryos. In listing research pro- launching of the most ghoulish and dangerous on embryonic cloning would set a dangerous posals that ‘‘should not be funded for the enterprise in modern scientific history.’’ precedent. Once the Federal government per- foreseeable future’’ because of ‘‘serious eth- Mr. Speaker. I hope we will all be able to ical concerns,’’ the NIH panel included mits such dubious and mischievous research look back on this day—July 31, 2001—and cloning: ‘‘Such research includes: . . . Stud- practices, regardless of how strict the guide- recognize that it was a day in which we af- ies designed to transplant embryonic or lines and regulations are drawn, human firmed human life and rejected those wishing adult nuclei into an enucleated egg, includ- cloning will undoubtedly occur. to exploit life in a most horrific way. ing nuclear cloning, in order to duplicate a Mr. Speaker, nothing scientifically or medi- genome or to increase the number of em- Mr. Speaker, I urge my colleagues to take cally important would be lost by banning embryos with the same genotype, with trans- those words to heart and reject the Green- bryonic cloning. Indeed, at this time, there is fer.’’ wood substitute and vote in favor of the under- no clinical, scientific, therapeutic or moral jus- A group of scientists, ethicists, and bio- lying bipartisan bill. technology executives advocating ‘‘thera- tification for it. I urge all House Members to As we work together in this body to secure peutic cloning’’ and use of human embryos join a vast majority of American citizens and the future for America, let us march forward for research—Arthur Caplan of the Univer- members of the scientific community in sup- on our strongest ideals of hope, democracy, sity of Pennsylvania, Lee Silver of Princeton port of H.R. 2505, the true Human Cloning and freedom. Let us show the utmost respect University, Ronald Green of Dartmouth Uni- Prohibition Act of 2001. versity, and Michael West, Robert Lanza, for human life and this human experience Mr. DEMINT. Mr. Speaker, it is July 31st, and Jose Cibelli of Advanced Cell Tech- the year 2001. Once upon a time, the discus- which we all share. nology—confirmed in the December 27, 2000 sions about cloning human beings were about Mr. LARGENT. Mr. Speaker, I rise in strong issue of the Journal of the American Medical a hypothetical point in the future. support of H.R. 2505, the Human Cloning Pro- Association that a human embryo is created America has not paid too much attention to hibition Act of 2001. and destroyed through ‘‘therapeutic cloning’’: ‘‘CRNT [cell replacement through the scientific, legal, and ethical issues sur- This bill has an amazingly wide range of support. Opponents of the bill have tried to nuclear transfer, another term for ‘‘thera- rounding cloning because it was always some- peutic cloning’’] requires the deliberate cre- thing so far off in the future that it seemed portray it as a piece of pro-life legislation, and have made it hard for pro-choice members to ation and disaggregation of a human em- surreal. bryo.’’ ‘‘. . . because therapeutic cloning re- Well, the future is upon us and today we support it. But anyone who has followed the quires the creation and disaggregation ex discuss an issue of utmost importance in de- series of cloning hearings has seen some of utero of blastocyst stage embryos, this tech- termining what sort of world we live in. the most unusual alliances in recent political nique raises complex ethical questions.’’ We all want to secure America’s future—to history, including many pro-choice activists On September 7, 2000, the European Par- live in a land of prosperity, good health, and and organizations who see the common sense liament adopted a resolution on human great opportunity. in banning the ghoulish practice of cloning. cloning. The Parliament’s press release de- Even they see that embryo cloning will, with fined and commented on ‘‘therapeutic However, our future will very much be cloning’’: ‘‘... ‘Therapeutic cloning,’ which shaped by our present decisions and funda- virtual certainty, lead to the production of ex- involves the creation of human embryos mental questions about human life and human perimental human beings. purely for research purposes, poses an eth- identity. Scientists acknowledge the ethical questions ical dilemma and crosses a boundary in re- I rise today, Mr. Speaker, in support of H.R. cloning raises. As recently as the December search norms.’’ 2505—the Weldon/Stupak bill to enact a true 27, 2000 issue of the Journal of the American Lee M. Silver, professor of molecular biol- ban on human cloning. I rise in opposition to Medical Association, three bioethicists co-au- ogy and evolutionary biology at Princeton the Greenwood/Deutsch bill which purports to thored a major paper on human cloning that University, argues in his 1997 book, Remak- be a ban, but will allow the industrial exploi- freely acknowledged that somatic cell nuclear ing Eden: Cloning and Beyond in a Brave New World. ‘‘Yet there is nothing synthetic tation of human life. transfer creates human embryos and noted about the cells used in cloning. . . . The Mr. Speaker, you and I and every other per- that it raises complex ethical questions. newly created embryo can only develop in- son on the face of this earth have unique fea- Some have stated that life begins in the side the womb of a woman in the same way tures—things that make us not only human, womb, not a petri dish or a refrigerator. I be- that all embryos and fetuses develop. Cloned but individuals. lieve, however, that human life is created children will be full-fledged human beings,

VerDate 30-JUL-2001 06:05 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.051 pfrm02 PsN: H31PT1 H4930 CONGRESSIONAL RECORD — HOUSE July 31, 2001 indistinguishable in biological terms from ‘‘. . . I do not believe that federal funds rent public attitudes and prevailing ethical all other members of the species.’’ should be used to support the creation of views concerning the use of somatic cell nu- The President and CEO of the bio- human embryos for research purposes, and I clear transfer, and potential legal implica- technology firm that recently announced its have directed that NIH not allocate any re- tions of research in somatic cell nuclear intentions to clone human embryos for resources for such research.’’—President Bill transfer; and search purposes, Michael D. West, Ph.D. of Clinton, Statement by the President, Decem- (2) a review of any technological develop- Advanced Cell Technology, testified before a ber 2, 1994. ments that may require that technical Senate Appropriations Subcommittee on De- ‘‘We can all be assured that the research at changes be made to section 2 of this Act. cember 2, 1998: ‘‘In this . . . procedure, body the National Institutes of Health will be con- (b) REPORT.—The General Accounting Of- cells from a patient would be fused with an ducted with the highest level of integrity. No fice shall transmit to the Congress, within 4 egg cell that has had its nucleus (including embryos will be created for research pur- years after the date of enactment of this the nuclear DNA) removed. This would theo- poses. . . .’’—Rep. Nita Lowey (D–NY), 142 Act, a report containing the findings and retically allow the production of a blasto- Congressional Record at H7343, July 11, 1996. conclusions of its study, together with rec- cyst-staged embryo genetically identical to ‘‘. . . The manufacture of embryos for stem ommendations for any legislation or admin- the patient. . . .’’ cell research . . . may be morally suspect be- istrative actions which it considers appro- Dr. Ian Wilmut of PPL Technologies, lead- cause it violates our desire to accord special priate. er of the team that cloned Dolly the sheep, standing and status to human conception, The SPEAKER pro tempore. Pursu- describes in the spring 1988 issue of Cam- procreation, and sexuality.’’—Arthur Caplan, ant to House Resolution 214, the gen- bridge Quarterly of Healthcare Ethics how Director, University of Pennsylvania Center tleman from Virginia (Mr. SCOTT) and a embryos are used in the process now referred for Bioethics, Testimony before Senate Ap- to as ‘‘therapeutic cloning’’: ‘‘One potential propriations Subcommittee on Labor, Health Member opposed each will control 5 use for this technique would be to take and Human Services, Education and Related minutes. cells—skin cells, for example—from a human Agencies, December 2, 1998. The Chair recognizes the gentleman patient who had a genetic disease . . . You PUBLIC OPINION SPEAKS from Virginia (Mr. SCOTT). take this and get them back to the beginning Mr. SCOTT. Mr. Speaker, I yield my- ‘‘Should scientists be allowed to use of their life by nuclear transfer into an oo- human cloning to create a supply of human self such time as I may consume. cyte to produce a new embryo. From that embryos to be destroyed in medical re- This amendment would provide for a new embryo, you would be able to obtain rel- search?’’ (International Communications Re- study by the General Accounting Office atively simple, undifferentiated cells, which search Poll, June 2001): No—86%, Don’t of this issue. That study would include would retain the ability to colonize the tis- Know/Refused—4.3%, Yes—9.8%. a discussion of new developments in sues of the patient.’’ ‘‘Do you think scientists should be allowed As documented in the American Medical medical technology, the need if any for to clone human beings or don’t you think News, February 23, 1998, University of Colo- somatic cell nuclear transfer, the pub- so?’’ (Time/CNN Poll, April 30, 2001): No— rado human embryologist Jonathan Van lic attitudes and prevailing ethical 88%, Not Sure—2%, Yes—10%. Blerkom expressed disbelief that some deny So-called ‘‘therapeutic cloning,’’ just like views, and potential legal implications. that human cloning produces an embryo, ‘‘reproductive cloning,’’ creates a human em- The developments in stem cell re- commenting: ‘‘If it’s not an embryo, what is bryo. These embryos are killed when their search are proceeding at a very rapid it?’’ stem cells are harvested in the name of pace; and it is difficult for Congress, Mr. BARR of Georgia. Mr. Speaker, today ‘‘medical research.’’ which moves very slowly, to take them the House of Representatives took an impor- ‘‘. . . Any effort in humans to transfer a into account. This amendment would tant step in banning the cloning of human em- somatic cell nucleus into an enucleated egg keep Congress informed of the changes bryos. As this debate moves forward in Con- involves the creation of an embryo, with the in technology and its potential for gress, I believe the National Right to Life apparent potential to be implanted in utero medical advance. It would also keep us and developed to term.’’—Cloning Human Committee has made some very important advised of any need for technical points which we need to keep in mind: Beings: Report and Recommendations of the National Bioethics Advisory Commission changes to the bill to keep its prohibi- NATIONAL RIGHT TO LIFE (Rockville, MD: June 1997, Executive Sum- tion on cloning effective and narrowly COMMITTEE, INC. Washington, DC, July 26, 2001. mary). drawn. ‘‘We can debate all day whether an embryo Furthermore, this is an area where AMERICANS OPPOSE CLONING HUMAN EMBRYOS is or isn’t a person. But it is unquestionably public attitudes and ethical views are FOR RESEARCH human life, complete with its own unique set often confused and uncertain. The The biotechnology industry is pushing for of human genes that inform and drive its study will be helpful in summarizing a deceptive ‘‘cloning ban’’ sponsored by own development. The idea of the manufac- James Greenwood. This bill actually per- ture of such a magnificent thing as a human and clarifying those issues. mits, protects, and licenses the unlimited life purely for the purpose of conducting re- Mr. Speaker, some of the issues that creation of cloned human embryos for ex- search is grotesque, at best. Whether or not we have to deal with have been re- perimentation as long as those embryos are it is federally funded.’’—Editorial, ‘‘Embryo flected in the questions that have been destroyed before being implanted in a moth- Research is Inhuman,’’ Chicago Sun-Times, raised on what the bill actually does: er’s womb. It would more accurately be October 10, 1994, 25. the potential for embryonic versus termed a ‘‘clone and kill’’ bill. The SPEAKER pro tempore. All time adult cell research, and issues such as In the past, even major defenders of harm- for debate on the bill, as amended, has the impact of the bill which would be ful research on human embryos have rejected expired. the idea of special creation of embryos for in effect in the United States on med- research. AMENDMENT NO. 1 OFFERED BY MR. SCOTT ical treatments which may be available ‘‘The creation of human embryos specifi- Mr. SCOTT. Mr. Speaker, I offer an everywhere else in the world except in cally for research that will destroy them is amendment. the United States. unconscionable.’’—Editorial, ‘‘Embryos: The SPEAKER pro tempore. The Mr. SENSENBRENNER. Mr. Speak- Drawing the Line,’’ Washington Post, Octo- Clerk will designate the amendment. er, will the gentleman yield? ber 2, 1994, C6. The text of the amendment is as fol- Mr. SCOTT. I yield to the gentleman ‘‘What the NIH must decide is whether to lows: from Wisconsin. put a seal of approval on . . . creating em- Mr. SENSENBRENNER. I thank the Amendment No. 1 printed in House Report bryos when necessary through in vitro fer- gentleman for yielding. tilization, conducting experiments on them 107–172 offered by Mr. SCOTT: and throwing them away when the experi- Page 4, after line 8, insert the following: Mr. Speaker, I believe that this is an ments are finished. . . . The price for this po- SEC. 3. STUDY BY GENERAL ACCOUNTING OF- extremely constructive amendment. tential progress is to disregard in the case of FICE. The gentleman from Virginia offered it embryos the basic ethical principal that no (a) IN GENERAL.—The General Accounting during Judiciary Committee consider- human’s bodily integrity may be violated in- Office shall conduct a study to assess the ation and withdrew it because of juris- voluntarily, no matter how much good may need (if any) for amendment of the prohibi- dictional concerns. I would hope that result for others.’’ Editorial, ‘‘Life is pre- tion on human cloning, as defined in section the House would adopt this amendment cious, even in the lab,’’ Chicago Tribune, No- 301 of title 18, United States Code, as added because I believe it would put addi- vember 30, 1994. by this Act, which study should include— ‘‘. . . We should not be involved in the cre- (1) a discussion of new developments in tional information on the table to help ation of embryos for research. I completely medical technology concerning human further clarify this very contentious agree with my colleagues on that score.’’— cloning and somatic cell nuclear transfer, debate. Rep. Nancy Pelosi (D–CA), 142 Congressional the need (if any) for somatic cell nuclear Mr. SCOTT. Mr. Speaker, I yield Record at H7343, July 11, 1996. transfer to produce medical advances, cur- back the balance of my time.

VerDate 30-JUL-2001 06:05 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.074 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4931 The SPEAKER pro tempore. Pursu- ister not later than 60 days after such date). the same extent and in the same manner as ant to House Resolution 214, the pre- The Secretary may by regulation require such paragraphs (3) through (5) apply with vious question is ordered on the that the registration provide additional in- respect to a civil penalty under paragraph (1) amendment offered by the gentleman formation regarding the identity and busi- or (2) of subsection (g).’’. ness locations of the individual, and informa- (4) FORFEITURE.—Section 303 of the Federal from Virginia (Mr. SCOTT). tion on the training and experience of the in- Food, Drug, and Cosmetic Act, as amended The question is on the amendment dividual regarding the performance of such by paragraph (3), is amended by adding at offered by the gentleman from Virginia technology. the end the following: (Mr. SCOTT). ‘‘(2) ATTESTATION.—A registration under ‘‘(i) Any property, real or personal, derived The amendment was agreed to. paragraph (1) shall include a statement, from or used to commit a violation of section 301(bb), or any property traceable to AMENDMENT IN THE NATURE OF A SUBSTITUTE signed by the individual submitting the reg- such property, shall be subject to forfeiture OFFERED BY MR. GREENWOOD istration, declaring that the individual is to the United States.’’. Mr. GREENWOOD. Mr. Speaker, I aware of the prohibitions described in subsection (a) and will not engage in any viola- SEC. 3. STUDY BY INSTITUTE OF MEDICINE. offer an amendment in the nature of a tion of such subsection. (a) IN GENERAL.—The Secretary of Health substitute. ‘‘(3) CONFIDENTIALITY.—Information pro- and Human Services (referred to in this sec- The SPEAKER pro tempore. The vided in a registration under paragraph (1) tion as the ‘‘Secretary’’) shall request the In- Clerk will designate the amendment in shall not be disclosed to the public by the stitute of Medicine to enter into an agree- the nature of a substitute. Secretary except to the extent that— ment with the Secretary under which such The text of the amendment in the na- ‘‘(A) the individual submitting the reg- Institute conducts a study to— ture of a substitute is as follows: istration has in writing authorized the dis- (1) review the current state of knowledge closure; or about the biological properties of stem cells Amendment in the nature of a substitute obtained from embryos, fetal tissues, and printed in House Report 107–172 offered by ‘‘(B) the disclosure does not identify such individual or any place of business of the in- adult tissues; Mr. GREENWOOD: (2) evaluate the current state of knowledge Strike all after the enacting clause and individual. about biological differences among stem sert the following: ‘‘(d) PREEMPTION OF STATE LAW.—This section supersedes any State or local law that— cells obtained from embryos, fetal tissues, SECTION 1. SHORT TITLE. ‘‘(1) establishes prohibitions, requirements, and adult tissues and the consequences for This Act may be cited as the ‘‘Cloning Pro- or authorizations regarding human somatic research and medicine; and hibition Act of 2001’’. cell nuclear transfer technology that are dif- (3) assess what is currently known about SEC. 2. PROHIBITION AGAINST HUMAN CLONING. ferent than, or in addition to, those estab- the ability of stem cells to generate neurons, (a) IN GENERAL.—The Federal Food, Drug, lished in subsection (a) or (c); or heart, kidney, blood, liver and other tissues and Cosmetic Act (21 U.S.C. 301 et seq.) is ‘‘(2) with respect to humans, prohibits or and the potential clinical uses of these tis- amended by adding at the end the following: restricts research regarding or practices con- sues. ‘‘CHAPTER X—HUMAN CLONING stituting— (b) OTHER ENTITIES.—If the Institute of Medicine declines to conduct the study de- ‘‘PROHIBITION AGAINST HUMAN CLONING ‘‘(A) somatic cell nuclear transfer; ‘‘(B) mitochondrial or cytoplasmic ther- scribed in subsection (a), the Secretary shall ‘‘SEC. 1001. (a) NUCLEAR TRANSFER TECH- apy; or enter into an agreement with another appro- NOLOGY.— ‘‘(C) the cloning of molecules, DNA, cells, priate public or nonprofit private entity to ‘‘(1) IN GENERAL.—It shall be unlawful for conduct the study. any person— tissues, or organs; except that this subsection does not apply to (c) REPORT.—The Secretary shall ensure ‘‘(A) to use or attempt to use human so- any State or local law that was in effect as that, not later than three years after the matic cell nuclear transfer technology, or of the day before the date of the enactment date of the enactment of this Act, the study the product of such technology, to initiate a of the Cloning Prohibition Act of 2001. required in subsection (a) is completed and a pregnancy or with the intent to initiate a ‘‘(e) RIGHT OF ACTION.—This section may report describing the findings made in the pregnancy; or not be construed as establishing any private study is submitted to the Committee on En- ‘‘(B) to ship, mail, transport, or receive the right of action. ergy and Commerce in the House of Rep- product of such technology knowing that the ‘‘(f) DEFINITION.—For purposes of this sec- resentatives and the Committee on Health, product is intended to be used to initiate a tion, the term ‘person’ includes govern- Education, Labor, and Pensions in the Sen- pregnancy. mental entities. ate. ‘‘(2) DEFINITION.—For purposes of this sec- ‘‘(g) SUNSET.—This section and section tion, the term ‘human somatic cell nuclear The SPEAKER pro tempore. Pursu- 301(bb) do not apply to any activity described ant to House Resolution 214, the gen- transfer technology’ means transferring the in subsection (a) that occurs on or after the tleman from Pennsylvania (Mr. GREEN- nuclear material of a human somatic cell expiration of the 10-year period beginning on into an egg cell from which the nuclear ma- the date of the enactment of the Cloning WOOD) and the gentleman from Wis- terial has been removed or rendered inert. Prohibition Act of 2001.’’. consin (Mr. SENSENBRENNER) each will ‘‘(b) RULE OF CONSTRUCTION.—This section (b) PROHIBITED ACTS.— control 30 minutes. may not be construed as applying to any of (1) IN GENERAL.—Section 301 of the Federal PARLIAMENTARY INQUIRY the following: Food, Drug, and Cosmetic Act (21 U.S.C. 331) Mr. GREENWOOD. Mr. Speaker, I ‘‘(1) The use of somatic cell nuclear trans- is amended by adding at the end the fol- fer technology to clone molecules, DNA, have a parliamentary inquiry. lowing: The SPEAKER pro tempore. The gen- cells, or tissues. ‘‘(bb) The violation of section 1001(a), or ‘‘(2) The use of mitochondrial, the failure to register in accordance with tleman will state it. cytoplasmic, or gene therapy. section 1001(c).’’. Mr. GREENWOOD. Would it be ap- ‘‘(3) The use of in vitro fertilization, the (2) CRIMINAL PENALTY.—Section 303(b) of propriate for me or permissible under administration of fertility-enhancing drugs, the Federal Food, Drug, and Cosmetic Act the rules for me to yield 15 minutes of or the use of other medical procedures (ex- (21 U.S.C. 333(b)) is amended by adding at the my time to the gentleman from Florida cluding those using human somatic cell nu- end the following: (Mr. DEUTSCH)? clear transfer or the product thereof) to as- ‘‘(7) Notwithstanding subsection (a), any The SPEAKER pro tempore. By sist a woman in becoming or remaining preg- person who violates section 301(bb) shall be unanimous consent, the gentleman nant imprisoned not more than 10 years or fined from Florida could control those 15 ‘‘(4) The use of somatic cell nuclear trans- in accordance with title 18, United States fer technology to clone or otherwise create Code, or both.’’. minutes. animals other than humans. (3) CIVIL PENALTY.—Section 303 of the Fed- Mr. GREENWOOD. Mr. Speaker, I ‘‘(5) Any other activity (including bio- eral Food, Drug, and Cosmetic Act (21 U.S.C. ask unanimous consent that the gen- medical, microbiological, or agricultural re- 333) is amended by adding at the end the fol- tleman from Florida (Mr. DEUTSCH) be search or practices) not expressly prohibited lowing: permitted to control 15 minutes. in subsection (a). ‘‘(h)(1) Any person who violates section The SPEAKER pro tempore. Is there ‘‘(c) REGISTRATION.— 301(bb) shall be liable to the United States objection to the request of the gen- ‘‘(1) IN GENERAL.—Each individual who infor a civil penalty in an amount not to ex- tleman from Pennsylvania? tends to perform human somatic cell nuclear ceed the greater of— There was no objection. transfer technology shall, prior to first per- ‘‘(A) $1,000,000; or Mr. DEUTSCH. Mr. Speaker, if I forming such technology, register with the ‘‘(B) an amount equal to the amount of any could just inquire, how would we be Secretary his or her name and place of busi- gross pecuniary gain derived from such vio- ness (except that, in the case of an individual lation multiplied by 2. going in terms of order of speakers? who performed such technology before the ‘‘(2) Paragraphs (3) through (5) of sub- The SPEAKER pro tempore. The date of the enactment of the Cloning Prohi- section (g) apply with respect to a civil pen- Chair would allow the proponent of the bition Act of 2001, the individual shall so reg- alty under paragraph (1) of this subsection to amendment to speak first. H4932 CONGRESSIONAL RECORD — HOUSE July 31, 2001 Mr. DEUTSCH. And then to the oppo- ception. It is an interesting question to the prohibition against human cloning nent, and then it will revert back and look at, when is it that people over his- virtually impossible to enforce, it forth? tory have defined the onset of life. would foster the creation of cloned The SPEAKER pro tempore. That is The Catholic Church used to say that human embryos through the Depart- correct. it began with quickening, when a ment of Health and Human Services, Mr. DEUTSCH. Mr. Speaker, I yield woman could feel the motion of the and trump States that wish to prohibit myself 1 minute. fetus in her womb, and that was when cloning. Mr. Speaker, I have been attempting ensoulment occurred. When scientists As I have already stated, allowing to personalize this issue as much as I discovered how fertilization worked, the creation of cloned embryos by law can. One of the things I would ask my the Church changed its opinion and would enable anyone to attempt to colleagues to do is look at some of the said life actually begins at conception, clone a human being. While most indi- lists of groups that are supporting the at fertilization, and for those who ad- viduals do not have the scientific ca- Greenwood-Deutsch amendment in op- here to that position, they have my ut- pacity to clone human embryos, once position to the Weldon bill: the Parkin- most respect. I do not think they ought they have been cloned, there is no son’s Action Network, the Juvenile Di- to put their position into the statutes mechanism for tracking them. abetes Research Foundation, Alliance of the Federal Government, but they In fact, one would logically expect an for Aging, American Infertility Asso- certainly should be respected for that organization authorized to clone ciation, American Liver Foundation, belief that they have. human embryos pursuant to this sub- International Kidney Cancer Founda- But now we have moved the goal- stitute to be prepared to produce an tion. posts again, and now somehow we are abundance of cloned embryos for re- I mention several of these organiza- supposed to be required to, A, believe search. Meanwhile, those without the tions because as I have said, and I that ensoulment occurs when a so- capabilities to clone embryos, could think what we all acknowledge, that matic cell taken from someone’s skin easily implant any of the legally the issue of using embryonic stem cell divides in a petri dish, and for those cloned embryos, if they had the oppor- research is over. And why is it over? who want to make that leap of faith, or tunity, and a child would develop. Because of the 435 Members in this leap of whatever it is, belief, they are Furthermore, those who do want to Chamber, we have heard from our welcome to do that. clone humans for reproductive pur- friends, from our families, from our But to put into the statutes of the poses are very well funded and may neighbors, from our constituents about Federal Government a prohibition have the capability to clone embryos. real people who are suffering real dis- against using the state of the art re- Would they be banned from registering eases. That suffering is incalculable. search that is wonderfully brilliant, with HHS under this amendment, or None of us would want that to happen fine and inspired, and noble researchers would they be authorized to create to anyone. Yet we know it exists and are trying to employ in the laboratory cloned embryos under the watchful eye we feel pain when we talk to people. for the very purpose of saving the lives of the Federal Government? If not, Many of us experience that pain our- of people, to put into law a Federal ban what would prevent any of these pri- selves. I put up these numbers again to against that, I think, is immoral. I vately funded groups from creating a note that the individuals added collec- think it is wrong, and we should not do new organization with unknown inten- tively together add up to tens of mil- it. tions? If they did attempt human lions of Americans and to hundreds of Now, the Greenwood-Deutsch sub- cloning for reproductive purposes, who millions of family Members. stitute is very simple. All we have been would be held accountable? The lead Mr. GREENWOOD. Mr. Speaker, I trying to do from the very beginning is scientists or others, or would the im- yield myself such time as I may con- prohibit reproductive cloning. That is pregnated mother? sume. all we do. That is all we do, is say thou The fact is, any legislative effort to We have had a good 2 hours of debate, shalt not create new babies using prohibit cloning must allow enforce- and it has been encouraging to see the cloning, because it is not safe and it is ment to occur before a cloned embryo extent to which Members of Congress not ethical. is implanted. Otherwise, it is too late, have been able to grapple with this I said months ago to the leadership of and that is the big deficiency in the very complicated issue. this House, if you want to do what we Greenwood substitute. Unfortunately, the Members who are all agree on, we all want to stop that, The substitute attempts to draw a speaking are the ones who have mas- then we need to shoot a silver bullet distinction between necessary sci- tered it. We will have a vote within the and a rifle shot and stop that legisla- entific research and human cloning by hour and unfortunately most Members tively. We could do that. authorizing HHS to administer a quasi- will come here pretty confused about I said then but if we get mired down registry; quasi because the embryos are the issue. into the stem cell debate, the result is not in the custody of HHS, they are Let me try to simplify the issue once predictable. The legislation will go no- maintained by private individuals. again and ask that we try to avoid where, this bill when it passes the However, let us be clear, the crux of some of the ad hominem argument that House today will not be taken up in the this substitute is to invoke a debate on I think is beginning, and the hostility, Senate. I cannot believe the Senate is stem cell research, a political knuckle frankly, that is beginning to develop going to get into this issue. ball, and this debate on stem cell re- on the floor on this issue. This is not a So what will we have done at the end search is a red herring. question about who has values and who of the day? We will have done nothing. First, therapeutic cloning does not stands for human life and who does We will not have banned reproductive exist, not even for experimental tests not. It is a very legitimate and impor- cloning, because it is more interesting on animals. tant and historic debate about how it to get into this extraordinary meta- Second, the substitute would require is that we are able to use the DNA that physical debate whether life does or authorized researchers to destroy un- God put into our own bodies, use the does not begin when a skin cell divides used embryos, the first Federal man- brain that God gave us to think cre- in a petri dish. date of its kind and a step that is ex- atively, and to employ this research to Mr. Chairman, I reserve the balance tremely controversial. save the lives of men, women and chil- of my time. Third, the bill allows for the produc- dren in this country and throughout Mr. SENSENBRENNER. Mr. Speak- tion of cloned embryos for stem cell re- the world and to rescue them from ter- er, I yield myself 6 minutes. search. Again, H.R. 2505 does not pro- ribly debilitating and life-shortening Mr. Speaker, I rise in opposition to hibit stem cell research. It does not diseases. the substitute that has been offered by prohibit stem cell research. Currently my friend, the gentleman from Penn- private organizations are able to con- b 1615 sylvania (Mr. GREENWOOD). This sub- duct unfettered research on embryonic We have an extraordinary oppor- stitute is a big mistake for a number of stem cells. While this research is ethi- tunity to do this with the research reasons, and it should not be sup- cally and morally controversial, it has technique that does not involve con- ported. Most notably, it would make been heralded, because embryonic stem

VerDate 30-JUL-2001 06:46 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.123 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4933 cells multiply faster and live longer in beings is ethically unacceptable. In immediately conjures up images of Dr. petri dishes than adult stem cells. fact, I think just about everyone will Frankenstein or the chemist fiddling Cloned embryo cells and normal em- reach this conclusion, which leads me with his or her chemistry set creating bryo cells provide the same cellular to question whether we actually need solutions and potions of unknown char- tissue for research purposes. However, to legislate something that is so com- acteristics. Mr. Speaker, these embryonic stem mon sense. I am not a biological scientist my- cells have failed in many clinical tests Now, let me ask people to imagine self. I have been a Dean of Graduate because they multiply too rapidly, the conditions under which Jonas Salk Studies and Research. I do know what causing cysts and cancers. Adult stem developed a vaccine to prevent polio. goes on in universities, and in this Na- cells are the other area of stem cell re- Presumably, Dr. Salk spent many tion we have a great number of labora- search, which is much less controver- hours in his research laboratory, grow- tories, and this government has helped sial and which has been successful in ing tissue cultures, and implanting fund bright young people. We need to over 45 trials. In fact, adult stem cells within those cultures foreign agents to encourage them and not limit them. have been utilized to treat multiple stimulate and ultimately prevent Honestly, I cannot say I remember sclerosis, bone marrow disorders, leu- polio. How many of us then questioned much from my own school biology kemias, anemias, and cartilage defects the scientific techniques being used by class, and I think a lot of us are in the and immuno-deficiency in children. Dr. Salk, and thousands of other re- same way. We were dealing with leaves Adult stem cells have been extracted searchers since then to discover new and not molecular objects. Like most from bone marrow, blood, skeletal medicines and treatments for debili- people, I find these images to be dis- muscle, the gastro-intestinal tract, the tating illnesses that plague our soci- concerting. But I want to live in a placenta, and brain tissue, to form ety? Can anyone actually say that the world in which science can be allowed bone marrow, bone, cartilage, tendon, polio vaccine is bad because it was de- to proceed to find a cure for polio, for muscle, fat, liver, brain, nerve, blood, veloped using tissue samples? Alzheimer’s, for any host of tragic dis- heart, skeletal muscle, smooth muscle, The problems with the discussions eases, and that treatments might be esophagus, stomach, small intestine, surrounding the human cloning bill ad- possible for any of them. We can only large intestine, and colon cells. H.R. vanced by the gentleman from Florida do this by letting the science move for- 2505 would not interfere with this work, (Mr. WELDON) and the gentleman from ward. The Greenwood alternative per- but it prohibits the production of Michigan (Mr. STUPAK) are two-fold. mits this; Weldon does not. cloned embryos. It is a cloning bill; it First, it cloaks a worthwhile and nec- b 1630 is not a stem cell research bill. essary debate in grossly overblown Furthermore, H.R. 2505 allows for rhetoric; and, second, it is such a Ultimately, the debate and science cloning research on various molecules, broad-brush effort that it would abso- are too complicated to leave to a group DNA, cells from other human embryos, lutely prohibit potentially life-saving of unsophisticated legislators with in- tissues, organs, plants, animals or ani- therapies that may prevent and cure struments too blunt to be effective. I mals other than humans. In fact, it al- diseases such as Alzheimer’s, cancer, am concerned that the House leader- lows for cloning research on RNA, ribo- Lou Gehrig’s disease, cardiovascular ship has allowed this debate to proceed nucleic acid, which has been used in ge- damage, diabetes, and spinal cord inju- in this hasty, reckless fashion. netic therapy. ries. At 5 o’clock I will be meeting with For this reason alone, we should be Fourth, the substitute prohibits a group on Hunter’s Syndrome. These the first to follow the Hippocratic States from adopting laws that pro- various diseases could probably very Oath: First, do no harm. That means, hibit or more strictly regulate cloning well be researched by NIH and the oppose the Weldon bill. within their borders. It is a Federal great universities of this land. Mr. SENSENBRENNER. Mr. Speak- preemption. This portion of the sub- What we are talking about, in short, er, I yield myself 1 minute. stitute raises even more ethical con- is watching cells divide in a petri dish. With all due respect to my friend, the cerns which speak for themselves. Try Could this group of cells develop into a gentleman from California (Mr. HORN), telling my constituents they cannot human embryo? Maybe, but only if im- I do not think the gentleman has read ban human cloning, and I will tell you planted in a womb, and then its devel- the bill and I do not think he has been they disagree. opment is questionable. listening to the debate. Finally, Mr. Speaker, the substitute The Greenwood bill permits the tech- This bill does not stop scientific re- contains a 10-year sunset provision. If nology, but ensures that the group of search. This bill does not stop stem cell this were to be enacted, Congress cells never develops into anything re- research. This bill stops research in de- would have to go through this debate motely resembling a human being. struction of cloned embryonic stem once again before the sunset occurs. So, let me ask, is this cell group real- cells, no other stem cells whatsoever. The ethical and moral objections to ly any different from the tissue cul- I do not think Dr. Salk used cloned human cloning will not change 10 years tures grown by Dr. Salk? Is this group material when he developed the polio from now. However, the proponents of of cells so special that they deserve all vaccine. Nobody even thought of human cloning will continue to fight of the moral, ethical, and legal protec- cloning 45, 50 years ago when Dr. Salk for their right to produce human clones tions that we afford fully developed, was using his research. in America; and authorizing a subse- fully functional, and fully cognitive Please, let us talk about what is in quent ban on human cloning could be- emotive human beings? the bill and what is in the Greenwood come even more controversial. Is this group of cells so different and substitute, rather than bringing up This is why Members on both sides of so much more important from the fro- issues that are completely irrelevant the aisle should rise in opposition to zen fertilized eggs that we are consid- to both. the substitute, defeat it, and pass H.R. ering using for stem cell research that Mr. Speaker, I yield 4 minutes to the 2505. they deserve more proscriptive treat- gentleman from Michigan (Mr. STU- Mr. Speaker, I reserve the balance of ment? Why are we less concerned about PAK), the coauthor of the bill. my time. the sanctity of life with eggs that were Mr. STUPAK. Mr. Speaker, I thank Mr. GREENWOOD. Mr. Speaker, I harvested and fertilized for purposes of the gentleman for yielding time. yield 5 minutes to the distinguished creating a human life than in the situ- I rise today in strong support of the and scholarly gentleman from Cali- ation where we have neither of these Weldon-Stupak Human Cloning Prohi- fornia (Mr. HORN). purposes? bition Act of 2001, and I would like to Mr. HORN. Mr. Speaker, I thank the Although I am not convinced that thank the gentleman from Florida (Mr. gentleman for yielding me time. the Greenwood substitute is a perfect WELDON) for his leadership on this First I ask everyone to take a deep alternative, it is certainly a superior issue. breath and step back for a moment. alternative to an approach that would We are in the midst of a tremendous The House of Representatives is de- stop any sort of life-affirming thera- new debate, a tremendous new policy bating a bill that prohibits human pies to advance. I think what has all of direction, a tremendous new revolu- cloning. I agree that cloning human us ill at ease is that this technology tion. We cannot afford to treat the

VerDate 30-JUL-2001 06:46 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.127 pfrm02 PsN: H31PT1 H4934 CONGRESSIONAL RECORD — HOUSE July 31, 2001 issue of human embryo cloning lightly, nents, show me your miracles. Show on reproductive cloning will be every nor can we treat it without serious de- me the wondrous advances done on ani- bit as effective as the Weldon ban on bate and deliberation. mal embryonic cloning. But these op- all research. If someone is deterred by The need for action is clear. A cult ponents cannot show me these ad- one felony penalty, they will be de- has publicly announced its intention to vances because they do not exist. terred by the other. begin human cloning for profit. Re- Our ability to delve into the mys- Finally, let me point out that the search firms have announced their in- teries of life grows exponentially. All Greenwood substitute cleans up two tentions to clone embryos for research fields of science fuse to enhance our major drafting mistakes in the Weldon purposes and then discard what is not ability to go where we have never gone bill, mistakes that, in and of them- needed. Whatever your beliefs, pro-life, before. selves, should be enough to make Mem- pro-choice, Democrat or Republican, The question is this: Simply because bers oppose the Weldon bill. the fact is embryos are the building we can do something, does that mean First, as the dissenting views in the blocks of human life and human life we should do it? What is the better committee report note, this bill crim- itself. We must ask ourselves, what path to take? One of haste and a rush inalizes some forms of infertility treat- will our message be here today? What into the benefits that are, at best, ments. These are not the science fic- makes us up as human beings? What is years in the future, entrusting cloned tion clones that people have been talk- the human spirit? What moves us? human embryos to scientists who do ing about today; this is a woman and a What separates us from animals? not know what they are doing with man who want to have a child using That is what we are debating here cloned animal embryos; or one urging her egg and his sperm and some other today. caution, urging a step back, urging de- genetic materials to make up for flaws What message will the United States liberation? in one or the other; and this bill would send? Will it be a cynical signal that The human race is not open for ex- make this couple and their doctors fel- human embryo cloning and destruction perimentation at any level, even at the ons. That is wrong. They do not want is okay, acceptable, even to be encour- molecular level. Has not the 20th cen- Dolly the sheep, they want a child of aged, all in the name of science? Or tury history shown us the folly of this their own. will it be a message urging caution and belief? care? If we allow this research to go The Holy Grail? The magic? How Second, the Weldon bill makes crimi- forward unchecked, what will be next? about the human soul? Scientists and nal all products that are derived from Allowing parents to choose the color of medical researchers cannot find it, this research. This means that if an ad- the eyes or the hair of their children, they cannot medically explain it, but vance in research leads to a new pro- or create super babies? We need to con- writers write about it; songwriters sing tein or enzyme or chemical, that pro- sider all aspects of cloning and not just about it; we believe in it. From the tein or enzyme or chemical cannot be what the researchers tell us is good. depths of our souls, we know we should brought into this country, even if it re- Opposition to the Weldon-Stupak bill ban human cloning. quires no creation of new fertilized has based its objections on arguments For the sake of our soul, reject the eggs and is the cure for dreaded dis- that we will stifle research, discourage substitute and support the Weldon-Stu- eases. That is wrong. It is an over- free thinking, put science back in the pak bill. reaction and does not serve any useful Dark Ages. How ridiculous. The Mr. DEUTSCH. Mr. Speaker, I yield 3 end. Weldon-Stupak bill does nothing of the minutes to the gentleman from Cali- I urge my colleagues to support the sort. It allows animal cloning; it allows fornia (Mr. WAXMAN). Greenwood amendment. We should tissue cloning; it allows current stem (Mr. WAXMAN asked and was given clearly define what is wrongdoing, pro- cell research being done on existing permission to revise and extend his re- hibit it, and enforce that prohibition, embryos; it allows DNA cloning. All of marks.) but we should not shut down beneficial this is not seen as stifling research. Mr. WAXMAN. Mr. Speaker, I rise in work, clinical trials, organ transplants, The fact is, there is no research being support of the Greenwood substitute or genetic cell replication because of a done on cloned human embryos, so how and in opposition to H.R. 2505. risk of wrongdoing; and we should not can we stifle it? This debate involves research that ban some things by the accident of bad Mr. Speaker, do we know why there holds a great deal of promise for de- drafting. is no research being done? Because sci- feating disease and repairing damaged Mr. Speaker, I rise in support of the Green- entists, the same ones who are banging organs. It also involves a great deal of wood substitute and in opposition to H.R. on our doors to allow this experiment confusion. 2505. This debate involves research that holds In order to tilt the debate about ge- with human embryos, do not know how a great deal of promise for defeating disease netic cell replication research, some to. They have experimented for years and repairing damaged organs. It also in- opponents lump it with Dolly the with cloned animal embryos with very volves a great deal of confusion. limited success. These scientists, who sheep. No one supports reproductive were pushing so hard to be allowed a cloning and no one benefits from such Let me try to clear up that confusion by free pass for research on what con- confusion, except those who hope to clarifying what we mean by ‘‘cloning re- stitutes the very essence of what it is spur an overreaction. The Greenwood search,’’ because the term means different to be a human, do not know what goes substitute would prohibit reproductive things to different people. Some ‘‘cloning’’ re- wrong with cloned animal embryos. cloning without shutting down valu- search involves, for example, using genetic The horror stories are too many to able research. material to generate one adult skin cell from mention here of deformed mice and de- Some argue to prohibit genetic cell another adult skin cell. I know of no serious formed sheep developing from cloned replication research because it might, opposition to such research. embryos. in the wrong hands, be turned into re- Some ‘‘cloning’’ research starts with a A prominent researcher working for productive cloning research. I cannot human egg cell, inserts a donor’s complete a bioresearch company has admitted support this argument. All research genetic material into its core, and allows this scientists do not know how or what can be misused. That is why we regu- cell to multiply to produce new cells, geneti- happens in cloned embryos allowing late research, investigate abuse of sub- cally identical to the donor’s cells. This is ge- these deformed embryos. In fact, he jects, and prosecute scientific fraud netic cell replication. These cells can, in the- calls the procedure when an egg repro- and misconduct. If researchers give ory, be transplanted to be used for organ re- grams DNA ‘‘magic.’’ Magic? That is drug overdoses in clinical trials, the pair or tissue regeneration—without risk of al- hardly a comforting or a hard-hitting law requires that they be disbarred and lergic reaction or rejection. H.R. 2505 would scientific term, but it is accurate. It is punished. If someone were to traffic in ban that—for no good reason. magic. organs, the law requires they be pros- Some ‘‘cloning’’ research is for reproduction. Opponents of our bill have said em- ecuted, and if someone were to develop It starts with the human egg and donated ge- bryonic research is the Holy Grail of reproductive cloning under the Green- netic material, but it is intended to go further, science and holds the key to untold wood substitute, they would be pros- in an effort to create what is essentially a medical wonders. I say to these oppo- ecuted for a felony. The Greenwood ban human version of Dolly the sheep, a full-scale

VerDate 30-JUL-2001 06:46 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.132 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4935 living replica of the donor of the genetic mate- because it accords a cell—a special cell, but But that could be interpreted as a fail- rial. I know of no serious support for such re- only a cell—the same rights and protections ure to take seriously the ethical issues search and the Greenwood amendment would as a person. No one supports creating a that cloning raises and the need to ban that. cloned human being, but we should allow re- block the path to reproductive cloning. In order to tilt the debate about genetic cell search on how cells work to continue. That is the last thing we should want replication research, some opponents lump it Mr. GREENWOOD. Mr. Speaker, I to do, for as Leon Kass and Daniel Cal- with Dolly the sheep. No one supports repro- yield myself 30 seconds. lahan have argued in a recent article, ductive cloning, and no one benefits from such The gentleman from Wisconsin (Mr. reproductive cloning would threaten confusion except those who hope to spur an STUPAK) asked for an example of how individuality and confuse identity, con- overreaction. The Greenwood amendment this research is working. Dr. Okarma, founding our very definition of would prohibit reproductive cloning without who testified at our hearings, spoke of personhood, and it would represent a shutting down valuable research. how they have taken mice who had giant step toward turning procreation Some also argue to prohibit genetic cell rep- damaged hearts, they used somatic cell into manufacture. lication research because it might—in the nuclear transfer to take the cells of the I will vote for the Greenwood sub- wrong hands—be turned into reproductive mice, turn them into pluripotent stem stitute as the best of the available al- cloning research. I cannot support this argu- cells, and then into heart cells, and ternatives. We are not certain of the ment. then they injected those heart cells promise of somatic cell nuclear trans- Such a prohibition is no more reasonable into the heart of the mouse. What hap- fer, or therapeutic cloning, research for than to prohibit all clinical trials because re- pened? Those cells behaved like heart the treatment or cure of diseases such searchers might give overdoses deliberately. It cells. They pumped blood and kept the as Alzheimer’s, diabetes, Parkinson’s is as much overreaching as prohibiting all mouse alive. or stroke. But we simply must take the organ transplant studies because an unscru- All we are asking for here today is to enormous potential for human benefit pulous person might buy or sell organs for give the people of the world, the people seriously. profit. of this country, the same chance that In moving to head off morally unac- All research can be misused. That’s why we the mouse had. ceptable reproductive cloning, we must regulate research, investigate abuse of sub- Mr. SENSENBRENNER. Mr. Speak- take great care not to block research jects, and prosecute scientific fraud and mis- er, I yield 1 minute to the gentleman for treatments which have great poten- conduct. from California (Mr. CUNNINGHAM). tial for good and could run afoul of the If researchers give drug overdoses in clin- Mr. CUNNINGHAM. Mr. Speaker, ical trials, the law requires that they be dis- ban included in H.R. 2505. John Porter, the former chairman of barred and punished. If someone were to Critics such as Kass and Callahan Labor-HHS, asked me to do a terrible traffick in organs, the law requires that they be argue persuasively that the ban on re- thing once. He asked me to chair a prosecuted. And if someone were to develop productive cloning contained in the committee with children with exotic reproductive cloning, under the Greenwood Greenwood substitute would be dif- diseases. I had to shut down the com- amendment, they could be prosecuted for a ficult to enforce. But would the ban of mittee it hurt so much. One little girl felony. nuclear transfer contained in H.R. 2505 And the Greenwood ban will be every bit as said, Congressman, you are the only be more easily enforced? As the dis- effective as the Weldon ban on all research. If person that can save my life, and that senting views of the Committee on the someone is deterred by one felony penalty, little child died, and there are thou- Judiciary report argue, they will be deterred by the other sands of these children. If a ban on the surgical procedure of im- Finally, let me point out that the Greenwood I am 100 percent pro-life, 11 years, planting embryos into the uterus is unen- amendment cleans up two major drafting mis- but I support stem cell research of dis- forceable, a ban on a procedure that takes takes in the Weldon bill—mistakes that in and carded cells. The concern that all of us place in a petri dish in the privacy of a sci- of themselves should be enough to make have is, if we go along with the gen- entific laboratory is even more so. Members oppose the Weldon bill. tleman from Pennsylvania (Mr. GREEN- Mr. Speaker, these are very difficult First, as the dissenting views in the Com- WOOD), the same thing will happen that matters. We should not suppose that mittee Report note, this bill criminalizes some happened in England. They started our votes here today, whatever the reforms of infertility treatments. These are not with stem cell research, then they ex- sult, will resolve them. We must do the the science fiction clones that people have panded it to nuclear transfer of the so- best we can, drawing the moral lines been talking about today; this is a woman and matic cells. Then they went to human that must be drawn, while weighing a man who want to have a child—using her cloning, and even a subspecies so that conscientiously the possible benefits of egg and his sperm and some other genetic they can use body parts. new lines of research for the entire materials to make up for flaws in one or the Where does it stop? The only way human family. other. And this bill would make this couple and that we can control this research I believe the Greenwood substitute is their doctor felons. That’s wrong. They only through the Federal Government is to the best among imperfect alternatives, want a healthy child of their own—but the make sure that these ethical and moral and I urge its adoption. values are adhered to. We have to stop Weldon bill would stop that. b 1645 Second, the Weldon bill makes criminal all it here. products that are derived from this research. Support the Weldon bill, oppose the Mr. SENSENBRENNER. Mr. Speak- this means that if an advance in research Greenwood bill. er, I yield 1 minute to the gentleman elsewhere leads to a new protein or enzyme Mr. DEUTSCH. Mr. Speaker, I yield 2 from Pennsylvania (Mr. PITTS). or chemical, that protein or enzyme or chem- minutes 15 seconds to the gentleman Mr. Pitts. Mr. Speaker, we need to ical cannot be brought into the country—even from North Carolina (Mr. PRICE). clarify something here. This issue is if it requires no creation of new fertilized eggs (Mr. PRICE of North Carolina asked not about what the other side called a and is the cure for dreaded diseases. That’s and was given permission to revise and group of cells or insoulment or a leap wrong. It is an over-reaction that does not extend his remarks.) of faith; it is about human life at its serve any useful end. Mr. PRICE of North Carolina. Mr. very beginning. I urge my colleagues to support the Green- Speaker, the Human Cloning Prohibi- This amendment is not a cloning ban. wood amendment. We should clearly define tion Act is a bill we should not be de- It has a 10-year moratorium in it; but, what we believe is wrongdoing, prohibit it, and bating with such brevity and haste. in fact, for the first time this amend- enforce that prohibition. The Greenwood Cloning is manifestly not the same ment would specifically make cloning amendment does that. issue as stem cell research, much less legal, and it would require that human But we should not shut down beneficial abortion, and 2-minute snippets fail to clones be killed after they are made, work—clinical trials, organ transplants, or ge- do justice to the complex issues in- which is even more unethical. netic cell replication—because of a risk of volved. Now, some have suggested that wrongdoing, and we should not ban some I am tempted to vote against both cloned embryos are not really embryos things by the accident of bad drafting. the bill and the substitute on the at all. That is ridiculous. We might as The Congress should not prohibit potentially grounds that neither has been suffi- well say that Dolly, who began as a life-saving research on genetic cell replication ciently refined or adequately debated. cloned sheep embryo, is not really a

VerDate 30-JUL-2001 06:21 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.056 pfrm02 PsN: H31PT1 H4936 CONGRESSIONAL RECORD — HOUSE July 31, 2001 sheep, even though now she is 5 years ‘‘The Commission began its discussions back to the beginning of their life by nuclear old. fully recognizing that any effort in humans transfer into an oocyte to produce a new em- Even President Clinton’s Bioethics to transfer a somatic cell nucleus into an bryo. From that new embryo, you would be Advisory Commission was clear. The enucleated egg involves the creation of an able to obtain relatively simple, undifferen- commission began its discussion fully embryo, with the apparent potential to be tiated cells, which would retain the ability implanted in utero and developed to term.’’ to colonize the tissues of the patient.’’ recognizing that any effort in humans The National Institutes of Health Human As documented in the American Medical to transfer somatic cell nucleus into an Embryo Research Panel also assumed in its News, February 23, 1998, University of Colo- enucleated egg, in other words, September 27, 1994 Final Report, that cloning rado human embryologist Jonathan Van cloning, involves the creation of an results in embryos. In listing research pro- Blerkom expressed disbelief that some deny embryo. Eighty-eight percent of the posals that ‘‘should not be funded for the that human cloning produces an embryo, American people want cloning banned, foreseeable future’’ because of ‘‘serious eth- commenting: ‘‘If it’s not an embryo, what is not merely because they believe it is ical concerns,’’ the NIH panel included it?’’ bad science, but because they think it cloning: ‘‘Such research includes: . . . Studies de- Mr. Speaker, I commend to the House the is morally wrong. signed to transplant embryonic or adult following article written by Mr. Douglas John- Let us stop playing games with nuclei into an enucleated egg, including nu- son of the National Right to Life Committee. words. Reject the Greenwood amend- clear cloning, in order to duplicate a genome THE AMAZING VANISHING EMBRYO TRICK ment. Support Weldon-Stupak. or to increase the number of embryos with It was revealed last week that Advanced Mr. Speaker, I include for the the same genotype, with transfer.’’ Cell Technology (ACT) of Worcester, Massa- RECORD a letter from the National A group of scientists, ethicists, and bio- chusetts, a prominent privately owned bio- Right to Life Committee, Inc., and a technology executives advocating ‘‘thera- technology firm, has a plan to mass-produce copy of a letter written by Mr. Douglas peutic cloning’’ and use of human embryos human embryos. The firm also has a plan to Johnson: for research—Arthur Caplan of the Univer- render those same embryos nonexistent. sity of Pennsylvania, Lee Silver of Princeton NATIONAL RIGHT TO LIFE ACT is attempting to develop a technique University, Ronald Green of Dartmouth Uni- COMMITTEE, INC., to produce ‘‘cloned human entities,’’ who versity, and Michael West, Robert Lanza, Washington, DC, July 30, 2001. would then be killed in order to harvest their and Jose Cibelli of Advanced Cell Tech- FEDERAL PANELS AND RESEARCHERS AGREE: stem cells, as first reported by Washington nology—confirmed in the December 27, 2000 Post science writer Rick Weiss (July 13). HUMAN CLONING CREATES HUMAN EMBRYOS issue of the Journal of the American Medical DEAR MEMBER OF CONGRESS: At a press As Associated Press biotechnology writer Association that a human embryo is created Paul Elias explained in a July 13 report, conference today, Congressman Greenwood and destroyed through ‘‘therapeutic and Congressman Deutsch asserted that the ‘‘Many scientists consider the [anticipated] cloning’’: results of Advanced Cell’s technique to be Greenwood-Deutsch substitute amendment ‘‘CRNT [cell replacement through nuclear human embryos, since theoretically, they to the Weldon-Stupak bill (H.R. 2505) would transfer, another term for ‘‘therapeutic could be implanted into a womb and grown allow ‘‘therapeutic cloning,’’ but they as- cloning’’] requires the deliberate creation into a fetus. [ACT chief executive Michael] serted that this process would not involve and disaggregation of a human embryo.’’ West himself has used the term ‘embryo.’’’ the creation of any human embryos. ‘‘. . . because therapeutic cloning requires But it looks like West and his colleagues This ‘‘argument,’’ if it can be called that, the creation and disaggregation ex utero of will not be saying ‘‘embryo’’ in the future. shows a breathtaking lack of candor. For blastocyst stage embryos, this technique ACT’s executives are smart people who an- years, federal bio-ethics review bodies have raises complex ethical questions.’’ acknowledged that the process of somatic On September 7, 2000, the European Par- ticipated that many outsiders would see cell nuclear transfer would indeed produce liament adopted a resolution on human their embryo-farm project as an ethnical human embryos. For example, President cloning. The Parliament’s press release de- nightmare. So ACT assembled a special task Clinton’s handpicked National Bioethics Ad- fined and commented on ‘‘therapeutic force of scientists and ‘‘ethicists’’ to develop visory Commission acknowledged in its 1997 cloning’’: linguistic stealth devices, with which they report Cloning Human Beings, ‘‘any effort in ‘‘... ‘Therapeutic cloning,’ which in- hope to slip under the public’s moral radar. humans to transfer a somatic cell nucleus volves the creation of human embryos purely As Weiss reported it, ‘‘Before starting, the into an enucleated egg involves the creation of for research purposes, poses an ethical di- company created an independent ethics an embryo, with the apparent potential to be lemma and crosses a boundary in research board with nationally recognized scientists implanted in utero and developed to term.’’ norms.’’ and ethicists.... The group has debated at [emphasis added] Lee M. Silver, professor of molecular biol- length whether there needs to be a new term Earlier this month, Michael West, the head ogy and evolutionary biology at Princeton developed for the embryo-like entity created of the major biotech firm Advanced Cell University, argues in his 1997 book, Remark- by cloning. Some believe that since it is not Technology (ACT) of Worcester, Massachu- ing Eden: Cloning and Beyond in a Brave produced by fertilization and is not going to setts, told journalists that the firm intends New World: be allowed to develop into a fetus, it would to start cloning ‘‘soon.’’ As recently as the ‘‘Yet there is nothing synthetic about the be useful to call the cells something less in- December 27, 2000 issue of the Journal of the cells used in cloning.... The newly created flammatory than an embryo.’’ American Medical Association, three mem- embryo can only develop inside the womb of ‘‘Embryo’’ is merely a technical term for a bers of the ACT team, including Dr. West, a woman in the same way that all embryos human being at the earliest stages of devel- along with bioethicist Ronald Green of Dart- and fetuses develop. Cloned children will be opment. Until now, even the most rabid de- mouth University and two other bioethicists, full-fledged human beings, indistinguishable fenders of abortion on demand had not ob- co-authored a major paper on human cloning in biological terms from all other members jected to the term ‘‘embryo’’ as being ‘’in- that freely acknowledged that the method of the species.’’ flammatory.’’ But apparently ACT’s experts creates human embryos. They wrote, ‘‘... The President and CEO of the bio- have concluded that before the corporation because therapeutic cloning requires the cre- technology firm that recently announced its actually begins to mass-produce human em- ation and disaggregation ex utero of blastocyst intentions to clone human embryos for re- bryos in order to kill them, it would be pru- stage embryos, this technique raises complex search purposes, Michael D. West, Ph.D. of dent to erect a shield of biobabble euphe- ethical questions,’’ [emphasis added] Advanced Cell Technology, testified before a misms. The attached factsheet includes numerous Senate Appropriations Subcommittee on De- Thus, ‘‘These are not embryos,’’ the chair such admissions from diverse researchers cember 2, 1998: of the ACT ethics advisory board, Dartmouth and public bodies. Thus, it is past time for ‘‘In this . . . procedure, body cells from a University religion professor Ronald Green, Mr. Greenwood and Mr. Deutsch to drop patient would be fused with an egg cell that told the AP. ‘‘They are not the result of fer- their disinformation campaign and engage in has had its nucleus (including the nuclear tilization and there is no intent to implant an honest debate over whether human em- DNA) removed. This would theoretically these in women and grow them.’’ bryo farms should be allowed in this coun- allow the production of a blastocyst-staged Further details on the ACT linguistic-engi- try. If you oppose the establishment of embryo genetically identical to the patient neering project were provided in an essay by human embryo farms, vote no on the Green- ....’’ Weiss in the July 15 Washington Post. It dis- wood-Deutsch substitute. Dr. Ian Wilmut of PPL Technologies, lead- closed that one member of the ethics panel, Sincerely, er of the team that cloned Dolly the sheep, Harvard professor Ann Kieffling, favors dub- DOUGLAS JOHNSON, describes in the Spring 1998 issue of Cam- bing the cloned embryo as an ‘‘ovasome,’’ Legislative Director. bridge Quarterly of Healthcare Ethics how which is a blending of words for ‘‘egg’’ and embryos are used in the process now referred ‘‘body.’’ But Michael West currently likes SCIENTISTS SAY ‘‘THERAPEUTIC CLONING’’ to as ‘‘therapeutic cloning’’: ‘‘nuclear transfer-derived blastocyst.’’ CREATES A HUMAN EMBRYO—JULY 26, 2001 ‘‘One potential use for this technique Green revealed his own favorite in the New President Clinton’s National Bioethics Ad- would be to take cells—skin cells, for exam- York Times for July 13. ‘‘I’m tending person- visory Commission, in its 1997 report Cloning ple—from a human patient who had a genetic ally to steer toward the term ‘activated Human Beings, explicitly stated: disease.... You take this and get them egg,’’’ he told reporter Sheryl Gay Stolberg.

VerDate 30-JUL-2001 06:21 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.138 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4937 In my mind’s eye, I imagine Green at ACT than the pristine wilderness of Alaska, Here is a quote from the gentle- corporate headquarters, somewhere in the or do they at least have a common woman from Connecticut, Mrs. JOHN- marketing department, stroking his beard claim to protection under law from ex- SON: ‘‘Lifting this ban would not allow and peering through a one-way window into ploitation and destruction? the creation of human embryos solely a room in which a scientifically selected focus group of non-bioethicist citizens have We ban the hunting of bald eagles. for research purposes.’’ been assembled to test-market ‘‘ovasome,’’ Communities ban open-air burning. We I have other quotes. Yet, that is ‘‘activated egg,’’ ‘‘nuclear transfer-derived have banned chlorofluorocarbons. We where we are today. We are having a blastocyst,’’ and other freshly minted euphe- ban PCBs. Congress voted to ban drill- debate on whether we should now cre- misms. ing in the Great Lakes. A ban on ate human embryos for research pur- But setting that image aside, Green’s human cloning is a transcendent issue poses. statement to the AP has me seriously con- which requires no less vigilance. We have had a lot of discussion about fused. He said that the anticipated cloned en- The question remains, are we ready whether or not these embryos are tities are ‘‘not embryos’’ because (1) ‘‘they are not the result of fertilization,’’ and (2) to stand up to the corporations, which alive, whether they have a soul. The bi- ‘‘there is no intent to implant these in have their eye on human embryos as ological fact is, and I say this as a sci- women.’’ the next natural resource to exploit? I entist and as a physician, that they are Let’s consider the ‘‘intent’’ criteria first. believe that we are up to this chal- indistinguishable from a human em- Green seems to suggest that a living and de- lenge. I know my colleagues believe bryo that has been created by sexual veloping embryonic being, who is genetically that government has to draw a line; fertilization. Indeed, if we look at all a member of the species homo sapiens, can that the unfettered marketplace has the prominent researchers in this area, somehow be transformed into something else neither morals nor responsibility nor they say that it has the full potential on the basis of the ‘‘intent’’ of those who conceived him or her. This seems more akin accountability when it comes to to develop into a human being. to magical thinking than to science. cloning of human embryos; and that at I think, and rightly so, the majority If ‘‘intent’’ is what determines the clone’s this moment, we have an opportunity of Americans, and we have seen the intrinsic nature, then what if a human clone for the future of this country and for numbers, they have been put up here is created by someone who actually does the destiny of our society to take a for everyone to see on display charts, have ‘‘intent’’ to implant him or her in a strong stand to protect human dignity about 86 percent of Americans say, We womb? In that case, would Green consider and human uniqueness by banning em- do not want to take that step. It is one that particular clone to be a ‘‘embryo’’ from bryonic human cloning. thing to talk about stem cell research the beginning? If so, an ACT scientist hypo- thetically could create two cloned individ- I say support the Weldon amend- using embryos that are slated for de- uals at the same time, with intent to destroy ment, the Weldon bill. struction. It is a whole separate issue one and intent to implant the other, but only Mr. SENSENBRENNER. Mr. Speak- to say, we are going to now sanction an the latter would be a ‘‘human embryo’’ in er, I yield 3 minutes to the gentleman industry that creates human embryos. Green’s eyes. from Florida (Mr. WELDON). Mr. DEUTSCH. Mr. Speaker, I yield 2 Or—since ‘‘intent’’ may be uncertain, or Mr. WELDON of Florida. Mr. Speak- minutes to the gentlewoman from Cali- could change—does the magical trans- er, I thank the chairman of the Com- fornia (Ms. ESHOO). formation into an ‘‘embryo’’ occur if and mittee for yielding time to me. I cer- Ms. ESHOO. Mr. Speaker, I thank the when the embryonic entity actually is im- tainly commend him on his command gentleman for yielding time to me. I planted in a womb? It seems, however, that Green may not re- of the issues. I think all those years on would like to thank the gentleman gard the clone to be a human embryo even the Committee on Science have served from Florida (Mr. DEUTSCH) and the after implantation in a womb, because the him well. gentleman from Pennsylvania (Mr. in-utero clone—although he or she would ap- This is a complicated issue; but to GREENWOOD) for the work they have pear to the layman to be an unborn human distill it down to its simplest essence, done on this amendment, which I rise child—would still bear the burden of not we have two choices before us: the un- in support of. being ‘‘the result of fertilization.’’ Perhaps derlying bill, introduced by my col- Let me say why, Mr. Speaker. For Green would prefer to refer to such an un- league, the gentleman from Michigan years, U.S. physicians, researchers, and born-baby-like entity as an ‘‘extrapolated activated egg.’’ (Mr. STUPAK), and I and others, which scientists have searched for cures to But what if that clone is actually carried bans the creation of human embryos, the diseases that have afflicted so to term and born? Would Green then con- either for the purpose of trying to many of our families and our friends, sider him or her to be a ‘‘human being’’? produce a child or for destructive re- and friends of our friends. These physi- Could be, but I fear that the professor’s logic search purposes; or the approach being cians, these scientists, and these re- might lead him to perceive a need for a new proposed under this substitute, which searchers in my view are the real, true term for any baby-like entities and grown- is to essentially sanction and register American heroes of our era. up-people-like entities who were not ‘‘the re- As we stand on the brink of finding sult of fertilization.’’ those people who want to create em- How about calling them ‘‘activites’’ (pro- bryos for research purposes, embryos the cures to diseases that have plagued nounced ‘‘AC-tiv-ites’’)? That would link that will ultimately be destroyed. so many, so many millions of Ameri- ‘‘activated egg’’ with ‘‘vita,’’ which is Latin I would challenge everyone on the cans, unfortunately, the Congress for ‘‘life,’’ and it even smuggles in the ACT critical question of does the slippery today in my view is on the brink of corporate acronym, I think I’m getting the slope exist. We had a debate in this prohibiting this critical research. hang of this. body several years ago on the issue of As we debate this bill, scientists in Green is a liberal-minded fellow, so I’ll bet funding embryonic stem cell research my congressional district in the heart he would allow such activated human-like entities to vote, obtain Ph.D.s, and maybe at the NIH. Many people rose to speak of Silicon Valley are using one method even be awarded tenure. But perhaps they in support of funding embryonic stem of research, therapeutic cloning, to would be required to sign their letters cell research. They said some inter- make critical breakthroughs that ‘‘Ph.D. (act.),’’ so that they would not be esting things. could lead to cures for Alzheimer’s, for confused with other tenured entities, such as Here is a quote from our colleague, Parkinson’s, even for spinal cord in- Professor Green, who are fully fertilized. the gentlewoman from California (Ms. jury. Without therapeutic cloning, Mr. SENSENBRENNER. Mr. Speak- PELOSI): ‘‘Let me say that I agree with there is no way to move stem cell er, I yield 2 minutes to the gentleman our colleagues who say that we should therapies from the lab to the doctor’s from Ohio (Mr. KUCINICH). not be involved in the creation of em- office. Stem cell research, as most Mr. KUCINICH. Mr. Speaker, I thank bryos for research. I completely agree Americans know, is not about destroy- the gentleman for yielding time to me. with my colleagues on that score.’’ ing lives, but about saving them. Mr. Speaker, Congress, I hope, will Here is another quote from the gen- My friends on the other side of this soon ban the drilling for oil in the tlewoman from New York (Mrs. issue keep talking about embryos, em- Alaska National Wildlife Refuge. In the LOWEY): ‘‘We can all be assured that bryos, embryos, embryos. Well, if one very same week, are we really ready to the research at the National Institutes is embryocentric, this is not the bill. license industry so it can proceed with of Health will be conducted with the Neither is the Stupak-Weldon approach the manufacture of cloned human em- highest level of integrity. No embryos about that. The only reason they used bryos? Do human embryos count less will be created for research purposes.’’ the word ‘‘embryos’’ is to try to do an

VerDate 30-JUL-2001 05:40 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.070 pfrm02 PsN: H31PT1 H4938 CONGRESSIONAL RECORD — HOUSE July 31, 2001 overlay to the debate. This is not about would have grave implications for future ad- Mr. SENSENBRENNER. Mr. Speak- embryos and embryos coming out of vances in medical research and human heal- er, I yield 2 minutes to the gentleman stem cells. There is not any such thing. ing. from New Jersey (Mr. SMITH). As such, we urge you to reject the ap- Mr. SMITH of New Jersey. Mr. The Weldon-Stupak bill goes in an- proach embodied in H.R. 2505, the ‘‘Human other direction. It actually places an Cloning Prohibition Act of 2001.’’ H.R. 2505 Speaker, I thank the gentleman for outright ban on this critical work, and would have a chilling effect on vital areas of yielding time to me. it makes the research that could cure research that could prove to be of enormous Let me note that I believe the gen- some of these diseases even illegal. public benefit. Instead, we urge you to adopt tleman from Pennsylvania (Mr. GREEN- Are we going to take these great the approach taken in H.R. 2608, the WOOD) has injected what I really be- American heroes, and in fact, Dr. ‘‘Cloning Prohibition Act of 2001,’’ intro- lieve to be a straw man argument when duced by Representatives Jim Greenwood (R- O’Connor from my district, and throw he suggests the issue of insoulment is Pa.) and Peter Deutsch (D-Fla.). This bill part of this debate. It is not relevant. him in jail? I think not. I think that is would permit potentially life-saving research going too far. It is unconscionable for to continue, but prohibit the use of somatic We are not talking about insoulment. us not to continue to be the merchants cell nuclear transfer ‘‘to initiate a pregnancy The real issue before us is the simple of hope in terms of the business that or with the intent to initiate a pregnancy.’’ but highly profound issue of whether or we are in. We agree with the American public that not it will be legally permissible to So I think we need to support the the cloning of human beings should not pro- create human life for research pur- ceed. However, it is important to recognize poses. GREENWOOD-DEUTSCH approach and the difference between reproductive cloning throw out the other. It is a march to Mr. Speaker, human cloning, if it is and the use of cloning technology that does not already here, it is certainly on the folly. not create a human being. Non-reproductive Mr. GREENWOOD. Mr. Speaker, I cloning technology has potentially impor- fast track. It is not a matter of if, it is yield 1 minute to the gentleman from tant applications in research, medicine and a matter of when. It seems to me we have to make sure that these newly California (Mr. HORN). industry, including genetically engineered Mr. HORN. Mr. Speaker, I thank the human cell cultures that would serve as created human beings are not created gentleman for yielding time to me. ‘‘therapeutic tissues’’ in the treatment of for the purpose of exploitation, abuse, currently intractable human diseases. These The letter here is from the Associa- and destructive experimentation. uses of somatic cell nuclear transfer tech- Human life, Mr. Speaker, can survive tion of American Medical Colleges, nology do not lead to a cloned human being. a few days, a few minutes, a few sec- more than 100 fine medical schools. According to the National Institutes of onds, a few weeks, a few months, a few They back the Deutsch-Greenwood bill Health, somatic cell nuclear transfer tech- years, perhaps to old age. We need to for the bipartisan effort that it has nology could provide an invaluable approach understand and understand the pro- made. by which to study how cells become special- found truth that life is a continuum. Let me just cite a few things: ‘‘As ized, which in turn could provide new understanding of the mechanisms that lead to the Earlier in the debate, the gentleman such, we want to urge Mr. GREENWOOD development of the abnormal cells respon- from Pennsylvania (Mr. GREENWOOD) to reject the approach embodied’’ in sible for cancers and certain birth defects. stated that the scientists would simply the other form here, and ‘‘we agree Improved understanding of cell specializa- stop the process, stop the process. with the American public that the tion may also provide answers to how cells Think about those words. What does cloning of human beings should not age or are regulated—leading to new insights that mean, stop the process? Stop that proceed.’’ into the treatment or cure of Alzheimer’s human life. That is what we are talk- According to the National Institutes and Parkinson’s diseases, or other incapaci- tating degenerative disease of the brain and ing about. of Health, somatic cell nuclear transfer Mr. Speaker, I remember the debate technology could provide an invaluable spinal cord. The technology might also help us understand how to activate certain genes we had some years back in 1996 when approach on which to study how cells to permit the creation of customized cells some of our colleagues stood up and become specialized. for transplantation or grafting. Such cells pounded the tables before them and I cited some of those earlier, with would be * * * could therefore be trans- said, and this is the gentlewoman from Alzheimer’s, Parkinson’s disease, brain planted into that donor without fear of im- California (Ms. PELOSI), ‘‘We should and spinal cord. But there are other mune rejection, the major biological barrier not be involved in the creation of em- types of specialized cells that could be to organ and tissue transplantation at this bryos for research. I completely agree created to create skin grafts for burn time. Other types of specialized cells could be with my colleagues on that score.’’ victims, bone marrow, stem cells to created to enable skin grafts for burn vic- I remember that debate. I was here, treat leukemia and other blood dis- tims; bone marrow stem cells to treat leu- as were some of my other colleagues. eases; nerve stem cells to treat many kemia and other blood diseases; nerve stem Everyone said they were against the of the diseases such as multiple scle- cells to threat neurodegenerative diseases creation of human embryos for human rosis and Lou Gehrig’s disease, Alz- such as multiple sclerosis, amyotrophic lat- research. heimer’s, Parkinson’s, and to repair eral sclerosis (Lou Gehrig’s disease), Alz- Today, Member after Member gets up spinal cord injury; muscle cell precur- heimer’s and Parkinson’s disease, and to re- and says, I am against human cloning. sors, to treat muscular dystrophy and pair spinal cord injuries; muscle cell precur- As I said before, just because we say we sors to treat muscular dystrophy and heart heart disease. disease; and cartilage-forming cells to recon- are does not mean that we really are. Mr. Speaker, the president, Jordan J. struct joints damaged by injury or arthritis. The only bill that stops human Cohen, of the Association of American Somatic cell nuclear transfer technology cloning is the Weldon-Stupak bill. I Medical Colleges, says, ‘‘We will never could also be used potentially to accomplish would respectfully say the bill that is see the fulfillment of any of these remarkable increases in the efficiency and offered by my friend and colleague promising areas if we choose to take efficacy of gene therapy by permitting the from Pennsylvania will do nothing of the perilous path of banning outright creation of pure populations of genetically the kind. It will perhaps stop some im- the use of somatic cell nuclear transfer ‘‘corrected’’ cells that could then be deliv- plantation but will not stop human ered back into the patient, again with no cloning. We must vote for the under- technology through legislation.’’ risk of immune rejection. Indeed, this tech- Mr. Speaker, I include for the nology could well lead to the lying bill. RECORD the letter from Dr. Cohen. operationalization of gene therapy as a prac- Mr. SMITH of New Jersey. Mr. Speaker, I The letter referred to is as follows: ticable and effective therapeutic modality— thank the gentleman for yielding time to me. Hon. JIM GREENWOOD, a goal which to date has proved elusive. Let me note that I believe the gentleman House of Representatives, Rayburn House Office We will never see the fulfillment of any of from Pennsylvania (Mr. GREENWOOD) has in- Building, Washington, DC. these promising areas if we choose to take jected what I really believe to be a straw man DEAR REPRESENTATIVE GREENWOOD: The the perilous path of banning outright the use argument when he suggests the issue of current opportunities in medical research of somatic cell nuclear transfer technology insoulment is part of this debate. It is not rel- are unparalleled in our nation’s history. To through legislation. Thus, the AAMC re- help ensure the fulfillment of thee opportu- spectfully urges the Congress to reject H.R. evant. We are not talking about insoulment. nities, the Association of American Medical 2505 and adopt H.R. 2608. We thank you for The real issue before us is the simple but Colleges urges Congress to oppose legislation your consideration of this vital issue. highly profound issue of whether or not it will that would prohibit the use of somatic cell Sincerely, be legally permissible to create human life for nuclear transfer. Such a blanket prohibition JORDAN J. COHEN, M.D. research purposes.

VerDate 30-JUL-2001 06:25 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JY7.140 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4939 Mr. Speaker, human cloning, if it is not al- to so many suffering with juvenile and support of this important base legisla- ready here, it is certainly on the fast track. It adult diabetes, Alzheimer’s, Parkin- tion. The administration strongly sup- is not a matter of if, it is a matter of when. It son’s, and other debilitating diseases ports a ban on human cloning. The seems to me we have to make sure that just that claim our loved ones every day. statement of the administration posi- because science possesses the capability to Some people will say this is not tion reads, and I quote, ‘‘The adminis- create cloned human beings that it not be per- about research; that there is a moral tration unequivocally is opposed to the mitted to carry out such plans, especially and ethical obligation to protect the cloning of human beings either for re- when the newly created humans would be sanctity of life, and I respect that. But production or for research. The moral used for the purpose of exploitation, abuse, the sanctity of life is helped, I think, and ethical issues posed by human and destructive experimentation. by allowing cutting edge research to cloning are profound and cannot be ig- Once created human life, Mr. Speaker, can move forward that will free diabetic nored in the quest for scientific dis- survive a few seconds, a few minutes, a few children of their hourly ritual of finger covery.’’ days, a few weeks, a few months, a few pricks, glucose testing, and insulin I commend my colleagues, the gen- years, perhaps many years to old age. We shots; that will allow those paralyzed tleman from Florida and the gen- need to understand the profound truth that life or suffering from spinal cord injuries to tleman from Michigan; and I hope my is a continuum. walk and resume their normal lives; colleagues will join me in supporting Earlier in the debate, the gentleman from and that will allow our seniors to ful- H.R. 250 and opposing the substitute. Pennsylvania (Mr. GREENWOOD) stated that re- fill their golden years without suf- Mr. DEUTSCH. Mr. Speaker, I yield 1 search scientists would simply ‘‘stop the proc- fering the effects of Alzheimer’s. minute to the gentleman from Ohio ess,’’ so the newly created human life couldn’t So I will cast my vote for Greenwood- (Mr. SAWYER). mature. Think about those words—stop the Deutsch, which does ban cloning, and Mr. SAWYER. Mr. Speaker, I thank process. What does that mean, stop the proc- urge my colleagues to do so as well. the gentleman for his work on this ess? It’s a euphemistic way of saying stop the Mr. SENSENBRENNER. Mr. Speak- measure. In fact, I thank all four pri- life process—kill it. er, I yield 2 minutes to the gentleman mary sponsors of the measures that are Mr. Speaker, finally I remember the debate from Florida (Mr. BILIRAKIS). before us today for their concern and we had in 1996 when some of our colleagues (Mr. BILIRAKIS asked and was given for the effective ban on cloning of who routinely vote against the wellbeing of un- permission to revise and extend his re- human beings. born children assured us that they would marks.) The central issue, it seems to me, never support creating human embryos for ex- Mr. BILIRAKIS. Mr. Speaker, I that is before us this afternoon was perimentation. One colleague, the gentle- thank the gentleman for yielding me brought home to me by a prayer for woman from California (Ms. PELOSI), said ‘‘We this time; and I rise in opposition to healing that I heard in a service a cou- should not be involved in the creation of em- the Greenwood substitute and for the ple of weeks ago. It goes like this. bryos for research. I completely agree with my base bill introduced by the gentleman ‘‘May the source of strength who colleagues on that score.’’ from Florida (Mr. WELDON) and the blessed the ones before us help us find Well, not anymore. Now the ever expend- gentleman from Michigan (Mr. STU- the courage to make our lives a bless- able human embryo is to be cloned and PAK). ing, and let us say amen.’’ abused for the benefit of mankind. And that The Committee on Commerce held It struck me that giving human vigorous opposition to embryo research by several hearings on cloning, including beings the potential of using one’s own colleagues like Mrs. PELOSI exists no more, one in the Subcommittee on Health, DNA, one’s own life itself to derive the Such a pity. which I chair. There is no doubt, as has cure for one’s own malady, without In like manner, members who say they op- already been stated so many times, fear of rejection, without risk of a pose human cloning and then vote for Green- that this is a difficult issue, and it in- fruitless national search for a match, is wood are either kidding themselves—or us— volves many new and complex con- the deepest benefit and most profound or both. cepts. However, we should all be clear blessing conceivable. We should not Reject Greenwood. about the controversies related to waste this deepest of gifts. human cloning. While this debate Help us find the courage to make our 1700 b claims to be about therapeutic cloning, lives, our life itself, a blessing. The SPEAKER pro tempore (Mr. which is used to refer to cloned human Mr. SENSENBRENNER. Mr. Speak- QUINN). The Chair would inform the cells not intended to result in a preg- er, I yield 2 minutes to the gentleman gentleman from Pennsylvania (Mr. nancy, there is a fine line between cre- from Florida (Mr. STEARNS). GREENWOOD) that he has 4 minutes re- ation and implantation. (Mr. STEARNS asked and was given maining, the gentleman from Wis- The Committee on Commerce heard permission to revise and extend his re- consin (Mr. SENSENBRENNER) has 10 testimony from the Geron Corporation. marks.) minutes remaining, and the gentleman They claim to be interested in thera- Mr. STEARNS. Mr. Speaker, during from Florida (Mr. DEUTSCH) has 63⁄4 peutic cloning and not implementing the Nuremberg war crime trials, the minutes remaining. implanting those embryos into a surro- Nuremberg Code was drafted as a set of Mr. DEUTSCH. Mr. Speaker, I yield gate mother. I think we all agree it standards for judging physicians and myself 5 seconds just to respond, both would be a disaster to allow the im- scientists who had conducted bio- bills absolutely, positively stop human plantation of cloned human embryos. medical experiments on concentration cloning, period. Yet, if we allow therapeutic cloning, camp prisoners. I bring this to my col- Mr. Speaker, I yield 1 minute to the how can we truly prevent illegal im- leagues’ attention because part of the gentleman from New York (Mr. ENGEL). plantation? We cannot. code, I think, is applicable to our de- Mr. ENGEL. Mr. Speaker, I thank Several years ago, the world mar- bate today. the gentleman from Florida for yield- veled at the creation of Dolly, the The code states that any experiment ing me this time. cloned sheep. What most people did not should yield results that are I agonized over this, researched it, realize was that it took some 270 ‘‘unprocurable by other methods or and know the heartfelt feelings on both cloning attempts before there was a means of study.’’ Because stem cells sides of the issue. I am unequivocally successful live birth. Many of the other can be obtained from other tissues and against human cloning, but I am for a attempts resulted in early and gro- fluids of adult subjects without harm, continuation of the research. And I rise tesque deaths. Imagine repeating that perhaps it is unnecessary to perform in support of the Greenwood-Deutsch scenario with human life. I am con- cell extraction from embryos that amendment because I am convinced fident that none of us want that. would result in their death. This would that that is the only way that research Human cloning rises to the most essen- be an argument, I think, that would can continue. tial question of who we are and what support the Weldon bill; and so I reluc- We are on the verge of lifesaving we might become if we open this Pan- tantly, because the gentleman from treatments and cures that affect our dora’s box. Pennsylvania (Mr. GREENWOOD) is mak- children and our parents, and to stifle Finally, I would like to applaud ing a very good and strong case, I op- this research now would be an injustice President Bush more for his strong pose his amendment.

VerDate 30-JUL-2001 06:25 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.144 pfrm02 PsN: H31PT1 H4940 CONGRESSIONAL RECORD — HOUSE July 31, 2001 In a recent editorial, Ann Coulter Almost exactly a year later, the Times ran of life. Life is precious, life is sacred, talked about the great demand on the a front-page story describing the results of life is not ours to arbitrarily decide House floor for solving all problems those experiments on Parkinson’s patients: who is to live and who is to die. using aborted fetuses. Remember that Not only was there no positive effect, but The ‘‘brave new world’’ should not be discussion? We have had that discus- about 15 percent of the patients had nightmarsh side effects. The unfortunate pa- born in America. Cloning is an insult sion here. And they claimed that we tients ‘‘writhe and twist, jerk their heads, to humanity. It is science gone crazy, had to have experiments on aborted fling their arms about.’’ In the words of one like a bad B-movie from the 1960s. And fetuses because they were crucial to scientist: ‘‘They chew constantly, their fin- as bad as human cloning is, it would potential cures for Parkinson’s disease. gers go up and down, their wrists flex and lead to even worse atrocities, such as Remember that? Well, The New York distend.’’ And the scientists couldn’t ‘‘turn it eugenics. Times ran a story about a year later off.’’ Congress needs to pass a complete about experiments where they actually Mr. DEUTSCH. Mr. Speaker, I yield 1 ban on human cloning, including what described the results of those experi- minute to the gentlewoman from Texas some people call therapeutic cloning. ments on Parkinson patients. Not only (Ms. JACKSON-LEE). Creating life with the intent to fiddle was there no positive effect, but about Ms. JACKSON-LEE of Texas. Mr. with it, then destroy it, is not good. We 15 percent of the patients had night- Speaker, I thank the gentleman for are going down a dangerous road of marish side effects. The unfortunate yielding me this time, and I rise to pos- human manipulation. patients writhed and twisted, jerked sibly restate what has been stated Mr. Speaker, I urge Members of the their heads, flung their arms around, throughout this debate. House to vote against the substitute and in the words of one scientist, Those of us who believe in the Green- amendment and for the Weldon-Stupak ‘‘They chew constantly, their fingers wood-Deutsch substitute are not pro- bill. Dolly the sheep should learn to fly go up and down, their wrists flex and posing or are not proponents of human before this Congress allows human distend,’’ and the scientists could not cloning. What we are proponents of are cloning. turn them off. the Bush administration’s NIH report Mr. DEUTSCH. Mr. Speaker, I yield 1 So I just bring that example that we entitled Stem Cells, done in June of minute to the gentlewoman from New have been on the floor talking about 2001, that acknowledges the importance York (Mrs. MALONEY). how much we need to take aborted of therapeutic cloning. Mrs. MALONEY of New York. Mr. fetuses and study them to bring about None of us want to ensure that Speaker, I rise in support of the Green- all these panaceas and cures which human beings come out of the labora- wood-Deutsch amendment that bans never came about. tory. In fact, I am very delighted to the cloning of humans. I am concerned Again, this debate comes down to one note that language in the legislation that the Weldon bill could negatively about life. A human embryo is life, and to that I am supporting, the Greenwood- impact future research and bring cur- quote Ann Coulter from an article that ap- Deutsch legislation, specifically says rent research that offers great promise peared in a local paper in my district ‘‘So what that it is unlawful to use or attempt to to a halt. great advance are we to expect from experi- use human somatic cell nuclear trans- I cannot support an all-out ban on mentation on human embryos? They don’t fer technology or the product of such this important technology. The Weldon know. It’s just a theory. But they definitely technology to initiate a pregnancy to bill would not allow therapeutic need to slaughter the unborn.’’ create a human being. But what we can cloning to go forward. A ban on all In other words cloning research creates do is save lives. cloning would have a dramatic impact life—then systematically slaughters that life in The people that have come into my the effort to find something of which we are on research using human pluripotent office, those suffering from Parkinson’s stem cells, and stem cell research real- unsure that exists. disease, Alzheimer’s, neurological pa- My colleagues, the Weldon bill does not op- ly holds the greatest promise for cures ralysis, diabetes, stroke, Lou Gehrig’s pose science and research, rather, it opposes for some of our most devastating dis- disease, and cancer, and all those who what Ms. Coulter termed as ‘‘harvest and eases. are desirous of having babies with in slaughter.’’ I urge you to ponder the con- The possibilities of therapeutic vitro fertilization, the Weldon bill sequences—oppose the substitute—and vote cloning should not be barred in the questions whether that science can for the Weldon bill. In doing so, you are pre- United States. This research is being continue. I believe it is important to venting the reduction of human life down to a conducted overseas in Great Britain simple process of planting and harvesting. support the substitute, and I would ask and other places. Do we want to be- Mr. Speaker, I provide the entire army colleagues to do so. come a society where our scientists ticle I referred to above for the Mr. SENSENBRENNER. Mr. Speak- have to move abroad to do their work? RECORD. er, I yield 3 minutes to the distin- This important bill allows important RESEARCH IS NEWEST ‘CURE-ALL’ CRAZE guished gentleman from Oklahoma groundbreaking, lifesaving research to I’ve nearly died waiting, but it can finally (Mr. WATTS), the chairman of the go forward. We should support it. It is be said: The feminists were right about one House Republican conference. in the tradition of our country to sup- thing. Some portion of pro-life men would be Mr. WATTS of Oklahoma. Mr. Speak- port research and not send our sci- pro-choice if they were capable of getting er, I thank the gentleman from Wis- entists abroad to conduct it. pregnant. They are the ones who think life consin for yielding me this time. Mr. Speaker, The Washington Post begins at conception unless Grandma has Mr. Speaker, there is no greater agrees, and I will place in the RECORD Alzheimer’s and scientists allege that stem- group of people who would benefit from an editorial of today against the cell research on human embryos might pos- human cloning more than Members of sibly yield a cure. Weldon amendment and in support of It’s either a life or it’s not a life, and it’s the House of Representatives. What a the Greenwood-Deutsch amendment. not much of an argument to say the embryo Congressman or Congresswoman would [From the Washington Post, July 31, 2001] is going to die anyway. What kind of prin- not give to have a clone sit in a com- CLONING OVERKILL ciple is that? Prisoners on death row are mittee hearing while the Member going to die anyway, the homeless are going meets with a visiting family from back In the rush that precedes August recess, the House of Representatives has found time to die anyway, prisoners in Nazi death camps home in the District, or the clone could were going to die anyway. Why not start to schedule a vote today on a bill to ban disemboweling prisoners for these elusive do a fund-raiser while the Congressman human cloning. Hardly anyone dissents from ‘‘cures’’? leads a town hall meeting back home. the proposition that cloning a human being The last great advance for human experi- But doing what is right does not al- is a bad idea; large ethical questions about mentation in this country was the federal ways mean doing what is easy. human identity aside, the state of cloning government’s acquiescence to the scientific Mr. Speaker, we ought to ban all technology in animals at present ensures community’s demands for money to experi- forms of human cloning, and that is that all but 3 percent to 5 percent are born ment on aborted fetuses. Denouncing the why I support the Weldon-Stupak bill with fatal or horrendously disabling defects. ‘‘Christian right’’ for opposing the needs of But the bill to ban all human cloning, pro- science, Anthony Lewis of the New York and oppose the Deutsch-Greenwood posed by Rep. David Weldon (R–Fla.), goes Times claimed the experiments were ‘‘cru- substitute amendment. This House well beyond any consensus society has yet cial to potential cures for Parkinson’s dis- should not be giving the green light to reached. It levies heavy criminal penalties ease.’’ mad scientists to tinker with the gift not only on the actual cloning of a human

VerDate 30-JUL-2001 06:03 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.148 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4941 baby, termed ‘‘reproductive’’ cloning, but opposed to any ban on therapeutic We all agree that we want to ban re- also on any scientific or medical use of the cloning. I just wanted to make the productive cloning, that it is not safe, underlying technique—which many support record clear because some quotes were it is not ethical to bring a child into as holding valuable potential for the treat- taken out of context about where some this world as a replica of someone else. ment of disease. The bill’s prohibitions go well beyond of us who had participated in that de- A child deserves to be the unique prod- those under debate for the separate though bate were on this subject. uct of a mother and father and should related research involving human embryonic It is true that embryonic stem cell not be created by cloning. We agree. It stem cells. At issue is not the withholding of research can go forward without thera- is unanimous. federal funding from research some find mor- peutic cloning. However, the ability of We all agree that stem cell research ally troubling; rather, the Weldon bill would patients to benefit from stem cell re- holds promise. The gentleman from criminalize the field of cloning entirely. search would be negatively impacted if Florida (Mr. WELDON) did not bring a Such a ban would have ripple effects across such a ban were enacted. bill to the floor to ban embryonic stem the cutting edge of medical research. A com- Once we learn how to make embry- cell research. He did not do that on plete cloning ban could block many possible purpose, because it would not fly with clinical applications of stem cell research, onic stem cells differentiate, for exam- and could curb even the usefulness of the ple, into brain tissue for people with the American people. The American adult stem cell research many conservatives Alzheimer’s or Parkinson’s disease, we people understand that stem cell reclaim to favor. (Without the ability to ‘‘re- must be sure that the body will not research holds enormous potential. I do program’’ an adult stem cell, which can be ject these stem cells when they are im- not think we have heard disagreement done by the cloning technique, adult stem planted. about that on the floor today. cells’ use may remain limited.) The bill bans We are empowering the body to clone The question seems to be, and it has the import from abroad of any materials itself, to heal itself. It is a very real been reiterated repeatedly, is it ethical ‘‘derived’’ from the cellular cloning tech- and should it be legal to create in a nique; that could block not only tissues but concern because transplanted organs or tissues are rejected when the body petri dish an embryo, or in a petri dish even medicines derived from such research in to allow the process of human cell divi- other countries. identifies them as foreign. We all know A competing bill likely to be offered as an that. sion to begin? amendment bans reproductive cloning but In a report on stem cell research re- Interestingly enough, that is not part creates a complex system for regulating so- leased by the National Institutes of of this bill either. The Weldon bill does called ‘‘therapeutic’’ cloning, registering and Health last month, the NIH describes not say one cannot create a embryo, licensing experimenters to make sure that therapeutic cloning’s potential to cre- that it should be illegal. Why is that? none would implant a cloned embryo into ate stem cell tissue with an Because the American people would the womb. A House committee split closely never stand for that because it would on the question of whether to ban thera- immunological profile that exactly matches the patient. This customized be the end of in vitro fertilization. peutic along with reproductive cloning, with We are not here to say we will never therapy would dramatically reduce the Republican supporters of the Weldon bill create an embryo. People have said it, voting down amendments that would have risk of rejection. but they did not mean it because no- carved out some room for stem cell thera- I am opposed to cloning of humans. body has brought to the floor a bill to pies. How many of us have said that today ban in vitro fertilization. There are too The prospect of human cloning is a cause over and over again? Many of my col- many Members of this body who have for real concern, but it is not an imminent leagues have already mentioned the danger. There is still time and good cause for benefited from it. discussion over whether some limited and chilling possibilities created by the So we say it is okay to create em- therapeutic use of cloned embryos is justi- idea of designer children with geneti- bryos because there are couples in this fied. The Weldon bill is a blunt instrument cally engineered traits. That is ridicu- country and around the world who have that rules out such possibilities. pre- lous. That is not what this debate is not been blessed with a child born of maturely, and in doing so, goes too far . Con- about. their relationship in the normal way. gress should wait. Both the Weldon-Stupak bill and the So they are able to avail themselves of Mr. SENSENBRENNER. Mr. Speak- Greenwood-Deutsch substitute agree this wonderful technology where we er, I have only one speaker remaining, on this point. The cloning of humans is can create their child for them, in vitro and since I have the right to close, I not the issue at hand. Therapeutic in a petri dish, implanted in the woman will reserve the balance of my time. cloning does not and cannot create a and out comes a beautiful child. So child. b 1715 many families in this country are now Mr. Speaker, the National Institutes blessed by beautiful children who are Mr. DEUTSCH. Mr. Speaker, I only of Health and Science hold the biblical now brought into the world in this have one speaker remaining. I would power of a cure for us. Where we see way. It started in a petri dish. What a inquire of the gentleman from Pennsyl- scientific opportunity and based on magnificent thing for mankind to do. vania how many speakers he has re- high ethical standards, I believe we Children get sick and when those maining. have a moral responsibility to have the same children find themselves stalked Mr. GREENWOOD. Mr. Speaker, I science proceed, again under the high- with a disease that fills them with have 4 minutes which I will use in my est ethical standards. pain, that wracks their bodies, that closing. I urge my colleagues to support the tortures their parents with the predict- Mr. DEUTSCH. Mr. Speaker, I yield Greenwood-Deutsch substitute because ability that they will watch their chil- 2–3⁄4 minutes to the gentlewoman from it prohibits human cloning, but main- dren slowly suffer and die. These same California (Ms. PELOSI). tains the opportunity for patients to children whose lives had begun in petri Ms. PELOSI. Mr. Speaker, I rise in benefit from therapeutic cloning that dishes, who were created by in vitro support of the Greenwood-Deutsch sub- could lead to cures for Parkinson’s dis- fertilization, get sick. stitute and commend them for bringing ease, cancer, spinal cord injuries and Now the question is, would we stop this alternative to the floor. diabetes. I urge my colleagues to sup- the research in petri dishes in labora- During the debate on stem cell report the substitute. tories that would save their lives, these search 5 years ago, I made it clear that Mr. GREENWOOD. Mr. Speaker, I same children, that would end their opponents of stem cell research who yield myself the balance of my time. suffering, that would bring miracle claim that it requires the creation of Mr. Speaker, the House of Represent- cures to them and bless their families embryos were mistaken, and I agreed atives has debated this issue for nearly with the continued miracle of their with them that Federal funds should 3 hours today. It has been a good de- own children? That is what the gen- not be used for that purpose. Today we bate. Again, as has been said, it is im- tleman from Florida (Mr. WELDON) and debating a much broader ban on thera- pressive how many Members have be- his supporters would have us do today. peutic cloning. come knowledgeable about this sub- Over and over again it has been said, The context is much different. We ject. It is time to summarize that de- I am not against stem cell research. I have learned a great deal about the bate. Let us think about where it is we think a majority of Members of this promise of stem cell research and gene agree and where it is we fundamentally House are not opposed to stem cell re- therapy over the past 5 years, and I am disagree. search. They have told me that. I have

VerDate 30-JUL-2001 06:03 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.072 pfrm02 PsN: H31PT1 H4942 CONGRESSIONAL RECORD — HOUSE July 31, 2001 talked to pretty strong pro-lifers who human cloning without prohibiting the ability to systems of therapy recipients reject the trans- say, I am going to vote, if I have to, for conduct valuable medical research. ferred tissue. Using cloning technology to cre- stem cell research. What they do not Although H.R. 2505 bans reproductive ate stem cells could circumvent this problem. understand is that stem cell research, cloning, it goes too far by banning necessary Newly cloned nerve cells, for example, could whether it is done with embryonic therapeutic research which could grant new be used to treat patients with neural degen- stem cells or adult stem cells, needs so- hope to patients who have been told there is eration without concern for rejection because matic nuclear cell transfer research to no cure for their illnesses. We all agree that the cells would be genetically identical to make it work. reproductive cloning, cloning to produce a those already in the brain. What do Members think is done with pregnancy, should be prohibited. But, in pro- Opponents of this technology repeatedly a stem cell from an embryo? It needs to hibiting reproductive cloning, we must not ex- claim that any therapies involving cloning are be made into the kind of cell that cures clude valuable research cloning that could merely hypothetical. In this they are absolutely these children, and somatic nuclear lead to significant medical advances. correct. These treatments are hypothetical transfer technology is needed to do it; The Greenwood/Deutsch Substitute Amend- today, but therapies for Parkinson’s, Alz- and if Members kill this substitute, ment narrows the prohibition and focuses on heimer’s, and a myriad of other diseases will they kill that hope. Please do not do actions which would result in a cloned child by only remain so if this research is banned, as that. limiting the prohibition to cloning to initiate or it is in H.R. 2505, the underlying bill. Mr. SENSENBRENNER. Mr. Speak- the intent to initiate a pregnancy. This would In addition to preventing this promising reer, I yield myself the balance of my ensure that the cloning of humans is prohib- search, the underlying bill would prohibit the time. ited, while the use of cloning for medical pur- importation of the products of clonal research, Mr. Speaker, after 3 hours of debate, poses is preserved. The substitute also pro- Such a ban would force the scientific commu- I am glad that the gentleman from tects state laws on human cloning that have nity to turn its back on therapies developed Pennsylvania (Mr. GREENWOOD) has fi- been enacted prior to the passage of this leg- abroad. It would deny the American people nally cleared up one of the principal islation. promising new therapies available elsewhere items we have been debating. He said The Greenwood/Deutsch Substitute includes for which there may be no alternate treatment. the gentleman from Florida (Mr. a registration provision for performing a At some point in our lives, most of us will be WELDON) did not bring a bill to the human somatic cell nuclear transfer, so that touched in some way by Parkinson’s Disease, floor to ban stem cell research. the Secretary of Health and Human Services He is right. The Weldon bill does not Alzheimer’s Disease, spinal cord injury, Juve- is able to monitor the use of the technology ban stem cell research. It does not ban nile Diabetes, and other maladies for which and enforce the prohibition against reproduc- it on adult stem cells, it does not ban this technology holds promise. How can we tive cloning. it on embryonic stem cells, it bans it stand in the way of scientific research that has In addition, this substitute would contain a on cloned stem cells. the potential to cure these afflictions? I urge This bill is a cloning bill. The sub- sunset provision as recommended by the Na- my colleagues to join me in support of the stitute amendment is not. It will allow tional Bioethics Advisory Commission. Accord- Greenwood-Deutsch substitute, and against the creation of cloned embryos to be ing to their report, this provision is essential the underlying bill. regulated and sold, and once a cloned because it guarantees that Congress will re- Mr. SENSENBRENNER. Mr. Speak- embryo is implanted into the uterus of turn to this issue and reconsider it in light of er, I yield back the balance of my time. a woman and develops into a child, new scientific advancements. The SPEAKER pro tempore (Mr. there really is not anything anybody Finally, the Greenwood/Deutsch substitute QUINN). Pursuant to House Resolution can do about it. So the Weldon sub- includes a study by the Institute of Medicine to 214, the previous question is ordered on stitute has a loophole a mile wide to review, evaluate, and assess the current state the bill, as amended, and on the allow the creation of cloned human of knowledge regarding therapeutic cloning. amendment in the nature of a sub- beings because they cannot keep track Join me in supporting this logical approach stitute offered by the gentleman from of the cloned embryos that the Weldon to cloning technology. This substitute takes a Pennsylvania (Mr. GREENWOOD). bill attempts to regulate. That is the narrower approach by simply prohibiting the The question is on the amendment in fatal flaw of the Greenwood substitute. use or attempted use of DNA transfer tech- the nature of a substitute offered by We heard quotes from three of our nology with intent to initiate a pregnancy. the gentleman from Pennsylvania (Mr. colleagues 5 years ago when we were Adopting the Greenwood/Deutsch alternative GREENWOOD). debating a Labor-Health and Human preserves the scientific use of the embryonic The question was taken; and the Services bill. I have those quotes in stem cells and at the same time prevents the Speaker pro tempore announced that front of me. The gentlewoman from unsafe practice of human cloning. the noes appeared to have it. California (Ms. PELOSI) said, ‘‘I agree Mr. STARK. Mr. Speaker, I rise in support of Mr. GREENWOOD. Mr. Speaker, I ob- with our colleagues who say we should H.R. 2608, the Greenwood-Deutsch Cloning ject to the vote on the ground that a not be involved in the creation of em- Prohibition Act of 2001, and in opposition to quorum is not present and make the bryos for research.’’ H.R. 2505. point of order that a quorum is not The gentlewoman from New York Cloning technology has been the subject of present. (Mrs. LOWEY) said, ‘‘No embryos will be heated debate since 1997, when news of the The SPEAKER pro tempore. Evi- created for research purposes.’’ successful cloning of Dolly the sheep rocked dently a quorum is not present. And the gentlewoman from Con- the scientific community. The resulting ethical The Sergeant at Arms will notify ab- necticut (Mrs. JOHNSON) said, ‘‘Lifting discussions have raised many important ques- sent Members. this ban would not allow for the cre- tions of scientific development. Perhaps the The vote was taken by electronic de- ation of human embryos solely for re- most important discussions have centered on vice, and there were—yeas 178, nays search purposes.’’ the lengths to which science can and should 249, not voting 6, as follows: go in the future. What remained true through- They were right 5 years ago. We [Roll No. 302] should not be using cloned human em- out the debate, however, is that the vast ma- YEAS—178 bryos for research purposes. I ask jority of the American public vehemently op- Members to vote with them the way poses the creation of cloned human beings. Ackerman Boehlert Condit Allen Bono Conyers they voted 5 years ago and to adhere to The Greenwood-Deutsch bill respects that Andrews Boswell Coyne that position, because if we do allow feeling to the utmost. Baca Boucher Crowley cloned human embryos to be used for H.R. 2608 would criminalize reproductive Baird Boyd Cummings cloning of human beings while simultaneously Baldacci Brady (PA) Davis (CA) research purposes, some of them will Baldwin Brown (FL) Davis (FL) eventually become human beings. protecting the rights of scientists to perform Barrett Brown (OH) Davis (IL) Mr. Speaker, the way to stop the somatic cell nuclear transfer. Somatic cell nu- Bass Capps DeGette slippery slope, going down this road clear transfer is a technology that holds great Becerra Capuano DeLauro Bentsen Cardin Deutsch into the ethical and moral abyss, is to promise for medicine by permitting the cre- Berkley Carson (IN) Dicks reject the loophole-filled Greenwood ation of stem cells that are genetically identical Berman Castle Dingell substitute and pass the Weldon bill. to the donor. This is valuable because many Biggert Clay Doggett Mr. CONYERS. Mr. Speaker, finally we of the potential medical therapies involving Blagojevich Clayton Dooley Blumenauer Clyburn Engel have a reasonable approach to prohibiting stem cells could be stymied when the immune

VerDate 30-JUL-2001 06:03 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.155 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4943 Eshoo Larsen (WA) Reyes Oberstar Ros-Lehtinen Sweeney Ms. LOFGREN. Mr. Speaker, I yield Etheridge Larson (CT) Rivers Ortiz Roukema Tancredo myself such time as I may consume. Evans Leach Rodriguez Osborne Royce Tanner Farr Lee Ross Otter Ryan (WI) Tauzin Mr. Speaker, as we close the debate Fattah Levin Rothman Oxley Ryun (KS) Taylor (MS) on this research issue, there were sev- Filner Lewis (GA) Roybal-Allard Pascrell Sanders Taylor (NC) eral Members of the House in opposi- Ford Lofgren Rush Paul Saxton Terry tion to the Greenwood amendment who Frank Lowey Sabo Pence Scarborough Thornberry Frost Luther Sanchez Peterson (MN) Schaffer Thune said that we dare not allow for the pos- Gephardt Maloney (CT) Sandlin Peterson (PA) Schrock Tiahrt sibility of research, there was a slip- Gilchrest Maloney (NY) Sawyer Petri Sensenbrenner Tiberi pery slope; that if we allowed research Gilman Markey Schakowsky Phelps Sessions Toomey to occur, inevitably there would be Gonzalez Matsui Schiff Pickering Shadegg Traficant Granger McCarthy (MO) Scott Pitts Shaw Turner those who would then go ahead and Green (TX) McCollum Serrano Platts Sherwood Upton clone a human being, which all of us Greenwood McDermott Shays Pombo Shimkus Vitter oppose. Gutierrez McGovern Sherman Pomeroy Shows Walden I think that that is a fallacious argu- Harman McKinney Simmons Portman Shuster Walsh Hilliard Meehan Slaughter Putnam Simpson Wamp ment. It is a defective argument, be- Hinchey Meek (FL) Smith (WA) Quinn Skeen Watkins (OK) cause what that argument says is peo- Hinojosa Meeks (NY) Snyder Radanovich Skelton Watts (OK) ple will violate the law. Well, if that is Hoeffel Menendez Solis Rahall Smith (MI) Weldon (FL) why we cannot stand up for research Holt Millender- Spratt Regula Smith (NJ) Weldon (PA) Honda McDonald Strickland Rehberg Smith (TX) Weller today, if the worry is that if we allow Hooley Miller (FL) Tauscher Reynolds Souder Whitfield for research, that some will violate the Horn Miller, George Thomas Riley Stearns Wicker law that we passed prohibiting the Houghton Moore Thompson (CA) Roemer Stenholm Wolf Hoyer Moran (VA) Thompson (MS) Rogers (KY) Stump Wu cloning of human beings, then we Inslee Morella Thurman Rogers (MI) Stupak Young (AK) would have to go and prohibit the sell- Israel Nadler Tierney Rohrabacher Sununu Young (FL) ing of petri dishes and other scientific Jackson (IL) Napolitano Towns equipment. Jackson-Lee Neal Udall (CO) NOT VOTING—6 (TX) Obey Udall (NM) Hastings (FL) Jones (OH) Spence No, that is a defective argument. The Johnson (CT) Olver Velazquez Hutchinson Lipinski Stark real issue is whether or not the House Johnson, E. B. Ose Visclosky of Representatives intends to allow 1749 Kelly Owens Waters b stem cell research, the somatic cell nu- Kennedy (RI) Pallone Watson (CA) Mr. SKEEN and Mr. ABERCROMBIE Kilpatrick Pastor Watt (NC) clear transfer technology. Kind (WI) Payne Waxman changed their vote from ‘‘yea’’ to We received in the Committee on the Kirk Pelosi Weiner ‘‘nay.’’ Judiciary a letter from a person who is Kleczka Price (NC) Wexler Messrs. FORD, REYES, THOMAS, the Director of the Ethics Institute, Kolbe Pryce (OH) Wilson and ROSS changed their vote from Lampson Ramstad Woolsey the Chair of the Department of Reli- Lantos Rangel Wynn ‘‘nay’’ to ‘‘yea.’’ gion at Dartmouth College. This person So the amendment in the nature of a was the founding director of the Office NAYS—249 substitute was rejected. of Genome Ethics at the NIH National Abercrombie DeLay Isakson The result of the vote was announced Human Genome Research Institute, a Aderholt DeMint Issa as above recorded. past president of the Society of Chris- Akin Diaz-Balart Istook The SPEAKER pro tempore (Mr. Armey Doolittle Jefferson tian Ethics, the largest association of Bachus Doyle Jenkins QUINN). The question is on engrossment religious ethicists. Baker Dreier John and third reading of the bill. This is what he told us: ‘‘I wish to Ballenger Duncan Johnson (IL) The bill was ordered to be engrossed draw your attention to the devastating Barcia Dunn Johnson, Sam and read a third time, and was read the Barr Edwards Jones (NC) implications for medical science of Bartlett Ehlers Kanjorski third time. H.R. 2505. As written, the bill would Barton Ehrlich Kaptur MOTION TO RECOMMIT OFFERED BY MS. LOFGREN prohibit several research directions of Bereuter Emerson Keller Ms. LOFGREN. Mr. Speaker, I offer a possibly great medical benefit. Nuclear Berry English Kennedy (MN) Bilirakis Everett Kerns motion to recommit. transfer for cell replacement would Bishop Ferguson Kildee The SPEAKER pro tempore. Is the permit us to produce immunologically Blunt Flake King (NY) gentlewoman opposed to the bill? compatible cell lines for tissue repair. Boehner Fletcher Kingston Ms. LOFGREN. I am, Mr. Speaker, in There is no intention on the part of Bonilla Foley Knollenberg Bonior Forbes Kucinich its present form. those researching this technology to Borski Fossella LaFalce The SPEAKER pro tempore. The clone a person. Using this technology, Brady (TX) Frelinghuysen LaHood Clerk will report the motion to recom- a child suffering from diabetes could Brown (SC) Gallegly Langevin mit. Bryant Ganske Largent receive a replacement set of insulin Burr Gekas Latham The Clerk read as follows: producing cells. These would not be re- Burton Gibbons LaTourette Ms. LOFGREN moves to recommit the bill, jected by the child because they would Buyer Gillmor Lewis (CA) H.R. 2505, to the Committee on the Judiciary be produced via a nuclear transfer pro- Callahan Goode Lewis (KY) with instructions to report the same back to cedure from the child’s own body cells. Calvert Goodlatte Linder the House forthwith with the following Camp Gordon LoBiondo amendment: Page 4, after line 10, insert the Neither would the implantation of Cannon Goss Lucas (KY) following subsection: these cells require the use of dangerous Cantor Graham Lucas (OK) immuno-suppression drugs. Using this Capito Graves Manzullo ‘‘(e) EXEMPTION FOR MEDICAL TREAT- Carson (OK) Green (WI) Mascara MENTS.—Nothing in this section shall pro- same technology, paralyzed individuals Chabot Grucci Matheson hibit the use of human somatic cell nuclear might receive a graft of nervous sys- Chambliss Gutknecht McCarthy (NY) transfer in connection with the development tem cells that would restore spinal Clement Hall (OH) McCrery or application of treatments designed to ad- Coble Hall (TX) McHugh cord function. Burn victims could re- dress Parkinson’s disease, Alzheimer’s dis- ceive their own skin tissue back for Collins Hansen McInnis ease, diabetes, cancer, heart disease, spinal Combest Hart McIntyre cord injury, multiple sclerosis, severe burns, wound healing, and so on.’’ Cooksey Hastings (WA) McKeon Dr. Green goes on to say, ‘‘As pres- Costello Hayes McNulty or other diseases, disorders, or conditions, Cox Hayworth Mica provided that the product of such use is not ently drafted, H.R. 2505 will shut down Cramer Hefley Miller, Gary utilized to initiate a pregnancy and is not in- this research in this country. This Crane Herger Mink tended to be utilized to initiate a pregnancy. would represent an unparalleled loss to Crenshaw Hill Mollohan Nothing in this subsection shall exempt any biomedical research, and for no good Cubin Hilleary Moran (KS) product from any applicable regulatory ap- Culberson Hobson Murtha reason. H.R. 2505, if it is passed in its Cunningham Hoekstra Myrick proval. present form, the United States will Davis, Jo Ann Holden Nethercutt The SPEAKER pro tempore. Pursu- turn its back on thousands or millions Davis, Tom Hostettler Ney ant to the rule, the gentlewoman from of sufferers of severe diseases. It will Deal Hulshof Northup DeFazio Hunter Norwood California (Ms. LOFGREN) is recognized become a research backwater in one of Delahunt Hyde Nussle for 5 minutes in support of her motion. science’s most promising areas.’’

VerDate 30-JUL-2001 06:35 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.062 pfrm02 PsN: H31PT1 H4944 CONGRESSIONAL RECORD — HOUSE July 31, 2001 He goes on to ask that we amend the bryos into a woman’s uterus, a rel- [Roll No. 303] bill, and that is what this motion to re- atively easy procedure, would take AYES—175 commit would do. It would allow for an place out of sight. At that point, gov- Abercrombie Gilman Morella exemption from the bill for medical ernmental attempts to enforce a repro- Ackerman Gonzalez Nadler treatments. ductive cloning ban would prove impos- Allen Green (TX) Napolitano Andrews Greenwood Neal The NIH has been discussed a lot to sible to police or regulate. Baca Gutierrez Obey today, and they produced a primer on Creating cloned human children nec- Baird Harman Olver stem cell research in May of last year. essarily begins by producing cloned Baldacci Hilliard Ose Baldwin Hinchey Owens They point out on page 4 of their prim- human embryos. If we want to prevent Barrett Hinojosa Pallone er that the transplant of healthy heart the latter, we should prevent the Bass Hoeffel Pastor muscle could provide new hope for pa- former. Becerra Holt Payne tients with chronic heart disease whose Bentsen Honda Pelosi The gentlewoman from California Berkley Hooley Price (NC) hearts can no longer pump adequately. (Ms. LOFGREN) says that cloned em- Berman Horn Ramstad The hope is to develop heart muscles bryos are necessary to prevent rejec- Blagojevich Houghton Rangel Blumenauer Hoyer Reyes from human pluripotent stem cells. tion during transplantation for dis- The problem is, while this research Boehlert Inslee Rivers eases. That is not what the testimony Bono Israel Rodriguez shows extraordinary promise, there is before the Committee on the Judiciary Boswell Jackson (IL) Ross much to be done before we can realize says. Dr. Leon Kass, professor of bio- Boucher Jackson-Lee Rothman these innovations. First, we must do Boyd (TX) Roybal-Allard ethics at the University of Chicago, Brady (PA) Jefferson Rush basic research, says the NIH, to under- said that the clone is not an exact copy Brown (FL) Johnson (CT) Sabo stand the cellular events that lead to of the nucleus donor, and that its anti- Brown (OH) Johnson, E. B. Sanchez Capps Kelly Sandlin cell specialization in humans. But, sec- gens, therefore, would provoke an im- ond, before we can use these cells for Capuano Kennedy (RI) Sawyer mune reaction when transplanted and Cardin Kilpatrick Schakowsky transplantation, we must overcome the there still would be the problem of Carson (IN) Kind (WI) Schiff well-known problem of immune rejec- immunological rejection that cloning Castle Kleczka Scott tion, because human pluripotent stem Clay Kolbe Serrano is said to be indispensable for solving. Clayton Lampson Shaw cells would be genetically no different So the very argument in her amend- Clyburn Lantos Shays than the recipient. Future research ment was refuted by Professor Kass’s Condit Larson (CT) Sherman Conyers Leach Simmons needs to focus on this, and the use of testimony. somatic cell nuclear transfer is the Coyne Lee Slaughter Mr. Speaker, H.R. 2505, by banning Crowley Levin Smith (WA) way to overcome this tissue incompati- human cloning at any stage of develop- Cummings Lewis (GA) Snyder bility. Davis (CA) Lofgren Solis ment, provides the most effective pro- Some have talked about their reli- Davis (FL) Lowey Spratt tection from the dangers of abuse in- Davis (IL) Luther Strickland gious beliefs today, and that is fine. We herent in this rapidly developing field. DeFazio Maloney (CT) Tanner all have religious beliefs. But I ask By preventing the cloning of human DeGette Maloney (NY) Tauscher Members to look at this chart. We have DeLauro Markey Thompson (CA) embryos, there can be no possibility of a cell that is fused, they become Deutsch Matsui Thompson (MS) cloning a human being. Dicks McCarthy (MO) Thurman totipotent cells, a blastocyst, and then Dingell McCarthy (NY) Tierney a handful of cells, undifferentiated, no The bill specifically states that noth- Doggett McCollum Towns organs, no nerves, a handful of cells ing shall restrict areas of scientific re- Dooley McDermott Udall (CO) that is put in a petri dish and becomes search not specifically prohibited by Engel McGovern Udall (NM) this bill, including research in the use Eshoo Meehan Velazquez cultured to pluripotent stem cells. Etheridge Meek (FL) Visclosky of nuclear transfer or other cloning Evans Meeks (NY) Waters b 1800 techniques to produce molecules, DNA, Farr Menendez Watson (CA) Now, some have asked me to consider cells other than human embryos, tis- Fattah Millender- Watt (NC) Filner McDonald Waxman that this clump of cells in the petri sues, organs, plants or animals, other Ford Miller (FL) Weiner dish deserves more respect than human than humans. Frank Miller, George Wexler beings needing the therapy that will be Mr. Speaker, this bill is a cloning Frost Moore Woolsey Gephardt Moran (VA) Wynn derived from those cultured cells. bill; it is not a stem cell research bill. My father is 82 years old. He suffers The scientific research is already pre- NOES—251 from heart disease and pulmonary dis- served by H.R. 2505, which is the only Aderholt Clement Forbes order. He lived through the Depression, real proposal before us that will pre- Akin Coble Fossella he volunteered for World War II. Do Armey Collins Frelinghuysen vent human cloning. Bachus Combest Gallegly not ask me to put a clump of cells Oppose the motion to recommit; pass Baker Cooksey Ganske ahead of my dad’s health. the bill. Ballenger Costello Gekas Mr. SENSENBRENNER. Mr. Speak- Barcia Cox Gibbons Mr. Speaker, I yield back the balance Barr Cramer Gilchrest er, I rise in opposition to the motion to of my time, and I move the previous Bartlett Crane Gillmor recommit. question on the motion to recommit. Barton Crenshaw Goode Mr. Speaker, the motion to recommit Bereuter Cubin Goodlatte allows for the production of cloned em- The previous question was ordered. Berry Culberson Gordon The SPEAKER pro tempore (Mr. Biggert Cunningham Goss bryos for the development of treat- Bilirakis Davis, Jo Ann Graham ments designed to address a number of QUINN). The question is on the motion Bishop Davis, Tom Granger diseases. We just voted this down. This to recommit. Blunt Deal Graves Boehner Delahunt Green (WI) is a reworded Greenwood substitute The question was taken; and the Bonilla DeLay Grucci amendment. Speaker pro tempore announced that Bonior DeMint Gutknecht The motion to recommit would allow the noes appeared to have it. Borski Diaz-Balart Hall (OH) the practice of creating human em- Brady (TX) Doolittle Hall (TX) RECORDED VOTE Brown (SC) Doyle Hansen bryos solely for the purpose of destroy- Ms. LOFGREN. Mr. Speaker, I de- Bryant Dreier Hart ing them for experimentation. This ap- Burr Duncan Hastings (WA) mand a recorded vote. proach to prohibit human cloning Burton Dunn Hayes A recorded vote was ordered. Buyer Edwards Hayworth would be ineffective and unenforceable. Callahan Ehlers Hefley Once cloned embryos were produced The SPEAKER pro tempore. Pursu- Calvert Ehrlich Herger and available in laboratories, it would ant to clause 9 of rule XX, the Chair Camp Emerson Hill be virtually impossible to control what will reduce to 5 minutes the time for Cannon English Hilleary an electronic vote on final passage. Cantor Everett Hobson is done with them. Stockpiles of cloned Capito Ferguson Hoekstra embryos would be produced, bought The vote was taken by electronic de- Carson (OK) Flake Holden and sold without anyone knowing vice, and there were—ayes 175, noes 251, Chabot Fletcher Hostettler about it. Implantation of cloned em- not voting 7, as follows: Chambliss Foley Hulshof

VerDate 30-JUL-2001 06:35 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.162 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4945 Hunter Myrick Shadegg [Roll No. 304] Thornberry Walden Wicker Hyde Nethercutt Sherwood Thune Walsh Wilson Isakson Ney Shimkus AYES—265 Tiahrt Wamp Wolf Issa Northup Shows Abercrombie Gibbons Moran (KS) Tiberi Watkins (OK) Wu Istook Norwood Shuster Aderholt Gillmor Murtha Toomey Watts (OK) Wynn Jenkins Nussle Simpson Akin Goode Myrick Traficant Weldon (FL) Young (AK) John Oberstar Skeen Armey Goodlatte Nethercutt Turner Weldon (PA) Young (FL) Johnson (IL) Ortiz Skelton Bachus Gordon Ney Upton Weller Johnson, Sam Osborne Smith (MI) Baker Goss Northup Vitter Whitfield Jones (NC) Otter Smith (NJ) Ballenger Graham Norwood NOES—162 Kanjorski Oxley Smith (TX) Barcia Granger Nussle Kaptur Pascrell Souder Barr Graves Oberstar Ackerman Gilchrest Moran (VA) Keller Paul Stearns Bartlett Green (TX) Ortiz Allen Gilman Morella Kennedy (MN) Pence Stenholm Barton Green (WI) Osborne Andrews Gonzalez Nadler Kerns Peterson (MN) Stump Bereuter Grucci Otter Baca Greenwood Napolitano Kildee Peterson (PA) Stupak Berry Gutknecht Oxley Baird Gutierrez Neal King (NY) Petri Sununu Bilirakis Hall (OH) Pascrell Baldacci Harman Obey Kingston Phelps Sweeney Bishop Hall (TX) Pence Baldwin Hilliard Olver Kirk Pickering Tancredo Blunt Hansen Peterson (MN) Barrett Hinchey Ose Knollenberg Pitts Tauzin Boehner Hart Peterson (PA) Bass Hinojosa Owens Kucinich Platts Taylor (MS) Bonilla Hastings (WA) Petri Becerra Hoeffel Pallone LaFalce Pombo Taylor (NC) Bonior Hayes Phelps Bentsen Holt Pastor LaHood Pomeroy Terry Bono Hayworth Pickering Berkley Honda Paul Langevin Portman Thomas Borski Hefley Pitts Berman Hooley Payne Largent Pryce (OH) Thornberry Boyd Herger Platts Biggert Horn Pelosi Larsen (WA) Putnam Thune Brady (TX) Hill Pombo Blagojevich Houghton Price (NC) Latham Quinn Tiahrt Brown (SC) Hilleary Pomeroy Blumenauer Hoyer Pryce (OH) LaTourette Radanovich Tiberi Bryant Hobson Portman Boehlert Inslee Ramstad Lewis (CA) Rahall Toomey Burr Hoekstra Putnam Boswell Jackson (IL) Rangel Lewis (KY) Regula Traficant Burton Holden Quinn Boucher Jackson-Lee Rivers Linder Rehberg Turner Buyer Hostettler Radanovich Brady (PA) (TX) Rodriguez LoBiondo Reynolds Upton Callahan Hulshof Rahall Brown (FL) Johnson (CT) Rothman Lucas (KY) Riley Vitter Calvert Hunter Regula Brown (OH) Johnson, E. B. Roybal-Allard Lucas (OK) Roemer Walden Camp Hyde Rehberg Capps Kaptur Rush Manzullo Rogers (KY) Walsh Cannon Isakson Reyes Capuano Kennedy (RI) Sabo Mascara Rogers (MI) Wamp Cantor Israel Reynolds Cardin Kilpatrick Sanchez Matheson Rohrabacher Watkins (OK) Capito Issa Riley Carson (IN) Kind (WI) Sandlin McCrery Ros-Lehtinen Watts (OK) Carson (OK) Istook Roemer Castle Kleczka Sawyer McHugh Roukema Weldon (FL) Chabot Jefferson Rogers (KY) Clay Lampson Schakowsky McInnis Royce Weldon (PA) Chambliss Jenkins Rogers (MI) Clayton Lantos Schiff McIntyre Ryan (WI) Weller Clement John Rohrabacher Condit Larson (CT) Scott McKeon Ryun (KS) Whitfield Clyburn Johnson (IL) Ros-Lehtinen Conyers Leach Serrano McNulty Sanders Wicker Coble Johnson, Sam Ross Coyne Lee Shays Mica Saxton Wilson Collins Jones (NC) Roukema Crowley Levin Sherman Miller, Gary Scarborough Wolf Combest Kanjorski Royce Cummings Lewis (GA) Simmons Mink Schaffer Wu Cooksey Keller Ryan (WI) Davis (CA) Lofgren Slaughter Mollohan Schrock Young (AK) Costello Kelly Ryun (KS) Davis (IL) Lowey Smith (WA) Moran (KS) Sensenbrenner Young (FL) Cox Kennedy (MN) Sanders DeFazio Luther Snyder Murtha Sessions Cramer Kerns Saxton DeGette Maloney (CT) Solis NOT VOTING—7 Crane Kildee Scarborough Delahunt Maloney (NY) Tauscher Crenshaw King (NY) Schaffer DeLauro Markey Thompson (CA) Hastings (FL) Lipinski Stark Cubin Kingston Schrock Deutsch Matsui Thurman Hutchinson McKinney Culberson Kirk Sensenbrenner Dicks McCarthy (MO) Tierney Jones (OH) Spence Cunningham Knollenberg Sessions Dingell McCollum Towns b 1821 Davis (FL) Kolbe Shadegg Doggett McDermott Udall (CO) Davis, Jo Ann Kucinich Shaw Dooley McGovern Udall (NM) Mrs. MEEK of Florida, Mr. ROTH- Davis, Tom LaFalce Sherwood Engel McKinney Velazquez MAN and Mr. ABERCROMBIE changed Deal LaHood Shimkus Eshoo Meehan Visclosky DeLay Langevin Shows Etheridge Meek (FL) Waters their vote from ‘‘no’’ to ‘‘aye.’’ DeMint Largent Shuster Evans Meeks (NY) Watson (CA) So the motion to recommit was re- Diaz-Balart Larsen (WA) Simpson Farr Menendez Watt (NC) jected. Doolittle Latham Skeen Fattah Millender- Waxman The result of the vote was announced Doyle LaTourette Skelton Filner McDonald Weiner as above recorded. Dreier Lewis (CA) Smith (MI) Frank Miller (FL) Wexler Duncan Lewis (KY) Smith (NJ) Frost Miller, George Woolsey The SPEAKER pro tempore (Mr. Dunn Linder Smith (TX) Gephardt Moore QUINN). The question is on the passage Edwards LoBiondo Souder of the bill. Ehlers Lucas (KY) Spratt NOT VOTING—6 The question was taken; and the Ehrlich Lucas (OK) Stearns Hastings (FL) Jones (OH) Spence Speaker pro tempore announced that Emerson Manzullo Stenholm Hutchinson Lipinski Stark English Mascara Strickland the ayes appeared to have it. Everett Matheson Stump RECORDED VOTE Ferguson McCarthy (NY) Stupak b 1830 Mr. SENSENBRENNER. Mr. Speak- Flake McCrery Sununu Fletcher McHugh Sweeney Mrs. CLAYTON changed her vote er, I demand a recorded vote. Foley McInnis Tancredo from ‘‘aye’’ to ‘‘no.’’ A recorded vote was ordered. Forbes McIntyre Tanner The SPEAKER pro tempore. This Ford McKeon Tauzin So the bill was passed. will be a 5-minute vote. Fossella McNulty Taylor (MS) The result of the vote was announced The vote was taken by electronic de- Frelinghuysen Mica Taylor (NC) as above recorded. Gallegly Miller, Gary Terry vice, and there were—ayes 265, noes 162, Ganske Mink Thomas A motion to reconsider was laid on not voting 6, as follows: Gekas Mollohan Thompson (MS) the table.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

LEAVE OF ABSENCE Mr. HASTINGS of Florida (at the re- Mrs. JONES of Ohio (at the request of By unanimous consent, leave of ab- quest of Mr. GEPHARDT) for today on Mr. GEPHARDT) for today on account of sence was granted to: account of personal business. official business.

VerDate 30-JUL-2001 06:35 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.065 pfrm02 PsN: H31PT1 H4946 CONGRESSIONAL RECORD — HOUSE July 31, 2001 SPECIAL ORDERS GRANTED 3196. A letter from the Deputy Secretary, reports of Federal Pension Plans Required by Department of Defense, transmitting a letter Public Law 95–595 for the plan year January By unanimous consent, permission to on the approved retirement of Lieutenant 1, 2000, through December 31, 2000, pursuant address the House, following the legis- General John M. McDuffie, United States to 31 U.S.C. 9503(a)(1)(B); to the Committee lative program and any special orders Army, and his advancement to the grade of on Government Reform. heretofore entered, was granted to: lieutenant general on the retired list; to the 3208. A letter from the Vice Chairman, (The following Members (at the re- Committee on Armed Services. Board of Directors, Amtrak, transmitting the semiannual report on the activities of quest of Mr. MCNULTY) to revise and 3197. A letter from the Deputy Secretary, the Office of Inspector General for the period extend their remarks and include ex- Department of Defense, transmitting a report on the Reserve Forces Policy Board for ending March 31, 2001, pursuant to 5 U.S.C. traneous material:) FY 2000; to the Committee on Armed Serv- app. (Insp. Gen. Act) section 5(b); to the Mr. BROWN of Ohio, for 5 minutes, ices. Committee on Government Reform. today. 3198. A letter from the Secretary of the 3209. A letter from the Office of Head- Mr. FALEOMAVAEGA, for 5 minutes, Navy, Department of Defense, transmitting quarters and Executive Personnel Services, today. notification of the decision to convert to Department of Energy, transmitting a report pursuant to the Federal Vacancies Reform Mr. LANGEVIN, for 5 minutes, today. contractor performance by the private sector the Administrative/Management Support Act of 1998; to the Committee on Govern- Mr. DAVIS of Illinois, for 5 minutes, ment Reform. today. function at Naval Air Systems Command, Naval Air Warfare Center Aircraft Divison 3210. A letter from the General Counsel, (The following Members (at the re- (NAWCAD) at Lakehurst, Ocean County, Department of Housing and Urban Develop- quest of Mr. DUNCAN) to revise and ex- New Jersey; to the Committee on Armed ment, transmitting a report pursuant to the tend their remarks and include extra- Services. Federal Vacancies Reform Act of 1998; to the neous material:) 3199. A letter from the Assistant Secretary Committee on Government Reform. for Legislative Affairs, Department of the 3211. A letter from the Attorney/Advisor, Mr. HAYWORTH, for 5 minutes, August Department of Transportation, transmitting 1. Treasury, transmitting a report on the progress made in providing International De- a report pursuant to the Federal Vacancies Mr. SMITH of Michigan, for 5 minutes, Reform Act of 1998; to the Committee on velopment Association grant assistance to Government Reform. today. Heavily Indebted Poor Countries; to the Mr. JONES of North Carolina, for 5 3212. A letter from the Auditor, District of Committee on Financial Services. Columbia, transmitting a report entitled, minutes, today. 3200. A letter from the Principal Deputy ‘‘Certification Review of the Sufficiency of Associate Administrator, Environmental Mr. BOEHLERT, for 5 minutes, today. the Washington Convention Center Protection Agency, transmitting the Agen- Mr. DUNCAN, for 5 minutes, today. Authority’s Projected Revenues and Excess cy’s final rule—Finding of Attainment for Reserve to Meet Projected Operating and f PM–10; Oakridge, Oregon, PM–10 Nonattain- Debt Service Expenditures and Reserve Re- ADJOURNMENT ment Area [Docket OR–01–005a; FRL–7018–6] quirements for Fiscal Year 2002’’; to the received July 24, 2001, pursuant to 5 U.S.C. Mr. HASTINGS of Washington. Mr. Committee on Government Reform. 801(a)(1)(A); to the Committee on Energy and 3213. A letter from the Chairman, Federal Speaker, I move that the House do now Commerce. Election Commission, transmitting a copy of adjourn. 3201. A letter from the Principal Deputy the annual report in compliance with the The motion was agreed to; accord- Associate Administrator, Environmental Government in the Sunshine Act during the ingly (at 1 o’clock and 23 minutes Protection Agency, transmitting the Agen- calendar year 2000, pursuant to 5 U.S.C. cy’s final rule—Finding of Attainment for 552b(j); to the Committee on Government Re- a.m.), consistent with the fourth clause PM–10; Lakeview, Oregon, PM–10 Nonattain- in section 5 of article I of the Constitu- form. ment Area [Docket OR–01–004a; FRL–7018–5] 3214. A letter from the Acting Director, Re- tion, and therefore notwithstanding received July 24, 2001, pursuant to 5 U.S.C. tirement and Insurance Service, Office of section 132 of the Legislative Reorga- 801(a)(1)(A); to the Committee on Energy and Personnel Management, transmitting the Of- nization Act of 1946, as amended, the Commerce. fice’s final rule—Law Enforcement Officer House stands adjourned until 10 a.m. on 3202. A letter from the Principal Deputy and Firefighter Retirement (RIN: 3206–AJ39) August 1, 2001. Associate Administrator, Environmental received July 25, 2001, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Govern- f cy’s final rule—Preliminary Assessment In- ment Reform. formation Reporting; Addition of Certain EXECUTIVE COMMUNICATIONS, 3215. A letter from the Executive Secretary Chemicals [OPPTS–82056; FRL–6783–6] (RIN: and Chief of Staff, U.S. Agency for Inter- ETC. 2070–AB08) received July 24, 2001, pursuant to national Development, transmitting a report Under clause 8 of rule XII, executive 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to the Federal Vacancies Reform communications were taken from the Energy and Commerce. Act of 1998; to the Committee on Govern- Speaker’s table and referred as follows: 3203. A letter from the Director, Office of ment Reform. Congressional Affairs, Nuclear Regulatory 3216. A letter from the Acting Director, Of- 3193. A letter from the Secretary, Depart- Commission, transmitting the Commission’s fice of Surface Mining, Department of the In- ment of Agriculture, transmitting a draft of final rule—Handbook on Nuclear Material terior, transmitting the Department’s final proposed legislation, ‘‘To authorize the Sec- Event Reporting in the Agreement States— rule—Navajo Abandoned Mine Land Rec- retary of Agriculture to prescribe, adjust, received July 25, 2001, pursuant to 5 U.S.C. lamation Plan [NA–004–FOR] received July and collect fees to cover the costs incurred 801(a)(1)(A); to the Committee on Energy and 26, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to by the Secretary for activities related to the Commerce. the Committee on Resources. review and maintenance of licenses and reg- 3204. A letter from the Director, Defense 3217. A letter from the Regulations Spe- istrations under the Animal Welfare Act’’; to Security Cooperation Agency, transmitting cialist, Bureau of Indian Affairs, Department the Committee on Agriculture. notification of Proposed Issuance of Letter of the Interior, transmitting the Depart- 3194. A letter from the Principal Deputy of Offer and Acceptance (LOA) to Egypt for ment’s final rule—Attorney Contracts with Associate Administrator, Environmental defense articles and services (Transmittal Indian Tribes (RIN: 1076–AE18) received July Protection Agency, transmitting the Agen- No. 01–09), pursuant to 22 U.S.C. 2776(b); to 24, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule—Diazinon, Parathion, O, O- the Committee on International Relations. the Committee on Resources. Diethyl S-[2-(ethylthio)ethyl] phosphoro- 3205. A letter from the Director, Defense 3218. A letter from the Regulations Spe- dithioate (Disulfoton), Ethoprop, and Security Cooperation Agency, transmitting cialist, Bureau of Indian Affairs, Department Carbaryl; Tolerance Revocations [OPP– notification concerning the Department of of the Interior, transmitting the Depart- 301142; FRL–6787–8] (RIN: 2070–AB78) received the Army’s Proposed Letter(s) of Offer and ment’s final rule—Encumbrances of Tribal July 24, 2001, pursuant to 5 U.S.C. Acceptance (LOA) to Egypt for defense arti- Land—Contract Approvals (RIN: 1076–AE00) 801(a)(1)(A); to the Committee on Agri- cles and services (Transmittal No. 01–09), received July 24, 2001, pursuant to 5 U.S.C. culture. pursuant to 22 U.S.C. 2776(b); to the Com- 801(a)(1)(A); to the Committee on Resources. 3195. A letter from the Principal Deputy mittee on International Relations. 3219. A letter from the Chief, Division of Associate Administrator, Environmental 3206. A letter from the Acting Director, De- Endangered Species, Office of Protected Re- Protection Agency, transmitting the Agen- fense Security Cooperation Agency, trans- sources, National Oceanic and Atmospheric cy’s final rule— Lysophosphatidyl- mitting the Department of the Air Force’s Administration, transmitting the Adminis- ethanolamine (LPE); Temporary Exemption proposed lease of defense articles to the Gov- tration’s final rule—Sea Turtle Conserva- From the Requirement of a Tolerance [OPP– ernment of Australia (Transmittal No. 09– tion; Shrimp Trawling Requirements [Dock- 301145; FRL–6788–6] (RIN: 2070–AB78) received 01), pursuant to 22 U.S.C. 2796a(a); to the et No. 010409084–1084–01; I.D. 030601A] (RIN: July 24, 2001, pursuant to 5 U.S.C. Committee on International Relations. 0648–AP16) received July 24, 2001, pursuant to 801(a)(1)(A); to the Committee on Agri- 3207. A letter from the Employee Benefits 5 U.S.C. 801(a)(1)(A); to the Committee on culture. Manager, AgFirst, transmitting the annual Resources.

VerDate 30-JUL-2001 06:35 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JY7.240 pfrm02 PsN: H31PT1 July 31, 2001 CONGRESSIONAL RECORD — HOUSE H4947 3220. A letter from the Chief, Division of 2120–AA64) received July 26, 2001, pursuant to 3237. A letter from the Program Analyst, Endangered Species, Office of Protected Re- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- sources, National Oceanic and Atmospheric Transportation and Infrastructure. mitting the Department’s final rule—Air- Administration, transmitting the Adminis- 3229. A letter from the Program Analyst, worthiness Directives; Boeing Model 747–400 tration’s final rule—Sea Turtle Conserva- FAA, Department of Transportation, trans- Series Airplanes Modified by Supplemental tion; Restrictions Applicable to Shrimp mitting the Department’s final rule—Air- Type Certificate SA8843SW [Docket No. 2000– Trawl Activities; Leatherback Conservation worthiness Directives; Airbus Model A310 Se- NM–245–AD; Amendment 39–12326; AD 2001– Zone [Docket No. 000519147–0147–01; I.D. ries Airplanes and Airbus Model A300 B4–600, 14–15] (RIN: 2120–AA64) received July 26, 2001, 051800C] (RIN: 0648–AO22) received July 24, B4–600R, and F4–600R (Collectively Called pursuant 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 A300–600) Series Airplanes [Docket No. 2001– mittee on Transportation and Infrastruc- Committee on Resources. NM–04–AD; Amendment 39–12306; AD 2001–13– ture. 3221. A letter from the Chief, Division of 24] (RIN: 2120–AA64) received July 26, 2001, 3238. A letter from the Program Analyst, Endangered Species, Office of Protected Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- sources, National Oceanic and Atmospheric mittee on Transportation and Infrastruc- mitting the Department’s final rule—Air- Administration, transmitting the Adminis- ture. worthiness Directives; Boeing Model 737–300, tration’s final rule—Sea Turtle Conserva- 3230. A letter from the Program Analyst, -400, and -500 Series Airplanes [Docket No. tion; Limitations on Incidental Takings Dur- FAA, Department of Transportation, trans- 2000–NM–39–AD; Amendment 39–12316; AD ing Fishing Activities [Docket No. 010308058– mitting the Department’s final rule—Air- 2001–14–06] (RIN: 2120–AA64) received July 26, 1058–01; I.D. 030701A] (RIN: 0648–AP14) re- worthiness Directives; Airbus Model A300 B2 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived July 24, 2001, pursuant to 5 U.S.C. and B4 Series Airplanes [Docket No. 2001– Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Resources. NM–214–AD; Amendment 39–12328; AD 2001– structure. 3222. A letter from the Chief, Division of 14–17] (RIN: 2120–AA64) received July 26, 2001, 3239. A letter from the Program Analyst, Endangered Species, Office of Protected Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- sources, National Oceanic and Atmospheric mittee on Transportation and Infrastruc- mitting the Department’s final rule—Air- Administration, transmitting the Adminis- ture. worthiness Directives; Boeing Model 747 Se- tration’s final rule—Sea Turtle Conserva- 3231. A letter from the Program Analyst, ries Airplanes [Docket No. 2000–NM–251–AD; tion; Restrictions Applicable to Fishing and FAA, Department of Transportation, trans- Amendment 39–12318; AD 2001–14–07] (RIN: Scientific Research Activities [Docket No. mitting the Department’s final rule—Air- 2120–AA64) received July 26, 2001, pursuant to 010607150–1150–01; I.D. 091200F] (RIN: 0648– worthiness Directives; McDonnell Douglas 5 U.S.C. 801(a)(1)(A); to the Committee on AN64) received July 24, 2001, pursuant to 5 Model DC–10 Series Airplanes, Model MD–10 Transportation and Infrastructure. 3240. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Re- Series Airplanes, and Model MD–11 Series Airplanes [Docket No. 2000–NM–269–AD; FAA, Department of Transportation, trans- sources. 3223. A letter from the Chief, Division of Amendment 39–12319; AD 2001–14–08] (RIN: mitting the Department’s final rule—Air- Endangered Species, Office of Protected Re- 2120–AA64) received July 26, 2001, pursuant to worthiness Directives; Boeing Model 757–200 sources, National Oceanic and Atmospheric 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes Modified by Supplemental Administration, transmitting the Adminis- Transportation and Infrastructure. Type Certificate SA1727GL [Docket No. 2000– 3232. A letter from the Program Analyst, tration’s final rule—Sea Turtle Conserva- NM–228–AD; Amendment 39–12311; AD 2001– FAA, Department of Transportation, trans- 14–01] (RIN: 2120–AA64) received July 26, 2001, tion; Restrictions to Fishing Activities mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 010618158–1158–01; I.D. 061301B] worthiness Directives; McDonnell Douglas mittee on Transportation and Infrastruc- (RIN: 0648–AP34) received July 24, 2001, pur- Model DC–10–30 Series Airplanes Modified by ture. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Supplemental Type Certificate ST00054SE 3241. A letter from the Program Analyst, mittee on Resources. [Docket No. 2000–NM–231–AD; Amendment FAA, Department of Transportation, trans- 3224. A letter from the Chief, Division of 39–12313; AD 2001–13–03] (RIN: 2120–AA64) re- mitting the Department’s final rule—Air- Endangered Species, Office of Protected Re- ceived July 26, 2001, pursuant to 5 U.S.C. worthiness Directives; Boeing Model 737–600, sources, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Transpor- -700, -700C, and -800 Series Airplanes [Docket Administration, transmitting the Adminis- tation and Infrastructure. No. 2001–NM–188–AD; Amendment 39–12315; tration’s final rule—Sea Turtle Conserva- 3233. A letter from the Program Analyst, AD 2001–14–05] (RIN: 2120–AA64) received July tion; Restrictions to Fishing Activities FAA, Department of Transportation, trans- 26, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No. 000511138–0138–01; I.D. 051100B] mitting the Department’s final rule—Air- the Committee on Transportation and Infra- (RIN: 0648–AO19) received July 24, 2001, pur- worthiness Directives; Bombardier Model structure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- DHC–8–200 and -300 Series Airplanes [Docket 3242. A letter from the Program Analyst, mittee on Resources. No. 2001–NM–25–AD; Amendment 39–12307; AD FAA, Department of Transportation, trans- 3225. A letter from the Chief, Division of 2001–13–25] (RIN: 2120–AA64) received July 26, mitting the Department’s final rule—Air- Endangered Species, Office of Protected Re- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; Boeing Model 737–200, sources, National Oceanic and Atmospheric Committee on Transportation and Infra- -200C, -300, and -400 Series Airplanes [Docket Administration, transmitting the Adminis- structure. No. 2000–NM–205–AD; Amendment 39–12317; tration’s final rule—Sea Turtle Conserva- 3234. A letter from the Program Analyst, AD 2000–06–13 R1] (RIN: 2120–AA64) received tion; Restrictions to Fishing Activities FAA, Department of Transportation, trans- July 26, 2001, pursuant to 5 U.S.C. [Docket No. 010507114–1114–01; I.D. 040401B] mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- (RIN: 0648–AP20) received July 24, 2001, pur- worthiness Directives; Bombardier Model tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- DHC–8–102, -103, and -301 Series Airplanes 3243. A letter from the General Counsel, mittee on Resources. [Docket No. 2000–NM–328–AD; Amendment Department of Defense, transmitting the De- 3226. A letter from the Chief, Division of 39–12303; AD 2001–13–21] (RIN: 2120–AA64) re- partment’s enclosed legislation relating to Endangered Species, Office of Protected Re- ceived July 26, 2001, pursuant to 5 U.S.C. income and transportation taxes on military sources, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Transpor- and civilian personnel; to the Committee on Administration, transmitting the Adminis- tation and Infrastructure. Ways and Means. tration’s final rule—Sea Turtle Conserva- 3235. A letter from the Program Analyst, 3244. A letter from the Chief, Regulations tion; Shrimp Trawling Requirements [Dock- FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting et No. 000822243–0243–01; I.D. 082100D] (RIN: mitting the Department’s final rule—Air- the Service’s final rule—Rules for Certain 0648–AO43) received July 25, 2001, pursuant to worthiness Directives; Boeing Model 767–200 Reserves [Rev. Rul. 2001–38] received July 26, 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes Modified by Supplemental 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Resources. Type Certificate ST09022AC-D [Docket No. Committee on Ways and Means. 3227. A letter from the Program Analyst, 2000–NM–243–AD; Amendment 39–12324; AD f FAA, Department of Transportation, trans- 2001–14–13] (RIN: 2120–AA64) received July 26, mitting the Department’s final rule—Air- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the REPORTS OF COMMITTEES ON worthiness Directives; Boeing Model 737–700 Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS and -800 Series Airplanes [Docket No. 2000– structure. Under clause 2 of rule XIII, reports of NM–403–AD; Amendment 39–12305; AD 2001– 3236. A letter from the Program Analyst, 13–23] (RIN: 2120–AA64) received July 26, 2001, FAA, Department of Transportation, trans- committees were delivered to the Clerk pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- for printing and reference to the proper mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 747SP calendar, as follows: ture. Series Airplanes Modified by Supplemental Mr. THOMAS: Committee on Ways and 3228. A letter from the Program Analyst, Type Certificate ST09097AC-D [Docket No. Means. H.R. 2603. A bill to implement the FAA, Department of Transportation, trans- 2000–NM–244–AD; Amendment 39–12325; AD agreement establishing a United States-Jor- mitting the Department’s final rule—Air- 2001–14–14] (RIN: 2120–AA64) received July 26, dan free trade area; with an amendment worthiness Directives; Cessna Model 560XL 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rept. 107–176 Pt. 1). Referred to the Com- Airplanes [Docket No. 2001–NM–146–AD; Committee on Transportation and Infra- mittee of the Whole House on the State of Amendment 39–12320; AD 2001–14–09] (RIN: structure. the Union.

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Mr. BOEHLERT: Committee on Science. By Mr. ANDREWS: Mr. GREENWOOD, Mr. MCGOVERN, Mr. H.R. 2460. A bill to authorize appropriations H.R. 2680. A bill to authorize the grant pro- SMITH of New Jersey, Ms. HART, Mr. for environmental research and develop- gram for elimination of the nationwide back- WELDON of Pennsylvania, Mr. GREEN ment, scientific and energy research, devel- log in analyses of DNA samples at the level of Wisconsin, Mr. GORDON, Mr. KING, opment, and demonstration, and commercial necessary to completely eliminate the back- Mr. BORSKI, Mr. HOLDEN, Ms. application of energy technology programs, log and obtain a DNA sample from every per- DELAURO, Mr. CHABOT, Mr. HOEFFEL, projects, and activities of the Department of son convicted of a qualifying offense; to the Mrs. NAPOLITANO, Mr. PALLONE, Mr. Energy and of the Office of Air and Radi- Committee on the Judiciary. KIND, Mr. WYNN, Mr. TRAFICANT, Mrs. ation of the Environmental Protection Agen- By Mr. ANDREWS: THURMAN, Mr. WEXLER, Mr. CLEMENT, cy, and for other purposes; with an amend- H.R. 2681. A bill to amend the Davis-Bacon Mr. POMEROY, Mrs. MEEK of Florida, ment (Rept. 107–177). Referred to the Com- Act to provide that a contractor under that Mr. BALDACCI, Mr. MANZULLO, Ms. mittee of the Whole House on the State of Act who has repeated violations of the Act ROYBAL-ALLARD, Mr. MASCARA, Ms. the Union. shall have its contract with the United WOOLSEY, Mr. ACKERMAN, Mr. ISRAEL, [Filed on Aug. 1 (legislative day, July 31), 2001] States canceled and to require the disclosure Mr. ROTHMAN, Mr. BERMAN, Mr. under freedom of information provisions of WEINER, Mr. LEWIS of Georgia, Ms. Mr. HASTINGS of Washington: Committee Federal law of certain payroll information SLAUGHTER, Ms. BERKLEY, Mr. MCIN- on Rules. House Resolution 216. Resolution under contracts subject to the Davis-Bacon TYRE, Mr. CRAMER, Mr. SHOWS, Mr. providing for consideration of the bill (H.R. Act; to the Committee on Education and the MORAN of Virginia, Mr. RUSH, Mr. 4) to enhance energy conservation, research Workforce, and in addition to the Committee CARSON of Oklahoma, Mr. PETERSON and development and to provide for security on Government Reform, for a period to be of Minnesota, Mr. JOHN, Mr. TIERNEY, and diversity in the energy supply for the subsequently determined by the Speaker, in Mr. BRADY of Pennsylvania, Mr. American people, and for other purposes each case for consideration of such provi- RODRIGUEZ, Ms. LEE, Mrs. JONES of (Rept. 107–178). Referred to the House Cal- sions as fall within the jurisdiction of the Ohio, Mr. DEFAZIO, Mr. OLVER, Ms. endar. committee concerned. Mr. SESSIONS: Committee on Rules. BALDWIN, Mr. RAHALL, Mr. BARRETT, By Mr. COOKSEY: Mr. LANGEVIN, Mr. BERRY, Mr. House Resolution 217. Resolution providing H.R. 2682. A bill to provide for the designa- for consideration of motions to suspend the PASCRELL, Mr. MALONEY of Con- tion of certain closed military installations necticut, Mr. BENTSEN, Mr. FARR of rules (Rept. 107–179). Referred to the House as ports of entry; to the Committee on Calendar. California, Mr. ORTIZ, Mr. SHERMAN, Armed Services, and in addition to the Com- Ms. PELOSI, Mr. RAMSTAD, Ms. DISCHARGE OF COMMITTEE mittees on Ways and Means, and the Judici- HOOLEY of Oregon, Ms. SANCHEZ, Mr. Pursuant to clause 2 of rule XII the ary, for a period to be subsequently deter- HINOJOSA, Mr. GONZALEZ, Mr. SMITH Committee on the Judiciary discharged mined by the Speaker, in each case for con- of Michigan, Mr. THOMPSON of Cali- from further consideration. H.R. 2603 sideration of such provisions as fall within fornia, Mr. COSTELLO, Mrs. MALONEY the jurisdiction of the committee concerned. referred to the Committee of the Whole of New York, Mr. DOGGETT, Ms. EDDIE By Mrs. CUBIN (for herself, Mr. BAIRD, BERNICE JOHNSON of Texas, Mr. House on the State of the Union and Mr. BRADY of Texas, Mr. HILLEARY, ordered to be printed. LEVIN, Mr. SAWYER, Mr. HOLT, Mr. and Mr. CLEMENT): BACA, Ms. SCHAKOWSKY, Ms. ESHOO, H.R. 2683. A bill to amend the Internal Rev- f Ms. MILLENDER-MCDONALD, Mrs. enue Code of 1986 to allow a deduction for CAPPS, Mr. MOORE, Mr. CROWLEY, Mr. TIME LIMITATION OF REFERRED State and local sales taxes in lieu of State BROWN of Ohio, Mr. BLAGOJEVICH, Mr. BILL and local income taxes; to the Committee on FORD, Mr. BARCIA, and Mr. BAIRD): Pursuant to clause 2 of rule XII the Ways and Means. H.R. 2688. A bill to amend title 28, United By Mr. FRANK: States Code, to give district courts of the following action was taken by the H.R. 2684. A bill to amend chapter 171 of Speaker: United States jurisdiction over competing title 28, United States Code, to allow mem- State custody determinations, and for other H.R. 2603. Referral to the Committee on bers of the Armed Forces to sue the United purposes; to the Committee on the Judici- the Judiciary extended for a period ending States for damages for certain injuries ary, and in addition to the Committee on not later than July 31, 2001. caused by improper medical care; to the International Relations, for a period to be f Committee on the Judiciary. subsequently determined by the Speaker, in By Mr. GILCHREST: each case for consideration of such provi- PUBLIC BILLS AND RESOLUTIONS H.R. 2685. A bill to amend title 10, United sions as fall within the jurisdiction of the Under clause 2 of rule XII, public States Code, to revise the computation of committee concerned. bills and resolutions were introduced military disability retired pay computation By Mr. MANZULLO (for himself, Mr. for certain members of the uniformed serv- and severally referred, as follows: BLAGOJEVICH, Mr. EVANS, and Mr. ices injured while a cadet or midshipman at KIRK): [Omitted from the Record of July 30, 2001] a service academy; to the Committee on H.R. 2689. A bill to amend chapter 142 of By Mr. SMITH of Texas (for himself, Armed Services. title 10, United States Code, to increase the By Mr. HILLIARD: Mr. SCOTT, Mr. BALDACCI, Mr. BUYER, value of the assistance that the Secretary of H.R. 2686. A bill to prohibit States from Ms. CARSON of Indiana, Mr. FROST, Defense may furnish to carry out certain carrying out certain law enforcement activi- Mr. ISTOOK, Mr. LUTHER, Mrs. procurement technical assistance programs ties which have the effect of intimidating in- MORELLA, Mr. NEY, Ms. NORTON, Mr. which operate on a Statewide basis; to the dividuals from voting; to the Committee on PLATTS, Mr. PUTNAM, Mr. SHOWS, Mr. Committee on Armed Services. the Judiciary. SIMMONS, Mr. SKEEN, Mr. SMITH of By Mr. RADANOVICH (for himself and By Mr. HILLIARD: New Jersey, Mr. SOUDER, Mr. WAMP, Ms. MCCOLLUM): H.R. 2687. A bill to prohibit States from de- H.R. 2690. A bill to amend the Hmong Vet- and Mr. WATT of North Carolina): nying any individual the right to register to H. Con. Res. 204. Concurrent resolution ex- erans’ Naturalization Act of 2000 to extend vote for an election for Federal office, or the pressing the sense of Congress regarding the the deadlines for application and payment of right to vote in an election for Federal of- establishment of National Character Counts fees; to the Committee on the Judiciary. fice, on the grounds that the individual has Week; to the Committee on Education and By Mr. SABO (for himself, Mr. BONIOR, been convicted of a Federal crime, and to the Workforce. Mr. DEFAZIO, Mr. DELAHUNT, Mr. amend title 5, United States Code, to estab- KUCINICH, Ms. LEE, Ms. MCKINNEY, [Submitted July 23, 2001] lish election day as a legal public holiday by Ms. SCHAKOWSKY, Mr. STARK, Mr. By Mr. TOM DAVIS of Virginia (for moving the legal public holiday known as VISCLOSKY, and Mr. WYNN): himself and Mr. MORAN of Virginia): Veterans Day to election day in such years; H.R. 2691. A bill to amend the Internal Rev- H.R. 2678. A bill to amend title 5, United to the Committee on the Judiciary, and in enue Code of 1986 to deny employers a deduc- States Codes, to establish an exchange pro- addition to the Committee on Government tion for payments of excessive compensa- gram between the Federal Government and Reform, for a period to be subsequently de- tion; to the Committee on Ways and Means. the private sector to develop expertise in in- termined by the Speaker, in each case for By Mr. SHAYS (for himself, Mr. FRANK, formation technology management, and for consideration of such provisions as fall with- Mr. FOLEY, Mrs. TAUSCHER, Mr. other purposes; to the Committee on Govern- in the jurisdiction of the committee con- ABERCROMBIE, Mr. ACEVEDO-VILA, Mr. ment Reform. cerned. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, By Mr. ANDREWS: By Mr. LAMPSON (for himself, Mr. Mr. BAIRD, Mr. BACA, Mr. BALDACCI, H.R. 2679. A bill to condition the min- SHIMKUS, Mr. CAPUANO, Mr. FROST, Ms. BALDWIN, Mr. BARRETT, Mr. imum-wage-exempt status of organized Mrs. MINK of Hawaii, Mr. STARK, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, camps under the Fair Labor Standards Act GREEN of Texas, Mr. GRUCCI, Mr. Mrs. BIGGERT, Mr. BLAGOJEVICH, Mr. of 1938 on compliance with certain safety UNDERWOOD, Ms. BROWN of Florida, BLUMENAUER, Mr. BOEHLERT, Mr. standards, and for other purposes; to the Ms. JACKSON-LEE of Texas, Mr. BONIOR, Mr. BORSKI, Mr. BOSWELL, Committee on Education and the Workforce. SANDLIN, Mr. KANJORSKI, Mr. OSE, Mr. BRADY of Pennsylvania, Mr.

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BROWN of Ohio, Mrs. CAPPS, Mr. H. Con. Res. 206. Concurrent resolution rec- H.R. 1460: Mr. BOUCHER, Mr. NORWOOD, Mrs. CAPUANO, Mr. CARDIN, Ms. CARSON of ognizing the important relationship between EMERSON, Mr. NEY, Mr. PETRI, Mr. PETERSON Indiana, Mrs. CHRISTENSEN, Mr. CLAY, the United States and Mexico; to the Com- of Pennsylvania, Mr. OXLEY, Mr. SHUSTER, Mrs. CLAYTON, Mr. CLYBURN, Mr. CON- mittee on International Relations. Mr. LEWIS of Kentucky, and Mr. CRANE. YERS, Mr. COYNE, Mr. CROWLEY, Mr. By Mr. LARGENT (for himself and Mr. H.R. 1462: Mr. CALVERT. CUMMINGS, Mr. DAVIS of Illinois, Mrs. BROWN of Ohio): H.R. 1509: Mr. DEUTSCH and Mr. DAVIS of California, Mr. DEFAZIO, Ms. H. Con. Res. 207. Concurrent resolution rec- BLUMENAUER. DEGETTE, Mr. DELAHUNT, Ms. ognizing the important contributions of the H.R. 1556: Mr. SIMMONS, Mr. HOEFFEL, Mr. DELAURO, Mr. DEUTSCH, Mr. DICKS, Youth For Life: Remembering Walter MASCARA, and Mr. DIAZ-BALART. Mr. DOGGETT, Mr. DOOLEY of Cali- Payton initiative and encouraging participa- H.R. 1589: Mr. CUNNINGHAM. fornia, Mr. ENGEL, Ms. ESHOO, Mr. tion in this nationwide effort to educate H.R. 1602: Mr. MCKEON, Mrs. JO ANN DAVIS EVANS, Mr. FALEOMAVAEGA, Mr. young people about organ and tissue dona- of Virginia, Mr. FORBES, Mr. GOODLATTE, and FATTAH, Mr. FARR of California, Mr. tion; to the Committee on Energy and Com- Mr. BROWN of South Carolina. FERGUSON, Mr. FILNER, Mr. FORD, Mr. merce. H.R. 1609: Mr. FARR of California, Mrs. FRELINGHUYSEN, Mr. FROST, Mr. GEP- CLAYTON, Mrs. EMERSON, Mr. PHELPS, Mrs. f HARDT, Mr. GILCHREST, Mr. GILMAN, JO ANN DAVIS of Virginia, Mr. HOEFFEL, and Mr. GONZALEZ, Mr. GREENWOOD, Mr. MEMORIALS Mr. MASCARA. GUTIERREZ, Ms. HARMAN, Mr. Under clause 3 of rule XII, H.R. 1624: Mr. HINCHEY, Mr. MCGOVERN, Mr. HASTINGS of Florida, Mr. HILLIARD, CANNON, Mr. EDWARDS, Mr. HOUGHTON, and Mr. HINCHEY, Mr. HINOJOSA, Mr. 184. The SPEAKER presented a memorial Mr. GRUCCI. HOEFFEL, Mr. HOLT, Mr. HONDA, Ms. of the Legislature of the State of Texas, rel- H.R. 1645: Mr. WALSH and Mr. CANNON. HOOLEY of Oregon, Mr. HORN, Mr. ative to Senate Concurrent Resolution No. 21 H.R. 1700: Mr. OLVER, Mr. MARKEY, and Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Ms. memorializing the United States Congress to MEEHAN. EDDIE BERNICE JOHNSON of Texas, initiate the development of an agreement or H.R. 1773: Mr. MEEKS of New York and Mr. Mrs. JOHNSON of Connecticut, Mr. treaty with Mexico to address health issues MCGOVERN. JACKSON of Illinois, Ms. JACKSON-LEE of mutual concern; to the Committee on H.R. 1784: Mrs. CAPPS and Mr. FILNER. of Texas, Mr. JEFFERSON, Mrs. JONES International Relations. H.R. 1795: Mrs. KELLY, Mr. OTTER, and Mr. of Ohio, Mrs. KELLY, Mr. KENNEDY of f SMITH of New Jersey. Rhode Island, Mr. KILDEE, Ms. KIL- H.R. 1819: Mr. WAMP. PATRICK, Mr. KIND, Mr. KIRK, Mr. ADDITIONAL SPONSORS H.R. 1856: Mr. FORBES. KLECZKA, Mr. KOLBE, Mr. KUCINICH, Under clause 7 of rule XII, sponsors H.R. 1873: Mr. UDALL of Colorado. Mr. LAFALCE, Mr. LAMPSON, Mr. were added to public bills and resolu- H.R. 1948: Ms. SCHAKOWSKY. LANGEVIN, Mr. LANTOS, Mr. LARSEN tions as follows: H.R. 1978: Mr. BROWN of Ohio and Mr. DAVIS of Washington, Mr. LARSON of Con- of Illinois. necticut, Mr. LEACH, Ms. LEE, Mr. H.R. 85: Mr. MATHESON. H.R. 1983: Mr. SKEEN, Mr. BROWN of South LEVIN, Mr. LEWIS of Georgia, Ms. H.R. 134: Mr. GUTIERREZ. Carolina, and Mr. MASCARA. H.R. 157: Mrs. MINK of Hawaii. LOFGREN, Mrs. LOWEY, Mr. LUTHER, H.R. 2001: Mr. PASTOR. H.R. 218: Mr. LUCAS of Oklahoma, Mr. Mrs. MCCARTHY of New York, Ms. H.R. 2064: Mr. HASTINGS of Florida and Mr. WICKER, Mr. GOSS, Mr. SHOWS, and Mr. MAS- MCCARTHY of Missouri, Ms. MCCOL- BLAGOJEVICH. CARA. LUM, Mr. MCDERMOTT, Mr. MCGOV- H.R. 2066: Mr. BEREUTER. H.R. 274: Ms. DELAURO. ERN, Ms. MCKINNEY, Mr. MCNULTY, H.R. 2071: Mr. SIMMONS. H.R. 326: Ms. HARMAN. Mrs. MALONEY of New York, Mr. H.R. 2098: Mr. CANTOR. H.R. 400: Mr. CRENSHAW. MALONEY of Connecticut, Mr. MAR- H.R. 2125: Mr. TIERNEY, Mr. SOUDER, and H.R. 432: Mr. BONIOR. KEY, Mr. MATHESON, Mr. MATSUI, Mr. Mr. SCHROCK. H.R. 433: Mr. BONIOR. H.R. 2134: Mr. BLAGOJEVICH. MEEHAN, Mrs. MEEK of Florida, Mr. H.R. 437: Mr. HERGER. H.R. 2142: Mr. MCGOVERN, Mr. DOOLEY of MEEKS of New York, Mr. MENENDEZ, H.R. 510: Mrs. MINK of Hawaii and Mr. California, Mr. KIRK, Mr. FRANK, and Mr. Ms. MILLENDER-MCDONALD, Mr. TRAFICANT. LANTOS. GEORGE MILLER of California, Mrs. H.R. 612: Ms. GRANGER. H.R. 2157: Mr. SKEEN. MINK of Hawaii, Mr. MOORE, Mr. H.R. 664: Mr. UPTON, Mrs. JOHNSON of Con- H.R. 2220: Mr. BACA, Mr. ACKERMAN, Mr. MORAN of Virginia, Mrs. MORELLA, necticut, Mr. CALVERT, and Mr. HOUGHTON. CARSON of Oklahoma, Ms. HARMAN, Mr. KIL- Mr. NADLER, Mrs. NAPOLITANO, Mr. H.R. 684: Mr. NADLER and Mr. HINCHEY. NEAL of Massachusetts, Ms. NORTON, H.R. 737: Mr. SKELTON. DEE, Mr. MCGOVERN, Mr. REYES, and Mr. Mr. OLVER, Mr. OWENS, Mr. PALLONE, H.R. 778: Mr. MCDERMOTT, Mr. DOYLE, and OWENS. Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Mr. BORSKI. H.R. 2243: Mr. KUCINICH. Ms. PRYCE of Ohio, Mr. PASCRELL, H.R. 781: Mr. SCOTT and Mr. LARSEN of H.R. 2272: Mr. BLUMENAUER. Mr. RANGEL, Mr. REYES, Ms. RIVERS, Washington. H.R. 2308: Mr. MATHESON. Mr. RODRIGUEZ, Mr. ROTHMAN, Ms. H.R. 817: Mr. WHITFIELD. H.R. 2310: Mr. FOLEY. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, H.R. 914: Mr. LARGENT. H.R. 2316: Mr. WELDON of Florida, Ms. Ms. SANCHEZ, Mr. SANDERS, Mr. SAW- H.R. 921: Mr. BONIOR. HART, Mr. WALDEN of Oregon, Mr. SCHAFFER, YER, Ms. SCHAKOWSKY, Mr. SCHIFF, H.R. 938: Mr. PAYNE, Mr. LEACH, and Mr. Mr. JONES of North Carolina, and Mr. Mr. SERRANO, Mr. SHERMAN, Mr. SIM- COOKSEY. FOSSELLA. MONS, Ms. SLAUGHTER, Mr. SMITH of H.R. 967: Mr. WATT of North Carolina and H.R. 2317: Mrs. MALONEY of New York and Washington, Ms. SOLIS, Mr. STARK, Mr. HINCHEY. Mrs. DAVIS of California. Mr. STRICKLAND, Mr. THOMPSON of H.R. 1035: Mr. CARSON of Oklahoma and Ms. H.R. 2322: Mr. BEREUTER. Mississippi, Mr. THOMPSON of Cali- MILLENDER-MCDONALD. H.R. 2332: Mr. CLEMENT. fornia, Mrs. THURMAN, Mr. TIERNEY, H.R. 1073: Mr. BOSWELL. H.R. 2345: Mr. PASTOR. Mr. TOWNS, Mr. TRAFICANT, Mr. H.R. 1086: Mr. BLUMENAUER. H.R. 2348: Mr. RANGEL, Ms. PELOSI, Mr. UDALL of Colorado, Mr. UDALL of New H.R. 1090: Ms. PELOSI, Ms. SLAUGHTER, Ms. HALL of Ohio, Mr. ORTIZ, Ms. SANCHEZ, Mrs. Mexico, Mr. UNDERWOOD, Ms. VELAZ- SCHAKOWSKY, Mr. THOMPSON of California, NAPOLITANO, Mr. REYES, Mr. MCGOVERN, Ms. QUEZ, Mr. VISCLOSKY, Ms. WATERS, and Mr. DELAHUNT. CARSON of Indiana, Mr. OWENS, and Mr. MAR- Ms. WATSON, Mr. WATT of North H.R. 1120: Mr. GOODLATTE. KEY. Carolina, Mr. WAXMAN, Mr. WEINER, H.R. 1170: Mr. SERRANO, Mr. BARCIA, and H.R. 2349: Ms. ESHOO and Ms. HOOLEY of Or- Mr. WEXLER, Ms. WOOLSEY, Mr. WU, Mr. MOORE. egon. and Mr. WYNN): H.R. 1178: Mr. MATHESON. H.R. 2355: Mr. ISAKSON. H.R. 2692. A bill to prohibit employment H.R. 1198: Mr. GILLMOR, Mr. LIPINSKI, Mr. H.R. 2357: Mr. BARR of Georgia, Mr. BLUNT, discrimination on the basis of sexual ori- HOEFFEL, Mr. LARSEN of Washington, Mr. LA- Mr. HAYES, Mr. BARTLETT of Maryland, Mr. entation; to the Committee on Education FALCE, and Mr. FRELINGHUYSEN. KERNS, Mr. PICKERING, Mr. WATTS of Okla- and the Workforce, and in addition to the H.R. 1201: Mr. MCGOVERN and Mr. BERMAN. homa, Mr. BROWN of South Carolina, Mr. Committees on House Administration, Gov- H.R. 1252: Mr. ENGEL. BRADY of Texas, Mr. VITTER, Mr. WHITFIELD, ernment Reform, and the Judiciary, for a pe- H.R. 1296: Mr. LARGENT. Mr. LARGENT, Mr. WATKINS, Mr. BURR of riod to be subsequently determined by the H.R. 1305: Mr. SWEENEY. North Carolina, Mr. TRAFICANT, Mr. BILI- Speaker, in each case for consideration of H.R. 1353: Mr. MORAN of Kansas, Mr. SNY- RAKIS, and Mr. HEFLEY. such provisions as fall within the jurisdic- DER, and Ms. LEE. H.R. 2366: Mr. SCHAFFER. tion of the committee concerned. H.R. 1354: Ms. HARMAN, Mr. BACA, Mr. BOR- H.R. 2368: Mr. CLAY. By Mr. PAUL (for himself, Mr. SKI, and Mr. JACKSON of Illinois. H.R. 2375: Mr. EHRLICH, Mr. LAMPSON, Ms. BALLENGER, Mr. KOLBE, Mr. BARTON H.R. 1436: Mr. SNYDER, Mr. LOBIONDO, Mrs. ESHOO, Mr. KANJORSKI, Mr. WYNN, Mr. ACK- of Texas, Mr. NETHERCUTT, and Mr. NAPOLITANO, Mr. COMBEST, Mr. KANJORSKI, ERMAN, Mrs. CAPPS, Mr. SERRANO, Mr. DREIER): and Mr. MASCARA. GUTIERREZ, and Mr. NADLER.

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H.R. 2400: Mr. TOWNS. purchased with funds realized from the sale (C) Energy efficiency programs and other H.R. 2401: Mr. TOWNS. of, crude oil from the Reserve. local conservation measures. H.R. 2402: Mr. TOWNS. ‘‘(2) The Secretary shall carry out para- (D) Incentives for new renewable energy re- H.R. 2410: Mr. SCHAFFER. graph (1) in a manner that avoids, to the ex- sources, including research and development H.R. 2442: Ms. ROS-LEHTINEN. tent possible, a disruption of the strategic programs, purchases from alternative energy H.R. 2460: Mr. MATHESON, Mr. EHLERS, Ms. fuels markets.’’; providers, and construction of new genera- HART, Mrs. BIGGERT, Mr. COSTELLO, Mr. (9) in section 161(g), by striking ‘‘crude oil’’ tion facilities. BACA, Ms. WOOLSEY, and Mr. UDALL of Colo- each place it appears and inserting ‘‘stra- (E) Increased and rapid deployment of dis- rado. tegic fuels’’; tributed energy generation resources, includ- H.R. 2484: Mr. FOSSELLA and Mr. OWENS. (10) in section 165(5), by striking ‘‘petro- ing the following: H.R. 2486: Ms. HART. leum’’ and inserting ‘‘strategic fuel’’; (i) Microturbines. H.R. 2520: Mr. MEEKS of New York. (11) in section 165(10), by striking ‘‘oil’’ and (ii) Fuel cells. H.R. 2521: Mr. GORDON. inserting ‘‘strategic fuels’’; and (iii) Combined heat and power systems. H.R. 2560: Mr. MCGOVERN. (12) in the heading of subsection (c) of sec- (iv) Advanced internal combustion engine H.R. 2573: Mr. FATTAH and Mr. STARK. tion 168, by striking ‘‘STORED OIL’’ and in- generators. H.R. 2662: Mr. FLAKE. serting ‘‘STORED FUEL’’. (v) Advanced natural gas turbines. H.R. 2669: Mr. ADERHOLT, Mr. LAHOOD, Mr. (b) REFERENCES.—Any reference in any (vi) Energy storage devices. LEACH, Mr. MCINTRYE, Mr. PETERSON of Min- Federal law or regulation to the Strategic (vii) Distributed generation research and nesota, Mr. PHELPS, and Mr. SHOWS. Petroleum Reserve or to the SPR Petroleum development for local communities, includ- H.R. 2675: Mr. FOSSELLA. Account shall be deemed to be a reference to ing interconnection standards and equip- H.J. Res. 6: Mr. SOUDER. the Strategic Fuels Reserve or the SFR ment, and dispatch and control services that H.J. Res. 15: Ms. ROYBAL-ALLARD. Fuels Account, accordingly. preserve appropriate local control authority H.J. Res. 42: Mr. SMITH of Washington, Mr. H.R. 4 to protect distribution system safety, reli- SHIMKUS, Mr. HORN, Mr. ANDREWS, Mrs. OFFERED BY: MR. KERNS ability, and new and backup power quality. MALONEY of New York, Ms. HARMAN, Mr. AMENDMENT NO. 7: At the end of title III of (F) Purchase of existing electricity genera- HONDA, Mr. CARSON of Oklahoma, Mrs. division C insert the following new section: tion and transmission systems of private CAPITO, and Mr. PICKERING. SEC. 3311. USE OF CERTAIN TRANSFERRED power companies. H. Con. Res. 44: Mr. SCHAFFER. FUNDS. (G) Construction of new electricity genera- H. Con. Res. 58: Mr. HILLIARD. (a) IN GENERAL.—Section 9705 is amended tion and transmission facilities. H. Con. Res. 60: Ms. WOOLSEY. by adding at the end the following new sub- (H) Education and public information pro- H. Con. Res. 97: Mr. KENNEDY of Rhode Is- section: grams. land. ‘‘(c) CERTAIN TRANFERS.—Notwithstanding (3) RESTRICTIONS.—No loan may be made H. Con. Res. 185: Ms. LEE, Mr. HYDE, Mr. any other provision of law, any amount under this section to any entity that is fi- SMITH of New Jersey, and Mr. HONDA. transferred to or received by the Combined nancially distressed, delinquent on any Fed- H. Con. Res. 195: Ms. SCHAKOWSKY and Mr. Fund for any fiscal year for any reason, eral debt, or in current bankruptcy pro- GEORGE MILLER of California. whether that amount is transferred or re- ceedings. No loan shall be made under this H. Res. 65: Mr. FOLEY. ceived from general purpose funds, under section unless the Secretary determines that— f section 402(h) of the Surface Mining Control and Reclamation Act of 1977, or from any (A) there is reasonable assurance of repay- AMENDMENTS other source, shall be used first to refund to ment of the loan; and Under clause 8 of rule XVIII, pro- each operator and/or business any and all (B) the amount of the loan, together with monies, including interest thereon cal- other funds provided by or available to the posed amendments were submitted as culated at the currently prevailing rate es- recipient, is adequate to assure completion follows: tablished by the Internal Revenue Service of the facility or facilities for which the loan H.R. 4 pursuant to 20 U.S.C. 1307, paid to any of the is made. OFFERED BY: MS. KAPTUR Funds established under this Subtitle J by (c) LOAN REPAYMENTS.— each such operator and/or business that was (1) LENGTH OF REPAYMENT.— AMENDMENT NO. 6: Page 96, after line 17, in- last signatory to a Coal Wage Agreement (A) IN GENERAL.—Before making a loan sert the following new section, and make the prior to the year 1974, provided that such under this section, the Secretary shall deter- necessary change to the table of contents: monies have not been previously refunded to mine the period of time within which a State SEC. 804. REENERGIZING RURAL AMERICA. such operator and/or business; and thereafter must repay such loan. (a) AMENDMENTS.—Parts B and C of title I to pay the amount of any other obligation (B) LIMITATION.—Except as provided in sub- of the Energy Policy and Conservation Act occurring in the Combined Fund.’’. paragraph (C), the Secretary shall in no case (42 U.S.C. 6231-6249c), and the items in the (b) EFFECTIVE DATE.—The amendment allow repayment of such loan— table of contents of that Act relating there- made by this section shall apply to the fiscal (i) to begin later than the date that is one to, are amended— year beginning on October 1, 2001. year after the date on which the loan is (1) by striking ‘‘Strategic Petroleum Re- H.R. 4 made; and serve’’ each place it appears and inserting OFFERED BY: MR. NADLER (ii) to be completed later than the date ‘‘Strategic Fuels Reserve’’; AMENDMENT NO. 8: Page 96, after line 17, in- that is 30 years after the date on which the (2) by striking ‘‘petroleum products’’ each sert the following new section and make the loan is made. place it appears other than section necessary conforming changes in the table of (C) MORATORIUM.—The Secretary may 160(h)(2)(B), and inserting ‘‘strategic fuels’’; contents: grant a temporary moratorium on the repay- (3) by striking ‘‘petroleum product’’ each SEC. 904. COMMUNITY POWER INVESTMENT RE- ment of a loan provided under this section if, place it appears and inserting ‘‘strategic VOLVING LOAN FUND. in the determination of the Secretary, con- fuel’’; (a) REVOLVING LOAN FUND.—There is estab- tinued repayment of such loan would cause a (4) by striking ‘‘Petroleum products’’ each lished in the Treasury of the United States a financial hardship on the State that received place it appears and inserting ‘‘Strategic revolving loan fund to be known as the the loan. fuels’’; ‘‘Community Power Investment Revolving (2) INTEREST.—The Secretary may not im- (5) by striking ‘‘Petroleum product’’ each Loan Fund’’ consisting of such amounts as pose or collect interest on a loan provided place it appears and inserting ‘‘Strategic may be appropriated or credited to such under this section in excess of one percent fuel’’; Fund as provided in this section. above the current U.S. Treasury rate for ob- (6) by striking ‘‘SPR Petroleum Account’’ (b) EXPENDITURES FROM LOAN FUNDS.— ligations of similar maturity. each place it appears and inserting ‘‘SFR (1) IN GENERAL.—The Secretary of Energy, (3) CREDIT TO LOAN FUND.—Repayment of Fuels Account’’; under such rules and regulations as the Sec- amounts loaned under this section shall be (7) in section 152, by adding at the end the retary may prescribe, may make loans from credited to the Community Power Invest- following new paragraph: the Community Power Investment Revolving ment Revolving Loan Fund and shall be ‘‘(12) The term ‘strategic fuels’ means pe- Loan Fund, without further appropriation, available for the purposes for which the fund troleum products, ethanol, and biodiesel to a State or local government, including is established. fuels.’’; any municipality. (4) FINANCE CHARGES.—The Secretary may (8) in section 154, by inserting after sub- (2) PURPOSE.—Loans provided under this assess finance charges of 5 percent on loans section (b) the following new subsection: section shall be used only for any of the fol- under this section that are repaid within 5 to ‘‘(c)(1) Except as provided in paragraph (2), lowing: 10 years, 3 percent on such loans that are re- the Secretary shall, within 3 years after the (A) Feasibility studies to investigate op- paid within 3 to 5 years, and one percent for date of the enactment of this subsection, actions for the creation or expansion of public loans repaid within 3 years. quire and maintain as part of the Reserve a power systems. (d) ADMINISTRATION EXPENSES.—The Sec- minimum of 300,000,000 gallons of ethanol (B) Community development assistance retary may defray the expenses of admin- and 100,000,000 gallons of biodiesel fuel. Such programs to stem rising energy costs, includ- istering the loans provided under this sec- fuels may be obtained in exchange for, or ing low-income customer payment programs. tion.

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(e) AUTHORIZATION OF APPROPRIATIONS.— (2) The Department of Defense is the larg- flexibility, and allows forces to remain in There are authorized to be appropriated to est energy user among all federal agencies. the field for a sustained period of time. the Community Power Investment Revolving (3) The Department of Defense consumed (b) SENSE OF CONGRESS.—It is the sense of 595 trillion btu of petroleum in Fiscal Year Loan Fund $5,000,000,000 for each of the fiscal Congress that the Department of Defense years 2002 through 2007. 1999 while all other federal agencies, com- should work to implement fuel efficiency re- H.R. 4 bined, consumed 56 btu of petroleum. (4) The total cost of petroleum to the De- forms as recommended by the Defense OFFERED BY: MR. STEARNS partment of Defense amounted to $3.6 billion Science Board report which allow for invest- AMENDMENT NO. 9: Page 34, after line 7, in- in Fiscal Year 2000. ment decisions based on the true cost of desert the following new section and make the (5) Increased fuel efficiency reduces the livered fuel, strengthening the linkage be- necessary changes in the table of contents: cost of delivering fuel to units during oper- tween warfighting capability and fuel logis- SEC. 129. DEPARTMENT OF DEFENSE FUEL EFFI- ations and training, thereby allowing a cor- tics requirements, provide high-level leader- CIENCY. responding percentage of defense dollars to ship encouraging fuel efficiency, target fuel (a) FINDINGS.—Congress finds the fol- be allocated to logistic shortages, combat efficiency improvements through Science lowing: units, and other readiness needs. and Technology investment, and include fuel (1) The federal government is the largest (6) Increased fuel efficiency decreases time efficiency in requirements and acquisition single energy user in the United States. needed to assemble forces, increases unit processes.

VerDate 30-JUL-2001 06:03 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JY7.096 pfrm02 PsN: H31PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, JULY 31, 2001 No. 109 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING JIM ZIGLAR called to order by the Honorable PRESIDENT PRO TEMPORE Mr. REID. I would just say, Madam DEBBIE STABENOW, a Senator from the The PRESIDING OFFICER. The President, quickly, that I appreciate State of Michigan. clerk will please read a communication very much the prayer of the Chaplain to the Senate from the President pro today mentioning Jim Ziglar. When he PRAYER tempore [Mr. BYRD]. came to the Senate he had been a long- The legislative clerk read the fol- time friend of the majority leader, Sen- The Chaplain, Dr. Lloyd John lowing letter: ator LOTT. A lot of us were somewhat Ogilvie, offered the following prayer: U.S. SENATE, anxious that he would be an extreme Sovereign God of our Nation, we ask PRESIDENT PRO TEMPORE, partisan. Senator LOTT did very well in You for the supernatural gift of wis- Washington, DC, July 31, 2001. choosing Jim Ziglar. dom. In the Bible You tell us wisdom is To the Senate: Jim Ziglar has a brilliant mind. He more precious than rubies, more impor- Under the provisions of rule I, paragraph 3, has an outstanding law school record. tant than riches and honors. Solomon of the Standing Rules of the Senate, I hereby And he served as a clerk in the U.S. Su- appoint the Honorable DEBBIE STABENOW, a called wisdom a tree of life to those Senator from the State of Michigan, to per- preme Court to Justice Blackmun. He who lay hold of it. Your gift of wisdom form the duties of the Chair. was in the private sector where he did enables true success, righteousness, ROBERT C. BYRD, extremely well. As Sergeant at Arms, justice, and equity. The Talmud re- President pro tempore. he was an exemplary member of the minds us that with wisdom, we can Ms. STABENOW thereupon assumed Senate family. I know that as the lead- turn our lives back to You in authentic the chair as Acting President pro tem- er of the Immigration and Naturaliza- repentance and commit ourselves to do pore. tion Service he will bring vigor and in- the good deeds that You guide. telligence and responsibility to that James, the brother of Jesus, extends f most important office. Your clear invitation to receive wis- So I appreciate very much the prayer RECOGNITION OF THE ACTING of the Chaplain today mentioning Jim dom: ‘‘If any of you lacks wisdom, let MAJORITY LEADER him ask of God, who gives to all lib- Ziglar, who has become a friend to all erally and without reproach, and it will The ACTING PRESIDENT pro tem- of us. pore. The Senator from Nevada. be given to him.’’—James 1:5. Bless the f women and men of this Senate with a f special measure of wisdom today. RESERVATION OF LEADER TIME SCHEDULE We are grateful for the immense con- The ACTING PRESIDENT pro tem- tribution to the Senate of the leader- Mr. REID. Madam President, today pore. Under the previous order, the ship of Sergeant at Arms Jim Ziglar. the Senate will resume consideration leadership time is reserved. Thank You for his friendship, his out- of the Agriculture supplemental au- standing executive skills, and his com- thorizations bill. Senator LUGAR, under f mitment to excellence in all he does. a previous order entered, will be recog- EMERGENCY AGRICULTURAL Bless him as he moves on to new oppor- nized to offer the House-passed act as ASSISTANCE ACT OF 2001 tunities and challenges in his ongoing an amendment or, in fact, whatever he dedication to serve You in government. desires to offer. Rollcall votes will The ACTING PRESIDENT pro tem- You are our Lord and Saviour. Amen. occur on amendments throughout the pore. Under the previous order, the day. The Senate will be in recess today, Senate will now resume consideration f as is normal on a Tuesday, from 12:30 of S. 1246, which the clerk will report. to 2:15 for our weekly party con- The senior assistant bill clerk read as PLEDGE OF ALLEGIANCE ferences. follows: The majority leader, Senator A bill (S. 1246) to respond to the continuing The Honorable DEBBIE STABENOW led DASCHLE, has asked me to announce economic crisis adversely affecting Amer- the Pledge of Allegiance, as follows: that he wishes to complete this bill ican agricultural producers. I pledge allegiance to the Flag of the this week, also the Transportation Ap- The ACTING PRESIDENT pro tem- United States of America, and to the Repub- propriations Act, the VA–HUD appro- pore. Under the previous order, the lic for which it stands, one nation under God, priations, and the export administra- Senator from Indiana, Mr. LUGAR, is indivisible, with liberty and justice for all. tion bill. recognized to offer an amendment.

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

S8403

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AMENDMENT NO. 1190 SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAY- (43) Vermont, $120,000. Mr. LUGAR. Madam President, I MENT. (44) Iowa, $100,000. send an amendment to the desk and The Secretary shall use $16,940,000 of funds (45) West Virginia, $90,000. of the Commodity Credit Corporation to pro- (46) Wyoming, $70,000. ask for its immediate consideration. vide a supplemental payment under section The ACTING PRESIDENT pro tem- (47) Kentucky, $60,000. 814 of the Agriculture, Rural Development, (48) South Dakota, $40,000. pore. The clerk will report the amend- Food and Drug Administration, and Related (49) Rhode Island, $40,000. ment. Agencies Appropriations Act, 2001 (as en- (50) Alaska, $20,000. Mr. LUGAR. I ask unanimous con- acted by Public Law 106–387), to producers of (c) SPECIALTY CROP PRIORITY.—As a condi- sent that the amendment not be read wool, and producers of mohair, for the 2000 tion on the receipt of a grant under this sec- in full. marketing year that previously received a tion, a State shall agree to give priority to The ACTING PRESIDENT pro tem- payment under such section. The Secretary the support of specialty crops in the use of pore. The clerk will report the amend- shall adjust the payment rate specified in the grant funds. such section to reflect the amount made (d) SPECIALTY CROP DEFINED.—In this sec- ment by number. available for payments under this section. The senior assistant bill clerk read as tion, the term ‘‘specialty crop’’ means any SEC. 6. SUPPLEMENTAL COTTONSEED ASSIST- agricultural crop, except wheat, feed grains, follows: ANCE. oil-seeds, cotton, rice, peanuts, and tobacco. The Senator from Indiana [Mr. LUGAR] pro- The Secretary shall use $84,700,000 of funds SEC. 8. COMMODITY ASSISTANCE PROGRAM. poses an amendment numbered 1190. of the Commodity Credit Corporation to pro- The Secretary shall use $10,000,000 of funds The amendment is as follows: vide supplemental assistance under section of the Commodity Credit Corporation to (Purpose: To provide a substitute 204(e) of the Agricultural Risk Protection make a grant to each of the several States to amendment) Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 be used by the States to cover direct and in- note) to producers and first-handlers of the direct costs related to the processing, trans- Strike everything after the enacting clause 2000 crop of cottonseed that previously re- and insert the following: portation, and distribution of commodities ceived assistance under such section. to eligible recipient agencies. The grants SECTION 1. MARKET LOSS ASSISTANCE. SEC. 7. SPECIALTY CROPS. shall be allocated to States in the manner (a) ASSISTANCE AUTHORIZED.—The Sec- (A) BASE STATE GRANTS.—The Secretary provided under section 204(a) of the Emer- retary of Agriculture (referred to in this Act shall use $26,000,000 of funds of the Com- gency Food Assistance Act of 1983 (7 U.S.C. as the ‘‘Secretary’’) shall, to the maximum modity Credit Corporation to make grants to 7508(a)). extent practicable, use $4,622,240,000 of funds the several States and the Commonwealth of of the Commodity Credit Corporation to SEC. 9. TECHNICAL CORRECTION REGARDING IN- Puerto Rico to be used to support activities DEMNITY PAYMENTS FOR COTTON make a market loss assistance payment to that promote agriculture. The amount of the PRODUCERS. owners and producers on a farm that are eli- grant shall be— (a) CONDITIONS ON PAYMENT TO STATE.— gible for a final payment for fiscal year 2001 (1) $500,000 to each of the several States; Subsection (b) of section 1121 of the Agri- under a production flexibility contract for and culture, Rural Development, Food and Drug the farm under the Agriculture Market (2) $1,000,000 to the Commonwealth of Puer- Administration, and Related Agencies Ap- Transition Act (7 U.S.C. 7201 et seq.). to Rico. propriations Act, 1999 (as contained in sec- (b) AMOUNT.—The amount of assistance (b) GRANTS FOR VALUE OF PRODUCTION.— tion 101(a) of division A of Public Law 105–277 made available to owners and producers on a The Secretary shall use $133,400,000 of funds (7 U.S.C. 1421 note), and as amended by sec- farm under this section shall be propor- of the Commodity Credit Corporation to tion 754 of the Agriculture, Rural Develop- tionate to the amount of the total contract make a grant to each of the several States in ment, Food and Drug Administration, and payments received by the owners and pro- an amount that represents the proportion of Related Agencies Appropriations Act, 2001 ducers for fiscal year 2001 under a production the value of specialty crop production in the (as enacted by Public Law 106–387; 114 Stat. flexibility contract for the farm under the State in relation to the national value of 1549A–42), is amended to read as follows: Agricultural Market Transition Act. specialty crop production, as follows: ‘‘(b) CONDITIONS ON PAYMENT TO STATE.— SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT. (1) California, $63,320,000. The Secretary of Agriculture shall make the The Secretary shall use $423,510,000 of funds (2) Florida, $16,860,000. payment to the State of Georgia under sub- of the Commodity Credit Corporation to (3) Washington, $9,610,000. section (a) only if the State— make a supplemental payment under section (4) Idaho, $43,670,000. ‘‘(1) contributes $5,000,000 to the indemnity 202 of the Agricultural Risk Protection Act (5) Arizona, $3,430,000 fund and agrees to expend all amounts in the of 2000 (Public Law 106–224; 7 U.S.C. 1421 (6) Michigan, $3,250,000. indemnity fund by not later than January 1, note) to producers of the 2000 crop of oilseeds (7) Oregon, $3,220,000. 2001 (or as soon as administratively practical that previously received a payment under (8) Georgia, $2,730,000. thereafter), to provide compensation to cot- such section. (9) Texas, $2,660,000. ton producers as provided in such subsection; SEC. 3. SUPPLEMENTAL PEANUT PAYMENT. (10) New York, $2,660,000. ‘‘(2) requires the recipient of a payment The Secretary shall use $54,210,000 of funds (11) Wisconsin, $2,570,000. from the indemnity fund to repay the State, of the Commodity Credit Corporation to pro- (12) North Carolina, $1,540,000. for deposit in the indemnity fund, the vide a supplemental payment under section (13) Colorado, $41,510,000. amount of any duplicate payment the recipi- 204(a) of the Agricultural Risk Protection (14) North Dakota, $1,380,000. ent otherwise recovers for such loss of cot- Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 (15) Minnesota, $1,320,000. ton, or the loss of proceeds from the sale of note) to producers of quota peanuts or addi- (16) Hawaii, $1,150,000. cotton, up to the amount of the payment tional peanuts for the 2000 crop year that (17) New Jersey, $1,100,000. from the indemnity fund; and previously received a payment under such (18) Pennsylvania, $980,000. ‘‘(3) agrees to deposit in the indemnity section. The Secretary shall adjust the pay- (19) New Mexico, $900,000. fund the proceeds of any bond collected by ment rate specified in such section to reflect (20) Maine, $880,000. the State for the benefit of recipients of pay- the amount made available for payment (21) Ohio, $800,000. ments from the indemnity fund, to the ex- under this section. (22) Indiana, $660,000. tent of such payments.’’. SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT. (23) Nebraska, $640,000. (b) ADDITIONAL DISBURSEMENTS FROM THE (a) SUPPLEMENTAL PAYMENT.—The Sec- (24) Massachusetts, $640,000. INDEMNITY FUND.—Subsection (d) of such secretary shall use $129,000,000 of funds of the (25) Virginia, $620,000. tion is amended to read as follows: Commodity Credit Corporation to provide a (26) Maryland, $500,000. ‘‘(d) ADDITIONAL DISBURSEMENT TO COTTON supplemental payment under section 204(b) (27) Louisiana, $460,000. GINNERS.—The State of Georgia shall use of the Agricultural Risk Protection Act of (28) South Carolina, $440,000. funds remaining in the indemnity fund, after 2000 (Public Law 106–224; 7 U.S.C. 1421 note) (29) Tennessee, $400,000. the provision of compensation to cotton pro- to eligible persons (as defined in such sec- (30) Illinois, $400,000. ducers in Georgia under subsection (a) (in- tion) that previously received a payment (31) Oklahoma, $390,000. cluding cotton producers who file a contin- under such section. (32) Alabama, $300,000. gent claim, as defined and provided in sec- (b) SPECIAL RULE FOR GEORGIA.—The Sec- (33) Delaware, $290,000. tion 5.1 of chapter 19 of title 2 of the Official retary may make payments under this sec- (34) Mississippi, $250,000. Code of Georgia), to compensate cotton gin- tion to eligible persons in Georgia only if the (35) Kansas, $210,000. ners (as defined and provided in such section) State of Georgia agrees to use the sum of (36) Arkansas, $210,000. that— $13,000,000 to make payments at the same (37) Missouri, $210,000. ‘‘(1) incurred a loss as the result of— time, or subsequently, to the same persons (38) Connecticut, $180,000. ‘‘(A) the business failure of any cotton in the same manner as provided for the Fed- (39) Utah, $140,000. buyer doing business in Georgia; or eral payments under this section, as required (40) Montana, $140,000. ‘‘(B) the failure or refusal of any such cot- by section 204(b)(6) of the Agricultural Risk (41) New Hampshire, $120,000. ton buyer to pay the contracted price that Protection Act of 2000. (42) Nevada, $120,000. had been agreed upon by the ginner and the

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I simply I have sought recognition this morn- January 1, 1997, and had been purchased or pay tribute to our leadership on both ing at the early part of the debate be- contracted by the ginner from cotton pro- sides of the aisle for attempting to cause I sense that we may be success- ducers in Georgia; frame the debate in this way: by begin- ‘‘(2) paid cotton producers the amount ful, and I have some premonition of which the cotton ginner had agreed to pay ning with giving me this opportunity disaster if we are not, as I read in the for such cotton received from such cotton to offer an amendment. press, in the newsletters, in all of the producers in Georgia; and Let me be clear that the bill before communications that come to us about ‘‘(3) satisfy the procedural requirements the Senate now came by majority vote all the ways in which this particular and deadlines specified in chapter 19 of title from the Senate Agriculture Com- debate might go. I will not try to be a 2 of the Official Code of Georgia applicable to mittee. For Members who have fol- prophet. My own optimistic spirit is cotton ginner claims.’’. lowed the debate yesterday—and for that the debate will go in a construc- (c) CONFORMING AMENDMENT.—Subsection those who have not—we had a full de- tive way, and that is the purpose of (c) of such section is amended by striking bate in the committee during which I ‘‘Upon the establishment of the indemnity this amendment. fund, and not later than October 1, 1999, the’’ offered a substitute amendment to that I will not offer the amendment this and inserting ‘‘The’’. offered by our distinguished chairman, morning, though I offered it in com- SEC. 10. INCREASE IN PAYMENT LIMITATIONS RE- the Senator from Iowa. Essentially, my mittee. It did have a limit of $5.5 bil- GARDING LOAN DEFICIENCY PAY- amendment called for the expenditure lion. I thought it was reasonably well MENTS AND MARKETING LOAN of $5.5 billion. It was apportioned GAINS. constructed as a compromise of various through a number of items, about $5 interests within the committee. Notwithstanding section 1001(2) of the billion-plus of that through the so- Food Security Act of 1985 (7 U.S.C. 1308(1)), Instead, the amendment I have sent the total amount of the payments specified called AMTA payments, these pay- to the desk—and I ask for its imme- in section 1001(3) of that Act that a person ments that have been made to farmers diate consideration—is the identical shall be entitled to receive for one or more who, as part of the farm program, have language of legislation that came from contract commodities and oilseeds under the had program crops in the last several the House of Representatives. It is a Agricultural Market Transition Act (7 U.S.C. years. bill already adopted by our friends in 7201 et seq.) during the 2001 crop year may It has been the responsibility of the the House Agriculture Committee and not exceed $150,000. Senate and the House—our Govern- the House of Representatives as a SEC. 11. TIMING OF, AND LIMITATION ON, EX- ment—to make additional AMTA pay- PENDITURES. whole. It is passed. At some point, ments in recent years in addition to probably very quickly, we will have to (a) DEADLINE FOR EXPENDITURES.—All ex- those provided by the farm bill in 1996. penditures required by this Act shall be come to grips—this week, for exam- The reason we have chosen the AMTA made not later than September 30, 2001. Any ple—with what we will do if we pass framework is that the farmers to be funds made available by this Act and re- legislation different from that which paid are known, their names and the maining unexpended by October 1, 2001, shall the House has passed. be deemed to be unexpendable, and the au- addresses of these farms. They have The conventional wisdom is, of thority provided by this Act to expend such been a part of the program. As a result, course, we would have a conference be- funds is rescinded effective on that date. their crop histories are expeditious. tween Members of the House and Sen- (b) TOTAL AMOUNT OF EXPENDITURES.—The Members of the committee from time ate. We would try to reconcile our dif- total amount expended under this Act may to time have raised questions as to: ferences. We would report back to the not exceed $5,500,000,000. If the payments re- Why these farmers? Why should people quired by this Act would result in expendi- two bodies at some time during this who are in corn, wheat, cotton, and tures in excess of such amount, the Sec- week. Presumably because of the emer- retary shall reduce such payments on a pro rice be the recipients? There is no equitable answer to that. Most of these de- gency, priority would be given to this rata basis as necessary to ensure that such conference report. Hopefully, both expenditures do not exceed such amount. bates have occurred in an emergency context such as the one we now have. Houses would pass what we do and send SEC. 12. REGULATIONS. it to the President. (a) PROMULGATION.—As soon as practicable This is July 31. By definition of the after the date of the enactment of this Act, fiscal year, the payments have to be The President has left no doubt what the Secretary and the Commodity Credit cut and received by September 30. So he will do if in fact this comes to him Corporation, as appropriate, shall promul- as a result, for programs that do not in some form with a pricetag higher gate such regulations as are necessary to im- have an AMTA history and which are than $5.5 billion, all to be spent in this plement this Act and the amendments made not clear about the criteria or the re- fiscal year. We had, first of all, at the by this Act. The promulgation of the regula- time of our committee debates, a letter tions and administration of this Act shall be cipients, those checks cannot physically get there by the 30th. from Mitch Daniels, Director of the Of- made without regard to— fice of Management and Budget. Mr. (1) the notice and comment provisions of We found last year, in making a larg- section 553 of title 5, United States Code; er list of recipients, that a large list of Daniels said he would not recommend (2) the Statement of Policy of the Sec- new program procedures had to be for- that the President sign a bill of more retary of Agriculture effective July 24, 1971 mulated by the Department of Agri- than $5.5 billion in this fiscal year. (36 Fed. Reg. 13804), relating to notices of culture. That happened, and in due That was fairly mild in comparison proposed rulemaking and public participa- course the checks were cut, but fre- to the letter read on the floor by the tion in rulemaking; and quently it was a hiatus of 6, 7, 8, 9 distinguished Senator from Pennsyl- (3) chapter 35 of title 44, United States months. That is a part of the issue vania yesterday, which was received by Code (commonly known as the ‘‘Paperwork many Members and which, after a lot Reduction Act’’). today. We are talking about the fiscal (b) CONGRESSIONAL REVIEW OF AGENCY year we are in that ends September 30 of conversation, including the Presi- RULEMAKING.—In carrying out this section, and how money might be received by dent of the United States, rather viv- the Secretary shall use the authority pro- farmers. idly in much of it—the letter came to vided under section 808 of title 5, United Farmers listening to the debate are us and said the senior advisers of the States Code. very interested in this. The testimony President would advise him to veto the The PRESIDING OFFICER (Mr. we have heard is that they are count- bill if it has more than $5.5 billion and CORZINE). The Senator from Indiana. ing in many cases upon these pay- extends beyond this year. They gave Mr. LUGAR. Mr. President, I appre- ments. More to the point, many of our reasons for that, and these are debat- ciate the agreement arrived at by the country bankers are counting on these able, and I am sure we will hear debate distinguished majority leader and the payments, counting on meeting with about them. Republican leader for the beginning of farmers to settle planting loans from Madam President, there is no doubt this debate on the supplemental farm this season’s planting and the hope; in my mind, nor should there be in the emergency amendment. therefore, that there might be loans for minds of other Senators or of the farm- I cannot emphasize, as the Chair planting next year in the case of farms ers in this country or of anybody lis- knows as a member of the Senate Agri- that are in that situation, literally, tening to this debate, what is going to culture Committee, the importance of needing loans from year to year to con- occur in the event we finally come to a this moment for agricultural America, tinue on in business. That is why there conference and we have a result other for those who have hopes that we will is an emergency aspect involved. than something less or $5.5 billion.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8406 CONGRESSIONAL RECORD — SENATE July 31, 2001 That being the case, I have suggested We urge you to remain within the $5.5 bil- that in order to accommodate a num- to the Senate, and in fact taken the ac- lion so that we can provide long-term solu- ber of interests, and some say even in tion of offering it as an amendment, tions for America’s farmers and ranchers. the House bill not nearly enough, there that if we are serious about coming to Thank you in advance for your consideration is some division of what might be com- of this request. a conclusion on this farm bill, we had ing in a more whole form in the AMTA best at this point adopt the House lan- It is signed by the three distin- payment. guage. This is not my language. It is guished Members. I make that point explicitly because not pride of authorship. It is not my We likewise, Madam President, heard on our side of the aisle I have heard way or no way. I have already had a try from a good number of our colleagues Senators say they want the bigger at it and lost 12–9 in the Ag Committee on the floor yesterday that they appre- AMTA payment. I am not so worried on what I thought was a pretty good ciate the point of the House. They dis- about specialty crops or about poultry suggestion. That is another day. agree with it—and Members will dis- or livestock. As a matter of fact, I am We are now in Tuesday of presumably agree with a number of our ap- worried about cotton farmers, rice our final week. The distinguished ma- proaches—in part because all are com- farmers, wheat farmers, and corn farm- jority leader has said we are going to promises between interests that have a ers. I understand that. As a matter of stay at this, not just this week and this lot of merit. fact, this is a part of the business of weekend but until we pass a bill. I have For example, in the amendment I of- legislation, trying to find and meld no doubt we will pass a bill. The point fered in committee, the AMTA pay- these competing interests. I am making is, it had better be one ment was somewhat over $5 billion. In In any event, we have that predica- the President will sign or at the end of the amendment we are looking at ment at the outset, which I admit. As the trail we will not have legislation. today, the House legislation, the I said at the beginning, I offered the We will have an issue. Members may AMTA payment is somewhat better amendment because I see this poten- say: The President was wrong; he than $4.6 billion—about $400 million tially as a way in which we will have a should not have done that. The Presi- less. Legislation offered by the distin- bill. I fear if we do not have a solution dent and his supporters will affirm that guished chairman of our committee, along those lines we will not have a he was absolutely right. Senator HARKIN, offers about $400 mil- bill. The net effect, however, for farmers lion more in the end. Let me go explicitly into the amend- listening to all of that, as we sort out If we take an example, for the corn ment that has been offered this morn- the relative praise and blame, will be farmer—and I admitted yesterday I am ing. As was suggested by our distin- that they have no money. That I start one—this is bad news. Moving from, guished Members of the House, whose the debate with and will probably re- say, $5.4 billion, or some such figure in letter I read, led by Congressmen STEN- peat several times because it is a very the AMTA payment, even to $5 billion HOLM, BOEHNER, and DOOLEY, on June critical element. is difficult, and $4.6 billion is very dif- 26, the House passed H.R. 2213, which If the House bill which I have offered ficult; likewise, wheat farmers, cotton provided for $5.5 billion in broad-based today as an amendment did not have a farmers, rice farmers. What goes on market loss assistance to the Nation’s lot of merit, I would not have taken here? In the old days, the only crops we farmers and ranchers. The assistance the step this morning to suggest to my were talking about were the program must be provided to farmers by Sep- colleagues they adopt something that crops as I outlined yesterday that was without the merit at least that I tember 30 of this year, the last day of started in the 1930s. That is the way it fiscal year 2001. believe it has. has been all these years. I want to offer, as introduction to the This market loss assistance is above Now suddenly, in a $5.5 billion bill discussion of this House bill and my and beyond $21.7 billion in payments in only $4.6-plus billion is devoted to us. amendment, a letter that was received fiscal year 2001 that the Congressional After all, we farm the majority of the yesterday by TRENT LOTT, our Repub- Budget Office now estimates is already acreage and, in terms of crops, the ma- lican leader. It was written by three being provided to farmers in this fiscal jority of the value. distinguished Members of the House of year under current law commodities Livestock producers would say: Wel- Representatives; namely, CHARLIE support and crop insurance programs. come. We were never in on the deal to STENHOLM, the distinguished ranking Excluding the new farm assistance we begin with. Program crops meant member of the Agriculture Committee are now considering, the Agriculture crops. They did not mean hogs and cat- from Texas; JOHN BOEHNER from Ohio; Department projects United States net tle and sheep. In fact, we will take a and CAL DOOLEY from California. They cash farm income for 2001 at $52.3 bil- essentially were authors and major ad- look at this situation. We are already lion, down $3 billion from last year’s vocates in the House of the legislation in some anxiety as, say, cattlemen and $55.3 billion. that finally emerged. They say: people who produce pork, as we heard As I mentioned in the debate yester- in our committee last week. It is our understanding the Senate will day, herein lies the reason at least the begin floor consideration this week on the What do these programs do to feed Budget Committees of the Senate and Fiscal Year 2001 Agricultural Supplemental costs? Is there an input problem for us the House allocated the $5.5 billion for Assistance bill. We are writing to urge the already in what agriculture commit- this year. They saw a gap. As I recall, Senate to stay within $5.5 billion provided tees have been doing cumulatively? We they estimated the gap then, in Janu- for FY2001 in the budget and to approve this thought there might be, and that would ary and February, at $3 billion or $4 measure immediately in order to provide the be bad news if one were getting no billion. With updated figures, we now assistance prior to September 30, 2001 as re- AMTA payment or consideration. In quired by the 2002 Budget Agreement. see an estimate that there is about a $3 As you know, the House reported a bill fact, we are seeing potential costs in- billion gap between the $52.3 billion in that will spend $5.5 billion to assist our crease in the programs to help various net cash income last year and what farmers and ranchers this fiscal year. After people. was expected for this year. much debate in the House Agriculture Com- My only point is within American ag- Farm income last year was supported mittee, we determined that spending more riculture there are many diverse, even by nearly $23 billion in direct payments than $5.5 billion would limit our flexibility competing, views among those who to farmers, which at that time was an as we write the 2002 Farm Bill. We believe produce livestock, feed livestock, and that if we spend more than the money al- all-time high. If we enact H.R. 2213, the lowed for fiscal year 2001, we will be bor- those who produce the feed. If there amendment I have offered, in a timely rowing against American agriculture’s best was one integrated operation, perhaps fashion, net cash farm income for this chance for a comprehensive safety net. it all works out, but as we have heard, year, based on the current USDA pro- Last week the House Agriculture Com- many farmers in America do one or an- jection, would rise to $57.8 billion, $2.5 mittee approved a landmark farm bill that other or various things. So they are all billion above last year’s level. We will will provide a safety net for our farmers, going to look at this bill and say: What have made up the $3 billion gap and ex- fund conservation at an unprecedented levels and renew our commitment to needy fami- is in this for us? ceeded that by $2.5 billion with a $5.5 lies. Passage of agricultural assistance legis- The amendment I have offered will be billion expenditure. lation beyond $5.5 billion will imperil these a disappointment in that respect be- H.R. 2213 provides for $4.622 billion in critical needs. cause it is a compromise. It suggests supplemental market loss payments.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8407 These are payments to producers en- year’s budget resolution for farm mar- granted, such voices will be heard com- rolled in the 1996 farm bill’s Agri- ket loss assistance. It does not touch ing from agricultural America to this culture Market Transition Act, the the $7.35 billion in fiscal year 2002 funds body. AMTA acronym. These farmers have that the budget resolution also pro- As I indicated at the outset, and the contracts, and the bill says the pay- vides either for supplemental farm as- reason I offer this amendment, this ments come to them throughout the sistance for the 2002 crops or to help amendment offers, I believe, the oppor- entirety of the 7 years of the bill. That the Agriculture Committee write a new tunity to get a result. The bill before is the AMTA payment, $4.622 billion. multiyear farm bill. That very state- the Senate today, which I have sought The second provision is $424 million ment is, of course, the source of some to amend, represents a very different in market loss payments to producers debate. There are Members who say: approach that came out of the Senate of soybeans and other oilseeds. My first Why not reach into the $7.35 billion? Agriculture Committee. The approach question on this provision was: How After all, it is there. The Budget Com- is that $1.976 billion in fiscal year 2002 will the $424 million in these market mittee certainly mentioned it. Perhaps would be spent in addition to the $5.5 loss payments to the soybean and oil- the Budget Committee, in mentioning billion in the current fiscal year. A sig- seed producers get to them by Sep- it, implied that the agricultural crisis nificant portion, therefore, of the fiscal tember 30? The answer to that ques- goes on next year. As a matter of fact, year 2002 budget authority is used to tion, and that will be roughly the same one can suggest the Budget Committee, fund this farm bill provision as opposed answer but I will be explicit all the in talking about over $70 billion pay- to the emergency that may arise next way through this list, is they are the ments over 10 years, implies the crisis year or the farm bill which presumably same producers who received the goes on forever, or at least for 10 years will come out of our committee and set money last year. almost at the same level of crisis, some charter philosophy for the future. It was not easy to make the pay- maybe with a a few ups and downs, $10 The House already passed such a bill. ments last year, and this called for an billion payment one year, $5 billion the We may or may not agree with it. In enormous amount of research and guid- next, and so forth. any event, they have a pretty full pic- ance through the whole process, but If we adopt this thinking, it makes ture now of their activities. the results of all of that activity are almost no difference when the money is The bill offered by the distinguished that there is now a list. The expedition spent because the crisis goes on and chairman of our committee, Senator of the payments will be the $424 million people think if you can’t pick it up in HARKIN, for example, provides $200 mil- goes to those same people and can be this bill, you might try the Agriculture lion for the wetlands reserve program, paid, if we make a decision to act this appropriations bill and find an emer- WRP; $250 million for the environ- week, by September 30. gency there to provide additional mental quality incentive programs, Next comes $159 million in assistance funds. EQIP; $40 million for the farmland pro- to producers of specialty crops such as Sponsored by Congressmen STENHOLM tection program; $7 million for the fruits and vegetables. Here we do not and BOEHNER, whom I mentioned be- wildlife habitat incentive program; $43 have lists of who received the money fore, the House bill finally represents a million for a variety of agricultural last year, and therefore the provision bipartisan compromise. It was not easy credit and rural development pro- in the House bill is there would be to come by. Stenholm-Boehner-Dooley, grams; and $3 million for agricultural grants to the States. Now, the States and others I have cited, had contending research. The outlays from some of will have to work out who gets the parties within the House Agriculture these programs would be spread over a money within their States, but for the Committee. Many people, as I read the number of years, well beyond fiscal purposes of this act the money is dis- debate, asked, What about us? They year 2002. pensed by the Federal Government to mentioned various considerations: if I mention these programs because I the States before September 30. There- we were sending money to farmers, support these programs. I have been a fore, technically, it is out of the Treas- they wanted their fair share, including major advocate for agricultural re- ury before the fiscal year ends and fits the brokering of all of that, with pay- search, not only of the formula grants within the $5.5 billion in that way. ments that could be made physically to our great universities but cutting- That implies a great deal more activ- edge research where anyone can com- ity, understandably, for equity for the by the end of this year. It was not an easy task. Neverthe- pete to try to go out after the most specialty crops as it goes to the various less, they mastered it in the House. It pervasive hunger problems on Earth, or States and farmers work with their came out of committee well over a go after production problems, genetic State governments. Then we have $129 million in market month ago. Their bill passed the House problems, the whole raft of things that loss assistance for tobacco. This goes of Representatives by voice vote. Per- are very important for humanity. I to quota holders, who are a well-known haps the House Members, by the time think we ought to be about this in a group, and payments have been made they listened to all of this debate, fig- very serious way. The EQIP program to these persons in the past. ured the Agriculture Committee people that I cited is extraordinarily impor- The next provision is $54 million in suffered enough; that they had under- tant. It is at least a way in which our market loss assistance for peanuts. gone the agonies and did not want a livestock producers can stay alive Likewise, there are quota holders for repetition. while meeting the requirements of the peanuts, a well-known list for these It is remarkable that this body takes EPA or other environmental consider- producers. The money can be paid to a very different view. It appears we are ations that impinge very markedly on them by September 30. going to have an extensive debate that their operations. As we consider the The same is true for the next provi- may go on for days. The House people farm bill in the Senate as a whole, I sion, $85 million in market loss assist- were able to do this by voice vote. One would be an advocate of doing a great ance for cotton seed; the same for $17 reason they did so is that they heard deal more. I have saluted our chair- million in market loss assistance for from farmers, they heard from their man, Senator HARKIN, for his cham- wool and mohair producers; the final constituents, and the farmers said: Get pionship of conservation programs. provision in the House bill is $10 mil- on with it; we don’t want an argument; Both the chairman and I, as we speak, lion in emergency food assistance sup- we understand you are doing your very are missing a hearing on conservation port. This emergency assistance sup- best. The House people understood programs and we regret that because port will go for commodities for the most of the Members on the floor of these are people who are in the field, school lunch programs and other im- the House were not farmers; they were championing things that we believe in portant and nutrition programs. Those advocates for farmers. They were doing very strongly. moneys will be spent before September the best for their constituents who There is an argument, which you will 30. These are the provisions of the were farmers, but at some point the hear in due course as the farm bill is House legislation. That is the total list constituents would say; don’t over- presented, between those who advocate of provisions. lawyer me; don’t over advocate me; try a lot more for conservation and maybe H.R. 2213 utilizes the full $5.5 billion to get on with a result because Sep- less for crop payments and subsidies of in fiscal year 2001 provided in this tember 30 is coming quickly. Now, that sort and much more for the EQIP

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8408 CONGRESSIONAL RECORD — SENATE July 31, 2001 program that helps livestock people lems of the bad weather one year, or so The President, the White House, and and maybe less for support of certain forth, affecting that abnormally. The others, have come to the conclusion crops. Those are the tradeoffs, again, net effect of that is, as a corn farmer, that this year is this year and we ought and the difficulties within the whole before I even planted the crop this to look at next year on its merits be- agricultural family that we finally year, I knew that x number of dollars cause any way you look at it, $2 billion have to face. But it would be very dif- were at the end of the trail—as a mat- borrowed from next year theoretically ficult to argue, in the sense that we are ter of fact, a pretty good number of could be spent for anything in Amer- attempting to get emergency money to those dollars that I could expect in a ica; there is no obligation to spend that farmers to pay the county banker and reasonably good year. That is a safety $2 billion on emergencies. For example, get the money to them by September net that is very substantial any way without getting into a debate that is 30, that these broad-gauged, important you look at it. deeper than I want to get today, by programs of research and conservation Many farmers may say: I have never next year people could say: In fact we for America belong in this particular heard of such a program. take very seriously the problem of pre- emergency supplemental bill. That is a part of our problem, the scription drugs for the elderly under Our distinguished Senators will offer: educational component, trying to un- Medicare. We take very seriously So- ‘‘They certainly do. And why not?’’ derstand what crop insurance and mar- cial Security reform. How are you folks And: ‘‘If we believe in them, why not keting strategies, and so forth, are all going to pay for that? do more of them?’’ And: ‘‘Why not about. For instance, once guaranteed We might say: Well, the $2 billion now?’’ this income from that cornfield, I could will never be missed. It was simply a Earlier in the debate I pointed out be alert for spikes in the market that part of a debate we had awhile back. one reason, as a practical matter, is come along and make forward sales of But every $1 billion is going to be that President Bush has said he will corn when prices were up. I am not be- missed when we come to those funda- veto the bill if it is more than $5.5 bil- holden to sit there and hope the Lord mental issues. lion. One way, perhaps, for the distin- will provide at the time I ship it in, in Agriculture is a part of this general guished Senator from Iowa to remedy the fall. So I can enhance that 85 per- amount of $1 trillion that the Presi- that is to downsize everything in his cent a whole lot. So can any corn farm- dent discussed in the State of the package to about five-sevenths of er in America who hears these words Union Address. As he outlined his as- where he is, get it under $5.5 billion. this morning and adopts such a policy. surance to the American people that But we in the Senate and the House But that, of course, then gets into an we have to be thoughtful about Medi- provided that. The President signed it argument between the people who want care, about Social Security, about edu- last year. One of the problems of it is more AMTA payments, crop payments, cation, and about health generally, he that it costs probably about $3 billion a as well as those who want to take care year. I mention that because that—we said there is still this contingency of of conservation and various other as- are not debating that this morning— about $1 trillion from which we make pects all in this same emergency bill flows right along. It is a part of the the reforms in Medicare, from which which is not a full-scale farm bill by base as well as these AMTA payments the supplementary legislation for pre- any means. that are made, regardless of what we scription drugs for the elderly come, As a result, we have that dilemma, do, or the loan deficiency payments Social Security reform, and agri- and I come down on the side of saying made at the elevator even as we speak. culture. we try to do the conservation, the re- So the safety net already is very There are a number of people in both search, the EQIP, and the farm bill as heavy. But I mention with those im- the House and the Senate committees opposed to the suggestion in this day’s provements—and I think they were who say we had better get busy because discussion. constructive ones—a part of our prob- when this general debate gets going, if Let me just comment further that, lem remains information dissemina- we have not pinned down the agri- with the program improvements we tion, education on marketing insur- culture money on all four corners for made in the Agricultural Risk Protec- ance strategies in the hope that farm- the next 10 years, Katy bar the door. tion Act of 2000—that was the very im- ers will take advantage of actions the People are likely to take a look at pri- portant debate on crop insurance—par- Congress has already taken. orities. ticipation in crop insurance has risen In addition, as to what we do today, I understand that. This $2 billion sharply, as we hoped it would. Without we will be hearing soon from the Agri- reaching across the line is not an egre- repeating even a portion of that impor- culture Subcommittee of the Appro- gious misstep. And clearly one can tant debate, the point of last year’s priations Committee. Typically, that argue the Budget Committee provided discussion about this time was that subcommittee takes a look at miscella- this liberal interpretation. But $2 bil- crop insurance can offer a comprehen- neous disasters of all sorts throughout lion is $2 billion, and it is an expendi- sive safety net. the United States. I cannot remember ture. The Senate must determine prior- For example, take once again a per- an Agriculture appropriations bill that ities; the House has. They have said sonal, anecdotal experience with my did not take into consideration weath- $5.5 billion, and the President said that corn and soybean crops. This year I er disasters. But sometimes there are is the only figure he is going to sign. have about 200 acres each on the Lugar other disasters. In other words, it pro- We may, once again, get into that kind farm in Marion County in Indiana. We vides still an additional safety net for of argument in behalf of farmers. We have taken advantage of the legislation events that seem extraordinary and be- are strong advocates for farmers. we talked about last year and we pur- yond anything we have considered or But farmers, by and large, will say: chased the 85-percent revenue protec- that could have been helped with crop Pass the bill and cut the checks be- tion. Very simply, this means that our insurance or any of our AMTA pay- cause we have an appointment with the agent takes a look at the last 5 years ments that flow whether or not you banker. You can have your argument of records of production and that gives even have a crop. when you come back. a pretty good baseline of what could be Overall, the bill of the distinguished It is a good argument for farmers as anticipated from those fields and, sim- Senator from Iowa, the underlying bill well as for other Americans. ply, we are guaranteed about 85 percent in this debate, provides $6.75 billion in The President’s advisers in advising of revenue based upon the average crop supplemental farm assistance for 2001 the President to veto this bill made a prices for those 5 years. At the present crops and $750 million in other spend- number of statements with regard to time, the average for the last 5 years is ing over 2 fiscal years. It leaves, now, the need for it at this time. This is an higher than the current price. It may $5.35 billion for the supplemental farm important part of the debate. Members, rise and meet that average. assistance of next year and very likely, in fact, yesterday got into this in a big So, as a corn farmer, for example, I in my judgment, will create a funding way. The most common way of getting know I am going to get 85 percent of a shortfall for that farm assistance. Sen- into this is for a Senator to address the higher price than in fact is the market ators can argue maybe no assistance Chair and say, I have been to this coun- now, at least on the average production will be required so why not try it this ty seat or that county seat or on my I have had. So I do not have the prob- year. But that is a value judgment. friend’s farm. Anybody who does not

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8409 understand the profound suffering and In the European case, we have been down—before we act—5.4 percent. And difficulty has just not been there and hit—not on the questions of price or in- we remedy that with the $5.5 billion we doesn’t have eyes to see. All over come but on biotechnology—with es- are about to adopt, I hope. If you take America people are in grave trouble. sentially all of our corn being exported a look at the balance sheet for agri- Each one of us from a farm State, as a and very few soybeans. That is a real culture, that is somewhat more prom- matter of fact, could cite hundreds of problem. ising. instances of farmers who are having se- Our export sales fell to $49 billion in Overall, the agricultural sector was vere difficulty. There is no doubt about 1999 but are forecast to increase to $53.5 strong throughout the year 2000, with that. I simply state that as a basic billion in 2001—an increase of $500 mil- part of that strength coming from premise for the debate. lion, as a matter of fact, over the fore- strong balance sheets. Assets in 2000— If there were any doubt about it, we cast by USDA in February—with live- the year previous—increased 3.6 per- would not be debating $5.5 billion of stock products, cotton, and soybeans cent and reached $1.12 trillion. Farm emergency payments on top of over $20 accounting for much of the gain over debt increased 4.1 percent to $183.6 bil- billion of support that Congress has al- the previous year. That is truly good lion. But farmers’ equity increased 1.4 ready voted. That is a lot of money, news. percent to $941.2 billion. For many ob- but I understand that a vast majority Export levels in 2001—the year we are servers that is astonishing. This being of Senators are in favor of legislation in—are still well below the record a year or 2 or 3 or 4, however you count that would be helpful in this respect. highs of 1996. Primarily in response to it, of an agricultural crisis, the net We are not talking about a situation in these problems that I have cited in worth of farmers as a whole has in- which the needs have not been per- Asia, and production increases by com- creased every year. It increases this ceived, but at the same time in reality peting exporters that sometimes are year as compared to last year. Total sometimes people can overstate this. becoming much better at the task, nev- farm debt has still stayed well under That is always dangerous to do. ertheless, sales appear to be increasing constraints at a very modest percent- I have found in meetings with farm- significantly. age of that overall equity. ers around my State that, by and large, During the first half of fiscal year During the mid-1990s, farm debt rose most people do not want to have a 2001, the surplus in U.S. agricultural steadily at $5 to $6 billion annually. cheerful meeting. There are not a lot of trade grew to $9.4 billion, almost $2 bil- That clearly is not the case as farmers good-news apostles coming forward and lion more than the same period last were much more prudent during this pointing out how well they are doing. year. Year-to-date exports are $32.4 bil- particular period. In fact, that is totally out of the ques- lion, $1.8 billion higher than they were The value of livestock and poultry, tion. during the same time period of last machinery, purchased inputs, and fi- I made a mistake at a meeting a year, primarily due to $1.5 billion in nancial assets are all expected to in- while back in pointing out that on my more shipments of high-value products. crease this year, but the value of farm we had made money for the last That includes significant gains in live- stored crops could decline modestly as 45 years without exception. You don’t stock and feed, but bulk commodities a part of that asset situation. do that, I found out. No one wants to have also contributed modestly to Farm operators and lenders learned hear that because, as a matter of fact, that. during the crisis of the 1980s that ill- it just isn’t true for most people. And Although the intermediate term out- advised borrowing cannot substitute they would say that for some it has look for agriculture is clearly uncer- for adequate cash flow and profits. In never been true for the 45 years. They tain at this point, it is clear that many addition to gains in farmland values, lost money for all of the 45 years, or at underlying farm economic conditions cautious borrowing has kept the sector least essentially that is the case. I hear are stronger this year than last year. sound. that. Farm cash receipts could be a record The farm sector equity growth con- On the other hand, let me say that high for 2001, driven primarily by a tinues. During the 2001 forecast, we see essentially there has been some modest nearly 7-percent increase in livestock a moderate increase in debt, suggesting improvement in agricultural America. sales while crop sales could increase by modest levels of new capital invest- For example, world markets that are as much as 1 percent. That scenario de- ments financed by debt, and a very low extremely important to the growth of pends on $15.7 billion in direct pay- incidence of farms borrowing their way the U.S. sector show some promise of ments from the Federal Government. out of cash flow problems. increase this year. That is amazing on Those taking a look at this situation I mention that because of testimony the face of it. The reason why our ex- could say that is still not the real mar- we heard from farmers who need the port sales fell out of bed 4 years ago ket. The sales are up because the Fed- $5.5 billion in our amendment. But at was not because we were not competi- eral Government already has put up the same time, they are paying back tive in this country. The price of rice $15.7 billion, and we are about to put up their loans. They are not in a crisis sit- and the quality were good, but anybody at least $5.5 billion more. But, never- uation with the country banker. And reading about the Asian economies un- theless, it is up rather than down. the country bankers need to make the derstands that they had severe banking As I pointed out earlier, if we had the loans because they do have a relatively difficulties. The IMF even to this day $5.5 billion in my amendment, we are sound market situation. has not been able to cure it in some in- clearly going to have a net cash income Land prices: Cash rents reinforce eco- stances. As a result, we lost about 40 situation that is at least $2.5 billion nomic strength and suggest investment percent of our exports to the Asian sec- stronger than last year. is profitable for many farmers. That tor in 1 year’s time. That was a big hit. The projected increase in sales for raises another issue because, in fact, That really meant that 10 percent of 2001 is projected to more than offset with land prices rising each year—and our exports overall vanished over- the decline in Government payments I cited yesterday sector by sector all night—not through any misdeed of and will boost gross cash income to over the country land prices have been American agriculture but because of $234 billion, up slightly with the bulk rising throughout this decade. The the lack of demand and lack of effec- of the increase from livestock. Net young farmer coming into this picture, tive money to buy it. Much of that has cash income is forecast to decline $3 trying to buy land or to rent land, with not yet been restored. There is always billion, as I pointed out earlier. That is rents going up every year, has raised the possibility. We wish that the Indo- why the $5.5 billion in my amendment some questions about our farm poli- nesian economy would get healthier in takes care of that, plus $52.3 billion for cies. a hurry. We are grateful for some good the year, albeit through the health of They have said: You folks in the Sen- news from Thailand and South Korea. the American taxpayers generally. ate and the House are busy sending The Japanese are always big customers Therefore, the outlook for 2001 farm payments to farmers. They are capital- but not any bigger. This is not an econ- income performance includes: izing that in the value of the land. omy that is growing. We all are work- Livestock sales, up 6.7 percent; Crop They are charging more rent. How are ing with our friends there to try to re- sales up 1 percent; gross cash income young farmers such as ourselves ever store some activity. up .1 percent; and net cash income going to get in the game?

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8410 CONGRESSIONAL RECORD — SENATE July 31, 2001 We say: We will try to give you some general views of some of these commit- matic solution—not my own bill, not low-cost loans. And the Presiding Offi- tees—and they are not all Ag Com- one that I find has extraordinary cer, from his background in finance, mittee people—they have other views. merit, but one that I believe has will immediately recognize that these Maybe the distinguished Senator will enough merit to be the basis for a good policies have some contradictions. On excise various items and try to get conclusion of a lot of difficulty in the one hand, we are doing our very these folks out of the picture. That farmland and a lot of difficulty we have best to boost income and the net would be helpful. as legislators. It is something to worth, the balance sheets. I pointed, I have suggested he might downsize broker all the interests of America into with pride, to the fact that we have all of his items by five-sevenths and this particular situation. some strength here. But it is not get it under $5.5 billion. Maybe that is At the appropriate time, I am hopeful strength to everybody. The competing a pragmatic solution to that. As he Members will vote in favor of the sectors, once again, are fairly obvious does so, of course, he will run into the amendment. I have been advised that once you get to the fissures in our farm same problem I have. He will run into there may in due course be a motion to policy. people who want a bigger AMTA pay- table my amendment. Some have sug- Nothing we do today will remedy ment, and say: By golly, I am not going gested that would offer at least a clue that problem specifically. We are talk- to vote for that bill unless the AMTA of the strength of how we are doing. I ing about an emergency. We are plug- payment is at least as it was last year hope that will not come too soon, be- ging in the net income, but it is all a and the year before. I can’t go home fore Members really have considered part of this picture of well over $20 bil- and see my cotton farmers and my corn what our options are, because I predict, lion of Federal payments and who gets farmers with anything less. Whether in the event my amendment is tabled them, how are they capitalized, how we have any money or not, I am going and no longer really is a viable possi- does that work out in balance sheets, to fight to the very last hour to get bility, almost all of the possibilities and for which farmers. that dollar, if I can. that follow are fairly grim. These are important issues. The Or you run into the so-called spe- If, for example, other amendments chairman of our committee has had to cialty crops people. Strawberry farm- should be adopted that are more than try to resolve that within the com- ers have said: We have not been in on $5.5 billion or the basic underlying bill, mittee. I salute him. As chairman for this business before. Why not? which is about 7.4, the odds of that be- the 6 previous years, I had that respon- Apple growers will say: We have a coming legislation are zero. Members sibility. It is not easy, as you take a special problem this year. Without need to know that at the outset. There look around the table just in the Ag some payments, it is curtains for us. has never been a more explicit set of Committee, quite apart from the Sen- It goes down through the line. So the messages from the White House before ate as a whole. Therefore, I have had chairman has to face all these people. we even start. One could say, well, let’s modest arguments in favor of the He has already promised the AMTA taunt the President; let’s sort of see amendment I offer today. It is clearly people that they get the same as last really what he wants to do. That is not not meant with the wisdom of Sol- year. That takes almost all the $5.5 bil- a very good exercise, given 3 days of re- omon. It is a pragmatic approach to lion. It is no wonder that the bill spills cess and the need for these checks by how we might get action on the Agri- beyond $5.5 billion. It is—without any September 30. culture bill as opposed to having a disrespect—a collection of the wish In addition, if my amendment fails, monumental argument for many hours lists of members of the Ag Committee this I suppose offers open season for and perhaps a veto at the end of the thrown together, listed ad seriatim. anybody who has an agricultural prob- trail. When you add up the total, it happens lem in America. If this is going to be a Let me just simply say that clearly to come to $7.4 billion-plus. failing exercise, why not bring up a the bill the Senator from Iowa has of- You can say: Why not? But I am sug- whole raft of disputes, try them on for fered is different from the House bill— gesting the ‘‘why not.’’ I think it is size, sort of test the body, and see what significantly different—and no less a fairly clear it does not come close to sort of support there is out there as a group than the White House people our friends in the House. It does not preliminary for the farm bill. This have pointed out the difference and income close to the requirements of the really offers spring training for argu- dicated the action they would take if President to sign the bill. Although it ments that might be out there in due that difference was not resolved. may satisfy Members who say we have course. We might try out a whole raft So my hope is that essentially Mem- to go home and say we did the very of dairy amendments, for example, try bers will gather as much of this to- best we could, that will not satisfy to resolve that extraordinary problem, gether as they wish and try to distill at American farmers who, in the end re- all on this bill with both sides pre- least the picture of agriculture in sult, do not get the money. dicting filibusters that curl your hair America that I have suggested and Let me just add, if there is anybody throughout the whole of August, not come to a conclusion that the amend- in this body with a perverse belief that just the whole of this week, or we could ment I have offered in a way—hope- we should be doing nothing here—in try out other experiments that have fully, with as much equity as possible other words, in his or her heart of been suggested as Members truly be- on both sides of the aisle, and for farm- hearts who says, why are we having an- lieve we ought to discuss the trade ers all over America—resolves our other farm debate; Is there no end of problems and work out priorities with problem. expenditure that is required?—if such a Social Security or Medicare and how It would be unseemly to try to point Member exists who perversely says, we do those things. out all the other scenarios that could these folks, out of their own Given the rules of the Senate, you happen if my amendment is not adopt- overlawyering and overadvocacy, will could say, why not? Is anybody going ed. But let me just describe very clear- kill each other off, the net result at the to say it is nongermane? Does anybody ly a part of the task ahead of us if we end of the day will be zero expenditure, really want to bring the thing to a con- do not adopt the House language. and that is a good result because that clusion? Whatever we adopt has to have a con- leaves $5.5 billion for something else in I simply do want to bring it to a conference. I have cited that the bill the life that is more important—there clusion. I am hopeful that after both Senate Agriculture Committee passed could be a problem. parties, both sides of the aisle, have the other day, maybe inadvertently, I suppose my suggestion would be, if considered the options, they will adopt appears to touch at least three dif- there is not a constructive majority on my amendment, and we will swiftly ferent House committees that have ju- my amendment, those folks will be join hands with the House and the risdiction over some of this material. interspersed with those purporting to President and give assurance to Amer- Maybe all of them will be happily coop- be friends of farmers and suggesting ican farmers, which, as I understand, erative in these final days, but I am more and more. The two extremes will was the beginning of our enterprise. not certain that is the case. finally get their wish, which is no bill. I thank the Chair and the Senate for As I take a look at the chairman- I am not one of them. In a straight- allowing me to make this extensive ships, the ranking members, and the forward way, we have offered a prag- presentation.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8411 I yield the floor. There has been modest improvement What the amendment from the Sen- The PRESIDING OFFICER. The Sen- in lifestock. We do not see improve- ator from Indiana would provide is $5.5 ator from North Dakota. ment in the program crops or the non- billion this year, period. It is not Mr. CONRAD. Mr. President, I rise to program crops, the things that are enough. It represents, according to the address the amendment offered by the really covered by this bill. Republican chairman of the Agri- Senator from Indiana, the distin- Let me go back to what the chairman culture Committee in the House, a bil- guished ranking member of the Senate of the Agriculture Committee in the lion dollar cut from what we did last Agriculture Committee, someone for House of Representatives said about year. That is not what we should do. whom I have enormous respect and lis- this very amendment, this precise leg- The House Agriculture Committee ten carefully when the Senator from islation, that is before us now. This is chairman went on in his report to say, Indiana speaks on a subject. He has al- the Republican chairman of the House those who championed this legislation, ways done his homework, and he has a Agriculture Committee. He said: H.R. as reported in the committee, argued clear view. In this circumstance, I re- 2213 as reported by the Agriculture in part a cut in help to farmers this gret to say I have a different view. Committee is inadequate in at least year is necessary to save money for a As I look at the history over the last two respects: rewrite of the farm bill, but the fly in 3 years of the assistance bills we have First, the assistance level is not suf- the ointment is many farmers are deep- passed in the Senate for agriculture in ficient to address the needs of farmers ly worried about whether they can these situations, this is a very modest and ranchers in the 2001 crop-year. make it through this year, let alone bill. In fact, it is significantly less than Second, the bill’s scope is too narrow, next year. we have passed in each of the last 3 leaving many needs completely That is what we are down to in farm years. unaddressed. country across America. We are down The amendment offered by the Sen- This is the Republican chairman of to a question of survival. In my State, ator from Indiana is precisely what the Agriculture Committee in the I have never seen such a loss of hope as passed in the House. It is exactly the House of Representatives talking about has occurred in the agricultural sector, legislation that comes to us from that the very legislation being offered by and it is the biggest industry in my body. The chairman of the House Agri- the ranking member of the Agriculture State. If one were out there and they culture Committee, the Republican Committee in the Senate today. were paying for everything they buy, chairman, has, in his written views on This is, again from the House Agri- all of the inputs they use, every input this bill, said it is inadequate, has culture chairman, at a time when real going up, up, and up —if this chart ex- pointed out that this bill would provide net cash income on the farm is at its tended to 2001, it would be more dra- $1 billion less than what we have lowest level since the Great Depres- matic—we would see the prices going passed in the last 3 years—$1 billion sion, and the cost of production is ex- up even further. less than what has been passed each of pected to set a record high. H.R. 2213, On the other hand, if we looked at the last 3 years to assist farmers at a that has precisely the same provisions the prices for everything one sold going time of real economic hardship. And as as are being offered by the Senator almost straight down, they would be the Republican chairman of the House from Indiana, cuts supplemental help hopeless, too. Agriculture Committee pointed out, to farmers by $1 billion from last year This chart does not show just the last this is at a time when farmers face the to this year. Hardest hit will be wheat, 6 months. This pattern of prices is lowest real prices since the Great De- corn, grain sorghum, barley, oats, up- since 1996. These are not KENT CON- pression. The hard reality here is that prices land cotton, rice, soybean, and other RAD’s numbers. These are the numbers for everything farmers buy have gone oilseed farmers since the cuts will from the U.S. Department of Agri- up, up, and away, especially energy come at their expense. culture. I say to my colleagues, if they are prices, and yet the prices they receive The pattern of the prices which farm- are at a 70-year low in real terms. That representing wheat farmers, if they are ers receive is virtually straight down, is the situation we confront today. representing corn farmers, grain sor- and the prices they pay have been That is the hard reality of what we ghum, barley, oats, rice, soybean, and going up, up, up. face today. The decision we have to other oilseed farmers, to vote for the I do not know what could be more make is, are we going to respond in a amendment of the Senator from Indi- clear. We have an obligation to help. serious way, or are we going to fail to ana is to cut assistance to their pro- We have an obligation to move this leg- respond? ducers at the very time they are suf- islation. We have a requirement to I hope very much that we will just fering from this circumstance. move this legislation this week, not look at the record. This chart depicts The prices they pay are increasing just through this Chamber but through it very well. The green line is the each and every year. The prices they the whole process. It has to be prices farmers paid for inputs. The red receive are plunging. conferenced with the House, and the is the prices farmers have received The House Agriculture Committee conference report has to be voted on from 1991 through 2000. Look at the cir- chairman went on to say, H.R. 2213, the before we go on break or we are going cumstance we have faced. The prices bill that was reported by the House to lose $5.5 billion. The money will be farmers have paid for inputs have gone committee, the identical language gone because the Congressional Budget up, up, and up. The prices farmers have which has been offered here, also fails Office has told us very clearly if this received have declined precipitously. to address the needs of dairy farmers, bill is not passed before we leave on That is the situation our farmers are sugar beet and sugar cane farmers, break, they will score this legislation, facing. We can either choose to respond farmers who graze their wheat, barley even though it is being passed in fiscal to that or we can fail. I hope we re- and oats, as well as farmers who are de- year 2001, as affecting 2002 because they spond. I hope we respond quickly be- nied marketing loan assistance either say the money cannot get out to farm- cause the Congressional Budget Office because they do not have an AMTA ers before the end of the fiscal year. has told us very clearly: If we fail to contract or because they lost beneficial It is all at stake in this debate we are respond this week, the money in this interest in their crops. having, and I urge my colleagues to bill will be scored as having been The House Agriculture chairman think very carefully about what they passed and effective in the year 2002. In went on to say, earlier this year, 20 do in these coming votes. effect, we would lose $5.5 billion avail- farm groups pegged the need in farm I will close the way I started, by re- able to help farmers. country for the 2001 crop-year at $9 bil- ferring to the report of the chairman There has been a lot of suggestion lion. We do not have $9 billion avail- from the House Agriculture Com- that things have been improving late- able to us. We have, under the budget mittee, who said very clearly the iden- ly. I don’t know exactly what they are resolution, $5.5 billion available to us, tical legislation, which is contained in talking about in terms of improve- and that is what the bill from the Agri- the amendment from the Senator from ment. We have searched the markets to culture Committee provides, $5.5 bil- Indiana, is inadequate. This is the Re- try to find where these improvements lion this year, $1.9 billion out of what publican chairman of the House Agri- are occurring. is available to us next year in 2002. culture Committee, and he calls the

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8412 CONGRESSIONAL RECORD — SENATE July 31, 2001 amendment being offered inadequate in and ranchers; second, the scope is too ciably improved for 2001, we support making at least two respects: First, the assist- narrow, leaving many needs completely market loss assistance available so that the ance level is not sufficient to address unaddressed. total amount of assistance available through He points out that earlier this year 20 the 2001 Agricultural Market Transition Act the needs of farmers and ranchers in payment and the Market Loss Assistance the 2001 crop-year. farm groups pegged the need for the payments will be the same as was available Second, the bill’s scope is too narrow, 2001 crop-year at $9 billion. The farm- for the 2000 crop. We understand it is unusual leaving many needs completely ers represent, according to LARRY COM- to ask that funds to be made available in the unaddressed. BEST’s letter, the views of 17 members current fiscal year be provided in a budget Finally, he said, clearly this legisla- of the Agriculture Committee. The resolution covering the next fiscal year, but tion, precisely what we are going to be farmers they represent had every rea- the financial stress in U.S. agriculture is ex- voting on in the Senate, cuts supple- traordinary. son to believe the help this year would According the USDA and other prominent mental help to farmers by $1 billion be at least comparable to the help Con- agriculture economists, the U.S. agricultural from last year to this year. We are cut- gress provided last year. Producers who economy continues to face persistent low ting at the time we see a desperate sit- graze their wheat, barley, and oats, as prices and depressed farm income. According uation in farm country all across well as producers who are denied mar- to testimony presented by USDA on Feb- America. It does not make sense. It is keting loan assistance—either because ruary 14, 2001, ‘‘a strong rebound in farm not what we should do. We ought to re- they do not have an AMTA crop or prices and income from the market place for ject the amendment by the Senator they lost beneficial interest in their major crops appears unlikely . . . assuming from Indiana. no supplemental assistance, net cash farm crops—need help, too. income in 2001 is projected to be the lowest I thank the Chair, and I suggest we As this process moves forward, the level since 1994 and about $4 billion below the move forward. letter continues, we will work to build average of the 1990’s.’’ The USDA statement The PRESIDING OFFICER. The Sen- a more sturdy bridge over this year’s also said . . .’’ (a) national farm financial ator from Iowa. financial straits, straits that may oth- crisis has not occurred in large part due to Mr. HARKIN. Mr. President, I thank erwise threaten to separate many record government payments and greater off- the distinguished chairman of the farmers from the promise of the next farm income.’’ Budget Committee for pointing out the farm bill. In addition to sluggish demand and chron- letter we received from the Office of If all we are going to do is adopt the ically low prices, U.S. farmers and ranchers are experiencing rapidly increasing input Management and Budget, which is not farm bill the House passed, there is no costs including fuel, fertilizer and interest signed, but it is from the Office of Man- bridge. They are saying they hope the rates. According to USDA, ‘‘increases in pe- agement and Budget and says: ‘‘The Senate might do something else so we troleum prices and interest rates along with President’s senior advisers would rec- can work on building that bridge. higher prices for other inputs, including ommend he veto the Senate bill we A letter dated March 13, 2001, to the hired labor increased farmers’ production ex- have before us based upon improve- Honorable PETE DOMENICI, chairman of penses by 4 percent or $7.6 billion in 2000, and ments in agricultural markets. Strong- the Committee on the Budget, is signed for 2001 cash production expenses are fore- er livestock and crop prices means that by 21 Members of the Senate on both cast to increase further. At the same time, major crop prices for the 2000–01 season are the need for additional Federal assist- sides of the aisle: Senators COCHRAN, expected to register only modest improve- ance continues to diminish.’’ HUTCHISON, BREAUX, LANDRIEU, BOND, ment from last year’s 15–25 year lows, re- I grant that livestock prices are a lit- SESSIONS, LINCOLN, SHELBY, BUNNING, flecting another year of large global produc- tle bit higher. Are crop prices better HELMS, MCCONNELL, CRAIG, CLELAND, tion of major crops and ample stocks.’’ than last year? Yes, but last year was INHOFE, THURMOND, FITZGERALD, MIL- During the last 3 years, Congress has pro- a 15-year low. So it has come up a little LER, FRIST, THOMAS, HUTCHINSON, and vided significant levels of emergency economic assistance through so-called Market bit. We are still at a 10- or 12-year low HAGEL. in crop prices. Simply because they It says: Loss Assistance payments and disaster assistance for weather related losses. During were a little bit better than last year’s Specifically, since conditions are not ap- the last three years, the Commodity Credit disastrously low prices does not mean preciably improved for 2001, we support mak- Corporation has provided about $72 billion in we don’t have a need for additional ing market loss assistance available so that economic and weather related loss assistance farmer assistance. We do need it des- the total amount of assistance available and conservation payments. The Congres- perately. through the 2001 Agricultural Market Tran- sional Budget Office and USDA project that It seems to me if that is the advice sition Act payment and the Market Loss As- expenditures for 2001 will be $14–17 billion sistance payments will be the same as was without additional market or weather loss the President is getting, he is getting available for the 2000 crop. bad advice. I hope the President—he is assistance. With projections that farm in- Further, the letter says: come will not improve in the near future, we the President; he does make the final believe it is vitally important to provide at decision—will look at the low crop In addition to sluggish demand and chronically low prices, U.S. farmers and ranchers least as much total economic assistance for prices we have all over America, and are experiencing rapidly increasing input 2001 and 2002 as was provided for the 2000 not only low crop prices, that is just costs including fuel, fertilizer and interest crop. looking at one thing. Crop prices may rates. Congress has begun to evaluate replace- be marginally better than last year, ment farm policy. In order to provide effec- Further reading from the letter: tive, predictable financial support which also but the input costs have skyrocketed. With projections that farm income will not We all know what has happened to allows farmers and ranchers to be competi- improve in the near future, we believe it is tive, sufficient funding will be needed to fuel prices and fertilizer prices. They vitally important to provide at least as allow the Agriculture Committee to ulti- have skyrocketed. So the gap between much total economic assistance for 2001 and mately develop a comprehensive package what the farmer is receiving and what 2002 as provided for the 2000 crop. covering major commodities in addition to he is paying out continues to widen, as I ask unanimous consent this be livestock and specialty crops, rural develop- indicated in the chart of the distin- printed in the RECORD. ment, trade and conservation initiatives. guished Senator from North Dakota. There being no objection, the letter Until new legislation can be enacted, it is es- The President’s advisers do not real- was ordered to be printed in the sential that Congress provide emergency ly know what is happening in farm economic assistance necessary to alleviate RECORD, as follows: the current financial crisis. country. U.S. SENATE, We realize these recommendations add sig- The Senator from North Dakota read Washington, DC, March 13, 2001. nificantly to projected outlays for farm pro- from the report of the Agriculture Hon. PETE V. DOMENICI, grams. Our farmers and ranchers clearly pre- Committee. I reemphasize that the Chairman, Committee on the Budget, U.S. Sen- fer receiving their income from the market. chairman of the House Agriculture ate, Washington, DC. However, while they strive to further reduce Committee, a Republican, LARRY COM- DEAR PETE: We are writing to request your costs and expand markets, federal assistance assistance in including appropriate language BEST from Texas, along with 17 mem- will be necessary until conditions improve. in the FY02 budget resolution so that emer- We appreciate your consideration of our bers of the House Agriculture Com- gency economic loss assistance can be made views. mittee, said their bill was inadequate available for 2001 and 2002 or until a replace- Sincerely, for two reasons: One, it is not suffi- ment for the 1996 Farm Bill can be enacted. Thad Cochran, John Breaux, Kit Bond, cient to address the needs of farmers Specifically, since conditions are not appre- Blanche Lincoln, Jim Bunning, Mitch

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8413 McConnell, Max Cleland, Strom Thur- lutely right, there is nothing in the did put in about 7 percent, if I am not mond, Zell Miller, Craig Thomas, House bill providing any help for the mistaken—a little over 7 percent. The Chuck Hagel, Tim Hutchinson, Mary tremendous loss, 30-some percent loss, Lugar amendment gives zero for con- Landrieu, Jeff Sessions, Richard that apple producers have experienced servation—zero. Shelby, Jesse Helms, Larry Craig, Again, these are family farmers. James Inhofe, Peter Fitzgerald, Bill in this country. We are talking about Frist, Kay Bailey Hutchison. apple producers from Oregon, from Many of these farmers do not get the AMTA payments that go out, but they Mr. HARKIN. The bill reported from Washington, Michigan, to Maine, Mas- are farmers nonetheless and they need the Agriculture Committee meets ev- sachusetts, New York, Pennsylvania, help. Certainly we need to promote erything in this letter, signed by all all who experienced tremendous losses. conservation because a lot of these these Senators, sent to Senator DOMEN- Under the AMTA payment system, farms simply will lie dormant if we do ICI. We have met the need. We have they don’t get money, but they are provided for the same market loss as- farmers. They are farmers. not provide this assistance in this bill. There are two other things I want to sistance payment this year as provided Many are family farmers and they point out. I have a letter I received last year. need help, too. So I think, I say to my today from some Members of the The House bill that Senator LUGAR friend from Michigan, what LARRY has introduced as an amendment pro- COMBEST and the 17 others who signed House—two Members. The House bill vides 85 percent of what was provided the ‘‘additional views’’ on the House passed by 1 vote. The House Agricul- last year; the Agriculture Committee bill said was that the bill was too nar- tural Committee passed out the Lugar bill provides 100 percent. I hope Sen- row in scope. There are a lot of other amendment. What Senator LUGAR is ators who sent this letter earlier to farmers in this country who are hurt- putting out there is the House Agri- Senator DOMENICI recognize we met ing, who need some help. culture Committee bill. It passed by 1 these needs; we provided 100 percent, So, yes, I say to my friend from vote. I have a letter from two members exactly what they asked for, the same Michigan, we provided $150 million in of that committee who voted on the as available for the 2000 crop. there to help our apple farmers. That is prevailing side. Listen to what they As Senator CONRAD pointed out, the a small amount compared to the $7.5 said: gap, as pointed out in the letter, in billion in the total package. But it is DEAR CHAIRMAN HARKIN: Although we sup- rapidly increasing input costs, fuel, fer- very meaningful. It will go to those ported H.R. 2213—The Crop-Year 2001 Agri- tilizer, and high interest rates, still cultural Economic Assistance Act—as it apple producers, and it will save them passed the House of Representatives, we ap- means farmers have a big gap out there and keep a lot of them in business for plaud the comprehensive approach you have between prices they are receiving and next year, I say to my friend from taken in the aid package passed by the Sen- what they are paying out. Michigan. ate Agriculture Committee to address the Ms. STABENOW. Will the Senator I especially want to thank the Sen- many diverse needs of agricultural and rural yield? ator from Michigan for bringing this to communities. By including additional funding for con- Mr. HARKIN. I am delighted to yield our attention. To be frank, I don’t have to my colleague from Michigan, a valu- servation programs, nutrition, rural develop- a lot of apple growers in Iowa. We have able member of the Agriculture Com- ment and research, many farmers in rural a few, but not to the extent of many mittee. communities who do not benefit from the Ms. STABENOW. I take a moment to other States. It was through the inter- traditional commodity programs will receive assistance this year. In particular, the $542 thank the chairman for his leadership cession and the great work done by the Senator from Michigan that this was million you included for conservation pro- in putting forward a bill that is bal- grams will help reduce the $2 billion backlog anced and that meets the criteria laid brought to our attention, the terrible plight of our apple farmers all over of applications from farmers and ranchers out, the needs expressed by Members who are waiting for USDA assistance to pro- on both sides of the aisle. I thank the America. I thank her for sticking up tect farm and ranchland threatened by Senator for putting together a package for our family farmers. sprawling development and critical wetlands addressing those crops that are not I just have a couple of other things. and riparian areas for wildlife habitat, water considered program crops but are in se- The Lugar amendment, the House bill, quality, and floodplains. vere financial situations. strikes out all the money we have for Signed by Representative RON KIND One example in the great State of conservation. It strikes all the con- and Representative WAYNE GILCHREST. Michigan, among many, are our apple servation money out. Earlier this I ask unanimous consent that letter growers who have needed assistance year—June 14 of this year—130 Mem- be printed in the RECORD. and received assistance—late but did bers of the House of Representatives, There being no objection, the letter receive assistance—last year. I am including many members of the House was ordered to be printed in the deeply concerned when we hear as Agriculture Committee, wrote a letter RECORD, as follows: much as 30 percent of the apple growers to Chairman COMBEST and Ranking WASHINGTON, DC, in this country will not make it past Member STENHOLM. They said: July 31, 2001. this season. If we are to look at their We believe conservation must be the cen- Hon. TOM HARKIN, needs for, not the fiscal year, but as terpiece of the next farm bill. Chairman, Senate Committee on Agriculture, Washington, DC. the Senator eloquently stated in the They talk about the farm bill, but, DEAR CHAIRMAN HARKIN: Although we sup- past, the crop year, and the needs of they said: ported H.R. 2213—The Crop Year 2001 Agri- the farmers, it means the version that We should not leave farmers waiting while culture Economic Assistance Act—as it came from the Senate committee needs a new farm bill is debated. We urge you to passed the House of Representatives, we ap- to be the version adopted. work with the House Appropriations Com- plaud the comprehensive approach you have I ask my esteemed chairman, it is my mittee to increase FY 2002 annual and sup- taken in the aid package passed by the Sen- understanding in the amendment be- plemental funding for voluntary incentive- ate Agriculture Committee to address the fore the Senate, there is not a specific based programs. In particular, we urge you many diverse needs of agriculture and rural loss payment for apple growers; is that to use 30 percent of emergency funds to help communities. We look forward to working with you to reconcile the competing meas- correct? I could address other specialty farmers impacted by drought, flooding and rising energy costs, through conservation ures in order to ensure that we meet the di- needs in dairy, sugar, and a whole programs. Currently, demand for the Envi- verse needs of both our family farmers and range of needs in the great State of ronmental Quality Incentives Program ex- the overall environment. Michigan, but is it true that this does ceeds $150 million. Demand for the Farmland By including additional funding for con- not, as the Senate Agriculture Com- Protection Program exceeds $200 million, de- servation programs, nutrition, rural develop- mittee bill does, put forward dollars mand for the Wetlands Reserve Program ex- ment and research, many farmers and rural specifically for our apple growers? It is ceeds $350 million, and demand for the Wild- communities who do not benefit from the my understanding this amendment life Habitat Incentives Program exceeds $150 traditional commodity programs will receive million. assistance this year. In particular, the $542 adopted by the House of Representa- million you included for conservation pro- tives would not address the serious That is signed by 130 Members of the grams will help reduce the $2 billion backlog needs of America’s apple growers. House. of applications from farmers and ranchers Mr. HARKIN. I respond to my col- I have to be honest; we didn’t meet 30 who are waiting for USDA assistance to pro- league from Michigan, she is abso- percent of the emergency funds but we tect farm and ranchland threatened by

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8414 CONGRESSIONAL RECORD — SENATE July 31, 2001 sprawling development and critical wetlands I urge you to ensure that the bill reported ly due to higher livestock prices, not most of and riparian areas for wildlife habitat, water out of the Senate retain these vitally impor- American agriculture,’’ Stallman said. quality, and floodplains. tant resources and look forward to working ‘‘And, costs are rising for all farmers and Earlier this year, 140 House members with you to ensure that any bill sent to the ranchers due to problems in the energy in- called on the House Agriculture Committee President is similarly cognizant of the broad dustry that are reflected in increased costs to ‘‘not leave farmers waiting while a new array of issues before the Agricultue Com- for fuel and fertilizer. Farmers and ranchers farm bill is debated’’ and instead allocate 30 mittees of the House and the Senate. who produce grain, oilseeds, cotton, fruits percent of emergency funding to conserva- Sincerely, and vegetables need help and that assistance tion programs this year. Your conservation EVA M. CLAYTON, is needed soon.’’ package will maintain critical conservation Member of Congress. Mr. HARKIN. I have a letter dated programs before the farm bill is reauthor- Mr. HARKIN. These are two people ized. Without this additional funding, the July 11 from the National Association who voted for the House-passed bill, of Wheat Growers that said: Wetlands Reserve Program, Farmland Pro- which only passed by 1 vote, I might tection Program, and Wildlife Habitat Incen- However, given current financial condi- tives Program would cease to operate. It is add. tions, growers cannot afford the reduced our hope that the conferees will view con- So I would say there is a lot of sup- level of support provided by the House in servation programs favorably during con- port in the House of Representatives H.R. 2213. Wheat farmers across the nation ference proceedings. for what we have done in the Senate are counting on a market loss payment at We believe this short-term aid package Agriculture Committee. I believe what the 1999 PFC rate. Thank you for your lead- should reflect the needs of all farmers in this we have done truly does provide that ership and support. country and set the tone for the next farm bridge. Dusty Tallman, President of the National bill by taking a balanced approach to allo- I will close this part of my remarks Association of Wheat Growers. cating farm spending among many disparate by just saying we have a limited What is in our bill provides to wheat needs. amount of time. We need to get this farmers across the country a market Sincerely, RON KIND, bill out. We need to go to conference, loss payment at the same rate they got WAYNE GILCHREST, which we could do tomorrow. If we can in 1999. Members of Congress. get this bill done today, we can go to I ask unanimous consent that letter Mr. HARKIN. Then I have a letter conference tomorrow. I believe the con- be printed in the RECORD. also today saying: ference would not last more than a There being no objection, the letter couple of hours, and we could have this DEAR SENATOR HARKIN: I am writing to you was ordered to be printed in the today to express my support for the com- bill back here, I would say no later RECORD, as follows: prehensive approach you have taken in draft- than late Wednesday, maybe Thursday, NATIONAL ASSOCIATION ing the Senate agricultural economic assist- for final passage, and we could send it OF WHEAT GROWERS, ance bill. In providing important funds for to the President. Washington, DC, July 11, 2001. nutrition and conservation, the agriculture I believe his senior advisers notwith- Hon. TOM HARKIN, economic assistance package recognizes that standing, the President would listen to Chairman, Senate Agriculture Committee, the jurisdiction of the Agriculture Com- the voices here in the House and the Washington, DC. mittee goes beyond the critically important Senate as to what is really needed. DEAR CHAIRMAN HARKIN: As President of task of providing economic support for pro- I also ask unanimous consent to the National Association of Wheat Growers ducers of commodities. (NAWG), and on behalf of wheat producers I urge you to ensure that the bill reported print a news release in the RECORD that across the nation, I urge the Committee to out of the Senate retain these vitally impor- was put out by the American Farm Bu- draft a 2001 agriculture economic assistance tant resources and look forward to working reau Federation dated June 21. It says: package that provides wheat producers with with you to ensure that any bill sent to the The House Agriculture Committee’s deci- a market loss payment equal to the 1999 Pro- President is similarly cognizant of the broad sion to provide only $5.5 billion in a farm reduction Flexibility Contract (AMTA) pay- array of issues before the Agriculture Com- lief package ‘‘is disheartening and will not ment rate. mittees of the House and Senate. provide sufficient assistance needed by many NAWG understands Congress is facing dif- EVA M. CLAYTON, Member of Congress. farm and ranch families,’’ said American ficult budget decisions. We too are experi- I ask unanimous consent this letter Farm Bureau Federation President Bob encing tight budgets in wheat country. While be printed in the RECORD. Stallman. wheat prices hover around the loan rate, There being no objection, the letter We believe the needs exceed $7 billion. PFC payments this year have declined from was ordered to be printed in the This is according to Mr. Stallman, $0.59 to $0.47. At the same time, input costs have escalated. Fuel and oil expenses are up RECORD, as follows: president of the American Farm Bu- reau Federation. 53 percent from 1999, and fertilizer costs have WASHINGTON, DC, I ask unanimous consent that be risen 33 percent this year alone. July 31, 2001. Given these circumstances, NAWG’s first Hon. TOM HARKIN, printed in the RECORD. priority for the 2001 crop year is securing a Chairman, Committee on Agriculture, Nutrition, There being no objection, the mate- market loss payment at the 1999 PFC rate. and Forestry, Russell Senate Office Build- rial was ordered to be printed in the We believe a supplemental payment at $0.64 ing, Washington, DC. RECORD, as follows: for wheat—the same level provided in both DEAR SENATOR HARKIN: I am writing to you FARM BUREAU DISAPPOINTED IN HOUSE 1999 and 2000—is warranted and necessary to today to express my support for the com- FUNDING FOR FARMERS provide sufficient income support to the prehensive approach that you have taken in WASHINGTON, DC, June 21, 2001.—The House wheat industry. drafting the Senate agriculture economic as- Agriculture Committee’s decision to provide NAWG has a history of supporting fiscal sistance bill. In providing important funds only $5.5 billion in a farm relief package ‘‘is discipline and respects efforts to preserve for nutrition and conservation, the agri- disheartening and will not provide sufficient the integrity of the $73.5 billion in FY02– culture economic assistance package recog- assistance needed by many farm and ranch FY11 farm program dollars. However, given nizes that the jurisdiction of the Agriculture families,’’ said American Farm Bureau Fed- current financial conditions, growers cannot Committee goes beyond the critically impor- eration President Bob Stallman. afford the reduced level of support provided tant task of providing economic support for ‘‘We believe needs exceed $7 billion,’’ by the House in H.R. 2213. Wheat farmers producers of commodities. Stallman said. ‘‘The fact is agricultural across the nation are counting on a market In providing funds for important nutrition commodity prices have not strengthened loss payment at the 1999 PFC rate. programs such as the Senior Farmers Mar- since last year when Congress saw fit to pro- Thank you for your leadership and support. ket and the Emergency Food Assistance Pro- vide significantly more aid.’’ Sincerely, gram, the Committee acknowledges its re- Stallman said securing additional funding DUSTY TALLMAN, sponsibility to ensure that American chil- will be a high priority for Farm Bureau. He President. dren live free from the specter of hunger. Ad- said the organization will now turn its atten- Mr. HARKIN. I have a letter from the ditionally, by providing important resources tion to the Senate and then the House-Sen- for farmland conservation and environ- ate conference committee that will decide National Corn Growers Association: mental incentive payments, the Committee the fate of much-needed farm relief. DEAR CHAIRMAN HARKIN: We feel strongly recognizes the important fact that the deg- ‘‘Four years of low prices has put a lot of that the Committee should disburse these radation of our natural resoruces and the pressure on farmers. We need assistance to limited funds in a similar manner to the decay of vitally important water quality and keep this sector viable,’’ the farm leader FY00 economic assistance package—address- farmland are emergencies that affect our said. ing the needs of the 8 major crops—corn, rural communities and thus are deserving of ‘‘We’ve been told net farm income is rising wheat, barley, oats, oilseed, sorghum, rice our immedate attention. but a closer examination shows that is large- and cotton. . . .

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8415 Again, we urge the Committee to allocate well as to oilseeds, peanuts, sugar, honey, icy for the future, today’s needs for assist- the market loss assistance payments at the cottonseed, tobacco, specialty crops, pulse ance are still great. We hope for swift action FY99 production flexibility contract pay- crops, wool and mohair, dairy and apples. to help America’s farmers and ranchers.’’ ment level for program crops. The Senate package is expected to move to Mr. HARKIN. Madam President, I Our bill does exactly that. The House floor consideration at anytime, where Sen. have another letter, dated today, from bill only puts in 85 percent. Thad Cochran (R–MS) may offer an amend- the American Farm Bureau Federa- I ask unanimous consent the letter ment to curb the overall spending while tion: maintaining emergency spending for the from the National Corn Growers Asso- major commodities. DEAR SENATOR HARKIN: The American ciation be printed in the RECORD. Because the aid packages passed by the Farm Bureau Federation supports at least There being no objection, the letter Senate and House are markedly different, a $5.5 billion in supplemental Agricultural ws ordered to be printed in the RECORD, conference committee will be scheduled to Market Transition Act payments and $500 craft a compromise. million in market loss assistance payments as follows: for oilseeds as part of the emergency spend- ‘‘This development places even more pres- NATIONAL CORN GROWERS ASSOCIATION, ing package for crop year 2001. Washington, DC, July 23, 2001. sure on Congress to act expeditiously, be- Our bill does that. Senator LUGAR’s Hon. TOM HARKIN, cause any aid package approved by Congress Chairman, Senate Committee on Agriculture, must be done soon so that the USDA can cut amendment does not. Russell Senate Office Building, Washington, checks and mail them to farmers before fis- They state further: DC. cal year ends on September 30, 2001,’’ said We also believe it is imperative to offer as- DEAR CHAIRMAN HARKIN: We write to urge National Corn Growers Association (NCGA) sistance to peanut, fruit and vegetable pro- you to take immediate action on the $5.5 bil- Vice President of Public Policy Bruce ducers. In addition, it is crucial to extend lion in funding for agricultural economic as- Knight. the dairy price support in this bill since the sistance authorized in the FY01 budget reso- Mr. HARKIN. Madam President, I current program will expire in less than two lution. months. have a release from the National Farm- All over this country agriculture has been The fiscal year 2001 budget resolution au- ers Union, in which they say: thorized $5.5 billion in economic assistance facing historic low prices and increasing pro- for those suffering through low commodity The National Farmers Union today ap- duction costs. prices in agriculture. However, these funds plauded the Senate Agriculture Committee I ask unanimous consent that this must be dispersed by the US Department of on its approval of $7.4 billion in emergency letter, dated today, from Mr. Bob Agriculture by September 30, 2001. We are assistance for U.S. agriculture producers. Stallman, president of the American very concerned that any further delay by I ask unanimous consent that the Farm Bureau Federation, be printed in Congress concerning these funds will se- material be printed in the RECORD. the RECORD. verely hamper USDA’s efforts to release There being no objection, the mate- Again, I point out that our bill meets funds and will, in turn, be detrimental to rial was ordered to be printed in the these needs. The House bill does not. producers anxiously awaiting this relief. We feel strongly that the Committee RECORD, as follows: Our bill provides the assistance to pea- should disperse these limited funds in a simi- FARMERS UNION COMMENDS SENATE ON nut, fruit, and vegetable producers, and lar manner to the FY00 economic assistance EMERGENCY ASSISTANCE PACKAGE we do, indeed, extend the dairy price package—addressing the needs of the eight WASHINGTON, DC, July 25, 2001.—The Na- support program beyond its expiration major crops—corn, wheat, barley, oats, oil- tional Farmers Union (NFU) today ap- date in 2 months. seeds, sorghum, rice and cotton. It is these plauded the Senate Agriculture Committee There being no objection, the letter growers who have suffered greatly from the on its approval of $7.4 billion in emergency was ordered to be printed in the last two years of escalating fuel and other assistance for U.S. agriculture producers. RECORD, as follows: input costs. The expectation of these pro- The bill provides supplemental income as- AMERICAN FARM gram crop farmers is certainly for a continu- sistance to feed grains, wheat, rice and cot- BUREAU FEDERATION, ation of the supplemental AMTA at the 1999 ton producers as well as specialty crop pro- level. ducers. The Senate measure provides the Washington, DC, July 31, 2001. Hon. TOM HARKIN, Again, we urge the Committee to allocate needed assistance at the same levels as last the market loss assistance payments at the year and is $2 billion more than what is pro- Chairman, Agriculture, Nutrition, and Forestry FY99 production flexibility contract pay- vided in a House version of the measure. Committee, U.S. Senate, Russell Senate Of- ment for program crops. We feel strongly NFU urges expeditious passage by the full fice Building, Washington, DC. DEAR SENATOR HARKIN: The American that Congress should support the growers Senate and resolution in the House/Senate Farm Bureau Federation supports at least getting hit hardest by increasing input costs. conference committee that adopts the much $5.5 billion in supplemental Agricultural Sincerely, needed funding at the Senate level. Market Transition Act payments and $500 LEE KLEIN, ‘‘We commend Chairman Tom Harkin for million in market loss assistance payments President. his leadership in crafting this assistance for oilseeds as part of the emergency spend- Mr. HARKIN. Madam President, I package,’’ said Leland Swenson, president of ing package for crop year 2001. We also be- have another piece from the National NFU. ‘‘We are pleased that members of the lieve it is imperative to offer assistance to Corn Growers Association in which committee have chosen to provide funding peanut, fruit and vegetable producers. In ad- that is comparable to what many farmers re- dition, it is crucial to extend the dairy price they say the National Corn Growers quested at the start of this process. This Association is optimistic about the support in this bill since the current pro- level of funding recognizes the needs that gram will expire in less than two months. Senate Agriculture Committee’s $7.5 exist in rural America at a time when farm- All over this country agriculture has been billion emergency aid package. ers face continued low commodity prices for facing historic low prices and increasing pro- I ask unanimous consent that this be row and specialty crops while input costs for duction costs. These challenges have had a printed in the RECORD. fuel, fertilizer and energy have risen rapidly significant effect on the incomes of U.S. pro- There being no objection, the mate- over the past year.’’ ducers. At the same time, projections of im- rial was ordered to be printed in the The Senate Agriculture Committee ap- provement for the near future are not very proved the Emergency Agriculture Assist- RECORD, as follows: optimistic. We appreciate your leadership in ance Act of 2001 that provides $7.4 billion in providing assistance to address the low-in- [From NCGA News, July 26, 2001] emergency assistance to a broad range of ag- come situation that U.S. producers are cur- NCGA OPTIMISTIC ABOUT SENATE AGRI- riculture producers and funds conservation rently facing. CULTURE COMMITTEE $7.5 BILLION EMER- programs. It also provides loans and grants We thank you for your leadership and look GENCY AID PACKAGE to encourage value-added products, com- forward to working with you to provide as- The Senate Agriculture Committee yester- pensation for damage to flooded lands and sistance for agricultural producers. day approved a $7.5 billion emergency aid support for bio-energy-based initiatives. The Sincerely, package for farmers in the current fiscal funding level is the same as what was pro- BOB STALLMAN, year, championed by Chairman Tom Harkin vided last year and is comparable to what President. (D–IA). NFU had requested in order to meet today’s Mr. HARKIN. Madam President, I A substitute amendment offered by Rich- needs for farmers and ranchers. The House have a letter from the Food and Re- ard Lugar (R–IN), ranking member, failed by proposal provides $5.5 billion. search Action Center. a vote of 12–9. Lugar sought an aid package ‘‘We now urge the full Senate to quickly totaling $5.5 billion, similar to what the pass this much-needed assistance package,’’ We urge you to continue your leadership in House Agriculture Committee passed in late Swenson added. ‘‘It is vital that the House/ support for the nutrition programs contained in S. 1246. June. Senate conference committee fund this The package approved yesterday will pro- measure at the Senate level. As we meet the Our bill does it. The House bill vide help to program crops such as corn, as challenge of crafting a new agriculture pol- doesn’t.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8416 CONGRESSIONAL RECORD — SENATE July 31, 2001 It is signed by James D. Weill, presi- continue this small but vital program is of posed to our bill could raise a point of dent of the Food and Research Action the utmost importance. States and Tribes order. But no point of order lies Center. faced a very short time frame for application against this bill because it is within I ask unanimous consent that the and implementation of this program last the budget resolution. Therefore, there year and would be greatly benefited by quick letter be printed in the RECORD. action to renew this new, but very popular is no reason for the President to veto There being no objection, the letter program. it, unless he simply does not want our was ordered to be printed in the We urge you to include the $20 million ear- apple farmers to receive help, or to ex- RECORD, as follows: marked in S. 1246 for the SFMNNP in your tend the dairy price support program, FOOD RESEARCH & ACTION CENTER, final version of the bill. or to help some of our peanut and cot- Washington, DC, July 30, 2001. Sincerely, tonseed farmers, and others who need ZY WEINBERG, Senator TOM HARKIN, this assistance, or perhaps he doesn’t (For Mike Bevins, President). Chairman, Senate Agriculture Committee, Rus- think we should have a nutrition pro- sell Senate Office Bldg., Washington, DC. Mr. HARKIN. Madam President, I gram. DEAR MR. CHAIRMAN: I am writing you have a letter from the American Quite frankly, we have met our obli- about S. 1246. The Emergency Agricultural School Food Service Association. gations to provide for the full AMTA Assistance Act of 2001. DEAR SENATOR HARKIN: Specifically, we payment for fiscal year 2001—the full As in the House bill, S. 1246 authorizes an strongly support section 301 to preserve enti- additional $10 million for expenses associ- AMTA payment. The House bill only tlement commodities during the 2001–2002 provides 85 percent. ated with the transportation and distribu- school year for schools that participate in tion of commodities in The Emergency Food the National School Lunch Program. I say to my fellow Senators, if you Assistance Program (TEFAP). The Senate want to provide the same level of as- That is in our bill, and it is not in the version also devotes additional dollars to sistance to farmers this year under House bill. support school meal programs targeted to AMTA as we did last year, you cannot It is signed by Marcia Smith for the low-income children; increases the manda- support Senator LUGAR American School Food Service Asso- ’s amendment. tory commodity purchases for the School That will wipe it out and make it only Lunch Program; and provides additional ciation. funding for Senior Farmers Market Nutri- I ask unanimous consent that this 85 percent, which is what the House bill tion Programs. letter be printed in the RECORD. does. We urge you to continue your leadership There being no objection, the letter I hope after some more debate we can and support for the nutrition programs con- was ordered to be printed in the recognize that we have met our obliga- tained in S. 1246. We also thank you for your RECORD, as follows: tions in the Senate Agriculture Com- leadership earlier this month in the hearings mittee. This is the right course of ac- AMERICAN SCHOOL FOOD on nutrition programs in the Farm Bill, and tion to take for this body and for the SERVICE ASSOCIATION, look forward to working with you on impor- President to sign. tant food stamp improvements later this Alexandria, VA, July 31, 2001. Re: S. 1246. I yield the floor. year in that bill. Mr. REID. Mr. President. Sincerely, Senator TOM HARKIN, Mr. THOMAS. Mr. President. JAMES D. WEILL, Senate Hart Office Building, The PRESIDING OFFICER (Ms. President. Washington, DC. DEAR SENATOR HARKIN, On behalf of the CANTWELL). The Senator from Wyo- Mr. HARKIN. Madam President, I American School Food Service Association, ming. have a letter from the National Asso- thank you for your leadership with the Mr. THOMAS. Madam President, I ciation of Farmers’ Market Nutrition Emergency Agricultural Assistance Act of want to yield to my friend, the Senator Programs. 2001 (S. 1246), which the Senate Agriculture from Idaho, but first I wish to make a I am writing to express the strong support Committee approved and sent to the full couple of remarks. One is that if you of the National Association of Farmers’ Mar- Senate for consideration. came in here and you were listening to ket Nutrition Programs to include $20 mil- Specifically, we strongly support Section 301 to preserve entitlement commodities dur- the difficulty that some talk about in lion for the Senior Farmers’ Market Nutri- getting this job done prior to the time tion Pilot Program in S. 1246. ing the 2001–02 school year for schools that For States and Indian Tribal organizations participate in the National School Lunch the $5.5 billion disappears, then you administering the SFMNPP, an early deci- Program. Without this provision, any par- would imagine the thing to do is to go sion by Congress and administration to con- ticipating school that received bonus com- ahead and have a bill similar to the tinue this small but vital program is of the modities from the U.S. Department of Agri- House. Then it would be there, and we utmost importance. States and Tribes faced culture would have its entitlement commod- would come back with the other $2 bil- a very short timeframe for application and ities under the NSLP reduced. As you know, lion, which is in the budget for next implementation of this program last year this would result in a de facto funding cut of between $50 million and $60 million for the year. It isn’t as if this is a long time and would be greatly benefited by quick ac- off. It is right there, and it can be done. tion to renew this new but very popular pro- NSLP during school year 2001–02. Further, with an eye to Conference, ASFSA does not It isn’t as if it isn’t going to happen. It gram. support a block grant approach to the dis- will happen. We are taking out next It is signed by Mike Bevins, Presi- tribution of commodities. year’s and putting it in this year. You dent of the National Association of On behalf of ASFSA’s members and the can bet that there will be a request to children we serve, thank you again for your Farmers’ Market Nutrition Programs. replace that with new money next I ask unanimous consent that the leadership on this important issue. Please let me know if there is anything else we can do year. letter be printed in the RECORD. It is sort of an interesting debate. It There being no objection, the letter to further S. 1246. Sincerely, is also interesting that the House was ordered to be printed in the MARCIA L. SMITH, version includes $4.6 billion in AMTA RECORD, as follows: President. payments. NATIONAL ASSOCIATION OF FARMERS’ Mr. HARKIN. Madam President, to There was mention by the Senator MARKET NUTRITION PROGRAM, sum up—and I will come back to this from Michigan that it didn’t go beyond Washington, DC, July 31, 2001. later on—we looked at the Nation as a that. Actually, there is $424 million in Hon. TOM HARKIN, economic assistance for oilseeds; $54 Chair, Senate Committee on Agriculture, Senate whole. We looked at all farmers in this Russell Office Building, Washington, DC. country. All farmers need help, plus million in economic assistance for pea- DEAR SENATOR HARKIN, I am writing to ex- there are others in rural communities nut producers; $129 million for tobacco; press the strong support of the National As- who need help. There are conservation $17 million for wool and mohair; $85 sociation of Farmers’ Market Nutrition Pro- programs, as was pointed out by a let- million for cottonseeds; and $26 million gram (NAFMNP) to include $20 million for ter I read from the 130 Members of the for specialty crops, which is for the the Senior Farmers’ Market Nutrition Pilot House, that need to be continued be- States to disperse. Over $3.5 million Program (SFMNPP) in S. 1246, the Emer- yond the end of this fiscal year. We ad- goes to Michigan which could go to gency Agricultural Assistance Act of 2001. We understand consideration of this legisla- dressed all of these needs, and we did it apple growers. This idea that somehow tion on the Senate floor is imminent. within the confines of the budget reso- the people have been left out is simply For states and Indian Tribal organizations lution. not the case. administering the SFMNPP, an early deci- Each Senator on that side of the aisle I now yield to the Senator from sion by Congress and the Administration to or on this side of the aisle who is op- Idaho.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8417 The PRESIDING OFFICER. The Sen- I would think you could make a And now it is hurry up and catch up at ator from Idaho. statement like that if the House and the very last minute prior to an ad- Mr. REID. Madam President, will the the Senate were but a mile apart. We journment for what has always been a Senator yield for a unanimous consent are not. We are 2,500 to 3,000 miles very important recess for the Congress. request? apart at this moment. We are $2 billion I will come back to this Chamber this Mr. THOMAS. Of course. apart on money. The chairman of the afternoon to talk about the policy dif- Mr. REID. Madam President, this has authorizing committee has just, in a ferences, but I think it is very impor- been cleared with Senator LUGAR, Sen- few moments, discussed the substantial tant this morning to spell out the dy- ator HARKIN, and both leaders. policy differences on which we are namics of just getting us where we Madam President, I ask unanimous apart. And I am quite confident—I need to get before we adjourn, I hope, consent that at 2:30 p.m. today I be rec- know this chairman; I have served on Friday evening late. And I am not sure ognized to move to table Senator conferences with him; he is a tough ne- we get there because we are so far LUGAR’s amendment, and that the 15 gotiator; he is not going to give up eas- apart. minutes prior to that vote be equally ily, as will the House not give up easily The chairman talks about passing divided between Senators HARKIN and on their positions, largely because we the bill this afternoon, assuming that LUGAR. we would table the amendment of the Mr. THOMAS. Madam President, I are writing a farm bill separate from Senator from Indiana; then this would think I will object simply to talk with appropriations, as we should. But both sides have spilled into the pass, forgetting there are other Sen- the others to see if they need more question of policy as it relates to these ators in the Cloakrooms waiting to time. I hope they do not. But at this vehicles. What we are really talking come out and talk about an issue moment, I object. The PRESIDING OFFICER. Objec- about now, and what we should be talk- called dairy compacts, and the North- tion is heard. ing about now, are the dollars and east Dairy Compact legislation or pol- The Senator from Idaho is recog- cents that we can get to production ag- icy authority ending at the end of Sep- nized. riculture before September 30 of this tember, with no train leaving town be- Mr. CRAIG. Madam President, I fiscal year. tween now and then that gets that out. thank the Senator from Wyoming for I happen to be privileged to serve on And to assume that is going to be a yielding. I will be brief, for I have sat leadership, and we are scratching our simple debate that will take but a few here most of the morning listening to heads at this moment trying to figure hours, I would suggest: How about a both the Senator from Indiana and the out how we get this done. How do we day or 2 to resolve what is a very con- Senator from Iowa discuss what is now get the House and the Senate to contentious issue? I know I want to speak pending. ference, and the conference report back on it. I know a good many other Sen- There is no question in my mind— to the House and the Senate to be ators do. We do not want to see our Na- and any Senator from an agricultural voted on before we go into adjourn- tion divided up into marketing terri- State—that we are in a state of emer- ment, and to the President’s desk in a tories that you cannot enter and leave gency with production agriculture in form that he will sign? easily, as our commerce clause in the this country. I certainly respect all of I do not think the President is Constitution would suggest. the work that the chairman of the Sen- threatening at all. I think he is making So those are some of the issues that ate Ag Committee has done, the au- a very matter-of-fact statement about are before us today and tomorrow and thorizing committee. I no longer serve keeping the Congress inside their budg- the next day. That means as long as we on that committee, but my former et so that we do not spill off on to are in this Chamber debating this bill chairman and ranking member of the Medicare money. We have heard a on these very critical issues, it will not Ag Appropriations Committee is in this great deal from the other side about be in conference. And those very dif- Chamber, and I serve on that com- the fact that we are spending the Medi- ficult policy issues and that $2 billion mittee. So I have the opportunity to care trust fund. But this morning we worth of spending authority will not look at both the authorizing side and have not heard a peep about that as we get resolved where the differences lie. the appropriating side of this issue. spend about $2 billion more than the So let us think reasonably and prac- Clearly, I would like to hold us at or budget allocates in the area of agri- tically about our situation. The clock near where we were a year ago. At the culture. is ticking very loudly as it relates to same time, I do not believe, as we So for anyone to assume that getting our plan for adjournment and our need struggle to write a new farm bill, that these two vehicles—the House and the to get our work done, and done so in a we should write massive or substan- Senate bills—to conference, and cre- timely fashion. tially new farm policy into an appro- ating a dynamic situation in which we I do not criticize; I only observe be- priations bill that is known as an can conference overnight and have this cause much of what the Senator from Emergency Agricultural Assistance back before we adjourn on Friday or Iowa has talked about I would support. Act. There is adequate time to debate Saturday, to be passed by us and signed But I would support it in a new farm critical issues as to how we adjust and by the President, is, at best, wishful bill properly worked out with the dy- change agricultural policy in our coun- thinking. namics between the House and the Sen- try to fit new or changing needs within We are going to have a letter from ate, not in appropriating legislation production agriculture. OMB in a few moments that very clear- done in the last minute, to be I have been listening to, and I have ly states that this has to get done and conferenced in an all-night session, or read in detail, what the Senator, the has to get scored before the end of the two or three, to find our differences, chairman of the Ag Committee, has fiscal year or we lose the money. and to work them out. I am not sure we brought. You have heard the ranking The ranking member of the Ag Ap- can get there. If we can’t, we lose $5.5 member, the Senator from Indiana, say propriations Committee, who is in this billion to production agriculture. he is not pleased with what he is doing Chamber, and certainly the chairman I yield the floor. today. In fact, the amendment that he of the authorizing committee, do not The PRESIDING OFFICER. The Sen- offered in the committee—one that I want that to happen, and neither does ator from Mississippi. could support probably more easily this Senator. In fact, I will make ex- Mr. COCHRAN. Madam President, than I could support the amendment he traordinary efforts not to have it hap- this morning I was very impressed by has offered in this Chamber today—is pen because that truly complicates our the comments made by the distin- not being offered for a very simple rea- budget situation well beyond what we guished Senator from Indiana, Mr. son; it is a question of timing. would want it to be, and it would re- LUGAR. The chairman of the authorizing strict dramatically our ability to meet At the markup session of our Com- committee but a few moments ago the needs of production agriculture mittee on Agriculture, I had come to said: If we pass this bill today, we can across this country as we speak. that session with a compromise that I conference tomorrow. We can go out I am amazed that we are this far was prepared to offer because I thought and have it back to the floor by Thurs- apart. The House acted a month ago. it would more nearly reflect the pro- day or Friday of this week. We have been slow to act in the Senate. grams Congress provided for emergency

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8418 CONGRESSIONAL RECORD — SENATE July 31, 2001 or economic assistance to farmers in now, use the budget authority for new when we rewrite the farm bill. If there the last two crop-years. farm bill provisions that will strength- is an indication that additional assist- We had testimony in our Appropria- en our agricultural programs for the ance is needed later on, we can take tions Committee from the chief econo- future, into the next crop year and be- that from the budget resolution which mist and other high-ranking officials yond, so that we can guard against, in provides for economic assistance for at the Department of Agriculture that a more effective way, the distresses farmers in the 2002 crop year. We can the situation facing farmers this year that confront farmers today. But for do that. We don’t have to solve every is very similar—just as bad—as it was now, to deal with the emergency and problem facing agriculture or con- last year and the year before. So the the problems of today, let’s pass a bill servation on this bill today. We can do record supports the action being taken that will put money in the pockets of what we can do today, and farmers un- by the Congress to respond to this seri- farmers. derstand that. They don’t fall for a lot ous economic problem facing agricul- That is the object, not to improve of political grandstanding. They don’t tural producers around the country. conservation programs which can be spin all the charts that you can put up It was the Appropriations Agri- done in the next farm bill. Of course, on the floor. That doesn’t help them a culture Subcommittee during the last 2 we are going to reauthorize these con- bit. They know how bad it is. What years that had been given the responsi- servation programs. But doing it with they want is help now. To get help now, bility, under the budget resolution, for $1 billion gratuitously from the budget let’s vote for the Lugar substitute. writing this disaster or economic as- resolution that provides for economic I ask unanimous consent to print in sistance program. And we did that. The assistance to farmers, that is not di- the RECORD a section-by-section anal- Congress approved it. It was signed and rect economic assistance to farmers. ysis. enacted into law. And the disburse- That is an indirect benefit, of course, There being no objection, the mate- ments have been made. to agricultural producers and to soci- rial was ordered to be printed in the This year the budget resolution gave ety in general, but it is not money in RECORD, as follows: the authority for implementing the the pockets of farmers, as the House- AMENDMENT TO THE EMERGENCY AGRICULTURE program for economic assistance to the passed bill provides and as the Lugar ASSISTANCE ACT OF 2001—SECTION-BY-SECTION legislative committee in the Senate, alternative before the Senate today TITLE I the Agriculture Committee. I also provides. Section 101—Market Loss Assistance serve on that committee. The distin- I had hoped there could be a way to Supplemental income assistance to pro- guished Senator from Iowa chairs that provide exactly the same assistance we ducers of cotton, rice, wheat, and feedgrain committee, and Senator LUGAR is the provided last year and the year before. producers eligible for a Production Flexi- ranking member and former chairman I crafted an amendment I was prepared bility Contract payment at the 1999 AMTA of that committee. I have great respect to offer in the Senate Agriculture Com- payment levels, totaling $5.466. for all of my fellow members on the mittee that would do just that. Section 102—Oilseeds committee, but I have to say that ar- My amendment would provide for Provides $500 million for a supplemental guments made this morning, and the $5.46 billion for market loss assistance market loss assistance payment to oilseed proposal made this morning at the be- to farmers. This is the same level of producers totaling $500 million. ginning of the debate by Senator support farmers have received for the Section 103—Peanuts LUGAR, to me, are right on target in past 2 years. My amendment provides Provides peanut producers of quota and ad- terms of what our best opportunity is an additional $500 million for oilseed ditional peanuts with supplemental assist- at this time for providing needed as- assistance, which is the same as last ance of $56 million. sistance to agricultural producers. year, and $1 billion for aquaculture and Section 104—Sugar The facts are that the House has other specialty crops. This is a total Suspends the marketing assessment from acted and the administration has also amount of $6.475 billion, and it rep- the 1996 Farm Bill for the 2001 crop of sugar reviewed the situation and expressed resents approximately half of the Agri- beets and sugar cane at a cost of $44 million. its view. We have the letter signed by culture budget for both fiscal year 2001 Section 105—Honey Mitch Daniels, the Director of the Of- and fiscal year 2002 combined. Makes non-recourse loans available to pro- fice of Management and Budget, set- The $7.5 billion reported in the bill by ducers of honey for the 2001 crop year at a ting forth the administration’s view the Senate Agriculture Committee cost of $27 million. and intentions with respect to legisla- contains nearly $1 billion for programs Section 106—Wool and Mohair tion they will sign or recommend to be that do not provide direct economic as- Provides supplemental payments to wool vetoed. If we are interested in helping sistance to farmers. Why argue about and mohair producers totaling $17 million. farmers now, in providing funding for that? Why argue about that in con- Section 107—Cottonseed Assistance distressed farmers to help pay loans ference and spend some amount of time Provides assistance to producers and first from lenders, to get additional financ- delaying the benefits that farmers need handlers of cottonseed totaling $100 million. ing as may be needed, if that is our now? Section 108—Specialty Crop Commodity Pur- goal, then the best and clearest oppor- My suggestion is, the best way to chases tunity for providing that assistance is help farmers today is to pass the Lugar Provides $80 million to purchase specialty to take the advice and suggestion of substitute. It goes to the President, crops that experienced low prices in the 2000 and 2001 crop years. $8 million of the amount Senator LUGAR and vote for the alter- and he signs it. We can’t write the maybe used to cover transportation and dis- native he has provided, which is the President out of this process. He is in- tribution costs. House-passed bill. volved in it. He has committed to veto Section 109—Loan Deficiency Payments It obviates the need to conference the bill as reported by the Senate Agri- Allows producers who are not AMTA con- with the House, to work out differences culture Committee. Nine of us voted tract holders to participate in the marketing between the two approaches, which is against it; 12 voted for it. But we are assistance loan program for the 2001 crop necessarily going to delay the process. asking the Senate today to take an- year. Raises the Loan Deficiency payment To assume that that conference can be other look realistically at the options limit from $75,000 to $150,000. completed in 2 or 3 days and funds be we have. Section 110—Dry Peas, Lentils, Chickpeas, and disbursed in an appropriate and effi- Let’s not embrace what we would Pecans cient way is wishful thinking. It is no hope we could do. Let’s embrace what Provides $20 million for the 2001 crop year. better than wishful thinking. I do not we know we can do. I don’t care how Section 111—Tobacco think producers would like to take many charts you put up here to show Provides $100 million for supplemental that chance under the conditions of how bad the situation is in agriculture, payments to tobacco Farmers. distress that exist in agricultural com- you are not going to change the reality TITLE II munities all over this country today. of the House action and the President’s Section 201—Equine Loans If we could take a poll now among promised action. Allows horse breeders affected by the those who would be the beneficiaries of We are part of the process and we MRLS (Mare Reproductive Loss Syndrome) this legislation, I am convinced most have a role to play—right enough—and to apply for U.S. Department of Agriculture would say: Let’s take the House bill we can exercise our responsibilities Emergency Loans. No CBO score.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8419 Section 202—Aquaculture Assistance Changing the conservation reserve researchers. Some of my best friends Provides $25 million to assist commercial program: Maybe it needs to be changed, are researchers. I used to be a re- aquaculture producers with feed assistance but do we have to do it in an emer- searcher. Maybe this is God’s work, through the Commodity Credit Corporation. gency bill where we are trying to get changing the Civil Service Act to let TITLE III assistance out the door by October 1? I researchers at the Department of Agri- Section 301—Obligation Period think, clearly, we do not. culture make more money. The point Provides the Commodity Credit Corpora- Expanding a yet-to-be-implemented is, should we not look at that in the tion the authority to carry out And expend program about farmable wetlands: I context of civil service? Shouldn’t this the amendments made by this act. don’t understand, in an emergency bill, be looked at by the committee that has Section 302—Commodity Credit Corporation expanding a program that has never jurisdiction, the Governmental Affairs Except as otherwise provided in this Act, gone into effect. Maybe we will want to Committee? Isn’t this something on the Secretary shall use The funds, facilities, expand it after it goes into effect, and which we ought to have a fairly sub- and authorities of the Commodity Credit we know what it is. But, A, I can’t Corporation to carry out this Act. stantial debate? Are we going to do imagine we would want to do it now, Section 303—Regulations this at all the labs in America? Are we and, B, why would we want to clutter Secretary may promulgate such regulation going to do it at the Department of En- as are necessary to implement this Act and up an emergency farm bill that des- ergy? Are we going to do it in oceanog- the Amendments made by this Act. perately needs to become law this week raphy? Is this the beginning of a major or next by getting in that debate here? program? COCHRAN AMENDMENT Expanding subsidies for paper reduction in lunch programs: Maybe we need No one knows the answer to this. I do Senate to increase subsidies for reducing the not even know if a hearing ever occurred on this subject. FY 01 Spending (Budget) ...... $5.5 billion. amount of paper that is expended in Market Loss Payment ...... 5.466 billion. serving school lunch programs. Maybe The point is, whether it is meri- Cottonseed Assistance ...... 34 million. that is a worthy objective. But why are torious or not, what does it have to do Subtotal FY01 ...... 5.5 billion. we doing it on an emergency farm bill? with this farmer in plain view making I know of no critical shortage of paper that payment at the bank? It basically FY02 Spending: in making plates and cups. So far as I has to do with the pay of people who Oilseed Payment ...... 500 million. am aware, we are capable of producing are fairly well paid. Maybe they are LDP eligibility for 01 crop year 40 million. Peanuts ...... 56 million. virtually an infinite quantity, not that not paid enough. Sugar (suspend assessment) ...... 44 million. that would be desirable public policy, This has absolutely nothing to do Honey ...... 27 million. but the point is, what does this have to with the crisis in rural America. This Wool and Mohair ...... 17 million. do with the emergency that exists on Cottonseed ...... 66 million. is something that ought to be dealt Tobacco ...... 100 million. many farms and ranches throughout with next year. Equine Loans ...... 0 America? The answer is nothing. This brings me to the second point I Commodity Purchases ...... 80 million. Additional funding for the Senior want to talk about, and that is the $2 Aquaculture ...... 25 million. Farmers’ Market Nutrition Pilot Pro- Peas, Lentils and Pecans ...... 20 million. billion we are spending in this bill gram: That may be a meritorious pro- Double LDP Limit for 2001 Crop 0 above the amount we said we were gram. If I knew more about it, I might going to spend in the budget. Subtotal FY02 ...... 975 million. think it was one of the most important nutrition programs in America. On the I have sat in the Budget Committee Total ...... 6.475 billion. other hand, maybe I would not think it and I have sat in this Chamber and The PRESIDING OFFICER. The Sen- is even meritorious if I knew more have heard endless harangues about ator from Texas. about it. The point is not whether it is how we are about to spend the Medi- Mr. GRAMM. Madam President, I meritorious or whether it is not; the care trust fund—how dare we spend the thank Senator COCHRAN for his great point is, it has absolutely nothing to Medicare trust fund. statement. do with an emergency on farms and My response has been, there is not a The question before the Senate is: do ranches all over America, and it has no Medicare trust fund. We are running a we want a reasonable package that will place in an emergency farm bill. surplus in Part A, we are running a def- help farmers now that is within our Making cities eligible for rural loan icit in Part B, and so there is no sur- budget, that we set out funds for, that programs and credits: I guess other plus, but that is not the point. The can be delivered next week, or do we things being the same, I do not think chairman of the Budget Committee has want a political issue that comes from cities of 50,000 ought to qualify for pro- given us endless orations pleading that a proposal which is full of provisions grams that are aimed at helping rural we not spend the Medicare trust fund, that have nothing to do with direct aid America. I have a lot of cities of 50,000. much less the Social Security trust to farmers, that dramatically expands Just looking at it, it does not strike fund. In fact, in committee and in the spending on programs that have noth- me that this is a great idea, but it may Senate Chamber, he and others have ing to do with an agriculture emer- be a great idea. Maybe I just do not un- endlessly harangued about not spend- gency, and a program that will al- derstand. ing these trust funds. Yet I hear no ha- most—well, it will certainly be, since The point is, what does this have to rangue today. do with the emergency that is occur- the President has now issued the veto We are in the process today of consid- ring in bank loans that our farmers message—be vetoed? ering a bill that is $2 billion above the Ultimately, people have to come and ranchers all over America are hav- amount we included in the budget to down to reaching a conclusion in an- ing trouble paying? It has absolutely spend in fiscal year 2001 for the agri- swering that question. nothing to do with it, and it should not culture emergency—$2 billion above What I would like to do today is be in this bill. make a few points. First, Senator There is an increase in funding bio- the amount we have in the budget. COCHRAN is right. If we want to get aid energy loan subsidy programs in this Having harangued endlessly about to Texas and Mississippi and Iowa bill. Maybe bioenergy should receive every penny we spend, every penny we farmers next week, we need to pass the additional funding. Maybe it receives give back to the taxpayer in tax cuts is bill that passed the House or some- too much funding. The point is, what imperiling the Medicare trust fund, thing very close to it. And passing the does that have to do with an emer- where is Senator CONRAD today? When bill that passed the House, which can gency in rural America? What does it we are in the process of adding $2 bil- go directly to the President, which can have to do with farmers and ranchers lion of spending above the budget, does be signed this week, is the right thing trying to make that payment on that anybody doubt that when the re-esti- to do. loan at the local bank? It has nothing mate comes back in August, when the The second issue has to do with non- to do with it, and it should not be in new projections of the surplus come emergency matters in an emergency this bill. forward, given the economy has slowed appropriations bill. I could go down a Paying researchers at USDA beyond down, does anybody doubt this $2 bil- long list, but let me mention a few. the civil service scale: I think highly of lion will come out of exactly the same

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8420 CONGRESSIONAL RECORD — SENATE July 31, 2001 Medicare trust fund about which we being of farmers who are in crisis today at that point that many of these issues have heard endless harangues? Does in a clear action that busts the budget. need to be decided. anybody doubt that? I want to say this, not to go on so If Members do not want to bust the No, they do not doubt it, but where long as to be mean or hateful about it. budget and Members want this bill to are the harangues today? Those ha- I do not mind being lectured. I get lec- become law, and become law soon, vote rangues were on another day focused tured all the time. I guess I am about for the Lugar amendment. I intend to on another subject. The harangues as guilty as any Member of the Senate vote for the Lugar amendment. I in- were against tax cuts, but when it is in lecturing my colleagues. It comes tend to oppose the underlying bill. It spending, there are no harangues. from my background where I used to violates the budget. It spends $2 billion Lest anybody be confused, I do know lecture 50 minutes Monday, Wednes- more than we pledged to limit spending something about the Budget Com- day, and Friday, and an hour and 15 in the budget. I intend to resist it as mittee, having been privileged to serve minutes on Tuesday and Thursday. My hard as I can. I think it sends a terrible on that committee in the House and students paid attention because they signal that here we are, despite all our the Senate. I understand the rules. Ba- wanted to pass. high-handed speech about spending sically, the budget is whatever the Here is the point: I don’t see how any trust funds and living within the budg- chairman of the Budget Committee Member of the Senate who stands idly et, and we come to the first popular says the budget is. by and watches us spend $2 billion program that we voted on and now we We have before us a bill that is $2 bil- more than we pledged in the 2001 budg- are busting the budget by 40 percent. lion above the amount we wrote in the et that we were going to spend on this Forty percent of the funds in the bill budget for fiscal year 2001, but the bill, how that Member can remain si- before the Senate represents an in- chairman of the Budget Committee lent or support that effort and have crease in spending over the budget that says it is okay to take $2 billion from any credibility ever again when they we adopted. That is a mistake. 2002 and spend it in 2001 because in 2003, talk about concern over deficits or I urge my colleagues to vote for the we can take the same $2 billion and spending trust funds. Lugar substitute. I yield the floor. spend it in 2002. Actually, we cannot. If Ultimately, the debate is: Is it words The PRESIDING OFFICER. The Sen- he reads his own budget, he will see or is it deeds? Are you really pro- ator from Iowa. that in 2003, unless we have a sufficient tecting the budget when we are on the Mr. HARKIN. Madam President, I am surprised to hear the Senator from surplus so that all funds are going into floor spending $2 billion more than we Texas talk about how this does not the Medicare trust fund and the Social said we were going to spend in the comport with the budget resolution. Security trust fund and reducing debt budget? The Senator from Texas is a member of or being invested, we will not be able It seems to me if you vote for this the Budget Committee. The Senator to make the shift from 2003 to 2002. $7.5 billion appropriation—it is an enti- from Texas must know full well the One can say, as Senator CONRAD did tlement program and an authorization, budget allows $5.5 billion for the Agri- yesterday, that he makes the deter- in addition to the $7.5 billion—if Mem- culture Committee to expend in fiscal mination in advising the Parliamen- bers vote for this $7.5 billion spending year 2001. The Budget Committee also tarian that this does not have a budget bill, which violates that budget by gave instructions to the Agriculture point of order. So by definition, if he spending $2 billion more than we com- Committee that the Agriculture Com- says it does not have a budget point of mitted to, you cannot ever, it seems to mittee could expend up to $7.35 billion order, it does not have a budget point me, have any credibility again in argu- in fiscal year 2002. of order, but does anybody doubt it vio- ing you are concerned about the deficit The reason that a point of order does lates the budget? or that you are concerned about spend- not lie against this bill is not because We wrote in the budget $5.5 billion, ing the Medicare or Social Security of what the Budget Committee chair- black and white, clear as it can be trust fund. man said but because of the way the There is no question when the August clear, that is how much we were going budget was written and adopted by the to spend. Now we are spending $7.5 bil- re-estimates come in, this $2 billion is Senate when under the control, I might lion, but it does not bust the budget? going to come right out of the Medi- add, of my friends on the Republican Why doesn’t it bust the budget? Be- care trust fund. We will have a vote. If side. I didn’t hear the Senator from cause the chairman of the Budget Com- Members want to live up to the rhet- Texas say at that time when the budg- mittee, Senator CONRAD, advises the oric in saying we don’t want to spend et was adopted we shouldn’t be doing Parliamentarian that it does not bust that trust fund, and we don’t want to this—that we should only adopt $5.5 the budget. He is the chairman of the bust the budget, Members can vote for billion for 2001 and nothing for 2002. I Budget Committee, so how can it bust the Lugar amendment because it has didn’t hear the Senator from Texas at the budget when he says it does not three big advantages: First, it will be- the time the budget was adopted get up bust the budget? come law this week, the President will and rail against that. The pattern is pretty clear. Senator sign it; and, second, it doesn’t bust the So there it is. We have it in the budg- CONRAD is deeply concerned—deeply budget. Third, it doesn’t take money et that this committee is authorized to concerned—about spending these trust out of the Medicare trust fund. expend up to $7.35 billion in fiscal year funds as long as the money is going for I think every argument that can be 2002. tax cuts, but the first time we bring to made that should carry any weight in I say to my friend from Texas, we the Chamber an appropriation that this debate is an argument for the didn’t do that. We didn’t expend $7.35 clearly busts our budget, that spends $2 Lugar amendment. I urge my col- billion; we expended about $2 billion of billion more than we wrote in the leagues not to get into an argument that $7.35 billion that will be spent in budget, that is all right because Sen- that will delay the assistance to our fiscal year 2002. ator CONRAD said it is all right. He said farmers and ranchers. We are going to The Senator from Texas surely it does not bust the budget because we debate a farm bill in the next fiscal knows we are not spending any 2002 are going to take the $2 billion from year. I don’t know whether we will pass money in 2001. We are spending 2001 next year. one or not. We are going to debate one. money prior to September 30, but the If that creates a problem in writing Why start the debate by taking $2 bil- other $2 billion, about, is spent after the farm bill, I say to three Members lion we have to finance a new farm bill October 1, which is in fiscal year 2002 who will be very much involved in and spend it now on non-emergency and is allowed under the budget agree- writing the farm bill, Senator CONRAD items, by and large? Why not live with- ment adopted by the House and the has the solution: It is no problem, just in the budget today, get a bill to the Senate. take the $2 billion from 2003. There will President that he can sign, let him sign I didn’t hear the Senator taking issue be a problem, as I pointed out. it this week, and let the money next at that when the budget was adopted. Basically what we have before us is week go out to help farmers and ranch- We are only doing what is within our an effort to take $2 billion and to spend ers. authority to do. most of it on non-emergency programs In the next fiscal year, after October Again, the Senator from Texas also that do not affect directly the well- 1, we can debate a new farm bill. It is went on at some length to read about

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8421 some of the programs in the bill. I refer we really have some farmers all across amendments be in order prior to that to last year’s bill when we passed emer- America who are hurting, as we have vote. gency assistance. There was a lot of ex- heard from all of their representatives. The PRESIDING OFFICER. Is there traneous stuff put in there because it I say to them: Call on the President. objection? was felt it was needed. Don’t let Mr. Daniels speak for you. I Without objection, it is so ordered. Carbon cycle research was in last say to my friends who understand agri- The Senator from Nebraska. year’s bill; tobacco research for medic- culture, who understand the needs out Mr. NELSON of Nebraska. Madam inal purposes; emergency loans for seed there: Call up President Bush and say President, I rise in support of this leg- producers; water systems for rural and we need this package. islation, S. 1246, and in opposition to native villages in Alaska; there is the I have heard Senators on the other the amendment offered by my good Bioinformatics Institute for Model side—not all of them, but I have heard friend, Senator LUGAR. I know he is at- Plant Species in last year’s ‘‘emer- some of them say we need this assist- tempting to do what he thinks is best. gency’’ bill, along with crop insurance ance; we need the kind of money we are That is what this honest debate should and everything else. talking about; but because there has be about—what is best for American I point out to my friend from Texas, been a threat of a veto, we cannot do agriculture and how we can best meet there are no new programs in this bill, it. those needs. not one. In last year’s bill there was a I daresay that if Senators who hold I notice my good friend, Senator new program put in that probably, I that view were to call up the President COCHRAN from Mississippi, has a view suppose, we could have said should not and say: Mr. Daniels is wrong on this; that is a little different from that of have gone in the farm bill, but I we need this money; farmers des- Senator LUGAR in that he had prepared thought it was reasonable and it was perately need it, I, quite frankly, bean amendment of about $6.5 billion but put in at that time on a soil and water lieve the President would listen to the is supporting Senator LUGAR in his ef- conservation assistance program which Senators here who represent agricul- fort at $5.5 billion. But it points out was a brand-new program included in tural States rather than Mr. Daniels. that there are honest differences of the emergency bill last year. I did not I don’t know what Mr. Daniels’ back- opinion, even on the other side. hear last year the Senator from Texas ground is. I don’t know if he is a farm- The reason I support S. 1246 is that it getting up and saying that the emer- er, if he comes from a farm or not. I is a balanced bill and one that takes gency bill should not include those. He don’t know, but I don’t think he under- into account the diversity of agricul- is saying that this year. stands what is happening there in agri- tural interests all over this country. It Again, we made no changes, and we culture. recognizes that the major commodities made no policy changes. There is one Last, there was a statement are in their fourth year of collapsed technical correction included, and I made—I wrote it down—‘‘political prices, yet at the same time recognizes had to smile when I heard the Senator grandstanding.’’ I resent the implica- that economic assistance cannot and talk about the paperwork reduction in tion that what we are doing is political should not go just to program crops, it the school nutrition program. Actu- grandstanding. We took a lot of care must reach further, to add additional ally, that was requested by the House and time to talk with Senators on both farmers who are suffering and who do Committee on Education and the sides of the aisle. I talked with Rep- not happen to grow wheat, corn, or Workforce. They actually requested we resentatives in the House of Represent- rice. do that to take care of a problem in pa- atives. We met with farm groups to try On a parochial level, the bill before perwork. We said it sounds reasonable. to fashion a bill that did two things: It us holds several provisions that are im- We might as well do it. Why not take met the requirements of the Budget portant to Nebraskans. It is no exag- care of it? Act and, second, met the needs farmers geration to say that agriculture is the Again, there are no new programs, no have out there. backbone of Nebraska’s economy, for new changes. All there is is one tech- I really resent any implication that one of every four Nebraskans depends nical change in the CRP program, but there is political grandstanding. We on agriculture for employment. It has in last year’s emergency package there may have a difference of opinion on been an ongoing source of concern for were a number of technical fixes and what is needed out there. I can grant me that when the rest of our economy changes. There were new programs, as there may be some differences of opin- was booming, production agriculture I pointed out. There were changes in ion on that. But that is why we have was on the decline. eligibility. All that was done. We do debates. That is why we have votes. As do other Senators, I regret having not do that, basically, in this bill. But in no way is this political to supplement our farm policy with bil- There are no new conservation pro- grandstanding. This is what many of lions of dollars of additional emer- grams. All we are doing is funding the us, I think on both sides of the aisle, gency assistance every year. So it is, in ones that are out of money. believe is desperately needed in rural fact, high time to move on with the I do want to at least address myself America. writing of a new farm bill for just that very briefly to another issue. I heard Since it is desperately needed, I hope reason. some of my friends on the other side my friends on the other side of the But until then, we have to be here to say: Yes, we do have a dire situation in aisle will contact the President and help those who produce food, who feed agriculture; yes, farmers are hurting; tell him this is one time he needs to our Nation. This bill does that. This yes, it has not gotten any better since not listen to the advice of Mr. Daniels bill provides for an additional AMTA, last year. But because Mr. Daniels, the but to listen to the advice of our Amer- or Freedom to Farm payment, at the head of OMB, has said he would rec- ican farmers, their Representatives full $5.5 billion level, which is what ommend a veto, we can’t meet the here in Washington, and the Senators producers in Nebraska want. It is what needs of farmers out there. who represent those farm States. producers all across our country want I ask my colleagues, who knows agri- I yield the floor. I see my friend from and what they expect us to provide. culture better, Mr. Daniels or the Nebraska is waiting to speak. The bill passed by the House does not American Farm Bureau Federation? The PRESIDING OFFICER (Mrs. do so, and any package that spends just Who knows agriculture better, the Na- CLINTON). The Senator from Nevada. $5.5 billion cannot do so. I believe that tional Corn Growers Association or Mr. Mr. REID. Madam President, before is unacceptable. Daniels? Who knows agriculture better, you recognize the Senator from Ne- This bill provides for assistance for the National Farmers Union or Mr. braska, I have a unanimous consent re- oilseeds, which are not a program crop. Daniels? Who knows agriculture and quest. I ask unanimous consent that I It suspends the assessment on sugar, their needs better, the National Wheat be recognized to move to table Senator which is critical to the beleaguered Growers Association or Mr. Daniels at LUGAR’s amendment at 3 o’clock this sugar beet growers of western Ne- OMB? afternoon and the 45 minutes prior to braska and other parts of our country. I say to my friends on the other side that vote, after our conferences, be And it beefs up and in some cases rein- of the aisle who understand that we equally divided between Senators HAR- states spending for vital conservation have some real unmet needs out there, KIN and LUGAR, and that no other programs, all of which face long-term

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8422 CONGRESSIONAL RECORD — SENATE July 31, 2001 and growing backlogs and many of Nebraska are more important than and say to people in farm country that which would expire if not extended by those who grow chickpeas or to the we didn’t have the money to provide this bill and were left for a farm bill dedicated hog producers who are work- the assistance to you. later this year or next year. ing diligently to process and market I think it is a shame that people are In some cases my good friend from their own pork that we can’t find a way so dependent on the Government. Peo- Texas points out some programs that to afford the value-added loan program ple hate it. What they want is some do not, I suspect, seem to be quite as that offers them their best chance to power or some leverage to get a decent much of an emergency. But I think the get off the ground. How can I say to price in the marketplace. I believe in good Senator from Iowa, Mr. HARKIN, them that they will have to wait for this farm bill that we are writing in answered that and said that in every the farm bill and maybe there will be the Senate Agriculture Committee. We emergency bill you might question the funding available after that? should do so. I also believe that there urgency or emergency of certain as- This bill before us attempts to bal- should be a strong effort in the con- pects of it but we ought not to let that ance the needs across commodities and servation part of this legislation. get in the way of passing a bill that across the country. I think it is a great I think there ought to be a section deals with emergency needs. effort. I hope we can convince the that deals with energy, and there ought This bill also offers eligibility for House of its merits. to be a section dealing with competi- LDP payments to producers who are There was a statement that some of tion. We ought to be talking about put not enrolled in the current farm pro- the payments will be direct but some putting more competition into the food gram, a provision which I strongly sup- will be indirect, as though there is industry. port and which makes an enormous dif- some distinction there of any impor- I am becoming conservative these ference for the small number of pro- tance. The fact that we are able to get days in the Senate because I want to ducers who need this provision. In fact, direct and indirect money into the put more free enterprise into the free Senator GRASSLEY and I introduced pockets of farmers today is what this is enterprise system. I want to see us legislation to this effect earlier this about. That is what the emergency re- take antitrust seriously. I want to see year and I am grateful to Chairman quires, and that is what this bill does. us go after some of these conglom- As a fiscal conservative, I want to HARKIN for including this provision. erates that are muscling their way to This morning I received a call from a economize but not at the expense of the dinner tables and forcing family constituent about this issue. So, for America’s farmers. I support this bill farmers out—and, by the way, very those who are eligible, there is no more because I think it, in fact, will do what much to the detriment of consumers. we need to do for agriculture on an important provision in this bill. This emergency package has some Finally, I commend the chairman for emergency basis and give us the oppor- very strong features. First of all, thank including funding for value-added de- tunity in a more lengthy period of time goodness, this is an emphasis on con- velopment grants. This program was to come to the conclusion about what servation and conserving our natural first funded last year, and it has been the ongoing farm bill should be and do resources. From the CRP Program, to very popular in Nebraska. In fact, I that not on an emergency basis but on the Wetland Reserve Program, to Envi- know we have several grant requests a long-term basis and a multiyear ronmental Quality Incentive Programs, under preparation for this funding, in- basis. we are talking about programs that I thank the Chair. I yield the floor. cluding one for a producer-owned pork The PRESIDING OFFICER. The Sen- need the additional funding. We are processing and marketing facility. This ator from Minnesota. talking about programs that are win- is exactly the kind of program that we Mr. WELLSTONE. Madam President, win-win: win for the farmers, win for all talk about and want to encourage. I thank my colleague from Nebraska. I Pheasants Forever, win for Ducks Un- I am happy to support this package associate myself with all of Senator limited, some of the best environ- and know it will find wide support in NELSON’s remarks. mental organizations you could ever Nebraska from farm groups and from I can’t wait to write a new farm bill. run across; a win for consumers; and a farmers all over our State and our I jumped on this Agriculture Com- win for the environment. country. mittee when there was an opening be- Our Catholic bishop wrote a state- It is beyond me why some Senators cause I have hated this ‘‘freedom to ment about 15 years ago entitled and the administration are so staunch- fail’’ bill. We have had a dramatic de- ‘‘Strangers and Guests.’’ He said we are ly opposed to this bill. In fact, it pro- cline in farm prices and farm income. all but strangers and guests in this vides a payment for a single crop year I thank the Senator from Iowa for land. They were looking at soil erosion but stretching over two fiscal years, this emergency package. I rise to speak and chemical runoff into the water. and it is within the budget constraints. on the floor to strongly support what The focus on conservation in this I can’t find a way to explain to Ne- our committee has reported out to the emergency package is just a harbinger braskans when prices are no better Senate. of the direction we are going to go be- than last year’s why the assistance Let me say at the very beginning cause this next farm bill is going to provided by Congress should be cut. I that I don’t like the AMTA payment focus on land stewardship, on pre- can’t find a way, and I don’t intend to mechanism. I am disappointed that we serving our natural resources, on con- try to find a way to explain that. It have to continue to do it this way. servation, and on a decent price for just simply won’t sell. From the GAO to what farmers know family farmers as opposed to these con- The Director of OMB suggested in his in Minnesota and around the country, glomerates. letter that the spending should de- a lot of these AMTA payments have I believe what we have in this emer- crease because farm income is up. That amounted to a subsidy and inverse re- gency package is extremely important. certainly may be true for our cattle lationship to need. The vast amount of I thank my colleague from Iowa for an producers. But this assistance flows the actual payments to farmers to keep extension of the Dairy Price Support primarily to row crop producers and them going goes to the really large op- Program. It is important to dairy others who are not enjoying such good erations and the mid-sized and smaller farmers in Minnesota and throughout fortune. How can I explain to my con- farmers do not get their fair share. the country. The program was due to stituent who called this morning say- I also believe that a lot of younger expire this year. At least it is an effort ing that he qualified for LDPs on his farmers who were hurt by the low pro- to stabilize these mad fluctuations in farm last year but he doesn’t merit any portion of payments that go to them price. assistance this year? are also hurt as younger farmers. We If you have a lot of capital, it is fine My point is that the tunnel vision ap- need more younger farmers. if you go from $13.20 per hundredweight proach that we must spend exactly and I believe all of this should be to $9 per hundredweight. But if you do only $5.5 billion ignores an awful lot of changed. The Senator from Iowa knows not have the capital and the big bucks, needs in each and every one of our that. But I also think we have to get you are going to go under. States. the payments out to people. I think it is important to have that. I am not willing to say that the Let me say to colleagues that I am I thank my colleagues. The growers needs of producers who grow corn in not prepared to go back to Minnesota in the Southern Minnesota Sugar Beet

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8423 Cooperative are going to receive bene- 3 o’clock is evenly divided between Finally, the Senator from Texas said fits under the 2000 crop assistance pro- Senator LUGAR and Senator HARKIN. that this will raid the Medicare trust gram through this legislation. These Who yields time? fund. are sugar beet growers of southern Mr. REID. Mr. President, on behalf of No, it will not. We are not at a point Minnesota who suffered because of a Senator HARKIN, I yield 4 minutes to that we are using Medicare trust fund freeze in the fields last fall. They tried the chairman of the Budget Com- money. We are not even close to it at to process the beets. They tried to do mittee. this point. I believe by the end of this their best. They couldn’t make the The PRESIDING OFFICER. The Sen- year we will be using Medicare trust money off of it. Frankly, without the ator from North Dakota is recognized. fund money to fund other Government assistance in this package, they Mr. CONRAD. I thank the Presiding programs. I have said that. I warned wouldn’t have any future at all. Officer and my colleague, and I thank about it at the time the budget was Again, what is an emergency? From the chairman of the Agriculture Com- considered. I warned about it during my point of view, if you can get some mittee for this time as well. the tax bill debate. It is very clear that benefits to people who find themselves Mr. President, I want to address, just is going to happen, not just this year; in dire economic circumstances briefly, the statements that were made it is going to happen in 2002, 2003, and through no fault of their own, and you by the Senator from Texas about 2004. And in fact we are even going to can make sure that they can continue whether or not this bill—the under- be close to using Social Security trust to survive today so that they can farm lying bill; not the amendment by the fund money in 2003. tomorrow, then you are doing what you Senator from Indiana but the under- This is not about that. This is about should do. lying bill—violates the budget, whether 2001. This is about 2002. In this cycle, That is what this package is all it busts the budget. this part of the cycle, we are nowhere about. I fully support it. I think it is very clear that the bill close to using Medicare trust fund As much as I like my colleague from brought out of the Agriculture Com- money. I would like the record to be Indiana and as much as I think he is mittee by the chairman, Senator HAR- clear. one of the best Senators in the Senate, KIN, does not violate the budget in any The PRESIDING OFFICER. The Sen- I cannot support his substitute amend- way. The budget provided $5.5 billion in ator has used 4 minutes. ment. fiscal year 2001 to the Agriculture Com- Who yields time? I hope we will have strong support on mittee for this legislation and provided Mr. LUGAR. Mr. President, I yield the floor of the Senate for this package an additional $7.35 billion in fiscal year time to the distinguished Senator from of emergency assistance that comes to 2002 for additional legislation to assist Kansas. How much time does the Sen- the Senate from the Senate Agri- farmers at this time of need. ator require? culture Committee. The bill that is in the assistance Mr. ROBERTS. I thank the distin- By the way, we need to move on this package provides $5.5 billion in 2001 and guished ranking member, and former matter. We need to get this assistance provides $1.9 billion in fiscal year 2002. chairman, for yielding me the time. I out to farmers. We don’t need to delay It clearly does not violate the budget ask for 15 minutes if I might. If I get and delay because then we are playing in any way. It does not bust the budg- into a problem, maybe a minute or with people’s lives in a very unfortu- et. It is entirely in keeping with the two. nate way. We really are. This is the budget. Mr. LUGAR. I yield 15 minutes to the time for Senators to have amendments, I just challenge the Senator from distinguished Senator from Kansas. as Senator LUGAR has. This is a time Texas, if he really believes this vio- The PRESIDING OFFICER. The Sen- for Senators to disagree. That is their lates the budget, to come out here and ator from Kansas is recognized. honest viewpoint. But it is not a time bring a budget point of order. That is Mr. ROBERTS. Mr. President, I rise to drag this on and on so that we can’t what you do if you believe that a bill to support the amendment offered by get benefits out to people who without violates the budget, that it busts the the distinguished former chairman of these benefits are not going to have budget. Let’s see what the Parliamen- the Agriculture Committee, Senator any future at all. We cannot let that tarian has to say. We know full well LUGAR. I know agriculture program happen. We cannot do that to farmers what the Parliamentarian would say. policy is somewhat of a high-glaze in this country. They would rule that there is no budg- topic to many of my colleagues. I know I yield the floor and suggest the ab- et point of order against this bill be- many ask questions as to the details sence of a quorum. cause it is entirely within the budget and the vagaries of farm programs, The PRESIDING OFFICER. The allocations that have been made to the why we seemingly always consider for clerk will call the roll. Agriculture Committee. days on end every year emergency farm The assistant legislative clerk pro- This notion of whether or not you legislation and Agriculture appropria- ceeded to call the roll. can use years of funding in 1 year and tions, what we now call supplemental Mr. REID. Madam President, I ask in the second year is addressed very Agriculture bills. unanimous consent the order for the clearly in the language of the budget In the ‘‘why and hows come’’ depart- quorum call be rescinded. resolution itself. It says: ment, let me recommend to my col- The PRESIDING OFFICER. Without It is assumed that the additional funds for leagues yesterday’s and today’s pro- objection, it is so ordered. 2001 and 2002 will address low income con- ceedings and in particular Senator cerns in the agriculture sector today. f LUGAR’s remarks with regard to this These funds were available to be used bill and, more importantly, the overall RECESS in 2001, in 2002, in legislation today. It situation that now faces American ag- The PRESIDING OFFICER. Under goes on to say: riculture and farm program policy. It the previous order, the hour of 12:30 Fiscal year 2003 monies may be made avail- is a fair and accurate summary that p.m. having arrived, the Senate will able for 2002 crop year support . . . the ranking member has presented. In now stand in recess until the hour of Understanding the difference between typical DICK LUGAR fashion, the Sen- 2:15 p.m. a fiscal year and a crop-year. ator from Indiana has summed up the Thereupon, the Senate, at 12:30 p.m., The fact is, every disaster bill we situation very well. If you want a 15- recessed until 2:15 p.m., and reassem- have passed in the last 3 years has used minute primer in regards to agri- bled when called to order by the Pre- money in two fiscal years because the culture program policy, simply read siding Officer (Mr. MILLER). Federal fiscal year ends at the end of the Senator’s remarks. f September and yet we know that a dis- Why are we here? Why are we consid- aster that affects a crop affects not ering this legislation? The title of this EMERGENCY AGRICULTURAL AS- only the time up until the end of Sep- legislation is the Emergency Agri- SISTANCE ACT OF 2001—Continued tember but also affects the harvest in culture Assistance Act of 2001. The AMENDMENT NO. 1190 October and the marketing of a crop name implies to me that the bill is to The PRESIDING OFFICER. Under that occurs at that time. So always fund pressing economic needs in farm the previous agreement, the time until two fiscal years are affected. country. We have them. That is what

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8424 CONGRESSIONAL RECORD — SENATE July 31, 2001 the committee actually set out to do. agreement or not. I don’t know what they have to meet the same guidelines In the debate, we have heard a great the Parliamentarian would say. Re- as producers of wheat, corn, cotton, deal about how much is enough to ad- gardless, the pool of money available rice, and soybeans to receive their pay- dress the problems in farm country. for writing the next farm bill has just ments. I thought about introducing an And certainly with the committee’s shrunk by $2 billion. We are robbing amendment on this legislation. That mark, some $2 billion over what was next year’s funds for this year’s emer- would just delay it further and get us agreed to in the budget and with the gency bill. into more debate, and I consider it an possibility of a Presidential veto, that We are going to be left with less than item for the Farm Bill debate. Time is debate is absolutely crucial. $5.5 billion in 2002 funding. Are we pre- of the essence, so I will not do that. I I don’t believe any agriculture Sen- pared to take that step? Apparently do mean to offer or at least consider it ator is looking forward to a possible some are. when we debate the farm bill. It isn’t Presidential veto—I hope not—or agri- There are always disagreements on so much a warning. It is just a sugges- culture becoming a poster child in re- the Agriculture Committee. But I tion that fair is fair. All commodities gards to out-of-control spending, think the Agriculture Committee is should be treated equally in their re- porkbarrel add-ons, or eating into the probably the least partisan committee, quirements to receive payments Medicare trust fund or, for that mat- or one of the least, in the Congress. through the Department of Agri- ter, Social Security. Certainly in the Senate, we have al- culture. It seems to me we ought to stop for ways tried to work in a bipartisan Let us also remember exactly why we a minute and ask: Why are we having manner. In fact, that is how former set aside the $5.5 billion for the purpose these problems to begin with? For the Senator Bob Kerrey of Nebraska and I in the budget. The $5.5 billion is equal third year in a row farmers, ranchers, operated when we wrote and passed to the market loss assistance payment and everybody else dependent on agri- crop insurance reform in the last Con- we provided last year, and it was to ad- culture have been trying to make ends gress with the leadership and the able dress continued income and price prob- meet in the midst of a world com- assistance of the chairman and the lems with these crops. modity price depression, not just in the ranking member. With all due respect, What am I talking about? Wheat, 57 United States but the entire world. that has not happened on this legisla- cents to 67 cents below the 12-year av- There are many reasons for this: un- tion. erage. That is about a 20-percent drop precedented record worldwide crops; We were given very short notice on below the 12-year average. That is the the Asian and South American eco- the components of the package, the plight of the wheat producer. Cotton, nomic flu crippling our exports; the markup itself. When we actually ar- 7.65 cents below the 12-year average, value of the American dollar, again rived at markup, the legislation was about 12.5 percent below the 12-year av- crippling our exports; and my personal not the same language our staff was erage. Rice, same situation, even view, the lack of an aggressive and con- provided the night before. I will not worse—about 27 percent below the 12- sistent export policy, highlighted, dwell on that, but it is most unfortu- year average, $2.02 per hundredweight quite frankly, by the inaction in this nate. It is a harbinger of what I hope below the 12-year average of $7.52 per Congress with regard to sanctions re- will not happen in regards to the farm hundred weight. Corn, 47 cents below form and Presidential Trade Authority bill debate. the 12-year average; 21 percent below (PTA). Furthermore, I am deeply troubled the average price. It is the same thing If you have in the past exported one- that the title of this legislation is the for soybeans, 26 percent below the aver- third to one-half of the crops you Emergency Agricultural Assistance age price. In regard to these problems in farm produce and you experience 3 straight Act of 2001. The name implies that the country, I believe we will continue to years of declining exports and in- bill is to fund pressing economic and stand and face the same problems, re- creased world production, not to men- income needs in farm country. That is gardless of what farm bill we put in tion what many of us consider unfair not what we have before us with this place, if we do not get cracking on sell- trading practices by our competitors, proposal. ing our product and having a con- you begin to understand why the mar- In fact, I am deeply concerned that sistent, regular, predictable, and ag- ket prices are where they are. Add in we are providing funding here for sev- gressive export program. very little progress ever since the Se- eral commodities that are actually at The real emergency bill, as far as I attle round in regards to the World or above their long-term average prices am concerned, other than this one, is Trade Organization, and you can un- and returns, while also making many passing a clean bill to grant the Presi- derstand why we have a problem. programmatic changes. We are doing a dent trade promotion authority—the Now what are we going to do about mini farm bill. acronym for that is the TPA—and ob- this? To address this problem, when I want to serve warning. I do not taining real sanctions reform. this year’s budget resolution was argue that commodities, other than The distinguished ranking member of passed, it included $5.5 billion for the program crops, have not faced dif- the committee, Senator LUGAR, has spending in 2001 and $7.35 billion in ficult times. Indeed, many have been in had a comprehensive sanctions reform 2002, with total funding of $73.5 billion rough times. But let’s make it very bill proposed for as long as I have had for 2002 through 2011. I might add, if clear that the program commodities, the privilege of being in the Senate. I you add in the baseline for agriculture, those that are usually receiving the do not argue that trade will solve all of you are talking about another $90 bil- AMTA payments, the market loss pay- our problems. It will certainly help. lion. That is a tremendous investment, ments, have stringent requirements In 1996—this is one of the reasons we to say the least. that many, if not all, specialty crops are here—ag exports were over $60 bil- When we passed the budget, the as- do not have to meet in order to be eli- lion, almost hit $61 billion. Last year, sumption among virtually all of us, gible for payments. ag exports were only $51 billion. Just and all of our farm groups and all of Chief among these is conservation subtract the difference. It is not a one- our commodity organizations, was that compliance. To receive assistance, a for-one cost, but one can see $50 billion the funding for 2002—not 2001, the fund- program crop producer has to meet and $61 billion, not selling the product. ing for 2002 would be used for one of very stringent requirements on con- That is roughly about the same two things: An agricultural assistance servation compliance. In many in- amount we are sending out in subsidies package in 2002, if needed, or funding stances they have spent thousands of the past two or three years. That seems for the first year of the next farm bill. dollars to meet and maintain these re- to indicate we should press ahead in an We should make it very clear to our quirements—good for them, good for emergency fashion in regards to our colleagues, our farmers and ranchers, their farming, and good for the envi- trade policies as well. our conservation and wildlife organiza- ronment. Since 1994, when the trade authority tions, our small towns and cities—we Today I put colleagues on notice that expired, there have been approximately are borrowing from the future when we if we intend to continue making pay- 130 bilateral agreements negotiated have $7.5 billion in this package. I ments to commodities that do not around the world. We have been in- don’t know if it violates the budget meet these requirements, I will propose volved in two of them. We cannot sell

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8425 the product in regards to that. It is in price and income I have just gone 25. I must ask why we waited, when we very difficult to compete in the world over with all of the program crops and knew it was must pass legislation? market when our negotiators cannot other crops as well. Every banker We can pass a $7.5 billion. We can go get other countries to sit down at the knows that. Every producer knows ahead and do that. It will be $2 million table. that. We have to do it now because the over what we allowed in the budget. We I am a little disturbed and very con- Congressional Budget Office, in a letter are robbing Peter to pay Paul. Again, cerned in regards to the lack of real today, tells us we will lose the money we could come up with different names. blood pressure to move ahead on this if we do not. We can take a look at the possibility of legislation from the other side of the In May, the Senator from North Da- a Presidential veto. That is a dan- aisle. I am getting the word that trade kota, Mr. CONRAD, in his position as gerous trail to be on. I do not want to authority for the President might not the then-ranking member of the Budg- go down that trail. We have an oppor- even be passed this session. It might et committee, wrote to then-chairman tunity now to vote for Senator LUGAR’s put it off on the back burner. How on LUGAR of the committee, asking that amendment and keep this within budg- Earth can we be passing emergency the committee move on an agricultural et, keep this within guidelines, and get farm legislation to provide assistance assistance package or risk losing the the assistance to farmers. to hard-pressed farmers and ranchers funds. I yield the floor. when we have lost our exports and we Soon after that letter was received, The PRESIDING OFFICER. Who cannot sell the product? We have to we had a little fault line shift of power yields time? Mr. HARKIN. Mr. President, I yield 6 move here, it seems to me, on TPA. in this body. The fault began to take As we have begun hearings on the place in late May. It was completed on minutes to the Senator from North Da- kota, Mr. DORGAN. next farm bill, I have also indicated my June 5, when the distinguished Senator The PRESIDING OFFICER. The support for expanding conservation and from Iowa took over as chairman of the Chair recognizes the Senator from rural development programs. This farm Agriculture Committee. North Dakota. bill is going to have conservation and Let me repeat that. My colleagues on Mr. DORGAN. Mr. President, I will rural development in the center ring the other side of the aisle took over not spend much time now, but I find it with the commodity title. I stand by June 5. The legislation was not brought incongruous that my colleague from that support. before the Agriculture Committee Kansas talks about delay. When we I want to credit the chairman of the until last week, July 25, 7 weeks after tried to bring this bill to the Senate, committee, the distinguished Senator taking over the reins of control, 9 cal- we had to file a cloture motion to pro- from Iowa, who has shown great leader- endar days from our scheduled August ceed to debate the bill. I repeat, we ship in focusing on conservation. The adjournment. This delay occurred when could not even proceed without filing a increases in funding and the program everybody knew full well we were going cloture motion—so much for delay. changes should be done in the context to have contentious issues, the Dairy That really is pretty irrelevant to of the farm bill where we can a have Compact, everything, and it could lead farmers out there who are today doing full and open debate. Senator CRAPO to a prolonged and substantial debate. chores, hauling bales and plowing has a bill that I have cosponsored and I see my time has expired. I ask for 2 ground while worrying whether they others have bills. In this bill we have more minutes. will be able to continue to operate not had a full and open debate on the Mr. LUGAR. I yield the Senator 2 their family farm. conservation programs in this bill. more minutes. The question is: Is somebody going to There are numerous provisions in this Mr. ROBERTS. I thank the distin- step in and give them the right help legislation that either create or extend guished Senator. and say they matter, and that we want or modify USDA programs, many of We know anytime an ag bill is them as part of our future? That is the which have nothing to do with the fi- brought to this distinguished body, we question. nancial difficulties in rural America. are getting into all sorts of controver- The phrase was used, if we pass this This is going to create a problem, not sies and so consequently, knowing this, legislation and deny the amendment by only in the Senate but also in regards they went ahead and presented a bill $2 Senator LUGAR, we will be borrowing to the House-Senate conference. The billion higher than the House version. from the future. I tell my colleagues best I can tell, the way this legislation It is $2 billion higher. We have all how to quickly borrow from the future is drafted, it is going to require a con- these other programs we should con- for this country, and that is to sit by ference with at least three separate sider in a farm bill. They are good pro- and watch farm bankruptcies and farm House committees, the chairmen of grams. I support the programs. It is foreclosures. Family farms being lost which are not exactly conducive to substantially different in substance is borrowing from America’s future as emergency farm legislation. That is from the House bill that is going to re- well. not the way to create swift and easy quire a conference with up to three We stand in suits and ties—we dress passage of what many consider must- House committees. pretty well here—talking about the ag- pass legislation. Speaking of the House, I want to ricultural economy in some antiseptic We are going beyond the scope of this point out the House Agriculture Com- way. None of us has had a drop in our legislation by including provisions that mittee passed its version of this assist- income to 1930s levels in real dollars— should be debated and considered open- ance package June 20. It passed on a none of us. Has anybody here had a ly in the farm bill debate. I think we voice vote in the House—get it out, get huge drop in income back to 1930 levels are making decisions that are taking the assistance out to farmers. It did in real dollars? I do not think so. But, away from the 2002 budget for 2001 and not even have a vote. They passed it by family farmers have suffered a collapse reducing either a 2002 emergency pack- a voice vote, June 26, a full month be- of this magnitude to their income. age or the next farm bill money by $2 fore we even held committee markup We have had people say things are billion. in the Senate. better today on the family farm; prices My last point is this: I am concerned I might also point out it was the are up; Gee, things are really going about the tone of some of my col- ranking member of the House, the dis- along pretty well and looking up. If leagues in terms of their debate, espe- tinguished Congressman from Texas, you take 15- or 25-year lows and say cially on the other side of the aisle, CHARLIE STENHOLM, who led the charge prices have improved slightly, you who argue that we on this side of the to keep the package at $5.5 billion. could make the case they have im- aisle were responsible for holding up Let me go through that time line proved slightly, but you still have dra- this bill and putting agricultural as- again: The Senator from Iowa took the matically lower income than you have sistance for our farmers and ranchers reins of the Committee on June 5, the had for many years. Another thing that in jeopardy. House Agriculture Committee passed must also be considered is this year’s We have already told every farm the bill on June 20, and the full House dramatically higher input costs, such lender, every farmer and rancher in passed the bill by voice vote on June as fertilizer and fuel prices. America, that a double AMTA payment 26. Yet, we did not even act in the Sen- The only people who, in my judg- was coming. Why? Because of the loss ate Agriculture Committee until July ment, can say things are much better

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8426 CONGRESSIONAL RECORD — SENATE July 31, 2001 are the people who are not getting up There is something disconnected in At the end of the day, instead of get- in the morning to do chores or trying public policy. The question is, are fam- ting $5.5 billion or $7.4 billion, we get to figure out how to make a tractor ily farmers like the little old diner zero out of it, and that would be very work to make a family farm operate on that is left behind when the interstate harmful to the farmers across this a daily basis. comes through? It is a romantic notion country—the wheat farmers and the The question is not so much what to talk about them, but that is yester- grain crop farmers across Kansas. It does Washington think; the question is day’s dream. Is that what family farms would be very harmful to my family what do family farmers know. I will are? Some think that. Some think our who is looking at a situation where tell you what they know. They know future is mechanized corporate agri- prices have been low and production they are hanging on by their financial culture from California to Maine. high and where we have not opened up fingertips struggling to see if their I think the family unit and family foreign markets. family can stay on the farm when they agriculture which plants the seeds for I was in Wilson, KS, at the Czech fes- are receiving 1930s prices and paying family values that nourish and refresh tival talking with farmers there. Over- inflated prices for every one of their in- our small town and big cities—the roll- all, they appreciate the freedom and puts when putting in a crop. ing of those valleys from small towns flexibility in this farm program but The amendment before us is to cut to big cities—has always represented would like us to open up some of these this funding for family farmers by $1.9 the refreshment of character and value markets. They say we have not done billion. It is an honest amendment. in this country. Family farms are im- that in sufficient quantity yet. You have a right to propose a cut, and portant to our future. They say as well they need support you have a right to say farmers do not This amendment is asking that we from the farm program and they need deserve this much help. It is not accu- cut back by $1.9 billion the amount of it now. They do not need it taking rate to say if this amendment is adopt- emergency help that family farmers place 6 months from now. If you are ed that farmers will receive a double need just to keep their heads above looking at saying we have $5.5 billion AMTA payment. The fact is, they will water until we can get them across this or zero, they will say the $5.5 billion, not. This amendment will reduce the price valley. We need a bridge across that is what we need to do. amount of help available to family these valleys for family farmers. We farmers. need a better farm program to provide It looks to me as if we are staring at It is interesting to me that we have that bridge. In the meantime, we need a very dangerous gamble saying: OK, had four successive years of emergency this legislation and we need to defeat we think we can bounce this number up legislation to respond to the defi- this amendment. another nearly $2 billion, and we are ciencies of the current farm program. I Mr. President, I yield the floor. looking at less than a week to do this. can remember the debate on the farm The PRESIDING OFFICER. Who In that period of time, it has to clear program—a program I voted against. yields time? the Senate, get to the House, and the This was nirvana. Boy, was this going Mr. BROWNBACK. Mr. President, I President has to say: Yes, you are to solve all our problems. We now know ask that I be yielded 6 minutes from right, I have changed my mind; it is it solved none of our problems. the ranking member’s time. not $5.5 billion; I will jump that num- Year after year we have had to pass Mr. LUGAR. Will the Senator accept ber up some. an emergency bill. Why? To fill in the 5 minutes? We are almost at our limit. I do not think that is a safe gamble hole of that farm program that did not The PRESIDING OFFICER. The Sen- at all, and it is not a gamble we should work. We need to get a better farm pro- ator has 4 minutes 45 seconds remain- make the farmers of the United States gram. We are about the business of ing. and the farmers across Kansas take doing that. In the meantime, we need Mr. BROWNBACK. I will even accept when we are looking at this particular to save family farmers and help them 4 minutes 45 seconds at this point. type of difficult financial situation in get across those price valleys. Every- Mr. LUGAR. Very well. I yield that which the farmers find themselves. thing in this country is changing. Go time. It is responsible for us to support Mr. BROWNBACK. Mr. President, I to a bank and in most places that bank Senator LUGAR and what he is putting is owned nationally with little wish to respond to some of the com- forward to get the $5.5 billion that has branches around the country. ments made today and strongly urge been promised. It is a responsible thing Do you want to get something to eat? my colleagues to support the effort put for us to do, even though we would like In most cases, you are going to get forth by Senator LUGAR to get this as- to put more into the farm program. something to eat at a food joint that sistance now to the family farmers in This we can do; this we should do. I be- has ‘‘mom and pop’’ taken down and it my State and across this country. lieve this is something we must do, and The Senator from North Dakota just has a food chain logo on top. we must do it now. spoke about the need to get this help Do you want to go to a hardware I urge my colleagues to vote for the to the family farmers and the people store? Local hardware stores are not Lugar amendment. This is the type of who start the tractors and move the around much anymore. Now it is a big assistance we can and should get out bales. That is my family. That is what chain. the door. Let’s do this now and not The last American heroes, in my they do. That is what my dad and gamble on something that might be judgment, are the folks on the farm brother do. My other brother is a vet- higher in the future. still trying to make a living against all erinarian. We are intricately involved Mr. President, I reserve the remain- the odds. Sometimes they are milking in agriculture and have been for gen- cows, sometimes hauling bales, always erations. der of the time, and I yield the floor. doing chores. They also put in a crop This help is needed, but I can tell you The PRESIDING OFFICER. Who while praying it does not hail, that one thing as well: a rain today is much yields time? they do not get insects, that it does not more useful than a rain in November. Mr. HARKIN. Parliamentary inquiry: rain too much, that it rains enough. We need it during the growing season. How much time is remaining on both And if these family farmers are lucky We can use the money today and not in sides? enough to get a crop, they put it in a the next fiscal year. The PRESIDING OFFICER. The Sen- truck and drive it to an elevator, they What we are really flirting with is ator from Indiana has 1 minute 10 sec- find out that the price it is worth is the very real possibility that the Sen- onds, and the Senator from Iowa has 10 really only in 1930 dollars. They find ate could say: OK, $5.5 billion is not minutes 45 seconds. out the food they produce has no value. sufficient. We want more. I would like Mr. HARKIN. Mr. President, I yield 2 The farmer who risks everything for to have more for my farmers, but at minutes off my time to the Senator himself and his family is told: Your the end of the day, we put in a higher from Indiana. food has no value. In a world where number than the House and we cannot The PRESIDING OFFICER. The Sen- people go to bed with an ache in their get to conference in time and the ator from Indiana. belly because it hurts to be hungry, our President, on top of that, has said he Mr. LUGAR. Mr. President, I thank farmers are told their food has no will veto the bill if it is over $5.5 bil- the distinguished chairman for his value. lion. thoughtfulness.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8427 I hope Senators will support my know he feels deeply this is the way we complete action this week, so that the Farm amendment and vote no against the ta- should go. Quite frankly, as we all are Service Agency can process payments after bling motion. I ask them to do this be- friends on the Senate floor, we differ enactment. As part of the Economic Loss Assistance cause I believe it is the only way in sometimes on how we ought to proceed package, we support continuing the level of which farmers are going to receive any and what is needed to meet the needs support for oilseeds provided in last year’s money. of our constituents. I respectfully dis- plan of $500 million. Prices for oilseeds are at I will go over the situation again. If sent from that position that my friend or below levels experienced for the 2000 crop. we adopt the House language, we do from Indiana has taken. Farmers and their lenders expect Congress to not have a conference, and that is very I believe the $5.5 billion passed by the maintain oilseed payments at last year’s lev- important, because in a conference House is inadequate. I am not just say- els. For this reason, we support making funds with the House, other items could arise ing that. Read the letters I have had available for oilseed payments from the $7.35 that are of concern to Senators. As it printed today from the American Farm billion provided in the Budget Resolution for is, we know the parameters of the bill Bureau, the National Wheat Growers, FY–2002. This is the same approach used for as we see them. Adoption by the Sen- the National Corn Growers, the Na- 2000 crop oilseeds, when $500 million in FY– ate of the House language means we tional Soybean Association, and on and 2001 funds were made available. We only ask have no conference, the President signs on and on. Every one of them is saying that oilseed producers receive the same sup- the bill, and the money goes to the it is inadequate; that we have to pro- port, and in the same manner, provided last farmers. year. vide the same payments to our farmers Thank you very much for your efforts to We have received from the CBO as- this year as we did last year. provide fair and equitable treatment for oil- surance that this bill must be success- I have heard talk that the markets seed producers in this time of severe eco- fully conferenced and passed by the have improved. That is not true. The nomic hardship. Senate and the House before we recess, livestock sector has gone up a little Sincerely yours, and the President must sign it in the bit; that is, the livestock sector but BART RUTH, month of August or there will be no not the crop sector. We hear the aggre- President, American Soybean Assn. checks. None. Senators need to know gate income has gone up. LLOYD KLEIN, that. Mr. President, say we are in a room President, National Sunflower Assn. The fact is, we have a difference of STEVE DAHL, of 10 people and we are talking about President, U.S. Canola Assn. opinion. But the specialty crops are prescription drug benefits for the elder- cared for by the House bill. The AMTA ly. We have 10 people in the room and NATIONAL BARLEY GROWERS ASSOCIATION payments are cared for—not in the you put Bill Gates in the room. All of (NBGA)—POSITION STATEMENT quantity that persons in either of these a sudden you say the aggregate income INCOME AND MARKET LOSS ASSISTANCE FOR THE categories wish to achieve but this is in the room is $1 billion per person so 2001 CROP emergency spending. It is our one op- why do you need benefits under Social The Fiscal Year (FY) 2002 budget resolu- portunity to do it. Security? That is what they are say- tion provides $5.5 billion in additional agri- I am hopeful, in a bipartisan way, we ing. cultural assistance for crop year 2001 and an will reject tabling; we will pass the increase of $73.5 billion in the agriculture Yes, aggregate income has gone up budget baseline through 2011. The budget res- amendment; we will go to the Presi- because of the livestock sector, but olution also provided flexibility in the use of dent, united with the House; and we that has not happened with the crop a total of $79 billion. Because agricultural will get the money to the farmers. This sector. Because of the increase in the prices are not improving and production is very important, as opposed to having price of fuel and fertilizers, farmers costs continue to escalate, NBGA believes it a partisan issue, as opposed to dis- today are in worse shape than they will be difficult to fully address the chron- cussing how sad it was that somehow were last year. ically ailing agriculture economy if Congress we miscalculated, how sad it was, in- The House bill provides 85 percent of provides no more than $5.5 billion in assistance. deed, for the farmers that we were at- the support level we provided last year Although projections show a rise in farm tempting to help. and the year before. The bill the com- income, this is largely due to the fact that Finally, I believe we are doing some- mittee reported out—and it was not a analysis project livestock cash receipts to thing responsible. I believe we are fill- straight party line vote either —the rise from $98.8 billion in 2000 to $106.6 billion ing in the gap for income, and our esti- bill we reported out provides for 100 in 2001. At the same time, cash receipts from mates are that farmers will have less percent of what they got last year and crop sales are up less than $1 billion. Further, producers continue to face his- this year, and we are going to make the year before. As I said, all of the certain they have more; that country toric low prices and income as well as in- groups we have received letters from creased input costs. In 2000, farm expendi- bankers are paid and they can count on support this position. tures for fuel and oil, electricity, fertilizer it; and that farmers will plant again I ask that by unanimous consent a and crop protection chemicals are estimated and they can count upon it. Any farmer letter from the National Cotton Coun- to increase farmers’ cost $2.9 billion. This listening to this debate wants us to cil of America be printed in the year, USDA estimates those expenses will pass the bill today and to move on with RECORD, along with a position paper rise an additional $2 billion to $3 billion the House and the President. They do from the National Barley Growers As- while farm income continues to decrease. not want haggling over who is respon- These issues affect every sector of agri- sociation, and a letter dated today culture. sible, which party really cares more, from the Oil Seed Federation, the We urge Congress to mandate that the Sec- which crop should have had something American Soybean Association, the retary of Agriculture make emergency eco- more, or an opportunity for mischief to National Sunflower Association, and nomic assistance for the 2001 crops in the occur in the conference, in which fi- the U.S. Canola Association. form of a market loss assistance payment at nally the whole issue revolves on some- There being no objection, the letters the 1999 Production Flexibility Contract thing other than what we have been were ordered to be printed in the (PFC, or AMTA) payment rate as soon as practicable prior to the end of FY01. talking about today. RECORD, as follows: I plead with my colleagues, in a bi- We believe this additional assistance will JULY 31, 2001. help addresses the serious economic condi- partisan way, to reject tabling and to Hon. TOM HARKIN, tions in the farm sector and does not jeop- support the Lugar amendment. Committee on Agriculture, Nutrition, and For- ardize the House and Senate Agriculture Mr. HARKIN. How much time do I estry, U.S. Senate, Washington, DC. Committees’ ability to develop effective new have? DEAR MR. CHAIRMAN: The undersigned oil- long-term farm policy in the near future. The PRESIDING OFFICER. The Sen- seed producer organizations strongly support ator has 8 minutes. the Committee’s efforts to complete consid- NATIIONAL COTTON COUNCIL Mr. HARKIN. Mr. President, it is not eration of legislation to provide Economic OF AMERICA, easy to say the amendment offered by Loss Assistance to producers of 2001 crops Washington, DC, June 18, 2001. prior to the August Congressional work pe- my good friend from Indiana should be Hon. LARRY COMBEST, riod. As you know, funds available for this Chairman, House Agriculture Committee, House defeated because he is my good friend purpose in FY–2001 must be expended before of Representatives, Washington, DC. and I know he is doing this in good the end of the Fiscal Year on September 30, DEAR MR. CHAIRMAN: Thank you for your faith. We have talked about this and I 2001. This deadline requires that Congress efforts on the behalf of US agriculture. It is

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8428 CONGRESSIONAL RECORD — SENATE July 31, 2001 clear your leadership has raised the level of We understand there are many legitimate amount of help to specialty crop pro- awareness of the stark economic reality fac- requests for assistance given the continued ducers in our underlying bill as in the ing US agricultural producers both in the US economic stress throughout agriculture. We Lugar amendment. To my friends on Congress and the Administration. As the urge you to develop a balanced package and both sides of the aisle, I say we in- House Agriculture Committee addresses the to include these initiatives if sufficient funds various needs of the US agricultural sector become available now or at a future date and cluded moneys for crops all over this in its markup for emergency assistance, the the ability of the Committee to write effec- country. We didn’t just single out one National Cotton Council supports the alloca- tive long term farm policy, consistent with or two. tion of at least $5.5 billion for market loss the Council’s and other groups’ testimony, is I am hopeful we can table the amend- assistance payments. This amount is suffi- not jeopardized. ment offered, I know in good faith, by cient to provide economic assistance in the Sincerely, my friend from Indiana. But we have to form of a market loss assistance payment at JAMES E. ECHOLS, meet our needs. We have to meet the the 1999 AMTA payment rate and is the min- Chairman. needs of our constituents. imum necessary for an effective response to Mr. HARKIN. All we are saying is the continued economic crisis that pervades I make one final point: The com- the entire cotton industry. Even this amount that we have a tough situation in agri- mittee bill is in full compliance with will result in less total assistance than was culture. There is no reason why we the budget resolution. We did exactly provided to producers in 2000. shouldn’t provide 100 percent of pay- what the Budget Committee allowed us U.S. cotton producers have seen prices paid ments. That is what we did in our bill. to do: $5.5 billion is spent before Sep- for all inputs rise by 10% since 1999, as meas- I point out the House bill initially tember 30; the other moneys in the ured by USDA. Prices in U.S. agricultural started out at $6.5 billion. An amend- next fiscal year. That is exactly what commodity futures markets are trading 55% ment was offered to put it at $5.5 bil- to 65% of the values present in 1995. For cot- the budget resolution allows. ton, the December contract on the New York lion, and it passed by one vote. Two of I yield the floor. Board of Trade (NYBOT) averaged 63 cents those who voted sent me letters, which The PRESIDING OFFICER (Mr. per pound from mid May to mid June in 2000. I have included in the RECORD, saying JOHNSON). It is now 3 o’clock. Under For the last 30 days the December 2001 con- they want a more comprehensive bill, the previous order, the Chair recog- tract on NYBOT has averaged just 47 cents. one that includes the Senate’s provi- nizes the Senator from Nevada. The squeeze on cotton producers is incred- sions. Mr. REID. Mr. President, I move to ibly intense. I say the responsible thing to do is to table the Lugar amendment and ask The National Cotton Council testified in for the yeas and nays. February seeking total support for producers meet the needs of our constituents, our in 2001 to be no less than that provided in farmers, and our farm families around The PRESIDING OFFICER. Is there a crop year 2000. In the specific case of cotton, the country. sufficient second? the combined 2000 crop year AMTA and mar- We also made the bill broader. In There is a sufficient second. ket loss assistance was 15.21 cents. A market other words, we didn’t just look at the The question is on agreeing to the loss assistance payment of 7.88 cents in 2001 program crops. We looked at a lot of motion. The clerk will call the roll. is a solid move to toward last year’s level of other crops: the crops in the North- The legislative clerk called the roll. combined support. This assumes the entire west, the peas and lentils and chick The PRESIDING OFFICER. Are there $5.5 billion allocated for 2001 in this year’s any other Senators in the Chamber de- budget resolution is dedicated to market loss peas, we looked at apples and what is happening to our specialty crops there. siring to vote? assistance. Any reduction below $5.5 billion The result was announced—yeas 52, There are a lot of other farmers in the for market loss assistance further harms the nays 48, as follows: US agriculture production sector. country who are hurting and who need The National Cotton Council seeks addi- assistance. We included them, also. I [Rollcall Vote No. 261 Leg.] tional funding for other critical issues facing don’t see why we should leave them YEAS—52 our industry, including (1) cottonseed assist- out. Akaka Dorgan Lincoln Baucus Durbin ance; (2) elimination of the 1.25 cent Step 2 We made 100 percent of payments but Mikulski threshold; and (3) use of a modified base for Bayh Feingold Miller the calculation of market loss assistance we reached out. We also put in some Biden Feinstein Murray payments. Low cottonseed prices plague the strong conservation measures. The Bingaman Graham Nelson (FL) Lugar amendment leaves out all of the Boxer Harkin Nelson (NE) industry for the third year in a row and cut Breaux Hollings substantially into producer income. For the conservation provisions we put in the Reed Byrd Hutchinson Reid past 2 crop years Congress has recognized the Cantwell Inouye bill. The people that need that con- Rockefeller Carnahan Jeffords impact of low cottonseed prices on producers servation are all over this country, Sarbanes Carper Johnson and ginners and provided cottonseed assist- anywhere from Georgia, to Washington Schumer ance payments. Offers for 2001 new crop cot- Cleland Kennedy State and California, to New York and Clinton Snowe tonseed are as low as those faced in the most Kerry Maine. Conrad Kohl Stabenow recent 2 years. Torricelli These conservation moneys do two Corzine Landrieu The National Cotton Council seeks elimi- Daschle Leahy Wellstone nation of the 1.25 cent threshold in the Step things: They help our farm income, and Dayton Levin Wyden 2 competitiveness provision. The U.S. textile they help our farmers. But they also Dodd Lieberman industry is reeling from the impact of textile help all in society by cleaning up our NAYS—48 and apparel imports associated with a strong water and cleaning up our air and soil Allard Ensign McConnell dollar. U.S. mills used 11.4 million 480-lb. runoff. The conservation funding would bales of US in cotton in 1997, but current use Allen Enzi Murkowski Bennett Fitzgerald Nickles rates are under 8.5 million. U.S. exports of lie dormant for the Wetland Reserve Program, the Farmland Protection Bond Frist Roberts raw cotton are also hampered by the Brownback Gramm Santorum strength of the dollar. Improved competi- Program and the Wildlife Habitat Im- Bunning Grassley Sessions tiveness in the face of external forces is crit- provement Program. Burns Gregg Shelby ical to the economic health of the U.S. cot- I think we are doing the responsible Campbell Hagel Smith (NH) ton industry. Chafee Hatch Smith (OR) thing. I believe if we were to pass the Cochran Helms Specter The National Cotton Council also seeks re- committee-passed bill—and I believe lief for producers whose recent planting his- Collins Hutchison Stevens the votes are here—and go to con- Craig Inhofe Thomas tory differs substantially from the acres en- ference with the House, we can be back Crapo Kyl Thompson rolled in the production flexibility contracts DeWine Lott Thurmond (PFC). The use of the PFC base for delivery from conference with the House, I Domenici Lugar Voinovich of supplemental market loss assistance would hope, no later than tomorrow Edwards McCain Warner speeds payments to producers, but may not night, perhaps by Thursday. We would The motion was agreed to. adequately address losses associated with ac- have a good conference report, one that Mr. DASCHLE. I move to reconsider tual production. The NCC proposal will not could be broadly supported. I believe the vote. slow delivery of market loss assistance pay- the President would do well to sign Mr. HARKIN. I move to lay that moments, but provides producers with an option that bill. to apply for additional assistance based on a tion on the table. modified base calculation. This enables the Again, we will probably have to make The motion to lay on the table was committee to more closely align production compromises in conference. I under- agreed to. with supplemental assistance without slow- stand that. I point out to all who will The PRESIDING OFFICER. The ma- ing the delivery of this critical aid. be voting, there is three times the jority leader.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8429 Mr. DASCHLE. Mr. President, could I nonpartisan way. He certainly did that. call vote on them in order to dem- have the attention of our colleagues. Sometimes I think maybe he got a lit- onstrate to all the Members how quick- f tle carried away doing that. But he did ly we are moving nominations. The a great job. I know he has friends on EXECUTIVE SESSION Ziglar nomination received a hearing both sides of the aisle. When he came before the Judiciary Committee within to me to talk about the possibility of two weeks of the time that the other NOMINATION OF JAMES W. becoming Commissioner of the Immi- side of the aisle allowed the Senate to ZIGLAR, OF MISSISSIPPI, TO BE gration and Naturalization Service, I reorganize. We also held hearings for COMMISSIONER OF IMMIGRATION questioned him about his desire to do ASA HUTCHINSON, the President’s AND NATURALIZATION that, but he assured me he was pre- choice to head the Drug Enforcement pared for that challenge and that he Mr. DASCHLE. Mr. President, I ask Administration, along with four judi- wished to do so. unanimous consent that the Senate cial nominees and two additional Jus- I am glad he has been confirmed. I proceed to executive session to con- tice Department nominees. This pace hope my colleagues will join him at the sider Calendar No. 286, the nomination was probably the fastest the Judiciary reception this afternoon. Certainly we of James Ziglar to be Commissioner of Committee has moved on nominations all wish him well in this very impor- Immigration and Naturalization; that in the last six years. tant job that is going to take a lot of the nomination be confirmed, the mo- administrative ability and a lot of will- In addition, we completed confirmation to reconsider be laid upon the ingness to make changes to make sure tion hearings on Robert Mueller’s nom- table, any statements thereon be print- that agency is run more efficiently. ination for FBI director this morning. I ed in the RECORD, the President be im- I also hope this is a sign that this is am pleased that we were able to begin mediately notified of the Senate’s ac- the first of many nominations that will his hearing within days of receiving tion, and the Senate return to legisla- follow very shortly that will move as the papers from the White House. If he tive session. quickly and easily as this one, that is not blocked by the other side, we The PRESIDING OFFICER. Is there this is the opening in the floodgates. will bring him up Thursday before the objection? I thank Senator DASCHLE for bring- Judiciary Committee. Mr. LEAHY. Reserving the right to ing up the nomination. object, and I shall not, may I be recog- I am particularly pleased that we Mr. COCHRAN. Mr. President, I’m were able to move quickly to consider nized for 2 minutes as soon as the Sen- pleased the Senate has confirmed the James Ziglar’s nomination. I think he ate has completed this action? nomination of Jim Zigler to the Com- is extraordinarily qualified to head the The PRESIDING OFFICER. Without missioner of the Immigration and Nat- Immigration and Naturalization Serv- objection, it is so ordered. uralization Service. He is well suited Without objection, the foregoing re- ice, and I applaud President Bush for for this job, and I am sure he will dis- quest is agreed to. charge the responsibilities he is under- choosing him. Mr. Ziglar will work The clerk will report the nomination. with both Republicans and Democrats. The legislative clerk read the nomi- taking with a high level of competence and dedication. He will not seek partisan advantage nation of James W. Ziglar, of Mis- but will rather act in the Nation’s best sissippi, to be Commissioner of Immi- Jim once served on the staff of Sen- ator James O. Eastland of Mississippi interest, just as he has as Sergeant at gration and Naturalization. Arms here. The nomination was considered and whom I succeeded when he retired from confirmed. the Senate in 1978. One of Senator It was a very good move when Sen- The PRESIDING OFFICER. The ma- Eastland’s interests and responsibil- ator LOTT first appointed him to this jority leader. ities when he was Chairman of the Ju- position. I am very impressed with Mr. DASCHLE. Mr. President, I diciary Committee was the work of him. I am pleased to be his friend, and thank my colleagues. INS. I can recall his very close super- I am happy to vote for his nomination. We have all come to know and, I vision of the work of his agency when He has a distinguished background as would say, have a great deal of affec- I was a Member of the House. a lawyer, investment banker, and gov- I know Jim Eastland would be very tion for Jim Ziglar. He has been an ex- ernment official. As Sergeant at Arms, traordinary Sergeant at Arms. This proud indeed that his former protege, Jim Zigler, has been confirmed today he worked behind the scenes to ensure afternoon there is a reception. I hope that the business of the Senate went our colleagues will wish Mr. Ziglar as Commissioner. I’m proud of Jim, too, and wish for him much success and smoothly even in stressful times such well. as the impeachment trial of President I have come to admire his work and satisfaction in this important new job. Clinton. We here all owe him a debt of have said already on the floor how Mr. HATCH. Mr. President, I am gratitude for his hard and effective much I appreciate his commitment to pleased that we have the opportunity the Senate, to this institution, to pub- to consider today the confirmation of work. lic service. the Honorable James Ziglar for Com- These next few years will be a pivotal In an effort to accelerate his nomina- missioner of the Immigration and Nat- time for the INS and for immigration tion and confirmation, we wanted to uralization Service. While there is lit- policy in the United States. The Ad- have the opportunity to take this mat- tle doubt that Mr. Ziglar faces tremen- ministration has expressed interest in ter up prior to the time his reception is dous challenges as commissioner of the reorganizing the INS and having the held this afternoon. INS, I also believe that there is little new Commissioner implement the reor- I think on behalf of the entire Sen- doubt that Mr. Ziglar has the ability to ganization plan. The Administration is ate, we wish Jim Ziglar well in his new take on those challenges. I therefore also apparently considering proposing role and new responsibilities. I can join my colleagues in support of his numerous changes in immigration law think of no one who could serve more confirmation and look forward to great as part of bilateral discussions with ably. I am grateful to my colleagues things from Mr. Ziglar and the Immi- Mexico. I trust that Mr. Ziglar will for the consideration and ultimately gration and Naturalization Service in play a role in the Administration’s for the adoption of this confirmation. the future. consideration of these matters, and I yield the floor. The PRESIDING OFFICER. The Sen- will encourage a fair approach to the The PRESIDING OFFICER. The mi- ator from Vermont. problems faced by undocumented work- nority leader. Mr. LEAHY. Mr. President, I am glad ers from both Mexico and the rest of Mr. LOTT. Mr. President, I thank this has gone through as quickly as it the world. Senator DASCHLE for moving this nomi- has. After hearing the minority lead- nation. I have been very proud of the er’s comments, he is obviously not In addition to the new proposals the job that Jim Ziglar from Pascagoula, aware of how fast the Judiciary Com- Administration is considering, there is MS, has done as the Senate Sergeant at mittee is moving. significant unfinished business in the Arms. By the end of this week I hope that a immigration area. The new Commis- When he came, I asked him to make few more nominations will reach the sioner will inherit a number of ques- sure the office was run efficiently and Senate floor from the Judiciary Com- tionable immigration policies that fairly, certainly in a bipartisan way, a mittee. If they do, I will request a roll Congress enacted five years ago in the

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There are Archbishop Theodore McCarrick de- play a role in the Administration’s also a number of unresolved issues scribed in an op-ed in the July 22 Wash- consideration of these matters, and from the last Congress that we must ington Post, a Kosovar Albanian was will encourage a fair approach to the address in this one. summarily removed from the U.S. after problems faced by undocumented work- Mr. Ziglar promised at his confirma- the civil war in Kosovo had already ers from both Mexico and the rest of tion hearing to be an advocate for the made the front pages of America’s the world. many fine men and women who work newspapers. I believe we must address In addition to the new proposals the for the INS, and I was glad to hear him this issue in this Congress. Administration is considering, there is say that. I know that in my State In addition to questioning expedited significant unfinished business in the there are many hardworking men and removal and detention, I hope that Mr. immigration area. The new Commis- women who work for the Law Enforce- Ziglar will work with us to address sioner will inherit a number of ques- ment Support Center, the Vermont some of the other serious due process tionable immigration policies that Service Center and Sub-Office, the concerns created by passage of the Congress enacted five years ago in the Debt Management Center, the Eastern Antiterrorism and Effective Death Illegal Immigration Reform and Immi- Regional Office, and the Swanton Bor- Penalty Act and the Illegal Immigra- grant Responsibility Act. There are der Patrol Sector. These are employees tion Reform and Immigrant Responsi- also a number of unresolved issues Mr. Ziglar can rely on in his attempt bility Act in 1996. Through those laws, from the last Congress that we must to improve the agency. Congress expanded the pool of people address in this one. One of the bigger issues facing the who could be deported, denied those Mr. Ziglar promised at his confirma- next Commissioner will be restruc- people the chance for due process be- tion hearing to be an advocate for the turing the INS. I strongly support im- fore deportation, and made these many fine men and women who work proving the agency and giving it the changes retroactive, so that legal per- for the INS, and I was glad to hear him resources it needs. The tasks we ask manent residents who had committed say that. I know that in my State the INS to do range from processing offenses so minor that they did not there are many hardworking men and citizenship applications to protecting even serve jail time suddenly faced re- women who work for the Law Enforce- our borders, and I agree that there are moval from the United States. The Su- ment Support Center, the Vermont some internal tensions in the INS’ mis- preme Court has recently limited some Service Center and Sub-Office, the sion that might be resolved. I also be- of the retroactive effects of those laws, Debt Management Center, the Eastern lieve, however, that we must ensure in INS v. St. Cyr, but we must do more Regional Office, and the Swanton Bor- that the INS does not lose its to bring these laws into line with our der Patrol Sector. These are employees strengths, which I think are well rep- historic commitment to immigration. Mr. Ziglar can rely on in his attempt resented by the great efficiency of the Many of us have attempted throughout to improve the agency. INS offices in Vermont. I intend to the last five years to undo the legisla- One of the bigger issues facing the play an active role in the development tion we passed in 1996—it remains a next Commissioner will be restruc- and consideration of any INS reorga- high priority and I hope we can find turing the INS. I strongly support im- nization plan. areas of agreement with Mr. Ziglar and proving the agency and giving it the I am also heartened that Mr. Ziglar the Administration. resources it needs. The tasks we ask questioned our nation’s use of expe- Mr. Ziglar did not present himself at the INS to do range from processing dited removal and detention at his con- his confirmation hearing as an expert citizenship applications to protecting firmation hearing. Later this week I on immigration and immigration law— our borders, and I agree that there are will join with Senator BROWNBACK and he said frankly that he has much to some internal tensions in the INS’ mis- others to introduce the Refugee Pro- learn. He did offer his expertise in man- sion that might be resolved. I also be- tection Act, which would sharply limit agement and promised to work hard to lieve, however, that we must ensure the use of expedited removal and resolve some of the problems the INS has that the INS does not lose its duce the use of detention against asy- faced over recent years. We in Congress strengths, which I think are well rep- lum seekers. I think I can speak for want to be partners in this effort, and resented by the great efficiency of the Senator BROWNBACK in saying we look I hope that the excellent working rela- INS offices in Vermont. I intend to forward to working with Mr. Ziglar to tionship we have had with Mr. Ziglar play an active role in the development move this legislation. over the years will continue in his new and consideration of any INS reorga- The use of expedited removal, the capacity. nization plan. process under which aliens arriving in James Ziglar is the President’s I am also heartened that Mr. Ziglar the United States can be returned im- choice to be the Commissioner of the questioned our nation’s use of expe- mediately to their native lands at the Immigration and Naturalization Serv- dited removal and detention at his con- say-so of a low-level INS officer, calls ice, and I am happy to vote for his firmation hearing. Later this week I the United States’ commitment to ref- nomination. He has a distinguished will join with Senator BROWNBACK and ugees into serious question. Since Con- background as a lawyer, investment others to introduce the Refugee Pro- gress adopted expedited removal in banker, and government official. Fur- tection Act, which would sharply limit 1996, we have had a system where we thermore, he was a distinguished Ser- the use of expedited removal and re- are removing people who arrive here ei- geant at Arms of the Senate, serving duce the use of detention against asy- ther without proper documentation or the needs of every Senator in a time of lum seekers. I think I can speak for with facially valid documentation that great partisanship. He worked behind Senator BROWNBACK in saying we look an INS officer simply suspects is in- the scenes to ensure that the business forward to working with Mr. Ziglar to valid. This policy ignores the fact that of the Senate went smoothly even in move this legislation. people fleeing despotic regimes are stressful times such as the impeach- The use of expedited removal, the quite often unable to obtain travel doc- ment trial of President Clinton. We process under which aliens arriving in uments before leaving—they must here all owe him a debt of gratitude for the United States can be returned im- move quickly and cannot depend upon his hard and effective work. mediately to their native lands at the the government that is persecuting These next few years will be a pivotal say-so of a low-level INS officer, calls them to provide them with the proper time for the INS and for immigration the United States’ commitment to ref- paperwork for departure. In the limited policy in the United States. The Ad- ugees into serious question. Since Con- time that expedited removal has been ministration has expressed interest in gress adopted expedited removal in in operation, we already have received reorganizing the INS and having the 1996, we have had a system where we reliable reports that valid asylum new Commissioner implement the reor- are removing people who arrive here ei- seekers have been denied admission to ganization plan. The Administration is ther without proper documentation or our country without the opportunity to also apparently considering proposing with facially valid documentation that convince an immigration judge that numerous changes in immigration law an INS officer simply suspects is in- they faced persecution in their native as part of bilateral discussions with valid. This policy ignores the fact that

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8431 people fleeing despotic regimes are Mr. DASCHLE. Mr. President, I sug- Mr. SPECTER. Mr. President, I ask quite often unable to obtain travel doc- gest the absence of a quorum. unanimous consent that reading of the uments before leaving—they must The PRESIDING OFFICER. The amendment be dispensed with. move quickly and cannot depend upon clerk will call the roll. The PRESIDING OFFICER. Without the government that is persecuting The senior assistant bill clerk pro- objection, it is so ordered. them to provide them with the proper ceeded to call the roll. (The text of the amendment is print- paperwork for departure. In the limited Mr. HARKIN. Mr. President, I ask ed in today’s RECORD under ‘‘Amend- time that expedited removal has been unanimous consent that the order for ments Submitted and Proposed.’’) in operation, we already have received the quorum call be rescinded. Mr. SPECTER. Mr. President, I am reliable reports that valid asylum The PRESIDING OFFICER. Without proposing this amendment on behalf of seekers have been denied admission to objection, it is so ordered. Senators LANDRIEU, COLLINS, SCHUMER, our country without the opportunity to f SNOWE, LEAHY, ALLEN, BIDEN, BOND, BREAUX, CARNAHAN, CARPER, CHAFEE, convince an immigration judge that EMERGENCY AGRICULTURAL AS- CLELAND, CLINTON, COCHRAN, DODD, they faced persecution in their native SISTANCE ACT OF 2001—Continued lands. To provide just one example, as EDWARDS, FRIST, GREGG, HELMS, HOL- Archbishop Theodore McCarrick de- Mr. HARKIN. Mr. President, we are LINGS, JEFFORDS, KENNEDY, KERRY, LIE- scribed in an op-ed in the July 22 Wash- still on the agriculture package. After BERMAN, LINCOLN, MIKULSKI, MILLER, ington Post, a Kosovar Albanian was having had this last vote, I think it is REED, ROCKEFELLER, SARBANES, SES- summarily removed from the U.S. after the wish of the Senate that we move SIONS, SHELBY, SMITH of New Hamp- the civil war in Kosovo had already ahead on this bill so we can go to con- shire, THOMPSON, THURMOND, made the front pages of America’s ference. TORRICELLI, and WARNER. newspapers. I believe we must address Again, I remind Senators, as others As the distinguished manager, the this issue in this Congress. have reminded them today, time is Senator from Iowa asked for a time In addition to questioning expedited running short. We would like to finish agreement—if I might have the atten- removal and detention, I hope that Mr. this bill if at all possible today so that tion of the Senator from Iowa. Ziglar will work with us to address we can go to conference tomorrow, Mr. HARKIN. I am sorry. some of the other serious due process hopefully finish the conference tomor- Mr. SPECTER. I am surprised that concerns created by passage of the row at some reasonable time, and come the Senator from Iowa was not listen- Antiterrorism and Effective Death back with the conference report either ing. We have a close partnership on the Penalty Act and the Illegal Immigra- late tomorrow or early on Thursday so Subcommittee on Labor, Health and tion Reform and Immigrant Responsi- we can finish the conference report and Human Services, and Education. bility Act in 1996. Through those laws, get it to the President before we leave Mr. HARKIN. I am always delighted Congress expanded the pool of people at the end of the week. to respond to the Senator from Penn- who could be deported, denied those It is going to be touch and go because sylvania. people the chance for due process be- the checks have to get out in Sep- Mr. SPECTER. I was saying I would fore deportation, and made these tember. We will not be here in August. be glad to agree to a time limit. changes retroactive, so that legal per- We will be on recess in August. Mr. HARKIN. I would, too. I hope we manent residents who had committed We do have to complete our work on can enter into a reasonable time limit. offenses so minor that they did not the bill and get it to the President. I have to consult with my ranking even serve jail time suddenly faced re- This Senator is convinced that if we member, Senator LUGAR, to see what moval from the United States. The Su- get this bill done today, we could prob- might be a good time agreement. Does preme Court has recently limited some ably finish conference tomorrow. I the Senator have anything in mind he of the retroactive effects of those laws, don’t anticipate a long conference with wants to propose? in INS v. St. Cyr, but we must do more the House. We would have to work out Mr. SPECTER. I would be agreeable to bring these laws into line with our some disagreements on spending levels. to 4 hours equally divided. historic commitment to immigration. I believe that could be done fairly expe- Mr. HARKIN. I am hopeful we do not Many of us have attempted throughout ditiously. have to go that long, I say to my the last five years to undo the legisla- If any Senators have further amend- friend. I am hopeful we could have a tion we passed in 1996—it remains a ments they would like to add, I hope shorter debate than that. That is a high priority and I hope we can find we can reach some agreement on time pretty long period of time. areas of agreement with Mr. Ziglar and limits. I hope there is not going to be The PRESIDING OFFICER. The mi- the Administration. any effort to string out the bill or to nority leader. Mr. Ziglar did not present himself at delay it. We just can’t afford to delay Mr. LOTT. Mr. President, who has his confirmation hearing as an expert this bill. We have to get it done, and we the floor? on immigration and immigration law— have to get to conference. We have to The PRESIDING OFFICER. The Sen- he said frankly that he has much to get the conference report back and get ator from Pennsylvania has the floor. learn. He did offer his expertise in man- it to the President. Mr. LOTT. Will the Senator from agement and promised to work hard to I am not saying Senators should not Pennsylvania yield? solve some of the problems the INS has offer amendments. I am just saying if Mr. SPECTER. I do. faced over recent years. We in Congress they offer amendments, let’s do so Mr. LOTT. I have a couple of observa- want to be partners in this effort, and right now. Let’s have some reasonable tions. Before we lock in any time I hope that the excellent working rela- time agreements, and then let’s finish agreement, we want to make sure we tionship we have had with Mr. Ziglar the bill so we can get to conference to- check with the leadership on both sides over the years will continue in his new morrow. for when the next vote will occur. If we capacity. I hope we can move ahead expedi- agreed to 4 hours, we are talking about The PRESIDING OFFICER. The ma- tiously and finish this bill yet today. a vote occurring at 20 minutes to 8 to- jority leader. The PRESIDING OFFICER. The Sen- night, and I am not sure Senator Mr. DASCHLE. Mr. President, I note ator from Pennsylvania. DASCHLE or I want to do that. We need that Jim Ziglar is on the floor. I want AMENDMENT NO. 1191 to do some checking. to be the first among all of our col- Mr. SPECTER. Mr. President, I call In terms of the time, I do not know leagues to congratulate him publicly. up amendment No. 1191. what the advocates or the opponents of (Applause, Senators rising.) The PRESIDING OFFICER. The this amendment want. I do think this f clerk will report. is a very important issue. We need to The senior assistant bill clerk read as make sure everybody has been con- LEGISLATIVE SESSION follows: tacted and sufficient time is available The PRESIDING OFFICER. Under The Senator from Pennsylvania [Mr. SPEC- to the proponents and opponents be- the previous order, the Senate will now TER], for himself and Ms. LANDRIEU, proposes cause this could be—well, this is one of return to legislative session. an amendment numbered 1191. the two issues that will determine

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8432 CONGRESSIONAL RECORD — SENATE July 31, 2001 whether or not this legislation goes years for the States of Colorado, Ne- tecting them from retailers that profit forward. The other one is the dollar vada, and Utah. from volatile milk prices by fattening amount. A dairy compact creates a regional their profit margins when the price of We already have a problem with the commission of delegates from each of milk rises and then keep their prices fact that the Lugar amendment was the participating States. Each State inflated long after wholesale prices not adopted, and that causes me a delegation would have three to five have already fallen. great deal of concern because I am wor- members, including at least one dairy Dairy compacts’ main benefit to con- ried now that this could lead to the ne- producer and one consumer representa- sumers is ensuring a local supply of cessity of having a conference and con- tive, all of whom would be appointed fresh milk and a stable price. Dairy cern about when we get to conference by the Governor of the State. compacts help maintain dairy farms and worried about the funds being The commissioner would have the au- which in turn preserve the environ- available for the needs of agriculture thority to regulate farm prices of class ment and open space. in this country in August or in Sep- I fluid milk. It may establish price reg- I realize there are substantial re- tember. ulation by way of a formal rulemaking gional differences and there are people We have a major problem on our process. The commission would take who have deep-seated opposition. I re- hands, and now this dairy compact formal testimony to assess the price cently conducted a hearing for the Ag- being offered on this bill significantly necessary to yield a reasonable return riculture Subcommittee of the Appro- complicates it further. All I say to the to the dairy producer. priations Committee. I have served on Senator from Pennsylvania is that be- One of the principal concerns this that subcommittee during my 20-year- fore he locks in the time we have a Senator has is the wide fluctuation plus tenure in the Senate. I convened chance to check on both sides of the there has been in dairy pricing. The that hearing in Pennsylvania and con- aisle with opponents and proponents— price has fluctuated from less than $10 ducted it because of the concerns I had and they are on both sides of the a hundredweight to $17 a hundred- heard from so many dairy farmers in aisle—for a reasonable amount of time weight. In my State of Pennsylvania, it Pennsylvania and, for that matter, in and a time for a vote will be necessary. is a constant source of concern really other States whereas, I say, the prices Mr. DOMENICI. Will the Senator putting many small dairy farmers out fluctuated from less than $10 per hun- yield? of business. dredweight to more than $17 per hun- Mr. SPECTER. I do. The compact does not cost any dredweight, which hardly gives a dairy Mr. DOMENICI. Mr. President, I say money. There is no drain on the Treas- farmer any stability as to what is hap- to the distinguished Senator, the Sen- ury. It is friendly to the consumer and pening. ator from New Mexico objects to a time I think has a great deal to recommend At the same time the milk prices are limit. I will be in the Chamber to ob- it. falling precipitously, I know as a con- ject to a time limit an hour from now, The commission takes into account sumer that I am paying more for a half 2 hours from now. I want the ag bill to the purchasing power of the public, and gallon of milk at the convenience pass, but I am not at all sure it is the any fluid milk price change proposed store. right thing to put a dairy compact on by the commission is subject to a two- The issue of milk pricing is a very at this late hour. This Senator needs to thirds approval vote by the partici- complex issue which goes all the way know a lot more about it. So my col- pating State delegations. The compacts back to New Deal legislation in the leagues know, I do not agree with the receive payments from processors pur- 1930s. When I was admitted to the bar, one being discussed, and I will not chasing class I milk and returns these one of my first jobs as a beginning law- agree to one when it is proposed. funds to farmers based on their milk yer with Barnes, Dechert, Price, Myers I yield the floor. production. and Rhoads was to help represent na- The PRESIDING OFFICER. The Sen- It is very important to note that the tional dairy products, such as Sealtest, ator from Pennsylvania. compacts are self-financed and require before the milk control commission of Mr. SPECTER. Mr. President, this no appropriation of tax revenues— Pennsylvania. The issue was having a amendment is being offered in a very State, local or Federal. Legal chal- minimum price, an adequate price, to timely way. This is the first time on lenges to the current dairy compact assure the farmer that the price would this bill that the amendment could be have been decided in its favor. It is be adequate to have a sufficient supply offered, so I do not think it is accurate constitutional. The underpinning is ar- of wholesome, clean, safe milk. Milk is to say it is being offered at a late hour. ticle I, section 10. Twenty-five States, one of the most basic commodities in The issues involved with the dairy all of which are included in this legis- our society. We have seen Agricorps compact are well known. The matter lation, have requested dairy compact proliferate in America so that the local has been debated extensively recently authority from Congress, and there family farmer is in real jeopardy. in the Senate Chamber. The Northeast have been pre-compact activities in as One of the cases I recall studying in Dairy Compact is due to expire on Sep- many as 10 of the other States. law school was a case of Nebbia v. New tember 30. The pending legislation Compacts are needed because the cur- York which established the authority dealing with the farm issue makes it rent Federal milk marketing order to establish minimum prices. The con- preeminently appropriate to offer this pricing system does not fully account stitutional scholar from my law school, amendment. for regional differences in the cost of Walton Hale Hamilton, made it a prac- The dairy compact, as envisioned in producing milk. The Federal order pro- tice just for a brief moment of levity this bill, would reauthorize and extend gram relies on State regulation for an by going back to the sites where major the Northeast Interstate Dairy Com- adjustment in fluid milk prices to ac- constitutional cases had arisen. The pact which consists of Maine, New count for regional differences. How- case of Nebbia v. New York arose be- Hampshire, Vermont, Connecticut, ever, since milk now almost always cause Leo Nebbia, who ran a store, had Rhode Island, and Massachusetts to in- crosses State lines to get to the mar- sold a quart of milk and a loaf of bread clude Pennsylvania, New York, Ohio, kets, the courts have ruled that indi- for the price of a quart of milk. Walton Delaware, New Jersey, and Maryland. vidual States do not have the author- Hale Hamilton went to Leo Nebbia’s It would authorize the Southern Dairy ity to regulate milk prices under the store and walked to the dairy case and Compact for Alabama, Arkansas, Flor- interstate commerce clause. picked out a quart of milk. As he was ida, Georgia, Kentucky, Louisiana, Dairy compacts recognize the eco- about to pay for it, he then asked Mr. Mississippi, North Carolina, Oklahoma, nomic benefits that a viable dairy in- Nebbia if he would throw in a loaf of South Carolina, Tennessee, Texas, Vir- dustry brings to a region, and dairy bread. Professor Hamilton was prompt- ginia, and West Virginia. farms are an integral component to the ly thrown out of the store, as the story It would authorize a specific North- region’s economy. Dairy compacts en- goes. west Dairy Compact within 3 years for sure customers have a continuous ade- But this compact, I believe, is very the States of California, Oregon, and quate supply of quality milk at a sta- important. It was a very contentious Washington, and would authorize an ble price. This stability gives con- issue when it was authorized for the Intermountain Dairy Compact within 3 sumers money in the long run by pro- Northeast region. I was disappointed

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8433 personally that my State and other amended by striking subsection (d) and in- fighting, and under my bill these three States were not included at that time, serting the following: States would still be allowed to have and the day of the dairy compact is ‘‘(d) ACTIVITIES NOT SUBJECT TO PROHIBI- cockfighting. going to come. I think today is a good TION.—This section does not apply to the This bill is much more than a hu- selling, buying, transporting, or delivery of mane issue. It is a serious law enforce- day. animals in interstate or foreign commerce I yield the floor, and suggest the ab- for any purpose or purposes, so long as those ment issue. I know so because my bill sence of a quorum. purposes do not include that of an animal has received the endorsement of 70 law The PRESIDING OFFICER. The fighting venture.’’. enforcement agencies from all over the clerk will call the roll. (b) EFFECTIVE DATE.—The amendment Nation. In States such as Texas, Ar- The assistant bill clerk proceeded to made by subsection (a) takes effect on the kansas, California, Oregon, Pennsyl- call the roll. date that is 30 days after the date of enact- vania, Ohio, Iowa, Mississippi, Georgia, Mr. REID. Mr. President, I ask unan- ment of this Act. North Carolina, and many others, they imous consent that the order for the Mr. ALLARD. The amendment I am recognize that this Federal loophole is quorum call be rescinded. offering is a bill I have been working undermining their ability to enforce The PRESIDING OFFICER. Without on for over 3 years in the Senate. It is their own State and county laws. Fed- objection, it is so ordered. commonly known as the cockfighting eral law is being thrown in the faces of Mr. REID. Mr. President, I have spo- bill. citizens in 47 States and used as a ken to the two managers of the bill. The bill amends the Animal Welfare shield for criminals to hide behind. There is an amendment that is of inter- Act to remove a loophole that permits As a veterinarian and supporter of est to Senator ALLARD that he wants to interstate movement of live birds for States rights, I believe it is time to offer. Senator MILLER wants to be here the purpose of fighting to States in bring parity to the laws governing ani- to vote against the amendment. It is which animal fighting is lawful. mal fighting and give law enforcement my understanding we will do this with Currently, the Animal Welfare Act greater leverage to enforce State laws. a voice vote. I ask unanimous consent makes it unlawful for any person to I appreciate Chairman HARKIN and the Specter amendment be set aside, knowingly sponsor or exhibit an ani- Ranking Member LUGAR’s assistance to Senator ALLARD be recognized for up to mal in any animal fighting venture to my efforts. Mr. BYRD. Mr. President, today, I 10 minutes following his offering of the which the animal was moved in inter- thank the Senator from Colorado for amendment, followed by a voice vote state or foreign commerce. proposing his amendment on the issue on the matter. Therefore, if an animal crosses State of cockfighting. He is a veterinarian Mr. WELLSTONE. Reserving the lines and then fights in a State where and speaks with special credibility on right to object, I don’t want to take cockfighting is illegal, that is a crime. much time, but I wanted to have about the topic of the humane treatment of The law further states, animals, given his academic training 5 minutes in response to Senator SPEC- the activities prohibited by such subsections and professional experience in service TER. shall be unlawful with respect to fighting to animals and their well-being. I un- The PRESIDING OFFICER. This is ventures involving live birds only if the fight not on the Senator SPECTER. is to take place in a State where it would be derstand that the distinguished Sen- Mr. REID. We are going to Senator in violation of the laws thereof. ator from Colorado has retained his veterinary credentials and license in ALLARD and then back to Senator This means that the law applies to Colorado, continuing to practice on oc- SPECTER. all animals involved in all types of casion and giving periodic check-ups to Mr. WELLSTONE. I ask, after the fighting—except for birds being trans- some of the dogs who are the compan- Allard amendment is disposed of, we ported for cockfighting purposes to a ions of U.S. Senators. I am also so come back to the Specter amendment. State where cockfighting is still legal. pleased to note that one of our newest Ms. LANDRIEU. Reserving the right Because of this crafty loophole, law en- to object, it is my understanding we Senators, the distinguished junior Sen- forcement officers have a more dif- ator from Nevada, is a veterinarian. will move off of this amendment—— ficult time prosecuting under their Mr. REID. For 10 minutes. This may be the first time that two State cockfighting bans. veterinarians have served in the Sen- Ms. LANDRIEU. That Senator SPEC- As introduced, this legislation will TER and I offered, and I ask unanimous ate. close the loophole on cockfighting, and About 2 weeks ago, I took to the consent to speak after Senator prohibit interstate movement of birds WELLSTONE when we get back on that floor of the Senate and spoke about for the purpose of fighting from States disturbing trends in our culture with amendment. where cockfighting is illegal to States The PRESIDING OFFICER. Without respect to the inhumane treatment of where cockfighting is legal. animals. I decried wanton, barbaric objection, it is so ordered. Illegal cockfighting is rampant in Mr. REID. Senator SPECTER has 5 acts of animal cruelty, spending some this Nation. All over the country, birds minutes. How long do you wish to time recounting the awful cir- are affixed with razors and knives, speak? cumstances of the small dog, a Bichon pumped full of steroids, stimulants, Ms. LANDRIEU. Twenty minutes. frise named Leo, who was yanked from The PRESIDING OFFICER. Without and blood clotting agents, and made to a car after a minor traffic accident and objection, it is so ordered. fight to the death—all for sport and thrown into oncoming highway traffic, money. AMENDMENT NO. 1188 in an act of terror directed at both the Not only are most of the fights them- Mr. ALLARD. Mr. President, I call dog and his horrified and traumatized selves illegal—gambling, money laun- up my amendment numbered 1188. owner. The innocent creature met a dering, assaults, and even murders are The PRESIDING OFFICER. The brutal and painful death as a con- not uncommon activities that accom- clerk will report. sequence of this hate-filled act. In this The assistant legislative clerk read pany cockfights. case, I am happy to report that some as follows: I simply do not see any place for any measure of justice prevailed in the end. of this in American society. The Senator from Colorado [Mr. ALLARD] The man who perpetrated this appall- proposes an amendment numbered 1188. Having said that, I want to make it ing and indefensible act of animal cru- clear I am a strong proponent of small- Mr. ALLARD. I ask unanimous con- elty was apprehended, tried before a er government and of States rights. I sent reading of the amendment be dis- California court, convicted of animal do not believe you will find a stronger pensed with. cruelty, and sentenced to the max- supporter of States rights in the Sen- The PRESIDING OFFICER. Without imum penalty allowed under Califor- ate today than myself. While I do not objection, it is so ordered. nia’s anti-cruelty code—3 years in pris- The amendment is as follows: personally approve of cock fighting, on. It is interesting to note that this my bill clearly protects the rights of At the end of title VII, add the following: same man was convicted earlier this States to make or keep cockfighting week of stealing a vehicle—indicating SEC. 7ll. INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL FIGHTING. legal if they so choose. I would not once again to me that there is a link (a) REMOVAL OF LIMITATION.—Section 26 of have introduced this bill if it did not. between acts of animal cruelty and the Animal Welfare Act (7 U.S.C. 2156) is Three States currently allow cock- other types of criminal conduct.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8434 CONGRESSIONAL RECORD — SENATE July 31, 2001 Two weeks ago, I also spoke about is wrong, then surely cockfighting is from Minnesota had 5 minutes and the the transformation in American agri- wrong, too. Senator from Louisiana asked for 20 culture. In all too many cases, we have These hapless birds are bred to be ag- minutes. moved away from small farms, where gressive, pumped full of stimulants, Mr. WELLSTONE. Mr. President, I animals are treated with dignity and equipped with razor-sharp knives or do not remember asking for only 5 min- respect, to large corporate farms where ice-pick-like spurs on their legs, and utes. Could somebody check on exactly animals are treated as nothing more placed in an enclosed pit, which bars where this came from? than unfeeling commodities. Pregnant their retreat or escape. They fight to Let me ask unanimous consent I be pigs confined in two-foot-wide gesta- the death, hacking one another to allowed to speak for 15 minutes. tion crates for years at a time; egg-lay- death—with punctured lungs, gouged The PRESIDING OFFICER. Is there ing hens crammed into battery cages eyes, and pierced eyes the inevitable objection? and also deliberately starved in order consequence of the combat. Mr. TORRICELLI. Reserving the to induce a molt so that they will Mr. President, today, I speak in sup- right to object, could I add, when the produce bigger eggs; young male calves port of the amendment from the Sen- Senator from Minnesota has finished, jammed into two-foot-wide crates to ator from Colorado, a veterinarian and following the remarks of the Senator produce veal, which is tender because a humane-minded person. from Louisiana, Ms. LANDRIEU, I be rec- the animals are so completely immo- Pitting animals against one another ognized to speak for 5 minutes? bilized in the crate that they cannot and causing them to fight just so that The PRESIDING OFFICER. Without move and, as a consequence, their mus- we can witness the bloodletting pre- objection, it is so ordered. cles don’t develop. I also spoke of the sents a clear moral choice for us. There Mr. WELLSTONE. Mr. President, I abuse of cattle and pigs in slaughter can be no confusion on this issue. As do not know if I will need to take 15 lines, in which animals are disassem- decent people, we must act to stop it. minutes. There will be plenty of time bled before they are killed. The law must bar this activity, and for debate. I may be back to the floor I don’t think that there is a person impose penalties upon those who would again. among us who can countenance these flout this humane standard. I thank Let me, first of all, put my comments acts of cruelty—whether they are ran- the Senator from Colorado and offer in some kind of context. These are hard dom acts of violence against animals my support of his amendment. I yield times for a lot of dairy farmers, and I or institutionalized agriculture prac- the floor. understand that full well. I am not ter- tices. The PRESIDING OFFICER. If all ribly sure the idea of a compact or the It is one thing to determine as a cul- time is yielded back, the question is on idea of balkanizing dairy farmers ture that it is acceptable to raise and agreeing to amendment No. 1188. around the country with different com- rear and then eat animals. It is another The amendment (No. 1188) was agreed pacts is the answer. In fact, I do not thing to cause them to lead a miserable to. think it is the answer at all. As we life of torment, and then to slaughter Mr. REID. Mr. President, I move to write a new farm bill, I wish the focus them in a crude and callous manner. As reconsider the vote and I move to lay would be for our farmers, corn growers a civilized society, we owe it to ani- that motion on the table. and wheat growers and other crop mals to treat them with compassion The motion to lay on the table was farmers and livestock producers and and humaneness. Animals suffer and agreed to. dairy farmers. I think the focus should they feel. Because we are moral agents, Mr. REID. Will the RECORD reflect in be on a way for our independent pro- and compassionate people, we must do that voice vote the Senator from Geor- ducers to be able to get a decent price better. gia, Mr. MILLER, voted no? in the marketplace. That is what I In our society, there are surely some The PRESIDING OFFICER. Without think this should be about. activities or circumstances which objection, it is duly noted. In Minnesota, just to give Senators cause us to weigh or balance human The Senator from Colorado. some reason as to why I come to the and animal interests. In terms of food Mr. ALLARD. Mr. President, with floor with a lot of determination and production, most people choose to eat the passage of this amendment I thank oppose the Specter amendment—I do meat but insist that the animals are the Members of the Senate. We have not mean that in a disrespectful way. I humanely treated. That is a choice we strong sponsorship on the bill as it mean the amendment proposed by my make in our culture, and it is grounded goes to conference committee. I hope colleague from Pennsylvania, Senator on the notion that we must eat in order the conferees, when they deliberate SPECTER—the dairy industry is a big to survive. this bill in conference committee, will part of our State’s economy. We have Breeding animals just for the pleas- keep in mind the strong support we 8,000 dairy farmers in Minnesota. We ure of watching them kill one another have had in the Senate. rank fifth in the Nation’s milk produc- cannot be justified in a society that ac- I yield the remainder of my time. tion. The milk production from Min- cepts the principle that animal cruelty The PRESIDING OFFICER. Under nesota farms generates more than $1.2 is wrong. It brings to mind the days of the previous order, the Senator from billion for our State’s farmers each the Colosseum, where the Romans Minnesota is recognized. year. Frankly, it adds an additional fought people against animals or ani- AMENDMENT NO. 1191 $1.2 billion by way of a multiplier ef- mal against animal in gladiatorial Mr. WELLSTONE. Mr. President, I fect to Minnesota’s overall economy. spectacles, and the people in attend- ask the Chair whether there are any I am not talking about big giants. ance reveled in the orgy of blood- time constraints at all. The average herd size in Minnesota is letting. Yet, even then, in an age The PRESIDING OFFICER. It is the 60 cows per farm. We are talking about known for its callous disregard for ani- understanding of the Chair that the family operations. We are talking mals, there were pangs of remorse and Senator would be allocated 5 minutes about family businesses with total even revulsion. The great orator Cic- at this time. sales of $1.2 billion. But between 1993 ero, after a day at the Colosseum dur- Mr. WELLSTONE. Mr. President, I and the year 2000, we lost about 5,000 ing which gladiators spilled the blood do not remember asking for only 5 min- dairy farms. That represents a loss of and eventually killed more than a utes. I do not intend to speak for very over one-third of our total dairy farms. dozen elephants, recalled that the long but if that is the agreement at the That is second only to the State of crowd was moved to tears by the sheer moment—5 minutes? Wisconsin, among the 50 States in our cruelty exhibited. The PRESIDING OFFICER. That is country. In the same way, our country is turn- correct. If you look at the upper Midwest ing against spectacles involving the in- Mr. WELLSTONE. Before I proceed States, including Minnesota and Wis- juring and killing of animals for the further, I ask whether or not each Sen- consin, Iowa, Illinois, Nebraska, North amusement of spectators. Placing dogs ator who is speaking this afternoon is Dakota, and South Dakota, our region in a pit, instigating them, and watch- limited to 5 minutes. Is that it? lost 49 percent of all the dairy farmers ing them fight to injury or death for The PRESIDING OFFICER. The only between 1992 and 1998. These are not our amusement is wrong. If dogfighting sequence at this point was the Senator just statistics; these are people’s lives.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8435 I hope, as I said earlier, we will actu- sumers. Quite frankly, I don’t know I am speaking as a Senator from Min- ally write a new farm bill which will whether or not there is a way to keep nesota. Yes, I am speaking for dairy give dairy farmers in all regions of the dairy farmers in business in any part of farmers in Minnesota. Yes, I am doing country, especially the family oper- the country. We transferred millions of everything I can to fight for dairy ations, a decent price. I am not talking dollars from millions of consumers to farmers in Minnesota just as other about these big conglomerates. I am New England dairy farmers, but the Senators would do when it comes to talking about farms where the people dairy farmers continue to go out of representing people you love. who work the land are the people who business at an equal or even faster rate I don’t even think what is being pro- make the decisions, and they live than prior to the compact. The North- posed is good for the country at all. there. There is no reason in the world east Dairy Compact has not slowed the This makes no sense. I hope Senators— why we cannot have a family-farm- loss of dairy farmers. There are less consistent with what they have always based dairy system, a dairy system New England dairy farmers. Four-hun- said they believe in, consistent with which promotes economic vitality in dred and sixty-five have left business in promises that have been made to Sen- our rural areas. the 3 years since the compact than be- ator KOHL and others, consistent with I have said it many times. The health fore the compact. It was 444 before. the idea of how we can work together and vitality of rural America, which is I could go on and on, but I think ex- rather than basically being pitted a part of America and a part of Min- panding the dairy compact sets a ter- against one another—will vote to table nesota that I love, is not going to be rible precedent. We can start doing this this amendment. based on the amount of land owned. for other American agricultural prod- I yield the floor. Somebody is always going to own the ucts as well. The PRESIDING OFFICER. Under land. Someone will own the animals. The question is, Where do we go with the previous order, the Senator from But the health and vitality of the com- all of this? The current dairy policy in Louisiana has 20 minutes. Ms. LANDRIEU. Thank you, Mr. munities is not based upon the amount this country is putting dairy farmers in Minnesota at great risk—not just in President. of land that is owned by someone or I rise to support the amendment of- the number of animals. It is the num- Minnesota but across the country. I think what we should do is estab- fered by Senator SPECTER from Penn- ber of family farmers who live there, lish a national equitable dairy system sylvania and myself along with 39 co- dairy farmers included, who live in the for all. I don’t know why in the world sponsors—actually Democrats and Re- community, who buy in the commu- Senators from different States with publicans from many different parts of nity, who support schools in the com- dairy farmers and with family-run op- the States—who see this as an excel- munity; that is what is of key impor- erations cannot work together to make lent way to help dairy farmers, to help tance. sure we have a safety net and a decent consumers, to be fair to retailers, and As if dairy farmers were not strug- price and some kind of income for to make sure children and families and gling with enough already in the Mid- dairy farmers that would help people people in every region of the United west, in 1996 Congress assisted and in especially during the time of low States have access to fresh milk at a some ways has made the price for prices. Also, I think we could end a half reasonable price. many dairy farmers much worse. That century of discrimination against the In addition—as the Senator from New is what has happened in the Midwest. Midwest as well. Jersey will speak after me—there are Again, I did not support the Freedom We will have the vote on this. I as- compelling environmental reasons in to Farm bill. I have always called it sume Senator KOHL will move to table terms of preservation of land and green the ‘‘freedom to fail’’ bill. But the this amendment. I know we will be space and open space that are at issue whole idea was you were going to de- joined by Senator FEINGOLD, Senator as well. couple farmers—you were going to de- DAYTON, and myself. This is what is so Let me address some of the concerns couple the payments to family farmers unfortunate about where we are right that the Senator from Minnesota from the Government. Of course, that now. raised. Let me begin by saying that if, is not what has happened. But this First of all, the compact is quite in- in fact—I am certain it is true because compact fixes fluid milk prices at arti- consistent with what many Senators he brings a lot of wisdom and experi- ficially high levels for the benefit of believe in terms of what we should be ence to many of these debates—it is dairy producers in one region. Now, doing. I heard my colleague from Wis- true that many of the dairy farmers in there may be other regions, according consin refer to it as a ‘‘cartel.’’ That is Minnesota have gone out of business, to this amendment. This is a different strong language. But there are an or in his area, he may well want to set of rules. awful lot of Senators in the Senate who look into the benefits of this compact. There was a study at the University do not believe in fixing prices this way. If this compact doesn’t work because of of Missouri. A dairy economist, Ken That is point one. the difference in the grades of milk, Bailey, found that Minnesota’s farm The second point is a different point. perhaps a similar kind of compact for level milk price would drop at least 21 There are a lot of Senators who sup- his dairy farmers might be helpful. In cents per hundredweight if the South- port this whom I like as friends; good the area of the Northeast where this east Dairy Compact were allowed to be people. But why in the world are we compact has now been in existence for expanded, to attach to an expanded now basically balkanizing all of the several years, benefits are obvious. Northeast Dairy Compact. dairy farmers and Senators who are They are clear. They have worked to That is a $27.2 million annual reduc- supposed to be supporting dairy farm- preserve farmers in business to hold tion of Minnesota farm milk sales. ers, cutting deals, and basically saying, down prices to a fair level but pro- Some of my colleagues say: Why OK, Northeast, now we will add the viding profit margins for the farmers. doesn’t the upper Midwest form its own Southeast? Now we will go to the There has been some real success. As compact? Minnesota and Wisconsin Northwest—keep cutting deals trying many times as we deal with many farmers would benefit from organizing to bring people in, further balkanizing issues on a variety of subjects, some- their own compact. A compact price and forgetting that we are really in the times we don’t create a national pro- boosts supplies only to fluid milk. The same boat together. gram all at one time. I am fairly famil- percentage of upper Midwest milk sales Yes, I come to the floor to fight for iar with the details of how this started. going to fluid products is so low that the upper Midwest. I come to the floor But it is often that we will start a pilot any compact would do little for Min- to fight for dairy farmers in Minnesota. program, if you will, in one part of the nesota’s farm income. But, for God’s sake, I don’t understand Nation to test and see if it works. I What happens is a negative—the sur- why some Senators want to go in the know that was not exactly the way this plus of that milk gets dumped in our direction of administering prices, cut- started, but the end result is that we State and competes with our cheese ting deals, balkanizing dairy farmers, have compacts in the Northeast which and butter market. balkanizing agriculture, balkanizing have worked very well. This is an effort We are talking about trade barriers Senators, and balkanizing the country. to expand it to the southern region, to in our country. We are talking about a This isn’t a step in the right direc- the Pacific region, to the Midwest re- compact that is not good for con- tion. It is a great leap backwards. gion—all voluntary. It is totally up to

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8436 CONGRESSIONAL RECORD — SENATE July 31, 2001 the States if they, in fact, want to join. have now passed legislation—almost a live with low prices. Sometimes they No one is forced to join this compact. majority in the country—for this par- can live with low prices if they are cer- It is the States themselves. ticular approach. tain of the price. It is the uncertainty In the last year, I have been made Let me take a moment to explain in any business market—whether you aware—not 2, not 10, not just a few in how the compact works. Compacts are are talking about farming or health one region but 25 States in the Na- formal agreements between three or care or transportation or high-tech tion—that State legislators and their more contiguous States to determine a businesses—that causes people to have Governors have petitioned for Congress price for fluid milk sold in that region. great difficulty. to allow them to basically use this self- This price is determined by a regional So the compact is a real answer to help mechanism. commission of delegates from each of that. Again, it is sort of a novel ap- The second point I will make before I the States appointed by the Governor. proach, and one that has been tried. It get into my prepared remarks is, it is It has to include at least one dairy pro- is not any longer experimental. We can a wonder we have not adopted it soon- ducer and one consumer representa- actually see that it is working. er. The Senators from Vermont—Sen- tive. I also want to just run through a few ator JEFFORDS and Senator LEAHY—are So let me just make one point. Crit- of the facts and the fictions about effective spokespersons. The fact is the ics have said: This is a cartel and we do dairy compacts. dairy compact doesn’t cost the tax- not want cartels. I mentioned this, but it is worth re- payers any direct subsidy. We spend A cartel is dangerous because usually peating: The critics say dairy compacts hours on this floor passing many farm people who get into a cartel are people cost taxpayers money. bills, which I have supported because of all one perspective, people producing Dairy compacts are self-financing. agriculture is important in Louisiana. an item, and they want to run up the There is no impact on State or Federal It costs billions of dollars. We ask tax- price. But on these commissions— treasuries. Let me repeat: No impact payers every year to put up money out which are not cartels because they are on State and Federal treasuries. of their hard-earned tax dollars to sup- not created the same way as you would Critics say the dairy compacts are port a very complex system of sub- think of a regular cartel—the people not constitutional. sidies for farmers. Louisiana farmers who drink the milk, the people who sell I do not have my copy of the Con- benefit in many ways. But this doesn’t the milk, and the people who produce stitution with me, as the Senator from cost the taxpayers a penny. the milk are all in a room together, West Virginia usually carries with him, So you would think there would be not in a back room smoking a cigar but but I can tell you, if you flip to article 100 Senators rushing to this Chamber out in a public meeting, with a public I, section 10, clause 3, of the Constitu- to vote for something that is really all record, discussing a price that works tion, it clearly allows for interstate American. It is about self-help. It is for them all. That is not a cartel. That compacts, provided they are approved about risk management. It is about is the opposite of a cartel. That is kind by State legislatures and ratified by people coming together in voluntary of a committee—an arrangements com- Congress. compacts with all of the parties equal- mittee; the American way, a Demo- So our action by law, ratifying a ly represented—no one is shut out—in cratic process—to come to a win-win compact, and then having States vol- public meetings to set a price that solution. So I reject the idea that this untarily entering into it, is absolutely works for everyone. I think it has a lot is a back room cartel. It is exactly the within the framework of the Constitu- of merit. opposite. tion. State officials and dairy producers The commission holds public hear- Third, our critics will say that dairy across the country are concerned that ings to assess the price necessary to compacts create overproduction. the current Federal milk marketing yield a reasonable return to the farm- Let me show you the next chart. The order pricing system does not fully ac- er. Any proposed price change is sub- Northeast Compact has a very effective count for regional differences in the ject to approval by two-thirds of the supply management measure which cost of producing milk. The U.S. dairy State delegations. Any State may would be included for all of the regions. industry is transporting ever-increas- leave the compact without penalty. So It provides an incentive for farmers to ing amounts of milk over increasing this is quite a voluntary measure, not limit production. It works like this: It numbers of miles to supply the fluid a mandatory measure. takes 7.5 cents for every 100 pounds of market. This is especially true in the Payments are made by the commis- milk produced and places it in a re- South. That is why I am so interested sion and are countercyclical, meaning serve, which is distributed to the pro- in this issue, as is the senior Senator when the Federal milk marketing ducers who did not increase production from Louisiana, Mr. BREAUX, who joins order prices are above the compact by more than 1 percent from the preme in this effort. commission order price, farmers don’t vious year. In the South, all the dairy-producing receive compact payments; when the Louisiana, and all other potential States are milk deficient. We are milk Federal milk marketing order price Southern dairy compact States, are net deficient. We need to be able to falls below that of the compact com- importers of fluid milk, so overproduc- produce more milk to supply our own mission, farmers receive compact pay- tion is not in the foreseeable future. So customers in the South. We can only ments. overproduction is just not foreseeable. do that if our dairy farmers stay in I show my colleagues a chart. It is However, in the 4 years since the business. If not, we will be importing the best chart I have seen to explain compact was created, milk production milk from outside of our region. this situation. I thank the Senator in New England has increased by only It is the sense of this Congress that from New Jersey for helping me display 2.2 percent, while the increase in the milk be produced in the region so it this chart. I appreciate his help. rest of the country was 7.4 percent. So can be fresh because it is quite perish- As you can see from the chart, the based on that information alone, you able. It can be produced and trans- compact helps to try to stabilize can argue that the efficiency mecha- ported easily in the region. It is perish- prices. Shown on this chart is the price nism to hold down production is actu- able, so it is expensive to ship and re- of milk as it moves up and down. ally working. Why? Not because the frigerate. Shown is the set price. The compact Senator from Louisiana says it is In the past 10 years, nearly a quarter operates so that when the Federal milk working or the Senator from Vermont, of the dairy farmers in my State have marketing order price falls below that but because the statistics show that it gone out of business. Many more are in of the compact commission, the com- is working because the production has danger of shutting down. This compact pact actually pays the difference to the been held to a reasonable level. is their way to come to us to say: We farmers. When it goes above, the farm- While the U.S. average is 7.4 percent, found a way out. We don’t need a direct er pays into the compact. the production in New England has subsidy. Just allow us this compact, Again, it is no cost to the taxpayer. been held to a low, you could say, of 2.2 and we can do it. It is a way to stabilize the price. Farm- percent—but also meeting the other So compacts are a solution. As a re- ers need certainty, just as any laudable goals. So this is a very impor- sult, as I mentioned earlier, 25 States businessperson. Sometimes people can tant fact to note.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8437 No. 4, the critics will say that a dairy help not only the States in the South Ms. LANDRIEU. Mr. President, I still compact is a trade barrier ‘‘balkan- but also in places around the country. have the floor. izing’’ the dairy market. Let me please There is a tremendous amount of sup- The PRESIDING OFFICER. The time reiterate that dairy compacts regulate port. of the Senator from Louisiana has ex- all fluid milk sales in the compact re- I believe I have exhausted the time I pired. gion, regardless of where the milk is have. There are many more Senators Ms. LANDRIEU. Mr. President, I ask produced. who want to speak. I yield for a ques- unanimous consent for 1 additional So if a farmer in another region had tion to the Senator from Vermont. minute so I may finish. Senator LEAHY a relatively low price, and thought the Mr. LEAHY. If the Senator will yield was asking me a question. Could I have compact price was higher, that farmer without losing the right to the floor, I 30 seconds? is not at all prohibited, in our legisla- ask first, how much time does the Sen- The PRESIDING OFFICER. Is there tion, from selling their milk into this ator have? objection? market. So it is not a barrier. It en- The PRESIDING OFFICER. Three Mr. DAYTON. I object. courages free trade, fair trade, among minutes. The PRESIDING OFFICER. Objec- the regions. Ms. LANDRIEU. I am happy to yield tion is heard. Fifth, our critics say dairy compacts without losing the floor. Under the previous order, the Sen- will raise retail milk prices. Let me Mr. LEAHY. I think the Senator ator from New Jersey is now recog- concede this point. It does raise milk from Louisiana would agree with me nized. prices slightly. The Agriculture De- that one of the problems we have is the Mr. TORRICELLI. Mr. President, for huge growth of one major processor. partment’s Economic Research Service purposes of a unanimous consent re- We are talking about a situation where has done a study on this, and the facts quest only, I yield to the Senator from we have a program that should be em- are in. It does raise prices to con- Pennsylvania. braced by everybody. The cost to the sumers slightly. That price is $1.06 per AMENDMENT NO. 1191, WITHDRAWN taxpayers is absolutely nothing, I be- person—$5 a year for a family of four. lieve the Senator from Louisiana will Mr. SPECTER. Mr. President, I with- I can honestly say I do not know of a draw my amendment. family in America that would not be agree. The cost to the taxpayers is absolutely nothing. The PRESIDING OFFICER. The Sen- willing to pay $5 a year so they can We are being asked to take huge ator has that right. The amendment is have available to them a supply of re- amounts of tax dollars from various withdrawn. gionally produced milk that is fresh parts of the country, a lot of it from Mr. SPECTER. Mr. President, just by and healthy, and knowing that they the eastern seaboard, to pay for pro- brief explanation, there is not going to are doing something to help their farm- grams in the Midwest. This is a probe time to debate this amendment ade- ers that is fair to their retailers and gram that costs taxpayers absolutely quately this evening. We are calcu- does not in any way hurt low-income nothing. You might wonder why the lating a vote count, and I want to give consumers. Let me repeat, there is not big processors have spent millions of my colleagues notice that this amend- a family in America, I don’t believe, dollars to try to beat it through lob- ment may well be introduced tomor- who would not be willing to pay $5 a bying and every other possible effort. row. I do have the absolute right to year for the benefits this compact pro- One of the reasons is, we see in our part withdraw it, as the Chair has recog- vides. of the world in New England, Suiza nized, and therefore the amendment is Six, the fiction that the dairy com- Foods is trying to get a stranglehold withdrawn. pact will hurt low-income consumers. on prices. The PRESIDING OFFICER. The Sen- One of the programs I have supported, When Suiza started in Puerto Rico, it ator from New Jersey is recognized as have many of the Senators, is WIC, was down here with three plants. That under the previous order. the Women, Infants and Children’s pro- is the way it started. But then Suiza Mr. TORRICELLI. Mr. President, for gram, a Federal program that is very started moving, and in the year 2000, purposes of a unanimous consent re- successful and that supplies milk to look at the area they cover with their quest only, I yield to the Senator from low-income moms and their infants in plants. Now they want to combine with Wisconsin. the School Lunch Program. People rep- Dean Foods. Here is a company that, if The PRESIDING OFFICER. The Sen- resenting WIC and consumers rep- they could get rid of all competition, if ator from Wisconsin. resenting the school lunch program are they could control the price the dairy Mr. KOHL. I thank the Senator from on these compacts within the region. farmers get, if they could tell the con- New Jersey. Their voices are heard and well rep- sumers, you are going to pay this much Mr. President, I ask unanimous con- resented. and, by the way, dairy farmers, because sent to be given 5 minutes after the Finally, as I conclude—the Senator we are the only game in town, we are Senator from New Jersey. from New Jersey will speak more elo- only going to give you this much, that The PRESIDING OFFICER. Without quently and in greater length and de- is competition? They call us a cartel. objection, it is so ordered. tail about this particular issue—this is What we are saying is, let the con- Mr. TORRICELLI. Mr. President, I also an environmental issue. As our sumers and the producers within the yield 1 minute to the Senator from dairy farmers basically serve now as region decide what they are willing to Louisiana so she may conclude her re- rings of green around many of our pay. It has worked out well for us. We marks. urban areas, this is true in Louisiana, pay less, for example, in New England, The PRESIDING OFFICER. The Sen- but it is particularly true in States where we have the compact. We pay ator from Louisiana. such as New Jersey or New York, and less than they do in Minnesota and Ms. LANDRIEU. Mr. President, I what farms are left in places such as Wisconsin, if you go to the grocery thank my colleague from New Jersey. I Florida and in California. If we can do store for the milk. so appreciate the comments of Senator something to help the dairy farmers Where is the pressure coming from LEAHY from Vermont, who has been stay in business, we keep this land and why do they want to get rid of this one of the great leaders and spokes- green; we keep it open; we keep the compact? Why do they want to get rid persons on this issue. I wanted 30 sec- possibility for the proper kind of devel- of the dairy farmers having any say onds to wrap up to say how important opment in the future. If we don’t step over it? So that Suiza and Dean Foods, this issue is for farmers not only in the in and help our dairy farmers, we will which are becoming a monopoly and southern part of the Nation. Of course, not only lose dairy farmers potentially want to control all of it—it is actually Louisiana is the State I represent. I over the long run, driving up the price a ‘‘Suizopoly,’’ I would call it, at this have heard loudly and clearly from our of milk, being unfair when there is a point—can say just how much can be farmers about how important this is. fairness to be reached here, but we will spent, where it can go. In fact, when we Frankly, Mr. President, this is an see some of these farms plowed under checked into this, we found that 90 per- issue of fairness for the whole Nation. in additional development. cent of the cost increase goes to them. We are not attempting to be unfair to Let’s do the right thing by insti- The PRESIDING OFFICER. The Sen- any particular area. This is about com- tuting voluntary compacts that will ator’s time has expired. petition. It is about free and fair trade.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8438 CONGRESSIONAL RECORD — SENATE July 31, 2001 It is about self-help, managing risk, out of business. We ask for no money. again. There will be no dairy farmers and about an idea that a compact can We want a compact. left in my State. Give it another 10 be beneficial to all parties involved. This compact will not cost the Amer- years, there will be none left in New The Northeast Dairy Compact, en- ican taxpayers a dollar, not a dime. It York. Give it 20 years, there will be acted in 1996, and due to expire this supports prices, because without those none left in Vermont. year, has proven extremely successful price supports we cannot remain in the It will be a success. Congratulations; in balancing the interests of con- dairy business. The price of land in some working class people, who have sumers, dairy farmers, processors, and New Jersey where dairy farmers oper- lived on the land for 200, 300 years, pro- retailers, by maintaining milk price ate is $10,000 an acre, $25,000 an acre. duced fresh produce for their neigh- stability, and doing so at no cost to The taxes dairy farmers pay could be bors, were put out of business. They taxpayers. $100,000. Their labor costs are high. were not put out of business to save the We have an opportunity to assure Their energy costs are high. Federal Government money, because consumers in other states an adequate, What is it we are to do, have no farm- the amendment costs no money, but affordable milk supply while maintain- ers left in New England, none in the just to deny our own State the right to ing positive balance sheets for our mid-Atlantic, close down agriculture in set a price so a farmer can get a decent farms, whose social and economic con- the South? That is what this is about. return on his money. tributions remain so critical to the vi- What is it we ask that is so unreason- What is the real price? It is the 138 tality of our country’s rural commu- able? We are not asking for any money. dairy farmers who remain. It is the loss nities. It is long past the time for us to We take nothing away from any other of a quality of life from the fresh permit states the opportunity to pro- State. We only ask the actions of our produce for local people and fresh milk. vide their farmers the stability they so own legislature be recognized. It also means this: Next year, like this desperately need. America is changing. From Wash- year, another 10,000 acres of New Jer- I thank the Senator from New Jersey ington, D.C., to Boston, MA, the Nation sey will be plowed under to suburban for allowing me to finish my remarks. is becoming one massive suburb. Shop- development. We have lost 600,000 such The PRESIDING OFFICER. The Sen- ping centers follow shopping centers, acres in recent decades. ator from New Jersey. malls follow malls, highways upon For almost 2 years, this has acceler- Mr. TORRICELLI. Mr. President, the highways. We do not fight for agricul- ated because the USDA has repeatedly Senator from Pennsylvania has with- tural prices. This amendment is not announced plummeting milk prices drawn his amendment for the moment. just about how much a dairy farmer that have directly lowered the ability But the Senate should be under no illu- earns; it is about not losing the last of of dairy farmers to earn a living. Prices sions. The amendment will return, and our agricultural land. It is about the have dropped as much as 40 percent in this fight will go on. It will go on to- great environmental issue of this dec- a month, and middle class farmers with night. It will go on tomorrow. It will ade, stopping the destruction of open high costs have had to absorb this cost. go on next week. It will go on. space. The result is known. I have already There are States in this Union that Since 1961, New Jersey, which had told it. They go out of business. There have asked, to protect their own inter- 128,000 dairy cows, is down to 20,000 is no other answer but to allow this ests, to be able to be in dairy com- cows, a loss of 108,000 producing dairy compact to go ahead. pacts—States in the South, States in cows. Since 1950, when the State of I cannot say it might not cost con- New England, and States in the North- New Jersey had 26,900 farms with sumers some money. One estimate is it east. 1,200,000 acres, we have lost a quarter of could cost 4 cents, though, indeed, in As sovereign members of the United the acreage and have but a little more New England, after they joined, their States of America, the legislatures in than 9,000 farms left from 26,900. prices actually declined. It may be 4 our States have voted to join these It is about saving land. It is about a cents more; it may be 4 cents less if the compacts. It is a right that no one way of life. It is about a local culture. State is in the compact, but it does should deny us. We have a right to it; A quality of life depends upon more provide price stability. we have a need for it; and we are going than suburban row house upon subur- I do not know a person in New Jer- to insist on it. ban row house. It is a chance to drive sey, if it did cost 4 cents, who would This can be an important day in agri- with one’s child through some open not pay it to know that the last of our cultural policy in the history of this space. A healthy life and a good com- agricultural land is not going to be country. For a long time, States such munity is about not having to buy lost. It would be a fair bargain for con- as my own, because we care about the milk that comes in on a railroad car sumers and for our quality of life. Union and we care about farmers from halfway across the country but a There are those who will argue across America, have remained silent. I local farm, with a fresh product, maybe it does not cost consumers more have voted for wheat programs and whether it is tomatoes or corn or fresh money, maybe it saves the land, but it corn programs and peanut programs milk. does cost Federal benefit programs and cotton programs. I have voted for For 200 years, from Maryland to money, programs such as WIC for chil- crops I have never heard of. Maine, people who have lived in the dren, for families, or school milk pro- I do it because it is in the national Northeast and New England have en- grams. The compact, by law, is re- interest. It is usually not in the inter- joyed that quality of life. It is being quired to reimburse Federal nutrition est of the State of New Jersey. This is lost, and that is what this is about. programs such as WIC and school lunch in our interest, a $17 billion agricul- Two years ago, I came to the Cham- programs that use 68 million pounds of tural appropriations bill. If one takes ber to wage the same fight. Since I milk per year, many in my State, to the entire Northeastern part of the spoke 24 months ago for this same ensure they do not have higher costs. United States, the most densely popu- amendment, when we lost, the number They are protected under these provi- lated part of the country which pays of dairy farms in New Jersey has de- sions. the highest taxes in America, we have clined from 168 to 138, another 17 per- Nothing I am suggesting to the Sen- $200 million worth of appropriations of cent loss. ate is theoretical in its benefit. The $17 billion. Enough. Enough. In the last decade, we have lost 42 compact is not new. New England has Every time there is an emergency, percent of our remaining dairy farms. I had a compact. It worked. It stabilized every time there is an agricultural dis- was here 2 years ago. I am speaking retail milk prices and provided a safety aster, every time some farmer has a about it again tonight. If necessary, I net for producers. Indeed, New England problem, the Senators from Maryland, will speak about it 2 years from now. It retail milk prices were 5 cents per gal- New Jersey, Pennsylvania, New York, is clear to me, if we fail tonight, there lon lower on average than retail milk Vermont, and Maine come to this floor will be no one left to defend. This is prices nationally following the North- to do our duty because we want to sup- our last stand. east Dairy Compact initiation. It did port the country. I hand it to my colleagues in the not cost consumers money. It saved Now we want support. Our dairy Midwest. Win this fight one more time consumers money, while costing the farmers are not in trouble. They are and we may never have to raise it Federal Government nothing.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8439 On September 30, the compact for KOHL is to be given an additional 5 Once we start doing that, then we New England expires. The con- minutes, because I think he has 5 right have to recognize that other commod- sequences are enormous, and it will now. ities and other products will come to help my colleagues to understand why Mr. DAYTON. Right. the Senate asking for the same consid- we come to the Senate across the Mr. SCHUMER. I so ask unanimous eration. If we allow that for milk, then South, across the mid-Atlantic, across consent. we certainly have to recognize that New England, to insist on its reauthor- The PRESIDING OFFICER. Without other commodities and other products ization, because the price is so high objection, it is so ordered. have the right to make the same argu- and the consequences so devastating Mr. SCHUMER. I thank my col- ments. that no matter what it takes, we can- leagues from Minnesota and Wisconsin. What will happen 10 years from now not allow this legislation to go forward The bottom line is very simple, and or 20 years from now when we bal- without Senator SPECTER’s amend- that is that we will never get under kanize the American economy by vir- ment. this situation, or any other, the dollars tue of price arrangements between Mr. SCHUMER. Will the Senator we need, and so the choice is the dairy States based on commodities that they yield? compact or the death of dairy farms in share? We will have an economy in Mr. TORRICELLI. I will be happy to the Northeast. Does the Senator dis- which the consumer will pay. When we yield to the Senator from New York. agree with that analysis? have price-fixing arrangements and Mr. SCHUMER. I thank the Senator Mr. TORRICELLI. It is the loss of allow producers to get more than what for his excellent remarks. I wish to dairy farms, and we are not doing in the market would normally allow them say, before I ask him a question, I join our region what other States did and to get, inevitably, always the consumer with him. This is of vital importance by right we are entitled to do. When pays and inevitably, we will begin to to the close to 8,000 dairy farmers in their farms and products were in trou- destroy this great national economy New York in countless communities. ble, they asked for Federal appropria- we have built up over the past 200-plus I say to the good Senator from Indi- tions. We asked for no appropriation. years. ana—and I respect his view—his corn We asked for the right for a fair price With respect to the loss of dairy farmers and his soybean farmers get for our dairy farmers. farms, I come from the Middle West, plenty of subsidy. We are never going When I began my remarks, I quoted and statistically we have lost as large to get a dairy subsidy to that extent. the remarks of the Senator from New a percentage of our dairy farms as they So if we do not get this compact, I ask York in the caucus that there is a $17 have in the Northeast. We have lost be- my colleague from New Jersey, is it his billion appropriations bill and our en- tween 30 and 40 percent of our dairy opinion that the dairy farms in the tire region of the country is getting farms over the past 20 years. That is Northeast will eventually just die and $200 million in appropriations. In the statistically exactly what has hap- we will have no dairy industry whatso- next couple days, when we object to pened in the Northeast. Their situation ever? the bill and Senators ask how can you is not unique. Mr. TORRICELLI. I respond to the jeopardize this entire legislation for The answer is not to balkanize that Senator from New York, as I indicated the whole country, recognize this is industry or any other industry and pit perhaps before he entered the Chamber, what matters for us, and it may be all one region against another. The answer 40 percent of the dairy farms in New that is in the bill that matters, and is to have a national policy that covers Jersey in the last 10 years have been that is why we are going to take a the existence and the proposed pros- lost. I am not certain any will survive stand here and do what is required perity of all dairy farmers everywhere, the next 10 years if there is not a dairy across the region, across the South to not just in the Northeast. The answer compact. ensure these few remaining farms can will never be, in my judgment, price- The situation in my State is some- survive. fixing arrangements because, as I said, what more acute than New York, but I thank the Senator from New York under those conditions, inevitably the certainly the pattern of the rate of de- for his support and leadership, and I consumer pays, and that is not what we cline is the same. thank the Senator from Pennsylvania do in this country. That is not how our Mr. SCHUMER. If the Senator will for offering the amendment. We will be economy operates. yield, we have lost half of our dairy back to fight another day. I am suggesting the reason this farms in the last 10 to 15 years, and if I yield the floor. amendment has been pulled, basically one talks to dairy farmers, one will The PRESIDING OFFICER. The Sen- because it does not have the votes, is find they are all in such desperate ator from Wisconsin. because a majority of the Senators— shape that they will go under as well. Mr. KOHL. Mr. President, I rise in and this is bipartisan—a majority of I say to my friend, the Senator from opposition to the dairy compacts that the Senators recognize that price-fix- New Jersey, it is an anomaly: We have exist and are being proposed, and it is ing arrangements between States on all sorts of price supports, taxpayers’ for very good reason. We have never commodities is not the way in which money for so many of the row crops had price-fixing arrangements in the we want this economy to begin to that dominate the Middle West, that history of our national economy. progress into the future. are prevalent in the South and other When the Articles of Confederation I urge my colleagues to consider in parts of the country. I do not know were proposed, they understood we the days ahead what may or may not why dairy was left out of that, but it needed a national unified economy, and occur by way of trying to balkanize the was. the beauty of our economy today, dairy industry from one State to an- The PRESIDING OFFICER. The time which makes it the envy of every coun- other. I do not think it has ended yet. of the Senator from New Jersey has ex- try in the world, is that in the United I think it is going to be discussed pired. States of America, since we started, again. But if there is an honest and fair Mr. SCHUMER. I ask unanimous con- every product and every service has vote in the Senate, which is the only sent he be given 2 additional minutes unimpeded access in all 50 States. That way to determine policy on any issue so he can answer my question. promotes competition, that promotes but certainly on an issue as important The PRESIDING OFFICER. Is there excellence in quality, and that pro- as this one, we will not support dairy objection? motes the best prices for our con- compacts. They do not make any sense. Mr. DAYTON. Mr. President, I ob- sumers. There are other ways to deal with the ject. I will agree if I and Senator KOHL What they are proposing right now is problem, not just in the dairy industry can have 5 minutes by unanimous con- that we invalidate that concept and we but in the agricultural industry be- sent. start going down the road of price-fix- cause we have to recognize that it is The PRESIDING OFFICER. Will the ing cartels, arrangements that will not just the dairy industry which is in Senator so modify his request? allow for no competition pricewise and, trouble in America; it is the entire ag- Mr. SCHUMER. I modify my request as a result, for access basically from ricultural sector, one product after an- that the Senator from New Jersey be one market to another in the case of other, one commodity after another. It given 2 minutes, and I believe Senator milk. is not just in the Northeast; it is in the

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8440 CONGRESSIONAL RECORD — SENATE July 31, 2001 Middle West, it is in the Plains States, people’s expense. It is a beggar-thy- I yield to my distinguished colleague, it is in the North and in the South. neighbor approach to economic and the Senator from Wisconsin. The agricultural industry has not farm policy, and it will be the death The PRESIDING OFFICER. The Sen- found a way to provide prosperity for knell, if successful, of a national farm ator from Wisconsin. all of our farmers. We have been strug- policy. It will be the death knell to a Mr. FEINGOLD. I thank the Senator gling with it. We all know that as Sen- national unified dairy program, which from Minnesota. It is wonderful to ators. But now the dairy industry is what should be the focus of the new have a new and strong ally on this comes along and says: Let us balkanize farm bill. issue from Minnesota. I thank my sen- our industry and let us be allowed to Instead, it will result, as my distin- ior colleague, Senator KOHL, for his set prices for which the consumer will guished colleague from Wisconsin and tremendous leadership on this issue. It pay more. my distinguished friend from Min- is a great concern to everyone in our That is a huge step, and before we nesota have said already, in the bal- State of Wisconsin. take it, we need to have much more ex- kanization of the United States dairy I rise today in opposition to this ef- tensive debate on the agricultural in- industry, pitting one region of the fort to expand and extend the North- dustry in this country and how we are country against another, with every- east Dairy Compact. As the senior Sen- going to deal with that, including the body conniving and conspiring to un- ator from Wisconsin has said many dairy industry. dercut everyone else, the direct oppo- times, it is a price-fixing dairy cartel I thank the Chair, and I yield 5 min- site of what we need in order to have a that hurts dairy farmers outside the utes to the Senator from Minnesota. I sensible national agricultural policy, compact region. ask unanimous consent that if there is which is what the chairman and the In fact, a few days ago, the Judiciary no objection, the Senator from Wis- members of the Agriculture Committee Committee, on which I serve, held a consin be allowed to speak after the are trying to put into place. hearing on the record of the dairy com- Senator from Minnesota. We have had hearings for the last pact. I do commend the chairman of The PRESIDING OFFICER. Without several weeks on the supplemental Ag- the Judiciary Committee for allowing objection, it is so ordered. The Senator riculture bill, and this subject has both those for and against the compact from Minnesota. never been brought forward. We have to have a chance to testify. I was there Mr. DAYTON. Mr. President, how had hearings even on the new farm bill, for the whole hearing. Sometimes we much time do I have allotted? which we will be taking up in the fall. have hearings around here that maybe The PRESIDING OFFICER. The Sen- There are differences of opinion from we can do without, but this was very ator has 5 minutes. one group to another. There are dif- Mr. DAYTON. Mr. President, I com- useful. ferent economic interests at stake. But It clearly showed Congress should mend the distinguished Senator from not a single other commodity group not renew or expand the compact. Wisconsin for his leadership on behalf has proposed a program which benefits I thought that the most compelling of the dairy producers of his State and the producers of one region of the testimony came from two people: Rich- my own State on this matter. I thank country at the expense of others. ard Gorder, a Wisconsin dairy farmer, also the chairman of the Senate Agri- Now there is one exception where the who spoke about the compact’s impact culture Committee, Senator HARKIN, dairy producers of one region are try- on dairy farmers outside the compact and the ranking member, Senator ing to bring in others on their side who region, and Lois Pines, a former Massa- LUGAR, who have collaborated on this see a market in balance between supply chusetts State Senator and former legislation with some disagreements. and demand that is temporarily to compact supporter, who detailed her What has been important in this un- their benefit, saying we want our own dertaking is a recognition that timeli- opposition to the compact. cartel. Our producers are included; Mr. Gorder outlined better than any ness of this legislation to benefit all their producers are excluded. other witness the true impact of the the farmers of America in some form or The proponents say—I have heard it dairy compact on dairy farmers outside another is very critical. It is unfortu- on the Senate floor—we have a right to that region. Given that Mr. Gorder was nate, in my view, that this matter has this. We are not asking for anything. the only dairy farmer to testify at the been offered at this time. We have a right to this kind of eco- hearing, I think it would benefit my I say that with all due respect to my nomic policy. I could not disagree colleagues to hear how he described distinguished colleagues who have more. The proponents are asking for sponsored and who have cosponsored how the compact operates. the right to violate the U.S. Constitu- According to Mr. Gorder: this amendment. It is terrible eco- tion. They are asking for the right to nomic policy; it is terrible agricultural Regional dairy compacts place a floor violate the basic principles, both eco- under the price of milk used for fluid pur- policy; and it is terrible national pol- nomic and social, of one nation com- poses in the compact region. This artificial icy. prised of 50 States, not one State com- price increase creates an incentive for more The Northeast Dairy Compact as it prised of 50 countries, not one State milk production in the region, yet represses exists today confers a substantial sta- balkanized into eight separate eco- the consumption of fluid milk in that area. tus on six States. It is a cartel. It is le- nomic regions, each one looking out The surplus that results finds its way into galized price fixing, and it is economic only for itself. manufactured milk products such as cheese, discrimination against States such as The economic problems afflicting butter, and milk powder. Minnesota and our dairy producers. American dairy producers are very While dairy compacts insulate that market Now, according to this amendment from competition by placing restrictions on real. The problems afflicting Vermont milk entering the compact region, they im- which has been withdrawn but which dairy producers, New Jersey, and Penn- pose no restrictions on the surplus milk and may be brought forward again or in- sylvania farmers are very real. The milk products that must leave the region in serted into the conference committee economic problems afflicting Min- search of a market. As a result, the market deliberations, in order to protect their nesota dairy producers are very real, as distortions of dairy compacts have a nega- own special deal, they propose to make they are in our neighboring State of tive effect on prices of producers in non-com- a series of Faustian pacts with other Wisconsin. To the States which have pact states. States. We learn today that under this supported this amendment, and others Mr. President, an expanded compact proposed legislation, the Southeastern who think they might benefit tempo- will cause Wisconsin dairy farms to States of our country would get their rarily from these arrangements, let’s lose between $64 million and $326 mil- special deal; the Pacific Northwest work together on behalf of all of our lion per year. Whichever number is States would get their special deal; and dairy producers over the next few used, the long range consequence would other States in the country would get months. Let’s work together on behalf be even greater if you were to calculate their special deal. I guess the theory is of the entire U.S. dairy industry over the economic impact to our rural com- if you make enough deals, maybe it the next few months and incorporate munities. will add up to 51 votes on the Senate this national interest, a common na- I thought that former Senator Pines’ floor. tional interest into the new farm bill. testimony was also incredibly compel- It is a siren song, the false awareness That is the direction I believe we ling. Here is a former state senator— of brief economic advantage at other should take with this proposal. the chairman of the committee that

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8441 helped push through the compact—who ance feared by Madison. Dairy com- amounts to nothing short of Govern- is now calling the dairy compact a fail- pacts are clearly a restriction of comment-sponsored price fixing that hurts ure. merce, and, in effect, they impose what producers outside the compact region. She detailed how the Northeast amounts to a tariff between States. It is outrageously unfair, and also bad Dairy Compact hasn’t even stopped the The Founding Fathers never intended policy. loss of small farmers in the Northeast. the States to impose levies on imports I hope that Congress will turn its at- According to the American Farm Bu- such as those imposed by one nation on tention away from dairy compacts reau Federation’s data, New England another’s goods. which ultimately hurt both consumers has lost more dairy farms in 3 years At the recent judiciary hearing, we and farmers. Its high time to begin to under the compact—465—than in the 3 heard this same argument from Pro- focus on enacting legislation that helps years prior to the compact. fessor Burt Neuborne, who has taught all dairy farmers. America’s dairy Let me read from former Senator constitutional law for 25 years. Pro- farmers deserve a fair and truly na- Pines’ statement: fessor Neuborne said: tional dairy policy, one that puts them The evidence clearly shows that Compact [the compact] violates the commerce all on a level playing field, from coast supporters were wrong about how the Com- clause, as well as the Privileges and Immuni- to coast. pact would save small family farms and pro- ties Clause of Article IV, section 2, as well as I yield the floor. tect the region’s consumers...the claims the 14th Amendment . . . and is an inappro- made by compact supporters have had two Mrs. CARNAHAN. Mr. President, the priate and possibly unconstitutional exercise Southern Dairy Compact is an issue of debilitating impacts on state and federal pol- of Congress’ power. icy process: tremendous importance to many Mis- (1) they have grossly misled hundreds of Mr. Neuborne continued to say that: souri farmers. Missouri has been losing lawmakers in Congress and state legisla- The Founders abandoned the Articles of its dairy industry. Last year, we lost Confederation in favor of the Constitution in tures, including myself, and persuaded them 171 herds and 5,000 cows. Some estimate to mistakenly give their support to com- order to eliminate the rampant protec- pacts: and tionism that threatened to destroy the this economic loss at up to $40 million. (2) they have diverted lawmakers’ atten- United States. Just over 2,000 class A dairy farms re- tion from developing and implementing poli- The compact is exactly the type of main in Missouri. To survive, they cies that could rally help to keep small dairy protectionist barrier the Founders wor- need milk prices to remain stable. farmers on the land, genuinely protect con- ried about. Without assistance from a dairy com- sumers, and effectively preserve open space pact, farms in Missouri are likely to in rural New England. More than anything, the compact debate is about fairness to all dairy farm- disappear at an even faster rate. Last Not only does the Northeast Dairy ers. Over the past 50 years, America’s year, the Missouri General Assembly Compact not help save New England dairy policy has put Wisconsin dairy passed legislation allowing the State to farmers because it gives the vast ma- join the Southern Dairy Compact. My jority of its subsidies to large dairy farmers out of business by paying Wis- consin dairy farmers less for their late husband, Mel Carnahan, signed the farms, it also aggravates the inequities legislation into law. Missouri dairy of the Federal milk marketing order milk. In 1950 Wisconsin had approximately 150,000 dairy farms and we are producers and the Missouri Farm Bu- system by allowing the Compact Com- reau support this measure as well. mission to act as a price fixing entity now down to about 18,000. Do we pay sugar growers more in I do not agree with critics of dairy that walls off the market in a specific Alaska? No. Do we pay orange growers compacts, who contend that compacts region and hurts producers outside the more in New York? No. Do we pay avo- encourage farmers to overproduce region. milk. Look at the track record of the The Northeast Interstate Dairy Com- cado farmers more in Indiana? No, and we shouldn’t. We have one nation, one Northeast Compact. Last year, only pact Commission is empowered to set one State in the Northeast Compact, minimum prices for fluid milk higher dairy market, and we should pay all Vermont, saw its production increase. than those established under Federal dairy farmers—regardless of where The increase was by 2.8 percent, which milk marketing orders. Never mind they live—the same price for their is below the national average increase that farmers in the Northeast already milk. of 3 percent over the same period. Milk receive higher minimum prices for As I said earlier, dairy farmers in the production in the other States in the their milk under the antiquated milk northeast and southeast already re- compact actually decreased. pricing system. ceive more for their milk. The compact The compact not only allows these makes the situation worse by walling Further, there have been practically six States to set artificially high prices off the majority of the country from no surplus dairy products purchased for specific regions, it permits them to receiving milk from outside the com- from the Northeast Compact region block entry of lower priced milk from pact. since the Compact was established. In producers in competing States. I urge my colleagues who support spite of this, the Northeast Compact This price fixing mechanism arbi- compacts to go to a farm in Marathon has taken aggressive steps to discour- trarily provides preferential price County, WI, and explain to the family age overproduction by providing incen- treatment for farmers in the Northeast who have owned their farm for three tives for farmers not to overproduce. at the expense of farmers in other re- generations that they have to sell their We will do the same in the Southern gions who work just as hard, who love farm simply because they will be paid Dairy Compact, even though over- their homes just as much, and whose less for their milk because of some po- production is improbable in the South- products are just as good or better. litical game. ern Compact States. Most of the south- It also irresponsibly encourages ex- Instead of focusing on regional dairy ern States, like Missouri, are net im- cess milk production in one region policies Congress must turn its atten- porters of milk. without establishing effective supply tion to enacting a national dairy policy Saving our small and mid-size family control. This practice flaunts basic that helps all farmers get a fair price farms is an important issue for us in economic principles and ignores the ob- for their milk. Congress needs to follow Missouri. Allowing Missouri to join the vious risk that it will drive down milk the lead of people like my senior Sen- Southern Dairy Compact could help prices for producers outside the com- ator, Mr. KOHL, who has demonstrated many of these farmers. I hope that the pact region. that if we work together, we can pro- Senate will be able to vote on this im- The dairy compact is unconstitu- vide meaningful assistance to Amer- portant issue in the near future. tional. Compacts also are at odds with ica’s dairy farmers. Mr. LUGAR. Mr. President, I suggest the will of the Framers of our Con- I believe Congress must enact a na- the absence of a quorum. stitution. In Federalist No. 42, Madison tional dairy policy such as the one en- The PRESIDING OFFICER (Mr. warned that if authorities were allowed visioned by Senators KOHL and CORZINE). The clerk will call the roll. to regulate trade between States, some SANTORUM. This legislation brings a The assistant legislative clerk pro- sort of import levy ‘‘would be intro- national, unified approach to a na- ceeded to call the roll. duced by future contrivances.’’ tional problem. Mr. REID. Mr. President, I ask unan- I would argue that the dairy com- Who can defend the dairy compact imous consent that the order for the pacts are exactly the sort of contriv- with a straight face? This compact quorum call be rescinded.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8442 CONGRESSIONAL RECORD — SENATE July 31, 2001 The PRESIDING OFFICER. Without Everyone knows—I shouldn’t say ev- It is also the case, I understand, that objection, it is so ordered. eryone knows, but I hope that this dis- there are other amendments but no one Mr. REID. Mr. President, I know the cussion tonight will help a lot of people knows what amendments or how many Senator from Ohio wishes to offer an understand, especially those people in amendments or when we might finish. amendment this evening. We have farm country, the States that are so Are we in a circumstance where there talked to him, and he indicated he dependent on these farm programs, this is kind of a slow-motion march going wants to do that tonight. That is fine. is being held up by the other side, by on, not necessarily in the right direc- What I wanted to talk about a little the minority. tion? I might ask the Senator, if he bit, as someone who is not heavily in- We are going to come to a time where knows, is there an end date we might volved in farm policy but heavily in- we are going to have to wrap things up expect the minority to be helpful to us volved in the legislation, is I under- for the August recess and, in effect, the in passing this legislation? stand how the Senate works. I have no farmers will end up getting nothing. Mr. REID. I say to my friend, the dis- doubt in my mind that this legislation Mr. DORGAN. I wonder if the Sen- tinguished Senator from North Dakota, is being given the perennial slow dance. ator will yield. the reason I am a little personally We are waltzing into nowhere. We tried Mr. REID. I am happy to yield to my troubled about this, the Senator will to move this legislation last week, Fri- friend, without losing my right, for a recall last year, before the August re- day. We were on it on Monday. We were question. cess, we passed eight appropriations forced to file a cloture motion just to Mr. DORGAN. This has been a very bills. How were they passed? Because be able to move on the bill, the motion frustrating time for a number of rea- we, as a minority, helped the majority to proceed. sons. The Senate seems to have begun pass those bills. My friend will remem- This bill is very important to the moving in slow motion, if that, in re- ber the many times the majority leader breadbasket of America. The people cent days and weeks. Last week I recall assigned the Senator from North Da- who raise and produce our food and we had the Department of Transpor- kota and this Senator to work through fiber all over America need this very tation bill on the floor. We had very amendments, and we did that. We badly. This is an emergency appropria- few workdays remaining before the Au- worked through hundreds of amend- tion, an emergency Agriculture bill. gust break and very important legisla- ments in an effort to pass an appropria- Why? Because there are emergencies tion to get finished or completed by tions bill. out in the farm country that we have then. Despite this, during proceedings The reason I feel personally con- heard talked about here in the last 2 on the Department of Transportation cerned—I will not say my feelings are hurt because I am an adult and I under- days. The legislation is going nowhere. bill, the Senate was in quorum call stand how things work, but we are not I am very concerned about that. after quorum call. No one would bring being treated the same way we treated We have an August recess coming up. amendments to the floor. What we had, the majority, when we were in the mi- We are told by the powers that be it appeared to me, was kind of a delib- downtown that this legislation has to nority, in passing these appropriations erate slowdown. bills. We thought it was important to pass or the farmers will lose the money Now, we have brought an emergency get them passed, get them to the Presi- that is set forth in this bill, billions of Agriculture bill to the floor of the Sen- dent. It seems to me that same philos- dollars around America that will make ate—an emergency supplemental. I un- ophy is not here. the difference between farms staying in derstand some people would prefer to business, farmers being able to stay on We have appropriations bills. For ex- provide less money to family farmers their farms, or, as one Senator talked ample, the Senator mentioned the who are in some trouble, some real about today, whether another farm, an- Transportation appropriations bill. The trouble because of collapsed grain other farm, another farm will be lev- House passed a bill, and the Senator prices. They would like to provide less eled off and a shopping center will be from North Dakota wanted to offer an money. I understand that. They have a built, or homes. amendment. In effect, it outlawed Family farms in America are threat- right to offer amendments to reduce Mexican trucks. I am being a little ened. They will become an even more the amount of help for family farmers. more direct, but basically that is what threatened species if we don’t do some- We had one such amendment today, it did. The two managers of the bill, thing about this legislation. and the amendment lost. Senators SHELBY and MURRAY, offered It was interesting to me to hear the It is a rather frustrating time be- a compromise, a midpoint. We could wide support for this legislation. New cause even to get to the emergency bill not even get that up. There was a fili- Jersey is a heavily populated State. to help family farmers, we had to file a buster on that, recognizing that if the The Senators from New Jersey are con- cloture motion to proceed, for gosh President was concerned about it, the cerned about this legislation. All over sakes, not even on the bill. It was a de- time to take care of it was in con- America people are saying: We have to bate on whether or not we should de- ference. do something to help the farmers. bate the bill. This is an emergency sup- In the Transportation appropriations Yet the Senate is, as my friend from plemental appropriations bill. That bill, it appears they did not want it North Dakota has said, walking as if was on Friday. Then on Monday, we passed. It did not matter how reason- we are in wet cement. It is really hard had to vote on the cloture motion. Now able or unreasonable something was; to pull one foot out and get the other we are at the end of the day on Tues- they simply did not want it passed. We one in. We are going nowhere with this day. now have a situation, I say to my legislation. I ask the Senator a question, perhaps friend, where we are not allowed, on The American public should under- more appropriately answered by the the energy and water appropriations stand that we understand that this leg- manager of the bill, the Senator from bill that I worked very hard on with islation is being stalled for reasons I do Iowa: Are we facing a prospect of see- Senator DOMENICI, to even get a con- not fully understand. It is being ing an end to this so we might be able ference on that. stalled. I hope everyone understands to get this passed, have a conference, Mr. DORGAN. Mr. President, if the we have waited around here. An and get it completed by the end of the Senator will yield further for a ques- amendment was offered. We in good week? Are there amendments still tion, I know my colleague from Iowa faith offered a motion to table that pending? Are there amendments on our perhaps wishes to inquire as well. I un- amendment. It was tabled. What do we side? derstand—and I think the Senator from know, that amendment is going to be I am told we are done with the Nevada understands—we cannot get offered again. We can have another amendments, we are ready to go to anything done in this Chamber without long debate and another tabling mo- third reading, and yet we were in a cooperation. There is no question tion and proceed. I guess they could do quorum call before we took the floor. I about that. Unless we all cooperate and it again and again. understand the next amendment has find a way to compromise, with some It appears to me that the majority nothing to do with this bill. Appar- goodwill, the Senate will not get its leader is going to have to arrive at a ently there is one more amendment work done. We must get through cer- point where he is going to have to file ready that is totally extraneous to an tain legislation by a certain time. Un- cloture. issue dealing with family farmers. less we find a way to cooperate, it does

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8443 not happen. That is because the levers of compromise, the art of consensus level. It was a good, honest debate. We in the Senate are substantial and can building. We do not have anyone will- had the vote. One side lost and one side slow things down. ing to compromise at all. It is all or won. It would seem to me then we As I said yesterday, no one has ever nothing, their way or no way. should move ahead. accused the Senate of speeding on a It is too bad because the Senator is I was dismayed this afternoon when good day, but the ability to slow the absolutely right. We have four things the Senator from Pennsylvania offered Senate down or stop it is an ability the majority leader has said he needs the dairy compact amendment, which that almost any Senator has. to do before we leave. It is not that he by the way is not even germane to this I also understand this is a difficult is being arbitrary. First of all, the Ex- bill. The dairy compact belongs in the time in a lot of ways, and I understand port Administration Act expires the Judiciary Committee, not the Agri- there are some who are pretty negative middle of August, and the high-tech in- culture Committee. The Senator has a about some of the things we propose to dustry of America needs that legisla- right to offer an amendment. do; for example, the transportation and tion very badly. They yanked the amendment, but the trucking issue. On the legislation He did not drum this farm bill out of they are going to come back tomorrow. dealing with emergency help to family nowhere. It is something that has to I am beginning to sniff something here. farmers, the Senator from Iowa has put pass the experts downtown. The Office What I am smelling does not smell very together a bill that I think is terrific of Management and Budget has said good. It smells like a deliberate at- legislation, and I am proud to support the money is lost if we do not pass this tempt to slow down, if not stop, this it. It is very helpful and very impor- bill so it can go to family farmers. We emergency Agriculture bill. I did not tant to family farmers. I know there have to do it, they say, by the August think that until just a little while ago. are some who take a negative view of it recess. The Transportation appropria- I hope I am wrong. I hope we can come and I respect that. tions bill, we need to get that done. It in tomorrow and wrap this up in a I must say, when I think of that, I is almost all done anyway. Then, of short time, have a final vote and see think of Mark Twain who was asked course, there is VA-HUD. I was here which way the votes go, and then move once to engage in a debate. He said: Of today when the House sent this over. It on. course, as long as I can have the nega- is done in the House. We could do that. My question to the Senator from Ne- tive side. Senators MIKULSKI and BOND have both vada, our distinguished assistant ma- They said: We have not yet told you come to me, they have come to the mi- jority leader, is simply this: Is it not what the subject is. nority leader and the majority leader, true that we in the Senate should do He said: It does not matter. The neg- saying: When can we do this? It will what we think is in the best interest of ative side requires no preparation. not take very long. But we are being the country to have the votes and let It is very easy to oppose almost any- prevented from moving forward on leg- the President decide what he wants to thing. What we need to do is to ask for islation. I think it is too bad. do at that point in time? some cooperation. I see my friend from Oklahoma, my The Senator spoke about this idea of We are going to have to pass an counterpart. I can reflect back this working together. President Bush came emergency supplemental bill to help past year, when we were in the minor- into office saying he wanted to work in family farmers. We know that. We have ity, and Senator LOTT said on a number a spirit of compromise. That is what provided for it in the budget. We know of occasions he appreciated our help in we have to do around here. We do have we need to get this done, and everyone getting these things passed. We worked to compromise. We have to work things in this Chamber knows it has to be very hard to get bills passed. It does out. But now there is some talk that done this week. We ask for some co- not seem there is reciprocation. the President has said—I have not operation. We have so much more to do If it is payback time, we are not heard him say it, and we do not have a than just this bill. being paid back the way we paid out, letter from the President, but we have Is it not the case that we also have to and I hope there can be something something from OMB saying his advis- do the VA-HUD appropriations bill; we done. For example, the Senator from ers will recommend he veto the com- need to finish the Department of Ohio believes very strongly about this mittee-passed bill which is before the Transportation appropriations bill; we issue. I have great admiration for the Senate. have to get this emergency supple- Senator from Ohio. He was a great I say to the Senator from Nevada, is mental appropriations bill done; we Governor. He is an outstanding Sen- that what we are reduced to, we cannot have the export bill we have to get ator, and this is an issue in which he do anything here unless the President done—all of this between now and the believes very strongly. We have to get puts his stamp of approval on it? end of this week? our financial house in order. I do not Mr. REID. I say to my friend from My great concern is there seems to know how many times we have debated Iowa, I mentioned briefly the Transpor- be no activity in the Chamber, and it is this issue. When he and Senator CON- tation appropriations bill. The Presi- not because we do not want to get to a RAD came the last time, they each re- dent said he did not like it. If he did final conclusion on this legislation. It ceived 42 votes. His amendment re- not like what was in the Senate bill, he is because those who want to thwart us ceived 42 votes; Senator CONRAD’s re- must have hated the bill which was from making progress can easily do so, ceived 42 votes. passed by a Republican House. and at least have been doing so now for We can go through that same process In the Senate, we have a compromise some number of days, beginning at again, and I am willing to do it. It is an worked out by Senators MURRAY and least at the start of last week and per- important issue, but it is not moving SHELBY, and we are told they are not haps partly the week before. the legislation forward at all that is going to let us do that; the President I ask the Senator: Is there a prospect before this body. will veto it. of being able to make some progress Mr. NICKLES. Will the Senator from The Senator from Iowa has been a with this emergency legislation? If so, Nevada yield for a question? Member of Congress longer than I have, how can we do that and how can we en- Mr. REID. The Senator from Iowa and the Senator from Iowa knows the list the cooperation of the other side had a question first, and then I will way the President weighs in is during and say we need to have our amend- yield. I did not respond to the Senator the conference stage of legislation. ments and have our shot at these from Iowa, who has a question. That is why I have talked off the Sen- amendments and have a vote? if we Mr. HARKIN. I appreciate the Sen- ate floor to my friend from Iowa indi- lose we lose, but we at least move the ator yielding. I do have a question, and cating: TOM, I think they are trying to bill and go to conference. I ask my col- I want to proceed by saying we do not stall this bill. The Transportation bill, league from Nevada, how can we ac- have any amendments on this side to obviously, they are doing that, and complish that? the agricultural emergency bill. We are here we have the same thing. Mr. REID. I say to my friend, who is ready to go to third reading. We are If the President does not like this a veteran legislator, we can only get ready to pass the bill right now. legislation, that is fine; he has veto legislation passed when one is willing We had a debate today on whether or power, and it is obvious his veto will be to compromise. Legislation is the art not we wanted one level or another sustained. So why doesn’t he let us go

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8444 CONGRESSIONAL RECORD — SENATE July 31, 2001 to conference and the Senator from all night doing it. We can do it. That is only to find they are getting pennies Iowa and his counterparts in the the way we used to legislate. on the dollar, 1930s prices in real value. House, with Senator LUGAR, can work Mr. HARKIN. I am informed on this The fact is, they are hanging on by this out and bring it back? That is the go-round I will be chairing the con- their financial fingertips trying to stay way things are done. ference. I spoke with both the chair- alive. And then when we came to this If the President is going to say, un- man and ranking member of the House issue, we were told we have to debate less the Senate does what I want, the Agriculture Committee today. They whether we are going to be able to de- bill is going nowhere, and he instructs said we can go to conference and wrap bate. his people in the Senate the bill is it up in short order. I think that is I am sorry, there is something wrong going nowhere, if that is the case, then true. Given a good morning or after- with that. There is something that we might as well be taken out of it and noon, I believe we can work this out misses the urgency of what ought to be have him declared the King. and come back with a package that done by the Senate to help families Mr. HARKIN. We might as well have will be widely supported, but we cannot who are in trouble. a dictatorship if we cannot do anything get there if we cannot get to a final I help a lot of people. I am someone unless the President first says we are vote on the bill. who believes I have a responsibility to allowed to do it. I hope I am wrong. I Mr. REID. I say to the Senator, I saw invest in other States, in other regions. refrained from saying anything about the chairman of the House Agriculture I support mass transit. We do not have it since this afternoon, but it appears Committee in the Senate Chamber a subway system in Bismarck, ND, but to me there may be a deliberate slow- today. count me as a supporter because I be- down here. Mr. HARKIN. And the ranking mem- lieve it is important for our country to Again, I say to my friend from Ne- ber. do that for other areas. I support pro- vada, I hope I am wrong. I hope we Mr. REID. I did not recognize him. grams in virtually every other area in come in tomorrow morning and dispose Mr. DORGAN. Will the Senator yield this country because I think it of amendments. I hope we can propose further? strengthens this country. Investment a time agreement tomorrow so we can Mr. REID. I will be happy to yield. in family farmers strengthens our vote on final passage of this Agri- Mr. DORGAN. Madam President, country as well. This is just a small culture emergency bill. Doesn’t that there is a pretty wide gap between bridge. We have to build a bigger bridge seem like a logical way to proceed, I what Washington thinks and what for them in the new farm program ask the Senator? farmers know. This, after all, is about which comes next. To get from here to there, we are try- Mr. REID. I have heard from the Sen- family farmers. That is what the issue ing to do this emergency supplemental ator from Iowa and the Senator from is: emergency help for family farmers. for Agriculture. It is just inexplicable North Dakota that their States are so There are a whole lot of folks in the to me that we even had to debate dependent on agriculture. It is difficult country struggling to make a living. whether we would be allowed to debate. for me to comprehend. In Nevada, we Prices family farmers receive—the Once we got cloture, which says, ‘‘It is grow garlic, a few potatoes, and lots of price for commodities—have collapsed OK, you won the debate; we can now alfalfa. The States of Iowa and North to 1930 levels in real dollars. debate,’’ we find ourselves at a parade Dakota are two examples. I heard the I heard some people say: Things are improving. Yes, the price of cattle has rest. It is like watching paint dry, ex- Senator from North Dakota say over 40 cept paint seems to dry more quickly percent of the economy of the State of improved, there is no question about that, but I guarantee, there is no one than good debate on this bill. North Dakota is agriculture related. I ask the Senator from Iowa—if the who serves in the Senate who has seen Iowa is a huge part of that economy. Senator from Nevada will yield to their income diminished in any way Mr. HARKIN. It is our biggest indus- him—on other appropriations bills we try. that resembles what has happened to have traditionally worked with each (Mrs. CARNAHAN assumed the family farmers. Grain prices are still at other, have we not? Both sides say all Chair.) a very significant low. right, how many amendments do you Mr. REID. Madam President, both When one takes particular grains and have; this is how many we have; can we Senators have said, if this legislation say they are at a 17-year low or 25-year get time agreements; can we work does not pass, what it will do to their low and then say they have improved them out; can we find an end date so States and what it will do to their slightly from that, the improvement we can get these done? farmers. That, to me, indicates the ‘‘slightly’’ does not mean very much. It We have always done that. I hope we President should allow us to move this doesn’t mean much to family farmers if can do that on this piece of legislation bill along. slight improvements in the prices they because it is so important. It appears to me this is all coming receive means they are going to go The only way we are going to accom- from the White House. The Senator broke probably a few weeks later. plish anything, I fully understand, is to does not have to agree. I understand. The fact is, our family farmers are in be able to elicit cooperation from both But it appears to me this is all coming desperate trouble. sides. We have to cooperate. I under- from the White House. We are being al- The point I make is this is an emer- stand that. Anybody can stop this lowed to move nothing. Nothing. We gency supplemental bill dealing with place. Throw a wrench in the crank have had no conferences. The few bills agriculture. It is in the budget, it is case and it comes to a stop quickly. we were fortunate enough to pass, we provided for, and we are trying to get That is easy to do in the Senate. have had no conferences. some help out as soon as we can to Are we in a position, I ask the major- The President wants us to write the family farmers. ity whip, where we are able to get per- legislation he thinks is appropriate. Last Friday, inexplicably we were haps the other side to say to us, and The last measure we worked on, the confronted with the question of having our side to say to them: Here are the Transportation appropriations bill, is a to file a cloture motion on the motion total amendments we have. Let’s work perfect example. It appears he wants it to proceed. In plain English, that through them and find ways to reach his way or no way. means the other side said we had to an understanding of how we will get I say to my friend from Iowa, I hope have a debate about whether or not we this bill passed. I am wrong. I told you earlier today I were going to have a debate on this Are we able to do that? If not, why thought it was being slowed down, that issue. We said: This is an emergency not? it was going nowhere. I hope I am issue to help family farmers. These are, Mr. REID. I proposed earlier today wrong. pardon me to others, America’s last he- that we have a time for filing amend- Mr. HARKIN. I hope so, too. roes, in my judgment. These are fami- ments. No need to write it up. It will Mr. REID. I hope people say: Let’s lies out there struggling, working not happen. For those watching, that agree to go to final passage at 5 o’clock under a yard-light trying to keep it to- means if we have an agreement, usu- and go to conference. The House is try- gether. They are harvesting a crop—if ally we have very competent staff ing to adjourn Thursday. We can have they are lucky enough to get a good write up a unanimous consent agree- the conference Thursday. We will spend crop—and trucking it to the elevator ment so we can propound it. There was

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8445 no need to write this up because there If I understand correctly, the Presi- side, a Senator is standing here. I won- was no chance the other side would dent says we have to take less. Some- dered if you would give the Senator a agree in any way to limit amendments. how we can afford to get hit harder in chance to speak. We have no amendments on this side. rural America. We cannot afford to get Mr. REID. I will yield the floor in a We are not a bunch of farmers over hit harder. We have been hit hard in minute. Having served with my friend here. I say that in a positive fashion. the last few years, pretty darned hard. from New Mexico for the years I have, We are not a bunch of Senators rep- All we are asking is to make the same no one ever has to worry about his hav- resenting only farm States. We have a payments we did last year. The budget ing the ability to speak. He always fig- wide range of interests. We have been allows for that—the budget passed by ures out a way to do it. I have no prob- convinced the family farmers are so the Republican Congress, I point out. lem yielding the floor in just a minute. important, agricultural interests are so The Republicans passed that budget. In For the information of Senators, it important to this country, we all sup- that budget, there is money to allow appears clear there will be no more port an emergency Agriculture bill. farmers to get 100 percent of the mar- votes tonight. I also say the Senator That is why all 51 on this side of the ket loss and oilseeds payments that from Ohio wishes to offer an amend- aisle support this bill. We want to were made last year. ment, and we will talk to the staff and move it quickly. If there is something If the budget allows it and the money perhaps we can work something out so wrong with it, I have enough con- is there, why should we not at least get when he finishes we can adjourn for the fidence in the legislative process, and I the payments out for our family farm- evening. recognize the President will be in- ers on the same basis we did last year? I am happy to yield to my friend, the volved in it, that a different product Mr. REID. The chairman of the Budg- Senator from New Mexico. will come back than what we pass. We et Committee has been on the floor for The PRESIDING OFFICER. The Sen- are not being allowed to pass anything the last 2 days we have been on this ator from New Mexico. out of here. That is a shame. It hurts bill. Each day he has said, citing line Mr. DOMENICI. I thank the distin- the institution. It hurts the legislative and verse of the Budget Act, that the guished majority whip for yielding, and process. Most of all, I am convinced budget resolution that was passed and Senator HARKIN. I will take only a few after 3 days of debate, the family the activity that has been generated by minutes. My friend from Ohio has been farms, the agricultural interests in the this bill do not in any way violate the waiting for a long time. country are being hurt, and hurt badly, Budget Act. He talked again this morn- I am listening tonight about how ur- and some irreparably damaged if we do ing about this. gent matters are and how urgent it is not pass this legislation by this coming People are saying it is $2 billion over we pass this measure tonight. I just Friday or Saturday. what it should be. I say to my friend want to make sure everybody under- Mr. HARKIN. Will the Senator yield? from Iowa and anyone within the sound stands that our farmers are in need of Mr. REID. I am happy to yield. of my voice, we had a vote on that emergency relief provided in this bill. I Mr. HARKIN. It is important to keep today, in effect. The vote was, no; it is hope my friend from Iowa is listening. in mind what we are trying to do, and fine. The vote was 52–48, as I recall. A This Harkin measure was voted out I will preface that with a statement. close vote, but we have a lot of close of committee on July 25. The House We are trying to provide the payments votes, just like the Supreme Court bill came to the Senate on June 26—1 to our farmers all over America the makes a lot of close decisions. Even month before it was voted out by the same basic rate of payment they got though they are close, that is the law. Ag Committee, which you chair, I say last year. It is not more, just the same A vote that is 52–48 carries the same to my good friend, the distinguished basic rate. We know input costs have weight as a vote 99–1. Senator from Iowa. So if there is 1 gone up; fuel is higher. For anyone who says this bill is a day’s delay on the floor because some- Mr. REID. ‘‘Input’’ means production budget buster, I offered a motion to costs. body really thinks that dairy compacts table the amendment of my friend from are important to their State, should it Mr. HARKIN. Production costs are Indiana. I moved to table that amend- higher. We want to get them the same actually, in reality, even be insinuated ment because I felt the Senate should they are the cause for delay when, as a amount as last year. This is so impor- be able to speak as to whether or not tant to my State. The difference be- matter of fact, the House bill has been they felt it was too much money. here for 1 month? tween what the committee bill has and Clearly, the Senate said it was not too the amendment offered today by Sen- The House bill is still something that much money. is possible. If we pass the House bill, ator LUGAR is about $100 million. That I repeat, this matter should be passed everything our farmers need is com- is how much we are hurting in my out of the Senate so we do have the op- pleted. This bill that is before us in the State. portunity, for the good of the farming Senate, has the House relief and then it If that amount of money is taken community, agriculture all over Amer- adds additional spending into the next away, if we don’t get that payment out, ica, for their benefit we should be able year—I am not arguing that the next think of all the small town banks that to go to conference with the House im- year is against the budget resolution, have loans to farmers. These are not mediately. It should be in conference but why do we have to, in an emer- Bank of America and Wells Fargo. in the morning. These are small, country banks. They Mr. HARKIN. We could be. We could gency, do next year’s spending when have extended credit to these farmers. be in conference tomorrow. the emergency we are worried about is They have to pay back their deposi- Mr. THOMAS. Will the Senator this year? tors, too, just like any bank. Yet $100 yield? I do not intend to stay here very long million they would not get; that would Mr. DOMENICI. Could I ask a ques- and debate the issue. I just thought it be less than what they got last year. tion? might be of interest to some, what the Think of the damage that would do Mr. REID. I yield to my friend from real facts are with reference to delay. to our economy in the State of Iowa. In New Mexico without losing my right to Having said that, I understand the North Dakota, it is roughly half of the floor. great concern of the Senator from Iowa that, $51 or $50 million in North Da- Mr. DOMENICI. I have been waiting about agriculture. I understand the kota. That is a big hit in a State such to be heard for 6 or 7 minutes. How Senators on the other side who have as North Dakota. Think of all the inde- much longer before the Senator might gotten up and spoken today about agri- pendent people, small town banks, im- be able to speak? The Senator has the culture. I do not want anyone to think plement dealers, feed stores, the seed floor. that in the past 6 years while we were companies, all the people up and down Mr. REID. I understand that. I am in control of the Senate we did not put the Main Streets who, in many cases, about wound down. I think the Senator very many billions—billions of dollars have extended credit to family farmers, from Iowa is just about finished. Does into emergency relief for the farmers. believing we are going to come in and the Senator from Wyoming have any- We did. do what the budget allows to be done. thing to say? When I was chairman of the Budget We are not asking for any more than Mr. THOMAS. I was going to say if Committee, on which I am now ranking what we got last year. you wanted to hear from the other member—obviously, you can just go

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8446 CONGRESSIONAL RECORD — SENATE July 31, 2001 back and add it up—some years it was quite sure those who have compacts existing dairy compacts and potential $8 billion in emergency money, other feel just as strongly about their States expansion of compacts into other re- years we voted for $6 billion and $8 bil- and about what they are doing with gions. I would like to take a moment lion and $12 billion. So it is not any- small herds and the like, as I do about and discuss why the Northeast dairy thing new to have to vote or to be in what is happening in my State. I be- compact has been a failure. favor of emergency relief for our farm- lieve what is happening in my State The stated goal of the Northeast ers. One of these days we need a better and a few others like it is the wave of compact was to reverse the steady de- system, but for now the world economy the future. Innovation and competition cline in the number of dairy farms in and a lot of other things are imposing are changing the face of business in all this country. The numbers simply on our farmers in such a way that they our States and it is going to change the state the opposite has proved true. do need help. production of milk and milk-related American Farm Bureau data indicates I am sure if the House bill were be- products, just as sure as we are stand- that New England lost more farms in fore us, with all of the emergency relief ing here tonight. the three years under the compact 465 that is needed for this year, without In the year 2000, the dairy industry than in the 3 years just prior to the which many farmers will not get what contributed over $1.8 billion to New compact 444. they are entitled to—if that were be- Mexico’s economy. The producers had Most importantly, compacts are un- fore us, it would probably get no nega- about 150 individual dairy farmers, constitutional. Compacts blatantly un- tive votes. We could pass it and be done over 250,000 cows. That has grown since dermine the commerce clause. One of with it. the early 80’s and 90’s. These are just the central tenets of the U.S. Constitu- Having said that, why did the Sen- the numbers we have are for the year tion and a basic foundation of our na- ator from New Mexico today object to 2000. New Mexico ranked 9th, believe it tion is a unified economic market. We proceeding with the amendment, with or not, in the total number of dairy have never advocated for the right of reference to dairies? cows; 10th in the total production of States to unravel this central tenet of I am pleased to note that even milk—5.23 billion pounds; 5th in the the U.S. Constitution, by allowing though I objected to a time limit, it production per cow, 20,944 pounds. States to erect economic walls against was not the Senator from New Mexico Some listening from other States one another. who caused the delay. For some reason, probably cannot believe that is really The higher prices paid by processors the other side decided to pull the happening, but it is. Yes, it is. We con- are passed on to consumers at the retail level. Economic studies, including amendment. That is their own strat- tinue to be the first in the United one ordered by the Northeast Compact egy. I didn’t have anything to do with States in the number of cows per herd, Commission itself, have confirmed the that. I compliment them for their ar- with New Mexico dairies averaging pass-through costs to consumers. These guments in favor of the compact that 1,582 cows per operation. studies put the retail impact of the was before the Senate as offered by the I am very sorry if in some States 1 distinguished Senator from Pennsyl- they have small operations. But I Northeast compact anywhere from 4 ⁄2 to 14 cents per gallon of milk. vania. think in the custom and tradition of Additionally, compacts discourage I would just like to say, all of us the Senate that a Senator from New farmers and cooperatives from finding come here because from time to time Mexico who has this happening in his efficiencies in marketing, transpor- we are worried about legislation and State, which is otherwise a rather poor tation and processing such as ultra-fil- its impact on our States. I came to the State, should have enough time to tration and reverse osmosis tech- floor earlier because I have been very come to the floor and discuss some- nologies currently being used and im- busy and I was not totally familiar thing as complicated and detrimental proved upon by New Mexico dairymen. with the compact amendments that to our State—probably as detrimental This is definitely a commodity and were on the floor. I did know, when I as any other legislation directly affect- an industry worth protecting. If com- came to the floor, that they might im- ing New Mexico this whole year. pacts are designed to protect dairy pact my State. I have now found they New Mexico dairymen have a dra- farmers and dairy farmers need protec- would impact my State in a dramatic matic impact on local and regional tion, then do it with a national, not a way. All I want to do is tell the Senate economies, from the hiring of labor to regional program. If there are problems what is happening to dairy in the feed purchases. According to the New with the program, lets consider a na- United States. Mexico Department of Labor, New tional solution rather than expanding We are here talking about compacts Mexico dairies currently employ up to and extending divisive regional poli- protecting States as if that is the only 3,183 people with an estimated payroll cies. A national alternative will ad- way to get milk products for American of $64.8 million. Additionally, NM proc- dress the concerns of all dairy farmers, consumers. The truth of the matter is, essors currently employ up to 750 peo- not just those in compact States. New Mexico and one other State are ple with an estimated payroll of $25.5 Compacts establish restrictions and shining examples of a total departure million. This is an industry that I am economic barriers against the sale of from the idea of compacts, and a depar- committed to fighting for. milk from other regions, increase milk ture that says: Innovation. Let’s do Regional compacts could threaten prices to consumers in the compact renew things. Let’s save real dollars for this vital New Mexico industry. New gion, and lead to a reduction in the those who are consuming. We want to Mexico has a small population and price of milk paid to farmers outside save on transportation, and under the with the numbers I just mentioned, it the compact area. This is a quick fix compact approach you do not save on produces a vast amount of milk. The not a national solution. We need a pol- transportation. future of the New Mexico dairy indus- icy that addresses the concerns of pro- New Mexico’s dairymen are com- try depends on mechanisms that are ducers in all regions, without pitting peting in their part of the country with conducive to allowing NM milk to be farmers in one region against those in new technologies. They have new ways transported to other areas. Compacts other regions, or interfering in the of treating milk before it is trans- prohibit this type of activity. marketplace through artificial price ported. They make it lighter. When it The Northeast Dairy Compact was fixing mechanisms. gets to where it has to go, it is re- established in mid-1997 as a short term I fear the Northeast dairy compact turned to its original form, and who measure to help New England dairy has set some kind of precedent for re- benefits? There is no change in the farmers adjust to a reformed Federal gional price fixing for an agricultural milk, and the beneficiaries are those milk marketing order system. Even commodity. This cannot continue. If who buy cheaper milk and those who though market order reform was com- we do not stop this right now, where producer more and more milk in the pleted in late 1999, the Northeast com- will it stop? Will we soon see a region- herds that are now grazing the land- pact was extended 2 additional years. It ally fixed price for wheat to make scapes of New Mexico and Idaho. does not need to continue. bread? Or how about fruits and vegeta- I want to say how important it is we The ‘‘experiment’’ with a Northeast bles? Or will we soon see unelected re- let that happen, that we let this inno- Dairy Compact in the New England gional commissions fix prices for gaso- vation and competition happen. I am states has provided evidence against line? Or coal? Or even lumber? These

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8447 are all commodities that have a re- says it. It is a new economy in capital The PRESIDING OFFICER. Without gional imbalance of production and letters. It means we are changing. We objection, it is so ordered. consumption, somewhat similar to are being innovative. We are becoming The amendment is as follows: milk, and the producers of these com- more competitive. We are inventing (Purpose: To provide a substitute modities have seen hard times in re- and putting more things on the mar- amendment) ket. What does that increase? It in- cent history. I suggest regional price Strike everything after the enacting clause fixing should end immediately. creases our productivity. Productivity and insert the following: To reiterate, I challenge the con- is the key to the Social Security trust SECTION 1. MARKET LOSS ASSISTANCE. stitutionality of the compacts. I be- fund and to paying our seniors in the (a) ASSISTANCE AUTHORIZED.—The Sec- lieve they will be challenged sooner or future. It is the key to having sur- retary of Agriculture (referred to in this Act later. I believe the U.S. Supreme Court pluses in the future. Productivity can as the ‘‘Secretary’’) shall, to the maximum is moving in a direction where they apply to every industry, including extent practicable, use $4,622,240,000 of funds will be declared to be monopolistic. I dairy cows and milk production. of the Commodity Credit Corporation to think that is what is going to happen. That is what we think ought to hap- make a market loss assistance payment to But I do not want to debate that as a pen in America. We would like to con- owners and producers on a farm that are eli- lawyer or constitutional expert here on tinue to do it in our States. We would gible for a final payment for fiscal year 2001 the floor. I just want to say clearly I like for the Senate not to impose upon under a production flexibility contract for them a cartel. States can in a sense in the farm under the Agriculture Market must, in all good conscience, defend Transition Act (7 U.S.C. 7201 et seq.). my State against what is going to hap- their own circuitous way fix the product. Maybe you should strike ‘‘fix the (b) AMOUNT.—The amount of assistance pen if we proceed too quickly and we do made available to owners and producers on a not have a chance to thoroughly under- price’’ and make arrangements for farm under this section shall be propor- stand this matter. what it will cost so we will not be los- tionate to the amount of the total contract As I said, I have even studied the his- ing any pejorative words. payments received by the owners and pro- tory of how we first got involved in I am ready to discuss this tomorrow. ducers for fiscal year 2001 under a production these compacts. Actually, it was acci- I have been thoroughly apprised of the flexibility contract for the farm under the dental. It was an emergency situation, compact issue. I understand it, and I Agricultural Market Transition Act. and it was supposed to last for only 2 am willing to use a reasonable amount SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT. years. Two years has led into many of time to discuss this tomorrow, and The Secretary shall use $423,510,000 of funds years beyond, and instead of just the then proceed. But what we think on of the Commodity Credit Corporation to Northeast, it is spreading throughout. this is not going to get this bill cleared make a supplemental payment under section and say it will pass and it will go to 202 of the Agricultural Risk Protection Act So what we have are these kinds of of 2000 (Public Law 106–224; 7 U.S.C. 1421 compacts among States all over Amer- the President. It has a lot of hurdles. The farmers need their money very note) to producers of the 2000 crop of oilseeds ica except for States such as New Mex- that previously received a payment under ico and perhaps Idaho. quickly. We have already had a month such section. We want to be competitive. We want when we could have produced a bill—at 1 SEC. 3. SUPPLEMENTAL PEANUT PAYMENT. to provide the very best products to as least 3 ⁄2 weeks—for reasons which might be good. We didn’t do that. But The Secretary shall use $54,210,000 of funds many American people as we can. of the Commodity Credit Corporation to pro- It is very important that we had this to complain right now that this 1 day vide a supplemental payment under section discussion today. I do not believe it is on the Senate floor is what is hurting 204(a) of the Agricultural Risk Protection fair to characterize what has gone on our farmers is just not true. Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 here on this bill as any kind of exces- I yield the floor. note) to producers of quota peanuts or addi- The PRESIDING OFFICER. The Sen- sive delay. You have a bill that exceeds tional peanuts for the 2000 crop year that ator from Nevada. previously received a payment under such what the President asked for and what Mr. REID. Madam President, I have section. The Secretary shall adjust the pay- the House passed by almost $2 billion. heard it said on the floor a couple of ment rate specified in such section to reflect Use of that $2 billion will not occur times today that the Agriculture Com- the amount made available for payments until a year from now. It is not an mittee is not moving this bill quickly under this section. emergency. Yet we have those saying if enough. The fact is, the Agriculture SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT. you do not let it pass, and let it pass Committee did not have a reconsti- (a) SUPPLEMENTAL PAYMENT.—The Sec- quickly, you are unduly delaying what tuted committee until June 29. Fol- retary shall sue $129,000,000 of funds of the our farmers need. lowing that, it did not have its full Commodity Credit Corporation to provide a It is very easy to decide how to fix membership until July 1. Following supplemental payment under section 204(b) this. Just take the 2002 money out of of the Agricultural Risk Protection Act of that, the committee worked 8 days. In 2000 (Public Law 106–224; 7 U.S.C. 1421 note) this bill and have it address a real 8 days, the bill came out of committee. emergency and let’s vote up or down on to eligible persons (as defined in such sec- It sounds like pretty good work to me. tion) that previously received a payment it. That means we would not even have Within 8 days we had a major piece of under such section. to go to conference. All the farmers in legislation such as this coming out of (b) SPECIAL RULE FOR GEORGIA.—The Sec- our country who need their checks this the committee. Senator HARKIN and retary may make payments under this sec- year will get them, and they will get Senator LUGAR did a pretty good job. tion to eligible persons in Georgia only if the them on time. Otherwise, it is very I repeat: It could not move forward State of Georgia agrees to use the sum of doubtful whether they will. until the committee was reconstituted. $13,000,000 to make payments at the same Pass this bill with the 2002 money. Last year we passed a bill similar to time, or subsequently, to the same persons That is not an emergency. Try to pass this. The agricultural community has in the same manner as provided for the Fed- it with anything like the compact and eral payments under this section, as required problems in different places every year. by section 204(b)(6) of the Agricultural Risk who knows where it will end up. The But they always have problems. Last Protection Act of 2000. President isn’t telling this Senator year we passed a bill with $7.1 billion. SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAY- what to do. But I understand he will It was very close to what we are trying MENT. veto the bill. I understood where I was to pass this year. The Secretary shall use $16,940,000 of funds before I knew where he was, if anybody AMENDMENT NO. 1212, WITHDRAWN of the Commodity Credit Corporation to pro- is interested on that side. Clearly, it Mr. LUGAR. Mr. President, I send an vide a supplemental payment under section did not come from the President. My amendment to the desk. 814 of the Agriculture, Rural Development, concern is as it affects New Mexico. The PRESIDING OFFICER. The Food and Drug Administration, and Related I close by discussing what has hap- clerk will report. Agencies Appropriations Act, 2001 (as en- pened in the last 10 years in the United The bill clerk read as follows: acted by Public Law 106–387), to producers of wool, and producers of mohair, for the 2000 States of America. It is a new econ- The Senator from Indiana [Mr. LUGAR] pro- marketing year that previously received a poses an amendment numbered 1212. omy. The United States has basically payment under such section. The Secretary changed the underpinnings of its econ- Mr. LUGAR. Mr. President, I ask shall adjust the payment rate specified in omy. President Clinton said it. Our unanimous consent that reading of the such section to reflect the amount made new President says it. Alan Greenspan amendment be dispensed with. available for payments under this section.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8448 CONGRESSIONAL RECORD — SENATE July 31, 2001 SEC. 6. SUPPLEMENTAL COTTONSEED ASSIST- SEC. 8. COMMODITY ASSISTANCE PROGRAM. SEC. 10. INCREASE IN PAYMENT LIMITATIONS RE- ANCE. The Secretary shall use $10,000,000 of funds GARDING LOCAL DEFICIENCY PAY- The Secretary shall use $84,700,000 of funds of the Commodity Credit Corporation to MENTS AND MARKETING LOAN GAINS. of the Commodity Credit Corporation to pro- make a grant to each of the several States to vide supplemental assistance under section be used by the States to cover direct and in- Notwithstanding section 1001(2) of the 204(e) of the Agricultural Risk Protection direct costs related to the processing, trans- Food Security Act of 1985 (7 U.S.C. 1308(1)), Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 portation, and distribution of commodities the total amount of the payments specified note) to producers and first-handlers of the to eligible recipient agencies. The grants in section 1001(3) of that Act that a person 2000 crop of cottonseed that previously re- shall be allocated to States in the manner shall be entitled to receive for one or more ceived assistance under such section. provided under section 204(a) of the Emer- contract commodities and oilseeds under the SEC. 7. SPECIALTY CROPS. gency Food Assistance Act of 1983 (7 U.S.C. Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) during the 2001 crop year may (a) BASE STATE GRANTS.—The Secretary 7508(a)). not exceed $150,000. shall use $26,000,000 of funds of the Com- SEC. 9. TECHNICAL CORRECTION REGARDING IN- modity Credit Corporation to make grants to DEMNITY PAYMENTS FOR COTTON SEC. 11. TIMING OF, AND LIMITATION ON, EX- the several States and the Commonwealth of PRODUCERS. PENDITURES. EADLINE FOR XPENDITURES Puerto Rico to be used to support activities (a) CONDITIONS ON PAYMENT TO STATE.— ‘‘(a) D E .—All ex- that promote agriculture. The amount of the Subsection (b) of section 1121 of the Agri- penditures required by this Act shall be grant shall be— culture, Rural Development, Food and Drug made not later than September 30, 2001. Any (1) $500,000,000 to each of the several Administration, and Related Agencies Ap- funds made available by this Act and re- States; and propriations Act, 1999 (as contained in sec- maining unexpended by October 1, 2001, shall (2) $1,000,000 to the Commonwealth of Puer- tion 101(a) of division A of Public Law 105–277 be deemed to be unexpendable, and the au- to Rico. (7 U.S.C. 1421 note), and as amended by sec- thority provided by this Act to expend such (b) GRANTS FOR VALUE OF PRODUCTION.— tion 754 of the Agriculture, Rural develop- funds is rescinded effective on that date. The Secretary shall use $133,400,000 of funds ment, Food and Drug Administration, and ‘‘(b) TOTAL AMOUNT OF EXPENDITURES.— of the Commodity Credit Corporation to Related Agencies Appropriations Act, 2001 The total amount expended under this Act make a grant to each of the several States in (as enacted by Public Law 106–387; 114 Stat. may not exceed $5,500,000,000. If the pay- an amount that represents the proportion of 1549A–42), is amended to read as follows: ments required by this Act would result in expenditures in excess of such amount, the the value of specialty crop production in the ‘‘(b) CONDITIONS ON PAYMENT TO STATE.— State in relation to the national value of The Secretary of Agriculture shall make the Secretary shall reduce such payments on a specialty crop production, as follows: payment to the State of Georgia under sub- pro rata basis as necessary to ensure that (1) California, $63,320,000. section (a) only if the State— such expenditures do not exceed such (2) Florida, $16,860,000. ‘‘(1) contributes $5,000,000 to the indemnity amount. (3) Washington, $9,610,000. fund and agrees to expend all amounts in the SEC. 12. REGULATIONS. (4) Idaho, $3,670,000. indemnity fund by not later than January 1, ‘‘(a) PROMULGATION.—As soon as prac- (5) Arizona, $3,430,000. 2002 (or as soon as administratively practical ticable after the date of the enactment of (6) Michigan, $3,250,000. thereafter), to provide compensation to cot- this Act, the Secretary and the Commodity (7) Oregon, $3,220,000. ton producers as provided in such subsection; Credit Corporation, as appropriate, shall pro- (8) Georgia, $2,730,000. ‘‘(2) requires the recipient of a payment mulgate such regulations as are necessary to (9) Texas, $2,660,000. implement this Act and the amendments (10) New York, $2,660,000. from the indemnity fund to repay the State, for deposit in the indemnity fund, the made by this Act. The promulgation of the (11) Wisconsin, $2,570,000. regulations and administration of this Act (12) North Carolina, $1,540,000. amount of any duplicate payment the recipi- shall be made without regard to— (13) Colorado, $1,510,000. ent otherwise recovers for such loss of cot- (1) the notice and comment provisions of (14) North Dakota, $1,380,000. ton, or the loss of proceeds from the sale of (15) Minnesota, $1,320,000. cotton, up to the amount of the payment section 553 of title 5, United States Code; (16) Hawaii, $1,150,000. from the indemnity fund; and (2) the Statement of Policy of the Sec- (17) New Jersey, $1,100,000. ‘‘(3) agrees to deposit in the indemnity retary of Agriculture effective July 24, 1971 (18) Pennsylvania, $980,000. fund the proceeds of any bond collected by (36 Fed. Reg. 13804), relating to notices of (19) New Mexico, $900,000. the State for the benefit of recipients of pay- proposed rulemaking and public participa- (20) Maine, $880,000. ments from the indemnity fund, to the ex- tion in rulemaking; and (21) Ohio, $800,000. tent of such payments’’. (3) chapter 35 of title 44, United States (22) Indiana, $660,000. ‘‘(b) ADDITIONAL DISBURSEMENTS FROM THE Code (commonly known as the ‘‘Paperwork (23) Nebraska, $640,000. INDEMNITY FUND.—Subsection (d) of such sec- Reduction Act’’). (24) Massachusetts, $640,000. tion is amended to read as follows: ‘‘(b) CONGRESSIONAL REVIEW OF AGENCY (25) Virginia, $620,000. ‘‘(d) ADDITIONAL DISBURSEMENT TO COTTON RULEMAKING.—In carrying out this section, (26) Maryland, $500,000. GINNERS.—The State of Georgia shall use the Secretary shall use the authority pro- (27) Louisiana, $460,000. funds remaining in the indemnity fund, after vided under section 808 of title 5, United (28) South Carolina, $440,000. the provision of compensation to cotton pro- States Code. (29) Tennessee, $400,000. ducers in Georgia under subsection (a) (in- (c) This section shall be effective one day (30) Illinois, $400,000. cluding cotton producers who file a contin- after enactment. (31) Oklahoma, $390,000. gent claim, as defined and provided in sec- Mr. LUGAR. Mr. President, I ask (32) Alabama, $300,000. tion 51 of chapter 19 of title 2 of the Official (33) Delaware, $290,000. unanimous consent that the amend- Code of Georgia), to compensate cotton gin- (34) Mississippi, $250,000. ment be withdrawn. ners (as defined as provided in such section) (35) Kansas, $210,000. The PRESIDING OFFICER. Without that— (36) Arkansas, $210,000. ‘‘(1) Incurred a loss as the result of— objection, it is so ordered. (37) Missouri, $210,000. ‘‘(A) the business failure of any cotton The PRESIDING OFFICER. The Sen- (38) Connecticut, $180,000. ator from Ohio is recognized. (39) Utah, $140,000. buyer doing business in Georgia; or (40) Montana, $140,000. ‘‘(B) the failure or refusal of any such cot- Mr. VOINOVICH. Madam President, I (41) New Hampshire, $120,000. ton buyer to pay the contracted price that have had an opportunity to listen to (42) Nevada, $120,000. had been agreed upon by the ginner and the my colleagues talk about what is hap- (43) Vermont, $120,000. buyer for cotton grown in Georgia on or after pening in the Senate in terms of proce- (44) Iowa, $100,000. January 1, 1997, and had been purchased or dure. I had an opportunity to sit in the (45) West Virginia, $90,000. contracted by the ginner from cotton pro- Presiding Officer’s chair for a lot of ducers in Georgia; (46) Wyoming, $70,000. time during my first 2 years in the (47) Kentucky, $60,000. ‘‘(2) paid cotton producers the amount (48) South Dakota, $40,000. which the cotton ginner had agreed to pay Senate. In fact, I was the first member (49) Rhode Island, $40,000. for such cotton received from such cotton of the Republican Party as a freshman (50) Alaska, $20,000. producers in Georgia; and to get the Golden Gavel Award for 100 (c) SPECIALTY CROP PRIORITY.—As a condi- ‘‘(3) satisfy the procedural requirements hours in the Chair. tion on the receipt of a grant under this sec- and deadlines specified in chapter 19 of title I have to comment on what I am tion, a State shall agree to give priority to 2 of the Official Code of Georgia applicable to hearing on the other side of the aisle the support of specialty crops in the use of cotton ginner claims.’’. that this side of the aisle is delaying the grant funds. ‘‘(c) CONFORMING AMENDMENT.—Subsection (d) SPECIALTY CROP DEFINED.—In this sec- (c) of such section is amended by striking the passage of bills. The same com- tion, the term ‘specialty crop’ means any ag- ‘‘Upon the establishment of the indemnity plaints being lodged against the Repub- ricultural crop, except wheat, feed grains, fund, and not later than October 1, 1999, the’’ lican side of the aisle are the same oilseeds, cotton, rice, peanuts, and tobacco. and inserting ‘‘The’’. complaints the Republicans lodged

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8449 against the Democratic side of the for next year, that means that in order culture supplemental bill—the bill we aisle during my first 2 years in the to revise the farm bill, we are going to are talking about, including the more Senate. It is deja vu all over again. have to put even more money in there. than $2 billion that the Senator from The fact is, some of us have some And I would argue that we are very Iowa is looking to spend in 2002 funds— major concerns that we would like to close right now to spending the Social will, I fear, push us over the top to- have discussed in the Senate. We would Security surplus in the 2002 budget. wards spending the Social Security like to have our point of view listened So I believe this amendment that I surplus. to and taken into consideration. For am bringing to this Senate is relevant. So that my colleagues understand example, the dairy compact was It is an amendment that I brought up a what is going on with spending in the brought up and then withdrawn. I was couple of weeks ago, and it is an Senate, let’s just look at this chart. I very upset when this was brought up amendment I am going to continue to call it the ‘‘here we go again’’ chart. last time. My State was opposed to the bring up. I am going to repeat the same The President came in with a budget dairy compact because we thought ex- words I heard from some of the Mem- recommendation of a 4-percent in- tending it was not in the best interest bers on the other side of the aisle, crease over last year. Our budget reso- of our State, but I never had a chance where the Republicans, they felt, did lution came back with an increase of to vote on it because it came up in con- not give them a chance for an up-or- about 5 percent. But after the Senate ference. It was done in that way. down vote, whether it was on minimum has passed three appropriations bills, I think some of us who are concerned wage or whatever else it was. I want an and if you take into consideration if we about the dairy compact think it is un- up-or-down vote on a pure Social Secu- kept the other 10 appropriations bills fair to the farmers in our respective rity lockbox. I do not want to see it ta- at their 302(b) allocations, and you add States. For example, my State legisla- bled. I do not want to see it objected to in the $18.4 billion that the President ture would never have granted permis- on some procedural matter. I want an proposes for defense spending, we are sion for Ohio to be involved in the up-or-down vote on this. I think it is now at an increase in spending of 7.1 dairy compact. We ought to have an extremely important to fiscal responsi- percent. And who knows where we are opportunity to talk about that in the bility for this country. going to be going in the future. Senate if we think it is something that I think if we do not pass this lockbox So here we are in the middle of the is very relevant, and we should at least legislation, that indeed we will spend appropriations season, and we are on have a chance to vote on it on the the 2002 Social Security surplus of $172 track to increase discretionary spend- floor, if that is the consensus of the billion. ing in fiscal year 2002 by more than 7 So I am here to offer an amendment Members of the Senate. percent. In addition, I have heard that this that will lockbox that Social Security But we are not done yet. We have 10 amendment I am bringing up this surplus and force the Senate and the appropriations bills to go, and that evening is not relevant to this farm House to make the necessary hard does not include conference reports. By bill. I happen to believe it is very rel- choices that will bring fiscal discipline the time we are all done, who knows to the Government and keep the Social evant to this farm bill. The farmers in what the final fiscal year 2002 budget Security surplus from being used. my State are not only interested in will be increased by? I am also offering this amendment Just look at how much we are in- money for farmers and for agri- because it is part of the covenant that creasing some of the specific appropria- business, but they are also very inter- we made to the American people when tions bills already. I call this chart: ested in fiscal responsibility. we passed the budget resolution and re- For example, I was at a meeting of ‘‘old spending habits die hard.’’ duced taxes. farmers in Ohio a couple of weeks ago. I refer to that covenant as the Here are the three appropriations One of them asked me: Senator, why ‘‘three-legged stool.’’ One leg allows for that we have passed already: Legisla- did you vote against the education bill? meaningful tax reductions. One other tive branch, 5.6 percent over last year; My response was that the education leg reduces debt. The third leg re- Energy and Water, 6.4 percent over last bill increased spending by 64 percent. strains spending. The Presiding Officer year; Interior, 7.9 percent over last There was not another question about may not know this, but in the last year. it in the room. Someone said: Well, if budget that we passed in the Senate, Now let’s look at the other bills that you are going to increase education 64 we increased budget authority for non- have been reported out: Foreign Oper- percent over what you spent last year, defense discretionary spending by 14.5 ations looks like it is OK, 2 percent; that means there is not going to be percent, with an overall increase in the Transportation, 3.6 percent—but I am money for other priorities facing the budget of about 9 percent over what we sure it is going to be more than that Federal Government. spent in the year 2000. before the Transportation bill gets out The Agriculture Supplemental for FY I believe this amendment I am offer- of the Senate—Commerce-Justice- 2001, in my opinion, could be passed im- ing guarantees that the tax reduction State, 4.4 percent; VA-HUD, 6.8 per- mediately tomorrow if my colleagues will continue, that we will continue to cent; Treasury-Postal, 6.8 percent; Ag- on the other side of the aisle would pay down the debt, and that we will riculture, 7.1 percent. So when you add agree to the $5.5 billion that the House control spending. As I mentioned, if we all of this together, there is a very passed and to which the President do not get an up-or-down vote on this, good chance that our spending could be agreed to sign. One of my great con- I am going to continue, every oppor- 8, 9, 10 percent higher than last year. cerns is that because of the disagree- tunity I have, to bring this amendment So I think we have a problem. As I ment over the amount of money this to this Senate Chamber. mentioned, if you take into consider- might be delayed. If it is not done be- I think my colleagues should know ation that we increase education—that fore we go home, there is a good possi- that the softening economy and the in- is, if we appropriate a 64-percent in- bility that our farmers won’t get the exorable growth of Federal spending crease—we are really in trouble. I $5.5 billion that we want to provide for are putting us perilously close to think a 64-percent increase for edu- them. spending the Social Security surplus. I cation, is $14 billion more than we I suggest to my friends on the other think that has been enunciated by Sen- would be spending ordinarily. side of the aisle that they agree to the ator CONRAD on several occasions, that So I am trying my best, I am trying $5.5 billion. Let’s get it done, and let’s we are close to spending the Social Se- my very best, to avoid the spending get the money out so we can help our curity surplus. ‘‘train wreck.’’ The amendment that I farmers. Until CBO and OMB issue their budg- am offering will keep that train on In my opinion, to add another $2 bil- et reports in August, we will not know track. lion that is going to come out of the for sure, but the early economic ba- When I was Governor of Ohio, I was FY 2002 budget when we have a very rometers are worrisome, and the pri- faced with a $1.5 billion budget deficit. tight budget situation already is fis- mary barometer—tax receipts—is When I came into office, my colleagues cally irresponsible. down. in the House and Senate, the President We know that the House provided $5.5 In addition, I am concerned that the of the Senate and the Speaker of the billion. If we put in another $2 billion money in the fiscal year 2001 Agri- House, said to me: George, don’t worry

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8450 CONGRESSIONAL RECORD — SENATE July 31, 2001 about it. Everything is going to work the way we have here in the Senate, Before I ask for the amendment to be out fine. they would have run me out of office. read, I would like to make one other I did not think it would work out They would have literally sent me point in regard to the discussion prior fine, and I began almost immediately home. to my speaking that I heard relating to to start cutting spending. Over a 2-year What are we going to do? What we the Transportation bill. period, we decreased spending by al- need to do is wall in Congress. And by I was one of the Senators who stuck most $1 billion. If I had not gotten ‘‘wall in,’’ I mean we are not going to around here last Friday until the very started early with that process, we spend Social Security and we are not end to find out what would happen. I would have had a catastrophe. going to increase taxes, we are going to had an event in Cleveland to which I My feeling is, the sooner the Senate live within our means. had to go, but I did not go because I understands we have a real problem It is very important that we face up really thought it was important that that needs to be dealt with, the better to this reality. My recommendation to we get some dialog between Members off we all are going to be. my colleagues is that we ought to get of the Senate in regard to that Trans- So the amendment I offer will guar- out the Defense and the Labor-HHS portation bill and the provision of it antee we stay the course toward fiscal bills and bring them to the floor now that deals with truck traffic coming discipline. It contains two enforcement and not wait until the very end as we out of Mexico. mechanisms: A supermajority point of did last year for the pork-athon. I sincerely believed that that legisla- order written in statute, and an auto- We have to live within the budget we tion interfered with NAFTA and that matic across-the-board spending cut to have. I know that if we keep going one we ought not to be doing that in the enforce the lockbox. appropriation after another, say we do Transportation appropriations bill. I The amendment creates a statutory 11 of them and wait until the very end believed it was wrong. I believed my point of order against any bill, amend- of the fiscal year for the last 2, we are colleagues from the other side of the ment, or resolution that would spend going to have the same situation we aisle should have sat down with Sen- the Social Security surplus in any of had last year. It is time we got those 13 ator MCCAIN and Senator GRAMM of the next 10 years. And waiving the appropriations bills on the table simul- Texas and worked out some language point of order would require the votes taneously and looked at them with the that was satisfactory to the Senate and of 60 Senators. administration and indicate how much to the President of the United States In addition, if the Social Security we intend to spend overall—5 percent, and which did not violate the NAFTA surplus was spent, OMB would impose or maybe at 6 percent, whatever it is, agreement. automatic across-the-board cuts in dis- but work it out so that we don’t end up I would like to read an editorial from cretionary and mandatory spending to with this great train wreck at the end the Cleveland Plain Dealer, the largest restore the amount of the surplus that of this year as we did last year. newspaper in Ohio, which I think really was spent. I implore my colleagues, the best captures what happened here last Fri- I want everyone to understand that way we can help our budgetary situa- day. The title of the editorial is: ‘‘Pro- this amendment specifically protects tion is to formally lockbox the Social tectionism in High Gear.’’ the Medicare Program from any cuts. Security surplus, simply take it out of The Democrat-controlled Senate, with the The only exceptions to the lockbox the spending equation. It is the best help of enough Republicans to block a fili- would be a state of war or if we have a thing we can do relative to our econ- buster, decided last week that equal protec- recession. omy. tion under the law doesn’t apply to Mexico Some of my colleagues are probably I realize we have a number of press- under NAFTA. thinking that we don’t need this ing needs facing our Nation. Agri- Beneath a veneer of safety concerns, the amendment; that the spending excesses Senate refused to eliminate the trade bar- culture is one of them. One of the riers that keep Mexican trucking companies I have outlined earlier just will not things about which I have always felt from carrying freight beyond a 20-mile bor- happen; that we won’t spend so much, good was even though I am from Cuya- der zone, no matter that among their fleets that we won’t dip into Social Security. hoga County, a big urban county, I was are some of the most modern, best-equipped I disagree. We only need to look at our referred to as ‘‘the agri-Governor.’’ I trucks on any nation’s roads. recent history to see how addicted to am interested in agribusiness. I care It’s a witches’ brew of protectionist poli- spending Congress really is. about my farmers and I have spent a tics disguised as precaution, fueled by the If my colleagues will look at this great deal of time with them. I want demands of organized labor, that gives off a chart, they will see how much Congress stench of old-fashioned ethnic prejudice. them to have that $5.5 billion. I want What’s more, it invites a trade war of retal- has spent on some of the appropria- them to have it now and they can have iation, should Mexico decide to close its bor- tions bills for fiscal year 2001 according it now if we can get an agreement with ders to U.S.-driven imports. Combined with to the Senate Budget Committee. We our colleagues from the other side of an even harsher House-passed version incor- can see Agriculture, a 26.2 percent in- the aisle. porated in the Department of Transportation crease over FY 2000; energy and water, Let’s get it done. Let’s not go home appropriations bill, it invites a veto by 10.1 percent; Interior, 24.7 percent, and not have it done and have it dis- President George W. Bush. Labor-HHS, 25 percent; Transportation, appear when the OMB or CBO comes No one supporting Mexico’s rights under we spent 26.6 percent over fiscal year the North American Free Trade Agreement out with their numbers. ever has argued that American roads should 2000; Treasury-Postal, 13.4 percent; and I support a strong defense. I support be opened to unsafe vehicles. But in the VA–HUD, a 13.5 percent increase over education. However, the money to pay years since NAFTA was passed, Mexico has FY 2000. You can see, when you look at for whatever increases Congress makes made giant strides to improve its fleets. the numbers, that we have increased to these and other programs has to Some of its largest trucking companies now budget authority for nondefense discre- come from somewhere. We either have rigs whose quality surpasses those of tionary spending by 14.5 percent in fis- prioritize our spending or we take the American companies. cal year 2001. easy way out and reduce the Social Se- But safety is little more than a stray dog It is amazing to me. I will talk to in this fight. What this is about is the $140 curity surplus. billion in goods shipped to the United States colleagues who were here during the That had happened for 30 years before from Mexico each year, and the Teamsters last 2 years and say to them: Do you I came to the Senate. It was not until Union’s desire that its members keep control realize how much we increased spend- 1999 that we stopped using the Social of that lucrative trade. ing? Some of them seem to be shocked Security surplus to subsidize the Labor—which documents gathered in a that we increased spending 14.5 per- spending by Congress and by the ad- four-year Federal Elections Commission cent. When I go home and tell people in ministration. probe show has had veto power over Demo- Ohio that this is what Congress did, I am asking this body to put their cratic Party positions for years—has never they think it is incredible. They just money where their mouth is. If my col- accepted the benefits of expanded hemi- spheric trade. It has been adamant in its op- cannot believe it. leagues do not want to spend the Social position to allowing Mexican trucks, no mat- I have said to them on many occa- Security surplus, then I urge them to ter how modern the equipment or well- sions, if I had spent money as mayor, join me in support of this lockbox trained the drivers, access to U.S. highways. as commissioner, as Governor of Ohio amendment. It was this opposition that kept President

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8451 Bill Clinton from implementing the agree- Balanced Budget and Emergency Deficit the pledge, the Journal of proceedings ment, and it is this opposition that yet Control Act of 1985 (2 U.S.C. 904(j)), the Office be approved to date, the morning hour drives labor’s handservants, who now control of Management and Budget shall use the eco- be deemed expired, the time for the two the Senate. nomic and technical assumptions underlying leaders be reserved for their use later This position should be an embarrassment the report issued pursuant to section 1106 of to a party that makes a show of its concerns title 31, United States Code, for purposes of in the day, and the Senate resume con- for the poor and downtrodden. It is a setback determining the excess deficit under section sideration of the Agriculture supple- to U.S.-Mexican relations, and an insult to 253(b) of the Balanced Budget and Emergency mental authorization bill. Mexico’s good and earnest efforts to improve Deficit Control Act of 1985, as added by sub- The PRESIDING OFFICER. Without relations with its northern neighbor. It is an section (b). objection, it is so ordered. abrogation of our treaty responsibilities, and (e) APPLICATION OF SEQUESTRATION TO f it must not be allowed to stand. BUDGET ACCOUNTS.—Section 256(k) of the At least from the perspective of Balanced Budget and Emergency Deficit PROGRAM Ohio’s largest newspaper, looking in on Control Act of 1985 (2 U.S.C. 906(k)) is amend- Mr. DASCHLE. Mr. President, on what happened last Friday is a pretty ed by— Wednesday the Senate will convene at (1) striking paragraph (2); and good indication how many Americans (2) redesignating paragraphs (3) through (6) 9:30 a.m. and resume consideration of feel about what happened last week. It as paragraphs (2) through (5), respectively. the Agriculture supplemental author- wasn’t some effort to delay the Trans- (f) STRENGTHENING SOCIAL SECURITY POINTS ization bill. To ensure that all of our portation bill but a legitimate concern OF ORDER.— colleagues are given adequate notice, I on the part of many people in the Sen- (1) IN GENERAL.—Section 312 of the Con- will make the motion to proceed to the ate that we sit down and try to work gressional Budget Act of 1974 (2 U.S.C. 643) is reconsideration of the Transportation out language that would guarantee safe amended by inserting at the end the fol- appropriations bill, the bill that the lowing: trucks in the United States, the safety distinguished Senator from Ohio has ‘‘(g) STRENGTHENING SOCIAL SECURITY of the people in the United States of POINT OF ORDER.—It shall not be in order in just been addressing. We will do that America, and at the same time guar- the House of Representatives or the Senate tomorrow at 9:30. There will be the antee that we not violate the NAFTA to consider a concurrent resolution on the likelihood of more than one vote. That agreement. budget (or any amendment thereto or con- will begin at 9:30, and we will stay on AMENDMENT NO. 1209 ference report thereon) or any bill, joint res- the bill for whatever length of time it Mr. VOINOVICH. Mr. President, I olution, amendment, motion, or conference takes. report that would violate or amend section have an amendment at the desk. If cloture is invoked, it is my inten- 13301 of the Budget Enforcement Act of tion to complete our work on the bill. The PRESIDING OFFICER. The 1990.’’. If necessary, we will stay through the clerk will report the amendment. (2) SUPER MAJORITY REQUIREMENT.— The assistant legislative clerk read (A) POINT OF ORDER.—Section 904(c)(1) of night, and we will be in session. We as follows: the Congressional Budget Act of 1974 is will not have the opportunity to go The Senator from Ohio [Mr. VOINOVICH] amended by inserting ‘‘312(g),’’ after out, but we will take that into account proposes an amendment numbered 1209. ‘‘310(d)(2),’’. tomorrow morning. Mr. VOINOVICH. I ask unanimous (B) WAIVER.—Section 904(d)(2) of the Con- My hope is we can complete our work gressional Budget Act of 1974 is amended by on the bill, and that we can also take consent that the reading of the amend- inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’. ment be dispensed with. up the HUD–VA bill at an appropriate (3) ENFORCEMENT IN EACH FISCAL YEAR.— time. That will be the schedule tomor- The PRESIDING OFFICER (Mr. CAR- The Congressional Budget Act of 1974 is PER). Without objection, it is so or- amended in— row. dered. (A) section 301(a)(7) (2 U.S.C. 632(a)(7)), by I thank the Senator from Ohio for The amendment is as follows: striking ‘‘for the fiscal year’’ through the pe- yielding. Mr. President, I suggest the absence (Purpose: To protect the social security riod and inserting ‘‘for each fiscal year cov- surpluses by preventing on-budget deficits) ered by the resolution’’; and of a quorum. (B) section 311(a)(3) (2 U.S.C. 642(a)(3)), by The PRESIDING OFFICER. The At the appropriate place, insert the fol- striking beginning with ‘‘for the first fiscal lowing: clerk will call the roll. year’’ through the period and insert the fol- The assistant legislative clerk pro- SEC. ll. PROTECT SOCIAL SECURITY SUR- lowing: ‘‘for any of the fiscal years covered ceeded to call the roll. PLUSES ACT OF 2001. by the concurrent resolution.’’. (a) SHORT TITLE.—This section may be Mr. DASCHLE. Mr. President, I ask (g) EFFECTIVE DATE.—This section and the unanimous consent that the order for cited as the ‘‘Protect Social Security Sur- amendments made by this section shall pluses Act of 2001’’. apply to fiscal years 2002 through 2006. the quorum call be rescinded. (b) REVISION OF ENFORCING DEFICIT TAR- The PRESIDING OFFICER. Without GETS.—Section 253 of the Balanced Budget Mr. VOINOVICH. I apologize to the objection, it is so ordered. and Emergency Deficit Control Act of 1985 (2 majority leader for taking more time Mr. DASCHLE. Mr. President, the U.S.C. 903) is amended— than I expected. I hope he will forgive distinguished Senator from Ohio had (1) by striking subsection (b) and inserting me. the following: asked for the yeas and nays on his Mr. President, I ask for the yeas and amendment. We are prepared to again ‘‘(b) EXCESS DEFICIT; MARGIN.—The excess nays on my amendment. deficit is, if greater than zero, the estimated pose the question. deficit for the budget year, minus the margin The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a for that year. In this subsection, the margin sufficient second? sufficient second? for each fiscal year is 0.5 percent of esti- There does not appear to be a suffi- There appears to be a sufficient sec- mated total outlays for that fiscal year.’’; cient second for the yeas and nays. ond. (2) by striking subsection (c) and inserting Mr. DASCHLE. Will the Senator from The yeas and nays were ordered. the following: Ohio yield for a unanimous consent re- Mr. DASCHLE. Mr. President, I sug- ‘‘(c) ELIMINATING EXCESS DEFICIT.—Each quest at this time? gest the absence of a quorum. non-exempt account shall be reduced by a Mr. VOINOVICH. Yes, I yield. dollar amount calculated by multiplying the The PRESIDING OFFICER. The baseline level of sequesterable budgetary re- The PRESIDING OFFICER. The ma- clerk will call the roll. sources in that account at that time by the jority leader. The assistant legislative clerk pro- uniform percentage necessary to eliminate f ceeded to call the roll. an excess deficit.’’; and ORDERS FOR WEDNESDAY, f (3) by striking subsections (g) and (h). (c) MEDICARE EXEMPT.—The Balanced AUGUST 1, 2001 MORNING BUSINESS Budget and Emergency Deficit Control Act Mr. DASCHLE. Mr. President, I ask Mr. REID. Mr. President, I ask unan- of 1985 is amended— unanimous consent that when the Sen- imous consent that the Senate now (1) in section 253(e)(3)(A), by striking ate completes its business today, it ad- stand in a period of morning business, clause (i); and (2) in section 256, by striking subsection journ until the hour of 9:30 a.m. on with Senators allowed to speak therein (d). Wednesday, August 1. I further ask for a period of up to 10 minutes each. (d) ECONOMIC AND TECHNICAL ASSUMP- unanimous consent that on Wednesday, The PRESIDING OFFICER. Without TIONS.—Notwithstanding section 254(j) of the immediately following the prayer and objection, it is so ordered.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8452 CONGRESSIONAL RECORD — SENATE July 31, 2001 THE NOMINATION OF MARY SHEI- crib slats. In some of these cases, Ms. LOCAL LAW ENFORCEMENT ACT LA GALL TO BECOME CHAIR- Gall has even opposed efforts to merely OF 2001 WOMAN OF THE CONSUMER review questionable products, to men- Mr. SMITH of Oregon. Mr. President, PRODUCT SAFETY COMMISSION tion nothing about imposing regu- I rise today to speak about hate crimes Mr. BIDEN. Mr. President, I rise latory standards to correct any poten- legislation I introduced with Senator today to express my serious concerns tially dangerous problems. For in- KENNEDY in March of this year. The about the President’s nominee to Chair stance, Ms. Gall opposed a safety re- Local Law Enforcement Act of 2001 the Consumer Product Safety Commis- view of baby walkers that, according to would add new categories to current sion, Mary Sheila Gall. the Commission, were associated with hate crimes legislation sending a sig- The Consumer Product Safety Com- 11 child deaths between 1989 and 1994, nal that violence of any kind is unac- mission was created nearly 30 years and as many as 28,000 child injuries in ceptable in our society. ago with the mission of protecting our 1994, alone. I would like to describe a terrible families from consumer products that This safety review brought to light crime that occurred July 8, 1994 in pose serious health or safety risks. The ways to produce walkers that were Reno, NV. A gay man, William Douglas Commission serves as the consumer ad- safer for children, which were then Metz, 36, was stabbed to death. A self- vocate for our Nation’s children, pro- used by manufacturers to develop a proclaimed skinhead, Justin Suade tecting them from potentially dan- voluntary standard for producing a Slotto, 21, was charged with murder. gerous, and in some cases deadly, prod- safer product. This voluntary standard Slotto allegedly went to a park with ucts. In short, the Commission is was applied within the industry, and a the intent of assaulting gays. charged with saving lives, and it has media campaign followed to educate I believe that government’s first duty done so with great success over the parents about the new, safer walkers is to defend its citizens, to defend them past several years. This success is that were entering the marketplace. against the harms that come out of based primarily on the advocacy role The Commission has estimated that hate. The Local Law Enforcement En- that the Commission has assumed in since the review process took place in hancement Act of 2001 is now a symbol fulfilling its duties for America’s fami- 1995, injuries related to baby walkers that can become substance. I believe lies and children. And it is Ms. Gall’s that by passing this legislation, we can apparent opposition to this advocacy dropped nearly 60 percent for children under 15 months of age, from an esti- change hearts and minds as well. role that has given me serious concerns f about her nomination. mated 20,100 injuries in 1995 to 8,800 in As a Commissioner for the past ten 1999. ECONOMIC AND POLITICAL years, Ms. Gall has opposed reasonable These statistics are proof that the DIFFICULTIES IN TURKEY attempts to review questionable prod- Commission’s role as child advocate Mr. SARBANES. Mr. President, as ucts and implement common sense pro- produces results. But if Ms. Gall had my colleagues are well aware, the peo- tections for consumers. Perhaps the her way, we would not have had a re- ple of Turkey, a NATO ally, are experi- most troubling example of this trend view of baby walkers at all. And with- encing extremely serious economic and has been Ms. Gall’s record on fire safe- out this review, it is unlikely we would political difficulties. ty issues. Ms. Gall opposed a review of have had the important voluntary On April 10, 2001, at the Bosphorous upholstered furniture flammability and standards that have protected thou- University in Istanbul, Turkey, our small open flame ignition sources, such sands of children. If Ms. Gall is unwill- distinguished former colleague in the as matches, lighters, and candles. In ing to even take the first step in re- House of Representatives, the Honor- opposing the review, she stated that viewing potentially dangerous prod- able John Brademas, delivered a most ‘‘. . . the benefits from imposing a ucts, I question whether we can expect thoughtful address, on this subject, small open flame ignition standard on her to fulfill the Commission’s respon- ‘‘Democracy: Challenge to the New upholstered furniture are overesti- sibility as the Nation’s child advocate. Turkey in the New Europe.’’ Dr. mated.’’ Brademas’ speech was sponsored by With all sincerity, I doubt that the I do not make this decision to oppose Mary Sheila Gall’s nomination lightly. TESEV, the Turkish Economic and So- brave men and women who risk their cial Studies Foundation. Its contents lives every day fighting house fires in I have long recognized that the Presi- dent should generally be entitled to some four months later still resonate Delaware and throughout the Nation with timely wisdom and creative anal- would agree with that assessment. Nor have an administration comprised of people of his choosing. While his selec- ysis. would they agree with Ms. Gall’s deci- A long-time and effective advocate of tions should be given considerable def- sion to walk away from fire safety democracy and transparency, John erence, that power is nonetheless lim- standards for children’s sleepwear. In Brademas served for 22 years, 1959-1981, ited by the duty of the United States 1996, Ms. Gall voted to weaken fire in the House of Representatives from Senate to provide ‘‘advice and consent’’ safety standards that required chil- Indiana’s Third District, the last four to such appointments. dren’s sleepwear to be made from as House Majority Whip. He then be- flame-resistant fabrics. Ms. Gall joined Throughout my tenure in the Senate, came President of New York Univer- another commissioner in exempting I have supported countless nominees sity, the Nation’s largest private uni- from this standard any sleepwear for for Cabinet and other high-level posi- versity, in which he served for 11 years, children less than nine months old, and tions, including many with whom I 1981-1992. He is now president emeritus. any sleepwear that is tight-fitting for have disagreed on certain policies. But Among Dr. Brademas’ involvements children sizes 7–14. I support the origi- I have also cast my vote against con- include Chairman of the Board of the nal standard, which worked for more firmation when I have become con- National Endowment for Democracy, than two decades before it was weak- vinced that the nominee is not suitable NED, from 1993–2001, and founding di- ened by the Commission. And I have to fill the role to which the person was rector of the Center for Democracy and cosponsored legislation with my former nominated. I have reluctantly reached Reconciliation in Southeast Europe. colleague from Delaware, Senator Bill the conclusion that this is one such Located in Thessalonike, Greece, the Roth, that called on the Commission to case. It is one thing to serve as a com- Center seeks to encourage peaceful and restore the original standard that all missioner, as Ms. Gall has done these democratic development of the coun- children’s sleepwear be flame-resistant. past ten years. But serving as chair of tries in that troubled region of Europe. But it’s not just her record on chil- this important Commission is a very I believe that Members of the Senate dren’s sleepwear and fire safety issues different role. As such, I strongly urge and the House of Representatives and that concerns me about Ms. Gall. She my colleagues on the Senate Com- other interested citizens will read with has turned her back on children and merce Committee to oppose Ms. Gall’s interest Dr. Brademas’ significant dis- families on a number of occasions, re- nomination as Chairwoman of the Con- cussion of the challenge of creating a jecting moderate, common-sense warn- sumer Product Safety Commission. To truly more open and democratic Tur- ings and improvements dealing with put it simply, there is nothing less key. I ask unanimous consent to print choking hazards, bunk bed slats, and than children’s lives at stake. Dr. Brademas’ address in the RECORD.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8453 There being no objection, the mate- the United States as the National Endow- to produce more constructive, less national- rial was ordered to be printed in the ment for Democracy. istic, history textbooks and thereby ulti- RECORD, as follows: Since its founding in 1983, the National En- mately enhance the understanding of, and dowment for Democracy, or NED, as we call respect for, the peoples of the region for each DEMOCRACY: CHALLENGE FOR THE NEW it, has played a significant role in cham- other—a daunting challenge, we realize! TURKEY IN THE NEW EUROPE pioning democracy throughout the world. For it is evident in the Balkans that how I count it an honor to have been asked to The purpose of NED is to promote democ- history is taught can powerfully shape the Istanbul to address a forum sponsored by the racy through grants to private organizations attitudes of people toward those different Turkish Economic and Social Studies Foun- that work for free and fair elections, inde- from themselves. Even as the violence plagu- dation, and I thank my distinguished host, pendent media, independent judiciary and ing this region has roots in nationalist, reli- ¨ Ambassador Ozdem Sanberk, Director of the other components of a genuine democ- gious and ethnic prejudices, cultivated, in TESEV, for his gracious invitation even as I racy in countries that either do not enjoy it many cases, by and based on distortions of salute the invaluable work performed by or where it is struggling to survive. histories, the accurate teaching of history TESEV in promoting the institutions of civil Two years ago, in New Delhi, India, I can be crucial in promoting tolerance and society and democracy in Turkey. joined some 400 democratic activists, schol- peace. So that you will understand the perspec- ars of democracy and political leaders from An Academic Committee, established by tive from which I speak, I hope you will per- over 85 countries brought together by NED the Joint History Project, encourages ex- mit me a few words of background. for the inaugural Assembly of the World change among scholars in participating edu- In 1958, I was first elected to the Congress Movement for Democracy. cational institutions. We on the Center of the United States—the House of Rep- The establishment of this World Movement Board hope the Committee will establish a resentatives—where I served for 22 years. During that time I was particularly active is inspired by the conviction that interaction network among academics in Southeast Eu- in writing legislation to assist schools, col- among like-minded practitioners and aca- rope as counterweight to existing national- leges and universities; libraries and muse- demics on an international scale is crucial in istic groups within each country. So far we ums; the arts and the humanities; and serv- the new era of global economics and instant have organized two seminars for young ices for children, the elderly, the handi- communications. The Movement, we hope, scholars and another two are being arranged. capped. can help democrats the world over respond The Center’s History Project has also A Democrat, I was in 1980 defeated for re- to the challenges of globalization. begun to work with the Stability Pact for election to Congress in Ronald Reagan’s Indeed, last November, Ambassador Southeastern Europe, initiated by the Euro- landslide victory over President Jimmy Car- Sanberk and I were together in Sao Paulo, pean Union and supported by the United ter and was shortly thereafter invited to be- Brazil, for the Second Assembly of the World States and other non-EU countries in Eu- come President of New York University, the Movement for Democracy. rope. The mission of the Pact is to extend de- largest private, or independent, university in CENTER FOR DEMOCRACY AND RECONCILIATION mocracy and prosperity to all the peoples of our country, a position I held for eleven IN SOUTHEAST EUROPE Southeast Europe. So far, the participating governments have pledged $2.4 billion for the years. And I have been involved in yet another initiative. If I were to sum up in one sentence what I initiative related to strengthening free and I must also cite the Center’s Young Parlia- sought to do at NYU during my service as democratic political institutions. Four years mentarians Project which, through a series President, it was to lead the transformation ago, a small group of persons, chiefly from of seminars, enables young MPs from South- of what had been a regional-New York, New the Balkans, decided to create what we call east Europe to join parliamentarians from Jersey, Connecticut-commuter institution the Center for Democracy and Reconcili- Western Europe and the European Par- into a national and international residential ation in Southeast Europe. The Center offi- liament as well as professionals, economists research university. cially opened its offices one year ago in the And I think it’s fair to say that that trans- and journalists to discuss issues of urgent city of Thessaloniki, birthplace, as you all formation took place, thanks in large part to and continuing concern in the region. know, of the great founder of the Turkish philanthropic contributions from private in- The Center last year conducted four semi- Republic, Mustafa Kemal Atatu¨ rk. I was dividuals, corporations and foundations. nars on such subjects as the workings of par- Although no longer a Member of Congress pleased that my friend, the distinguished liamentary democracy, the relationship be- or university president, I continue to be ac- Turkish business leader, Mr. Sarik Tara, was tween politics and the media, the operation tive in a range of areas, only a few of which with us on that occasion. of a free market economy, and the organiza- I shall mention. The Center is dedicated to building net- tion of political parties. By appointment of President Clinton in works among individuals and groups working This year, in another project, the Center is 1994, I am Chairman of the President’s Com- for the democratic and peaceful development sponsoring seminars on reconciliation in the mittee on the Arts and the Humanities, a of Southeast Europe. former Yugoslavia. Serbs and Croats have al- group of 40 persons, 27 from the private sec- Chairman of the Board is a respected ready met in Belgrade and will meet again tor and 13 heads of government departments American diplomat, Matthew Nimetz, who next month in Zagreb. And representatives with some cultural program. Our purpose is was Under Secretary of State with Cyrus of the other peoples of the former Yugoslavia to make recommendations to the President— Vance and is Special Envoy for United Na- will soon meet. and the country—for strengthening support tions Secretary-General Kofi Annan to medi- All the projects I have cited promote, by for these two fields in the United States— ate between Athens and Skopje. The Center’s creating cross-border contacts and stimu- and we have done so. Four years ago, then Board is composed overwhelmingly of lead- lating dialogue, the economic, social and po- First Lady of the United States, and Hon- ers from throughout Southeast Europe, in- litical development of the Balkans. Our goal, orary Chair of the Committee, Hillary cluding Mr. Osman Kavala and Dr. Seljuk to reiterate, is to encourage vibrant net- Rodham Clinton, and I released Creative Erez of Turkey. Ambassador Nimetz and I works of individuals and groups with com- America, a report to the President with such are the only two Americans on the Board. mon interests and experiences. recommendations. Although the Center is administratively I hope I have made clear, from what I have Among them was that the United States headquartered in Salonika, which, with ex- told you, that in my own career, as a Mem- give much more attention to the study of cellent transportation and communications ber of Congress, university president and countries and cultures other than our own, facilities, is easily accessible from through- participant in a range of pro bono organiza- including strengthening international cul- out the region, the activities of the Center tions, I have been deeply devoted to the tural and scholarly exchanges. Only last are carried out in the several countries of causes of democracy, free and open political Fall, I took part, at the invitation of the Southeast Europe. institutions and encouraging knowledge of then President, Bill Clinton, in the White Last September, the Board of the Center and respect for peoples of different cultures House Conference on Culture and Diplomacy, met here in Istanbul where Mr. Tara and and traditions. at which these ideas, and others, were dis- other Turkish leaders graciously received us. Against this background, I want now to cussed, and I have urged the new Secretary Indeed, I arrived in Istanbul only last Sun- talk with you about the great challenge, as of State, Colin Powell, to consider ways of day after a meeting of the Center’s Board I see it, facing what I call ‘‘the new Turkey implementing them. this past weekend in Thessaloniki. We had in the new Europe’’—and that challenge is Several days ago, in Washington, I at- originally planned to gather in Skopje but democracy. tended a meeting of the Advisory Board of you will understand why we changed the So that you can better understand my Transparency International, the organiza- venue! viewpoint, I must tell you one other factor tion that combats corruption in inter- What are we doing at the Center? Here are in my own experience that I believe relevant national business transactions, to talk about some of our current projects: to my comments. how to expand the OECD Convention out- JOINT HISTORY PROJECT GREECE, CYPRUS, AND TURKEY lawing bribery of foreign public officials to The Center’s inaugural program is a ‘‘Joint As some of you know, my late father was include outlawing bribery of officials of po- History Project,’’ which brings together pro- born in Greece, in Kalamata, in the Pelo- litical parties. fessors of Balkan history from throughout ponnesus. My late mother was of Anglo- NATIONAL ENDOWMENT FOR DEMOCRACY the region to discuss ways in which history Saxon ancestry. And last January I stepped down after is used to influence political and social rela- I was the first native-born American of eight years as Chairman of what is known in tions in Southeast Europe. The scholars seek Greek origin elected to the Congress of the

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8454 CONGRESSIONAL RECORD — SENATE July 31, 2001 United States, and I am proud of my Hellenic try into the modern world is Turkey’s can- the reports published by TU¨ SIAD and by the heritage. didacy for accession to the European Union. obvious commitment of so many leaders of In 1967, however, when a group of colonels Beyond the economic crisis and Turkish Turkish business and industry to the prin- carried out a coup in Greece, established a candidacy for entry into Europe, there is a ciples of democracy and human rights, free- military dictatorship, later throwing out the third factor that can make this the time to dom of enterprise, freedom of belief and young King, I voiced strong opposition to start building a new Turkey in the new Eu- opinion. their action. rope. As Muharrem Kayhan, President of I refused to visit Greece during the seven I speak of the rising engagement in press- TU¨ SIAD’s High Advisory Council, who was years the colonels ruled, refused invitations ing for democracy of the leaders of Turkish also in New York last month, has said, ‘‘The to the Greek Embassy in Washington and business and industry, of your universities, requisites of EU membership are exactly testified in Congress against sending U.S. of the media, and leaders of the other insti- what Turkey needs. . . . military aid to Greece. tutions of what we call civil society. ‘‘. . . TU¨ SIAD believes that fully adopting My view was that as Greece was a member So where are we now? the Copenhagen Criteria will benefit our of NATO, established to defend democracy, TURKEY AND THE EUROPEAN UNION country. We think that the fears expressed freedom and the rule of law, of all of which about the possible damages Turkey might First, we can be encouraged by the ap- goals the colonels were enemies, I had as a suffer if its special conditions are not taken proval last month by the Turkish cabinet of matter of principle to oppose sending arms into account are exaggerated. the National Program for Adoption to the from my own country to the country of my TU¨ SIAD . . . consistently calls for a thor- Acquis of the European Union, or NPPA. father’s birth. oughgoing political reform for quite a long In my view, Turkish leaders of all parties In like fashion, when in 1974, the colonels time. We firmly believe that unless we should agree to confront the problems reso- attempted to overthrow Archbishop change Turkey’s political system, efforts to lution of which is necessary to Turkish entry Makarios, the President of Cyprus, trig- modernize our economy will be in vain. To into Europe. gering their own downfall and sparking two that end we join the President of the Repub- And if Turkish responses are only cos- invasions by Turkish armed forces, equipped lic Ahmet Necdet Sezer, in calling for a re- metic, as Gu¨ nter Verheugen, the European with weapons supplied by the United States, form of the constitution and the rewriting of Commissioner in charge of enlargement, has I protested the Turkish action, again on the Political Parties Law and the Electoral made clear, the candidacy will fail. grounds of principle. Law.’’ (TU¨ SIAD) For the Turkish invasion violated U.S. Verheugen has reminded Turkish leaders This commitment to democracy, freedom legal restrictions on the use of American that the European Council in December 1999 of opinion, free market economy, a plural- arms, namely, that they could be utilized in Helsinki stated, ‘‘Turkey is a candidate istic society, clean politics, social develop- solely for defensive purposes. state destined to join the Union on the basis ment and the rule of law is, I have observed, Because American law mandated that vio- of the same criteria as applied to the other one that runs through TU¨ SIAD’s several lation of such restrictions would bring an candidate states.’’ studies and reports directed to the problems I add that Turkey should deal with these immediate termination of any further arms that face Turkey. to the violating country and because Sec- obstacles not solely to meet the so-called Co- Not only does TUSIAD call for action to retary of State Kissinger willfully refused to penhagen requirements for EU membership meet the Copenhagen criteria but do does a enforce the law, we in Congress did so by leg- but also because such action will be in the wide range of scholars, analysts and officials islating an arms embargo on Turkey. interest of the people of Turkey. from Turkey itself as well as from other I can also tell you that when my col- What has impressed me greatly as I pre- countries. leagues in Congress and I who called on Kis- pared for this visit to Istanbul is the deep Deputy Prime Minister Mesut Yilmaz last singer in the summer of 1974 to press him to commitment of so many Turkish leaders, es- month, in speaking of the cabinet approval take the action required by law, we reminded pecially in business and industry and in the of the NPPA, said that Turkey must give top him that the reason President Nixon, who universities, to the economic and political priority to ensuring freedom of speech, had just resigned, was constrained to do so reform of this great country. cracking down on torture, reviewing the was that he had failed to respect the laws of What are the requirements Turkey must death penalty and offering more freedom of the land and the Constitution of the United meet to enter Europe? organization for trade unions. Let me here remind you of the eloquent States. ¨ So what else must be done for Turkish So even as I opposed U.S. military aid to words of TESEV’s respected Director, Ozdem entry into Europe? Greece in 1967 on grounds of principle, I op- Sanberk, only a few weeks ago (‘‘It’s Not the The European Union has also called on posed U.S. arms to Turkey in 1974 on grounds Economy, Stupid!’’ Turkish Daily News, Feb- Turkey to grant full cultural rights to all of principle. You may not agree with my ruary 28, 2001). minorities, including allowing Turkish citi- viewpoint on either matter but I want you to Commenting on the clash last February be- zens to speak whatever language they like. understand it! tween Prime Minister Bulent Ecevit and After all, millions of the over 65 million peo- President Ahmet Necdet Sezer, Ambassador A NEW DEMOCRATIC TURKEY? ple of this country speak Kurdish. Why is it Sanberk said: ‘‘. . . You cannot reform the not possible to respond to their desire for a Yet I would not be here today if I did not economy root and branch without an equally believe in the prospect of a new, democratic degree of cultural freedom? radical reform of the political system. . . . I was present in New York City when your Turkey, belonging to the new Europe, a ‘‘. . . [O]nly comprehensive political remember of the European Union and a con- Foreign Minister, Ismail Cem, and the Greek form can create the stability . . . required Foreign Minister, George Papandreou, were tinuing ally of the United States. for long-term economic success.’’ I am well aware that Turkey is now con- both honored at a dinner, a symbol of a The Ambassador then criticized the Gov- reapprochement between Turkey and Greece fronted with a profound financial and eco- ernment’s failure to undertake radical struc- nomic crisis, ‘‘the most severe economic cri- in recent months triggered by the response ¨ tural reform, to ‘‘plug the leaks in the state- in each country to earthquakes in the other. sis of its history,’’ the Chairman of TUSIAD, owned banks, through which billions of dol- ¨ THE CYPRUS ISSUE Mr. Tuncay Ozihlan, told a group of us in lars of public money have poured.... No New York City last month at a meeting with crackdown on curruption in the highest Here again, I have been impressed by how members of the Turkish Industrialists’ and places. No lifting of cultural restrictions on both Turkish and Greek business leaders Businessmen’s Association. It is a crisis that freedom of expression. No reform of the Po- seem to be able to communicate effectively reaches all parts of the nation. litical Parties Law, which might transform with each other, yet another example of the If I have one thesis to advance tonight, it our parties into something more useful than significant contribution that institutions of is this: That the combination of three fac- closed clubs dominated by their leaders. No civil society can make to encouraging peace- tors make this moment one of great oppor- serious effort to change a constitution which ful resolution of conflict in this troubled tunity for fundamental reform of the Turk- does not meet the needs of the age.... part of the world. And, of course, Europe wants to see ish political system and significant advance ‘‘. . . The problems that lie at the root of progress in resolving the thorny issue of Cy- in the quality of life of the Turkish people. Turkey’s current difficulties are political, The first factor is the economic crisis. The prus. With respect to Cyprus, I could make not economic and political reform can solve distinguished Turkish economist, Mr. Kemal an entire speech tonight but I won’t! them. . . .’’ Dervis, has, as you know, been charged with Let me say that it must be obvious that recommending structural reforms essential LEADERSHIP OF TU¨ SIAD both Greek and Turkish Cypriots perceive a if Turkey is to win assistance from the Inter- I find encouragement, too, at the positions problem of security, both are unhappy with national Monetary Fund, the United States taken by the leadership of TU¨ SIAD, Tur- the present situation and both would like to and other actors in the international finan- key’s major business and industrial organi- improve their political and economic condi- cial community. zation. tions by entering the European Union. Turk- Most obvious in this respect is the situa- Indeed, only a few days ago, in New York ish Cypriots, moreover, have an acute eco- tion of Turkish banks, widely understood to City, I had the privilege of meeting several nomic problem, with less than a fifth of the be afflicted by corrupt links with the na- members of TU¨ SIAD, including its distin- $17,000 per capita GDP annually of the Greek tion’s political parties. guished chairman, Mr. O¨ zihlan. Cypriots. The second factor that can drive funda- I said then, and repeat here, that I have Clearly Turkish Cypriots would be the net mental reform in Turkey and bring the coun- been deeply impressed by the high quality of beneficiaries of entry into Europe but this

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8455 gain will come only if Cyprus is admitted as Rouleau then asserts that the Copenhagen the globalizing world and perhaps most im- a single federal state, bi-zonal and bi-com- criteria ‘‘represent more than simple re- portant, for an unfettered democracy. . . .’’ munal. forms; they mean the virtual dismantling of Now I am aware that I have spoken to you Accordingly, if Turkish Cypriots are not to Turkey’s entire state system . . . which very candidly about the challenges—and op- continue to be left behind, economically and places the armed forces at the very heart of portunities—Turkey faces as your country politically, the only sound answer is for Tur- political life. Whether Turkey will choose to moves into the 21st century. key and the Turkish Cypriots to accept the change . . . a centuries-old culture and . . . You will observe, however, that most of United Nations Security Council resolutions practices ingrained for decades—and whether the voices I have cited that are pressing for calling for such a settlement. the army will let it—remains uncertain. reform in Turkey are Turkish! I certainly don’t want to suggest that we For as The Economist has written, Cyprus Even EU membership, the ultimate incen- in the United States have a perfect political represents ‘‘the main block of Turkey’s hope tive, may not be enough to convince the system. As you know, far too few of our eli- of joining the European Union in the near fu- Turkish military to relinquish its hold on gible citizens bother to vote, and the scram- ture.’’ the jugular of the modern Turkish state.’’ ble for money to finance our political cam- I turn to another matter that is clearly of Rouleau then describes the ways in which paigns is an ongoing threat to the integrity concern to the European Union, the role of the National Security Council (NSC) oper- of American democracy. Even now, Congress the armed forces in the political system of ates and notes the objections of the EU to is acting on measures to reform campaign fi- Turkey. the military’s budgeting, its ownership of in- nancing. Now, of course, for decades, the principal dustries, its own court system and, above all, link between the United States and Turkey Moreover, as you are all aware, the Presi- the military’s dominance over civilian au- dential election in my country last year was has been strategic, specifically, military. In thority. light of the geographical location of Turkey, finally determined by our Supreme Court in Concludes Rouleau: ‘‘Turkey’s EU can- a decision that has caused leaders of both the size of its armed forces and its popu- didacy has crystallized the way in which two lation, such a relationship should not be sur- our Democratic and Republican Parties to very different visions of the country are now call for reform of our election laws. prising. Turkey is a major actor on nearly facing off. . . . On the one side stands the every issue of importance to the United I have noted that the election of President Turkey of . . . the ‘Kemalist republicans,’ Sezer seems to be regarded by Turkish cham- States in this part of the world, including those who see the military as the infallible pions of democracy as a great victory. Like NATO, the Balkans, the Aegean, Iraqi, sanc- interpreter of Atatu¨ rk’s legacy and the sole the leaders of TESEV and T¨ SIAD, I have also tions, relations with the states of the former guardian of the nation and the state. . . . been impressed by President Sezer’s commit- Soviet Union, turmoil in the Middle East and ‘‘On the other side stand . . . the ‘Kemalist ment to the rule of law and to rooting out transit routes for Central Asian oil and gas. democrats’ . . . proud of the revolution car- corruption, and by all accounts, President THE ROLE OF THE MILITARY IN TURKISH ried out by the founder of the republic eight Sezer has won the confidence of over 80% of POLITICS decades ago, but a the same time . . . believe the citizens of Turkey. Yet it must be obvious to any thoughtful that the regime should adapt to modernity I have said that the combination of the observer that of particular importance in and Western norms. This group includes in- current economic crisis, Turkish candidacy opening the doors to Europe for Turkey is tellectuals . . . business circles . . . and . . . for entry into the European Union and the that steps be taken to curb the influence of Kurds and Islamists hopeful that Brussels increasing influence of the leaders of civil the military in politics. will ensure that their legitimate rights are society make this a moment of extraor- I am certainly aware of the respect and ad- recognized and guaranteed.’’ dinary opportunity for the people of Turkey. miration the Turkish people have always had TU¨ SIAD FOR DEMOCRATIC REFORM So now let me say some words about civil for their armed forces. Nonetheless, any seri- society. What, I must tell you, seems to me a par- ous student of the place of the military in ticularly significant statement about the CIVIL SOCIETY AND DEMOCRACY Turkish life learns very quickly that its role place of the military is the following sen- What do we mean by the term? extends far beyond defense of the security of tence, under the heading, ‘‘Democratization Civil society is the space that exists be- the Republic. tween, on the one hand, the state—govern- Here, rather than using my own words, let and the Reform Process in Turkey,’’ in the document prepared for the visit of the ment—and, on the other, individual citizens. me cite those of a distinguished Turkish ¨ This space is where citizens act with one an- journalist, Cengiz Candar: TUSIAD Board of Directors to Washington, DC, and New York last month (‘‘TU¨ SIAD other through non-governmental organiza- ‘‘Unlike Western armies, the Turkish mili- tions (NGOs), foundations, and independent tary is politically autonomous and can oper- Views on Various Issues’’): ‘‘8. National Security Council (NSC) should media ate outside the constitutional authority of For as I am sure you will agree the state be eliminated as a constructional body and democratically elected governments. It can cannot—and should not—in any country do its sphere of activity be restricted to na- influence the government both directly and everything. tional defense.’’ indirectly, controlling politicians according ¨ Indeed, I believe it significant that last to its own ideas and maxims. . . . While one group of TUSIAD leaders was in year German Chancellor Gerhard Schro¨ der, ‘‘The National Security Council is the in- the U.S., speaking in Paris at the same time as you know, a Social Democrat, declared: stitution that really runs the country. . . . ’’ at a panel sponsored by Le Monde, was Dr. ‘‘One of the great illusions of Social Demo- ¨ ‘‘. . . [T]he military has become the power Erkut Yucaoglu, former TUSIAD Chairman. cratic policies has been the idea that ‘more behind the scenes that runs Turkish politics. Here are his words: state’ guarantees more justice. However, ¨ . . . ‘‘. . . TUSIAD has been in the forefront of providing or even extending the ‘classical’ ‘‘. . . The military is able to intervene at the struggle for political reform in Turkey. means of state intervention—law, power, and will in politics, not only determining who . . . Our report on democratization chal- money—can no longer be considered suffi- can form governments, but actually exer- lenged the most sacred tenets of the existing cient solutions for a society where move- cising a veto over who can contest elections. order in the country, be it freedom of expres- ment ‘has become as important as regula- . . .’’ (‘‘Redefining Turkey’s Political Cen- sion of all sorts, the role of the National Se- tion’ (Alain Touraine). . . .’’ ter,’’ Journal of Democracy, October 1999, curity Council, or private broadcasting in all Added Schro¨ der, ‘‘Subsidiarity, giving re- Vol. 10, No. 4) languages, or the political parties law. We sponsibility back to those who are willing A powerful analysis of the role of the mili- have consistently defended the integration and capable of assuming this responsibility, tary in Turkish politics is to be found in an with the EU and called for a speedy imple- should not be understood as a gift from the essay published last December in the influen- mentation of the Copenhagen criteria with- state, but, rather, as a socio-political neces- tial journal Foreign Affairs by Eric Rouleau, out reference to Turkey’s special conditions. sity.’’ (‘‘The Civil Society Redifining the Re- French Ambassador to Turkey from 1988 to ... sponsibilities of State and Society,’’ Die 1992. (‘‘Turkey’s Dream of Democracy,’’ For- ‘‘. . . It is no secret . . . that the Turkish neue Gesellschaft, No. 4, April, 2000, Frank- eign Affairs, Vol 79, No. 6, November/Decem- political system as it is presently func- furt.) ber 2000) tioning is in a crisis, perhaps a terminal one. For the health of democracy, then, we Said Rouleau, commenting on Turkey’s The political parties have lost the confidence must strengthen the institutions of civil so- candidacy for the EU, ‘‘Turkey today stands of the public a long time ago. . . . ciety. at a crossroads,’’ and explains that ‘‘The ‘‘By now, every thinking person in Turkey FOUNDATIONS IN TURKEY [1999] Helsinki decision [of the EU] called on knows that if the country wishes to fulfill its What is the state of civil society in Turkey Turkey, like all other EU membership can- own promise of greatness and become pros- today, on non-governmental organizations, didates, to comply with the . . . Copenhagen perous, the political system must change or as we say, NGOs? rules [requiring] EU hopefuls to build West- . . . .’’ Now I do not pretend to be an expert on ern-style democratic institutions guaran- Dr. Yucaoglu went on to praise the Presi- NGOs in Turkey. But I understand that there teeing the rule of law, individual rights, and dent of the Republic as ‘‘a national leader’’ are some 75,000 private associations reg- the protection of minorities. Indeed, the who enjoys ‘’the support of an overwhelming istered in Turkey including more than 10,000 EU’s eastern and central European can- percentage of the population, who is com- nonprofit foundations. Some foundations didates adopted most of the Copenhagen mitted to Turkey’s European vocation. Mr. make charitable donations to NGOs and indi- norms on their own, before even knocking at Sezer stands for the rule of law, civilian su- viduals; others are so-called ‘‘operating foun- the doors of the union.’’ premacy, anti-corruption, integration with dations’’ which provide social services and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8456 CONGRESSIONAL RECORD — SENATE July 31, 2001 support education and research. (‘‘Human democracy, non-governmental associations Although the friends of Turkey in my own Rights and Turkey’s Future in Europe,’’ by have the responsibility of keeping a close country and elsewhere will do what we can Aslan Gunduz, Orbis, Vol. 45, No. 1, Winter eye on the operations of government. So you to encourage reform, for your great country 2001, p. 16.) and I know that if governments, in order to to become a vigorous and vibrant democracy Of these 10,000 foundations, nearly half discourage or eliminate criticism, seek to is, in the final analysis, up to the people of were started in only the last 30 years. crush free and independent newspapers, radio Turkey. Of course, Turkey has a long history of and television, or to control NGOs, democ- f philanthropic foundations. During the Otto- racy will be gravely weakened. man Empire, many of the services the state EDUCATION CRUCIAL TO FUTURE OF TURKEY REMEMBERING THE BIG now provides, in health care, education and It will not surprise you, given my history THOMPSON FLOOD city-planning, were financed by foundations. in Congress and as a university president, (Davut Aydin, unpublished book chapter.) Mr. ALLARD. Mr. President, I rise that I believe a key ingredient of civil soci- today to honor those who lost their I am sure that you here can tell me how ety, fundamental to the success of democ- NGOs gained a new prominence in Turkey racy and a modern economy, is education. lives, as well as those who survived, through their effective relief work after the Certainly, education is crucial to the fu- Colorado’s Big Thompson Flood of 1976. earthquake. ture of Turkey, where 30% of the population Twenty-five years ago today more than But you also know that NGOs have often is below the age of 15! (‘‘EU-Turkey Rela- one foot of rain fell in a matter of faced intense scrutiny, and sometimes har- tionship: Less Rhetoric, More Challenges,’’ assment, from the government. So I cannot hours, creating a flash flood in Big by Bahadir Kaleagasi, Private View, No. 9, Thompson Canyon which killed 144 peo- emphasize enough the importance of philan- Autumn 2000, p. 22.) thropic support from the business commu- Although I am a strong champion of both ple and caused over $30 million in prop- nity in sponsoring NGO activities. state and private support of education, I erty damage. We remember those who Last year, by the way, I delivered a speech must note the growth in recent years of pri- died in this natural disaster, and also in Athens in which I sharply criticized the vate universities in Turkey. As one who the survivors who had to rebuild their Greek law that imposes a 20% tax on philan- helped raise nearly $1 billion in private funds lives, working as a community to start thropic contributions, reduced by half in the for New York University, I am impressed over again. Today, outside of my home- December 2000 budget but still an anomaly in that several of your private universities have a land that gave us the word philanthropia. town of Loveland, Colorado, 1,000 sur- been founded with the generous support of vivors of this tragedy will gather to I hope that Turkish law will include fur- Turkish business leaders. I think here par- ther incentives to create foundations and ex- ticularly of Bilkent University, Sabanci Uni- commemorate the Big Thompson pand the services they provide. versity and Koc University. Flood. Though I cannot be with them NATIONAL ENDOWMENT FOR DEMOCRACY IN I add that I have myself accepted the invi- in this ceremony, my thoughts and TURKEY tation of one of Turkey’s outstanding busi- prayers are with them and I speak on I can also tell you that the National En- ness leaders, Mr. Rahmi Koc, to serve on the the Senate floor today as a tribute to dowment for Democracy, which, as I have Board of Friends of Koc University, an this special event. said, I chaired for several years, has sup- American foundation chaired by the re- I ask unanimous consent that the fol- spected Turkish-American founder of Atlan- ported several non-governmental organiza- lowing letter, which I wrote for the tions in Turkey. I’ll say something about a tic Records, and a good friend, Mr. Ahmet few to illustrate the kinds of civil society Ertegun, even as I have agreed to serve on commemoration ceremony of the Big groups—and their activities—that contribute the Board of Anatolia College in Thompson Canyon Flood of 1976, be to a strong democracy: Thessaloniki. And I am pleased that these printed in the RECORD. First, I note that the Center for the Re- two institutions are cooperating in a joint There being no objection, the letter search of Societal Problems, (TOSAM), training program. was ordered to be printed in the These universities also make an important founded by Professor Dogu Ergil, has been a RECORD, as follows: NED grantee since 1997. contribution to emerging civil society in An NGO called the Foundation for Re- Turkey. Founded through acts of philan- Greetings to the families and friends of the search of Societal Problems (TOSAV) was es- thropy and charging tuition fees, they teach victims of the Big Thompson Canyon Flood tablished in 1996 to explore possible solutions students that there can be institutions, inde- As we look back twenty-five years ago to the Kurdish issue. After TOSAV published pendent of the state, serving social needs. today we remember the shock and devasta- a Document of Mutual Understanding on And as I speak of universities, let me say tion that took place in this canyon. Joan possible peaceful solutions, TOSAV’s found- that while it is imperative that the United and I arrived just after the crest from the ers were brought to trial at State Security States and Turkey maintain their strategic Big Thompson flood had passed through Court and the document was banned. alliance, I would very much like to see our Loveland and were astounded by the destruc- To continue their work, TOSAV members relationships broadened to include expanded tion. At the time I was a county health offi- established TOSAM, which produces Democ- educational and cultural links. For most cer and I had a number of clients up the can- racy Radio, broadcasting bi-weekly programs Americans, even educated ones, don’t know yon ravaged by the flash flood who had ani- on such themes as democracies and minori- very much about Turkish history or culture. mals at my hospital. I was devastated by the ties, the role of the media in a democracy, I shall add that in respect of another im- tragedies which affected our community. and the relationship between central and portant question affecting U.S. policy to- Since that time the people of the commu- local government. ward Turkey, Turkish relations with Greece, nities in the canyon have worked together to The Helsinki citizens’ Assembly—Turkey I have for several years now proposed that rebuild their lives and their property. We (HCA—Turkey) has been a NED grantee Turkish universities establish departments have heard of many sad stories and yet, since 1997. of Greek studies and Greek universities cre- many stories of kindness and concern for Founded in 1990, HCA is an international ate department of Turkish studies, the bet- others through the years. coalition that works for the democratic inte- ter for each society to understand the other. Today, as survivors, families and friends gration of Europe and on conflict resolution As I conclude his talk, I realize that I have congregate to commemorate the Big Thomp- in the Caucasus and the Middle East. HCA— certainly not covered every subject relevant son Canyon flood, my thoughts and prayers Turkey was established by jurists, human to my central thesis. I have not attempted to are with you. The bronze sculpture dedicated rights activists, mayors, trade unionists, be exhaustive; I hope I have been instructive. today will permanently honor those who died journalists, writers and academics. HISTORIC OPPORTUNITY FOR DEMOCRACY IN in the flood and I will enter this letter into HCA brings together representatives of TURKEY the CONGRESSIONAL RECORD as a tribute to civil society organizations from different cit- My thesis is straightforward. It is that all those affected by the Big Thompson Can- ies, legal experts, academics and representa- there are three powerful developments that, yon Flood on July 31, 1976. tives of municipalities to develop and advo- it seems to me, provide an historic oppor- Joan’s and my thoughts are with you as we cate an agenda for reform of the law gov- tunity for genuine democratic advance in remember the people who lost their lives and erning NGOs in Turkey. Turkey. also those who survived this flood and recre- Women Living Under Muslim Law—Turkey The first is the economic and financial cri- ated their lives. (SLUML—Turkey) has been a recipient of sis that your country is now facing. Sincerely, NED grants since 1995. Founded in December The second is Turkey’s application for Wayne Allard 1993, this NGO provides information and ad- membership in the European Union. f vice to women’s organizations throughout And the third is rising importance of the the country. WLUML-Turkey sponsors a institutions of civil society in Turkish life. STOP TRADING AND AIDING THE project to train social workers, psychologists I have drawn particular attention to the BURMESE MILITARY JUNTA and teachers from community centers movement for democratic change-for free- throughout Turkey in conducting legal lit- dom of expression, a free market economy Mr. HARKIN. Mr. President, once in eracy group sessions for women. and reform of the political system-pressed by awhile, the world is confronted with a An active civil society, then, provides a the business leaders of Turkey, like those at national government so extreme in its check on a powerful state. For in a genuine TESEV and TUSIAD. violation of basic human rights and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8457 worker rights and so morally bankrupt Burmese government officials and tex- ever ILO fact-finding teams are not on that it requires exceptional, coordi- tile industry executives are denouncing the ground. nated action on the part of all civilized our legislation, claiming that it will Third, now that more and more nations. A case in point is the Burmese hurt tens of thousands of Burmese tex- American consumers are learning for military junta that has been in power tile and apparel workers and their fam- the first time that U.S. trade with since 1988 and which continues to ter- ilies. But, in fact, S. 926 enjoys the Burma is actually growing, they are rorize this nation of 48 million people solid support of the Free Trade Union bringing their own pressure to bear on to this day. Movement of Burma, FTUB, and it was this sordid business. Last May 23rd, for This is a despicable military dicta- developed in close consultation with example, Wal-Mart executives issued a torship that is quite simply beyond the Burmese workers at the village and statement that ‘‘Wal-Mart Stores, Inc. pale. farm level inside that besieged nation. does not source products from Burma It uses forced labor as a normal way Small wonder given that the per capita and we do not accept merchandise from of conducting business and inter- GDP in Burma has now fallen to less our suppliers sourced in Burma and national trade. than $300 a year and the U.S. Embassy Wal-Mart -Canada will also not accept It uses forced child labor to build in Rangoon last summer cabled home any merchandise sourced from Burma roads and dams, to transport goods for that wages in the textile and apparel moving forward.’’ I hope this claim can the military, and to tend the fields. factories typically start at 8 cents an be verified soon and that other compa- It exploits 50,000 child soldiers—the hour for a 48-hour work week. nies that have been doing business in most of any nation on Earth. Second, the Burmese military junta Burma will follow suit. It is a drug trafficker of the first for the first time has recently an- Fourth, I am also hopeful that the order—the No. 1 source of heroin on our nounced that it will allow a team of in- U.S. Customs Service will move streets in America. vestigators from the International promptly to enforce its recent rulings It routinely confiscates and operates Labor Organization (ILO) to visit and make certain that no products apparel and other factories, directly Burma for three weeks in September to enter the U.S. labeled only ‘‘Made in and indirectly, to earn foreign ex- follow up the mountain of evidence Myanmar’’. Until such time that my change to keep its brutal grip on compiled about the widespread use of trade ban legislation is enacted, it is power. forced labor. I hope this is not a cyn- very important that all American con- It brazenly ignores the democratic ical ploy on the part of the Burmese sumers be able to clearly identify yearnings of its own people who over- generals whereby ILO officials are whether a garment or other imported whelmingly elected the National carefully steered to sanitized work product is made in Burma. League for Democracy to power in the sites, after which the ILO mission In conclusion, Mr. President, it is un- national elections in 1990. issues a report stating that they saw conscionable that apparel and textile It has kept Aung San Suu Kyi, the little first-hand evidence of forced imports from Burma, for example, have democratically elected national leader labor or that it is in decline due to the increased by 372 percent since sup- of Burma and Nobel Peace Prize Lau- government’s efforts to stop it. posedly ‘‘tough’’ sanctions were en- reate, under house arrest and cutoff To forestall this possibility, the fol- acted in the U.S. in 1997. They in- from outside communication for most lowing important precautions need to creased by 118 percent last year alone, of the past decade, while imprisoning, be taken now to prevent the Burmese providing more than $454 million in torturing, and killing tens of thou- generals from ‘‘whitewashing’’ their hard currency that flows mostly into sands of Burmese prodemocracy sup- longstanding use of forced labor: coffers of the Burmese military dicta- porters. There should be regular ILO fact- torship. By what reasoning, do we cur- For all of these reasons, I introduced finding teams sent to Burma every six rently have quotas on textile and ap- legislation, S. 926, in late May to estab- months for the foreseeable future, not parel imports from virtually every lish a complete U.S. trade ban with a onetime visit. other country in the world, but not Burma. I am greatly heartened that Every ILO fact-finding team sent Burma? Senators HELMS, LEAHY, MCCONNELL, into Burma should include at least one We need to promptly cut off the hard HOLLINGS, WELLSTONE, FEINGOLD, of the members of the ILO Commission currency that is helping sustain the SCHUMER, FEINSTEIN, LIEBERMAN, CLIN- of Inquiry which compiled the body of Burmese gulag. TON, TORRICELLI, DAYTON, CORZINE, and evidence of widespread use of forced We need to demonstrate anew our MIKULSKI have already joined as co- labor in Burma. It was that Commis- solidarity with the pro-democracy in sponsors of this bill to make more ef- sion’s report which led to the ILO in- Burma and its leaders. fective the limited sanctions enacted voking Article 33 procedures for the We need to curb the flow of illegal by a bipartisan majority in 1997. first time in history in 1999 and twice, drugs pouring into our country from Now we need President Bush to throw since then, calling for the 175 member Burma. We need to answer the call of his support behind this measure as nations of the ILO to adopt stronger the ILO to disassociate our country well. I am hopeful that he will follow sanctions against this outlaw regime. from the Burmese military junta which his words with action because he wrote Before any ILO inspection team is routinely uses forced labor and the to many of us nearly two months ago dispatched, the Burmese generals must worst forms of child labor, while pledging that ‘‘we strongly support rescind their decree which prohibits defying the community of civilized na- Daw Aung San Suu Kyi’s heroic efforts any gathering of more than 5 Burmese tions to do anything about it. to bring democracy to the Burmese civilians at one time. This will enable We can accomplish all of these wor- people.’’ Burmese forced laborers or witnesses thy policy objectives, the sooner we Now is not the time to hesitate. We on their behalf to feel more secure in enact S. 926. already have fresh evidence that even coming forward. f the threat of enactment of this legisla- The ILO must also insist in advance tion is making life much more difficult that other UN agencies help monitor PREPARING FOR BIOTERRORISM for the Burmese generals in several the whereabouts and safety of any Bur- . . . WHAT TO DO NEXT ways. mese forced laborers or witnesses Mr. AKAKA. Mr. President, I rise to First, the Wall Street Journal on thereto, once the ILO fact-finding address a subject on which I recently July 9th carried an in-depth story teams leave the country. chaired a hearing in the Governmental under the headline, ‘‘Myanmar Faces Finally, the embassies of Japan and Affairs Subcommittee on International Dual Blow from U.S. Proposed Ban.’’ In other ASEAN countries who lobbied Security, Proliferation, and Federal this account, a ranking officer of the hard for the dispatch of such ILO fact- Services concerning what the Federal Myanmar Garment Manufacturing As- finding teams must take on special, Government is doing to better prepare sociation reports that orders for Bur- added responsibilities and function as our communities for an act of bioter- mese apparel have already begun to de- conscientious monitors against forced rorism. cline in the country’s largest quasi-pri- labor and other egregious worker Mr. Bruce Baughman, the Director of vate sector industry. Not surprisingly, rights violations inside Burma when- Readiness and Planning for the Federal

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8458 CONGRESSIONAL RECORD — SENATE July 31, 2001 Emergency Management Agency, all acts of terrorism. The medical com- in the Family,’’ which ran successfully FEMA, testified on terrorism pro- munity is always called upon for as- from 1971–1979 and for which he won grams, the newly established Office of sistance in disasters by traditional four Emmys. Everyone will agree that National Preparedness, and FEMA’s first responders. For acts of bioter- Mr. O’Connor’s portrayal of Archie plans to enact a nationally coordinated rorism, they become the first respond- Bunker helped start a dialogue in this plan for terrorism preparedness. Dr. ers. This will require funding to pro- country about serious issues that had Scott Lillibridge, the first Special As- vide physicians, nurses, and hospital until then been avoided. Issues such as sistant to the Secretary of Health and administrators the resources and time racism, bigotry, and religious and gen- Human Services, HHS, for National Se- to attend meetings, training sessions, der discrimination were tackled by the curity and Emergency Management, and planning activities. cast of ‘‘All in the Family,’’ and Mr. discussed the current and future bio- Third, we can also enhance the sur- O’Connor led the discussion. His loyal terrorism preparedness and response veillance and monitoring capabilities fans will always remember the con- programs within HHS. of the local and state public health de- tributions he made to changing atti- They were followed by two expert partments. This is crucial in order to tudes in America. witnesses, whose testimony and experi- detect outbreaks as early as possible. As much as I admired Mr. O’Connor ence were very helpful in laying out One step in accomplishing this would for his role in bringing social issues to what the country should be doing, on a be to include veterinarians in current the forefront of American thought, national, State, and local level, to re- monitoring and surveillance networks. today I would like to talk about an- spond to bioterrorism. Dr. Lillibridge and Dr. O’Toole agreed other important issue that Mr. O’Con- Dr. Tara O’Toole, of the Johns Hop- that the veterinary community can nor helped bring to the attention of the kins University Center for Civilian offer many things to the bioterrorism American public. Mr. O’Connor was a Biodefense Studies, discussed the na- effort. tireless advocate for preventing kids ture of the threat and the challenges For example, most physicians do not from using drugs. He spoke publicly facing response efforts. As she aptly have clinical experience with likely about the importance of keeping illegal noted, ‘‘nothing in the realm of natural bioterrorist agents, such as plague, an- drugs away from our kids. He passion- catastrophes or man-made disasters ri- thrax, and small pox. However, many ately pleaded for parents to get be- vals the complex response problems veterinarians have field experience tween drugs and their kids so as to that would follow a bioweapon attack with anthrax and plague. Veterinarians avoid the heartache that he himself against civilian populations.’’ could also help in detecting unusual bi- suffered while witnessing his son Hugh Dr. Dan Hanfling, a physician in the ological events because many emerging struggle with his own addiction to co- Emergency Department at Inova Fair- diseases, such as West Nile Virus, ap- caine and ultimately, as a result of his fax Hospital, and an active member in pear in animals long before humans. addiction, commit suicide. At a time regional disaster response planning, Dr. Lillibridge said HHS is consid- when many would retreat in their own shared his views on the ability of local ering some options to actively engage sorrow and grief, Carroll O’Connor emergency rooms to respond to biologi- the animal health community. I would mustered the strength to speak out cal agents. He explained how, with suggest creating a senior level position about the dangers of drug abuse. He emergency room overcrowding and am- within the Centers for Disease Control was a true public servant who undoubt- bulance diversions, emergency depart- and Prevention responsible for commu- edly touched the hearts of millions ments and hospitals are operating in a nicating and coordinating with the vet- through his public service announce- ‘disaster mode’ from day to day. erinary associations, local and State ments that intimately described how Throughout the hearing, I heard animal health officials, and practicing he lost his son to drug addiction. I three recurring concerns that must be and research veterinarians on a routine truly believe that his moving an- addressed to prepare properly for bio- basis. I hope that HHS will act quickly nouncements prompted many parents terrorism. First, the medical and hos- in determining the best course of ac- to talk to their children about drugs. pital community is not engaged fully tion. I was fortunate to meet several times in bioterrorism planning. Second, the These three actions can help move with Mr. O’Connor to discuss our coun- partnerships between medical and pub- bioterrorism response forward. Will try’s drug control strategy. He had lic health professionals are not as they solve all the problems we face? many interesting and innovative ideas strong as they need to be. And, third, No. But with Congressional leadership, as how to best solve the problem. In hospitals must have the resources to FEMA’s coordination, and HHS’s im- fact, just a few months ago he appeared develop surge capabilities. plementation, we should be able to im- via satellite at a Judiciary Committee All three will require long-term ef- prove awareness and engagement by hearing I held to testify in favor of S. forts to correct these problems. How- the medical and hospital community. 304, the Drug Abuse Education, Preven- ever, I believe that we can make con- We can also expand partnerships be- tion, and Treatment Act of 2001, which siderable progress with some simple tween the medical, public health, and I introduced along with Senators measures that can be implemented veterinary communities. These are LEAHY, BIDEN, DEWINE, THURMOND, and quickly. small steps to tackling a problem FEINSTEIN. I want to quote a passage First, we need to improve awareness which, at times, may seem daunting from his opening statement, which I of the threat among the medical com- and overwhelming. munity, thereby increasing engage- Our bioterrorism preparedness effort believe exemplifies his dedication to ment with physicians and hospitals. will be helped by developing new ac- the issue of drug abuse. Dr. O’Toole suggested Congressional tivities and communicating with other We only know that there is hardly a family support for curriculum development for interested parties. I look forward to in America, on any level of life, that has not medical and nursing schools. Such sup- working with the different stake- been wounded lightly or severely or fatally port would require funding for the de- by the assault of the drug empire upon our holders in their efforts to prepare our country. The loved ones of insensate addicts, velopment of biological weapon and communities for a possible act of bio- like my own poor son, write to me every day emerging infectious disease curricula, terrorism. imploring my help, as if I, being well-known, which could be shared to educate, f might persuade our leaders to protect and train, and retrain medical profes- defend them in this war, or at the very least sionals. IN MEMORY OF CARROLL help them care for their wounded and dying. Second, FEMA must ensure that our O’CONNOR This Committee, by this legislation, is now medical and hospital communities Mr. HATCH. Mr. President, I rise directing serious attention to the care for have a place at the table in the plan- today to pay my respects to a great the wounded and dying. ning and implementing of bioterrorism American, Carroll O’Connor, who died I deeply regret that Mr. O’Connor programs. Both Dr. Hanfling and Dr. June 21, 2001 of a heart attack. Mr. will not be here when the Senate passes O’Toole emphasized the necessity of in- O’Connor was a talented actor who is S. 304, but importantly, his legacy is volving the public health and medical fondly remembered for his role as Ar- secure in the form of the contribution communities in response planning for chie Bunker in the television show ‘‘All he has made to publicizing this issue

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8459 and the tireless work toward the pas- THE VERY BAD DEBT BOXSCORE General Gioconda came to Depart- sage of this legislation. I ask unani- Mr. HELMS. Mr. President, at the ment of Energy Defense Programs in mous consent that Mr. O’Connor’s close of business yesterday, Monday, August 1997 to serve as the Principal March 14, 2001 opening statement be- July 30, 2001, the Federal debt stood at Deputy Assistant Secretary for Mili- fore the Judiciary Committee be print- $5,733,200,036,425.98, five trillion, seven tary Application (DP–2). During his 4- ed in the RECORD. hundred thirty-three billion, two hun- year tenure, General Gioconda served There being no objection, the mate- dred million, thirty-six thousand, four as the Acting Assistant Secretary for rial was ordered to be printed in the hundred twenty-five dollars and nine- Defense Programs and later as the Act- RECORD, as follows: ty-eight cents. ing Deputy Administrator for Defense STATEMENT BY CARROLL O’CONNOR TO THE Five years ago, July 30, 1996, the Fed- Programs, for almost as long as he has SENATE JUDICIARY COMMITTEE, MARCH 14, 2001 eral debt stood at $5,183,983,000,000, five served in the DP–2 position. Under this Good morning. My dear Senators, I’m hon- trillion, one hundred eighty-three bil- leadership, the Stockpile Stewardship ored by your invitation to be here. I’m deep- lion, nine hundred eighty-three mil- Program, one of the country’s most ly involved in our war on drugs but only as lion. challenging scientific and engineering a wounded victim of it, without expertise in Ten years ago, July 30, 1991, the Fed- programs is delivering results of the the conduct of it. I am presuming here sim- eral debt stood at $3,560,957,000,000, American people, results that make ply to speak for five million other victims. this a safer country for us all. His Or should I say ten million? Is there a true three trillion, five hundred sixty billion, nine hundred fifty-seven million. steady hand, clear vision, decency, can- number? We only know that there is hardly dor, and sense of humor has also helped a family in America, on any level of life, Fifteen years ago, July 30, 1986, the that has not been wounded lightly or se- Federal debt stood at $2,071,424,000,000, the program overcome profound chal- verely or fatally by the assault of the drug two trillion, seventy-one billion, four lenges over the last several years. empire upon our country. hundred twenty-four million. At the conclusion of his first tour as The loved ones of insensate addicts, like Twenty-five years ago, July 30, 1976, Acting Deputy Administrator, his ac- my own poor son, write to me every day im- the Federal debt stood at complishments were justly rewarded ploring my help, as if I, being well-known, $624,547,000,000, six hundred twenty-four with the presentation of the Depart- might persuade our leaders to protect and billion, five hundred forty-seven mil- ment of Energy’s highest honor, the defend them in this war, or at the very least lion, which reflects a debt increase of Secretary’s Gold Medal. General help them care for their wounded and dying. Gioconda has made great personal pro- This committee, by this legislation, is now more than $5 trillion, directing serious attention to the care of the $5,108,653,036,425.98, five trillion, one fessional sacrifices to ensure the suc- wounded and dying. This is a good bill. This hundred eight billion, six hundred cess of the Stockpile Stewardship Pro- war against the drug empire is a good war, fifty-three million, thirty-six thou- gram and the Nation owes him a depth and except for some who call it a lost war, sand, four hundred twenty-five dollars of gratitude for this service. I know who would legalize drugs and turn the coun- and ninety-eight cents during the past that the men and women of the Na- try over to the invader, the American people 25 years. tional Nuclear Security Administra- are not clamoring to withdraw from this f tion will sorely miss his leadership, war. commitment to excellence, and This war is raging in the streets around ADDITIONAL STATEMENTS them. They tell me in their letters that they untiring efforts to look out for their don’t understand why we are not fighting welfare. In addition to his Department of En- this war and winning it. They understand TRIBUTE TO BRIGADIER GENERAL ergy award, General Gioconda has been that they are spending billions to raise THOMAS F. GIOCONDA blockades and sanctions against so-called awarded the Distinguished Service enemy countries like Libya and Cuba, and to ∑ Mr. DOMENICI. Mr. President, I rise Medal, the Defense Superior Service fly bomber patrols over Iraq to prevent the today to pay tribute to a truly great Medal (with Oak Leaf Cluster), the De- Iraqis from making chemical weapons to use American, Brigadier General Thomas fense Meritorious Service Medal, the against us, but they know that the only F. Gioconda, USAF. General Gioconda Meritorious Service Medal (four Oak country in the world attacking us daily with has served this Nation with distinction Leaf Clusters), three Air Force Com- the poisons it makes is Colombia, the key for 31 years. country in the drug empire; Colombia which mendation Medals, the Air Force A native of Philadelphia, PA, General Achievement Medal, the Combat Read- says to us ‘‘Control your own deadly habits; Gioconda is a graduate of St. Joseph’s we don’t create them, we merely supply iness Medal, the Outstanding Vol- them. Meanwhile can you let us have two University, Philadelphia, PA, class of untary Service Medal, and the Com- billion dollars and some American troops to 1970. He has earned two masters demand Missile Badge. We wish Tom, his deal with our rebels down here?’’ grees, one in School Administration wife Anita, and their three sons, Tom, If this is an unsophisticated picture of our from Seton Hall University, and an- Jr., Anthony, and Timothy, the very foreign relations, it is nevertheless starkly other in Business Administration from best. real to our despairing people. The picture the University of Montana. His mili- It is a great honor and personal privi- might better be presented to some other tary career began in 1970 with an as- lege for me to present his credentials committee of the congress, but it is impos- signment to Malstrom AFB, MT, where sible to leave it out of any consideration of and this tribute to General Thomas F. the drug war. I cannot guess how our people he served as a missile launch officer. Gioconda before the Congress today. I will receive the proposals advanced by this After 4 years as a wing missile oper- have enjoyed working with the General good legislation, and I am afraid that the ex- ations crew instructor, he served as an over the years and I will miss his wise penditures here proposed for treatment and AFROTC instructor at his alma mater counsel. General Gioconda’s extraor- rehabilitation are not going to be enough by for two years, followed by another two dinary commitment has helped sustain half. I would have said that we needed new, years at New Jersey Institute of Tech- our Nation’s security during his tenure free rehabilitation centers in all of the major nology. He then served as a missile op- and beyond and reflects great credit counties of our fifty states. How many? Two erations instructor and section chief at upon himself, the Departments of the hundred, three hundred? At what cost? Per- the 4315th Combat Crew Training haps a billion? a low guess? just to start the Air Force and Energy, and the United program. Squadron, Vandenberg AFB, CA. States of America. His actions reflect Addicts cannot help themselves; they have General Gioconda has also served as the highest professional standards of to learn control, to re-regulate brain cells in the principal liaison officer to Congress the Air Force. He is an officer of the expert medical facilities, places with living for both General Colin Powell (Ret) and highest honor, integrity, and purpose. facilities closely available that will receive General John Shalikashvili (Ret) dur- Please join me in wishing this patriotic them without delay when they are ready to ing momentous times in our Nation’s American every success in the years offer themselves. Our people are not history—the end of the Cold War, Oper- ahead.∑ ungenerous but they are not well informed. ations Desert Storm, Provide Promise, f Care and rehabilitation of thousands and Provide Hope, Provide Comfort, South- thousands of junkies is not something they DR. FRED CRAWFORD are ready to pay for on a grand scale. But ern Watch, Deny Flight, and Restore that must be done, and now when we are at Democracy, and Joint Endeavor, as ∑ Mr. HOLLINGS. Mr. President, it is a the flood tide of our national wealth is the well as countless other military oper- pleasure for me to recognize the ac- only possible time to do it. ations and deployments. complishments of Dr. Fred Crawford,

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8460 CONGRESSIONAL RECORD — SENATE July 31, 2001 chief heart surgeon at the Medical Uni- He remembers being impressed by an uncle dream of turning MUSC into a world-class versity of South Carolina. Dr. Crawford who practiced medicine. And he always ad- heart surgery program. grew up in rural South Carolina and mired the family doctor. He knew he had to fight public perception still enjoys the simple life, but his so- In 1960, Crawford applied to, and was ac- to make his dream come true. But to do cepted at, Duke University in Durham, N.C. that, he needed a plan. He started by recruit- phisticated approach to work is on par ‘‘And for a country boy in South Carolina, ing world-class physicians and building a with any big-city surgeon. He has done Duke was about as far out as you could get,’’ team of talented professionals around them. a tremendous job of bolstering the he says. ‘‘I doubt I’d even heard of any Ivy ‘‘You can’t have a world-class heart sur- medical community’s perception of League schools at the time.’’ gery program without world-class nurses, MUSC during his more than 20 years on What started in 1960 was Crawford’s 16-year and world-class anesthesiologists,’’ he says. staff, by building a world-class team of relationship with Duke. ‘‘It takes everybody to make it work.’’ physicians and nurses and by fostering During his freshman year, Crawford met He then had to lobby for upgraded facili- the man who would become his lifelong men- ties, a part of the plan he’s still working on. excellence in his students. I ask that tor, Dr. Will Sealy, a respected heart surgeon ‘‘We’re operating in a building that’s 55 Clay Barbour’s profile of Dr. Crawford, and educator at Duke, had a profound influ- years old,’’ he says. ‘‘In the very near future which appeared in The Post and Cou- ence on Crawford. we’re going to have to do something about rier newspaper follows: ‘‘One week after I met him, I knew I want- that.’’ SURGEON STRIVES TOWARD GOAL FOR ed to be a surgeon,’’ Crawford says. ‘‘After Crawford says that while he has worked PROGRAM two weeks, I knew I wanted to be a heart hard on making a name for MUSC’s heart surgeon. And after three weeks, I knew I surgery program, he has never forgotten that (By Clay Barbour) wanted to be an academic heart surgeon.’’ he is also an educator. And that’s the part of In August 1995, former New York City Crawford finished three years under- the job he loves best. Mayor David Dinkins experienced severe graduate work at Duke and was then accept- ‘‘There is just something about knowing chest pains and dizziness while on vacation ed to the university’s prestigious medical that you’ve played a part in turning a young in Hilton Head. school. After finishing medical school, he student into a great surgeon,’’ he says. ‘‘And When it was confirmed that the 68-year-old began a seven-year surgical residency at the as they go out and succeed in the profession, Dinkins needed triple bypass surgery, there university. they take a little of you with them.’’ were discussions over where he should re- But the world would intrude on his edu- But just because he loves working with ceive treatment. cation. students doesn’t mean he’s easy on them. New York, after all, offered a plethora of VIETNAM ‘‘Fred has very high expectations for resi- world-class physicians. dents and faculty, and he lets us know when But after consulting physicians back ‘‘I think all surgeons, if they’re honest with themselves, wonder at some point if we don’t live up to them,’’ says Dr. Robert home, Dinkins’ wife decided to place her hus- Sade, MUSC’s director of Human Values and band’s heart in the very capable hands of Dr. they have the hands to do the job,’’ Crawford says. Healthcare, a medical ethics and health pol- Fred Crawford, MUSC’s chief heart surgeon. icy think tank. Crawford says despite Dinkins’ high-profile Any questions Crawford harbored about his ability were answered between 1969 and Sade has worked with Crawford for close to status, his care was the same as the other 800 22 years, and says the diminutive surgeon heart procedures performed at the Medical 1971—the years he spent in Vietnam. After finishing two years of his residency, can be gruff in a professional environment. University of South Carolina that year. ‘‘But he’s a great guy, with a sharp sense But in truth, Dinkins’ decision to trust Crawford was called to duty in the Army. He of humor,’’ he says. ‘‘It’s just that surgery is MUSC in such an important matter differed arrived at the 24th Evacuation Hospital in serious work, and Fred takes it very seri- from the others in one key aspect. Long Binh in 1970. Day in and day out, the ously. But without a doubt, he is probably It was tangible proof of MUSC’s standing young, inexperienced Crawford operated on one of the most intelligent and well-orga- in the medical community and validation for wounded soldiers. Immersed in work, nized physicians I’ve ever worked with.’’ Crawford and his heart surgery program. Crawford soon forgot his doubts and con- It’s an opinion shared by many in the sur- When Crawford took over as MUSC’s chief centrated on his patients. gical community. Crawford is the chairman cardiothoracic surgeon in 1979, he had one ‘‘I knew after that experience that I had of the American Board of Thoracic Surgery goal—to turn the oft-overlooked program what it took to do the job,’’ he says. and is the president-elect of the American into a major force in medicine. In 1971, Crawford returned to Duke and Association of Thoracic Surgeons, the most ‘‘We were losing too many people to hos- completed the last five years of his resi- prestigious group of its kind in the world. pitals out of state, and I wanted that to dency. Finishing in 1976, he accepted a posi- ‘‘That was an honor that really blew me stop,’’ he says. ‘‘I wanted this program to tion as chief of cardiac surgery at the Uni- away,’’ Crawford says. carry the weight of other high-profile pro- versity of Mississippi. At 58, Crawford has years left in his hands, grams in the country. ‘‘Which tells you more about the state of and a job that’s not quite finished. He in- But changing perceptions was easier said that program at the time than it does about tends to continue toward his goal with the than done. And even Crawford admits his how good I was,’’ he says. same drive that led him to where he is now. goal was the naive dream of a young, ideal- Crawford stayed in Mississippi for three ‘‘A year ago I was diagnosed with colon istic surgeon. years. Then on a fishing trip to South Caro- cancer,’’ he says. ‘‘I’m better now, but that But as the Dinkins’ choice to stay instate lina in 1978, he met former South Carolina scare made me aware of how short our time proves, with persistence, high standards and Gov. James Edwards and fate stepped in. here is. I didn’t waste a lot of time before. I skilled personnel, even perceptions can ‘‘I was impressed with him,’’ Edwards says. don’t waste any now.’’∑ change. ‘‘He was an extremely well-trained South f COUNTRY BOY Carolina boy. A very together and prepared person.’’ As Crawford climbs atop the tractor, TRIBUTE TO JOHN CLEMSON Edwards asked Crawford when he was com- garbed in flannel and denim, the 58-year-old ing home. It wasn’t the first time Crawford DUCKWORTH, SR. doctor looks out of place. had considered returning to the Palmetto ∑ Yet it is here, on his farm amid the corn Mr. SHELBY. Mr. President, I rise State, but this time something clicked. and sorghum that MUSC’s head of surgery is today to pay tribute to a dear friend, And as luck would have it, the position for most at home. John Clemson Duckworth, of Tusca- MUSC’s head of cardiothoracic surgery Crawford was raised here, in the commu- loosa, AL. Clemson Duckworth died opened up soon after the fishing trip. nity of Providence, not far from where his Crawford decided he’d make a run at it. this past Tuesday, July 24th, at the age 400-acre farm now sits. He met his wife of 35 Edwards, an oral surgeon by training, of 94. years, Mary Jane, here. And his mother still heard that Crawford was not receiving the Clemson was born in Tuscaloosa in lives nearby. consideration due his reputation in the in- 1907 and attended the University of He bought the land 12 years ago, right after dustry. So he stepped in. Hurricane Hugo battered the state. And Alabama. He joined the National Guard ‘‘I checked up on him before going to bat though he lives in Mount Pleasant, this rus- at the age of 18 and served as his unit’s for him,’’ Edwards says. tic getaway serves as a weekend retreat, commander when they were activated ‘‘I was told he had two of the finest hands where he can leave the stress of surgery be- in 1940 for World War II. Clemson a surgeon could have, and his decision-mak- hind and return to a simpler time. ing skills were second to none.’’ served in several areas of the Pacific. Crawford was born in 1942 to a pair of edu- It wasn’t long before Edwards reaped the He rose to the rank of full colonel, cators. His father was the principal at the benefits of his decision to back Crawford. In earned a Bronze Star and the Legion of local high school. His mother was the prin- 1983, the former governor accepted a position Merit. cipal at the local elementary. as MUSC’s president. So he knows where he developed a fondness He returned to Tuscaloosa after for academics and teaching. But he’s not ex- HOME AGAIN, HOME AGAIN World War II to his job as a loan officer actly sure what originally led him to medi- In 1979, Crawford accepted the MUSC job at First Federal Savings and Loan. He cine. and moved home to South Carolina with the eventually became President and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8461 Chairman of the bank, as well as Chief REPORT ON THE NATIONAL EMER- has not been resolved. The Government Executive Officer before he retired in GENCY WITH RESPECT TO IRAQ— of Iraq continues to engage in activi- 1979 after 50 years of service. During MESSAGE FROM THE PRESI- ties inimical to stability in the Middle his years of leadership at First Federal DENT—PM 38 East and hostile to United States in- Savings and Loan, he encouraged home The PRESIDING OFFICER laid be- terests in the region. Such Iraqi ac- ownership among the city’s residents fore the Senate the following message tions pose a continuing, unusual, and and guided Tuscaloosa in the city’s from the President of the United extraordinary threat to the national long-term planning. He served as the States, together with an accompanying security and foreign policy of the first head of the city planning commis- report; which was referred to the Com- United States. For these reasons, I sion. mittee on Banking, Housing, and have determined that it is necessary to In his church, First United Meth- Urban Affairs. maintain in force the broad authorities odist, Clemson served as Chairman of necessary to apply economic pressure the Administrative Board and Presi- To the Congress of the United States: on the Government of Iraq. Section 202(d) of the National Emer- dent of the Board of Trustees. He GEORGE BUSH. gencies Act (50 U.S.C. 1622(d)) provides served on several committees of the THE WHITE HOUSE, July 31, 2001. for the automatic termination of a na- North Alabama Conference of the f tional emergency unless, prior to the United Methodist Church. anniversary date of its declaration, the MESSAGES FROM THE HOUSE At the University of Alabama, he President publishes in the Federal Reg- ENROLLED BILL SIGNED served as an adjunct professor, teach- ister and transmits to the Congress a At 12:27 p.m., a message from the ing economics and insurance. He was notice stating that the emergency is to House of Representatives, delivered by active in a number of philanthropic continue in effect beyond the anniver- Ms. Niland, one of its reading clerks, and social organizations on campus. sary date. In accordance with this pro- announced that the Speaker has signed Clemson Duckworth definitely left a vision, I have sent the enclosed notice, the following enrolled bill: mark on the Tuscaloosa community. In stating that the Iraqi emergency is to H.R. 1954. An act to extend the authorities addition to his service to the City continue in effect beyond August 2, of the Iran and Libya Sanctions Act of 1996 Planning Commission, he was also ac- 2001, to the Federal Register for publica- until 2006, and for other purposes. tive in the city’s Rotary Club. He was tion. The enrolled bill was signed subse- a member of the Druid City Hospital The crisis between the United States quently by the President pro tempore Foundation Board and played an active and Iraq that led to the declaration on (Mr. BYRD). role in many of its fund raising August 2, 1990, of the national emer- projects. He served as Chairman and gency has not been resolved. The Gov- At 3:34 p.m., a message from the President of the Community Chest ernment of Iraq continues to engage in House of Representatives, delivered by Drive, President of the Chamber of activities inimical to stability in the Mr. Hays, one of its reading clerks, an- Commerce of West Alabama and the Middle East and hostile to United nounced that the House has passed the Junior Chamber of Commerce, and Di- States interests in the region. Such following bills, in which it requests the rector and Treasurer of the Building Iraqi actions pose a continuing, un- concurrence of the Senate: Fund of YMCA. For his lifetime of usual, and extraordinary threat to the H.R. 100. An act to establish and expand service to his country and community, national security and foreign policy of programs relating to science, mathematics, Clemson Duckworth was honored as the United States. For these reasons, I engineering, and technology education, and Tuscaloosa’s Citizen of the Year. have determined that it is necessary to for other purposes. H.R. 1499. An act to amend the District of Clemson also found time to raise a maintain in force the broad authorities Columbia College Access Act of 1999 to per- family. He and his wife Susie raised a necessary to apply economic pressure mit individuals who graduated from a sec- daughter, Virginia Duckworth Cade; on the Government of Iraq. ondary school prior to 1998 and individuals and two sons, John Clemson GEORGE W. BUSH. who enroll in an institution of higher edu- Duckworth, Jr. and Joe Brown THE WHITE HOUSE, July 31, 2001. cation more than 3 years after graduating Duckworth. They were also blessed f from a secondary school to participate in the tuition assistance programs under such Act, with seven grandchildren and 14 great REPORT ON THE CONTINUATION grandchildren. and for other purposes. OF THE IRAQI EMERGENCY— H.R. 1858. An act to make improvements in Clemson Duckworth was a good MESSAGE FROM THE PRESI- mathematics and science education, and for friend, a patriarch of the Tuscaloosa DENT—PM 39 other purposes. community, a decorated veteran of H.R. 2456. An act to provide that Federal World War II, and a much-beloved fam- The PRESIDING OFFICER laid be- employees may retain for personal use pro- ily man. He will be greatly missed by fore the Senate the following message motional items received as a result of travel many.∑ from the President of the United taken in the course of employment. States, together with an accompanying H.R. 2540. An act to amend title 38, United report; which was referred to the Com- States Code, to make various improvements f mittee on Banking, Housing, and to veterans benefits programs under laws ad- Urban Affairs. ministered by the Secretary of Veterans Af- MESSAGES FROM THE PRESIDENT fairs, and for other purposes. To the Congress of the United States: H.R. 2603. An act to implement the agree- Messages from the President of the Section 202(d) of the National Emer- ment establishing a United States-Jordan United States were communicated to gencies Act (50 U.S.C. 1622(d)) provides free trade area. the Senate by Ms. Evans, one of his for the automatic termination of a na- H.R. 2620. An act making appropriations secretaries. tional emergency unless, prior to the for the Departments of Veterans Affairs and anniversary date of its declaration, the Housing and Urban Development, and for sundry independent agencies, boards, com- f President publishes in the Federal Reg- missions, corporations, and offices for the ister and transmits to the Congress a fiscal year ending September 30, 2002, and for EXECUTIVE MESSAGES REFERRED notice stating that the emergency is to other purposes. continue in effect beyond the anniver- H.R. 2647. An act making appropriations As in executive session the Presiding sary date. In accordance with this pro- for the Legislative Branch for the fiscal year Officer laid before the Senate messages vision, I have sent the enclosed notice, ending September 30, 2002, and for other pur- from the President of the United stating that the Iraqi emergency is to poses. States submitting sundry nominations continue in effect beyond August 2, The message also announced that the which were referred to the appropriate 2001, to the Federal Register for publica- House has agreed to the following con- committees. tion. current resolution, in which it requests (The nominations received today are The crisis between the United States the concurrence of the Senate: printed at the end of the Senate pro- and Iraq that led to the declaration on H. Con. Res. 190. Concurrent resolution ceedings.) August 2, 1990, of a national emergency supporting the goals and ideals of National

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8462 CONGRESSIONAL RECORD — SENATE July 31, 2001 Alcohol and Drug Addiction Recovery to the Committee on Banking, Housing, and transmitting, pursuant to law, the report of Month. Urban Affairs. a rule entitled ‘‘Airworthiness Directives: EC–3209. A communication from the Chief f Boeing Model 757 Series Airplanes; Modified of the Regulations Unit of the Internal Rev- by Supplemental Certificate SA1727GL’’ MEASURES REFERRED enue Service, Department of the Treasury, ((RIN2120–AA64)(2001–0347)) received on July transmitting, pursuant to law, the report of 26, 2001; to the Committee on Commerce, The following bills were read the first a rule entitled ‘‘Section 1504(d)—Subsidiary Science, and Transportation. and the second times by unanimous Formed to Comply with Foreign Law’’ (Rev. EC–3220. A communication from the Pro- consent, and referred as indicated: Rul. 2001–39) received on July 27, 2001; to the gram Analyst of the Federal Aviation Ad- H.R. 100. An act to establish and expand Committee on Finance. ministration, Department of Transportation, programs relating to science, mathematics, EC–3210. A communication from the Chief transmitting, pursuant to law, the report of engineering, and technology education, and of the Regulations Unit, Internal Revenue a rule entitled ‘‘Airworthiness Directives: for other purposes; to the Committee on Service, Department of the Treasury, trans- Boeing Model 736–600, –700, –700C, and –800 Se- Health, Education, Labor, and Pensions. mitting, pursuant to law, the report of a rule ries Airplanes’’ ((RIN2120–AA64)(2001–0345)) H.R. 1858. An act to make improvements in entitled ‘‘Disclosures of Return Information received on July 26, 2001; to the Committee mathematics and science education, and for to Officers and Employees of the Department on Commerce, Science, and Transportation. other purposes; to the Committee on Health, of Agriculture for Certain Statistical Pur- EC–3221. A communication from the Pro- Education, Labor, and Pensions. poses and Related Activities’’ (RIN1545– gram Analyst of the Federal Aviation Ad- H.R. 2456. An act to provide that Federal AX69) received on July 30, 2001; to the Com- ministration, Department of Transportation, employees may retain for personal use pro- mittee on Finance. transmitting, pursuant to law, the report of motional items received as a result of travel EC–3211. A communication from the Dep- a rule entitled ‘‘Airworthiness Directives: taken in the course of employment; to the uty Secretary of Defense, transmitting, pur- Boeing Model 737–200, –200C, –300, and –400 Se- ries Airplanes’’ ((RIN2120–AA64)(2001–0344)) Committee on Governmental Affairs. suant to law, the report of the Office of the received on July 26, 2001; to the Committee H.R. 2540. An act to amend title 38, United Inspector General for the period beginning on Commerce, Science, and Transportation. States Code, to make various improvements October 1, 2000 through March 31, 2001; to the Committee on Governmental Affairs. EC–3222. A communication from the Trial to veterans benefits programs under laws ad- Attorney for Federal Railroad Administra- ministered by the Secretary of Veterans Af- EC–3212. A communication from the Dis- trict of Columbia Auditor, transmitting, a tion, Department of Transportation, trans- fairs, and for other purposes; to the Com- mitting, pursuant to law, the report of a rule mittee on Veterans’ Affairs. report entitled ‘‘Certification Review of the Sufficiency of the Washington Convention entitled ‘‘Brake System Safety Standards for H.R. 2603. An act to implement the agree- Freight and Other Non-Passenger Train and ment establishing a United States-Jordan Center Authority’s Projected Revenues to Meet Projected Operating and Debt Service Equipment; End-of-Train Devices’’ (RIN2130– free trade area; to the Committee on Fi- AB49) received on July 26, 2001; to the Com- nance. Expenditures and Reserve Requirements for Fiscal Year 2002’’; to the Committee on Gov- mittee on Commerce, Science, and Transpor- The following concurrent resolution ernmental Affairs. tation. was read, and referred as indicated: EC–3213. A communication from the Prin- EC–3223. A communication from the Senior Transportation Analyst, Office of the Sec- H. Con. Res. 190. Concurrent resolution cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- retary of Transportation, Department of supporting the goals and ideals of National Transportation, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Alcohol and Drug Addiction Recovery law, the report of a rule entitled ‘‘Non- titled ‘‘Approval and Promulgation of Imple- Month; to the Committee on Health, Edu- discrimination on the Basis of Disability in mentation Plans: Oregon’’ (FRL7017–9A) re- cation, Labor, and Pensions. Air Travel’’ (RIN2105–AC81) received on July ceived on July 30, 2001; to the Committee on f 26, 2001; to the Committee on Commerce, Environment and Public Works. Science, and Transportation. EC–3214. A communication from the Regu- MEASURES PLACED ON THE EC–3224. A communication from the Senior lations Officer of the Federal Highway Ad- CALENDAR Transportation Analyst, Office of the Sec- ministration, Department of Transportation, retary of Transportation, transmitting, pur- The following bill was read the first transmitting, pursuant to law, the report of and second times by unanimous con- suant to law, the report of a rule entitled a rule entitled ‘‘National Standards for Traf- ‘‘Transportation for Individuals With Dis- sent, and placed on the calendar: fic Control Devices; Manual on Uniform abilities (Over the Road Buses)’’ ((RIN2105– H.R. 2620. An act making appropriations Traffic Control Devices for Streets and High- AC00)(2001–0001)) received on July 26, 2001; to for the Departments of Veterans Affairs and ways; Corrections’’ (RIN2125–AE87) received the Committee on Commerce, Science, and Housing and Urban Development, and for on July 30, 2001; to the Committee on Envi- Transportation. sundry independent agencies, boards, com- ronment and Public Works. EC–3225. A communication from the Attor- missions, corporations, and offices for the EC–3215. A communication from the Acting ney of the Office of the General Counsel, Of- fiscal year ending September 30, 2002, and for Administrator of the Rural Utilities Service, fice of the Secretary of Transportation, other purposes. Department of Agriculture, transmitting, transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled a rule entitled ‘‘Maintenance of and Access f ‘‘Policy on Audits of RUS Borrowers; to Information About Individuals’’ (RIN2105– EXECUTIVE AND OTHER GAGAS Amendments’’ (RIN0572–AB62) re- AC99) received on July 26, 2001; to the Com- COMMUNICATIONS ceived on July 27, 2001; to the Committee on mittee on Commerce, Science, and Transpor- Agriculture, Nutrition, and Forestry. tation. The following communications were EC–3216. A communication from the Acting EC–3226. A communication from the Acting laid before the Senate, together with Administrator of the Rural Utilities Service, Director of the Office of Sustainable Fish- accompanying papers, reports, and doc- Department of Agriculture, transmitting, eries, National Marine Fisheries Service, De- uments, which were referred as indi- pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- ‘‘Policy on Audits of RUS Borrowers; Man- cated: ant to law, the report of a rule entitled agement Letter’’ (RIN0572–AB66) received on ‘‘Fisheries of the Exclusive Economic Zone EC–3206. A communication from the Direc- July 27, 2001; to the Committee on Agri- Off Alaska—Closes Pelagic Shelf Rockfish tor of the Office of Regulations Management, culture, Nutrition, and Forestry. Fishery in the West Yakutat District, Gulf Veterans Benefits Administration, Depart- EC–3217. A communication from the Prin- of Alaska’’ received on July 26, 2001; to the ment of Veterans Affairs, transmitting, pur- cipal Deputy Associate Administrator of the Committee on Commerce, Science, and suant to law, the report of a rule entitled Environmental Protection Agency, transmit- Transportation. ‘‘Montgomery GI Bill—Active Duty’’ ting, pursuant to law, the report of a rule en- EC–3227. A communication from the Acting (RIN2900–AK06) received on July 30, 2001; to titled ‘‘Isoxadifen-ethyl; Pesticide Tolerance Assistant Administrator for Fisheries, Na- the Committee on Veterans’ Affairs. Technical Correction’’ (FRL6794–3) received tional Marine Fisheries Service, Department EC–3207. A communication from the Assist- on July 30, 2001; to the Committee on Agri- of Commerce, transmitting, pursuant to law, ant Secretary of Legislative Affairs, Depart- culture, Nutrition, and Forestry. the report of a rule entitled ‘‘Fisheries Off ment of State, transmitting, pursuant to EC–3218. A communication from the Prin- West Coast States in the Western Pacific; law, the report of a rule entitled ‘‘VISAS: cipal Deputy Associate Administrator of the Western Pacific Pelagic Longline Restric- Nonimmigrant Classes; Irish Peace Process Environmental Protection Agency, transmit- tions and Seasonal Area Closure, and Sea Cultural and Training Program’’ (22 CFR ting, pursuant to law, the report of a rule en- Turtle and Sea Bird Mitigation Measures; Part 41) received on July 30, 2001; to the titled ‘‘Tepraloxydim; Pesticide Tolerance’’ Emergency Interim Rule’’ (RIN0648–AP24) re- Committee on Foreign Relations. (FRL6781–7) received on July 30, 2001; to the ceived on July 27, 2001; to the Committee on EC–3208. A communication from the Chair- Committee on Agriculture, Nutrition, and Commerce, Science, and Transportation. man of the Board of Governors of the Federal Forestry. EC–3228. A communication from the Assist- Reserve System, transmitting, pursuant to EC–3219. A communication from the Pro- ant Chief, Consumer Information Bureau, law, the Annual Report on Retail Fees and gram Analyst of the Federal Aviation Ad- Federal Communications Commission, trans- Service of Depository Institutions for 1999; ministration, Department of Transportation, mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8463 entitled ‘‘Implementation of Sections 255 moned and appears, but does not serve, a the president of the United States, to the and 251(a)(2) of the Communications Act of one-time $40 tax credit for that day; and, be speaker of the house of representatives and 1934, as Enacted by the Telecommunications it further the president of the senate of the United Act of 1996; Access to Telecommunications Resolved, That the Texas secretary of state States Congress, and to all members of the Service, Telecommunications Equipment forward official copies of this resolution to Texas delegation to the congress with the re- and Customer Premises Equipment by Per- the president of the United States, to the quest that this resolution be entered in the sons with Disabilities’’ (Doc. No. 96–198) re- speaker of the house of representatives and Congressional Record as a memorial to the ceived on July 27, 2001; to the Committee on the president of the senate of the United Congress of the United States of America. Commerce, Science, and Transportation. States Congress, and to all the members of POM–167. A concurrent resolution adopted f the Texas delegation to the congress with the request that this resolution be officially by the House of the Legislature of the State PETITIONS AND MEMORIALS entered in the Congressional Record as a me- of Texas relative to enacting the Railroad morial to the Congress of the United States Retirement and Survivors’ Improvement Act The following petitions and memo- of 2001; to the Committee on Finance. rials were laid before the Senate and of America. HOUSE CONCURRENT RESOLUTION 210 were referred or ordered to lie on the POM–166. A concurrent resolution adopted Whereas, The Railroad Retirement and table as indicated: by the House of the Legislature of the State Survivors’ Improvement Act of 2000 was ap- POM–165. A concurrent resolution adopted of Texas relative to Canadian lumber, to the proved in a bipartisan effort by 391 members by the House of the Legislature of the State Committee on Finance. of the United States House of Representa- of Texas relative to jurors’ compensation; to House Concurrent Resolution 98 tives in the 106th Congress, including 20 the Committee on Finance. Whereas, Lumber is an important natural members from the Texas delegation to the HOUSE CONCURRENT RESOLUTION 104 resource and a vital industry for both the congress; and Whereas, Even though more than 80 United Whereas, While jury service is a civic duty United States and Texas; the U.S. and Texas States senators signed letters of support for for many Americans, extended jury service timber industries’ ability to compete in a this legislation in 2000, the bill never came can create significant financial hardship on global economy, however, is hampered by the continuing influx of Canadian lumber, which up for a vote in the full senate; and jurors, and for many citizens the honor and Whereas, An identical bill addressing rail- is heavily subsidized by the provincial gov- privilege of serving on a jury becomes in- road retirement reform is now before the ernments; and stead a burden that not only tends to limit 107th Congress to modernize the financing of participation in jury service but ultimately Whereas, Canadian softwood lumber producers obtain most of their timber supply the railroad retirement system for its 748,000 reduces the representativeness of juries in an beneficiaries nationwide, including more increasingly diverse society; and from government-owned forests, and the provinces subsidize lumber production by than 38,000 in Texas; and Whereas, Under current Texas law, jurors Whereas, The act provides tax relief to selling timber to Canadian lumber compa- are entitled to reimbursement of expenses in freight railroads, Amtrak, and commuter nies at noncompetitive prices for a fraction an amount not less than $6 nor more than $50 lines; it also provides benefit improvements of the timber’s market value; and for each day of jury service, with the actual for surviving spouses of rail workers, who Whereas, Artificially low provincial timber amount being determined by the county currently suffer deep cuts in income when prices, minimum harvesting restrictions, and commissioners court; the law also allows a the rail retiree dies; and other practices that encourage overhar- presiding judge, under certain cir- Whereas, Railroad management and labor vesting and overproduction have helped Ca- cumstances, to increase the daily reimburse- and retiree organizations have agreed to sup- nadian imports gain a 36 percent share of the ment above the amount set by the commis- port this legislation; and sioners court provided that reimbursement U.S. softwood lumber market; and Whereas, No outside contributions from does not exceed the maximum allowable Whereas, Highly subsidized Canadian lum- taxpayers are needed to implement the amount of $50 per day, with the additional ber imports unfairly compete with U.S. lum- changes called for in this legislation as all costs in these cases being shared equally by ber companies, jeopardizing thousands of costs relating to the reforms will come from the parties involved; and jobs and driving down the market value of within the railroad industry, including a full Whereas, Because jurors’ compensation U.S. forestlands; and share by active employees; now, therefore, be Whereas, U.S. industry and labor groups, often falls at the lower end of this reim- it bursement schedule, jury duty participation U.S. and Canadian environmental organiza- Resolved, That the 77th Legislature of the may cause undue financial hardships on citi- tions, and Native American groups have State of Texas hereby respectfully urge the zens who incur substantial traveling and called for an end to these subsidies in order Congress of the United States to enact the other daily expenses when responding to a to establish fair trade practices; and Railroad Retirement and Survivors’ Im- Whereas, The United States must fully en- jury summons; and provement Act of 2001; and, be it further Whereas, Furthermore, because Texas law force trade laws to offset the subsidies and Resolved, That the Texas secretary of state does not require employers to pay employees mitigate injury to the U.S. softwood lumber forward official copies of this resolution to for the time they take off work to perform industry if the Canadian subsidies are not the president of the United States, to the jury service, the financial hardship falls discontinued; and speaker of the house of representatives and Whereas, The only protection for U.S. tim- most heavily on hourly wage earners who the president of the senate of the United ber growers against these unfair market con- cannot afford the different between the $6 States Congress, and to all the members of ditions is the current United States-Canada per day compensation and the amount of the Texas delegation to the congress with Softwood Lumber Agreement, which is wages lost; and the request that this resolution be officially scheduled to expire on the last day of March Whereas, Consequently, minorities, young entered in the Congressional Record as a me- 2001; now, therefore, be it adults, and other lower-income individuals morial to the Congress of the United States Resolved, That the 77th Legislature of the are significantly underrepresented on many of America. State of Texas hereby respectfully urge the Texas juries, which may potentially violate Congress of the United States to: a constitutional requirement that juries rep- POM–168. A concurrent resolution adopted (1) make the problem of subsidized Cana- by the Senate of the Legislature of the State resent a cross-section of the community; and dian lumber imports a top trade priority to Whereas, While county commissioners of Texas relative to the development of an be addressed immediately; agreement or treaty with Mexico to address courts may provide for juror compensation (2) take every possible action to end Cana- above the state minimum, courts in poorer health issues; to the Committee on Foreign dian lumber subsidy practices through open Relations. communities may be hard pressed to do so, and competitive sales of timber and logs in and even in those communities that do pay Canada for fair market value or, if Canada SENATE CONCURRENT RESOLUTION 21 above the minimum, the higher compensa- will not agree to end the subsidies imme- Whereas, Border health conditions not tion still does not offset the amount of wages diately, provide that the subsidies be offset only pose an immediate risk to those who a juror may forgo during an extended jury in the United States; live along either side of the United States- trial; additional incentives are needed to (3) encourage open and competitive timber Mexico border, but also are a health concern lessen or remove jurors’ financial burdens sales at fair market prices; and for all of the United States, and unaddressed and thus ensure greater public participation (4) if Canada does not agree to end sub- health concerns in this region will only con- in jury service and safeguard constitutional sidies for lumber: tinue to worsen as the border population and guarantees; now, therefore, be it (A) enforce vigorously, promptly, and fully its mobility increase, thereby escalating the Resolved, That the 77th Legislature of the the trade laws with regard to subsidized and risks to other areas of exposure and trans- State of Texas hereby respectfully request dumped imports; mission of disease; and the Congress of the United States to pass (B) explore all options to stop unfairly Whereas, While the State of Texas has at- legislation amending the Internal Revenue traded imports; and tempted to address many of the health issues Code to give each person who serves on a (C) limit injury to the U.S. lumber indus- facing the border population in Texas, bina- jury under certain circumstances or in cer- try; and, be it further tional cooperation at the federal level is es- tain localities a $40 tax credit per day of Resolved, That the Texas secretary of state sential to addressing these health concerns; service and to give each person who is sum- forward official copies of this resolution to and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8464 CONGRESSIONAL RECORD — SENATE July 31, 2001 Whereas, In 1999, the Texas Legislature and second times by unanimous con- come of individual taxpayers discharges of called for an in-depth study of the public sent, and referred as indicated: indebtedness attributable to certain forgiven health infrastructure and barriers to a coop- residential mortgage obligations; to the By Mr. HATCH (for himself and Mrs. erative effort between Texas and Mexico; re- Committee on Finance. sults of the study indicate that differences in FEINSTEIN): S. 1272. A bill to assist United States vet- By Mr. JOHNSON: technology and limitations on the exchange erans who were treated as slave laborers S. 1283. A bill to establish a program for of technology, disparities in methods of col- while held as prisoners of war by Japan dur- the delivery of mental health services by lecting data and confidentiality provisions ing World War II, and for other purposes; to telehealth; to the Committee on Health, that restrict information sharing, and cul- the Committee on Veterans’ Affairs. Education, Labor, and Pensions. tural differences that affect interaction be- By Mr. KENNEDY (for himself, Mr. tween local and state health departments all By Mr. HARKIN: S. 1273. A bill to amend the Public Health SPECTER, Mr. JEFFORDS, Mr. LIEBER- combine to inhibit collaboration on health Service Act to provide for rural health serv- MAN, Mr. DASCHLE, Mr. AKAKA, Mr. issues of mutual concern; and BAUCUS, Mr. BAYH, Mr. BIDEN, Mr. Whereas, An example of the consequences ices outreach, rural health network planning BINGAMAN, Mrs . BOXER, Ms. CANT- of such barriers to cooperation occurred in and implementation, and small health care WELL, Mr. CARPER, Mr. CHAFEE, Mr. 1999, when an outbreak of dengue fever in provider quality improvement grant pro- CLELAND, Mrs. CLINTON, Mr. CORZINE, South Texas was traced back to Mexican cit- grams, and telehomecare demonstration Mr. DAYTON, Mr. DODD, Mr. DURBIN, ies and was thought to have been brought projects; to the Committee on Health, Edu- Mr. EDWARDS, Mr. FEINGOLD, Mrs. from Nuevo Laredo, Mexico, to Laredo, cation, Labor, and Pensions. FEINSTEIN, Mr. HARKIN, Mr. INOUYE, Texas; and By Mr. KENNEDY (for himself, Mr. Whereas, Despite the implications for an FRIST, Mr. DODD, Mr. HUTCHINSON, Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, outbreak across the border, Mexican health Mr. JEFFORDS, Ms. COLLINS, Mr. Mr. LEAHY, Mr. LEVIN, Ms. MIKULSKI, officials were limited in their ability to con- BINGAMAN, Mr. EDWARDS, Mrs. MUR- Mrs. MURRAY, Mr. NELSON of Florida, firm cases of the mosquito-borne illness, and RAY, and Mr. SESSIONS): Mr. REED, Mr. REID, Mr. SARBANES, provisions in the Mexican Constitution re- S. 1274. A bill to amend the Public Health Mr. SCHUMER, Mr. SMITH of Oregon, stricted them from sharing the results of Service Act to provide programs for the pre- Ms. STABENOW, Mr. TORRICELLI, Mr. tests performed on Mexican citizens with vention, treatment, and rehabilitation of WELLSTONE, and Mr. WYDEN): Texas’ health officials; and stroke; to the Committee on Health, Edu- S. 1284. A bill to prohibit employment dis- Whereas, Similar instances have occurred cation, Labor, and Pensions. crimination on the basis of sexual orienta- where incidences of tuberculosis, salmonella, By Mr. FRIST (for himself, Mr. KEN- tion; to the Committee on Health, Edu- and malaria around the United States were NEDY, Mr. JEFFORDS, Mr. HUTCHINSON, cation, Labor, and Pensions. found to have started in the Texas-Mexico Mr. DODD, Ms. COLLINS, Mr. BINGA- By Mr. CORZINE: border region; and MAN, Mr. FEINGOLD, Mrs. MURRAY, S. 1285. A bill to provide the President with Whereas, It is in the interest of the United Mr. EDWARDS, and Mr. CORZINE): flexibility to set strategic nuclear delivery States to control the spread of diseases, be- S. 1275. A bill to amend the Public Health system levels to meet United States national ginning in the places where they originate, Service Act to provide grants for public ac- security goals; to the Committee on Armed and poverty and poor health conditions cess defibrillation programs and public ac- Services. along the United States-Mexico border recess defibrillation demonstration projects, f gion provide a large incubation ground for and for other purposes; to the Committee on diseases; however, the efforts of one state or Health, Education, Labor, and Pensions. SUBMISSION OF CONCURRENT AND country alone will not address conditions By Mr. DOMENICI (for himself and Mr. SENATE RESOLUTIONS that are present on both sides of the border, BINGAMAN): or legal issues that create incompatibilities S. 1276. A bill to provide for the establish- The following concurrent resolutions between approaches, making a cooperative ment of a new counterintelligence polygraph and Senate resolutions were read, and binational effort vitally important; and program for the Department of Energy, and referred (or acted upon), as indicated: Whereas, The United States and Mexico for other purposes; to the Committee on have worked in concert in forming NAFTA By Mr. DODD: Armed Services. S. Res. 142. A resolution expressing the and related side agreements that address en- By Mr. DOMENICI (for himself and Mr. vironmental infrastructure issues, creating sense of the Senate that the United States LUGAR): should be an active participant in the United the Border Environment Cooperation Com- S. 1277. A bill to authorize the Secretary of Nations World Conference on Racism, Racial mission and establishing the North Amer- Energy to guarantee loans to facilitate nu- Discrimination, Xenophobia and Related In- ican Development Bank; the success of these clear nonproliferation programs and activi- tolerance; to the Committee on Foreign Re- joint ventures suggests that forming similar ties of the Government of the Russian Fed- lations. international agreements to improve the eration, and for other purposes; to the Com- By Mr. BIDEN (for himself, Mr. CON- public health infrastructure and finding mittee on Foreign Relations. RAD, Mr. GRAHAM, Mr. LEVIN, Mr. ways to address the exchange of technology By Mrs. LINCOLN (for herself, Ms. and information will improve the quality of SANTORUM, Mr. AKAKA, Mr. BREAUX, SNOWE, Mr. DURBIN, Mr. BREAUX, and life for residents of the border region as well Mr. KENNEDY, Mr. COCHRAN, Mr. Ms. LANDRIEU): as reduce the public health risks in the S. 1278. A bill to amend the Internal Rev- DODD, Mr. NELSON of Florida, Mr. spread of disease; and enue Code of 1986 to allow a United States BAUCUS, Mr. BAYH, Mr. BUNNING, Mr. Whereas, Establishing an agreement be- independent film and television production DORGAN, Mrs. FEINSTEIN, Mr. tween the United States and Mexico will wage credit; to the Committee on Finance. DASCHLE, Mr. KERRY , Mr. INOUYE, show a commitment to the issue of public By Mr. BREAUX: Ms. LANDRIEU, Mr. LEAHY, Mr. MIL- health and acknowledge that the spread of S. 1279. A bill to amend the Internal Rev- LER, Mr. MURKOWSKI, Mr. REID, Mr. disease is an international problem without enue Code of 1986 to modify the active busi- SARBANES, Mr. BINGAMAN, Mr. BYRD, boundaries; now, therefore, be it ness definition under section 355; to the Com- Mr. DAYTON, Mr. DURBIN , Mr. KOHL, Resolved, That the 77th Legislature of the mittee on Finance. Mr. LIEBERMAN, Mr. MCCAIN, Mr. State of Texas hereby urge the Congress of By Mr. CLELAND: ROCKEFELLER, Mr. BROWNBACK, Mrs. the United States to initiate the develop- S. 1280. A bill to authorize the Secretary of LINCOLN, Mr. WARNER, Ms. STABENOW, ment of an agreement or treaty with Mexico Veterans Affairs to carry out construction Mr. DOMENICI, Mr. VOINOVICH, Mrs. to address health issues of mutual concern; projects for the purpose of improving, ren- BOXER, Mr. CHAFEE, Mr. DEWINE, Mr. and, be it further ovating, and updating patient care facilities GRASSLEY, Mr. HAGEL, Mr. INHOFE, Resolved, That the Texas secretary of state Ms. SNOWE , Mr. THURMOND, Ms. COL- forward official copies of this resolution to at Department of Veterans Affairs medical LINS, Mr. CARPER, Mr. STEVENS, Mr. the president of the United States, to the centers; to the Committee on Veterans’ Af- ENSIGN, Mr. ROBERTS, Mr. SMITH of speaker of the house of representatives and fairs. By Mr. KENNEDY (for himself and Mr. New Hampshire, and Mr. BOND): the president of the senate of the United S. Res. 143. A resolution expressing the States Congress, and to all the members of FRIST): S. 1281. A bill to amend the Public Health sense of the Senate regarding the develop- the Texas delegation to the congress with Service Act to reauthorize and strengthen ment of educational programs on veterans’ the request that this resolution be officially the health centers program and the National contributions to the country and the des- entered in the Congressional Record as a me- ignation of the week of November 11 through morial to the Congress of the United States Health Service Corps, and to establish the November 17, 2001, as ‘‘National Veterans of America. Healthy Communities Access Program, which will help coordinate services for the Awareness Week’’; to the Committee on the f uninsured and underinsured, and for other Judiciary. INTRODUCTION OF BILLS AND purposes; to the Committee on Health, Edu- By Mr. LOTT (for himself and Mr. JOINT RESOLUTIONS cation, Labor, and Pensions. DASCHLE): By Mr. HATCH: S. Res. 144. A resolution commending The following bills and joint resolu- S. 1282. A bill to amend the Internal Rev- James W. Ziglar for his service to the United tions were introduced, read the first enue Code of 1986 to exclude from gross in- States Senate; considered and agreed to.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8465 By Mr. HELMS (for himself, Mr. BIDEN, (Mr. ALLEN) and the Senator from Utah S. 554 and Mr. LEVIN): (Mr. BENNETT) were added as cospon- At the request of Mrs. MURRAY, the S. Con. Res. 62. A concurrent resolution sors of S. 234, a bill to amend the Inter- name of the Senator from South Da- congratulating Ukraine on the 10th anniver- kota (Mr. DASCHLE) was added as a co- sary of the restoration of its independence nal Revenue Code of 1986 to repeal the and supporting its full integration into the excise tax on telephone and other com- sponsor of S. 554, a bill to amend title Euro-Atlantic community of democracies; to munications services. XVIII of the Social Security Act to ex- the Committee on Foreign Relations. S. 267 pand medicare coverage of certain self- By Mr. DURBIN (for himself, Mr. At the request of Mr. AKAKA, the injected biologicals. FRIST, Mr. ALLEN, and Mr. KENNEDY): name of the Senator from California S. 621 S. Con. Res. 63. A concurrent resolution (Mrs. FEINSTEIN) was added as a co- At the request of Mr. HAGEL, the recognizing the important contributions of name of the Senator from Maryland the Youth For Life: Remembering Walter sponsor of S. 267, a bill to amend the Payton initiative and encouraging participa- Packers and Stockyards Act of 1921, to (Ms. MIKULSKI) was added as a cospon- tion in this nationwide effort to educate make it unlawful for any stockyard sor of S. 621, a bill to authorize the young people about organ and tissue dona- owner, market agency, or dealer to American Friends of the Czech Repub- tion; to the Committee on Health, Edu- transfer or market nonambulatory lic to establish a memorial to honor cation, Labor, and Pensions. livestock, and for other purposes. Tomas G. Masaryk in the District of Columbia. f S. 275 S. 677 ADDITIONAL COSPONSORS At the request of Mr. KYL, the names At the request of Mr. HATCH, the of the Senator from Oregon (Mr. SMITH) S. 28 name of the Senator from New Hamp- and the Senator from Idaho (Mr. CRAIG) At the request of Mr. GRAMM, the shire (Mr. GREGG) was added as a co- name of the Senator from Maine (Ms. were added as cosponsors of S. 275, a bill to amend the Internal Revenue sponsor of S. 677, a bill to amend the SNOWE) was added as a cosponsor of S. Internal Revenue Code of 1986 to repeal 28, a bill to guarantee the right of all Code of 1986 to repeal the Federal estate and gift taxes and the tax on gen- the required use of certain principal re- active duty military personnel, mer- payments on mortgage subsidy bond fi- chant mariners, and their dependents eration-skipping transfers, to preserve a step up in basis of certain property nancing to redeem bonds, to modify the to vote in Federal, State, and local purchase price limitation under mort- elections. acquired from a decedent, and for other purposes. gage subsidy bond rules based on me- S. 38 dian family income, and for other pur- At the request of Mr. INOUYE, the S. 345 poses. At the request of Mr. ALLARD, the name of the Senator from Nevada (Mr. S. 825 name of the Senator from Utah (Mr. ENSIGN) was added as a cosponsor of S. At the request of Mr. REID, the name 38, a bill to amend title 10, United HATCH) was added as a cosponsor of S. of the Senator from Michigan (Ms. 345, a bill to amend the Animal Welfare States Code, to permit former members STABENOW) was added as a cosponsor of of the Armed Forces who have a serv- Act to strike the limitation that per- S. 825, a bill to amend title II of the So- ice-connected disability rated as total mits interstate movement of live birds, cial Security Act to allow workers who to travel on military aircraft in the for the purpose of fighting, to States in attain age 65 after 1981 and before 1992 same manner and to the same extent as which animal fighting is lawful. to choose either lump sum payments retired members of the Armed Forces S. 370 over four years totaling $5,000 or an im- are entitled to travel on such aircraft. At the request of Mr. GRASSLEY, the proved benefit computation formula S. 128 name of the Senator from Illinois (Mr. under a new 10-year rule governing the At the request of Mr. JOHNSON, the DURBIN) was added as a cosponsor of S. transition to the changes in benefit name of the Senator from Utah (Mr. 370, a bill to amend the Internal Rev- computation rules enacted in the So- HATCH) was added as a cosponsor of S. enue Code of 1986 to exempt agricul- cial Security Amendments of 1977, and 128, a bill to amend the Federal Deposit tural bonds from State volume caps. for other purposes. Insurance Act to require periodic cost S. 452 S. 972 of living adjustments to the maximum At the request of Mr. MURKOWSKI, the At the request of Mr. MURKOWSKI, the amount of deposit insurance available name of the Senator from Utah (Mr. name of the Senator from Arizona (Mr. under that Act, and for other purposes. BENNETT) was added as a cosponsor of KYL) was added as a cosponsor of S. 972, S. 145 S. 452, a bill to amend title XVIII of the a bill to amend the Internal Revenue At the request of Mr. THURMOND, the Social Security Act to ensure that the Code of 1986 to improve electric reli- name of the Senator from New Mexico Secretary of Health and Human Serv- ability, enhance transmission infra- (Mr. BINGAMAN) was added as a cospon- ices provides appropriate guidance to structure, and to facilitate access to sor of S. 145, a bill to amend title 10, physicians, providers of services, and the electric transmission grid. United States Code, to increase to par- ambulance providers that are attempt- S. 989 ity with other surviving spouses the ing to properly submit claims under At the request of Mr. FEINGOLD, the basic annuity that is provided under the medicare program to ensure that names of the Senator from Massachu- the uniformed services Survivor Ben- the Secretary does not target inad- setts (Mr. KERRY) and the Senator from efit Plan for surviving spouses who are vertent billing errors. California (Mrs. BOXER) were added as at least 62 years of age, and for other S. 540 cosponsors of S. 989, a bill to prohibit purposes. At the request of Mr. DEWINE, the racial profiling. S. 170 name of the Senator from Missouri S. 1000 At the request of Mr. REID, the name (Mr. BOND) was added as a cosponsor of At the request of Mr. REED, the name of the Senator from Kansas (Mr. S. 540, a bill to amend the Internal of the Senator from South Dakota (Mr. BROWNBACK) was added as a cosponsor Revenue Code of 1986 to allow as a de- DASCHLE) was added as a cosponsor of of S. 170, a bill to amend title 10, duction in determining adjusted gross S. 1000, a bill to amend the Child Care United States Code, to permit retired income the deduction for expenses in and Development Block Grant Act of members of the Armed Forces who connection with services as a member 1990 to provide incentive grants to im- have a service-connected disability to of a reserve component of the Armed prove the quality of child care. receive both military retired pay by Forces of the United States, to allow S. 1074 reason of their years of military serv- employers a credit against income tax At the request of Mr. SCHUMER, the ice and disability compensation from with respect to employees who partici- names of the Senator from Maine (Ms. the Department of Veterans Affairs for pate in the military reserve compo- COLLINS) and the Senator from Min- their disability. nents, and to allow a comparable credit nesota (Mr. DAYTON) were added as co- S. 234 for participating reserve component sponsors of S. 1074, a bill to establish a At the request of Mr. GRASSLEY, the self-employed individuals, and for commission to review the Federal Bu- names of the Senator from Virginia other purposes. reau of Investigation.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8466 CONGRESSIONAL RECORD — SENATE July 31, 2001 S. 1104 (Mr. BIDEN) was added as a cosponsor of Death March were joined by hundreds At the request of Mr. GRAHAM, the S. Con. Res. 3, a concurrent resolution of other American POWs, POWs who names of the Senator from Mississippi expressing the sense of Congress that a had been captured by the Japanese in (Mr. LOTT) and the Senator from Illi- commemorative postage stamp should actions throughout the Pacific theater nois (Mr. FITZGERALD) were added as be issued in honor of the U.S.S. Wis- of war, at Corregidor, at Guam, at cosponsors of S. 1104, a bill to establish consin and all those who served aboard Wake Islands, and at countless other objectives for negotiating, and proce- her. battlegrounds. dures for, implementing certain trade S. CON. RES. 4 After arriving in Japan, many of the agreements. At the request of Mr. NICKLES, the American POWs were forced into slave S. 1111 name of the Senator from Missouri labor for private Japanese steel mills At the request of Mr. CRAIG, the (Mrs. CARNAHAN) was added as a co- and other private companies until the name of the Senator from Michigan sponsor of S. Con. Res. 4, a concurrent end of the war. During their intern- (Ms. STABENOW) was added as a cospon- resolution expressing the sense of Con- ment, the American POWs were sub- sor of S. 1111, a bill to amend the Con- gress regarding housing affordability jected to torture, and to the with- solidated Farm and Rural Development and ensuring a competitive North holding of food and medical treatment, Act to authorize the National Rural American market for softwood lumber. in violation of international conven- Development Partnership, and for tions relating to the protection of pris- S. CON. RES. 31 other purposes. oners of war. At the request of Mr. THOMPSON, the S. 1119 More than 50 years have passed since name of the Senator from Tennessee At the request of Mr. LEAHY, the the atrocities occurred, yet our vet- name of the Senator from Georgia (Mr. (Mr. FRIST) was added as a cosponsor of erans are still waiting for account- S. Con. Res. 31, concurrent resolution MILLER) was added as a cosponsor of S. ability and justice. Unfortunately, 1119, a bill to require the Secretary of commending Clear Channel Commu- global political and security needs of Defense to carry out a study of the ex- nications and the American Football the time often overshadowed their le- tent to the coverage of members of the Coaches Association for their dedica- gitimate claims for justice, and these Selected Reserve of the Ready Reserve tion and efforts for protecting children former POWs were once again asked to of the Armed Forces under health bene- by providing a vital means for locating sacrifice for their country. Following fits plans and to submit a report on the the Nation’s missing, kidnapped, and the end of the war, for example, our study of Congress, and for other pur- runaway children. government instructed many of the poses. S. CON. RES. 59 POWs held by Japan not to discuss S. 1209 At the request of Mr. HUTCHINSON, their experiences and treatment. Some At the request of Mr. BINGAMAN, the the names of the Senator from Oregon were even asked to sign non-disclosure names of the Senator from Illinois (Mr. (Mr. WYDEN) and the Senator from agreements. Consequently, many DURBIN) and the Senator from New Oklahoma (Mr. INHOFE) were added as Americans remain unaware of the York (Mr. SCHUMER) were added as co- cosponsors of S. Con. Res. 59, a concur- atrocities that took place and the suf- sponsors of S. 1209, a bill to amend the rent resolution expressing the sense of fering our POWs endured. Trade Act of 1974 to consolidate and Congress that there should be estab- Finally, after more than 50 years, a improve the trade adjustment assist- lished a National Community Health new effort is underway to seek com- ance programs, to provide community- Center Week to raise awareness of pensation for the POWs from the pri- based economic development assist- health services provided by commu- vate Japanese companies which prof- ance for trade-affected communities, nity, migrant, public housing, and ited from their labor. and for other purposes. homeless health centers. Let me say at the outset, that this is S. 1226 f not a dispute with the Japanese people At the request of Mr. CAMPBELL, the and these are not claims against the STATEMENTS ON INTRODUCED names of the Senator from North Caro- Japanese government. Rather, these BILLS AND JOINT RESOLUTIONS lina (Mr. HELMS), the Senator from are private claims against the private Kentucky (Mr. BUNNING), and the Sen- By Mr. HATCH (for himself and Japanese companies that profited from ator from Arkansas (Mr. HUTCHINSON) Mrs. FEINSTEIN): the slave labor of our American sol- were added as cosponsors of S. 1226, a S. 1272. A bill to assist United States diers who they held as prisoners. These bill to require the display of the POW/ veterans who were treated as slave la- are the same types of claims raised by MIA flag at the World War II memo- borers while held as prisoners of war by survivors of the Holocaust against the rial, the Korean War Veterans Memo- Japan during World War II, and for private German corporations who rial, and the Vietnam Veterans Memo- other purposes; to the Committee on forced them into labor. rial. Veterans’ Affairs. Here in the Senate, we have been S. 1265 Mr. HATCH. Mr. President, I rise doing what we can to help these former At the request of Mr. DURBIN, the today with my co-sponsor, Senator prisoners of war. In June of last year, names of the Senator from California FEINSTEIN, to introduce legislation the Senate Judiciary Committee held a (Mrs. BOXER) and the Senator from that will help a very special cadre of hearing on the claims being made by Florida (Mr. GRAHAM) were added as Americans, a group of Americans that, the former American POWs against the cosponsors of S. 1265, a bill to amend over 50 years ago, paid a very dear private Japanese companies, to deter- the Immigration and Nationality Act price on behalf of our country. The in- mine whether the executive branch had to require the Attorney General to can- credible sacrifice made by these Ameri- been doing everything in its power to cel the removal and adjust the status cans has never properly been acknowl- secure justice for these valiant men. of certain aliens who were brought to edged, and it is high time that they re- In the fall of last year, with the in- the United States as children. ceive some measure of compensation valuable assistance of Senator FEIN- S. RES. 109 for that sacrifice. STEIN, we were able to pass legislation At the request of Mr. REID, the name On April 9, 1942, Allied forces in the declassifying thousands of Japanese of the Senator from California (Mrs. Philippines surrendered the Bataan Pe- Imperial Army records held by the U.S. FEINSTEIN) was added as a cosponsor of ninsula to the Japanese. Ten to twelve government, to assist the POW’s in the S. Res. 109, a resolution designating thousand American soldiers were pursuit of their claims. the second Sunday in the month of De- forced to march some 60 miles in We can do even more. Recently, the cember as ‘‘National Children’s Memo- broiling heat in a deadly trek known as State of California passed legislation rial Day’’ and the last Friday in the the Bataan Death March. Following a extending the statute of limitations, month of April as ‘‘Children’s Memo- lengthy internment under horrific con- under state law, to allow the POWs to rial Flag Day.’’ ditions, thousands of POWs were bring monetary claims against the Jap- S. CON. RES. 3 shipped to Japan in the holds of anese corporations that unlawfully em- At the request of Mr. FEINGOLD, the freighters known as ‘‘Hell Ships.’’ Once ployed them. Other States are contem- name of the Senator from Delaware in Japan, the survivors of the Bataan plating such legislation.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8467 The bill we are introducing today American POWs, including those who health services outreach, rural health makes clear that any claims brought in had been forced through the Bataan network planning and implementation, state court, and subsequently removed Death March, were starved and denied and small health care provider quality to Federal court, will still have the adequate medical care and were forced improvement grant programs, and benefit of the extended statute of limi- to perform slave labor for private Japa- telehomecare demonstration projects; tations enacted by the state legisla- nese companies. American POWs toiled to the Committee on Health, Edu- tures. in mines, factories, shipyards, and steel cation, Labor, and Pensions. The legislators in California, and mills. Many POWs worked virtually Mr. HARKIN. Mr. President, I have other States, have recognized the fair- every day for 10 hours or more, often introduced the ‘‘Improving Health Care ness of the allowing these claims to under extremely dangerous working in Rural America Act’’ that continues proceed for a decision on the merits. In conditions. They were starved and de- a rural health outreach program that I light of the tangled history of this nied adequate medical care. Even worked to establish as a part of the fis- issue, including the role played by the today, many survivors still suffer from cal year 1991 Labor, Health and Human U.S. government in discouraging these health problems directly tied to their Services appropriations bill. We began valiant men from pursuing their just slave labor. this innovative program to dem- claims, it is simply unfair to deny It is critical that we do not forget onstrate the effectiveness of outreach these men their day in court because the heroism and sacrifice of the POWs, programs to populations in rural areas their claims have supposedly grown and that the United States government that have trouble obtaining health and stale. does not stand in the way of their pur- mental health services. Too often, These claims are not stale in their suit of recognition and compensation. these people are not able to obtain ability to inspire admiration for the They have never received an apology or health care until they are acutely ill men who survived this ordeal. These payment from the companies that and need extensive and expensive hos- claims are not stale in their ability to enslaved them, many of which are still pital care. inspire indignation against the cor- in existence today. Indeed, rural Americans are at triple porations who flouted international The bill that Senator HATCH and I jeopardy, they are more often poor, standards of decency. have introduced today does not preju- more often uninsured, and more often The statute of limitations should not dice the outcome of the lawsuits which without access to health care. Rural be permitted to cut off these claims be- are pending one way or another. The America is home to a disproportion- fore they can be heard on the merits. legislation we have introduced today ately large segment of older citizens Today’s bill does nothing more than simply holds that the lawsuits filed in who more often require long-term care ensure that these valiant men receive California, or any which may still be for their illnesses and disabilities. And their fair day in court. filed under the California statute of rural America is not immune from the I hope my fellow Senators will join limitations, should be allowed to go social stresses of modern society. This with me, and with Senator FEINSTEIN, forward so that this issue can be set- is manifest by escalating needs for on this important legislation. These tled definitively, without impeding the mental health services to deal with heroes of World War II have waited too right of the POWs to pursue justice. necessary alcohol- and drug-related long for a just resolution of their One of my most important goals in treatment, and by the significantly claims. the Senate has been to see the develop- higher rate of suicide in rural areas. Mrs. FEINSTEIN. Mr. President, I ment of a Pacific Rim community that Yet, rural Americans are increasingly rise alongside my colleague from Utah, is peaceful and stable. And I am becoming commuters for their health Senator HATCH, to introduce the ‘‘POW pleased that the Government of Japan care. Rural Americans deserve to be Assistance Act of 2001’’. today is a close ally and good friend of treated equitably and the legislation This legislation makes an important the United States, and a responsible that I rise to describe today helps bring statement in support of the many member of the international commu- high quality health care to rural com- members of the U.S. Armed Forces who nity. munities to meet their specific needs. were used as slave labor by Japanese And I want to clarify that this legis- companies during the Second World This grant program has proven itself lation is not directed at the people or highly successful because it responds War or subject to chemical and biologi- government of Japan. The POWs and cal warfare experiments in Japanese to local community needs and is di- veterans are only seeking justice from rected by the people in the community. POW camps. the private companies that enslaved The core of this bill is a clarification These innovative grants bring needed them, and this legislation has been de- primary and preventive care to those that in any pending lawsuit brought by signed in the interest of allowing these former POWs against Japanese cor- people who have few other options. claims to move forward. These grants also help link health and porations, or any lawsuits which might But I also believe that if Japan is to be filed in the future, the Federal court social services, thereby reaching the play a greater role in the international people that most need these services. shall apply the applicable statute of community it is important for Japan, This program has received over- limitations of the State in which the the United States, and other countries whelmingly positive response from all action was brought. in the Asia-Pacific region to be able to fifty States because it has had a tre- This legislation is important because reconcile interpretations of memory mendous impact on improving coordi- a recently enacted California law en- and history, especially of the Second nation between health care providers ables victims of WWII slave labor to World War. If, as Gerrit Gong has writ- and expanding access to needed health seek damages up to the year 2010 ten, Japan aspires to be a normal coun- care. against responsible Japanese compa- try, this question of ‘‘remembering and nies, just as any citizen can sue a pri- forgetting’’ is critical if Japan hopes to In Iowa, the Ida County Community vate company. Seventeen lawsuits have forge an environment in which its Hospital receives funds to improve the been filed on behalf of former POWs neighbors ‘‘do not object to that coun- quality of life for older people who are who survived forced labor, beatings, try’s engaging in a full range of inter- chronically ill by making home visits, and starvation at the hands of Japa- national activities and capabilities.’’ providing pain management, and nese companies. By asking Federal The goal of this legislation is to re- telmonitoring, and other needed serv- judges to look to the State statute of move this outstanding issue in U.S.- ices. limitation, this legislation sends a Japan relations, and to try to heal In Maquoketa, IA, every school-age clear message to the courts that we be- wounds that still remain. I hope that child is being given timely, high qual- lieve that suits with merit should not the Senate will see fit to support this ity care because the local school dis- be precluded. bill. trict used their grant to team up with Today, too many Americans and Jap- almost every health care provider in anese do not know that American By Mr. HARKIN: the county to provide services. POWs performed forced labor for Japa- S. 1273. A bill to amend the Public In Mason City, IA, the North Iowa nese companies during the war. Health Service Act to provide for rural Mercy Health Center is collaborating

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8468 CONGRESSIONAL RECORD — SENATE July 31, 2001 with the Easter Seals Society of North- ‘‘(3) HEALTH PROFESSIONAL SHORTAGE populations in the local community or re- ern Iowa, Rockwell Community Nurs- AREA.—The term ‘health professional short- gion to be served; ing, and the Pony Express Riders of age area’ means a health professional short- ‘‘(C) a description of how the local commu- Iowa to make sure seniors have access age area designated under section 332. nity or region to be served will be involved ‘‘(4) HEALTH SERVICES.—The term ‘health in the development and ongoing operations to physician, therapy, and dental serv- services’ includes mental and behavioral of the project; ices. This program also recycles and re- health services and substance abuse services. ‘‘(D) a plan for sustainability of the project pairs assistive technology equipment ‘‘(5) MEDICALLY UNDERSERVED AREA.—The after Federal support for the project has to help seniors that are unable to af- term ‘medically underserved area’ has the ended; and ford new equipment. meaning given the term in section 799B. ‘‘(E) a description of how the project will The ‘‘Improving Health Care in Rural ‘‘(6) MEDICALLY UNDERSERVED POPU- be evaluated. America Act’’ also establishes a LATION.—The term ‘medically underserved ‘‘(f) RURAL HEALTH NETWORK DEVELOPMENT telehomecare demonstration program population’ has the meaning given the term GRANTS.— in section 330(b)(3). for five separate projects to allow ‘‘(1) GRANTS.— ‘‘(c) PROGRAM.—The Secretary shall estab- home health care professionals to pro- ‘‘(A) IN GENERAL.—The Director may award lish, under section 301, a small health care rural health network development grants to vide some services through telehealth provider quality improvement grant pro- eligible entities to promote, through plan- technologies. This program will allow gram. ning and implementation, the development rural residents to have better access to ‘‘(d) ADMINISTRATION.— of integrated health care networks that have daily health care services and will re- ‘‘(1) PROGRAMS.—The rural health services integrated the functions of the entities par- duce health care costs. This program is outreach, rural health network development, ticipating in the networks in order to— designed to improve patient access to and small health care provider quality im- ‘‘(i) achieve efficiencies; care, quality of care, patient satisfac- provement grant programs established under ‘‘(ii) expand access to, coordinate, and im- tion with care while reducing the costs section 301 shall be administered by the Di- prove the quality of essential health serv- rector of the Office of Rural Health Policy of ices; and of providing care. Nurses and other the Health Resources and Services Adminis- ‘‘(iii) strengthen the rural health care sys- health care professionals will be tration, in consultation with State offices of tem as a whole. trained in how to use this advanced rural health or other appropriate State gov- ‘‘(B) GRANT PERIODS.—The Director may technology to provide better, more ef- ernment entities. award such a rural health network develop- fective care. This programs applies the ‘‘(2) GRANTS.— ment grant for implementation activities for highly effective telehealth technology ‘‘(A) IN GENERAL.—In carrying out the pro- a period of 3 years. The Director may also to an area of health care that will ben- grams described in paragraph (1), the Direc- award such a rural health network develop- efit greatly. tor may award grants under subsections (e), ment grant for planning activities for a pe- (f), and (g) to expand access to, coordinate, As ranking member and as chairman riod of 1 year, to assist in the development of and improve the quality of essential health an integrated health care networks, if the of the Labor-HHS Appropriations Sub- services, and enhance the delivery of health proposed participants in the network have a committee, I have been pleased to be care, in rural areas. history of collaborative efforts and a 3-year able to provide funding for this pro- ‘‘(B) TYPES OF GRANTS.—The Director may implementation grant would be inappro- gram during the previous decade. This award the grants— priate. bill will extend this highly successful ‘‘(i) to promote expanded delivery of health ‘‘(2) ELIGIBILITY.—To be eligible to receive program for 5 more years and I look services in rural areas under subsection (e); a grant under this subsection, an entity— forward to provide its funding. Pro- ‘‘(ii) to provide for the planning and imple- ‘‘(A) shall be a rural public or nonprofit mentation of integrated health care net- grams that work this well deserve the private entity; works in rural areas under subsection (f); ‘‘(B) shall represent a network composed of support of Congress. and members— I urge my colleagues to join me in ‘‘(iii) to provide for the planning and im- ‘‘(i) that include 3 or more health care pro- supporting this important legislation plementation of small health care provider viders or providers of services; and and ask unanimous consent that the quality improvement activities under sub- ‘‘(ii) that may be nonprofit or for-profit en- text of the bill be printed in the section (g). tities; and RECORD. ‘‘(e) RURAL HEALTH SERVICES OUTREACH ‘‘(C) shall not previously have received a There being no objection, the mate- GRANTS.— grant (other than a 1-year grant for planning rial was ordered to be printed in the ‘‘(1) GRANTS.—The Director may award activities) under this subsection or section grants to eligible entities to promote rural 330A for the project. RECORD, as follows: health services outreach by expanding the ‘‘(3) APPLICATIONS.—To be eligible to re- S. 1273 delivery of health services to include new ceive a grant under this subsection, an eligi- Be it enacted by the Senate and House of Rep- and enhanced services in rural areas. The Di- ble entity, in consultation with the appro- resentatives of the United States of America in rector may award the grants for periods of priate State office of rural health or another Congress assembled, not more than 3 years. appropriate State entity, shall prepare and SECTION 1. SHORT TITLE. ‘‘(2) ELIGIBILITY.—To be eligible to receive submit to the Secretary an application, at This Act may be cited as the ‘‘Improving a grant under this subsection for a project, such time, in such manner, and containing Health Care in Rural America Act’’. an entity— such information as the Secretary may re- SEC. 2. GRANT PROGRAMS. ‘‘(A) shall be a rural public or nonprofit quire, including— Section 330A of the Public Health Service private entity; ‘‘(A) a description of the project that the Act (42 U.S.C. 254c) is amended to read as fol- ‘‘(B) shall represent a consortium com- applicant will carry out using the funds pro- lows: posed of members— vided under the grant; ‘‘(i) that include 3 or more health care pro- ‘‘(B) an explanation of the reasons why ‘‘SEC. 330A. RURAL HEALTH SERVICES OUT- REACH, RURAL HEALTH NETWORK viders or providers of services; and Federal assistance is required to carry out DEVELOPMENT, AND SMALL HEALTH ‘‘(ii) that may be nonprofit or for-profit en- the project; CARE PROVIDER QUALITY IMPROVE- tities; and ‘‘(C) a description of— MENT GRANT PROGRAMS. ‘‘(C) shall not previously have received a ‘‘(i) the history of collaborative activities ‘‘(a) PURPOSE.—The purpose of this section grant under this subsection or section 330A carried out by the participants in the net- is to provide grants for expanded delivery of for the project. work; health services in rural areas, for the plan- ‘‘(3) APPLICATIONS.—To be eligible to re- ‘‘(ii) the degree to which the participants ning and implementation of integrated ceive a grant under this subsection, an eligi- are ready to integrate their functions; and health care networks in rural areas, and for ble entity, in consultation with the appro- ‘‘(iii) how the local community or region the planning and implementation of small priate State office of rural health or another to be served will benefit from and be in- health care provider quality improvement appropriate State entity, shall prepare and volved in the activities carried out by the activities. submit to the Secretary an application, at network; ‘‘(b) DEFINITIONS.— such time, in such manner, and containing ‘‘(D) a description of how the local commu- ‘‘(1) DIRECTOR.—The term ‘Director’ means such information as the Secretary may re- nity or region to be served will experience the Director specified in subsection (d). quire, including— increased access to quality health services ‘‘(2) FEDERALLY QUALIFIED HEALTH CENTER; ‘‘(A) a description of the project that the across the continuum of care as a result of RURAL HEALTH CLINIC.—The terms ‘Federally applicant will carry out using the funds pro- the integration activities carried out by the qualified health center’ and ‘rural health vided under the grant; network; clinic’ have the meanings given the terms in ‘‘(B) a description of the manner in which ‘‘(E) a plan for sustainability of the project section 1861(aa) of the Social Security Act the project funded under the grant will meet after Federal support for the project has (42 U.S.C. 1395x(aa)). the health care needs of rural underserved ended; and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8469 ‘‘(F) a description of how the project will ‘‘(2) TELEHOMECARE.—The term By Mr. KENNEDY (for himself, be evaluated. ‘telehomecare’ means the provision of health Mr. FRIST Mr. DODD, Mr. ‘‘(g) SMALL HEALTH CARE PROVIDER QUAL- services through technology relating to the HUTCHINSON, Mr. JEFFORDS, Ms. ITY IMPROVEMENT GRANTS.— use of electronic information, or through COLLINS, Mr. BINGAMAN, Mr. ‘‘(1) GRANTS.—The Director may award telemedicine or telecommunication tech- grants to provide for the planning and imple- nology, to support and promote, at a distant EDWARDS, Mrs. MURRAY, and mentation of small health care provider site, the monitoring and management of Mr. SESSIONS): quality improvement activities. The Direc- home health services for a resident of a rural S. 1274. A bill to amend the Public tor may award the grants for periods of 1 to area. Health Service Act to provide pro- 3 years. ‘‘(b) ESTABLISHMENT.—Not later than 9 grams for the prevention, treatment, ‘‘(2) ELIGIBILITY.—In order to be eligible for months after the date of enactment of the and rehabilitation of stroke; to the a grant under this subsection, an entity— Health Care Safety Net Amendments of 2001, Committee on Health, Education, ‘‘(A) shall be a rural public or nonprofit the Secretary may establish and carry out a Labor, and Pensions. private health care provider, such as a crit- telehomecare demonstration project. ical access hospital or a rural health clinic; ‘‘(c) GRANTS.—In carrying out the dem- By Mr. FRIST (for himself, Mr. ‘‘(B) shall be another rural provider or net- onstration project referred to in subsection KENNEDY, Mr. JEFFORDS, Mr. work of small rural providers identified by (b), the Secretary shall make not more than the Secretary as a key source of local care; 5 grants to eligible certified home care pro- HUTCHINSON, Mr. DODD, Ms. or viders, individually or as part of a network COLLINS, Mr. BINGAMAN, Mr. ‘‘(C) shall not previously have received a of home health agencies, for the provision of FEINGOLD, Mrs. MURRAY, Mr. grant under this subsection for the project. telehomecare to improve patient care, pre- EDWARDS, and Mr. CORZINE): ‘‘(3) APPLICATIONS.—To be eligible to re- vent health care complications, improve pa- S. 1275. A bill to amend the Public ceive a grant under this subsection, an eligi- tient outcomes, and achieve efficiencies in Health Service Act to provide grants ble entity, in consultation with the appro- the delivery of care to patients who reside in for public access defibrillation propriate State office of rural health or another rural areas. appropriate State entity, shall prepare and grams and public access defibrillation ‘‘(d) PERIODS.—The Secretary shall make demonstration projects, and for other submit to the Secretary an application, at the grants for periods of not more than 3 such time, in such manner, and containing years. purposes; to the Committee on Health, such information as the Secretary may re- ‘‘(e) APPLICATIONS.—To be eligible to re- Education, Labor, and Pensions. quire, including— ceive a grant under this section, a certified Mr. FRIST. Mr. President, I rise ‘‘(A) a description of the project that the home care provider shall submit an applica- today with Senator KENNEDY to intro- applicant will carry out using the funds pro- tion to the Secretary at such time, in such duce two pieces of legislation, the vided under the grant; manner, and containing such information as STOP Stroke Act and the Community ‘‘(B) an explanation of the reasons why the Secretary may require. Federal assistance is required to carry out Access to Emergency Defibrillation ‘‘(f) USE OF FUNDS.—A provider that re- Act. These bills represent our next step the project; ceives a grant under this section shall use ‘‘(C) a description of the manner in which the funds made available through the grant in the battle against cardiac arrest and the project funded under the grant will as- to carry out objectives that include— stroke and are critical to increasing sure continuous quality improvement in the ‘‘(1) improving access to care for home care access to timely, quality health care. provision of services by the entity; patients served by home health care agen- The first bill we are introducing ‘‘(D) a description of how the local commu- cies, improving the quality of that care, in- today focuses attention on stroke, the nity or region to be served will experience creasing patient satisfaction with that care, third leading cause of death and the increased access to quality health services and reducing the cost of that care through leading cause of serious, long-term dis- across the continuum of care as a result of direct telecommunications links that con- the activities carried out by the entity; ability in the United States, through nect the provider with information net- the implementation of a prevention ‘‘(E) a plan for sustainability of the project works; after Federal support for the project has ‘‘(2) developing effective care management and education campaign, the develop- ended; and practices and educational curricula to train ment of the Paul Coverdell Stroke Reg- ‘‘(F) a description of how the project will home care registered nurses and increase istry and Clearinghouse, and the provi- be evaluated. their general level of competency through sion of grants for statewide stroke care ‘‘(4) PREFERENCE.—In awarding grants that training; and systems and for medical professional under this subsection, the Secretary shall ‘‘(3) developing curricula to train health development. The untimely death of give preference to entities that— care professionals, particularly registered ‘‘(A) are located in health professional Senator Paul Coverdell points to the nurses, serving home care agencies in the use need to provide more comprehensive shortage areas or medically underserved of telecommunications. stroke care and to learn more about areas, or serve medically underserved popu- ‘‘(g) COVERAGE.—Nothing in this section lations; or shall be construed to supercede or modify providing better quality care to the ‘‘(B) propose to develop projects with a the provisions relating to exclusion of cov- more than 700,000 Americans who expe- focus on primary care, and wellness and pre- erage under section 1862(a) of the Social Se- rience a stroke each year. Our first vention strategies. curity Act (42 U.S.C 1395y(a)), or the provi- step in doing so is the introduction of ‘‘(h) COORDINATION WITH OTHER AGEN- sions relating to the amount payable to a CIES.—The Secretary shall coordinate activi- the Stroke Treatment and Ongoing home health agency under section 1895 of ties carried out under grant programs de- Prevention Act (STOP Stroke Act). that Act (42 U.S.C. 1395fff). scribed in this section, to the extent prac- One of the most significant factors ‘‘(h) REPORT.— ticable, with Federal and State agencies and that affects stroke survival rates is the nonprofit organizations that are operating ‘‘(1) INTERIM REPORT.—The Secretary shall submit to Congress an interim report de- speed with which one obtains access to similar grant programs, to maximize the ef- health care services. About 47 percent fect of public dollars in funding meritorious scribing the results of the demonstration proposals. project. of stroke deaths occur out of the hos- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) FINAL REPORT.—Not later than 6 pital. Many patients do not recognize There are authorized to be appropriated to months after the end of the last grant period the signs of a stroke and attribute the carry out this section such sums as may be for a grant made under this section, the Sec- common symptoms, such as dizziness, necessary for each of fiscal years 2002 retary shall submit to Congress a final re- loss of balance, confusion, severe head- through 2006.’’. port— ache or numbness, to other less severe ‘‘(A) describing the results of the dem- SEC. 3. CONSOLIDATION AND REAUTHORIZATION ailments. To increase awareness of this OF PROVISIONS. onstration project; and Subpart I of part D of title III of the Public ‘‘(B) including an evaluation of the impact public health problem, the Secretary of Health Service Act (42 U.S.C. 254b et seq) is of the use of telehomecare, including tele- Health and Human Services will imple- amended by adding at the end the following: medicine and telecommunications, on— ment a national, multimedia campaign ‘‘SEC. 330I. TELEHOMECARE DEMONSTRATION ‘‘(i) access to care for home care patients; to promote stroke prevention and en- PROJECT. and courage those with the symptoms of ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) the quality of, patient satisfaction stroke to seek immediate treatment. ‘‘(1) DISTANT SITE.—The term ‘distant site’ with, and the cost of, that care. This crucial legislation also provides means a site at which a certified home care ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— provider is located at the time at which a There are authorized to be appropriated to for special programs to target high risk health service (including a health care item) carry out this section such sums as may be populations. For the professional com- is provided through a telecommunications necessary for each of fiscal years 2002 munity, continuing education grants system. through 2006.’’. are included to train physicians in

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8470 CONGRESSIONAL RECORD — SENATE July 31, 2001 newly-developed diagnostic ap- In the 105th Congress, I authored the stroke patients now receive such medi- proaches, technologies, and therapies Aviation Medical Assistance Act. This cation. If this lifesaving medication for prevention and treatment of stroke. bill directed the Federal Aviation Ad- were delivered promptly to all stroke With a more informed public and up-to- ministration to decide whether to re- patients, as many as 90,000 Americans date physicians, our ability to combat quire AEDs on aircraft and in airports. could be spared the disabling aftermath the devastating effects of a stroke will As a result of this law, many airlines of stroke. be enhanced. now carry AEDs on board, and some Even in hospitals, stroke patients The Paul Coverdell National Acute airports have placed AEDs in their ter- often do not receive the care that could Stroke Registry and Clearinghouse, au- minals. At Chicago O’Hare, just four save their lives. Treatment of patients thorized in the STOP Stroke Act, es- months after AEDs were placed in that by specially trained health care pro- tablish mechanisms for the collection, airport, four victims were resuscitated viders increases survival and reduces analysis, and dissemination of valuable using the publicly available AEDs. disability due to stroke, but a neurolo- information about best practices relat- In the last Congress, we passed two gist is the attending physician for only ing to stroke care and the development important bills expanding the avail- about one in ten stroke patients. To of stroke care systems. In order to fa- ability of AEDs: the Cardiac Arrest save lives, reduce disabilities and im- cilitate the process of implementing Survival Act and the Rural Access to prove the quality of stroke care, the statewide stroke prevention, treat- Emergency Devices Act. Respectively, Stroke Treatment and Ongoing Preven- ment, and rehabilitation systems that these bills address the placement of tion, STOP Stroke, Act authorizes im- reflect the research gathered by the automated external defibrillators, portant public health initiatives to Registry and Clearinghouse, grants AEDs, in Federal buildings and provide help patients with symptoms of stroke will be made available to States that liability protection to persons or orga- receive timely and effective care. will ensure that stroke patients have nizations who use AEDs, as well as The Act establishes a grant program access to quality care. grants to community partnerships to for States to implement systems of These legislative efforts have already enable them to purchase AEDs. The stroke care that will give health pro- proved successful. Lives are being bills also provide defibrillator and fessionals the equipment and training saved. We can do more. basic life support training. they need to treat this disorder. The Therefore, we are moving today to I am pleased to introduce these im- initial point of contact between a expand on these successes by intro- portant pieces of legislation and I look stroke patient and medical care is usu- ducing the Community Access to forward to their ultimate enactment ally an emergency medical technician. Emergency Defibrillation Act. This im- into law. I want to thank my col- Grants authorized by the Act may be portant legislation will provide $50 mil- league, Senator KENNEDY, for his work used to train emergency medical per- lion for communities to establish pub- on these life saving proposals. sonnel to provide more effective care lic access defibrillation programs that Mr. KENNEDY. Mr. President, it is a to stroke patients in the crucial first will train emergency medical per- privilege to join my colleague, Senator few moments after an attack. sonnel, purchase AEDs for placement FRIST, to introduce the Stroke Treat- The Act provides important new rein public areas, ensure proper mainte- ment and Ongoing Prevention Act. sources for States to improve the nance of defibrillators, and evaluate Stroke is a cruel affliction that takes standard of care given to stroke pa- the effectiveness of the program. the lives and blights the health of mil- tients in hospitals. The legislation will Each year, over 250,000 Americans lions of Americans. Senator FRIST and assist States in increasing the quality suffer sudden cardiac arrest. Sudden I have worked closely on legislation to of stroke care available in rural hos- cardiac arrest is a common cause of establish new initiatives to reduce the pitals through improvements in tele- death during which the heart suddenly grim toll taken by stroke, and I com- medicine. stops functioning. Most frequently, mend him for his leadership. We are The Act directs the Secretary of cardiac arrest occurs when the elec- joined in proposing this important leg- Health and Human Services to conduct trical impulses that regulate the heart islation by our colleagues on the a national media campaign to inform become rapid, ventricular tachycardia, Health Committee, Senators DODD, the public about the symptoms of or chaotic, ventricular fibrillation, HUTCHINSON, JEFFORDS, COLLINS, stroke, so that patients receive prompt causing the heart to stop beating alto- BINGAMAN, EDWARDS, and MURRAY. The medical care. The bill also creates the gether. As a result, the individual col- STOP Stroke Act is also supported by Paul Coverdell Stroke Registry and lapses, stops breathing and has no a broad coalition of organizations rep- Clearinghouse, which will collect data pulse. Often, the heart can be shocked resenting patients and the health care about the care of stroke patients and back into a normal rhythm with the community. assist in the development of more ef- aid of a defibrillator. This is exactly Stroke is a national tragedy that fective treatments. what happened when I resuscitated a leaves no American community Finally, the STOP Stroke Act estab- patient using cardiopulmonary resus- unscarred. lishes continuing education programs citation, CPR, and electrical Stroke is the third leading cause of for medical professionals in the use of cardioversion in the Dirksen Senate Of- death in the United States. Every new techniques for the prevention and fice Building in 1995. minute of every day, somewhere in treatment of stroke. When a person goes into cardiac ar- America, a person suffers a stroke. These important new initiatives can rest, time is of the essence. Without Every three minutes, a person dies make a difference in the lives of the defibrillation, his or her chances of sur- from one. Strokes take the lives of thousands of American who suffer a vival decrease by about 10 percent with nearly 160,000 Americans each year. stroke every year. For patients experi- every minute that passes. Thus, having Even for those who survive an attack, encing a stroke, even a few minutes’ an automated external defibrillator, stroke can have devastating con- delay in receiving treatment can make AED, accessible is not only important, sequences. Over half of all stroke sur- the difference between healthy survival but also could save lives. AEDs are vivors are left with a disability. and disability or death. The Act will portable, lightweight, easy to use, and Since few Americans recognize the help make certain that those precious are becoming an essential part of ad- symptoms of stroke, crucial hours are minutes are not wasted. ministering first aid to victims of sud- often lost before patients receive med- Increased public information on the den cardiac arrest. ical care. The average time between symptoms of stroke will help stroke We have seen that in places where the onset of symptoms and medical patients and their families know to AEDs are readily available, survival treatment is a shocking 13 hours. seek medical care promptly. Better rates can increase by 20–30 percent. In Emergency medical technicians are training of emergency medical per- some settings, survival rates have even often not taught how to recognize and sonnel will help ensure that stroke pa- reached 70 percent. Therefore, Congress manage the symptoms of stroke. Rapid tients receive lifesaving medications has taken several important steps to administration of clot-dissolving drugs when they are most effective. Improved increase access to AEDs over the past can dramatically improve the outcome systems of stroke care will help pa- two Congresses. of stroke, yet fewer than 3 percent of tients receive the quality treatment

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8471 needed to save lives and reduce disseminating this research to increase its ef- 40 percent of these patients feel they can ability. fectiveness in improving stroke care. no longer visit people; almost 70 percent re- This legislation can make a real dif- Grants for statewide stroke care systems port that they cannot read; 50 percent need ference to every community in Amer- The Secretary will award grants to States day-hospital services; 40 percent need home help; 40 percent have a visiting nurse; and 14 ica, and I urge my colleagues to join to develop and implement statewide stroke prevention, treatment, and rehabilitation percent need Meals on Wheels. Senator FRIST and myself in sup- 22 percent of men and 25 percent of women systems. These systems must ensure that porting the STOP Stroke Act. who have an initial stroke die within one stroke patients in the State have access to year. I ask unanimous consent that addi- quality care. The Secretary is also author- tional material and letters of support ized to award planning grants to States to The staggering costs of stroke relating to this bill be printed in the assist them in developing statewide stroke Stroke costs the U.S. $30 billion each year. RECORD. care systems. Each State that receives a The average cost per patient for the first 90 There being no objection, the mate- grant will: implement curricula for training days following a stroke is $15,000. rial was ordered to be printed in the emergency medical services personnel to The lifetime costs of stroke exceed $90,000 per patient for ischemic stroke and over RECORD, as follows: provide pre-hospital care to stroke patients; curricula may be modeled after a curriculum $225,000 per patient for subarachnoid hemor- THE STROKE TREATMENT AND ONGOING developed by the Secretary; have the option rhage. PREVENTION ACT OF 2001 of identifying acute stroke centers, com- Improvements can be made BACKGROUND AND NEED FOR LEGISLATION prehensive stroke treatment centers, and/or When a stroke unit was first established at Stoke is the third leading cause of death in stroke rehabilitation centers; set standards Mercy General Hospital in Sacramento, CA the United States, claiming the life of one of care and other requirements for facilities in December of 1990, the average length of American every three and a half minutes. providing services to stroke patients; specify stay for a Medicare stroke patient in the im- Those who survive stroke are often disabled procedures to evaluate the statewide stroke mediate care setting was 7 days and total and have extensive health care needs. The care system; and collect and analyze data hospital charges per patient were $14,076. By economic cost of stroke is staggering. The from each facility providing care to stroke June of 1994, the average length of stay was United States spends over $30 billion each patients in the State to improve the quality 4.6 days and the charges per patient were year on caring for persons who have experi- of stroke care provided in that State. $10,740. Overall, in the three and a half years enced stroke. The Act authorizes this grant program at during which the stroke unit was in oper- Prompt treatment of patients experiencing $50 million for fiscal year 2002, $75 million for ation, Mercy General’s charges to Medicare stroke can save lives and reduce disability, fiscal years 2003 and 2004, $100 million for fis- for stroke patients declined $1,621,296. yet thousands of stroke patients do not re- cal year 2005, and $125 million for fiscal year In a national survey of acute stroke teams ceive proper therapy during the crucial win- 2006. ASTs, Duke University researchers found dow of time when it is most effective. Rapid Medical professional development that the majority of ASTs cost only $0– administration of clot-dissolving drugs can The STOP Stroke Act provides grant au- $5,000, far less than the average cost for hos- dramatically improve the outcome of stroke, thority to the Secretary for public and non- pitalization of stroke patients. yet fewer than 3 percent of stroke patients profit entities to develop and implement STROKE PATIENTS OFTEN DO NOT RECEIVE now receive such medication. Treatment of continuing education programs in the use of EFFECTIVE TREATMENTS patients by specially trained health care pro- new diagnostic approaches, technologies, and Nationally, only 2 percent to 3 percent of viders increases survival and reduces dis- therapies for the prevention and treatment patients with stroke are being treated with ability due to stroke, but a neurologist is the of stroke. Grant recipients must have a plan the clot-busting drug, tPA. attending physician for only about one in for evaluation of activities carried out with In the year following FDA approval of tPA, ten stroke patients. Most Americans cannot the funding. The Secretary must ensure that it was determined that only 1.5 percent of identify the signs of stroke and even emer- any grants awarded are distributed equitably patients who might have been candidates for gency medical technicians are often not among the regions of the United States and tPA therapy actually received it. taught how to recognize and manage its between urban and rural populations. In a study of North Carolina’s stroke treat- symptoms. Even in hospitals, stroke patients Secretary’s role ment facilities, 66 percent of hospitals did often do not receive the care that could save not have stroke protocols and 82 percent did their lives. To saves lives, reduce disability In addition to carrying out the national not have rapid identification for patients ex- and improve the quality of stroke care, the education campaign, operating the clearing- periencing acute stroke. Stroke Treatment and Ongoing Prevention, house and registry, and awarding grants to A recent study of Cleveland, OH found that STOP Stroke, Act authorizes the following States, the Secretary will: develop standards only 1.8 percent of area patients with important public health initiatives. of care for stroke patients that may be taken ischemic stroke received tPA. into consideration by States applying for Stroke prevention and education campaign In a 1995 study of the Reading, Ohio Emer- grants; develop a model curriculum that gency Medical Services System EMS, almost The STOP Stroke Act provides $40 million, States may adopt for emergency medical half of all stroke patients who went through fiscal year 2002, for the Secretary to carry personnel; develop a model plan for design- the MES system were dispatched as having out a national, multi-media awareness cam- ing and implementing stroke care systems, something other than stroke and a quarter paign to promote stroke prevention and en- taking into consideration the unique needs of all patients identified as having stroke by courage stroke patients to seek immediate of varying communities; report to Congress paramedics were later discovered to have an- treatment. The campaign will be tested for on the implementation of the Act in partici- other cause for their illness. effectiveness in targeting populations at pating States. Out of 1000 hours of training for para- high risk for stroke, including women, senior In carrying out the STOP Stroke Act, the medics in Cincinnati, only 1 percent is de- citizens, and African-Americans. Alternative Secretary will consult widely with those voted to recognition and management of campaigns will be designed for unique com- having expert knowledge of the needs of pa- acute stroke. munities, including those in the nation’s tients with stroke. A 1993 study of patients who had a stroke ‘‘Stoke belt,’’ a region with a particularly KEY STROKE FACTS while they were inpatient found a median high rate of stroke incidence and mortality. The devastating effects of stroke delay between stroke recognition and neuro- Paul Coverdell Stroke Registry and Clearing- logical evaluation of 2.5 hours. There are roughly 700,000–750,000 strokes in house Neurologists are the attending physicians the U.S. each year. for only 11 percent of acute stroke patients. The STOP Stroke Act authorizes the Paul Stroke is the 3rd leading cause of death in Coverdell Stroke Registry and Clearinghouse the U.S. PUBLIC AWARENESS OF STROKE SYMPTOMS IS to collect data about the care of acute stroke Almost 160,000 Americans die each year POOR patients and foster the development of effec- from stroke. In a 1989 survey by the American Heart As- tive stroke care systems. The clearinghouse Every minute in the U.S., an individual ex- sociation of 500 San Francisco residents, 65 will serve as a resource for States seeking to periences a stroke. Every 3.3 minutes an in- percent of those surveyed were unable to cor- design and implement their own stroke care dividual dies from one. rectly identify any of the early stroke warn- systems by collecting, analyzing and dis- Over the course of a lifetime, four out of ing signs when given a list of symptoms. seminating information on the efforts of every five families in the U.S. will be In a national survey conducted by the other communities to establish similar sys- touched by stroke. American Heart Association, 29 percent of tems. Special consideration will be given to Roughly 1/3 of stroke survivors have an- respondents could not name the brain as the the unique needs of rural facilities and those other one within five years. site of a stroke and only 44 percent identified facilities with inadequate resources for pro- Currently, there are four million Ameri- weakness or loss of feeling in an arm or leg viding quality services for stroke patients. cans living with the effects of stroke. as a symptom of stroke. The Secretary is also authorized to conduct 15 percent to 30 percent of stroke survivors The International Stroke Trial found that and support research on stroke care. Where are permanently disabled. 55 percent of only 4 percent of the 19,000 patients studied suitable research has already been con- stroke survivors have some level of dis- presented within 3 hours of symptom onset ducted, the Secretary is charged with disability. only 16 percent presented within 6 hours.

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TPA FACTS Stroke touches the lives of almost all the smaller, less advanced facilities. We also A seminal NIH study found an 11 to 13 per- Americans. Today, 4.5 million Americans are believe that the research program is a nec- cent increase in the number of tPA-treated stroke survivors, and as many as 30 percent essary component of the STOP Stroke Act in patients exhibiting minimal or no neuro- of them are permanently disabled, requiring order to assess and monitor barriers to ac- logical deficits or disabilities compared with extensive and costly care. In Massachusetts cess to stroke prevention, treatment, and re- placebo treated patients. alone, stroke kills more than 3,300 people habilitation services, and to ultimately raise That same study reported a 30 to 55 percent every year. Unfortunately, most Americans the standard of care for those at risk, suf- relative improvement in clinical outcome for know very little about this disease. On aver- fering or recovering from stroke. tPA-treated patients compared with placebo- age, stroke patients wait 22 hours after the treated patients. one set of symptoms before receiving med- Over the past few months NSA has convened leaders in medicine, nursing, rehabili- NATIONAL ORGANIZATIONS SUPPORTING THE ical care. In addition, many health are facili- tation, healthcare, business, and advocacy to STOP STROKE ACT OF 2001 ties are not equipped to treat stroke aggres- work with your staff on developing this im- American Academy of Neurology sively like other medical emergencies. Your legislation helps build upon our suc- portant legislation. NSA is pleased to have American Academy of Physical Medicine and contributed its ideas and expertise on this Rehabilitation cessful stroke programs. In 1998, the Amer- ican Hearth Association launched a bold ini- critical health issue. We look forward to American Association of Neurological Sur- working in partnership with you and your geons tiative—Operation Stroke—to improve stroke care in targeted communities across colleagues on getting the legislation passed American College of Chest Physicians by Congress. American College of Emergency Physicians the country by strengthening the stroke American College of Preventive Medicine ‘‘Chain of Survival.’’ The Chain is a series of Please count on us to work with you in any American Heart Association/American events that must occur to improve stroke way possible to ensure we STOP stroke. Stroke Association care and includes rapid public recognition Sincerely, American Physical Therapy Association and reaction to stroke warning signs; rapid PATTI SHWAYDER, American Society of Interventional and assessment and pre-hospital care; rapid hos- Executive Director/CEO. Therapeutic Neuroradiology pital transport; and rapid diagnosis and American Society of Neuroradiology treatment. AMERICAN ASSOCIATION OF NEURO- Association of American Medical Colleges The STOP Stroke Act will help ensure that LOGICAL SURGEONS; CONGRESS OF Association of State and Territorial Chronic the stroke Chain of Survival is strong in every community across the nation and that NEUROLOGICAL SURGEONS, Disease Program Directors Washington, DC, March 5, 2001. Association of State and Territorial Direc- every stroke patient has access to quality Hon. TED KENNEDY, tors of Health Promotion and Public care. We strongly support this legislation U.S. Senate, Russell Senate Office Building, Health Education and look forward to continuing to work with Washington, DC. Boston Scientific you and Senator Frist to fight this dev- Brain Injury Association astating disease. Thank you again for your DEAR SENATOR KENNEDY: The American As- Congress of Neurological Surgeons leadership and vision! sociation of Neurological Surgeons (AANS) Emergency Nurses Association Sincerely, and the Congress of Neurological Surgeons Genentech, Inc. LAWRENCE B. SADWIN, (CNS), representing over 4,500 neurosurgeons National Association of Public Hospitals and Chairman of the in the United States, thank you for your Health Systems Board. leadership and vision in crafting the ‘‘STOP National Stroke Association DAVID P. FAXON, M.D., Stroke Act (Stroke Treatment and Ongoing North American Society of Pacing and President. Prevention Act) of 2001.’’ We strongly en- Electrophysiology dorse this bill and pledge to work with you Partnership for Prevention NATIONAL STROKE ASSOCIATION, to ensure its passage. Your legislation would Society of Cardiovascular and Interventional Englewood, CO, March 8, 2001. not only educate the public about the burden Radiology Hon. EDWARD KENNEDY, of stroke and stroke-related disability, but Stroke Belt Consortium Russell Senate Office Building, would encourage states to develop stroke The Brain Attack Coalition which is made Washington, DC. planning systems through the matching DEAR SENATOR KENNEDY: I am writing on up of the following advocacy organiza- grant concept. behalf of the national Stroke Association tions: (NSA) to express our strong commitment to Stroke is the nation’s third leading cause American Academy of Neurology helping you bring attention to, and secure of death and is the leading cause of disability American Association of Neurological Sur- passage of, the ‘‘Stroke Treatment and On- in our country creating a huge human and fi- geons going Prevention Act of 2001’’ (the ‘‘STOP nancial burden associated with this disease. American Association of Neuroscience Stroke Act’’). The advances in research and treatment re- Nurses NSA is a leading independent, national lated to stroke over the last decade have American College of Emergency Physicians nonprofit organization which dedicates 100 been truly remarkable. For example, sur- American Heart Association/American percent of its resources to stroke including gical techniques such as carotid Stroke Association prevention, treatment, rehabilitation, re- endarterectomy have been proven effective American Society of Neuroradiology search, advocacy and support for stroke sur- and saved lives. Also, the discovery of thera- National Stroke Association vivors and their families. Our mission is to peutic drugs that can be administered within Stroke Belt Consortium reduce the incidence and impact of stroke— three hours of the onset of a stroke have al- the number one cause of adult disability and lowed many survivors to recover in a way AMERICAN HEART ASSOCIATION, 3rd leading cause of death in America. that was impossible to imagine in even re- Dallas, TX, July 20, 2001. NSA believes that your proposed legisla- cent years. Hon. EDWARD KENNEDY, tion is historic—never before has comprehen- What was once viewed as an untreatable U.S. Senate, sive legislation been introduced to address and devastating disease has the potential to Washington, DC. this misunderstood public health problem. In DEAR CHAIRMAN KENNEDY: On behalf of the become as commonly treatable as heart at- fact, stroke has not been given the level of American Heart Association, our American tacks if appropriate resources are directed to attention, focus or resources commensurate Stroke Association division and our more the problem. Senator Kennedy, your legisla- with the terrible toll it takes on Americans than 22.5 million volunteers and supporters, tion will allow all Americans to take advan- in both human and economic terms. We are thank you for leading the fight against tage of these rapid advances in stroke treat- grateful for your leadership in bringing this stroke—the nation’s third leading cause of ment and prevention. death. issue to the top of the public health agenda. It has been our privilege to work with you The STOP Stroke Act clearly recognizes Once again, we strongly endorse this legis- and your staff to draft the Stroke Treatment an urgent need to build more effective sys- lation. On behalf of all neurosurgeons and and Ongoing Prevention Act (STOP Stroke tems of patient care and to increase public the patients we serve, thank you for your Act). This vital legislation will help raise awareness about stroke. We are hopeful that leadership on this issue. Please feel free to public awareness about stroke and dramati- the Stroke Prevention and Education Cam- contact us should you need further assist- cally improve our nation’s stroke care. More paign which it authorizes will go a long way ance. specifically, the legislation will conduct a toward disseminating the most accurate and Sincerely, national stroke education campaign; provide timely information regarding stroke preven- STEWART B. DUNSKER, MD, critical resources for states to implement tion and the importance of prompt treat- President, American statewide stroke care systems; establish a ment. NSA is encouraged that the state Association of Neu- clearinghouse to support communities aim- grant program will facilitate the establish- rological Surgeons. ing to improve stroke care; offer medical ment of a comprehensive network of stroke ISSAM A. AWAD, MD, professional development programs in new centers to reduce the overwhelming dis- President, Congress of stroke therapies; and conduct valuable parity in personnel, technology, and other Neurological Sur- stroke care research. resources and target assistance to some of geons.

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NATIONAL ASSOCIATION OF PUBLIC We thank you for your ongoing leadership BRAIN ATTACK COALITION, HOSPITALS AND HEALTH SYSTEMS, in developing legislation to preserve and im- Bethesda, MD, May 7, 2001. Washington, DC, March 22, 2001. prove our nation’s public health systems and Hon. EDWARD M. KENNEDY, Hon. EDWARD M. KENNEDY, the healthy care safety net. We look forward U.S. Senate, Russell Senate Office Building, U.S. Senate, to working with you further to develop solu- Washington, DC. Washington, DC. tions to the problems of our nation’s poor DEAR SENATOR KENNEDY: The Brain Attack DEAR SENATOR KENNEDY: I am writing on and uninsured. Coalition is a group of professional, vol- behalf of the National Association of Public Sincerely, untary and governmental organizations dedi- Hospitals & Health Systems (NAPH) to ex- LARRY S. GAGE, cated to reducing the occurrence, disabilities press our support for the ‘‘STOP Stroke Act President. and death associated with stroke. of 2001,’’ legislation to help states improve Stroke is our nations third leading cause the level of stroke care that is offered to pa- PARTNERSHIP FOR PREVENTION, of death and the leading cause of adult long- tients and to improve public education about Washington, DC, March 16, 2001. term disability. Recent advances in stroke the importance of seeking early emergency Re Stroke Treatment and Ongoing Preven- treatment can lead to improved outcomes if care to combat the effects of stroke. tion Act of 2001. stroke patients are treated shortly after NAPH represents more than 100 of Amer- symptom onset. Currently only two to three ica’s metropolitan area safety net hospitals Hon. EDWARD KENNEDY, percent of stroke patients who are can- and health systems. The mission of NAPH U.S. Senate, Russell Senate Office Building, didates for thrombolytic therapy receive it. members is to provide health care services to Washington, DC. This must be remedied. all individuals, regardless of insurance sta- DEAR SENATOR KENNEDY: We commend the We urgently need to educate the public tus or ability to pay. More than 54 percent of introduction of the Stroke Treatment and about stroke symptoms and the importance the patients served by NAPH systems are ei- Ongoing Prevention Act of 2001 (STOP of seeking medical attention immediately. ther Medicaid recipients or Medicare bene- Stroke Act). As you well know, stroke is the We also need to provide training to medical ficiaries; another 28 percent are uninsured. third leading cause of death in the United personnel in the new approaches for treating We applaud your efforts to raise public States, a principal cause of cardiovascular and preventing stroke. The Stroke Treat- awareness about the signs and symptoms of disease death, and a major cause of disability ment and Ongoing Prevention Act of 2001 this pernicious disease and to assure that all for Americans. (STOP Stroke Act) is designed to address Americans—including our nation’s poorest The STOP Stroke Act creates a framework these issues and to establish a grant program and most vulnerable—have access to state- for the nation to begin systematically ad- to provide funding to states to help ensure of-the-art stroke treatment. In particular, dressing some important tertiary stroke pre- that stroke patients in each state have ac- we are pleased that your legislation would: vention issues, namely timely diagnosis and cess to high-quality stroke care. Establish a grant program to provide fund- treatment. We concur that much more can The members of the Brain Attack Coali- ing to states—with a particular focus on and should be done to ensure stroke patients tion strongly support the STOP Stroke Act raising the level of stroke treatment in un- are treated according to clinical guidelines and hope for prompt enactment of this legis- derserved areas—to assure that all patients based on up-to-date scientific evidence. lation. Please not that the National Insti- have access to high-quality stroke care; Investing in primary and secondary pre- tute of Neurological Disorders and Stroke Ensure that all appropriate medical per- vention is the best strategy for stopping and the Centers for Disease Control and Pre- sonnel are provided access to training in stroke. Hypertension is the top contributor vention are not included in this endorsement newly developed approaches for preventing to stroke, followed by heart disease, diabe- because the Administration has not taken a and treating stroke; tes, and cigarette smoking. According to the position on the legislation. Authorize a national public awareness National Institutes of Health and the Cen- Sincerely, campaign to educate Americans about the ters for Disease Control and Prevention MICHAEL D. WALKER, M.D., signs and symptoms of stroke and the impor- (CDC), prevention of stroke requires address- Chair, Brain Attack Coalition. tance of seeking emergency treatment as ing the critical risk factors. soon as symptoms occur; and, To prevent or delay hypertension, experts AMERICAN PHYSICAL Create a comprehensive research program at both agencies recommend community- THERAPY ASSOCIATION, to identify best practices, barriers to care, based interventions that promote healthy Alexandria, VA, June 13, 2001. health disparities, and to measure the effec- diets, regular physical activity, tobacco ces- Hon. EDWARD KENNEDY, tiveness of public awareness efforts. sation, and limited alcohol intake. The Pub- U.S. Senate, NAPH has long supported efforts to assure lic Health Service’s clinical guidelines on Washington, DC. that all Americans are afforded access to the treating tobacco use and dependence is an- DEAR SENATOR KENNEDY: I am writing to highest quality health care services and other resource to help Americans kick the express the strong support of the American most current technology that is available. habit. Lifestyle modifications for hyper- Physical Therapy Association (APTA) for Indeed, it is critical that facilities that pro- tension prevention not only contribute to the ‘‘Stroke Treatment and Ongoing Preven- vide acute care services to stroke patients tion Act of 2001,’’ which you plan to intro- have the resources necessary to assure pa- overall cardiovascular health, but also reduce risk factors associated with other duce soon. tients access to a minimum standard of As you know, stroke is the third leading chronic diseases (e.g., obesity, diabetes, and stroke care. Unfortunately, uncompensated cause of death in the United States, and is cancer). care costs and high rates of uninsured pa- one of the leading causes of adult disability. A second essential step is to improve man- tients often make it difficult for safety net APTA believes your legislation is critical to agement of hypertension once it develops. providers to dedicate sufficient resources to establishing a comprehensive system for Recent studies indicate effective hyper- meet these goals. stroke prevention, treatment and rehabilita- tension treatment can cut stroke incidence We are pleased that your legislation, tion in the United States. We appreciate and fatality rates by at least a third. To ad- through its state grants program, attempts your modification to the legislation to high- to direct additional resources toward the vance hypertension treatment, we must in- light the important role physical therapists providers that are most in need of updating vest in disease management systems that en- play in stroke prevention and rehabilitation. their stroke care systems. We urge you to able health care providers to prescribe the Every day, physical therapists across the consider amending your legislation to allow most effective therapies and assist patients nation help approximately 1 million people local government and safety net providers to with pharmacological regimens and healthy alleviate pain, prevent the onset and pro- participate directly in this grants program. lifestyles. gression of impairment, functional limita- Allowing public hospitals and other safety The main prevention components in the tion, disability, or changes in physical func- net providers who seek to improve their STOP Stroke Act (i.e., the proposed research tion and health status resulting from injury, stroke care infrastructure to apply for these program and national stroke awareness cam- disease, or other causes. Essential partici- grants will go a long way toward assuring paign) should be coordinated with—and even pants in the health care delivery system, that the providers most in need of these re- integrated into—the CDc comprehensive car- physical therapists assume leadership roles sources get access to them. diovascular disease program. Involving near- in rehabilitation services, prevention and As the American population ages and ly every state, this program offers an inte- health maintenance programs. They also promising discoveries are being made to im- grated network that is addressing the under- play important roles in developing health prove the early detection and treatment of lying causes of stroke and other cardio- care policy and appropriate standards for the stroke, it is becoming increasingly impor- vascular diseases. various elements of physical therapists prac- tant that additional resources be directed at Partnership welcomes the STOP Stroke tice to ensure availability, accessibility, and stroke awareness, prevention and treatment Act and its intent to address stroke, a seri- excellence in the delivery of physical ther- programs. And, as federal funds are provided, ous health problem. We also encourage apy services. it is critical that all of our citizens, in par- strengthened primary and secondary preven- Again, thank you for your leadership on ticular those who frequently slip through the tion policies to protect health before strokes this issue. Please call upon APTA to assist cracks, are given access to the best available happen. in the passage of this important legislation. stroke-related specialists, diagnostic equip- Sincerely yours, Sincerely, ment and life-saving treatments and thera- ASHLEY B. COFFIELD, BEN F. MASSEY, PT, pies. President. President.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8474 CONGRESSIONAL RECORD — SENATE July 31, 2001 Mr. KENNEDY. Mr. President, today The good news is that 90 percent of cardiac American Heart Association; American Senator FRIST and I are introducing arrest victims who are treated with a Red Cross; Agilent Technologies; American the ‘‘Community Access to Emergency defibrillator within one minute of arrest can College of Emergency Physicians’; Cardiac be saved. In addition, cardiac arrest victims Science; Citizen CPR Foundation; Congres- Defibrillation Act of 2001.’’ sional Fire Services Institute; Medical De- Every 2 minutes, sudden cardiac ar- who are treated with CPR within four minutes and defibrillation within ten minutes vice Manufacturers Association; Medical Re- rest strikes down another person. Car- have up to a 40 percent chance of survival. search Laboratories, Inc.; Medtronic; diac arrest can strike at any time However, few communities have programs to MeetingMed: National Center for Early without any warning. Without rapid make emergency defibrillation widely acces- Defibrillation; National Emergency Medical intervention, is unavoidable. sible to cardiac arrest victims. Communities Services Academy; National Fire Protection One thousand people will die today that have implemented public access pro- Association; National SAFE KIDS from cardiac arrest, and 200,000 people grams have achieved average survival rates Compaign; National Volunteer Fire Council; will lose their lives this year to this for out-of-hospital cardiac arrest as high as and Survivalink. devastating disease. The good news is 50 percent. Automated external defibrillators, AEDs, By Mr. DOMENICI (for himself that we know that 90 percent of cardiac have a 95 percent success rate in terminating and Mr. BINGAMAN): arrest victims can be saved, if imme- ventricular fibrillation. Wide use of S. 1276. A bill to provide for the es- diate access is available to an auto- defibrillators could save as many as 50,000 tablishment of a new counterintel- mated external defibrillator, an AED. lives nationally each year, yet fewer than ligence polygraph program for the De- We could save thousands of lives half of the nation’s ambulance services, 10–15 partment of Energy, and for other pur- every year if AEDs are available in percent of emergency service fire units, and poses; to the Committee on Armed every public building. Yet few commu- less than 1 percent of police vehicles are equipped with AEDs. Services. nities have programs to make this Mr. DOMENICI. Mr. President, I rise technology widely accessible. The Community Access to Emergency Defibrillation, Community AED Act, pro- today to introduce a bill that modifies That is why Senator FRIST and I vides for the following public health initia- the requirements for polygraphs at fa- today are introducing the ‘‘Community tives to increase public awareness of emer- cilities operated by the Department of AED Act’’. Its goal is to provide fund- gency defibrillation and to expand public ac- Energy. I appreciate that Senator ing for programs to increase access to cess to lifesaving AEDs: BINGAMAN joins me as a co-sponsor. emergency defibrillation. It will place Community Grants Program to establish com- Polygraph requirements were added AEDs in public areas like schools, prehensive initiatives to increase public ac- by Congress in response to concerns workplaces, community centers, and cess to AEDs about security at the national labora- other locations where people gather. It The Community AED Act provides $50 mil- tories. A set of mandates was first cre- will provide training to use and main- lion for communities to establish public ac- ated in the Senate Armed Services Au- tain the devices, and funding for co- cess defibrillation programs. Communities thorization Bill for Fiscal Year 2000, ordination with emergency medical receiving these grants will: train local emergency medical services personnel to admin- and they were expanded with broader personnel. mandates in Fiscal Year 2001. Furthermore, it also funds the devel- ister immediate care, including CPR and automated external defibrillation, to cardiac Security at the our national security opment of community-based projects arrest victims; purchase and place auto- facilities is critically important, and to enhance AED access and place them mated external defibrillators in public places General Gordon is working diligently in unique settings where access is more where cardiac arrests are likely to occur; as Administrator of the National Nu- difficult to achieve. Our bill also em- train personnel in places with defibrillators clear Security Administration to im- phasizes monitoring cardiac arrest in to use them properly and administer CPR to prove security through many initia- children and putting AEDs in schools— cardiac arrest victims; inform local emergency medical services personnel, including tives. But frankly, I fear that Congress so that we can also deal with cardiac has given the General a little too much arrest when it affects our youth. dispatchers, about the location of defibrillators in their community; train help in this particular area. Sudden cardiac arrest is a tragedy for members of the public in CPR and auto- The effect of our past legislation was families all across America. Commu- mated external defibrillation; ensure proper to require polygraphs for very broad nities that have already implemented maintenance and testing of defibrillators in categories of workers in DOE and in programs to increase public access to the community; encourage private compa- our DOE weapons labs and plants. But AEDs—like the extremely successful nies in the community to purchase auto- the categories specified are really ‘‘First Responder Defibrillator Pro- mated external defibrillators and train em- much too broad, some don’t even refer ployees in CPR and emergency defibrillation; gram’’ in Boston—have been able to to security-related issues. They include achieve survival rates of up to 50 per- and collect data to evaluate the effectiveness of the program in decreasing the out-of-hos- many workers who have no relevant cent. That’s 100,000 lives that we can pital cardiac arrest survival rate in the com- knowledge or others who may be au- save each year if every community im- munity. thorized to enter nuclear facilities but plements a program like this one. This Community demonstration projects to develop have no unsupervised access to actual bill will enable communities to save innovative AED access programs material. Many of the positions within lives in public buildings, in workplaces, The Community AED Act provides $5 mil- these categories already require a two- and in schools all across the nation, lion for community-based demonstration person rule, precluding actions by any and I urge you to stand with Senator projects. Grantees will develop innovative one person to compromise protected FRIST and I in support of this legisla- approaches to maximize community access items. tion—legislation that will have a life- to automated external defibrillation and pro- This bill provides flexibility to allow saving impact on us all. vide emergency defibrillation to cardiac ar- the Secretary of Energy and General I ask unanimous consent that a bill rest victims in unique settings. Communities Gordon to set up a new polygraph pro- receiving these grants must meet many of summary for the ‘‘Community Access gram. Through careful examination of to Emergency Defibrillation Act of the same requirements for equipment maintenance, public information, and data collec- the positions with enough sensitivity 2001’’ be printed in the RECORD. tion included in the larger grants program. to warrant polygraphs, I fully antici- There being no objection, the mate- National Clearinghouse to promote AED access pate that the number of employees sub- rial was ordered to be printed in the in schools ject to polygraphs will be dramatically RECORD, as follows: The Community AED Act provides for a reduced while actually improving over- THE COMMUNITY ACCESS TO EMERGENCY national information clearinghouse to pro- all security. DEFIBRILLATION ACT OF 2001 vide information to increase public aware- My bill seeks to address other con- BACKGROUND AND NEED FOR LEGISLATION ness and promote access to defibrillators in cerns. Polygraphs are simply not Cardiac arrest is not a heart attack—it is schools. This center will also establish a viewed as scientifically credible by instant heart paralysis for which database for information on sudden cardiac Laboratory staff. Those tests have been defibrillation is the only effective treatment. arrest in youth and will provide assistance the major contributor to substantial Every minute that passes after a cardiac ar- to communities wishing to develop screening rest, a person’s chance of surviving decreases programs for at risk youth. degradation in worker morale at the by 10 percent. Cardiac arrest takes a tremen- The Community AED Act is supported by labs. This is especially serious when dous toll on the American public; each year, these and other leading health care organiza- the labs and plants are struggling to it kills over 220,000 people. tions: cope with the new challenges imposed

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8475 by the absence of nuclear testing and fective, reliable tool to reveal spies or may occur during testing. The bill also with the need to recruit new scientific otherwise identify security risks to our seeks to ensure the safe operations of experts to replace an aging workforce. country. DOE facilities by requiring advance no- I should note that these staff con- The problem is that the Congress tice for polygraph exams to enable cerns are not expressed about drug does not have the full story about poly- management to undertake adjustments testing, which many already must graph testing. I objected when Section necessary to maintain operational take. They simply are concerned with 3135 was included in the conference safety. entrusting their career to a procedure mark of the Defense bill last year, but Let me emphasize once again, that with questionable, in their minds, sci- it was too late in the process to effec- this legislation is intended as an in- entific validity. tively protest its worthiness. It has terim measure that will meet three A study is in progress by the Na- since become clear that the provision critical objectives until we have heard tional Academy of Sciences that will has had a chilling effect on current and from the scientific community. This go a long ways toward addressing this potential employees at the laboratories bill will ensure that critical secret in- question about scientific credibility of in a way that could risk the future formation will be protected, that the polygraphs when they are used as a health of the workforce at the labora- rights of individual employees will be tool for screening large populations. By tories. The laboratory directors have observed, and that the ability of the way of contrast, this use of polygraphs expressed to me their deep concerns laboratories to do their job will be is in sharp contrast to their use in a about recruitment and retention, and maintained. I thank Senator DOMENICI targeted criminal investigation. That I’m certain that the polygraph issue is for his work on this bill, and urge my Academy’s study will be completed in a contributing factor. Indeed, I’ve colleagues to support its passage. I June 2002. Therefore, this bill sets up heard directly from many laboratory yield the floor. an interim program before the Acad- employees who question the viability emy’s study is done and requires that a of polygraphs and who have raised le- By Mr. DOMENICI (for himself final program be established within 6 gitimate questions about its accuracy, and Mr. LUGAR): months after the study’s completion. reliability, and usefulness. S. 1277. A bill to authorize the Sec- This bill addresses several concerns In response to those questions and retary of Energy to guarantee loans to with the way in which polygraphs may concerns, I requested that the National facilitate nuclear nonproliferation probe administered by the Department. Academy of Sciences undertake an ef- grams and activities of the Govern- For example, some employees are con- fort to review the scientific evidence ment of the Russian Federation, and cerned that individual privacies, like regarding polygraph testing. Needless for other purposes; to the Committee medical conditions, are not being pro- to say, there are many difficult sci- on Foreign Relations. tected using the careful procedures de- entific issues to be examined, so the Mr. DOMENICI. Mr. President, I rise veloped for drug testing. And facility study will require considerable effort to introduce the Fissile Material Loan managers are concerned that poly- and time. We are expecting results next Guarantee Act of 2001. This Act is in- graphs are sometimes administered June. Once the Congress receives that tended to increase the suite of pro- without enough warning to ensure that report, I am hopeful that the Depart- grams that reduce proliferation threats work can continue in a safe manner in ment of Energy, the National Nuclear from the Russian nuclear weapons the sudden absence of an employee. Security Administration, and the na- complex. I’m pleased that Senator And of greatest importance, the bill en- tional laboratories will be better able LUGAR joins me as a co-sponsor of this sures that the results of a polygraph to consider the worthiness of polygraph Act. will not be the sole factor determining testing to its intended purposes and dean employee’s fitness for duty. termine whether and how to proceed This Act presents an unusual option, With this bill, we can improve work- with a program. which I’ve discussed with the leader- er morale at our national security fa- Until that time, however, the Con- ship of some of the world’s largest pri- cilities by stopping unnecessarily gress has levied a burdensome require- vate banks and lending institutions. I broad application of polygraphs, while ment on the national laboratories to also am aware that discussions be- still providing the Secretary and Gen- use polygraph testing broadly at the tween Western lending institutions and eral Gordon with enough flexibility to laboratories with the negative con- the Russian Federation are in progress utilize polygraphs where reasonable. In sequences to which I have alluded. I be- and that discussions with the Inter- addition, we set in motion a process, lieve the legislation that Senator national Atomic Energy Agency or which will be based on the scientific DOMENICI and I are introducing today IAEA have helped to clarify their re- evaluation of the National Academy, to will provide a more balanced, reasoned sponsibilities. implement an optimized plan to pro- approach in the interim until the sci- This Act would enable the imposition tect our national security. entific experts report to the Congress of international protective safeguards Mr. BINGAMAN. Mr. President, I am with their findings on this very com- on new, large stocks of Russian weap- pleased to cosponsor legislation being plex matter. The bill being introduced ons-ready materials in a way that en- introduced by Senator DOMENICI that will provide on an interim basis the se- ables the Russian Federation to gain will help correct what I consider to be curity protection that many believe is near-term financial resources from the overzealous action on the part of the afforded by polygraphs, but will limit materials. These materials would be Congress to address security problems its application to those Department of used as collateral to secure a loan, for at our Department of Energy national Energy and contractor employees at which the U.S. Government would pro- laboratories. We’re all aware of the se- the laboratories who have access to Re- vide a loan guarantee. The Act requires curity concerns that grew out of the stricted Data or Sensitive Compart- that loan proceeds be used in either Wen Ho Lee case. That case, and other mented Information containing the na- debt retirement for the Russian Fed- incidents that have occurred since tion’s most sensitive nuclear secrets. It eration or in support of Russian non- then, quite rightly prompted the De- specifically excludes employees who proliferation or energy programs. It partment of Energy and the Congress may operate in a classified environ- also requires that the weapons-grade to assess security problems at the lab- ment, but who do not have actual ac- materials used to collateralize these oratories and seek remedies. Last year, cess to the critical security informa- loans must remain under international during the conference between House tion we are seeking to protect. IAEA safeguards forevermore and thus and Senate on the Defense Authoriza- Other provisions in the bill would should serve to remove them from con- tion bill, a provision was added, Sec- protect individual rights by extending cern as future weapons materials. tion 3135, that significantly expanded guaranteed protections included under This Act does not replace programs requirements for administering poly- part 40 of Title 49 of the Code of Fed- that currently are in place to ensure graphs to Department of Energy and eral Regulations and by requiring pro- that weapons-grade materials can contractor employees at the labora- cedures to preclude adverse personnel never be used in weapons in the future. tories. That legislative action pre- action related to ‘‘false positives’’ or Specifically, it does not displace mate- sumed that polygraph testing is an ef- individual physiological reactions that rials already committed under earlier

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8476 CONGRESSIONAL RECORD — SENATE July 31, 2001 agreements. The Highly Enriched Ura- pendent Film and Television Produc- affected the economies of cities and nium or HEU Agreement is moving to- tion Incentive Act of 2001, a bill de- States across the country, given that ward elimination of 500 tons of Russian signed to address the problem of ‘‘run- film production and distribution have weapons-grade uranium. The Pluto- away’’ film and television production. I been among the highest growth indus- nium Disposition Agreement is simi- am joined by Senators SNOWE, DURBIN, tries in the last decade. It’s an indus- larly working on elimination of 34 tons BREAUX, and LANDRIEU. try with a reach far beyond Hollywood of Russian weapons-grade plutonium, Over the past decade, production of and the west coast. primarily by its use in MOX fuel. American film projects has fled our For example, my home State of Ar- The HEU agreement removes mate- borders for foreign locations, migration kansas has been proud to host the pro- rial usable in 20,000 nuclear weapons, that results in a massive loss for the duction of a number of feature and tel- while the plutonium disposition agree- U.S. economy. My legislation will en- evision films, with benefits both eco- ment similarly removes material for courage producers to bring feature film nomic and cultural. Our cinematic his- more than 4,000 nuclear weapons. Both and television production projects to tory includes the opening scenes of of these agreements enable the transi- cities and towns across the United ‘‘Gone With the Wind,’’ and civil war tion of Russian materials into commer- States, thereby stemming that loss. epics like ‘‘the Blue and the Gray’’ and cial reactor fuel, which, after use in a In recent years, a number of foreign ‘‘North and South.’’ It also includes ‘‘A reactor, destroys its ‘‘weapons-grade’’ governments have offered tax and Soldier’s Story,’’ ‘‘Biloxi Blues,’’ ‘‘the attributes. There should be no question other incentives designed to entice pro- Legend of Boggy Creek,’’ and, most re- that both these agreements remain of duction of U.S. motion pictures and cently, ‘‘Sling Blade,’’ an independent vital importance to both nations. television programs to their countries. production written by, directed by, and But estimates are that the Russian Certain countries, such as Australia, starring Arkansas’ own Billy Bob Federation has vast stocks of weapons- Canada, New Zealand, and several Eu- Thornton. So even in our rural State, grade materials in addition to the ropean countries, have been particu- amounts they’ve already declared as there is a great deal of local interest larly successful in luring film projects and support for the film industry. My surplus to their weapons needs in these to their towns and cities through offers earlier agreements. bill will make it possible for us to con- of large tax subsidies. tinue this tradition, and we hope to en- If we can provide additional incen- These governments understand that tives to Russia to encourage transition courage more of these projects to come the benefits of hosting such produc- to Arkansas. of more of these materials into con- tions do not flow only to the film and But to do this, we need to level the figurations where it is not available for television industry. These productions playing field. This bill will assist in diversion or re-use in weapons, we’ve create ripple effects, with revenues and that effort. It will provide a two-tiered made another significant step toward jobs generated in a variety of other wage tax credit, equal to 25 percent of global stability. And furthermore, this local businesses. Hotels, restaurants, the first $25,000 of qualified wages and proposed mechanism provides a rel- catering companies, equipment rental atively low cost approach to reduction salaries and 35 percent of such costs if facilities, transportation vendors, and of threats from these materials. incurred in a ‘‘low-income commu- many others benefit from these ripple Senator LUGAR and I introduced a nity’’, for productions of films, tele- effects. similar bill near the end of the 106th vision or cable programming, mini-se- What began as a trickle has become a Congress, to provide time for discus- ries, episodic television, pilots or mov- flood, a significant trend affecting both sion of its features. Those discussions ies of the week that are substantially the film and television industry as well have progressed, and this bill has some produced in the United States. as the smaller businesses that they slight refinements that grew out of This credit is targeted to the seg- those discussions. Since then, we have support. Many specialized trades involved in ment of the market most vulnerable to received additional assurances that film production and many of the sec- the impact of runaway film and tele- this bill provides a useful route to re- ondary industries that depend on film vision production. It is, therefore, only duce proliferation threats, and thus we production, such as equipment rental available if total wage costs are more are reintroducing this bill in the 107th than $20,000 and less than $10 million Congress. companies, require consistent demand in order to operate profitably. This (indexed for inflation). The credit is Within the last few months, former not available to any production subject Senator Howard Baker and former production migration has forced many small- and medium-sized companies to reporting requirements of 18 USC White House Counsel Lloyd Cutler 2257 pertaining to films and certain completed an important report out- out of business during the last ten years. other media with sexually explicit con- lining the importance of the non-product. liferation programs accomplished Earlier this year, a report by the U.S. My legislation enjoys the support of jointly with Russia. They noted, as Department of Commerce estimated their top recommendation, that: that runaway production drains as a broad alliance of groups affected by the loss of U.S. production, including The most urgent unmet national security much as $10 billion per year from the threat to the United States today is the dan- U.S. economy. the following: national, State and local ger that weapons of mass destruction or These losses have been most pro- film commissions, under the umbrella weapons-usable material in Russia could be nounced in made-for-television movies organization Film US as well as the stolen and sold to terrorists or hostile nation and miniseries productions. According Entertainment Industry Development states and used against American troops or to the report, out of the 308 U.S.-devel- Corporation; film and television pro- citizens at home. This threat is a clear and oped television movies produced in ducers, Academy of Television Arts and present danger to the international commu- Sciences, the Association of Inde- nity as well as to American lives and lib- 1998, 139 were produced abroad. That’s a erties. significant increase from the 30 pro- pendent Commercial Producers, the American Film Marketing Association, This new Act provides another tool duced abroad in 1990. the Producers Guild; organizations rep- toward reducing these threats to na- The report makes a compelling case resenting small businesses such as the tional, as well as global, security. that runaway film and television production has eroded important segments post-production facilities, The South- By Mrs. LINCOLN (for herself, of a vital American industry. Accord- ern California Chapter of the Associa- Ms. SNOWE, Mr. DURBIN, Mr. ing to official labor statistics, more tion of Imaging Technology and Sound, BREAUX, and Ms. LANDRIEU): than 270,000 jobs in the U.S. are di- and equipment rental companies (Pro- S. 1278. A bill to amend the Internal rectly involved in film production. By duction Equipment Rental Associa- Revenue Code of 1986 to allow a United industry estimates, 70 to 80 percent of tion); and organizations representing States independent film and television these workers are hired at the location the creative participants in the enter- production wage credit; to the Com- where the production is filmed. tainment industry, Directors Guild of mittee on Finance. And while people may associate the America, the Screen Actors Guild and Mrs. LINCOLN. Mr. President, I rise problem of runaway production with Recording Musicians Association. In today to introduce the U.S. Inde- California, the problem has seriously addition, the United States Conference

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8477 of Mayors formally adopted the ‘‘Run- straightforward spinoff of a business to a spinoff. Nor is there any reason to away Film Production Resolution’’ at its shareholders. The small technical treat affiliated groups differently than their annual conference in June. change I propose today would elimi- single operating companies. Indeed, no Leveling the playing field through nate the need for these unnecessary one had ever suggested one. The legis- targeted tax incentives will keep film transactions, while keeping the statue lative history indicates Congress was production, and the jobs and revenues true to Congress’s original purpose. concerned about non-controlled sub- it generates, in the United States. I More specifically, section 355, and re- sidiaries, which is elsewhere ade- urge my colleagues to join me in sup- lated provision of the Code, permits a quately addressed, no consolidated porting this bill in order to prevent the corporation or an affiliated group of groups. further deterioration of one of our corporations to divide on a tax-free For many purposes, the Tax Code most American of industries and the basis into two or more separate enti- treats affiliated groups as a single cor- thousands of jobs and businesses that ties with separate businesses. There poration. Therefore, the simple remedy depend on it. are numerous requirements for tax-free I am proposing today for the problem treatment of a corporate division, or created by the awkward language of By Mr. BREAUX: ‘‘spinoff,’’ including continuity of his- section 355 (b)(2)(A) is to apply the ac- S. 1279. A bill to amend the Internal torical shareholder interest, continuity tive business test to an affiliated group Revenue Code of 1986 to modify the ac- of the business enterprises, business as if it were a single entity. tive business definition under section purpose, and absence of any device to I ask unanimous consent that the 355; to the Committee on Finance. distribute earning and profits. In addi- text of the bill be printed in the Mr. BREAUX. Mr. President, I rise tion, section 355 requires that each of RECORD. today to introduce tax legislation the divided corporate entities be en- There being no objection, the bill was which proposes only a small technical gaged in the active conduct of a trade ordered to be printed in the RECORD, as modification of current law, but, if en- or business. The proposed change would follows: acted, would provide significant sim- alter none of these substantive require- S. 1279 plification of routine corporate reorga- ments of the Code. Be it enacted by the Senate and House of Rep- nizations. The legation is identical to Section 355 (b)(2)(A) currently pro- resentatives of the United States of America in S. 773 which I introduced on April 13 of vides an attribution or ‘‘look through’’ Congress assembled, last year. rule for groups of corporations that op- SECTION 1. MODIFICATION OF ACTIVE BUSINESS This proposed change is small but erate active businesses under a holding DEFINITION UNDER SECTION 355. very important. It would not alter the company, which is necessary because a (a) IN GENERAL.—Section 355(b) of the In- substance of current law in any way. It holding company, by definition, is not ternal Revenue Code of 1986 (defining active would, however, greatly simplify a itself engaged in an active business. conduct of a trade or business) is amended by common corporate transaction. This adding at the end the following new para- This lookthrough rule inexplicably graph: small technical change will alone save requires, however, that ‘‘substantially ‘‘(3) SPECIAL RULES RELATING TO ACTIVE corporations millions of dollars in un- all’’ of the assets of the holding com- BUSINESS REQUIREMENT.— necessary expenses and economic costs pany consist of stock of active con- ‘‘(A) IN GENERAL.—For purposes of deter- that are incurred when they divide trolled subsidiaries. The practical ef- mining whether a corporation meets the re- their businesses. fect of this language is to prevent hold- quirement of paragraph (2)(A), all members Past Treasury Departments have ing companies from engaging in spin- of such corporation’s separate affiliated agreed, and I have no reason to believe offs if they own almost any other as- group shall be treated as one corporation. For purposes of the preceding sentence, a the current Treasury Department will sets. This is in sharp contrast to cor- feel any differently, that this change corporation’s separate affiliated group is the porations that operate businesses di- affiliated group which would be determined would bring welcome simplification to rectly, which can own substantial as- under section 1504(a) if such corporation section 355 of the Internal Revenue sets unrelated to the business and still were the common parent and section 1504(b) Code. Indeed, the Clinton Administra- engage in tax-free spinoff transactions. did not apply. tion in its last budget submission to In the real world, of course, holding ‘‘(B) CONTROL.—For purposes of paragraph the Congress had proposed this change. companies may, for many sound busi- (2)(D), all distributee corporations which are The last scoring of this proposal ness reasons, hold other assets, such as members of the same affiliated group (as de- showed no loss of revenue to the U.S. non-controlling, less than 80 percent, fined in section 1504(a) without regard to sec- Government, and I am aware of no option 1504(b)) shall be treated as one dis- interests in subsidiaries, controlled tributee corporation.’’. position to its enactment. subsidiaries that have been owned for (b) CONFORMING AMENDMENTS.— Corporations, and affiliated groups of less than five years, which are not con- (1) Subparagraph (A) of section 355(b)(2) of corporations, often find it advan- sidered ‘‘active businesses’’ under sec- the Internal Revenue Code of 1986 is amended tageous, or even necessary, to separate tion 355, or a host of non-business as- to read as follows: two or more businesses. The division of sets. Such holding companies routinely ‘‘(A) it is engaged in the active conduct of AT&T from its local telephone compa- undertake spinoff transactions, but be- a trade or business,’’. nies is an example of such a trans- cause of the awkward language used in (2) Section 355(b)(2) of such Code is amend- action. The reasons for these corporate ed by striking the last sentence. section 355 (b)(2)(A), they must first (c) EFFECTIVE DATE.— divisions are many, but probably chief undertake one or more, often a series (1) IN GENERAL.—The amendments made by among them is the ability of manage- of, preliminary reorganizations solely this section shall apply to distributions after ment to focus on one core business. for the purpose of complying with this the date of the enactment of this Act. At the end of the day, when a cor- inexplicable language of the Code. (2) TRANSITION RULE.—The amendments poration divides, the stockholders sim- Such preliminary reorganizations are made by this section shall not apply to any ply have the stock of two corporations, at best costly, burdensome, and with- distribution pursuant to a transaction which instead of one. The Tax Code recog- out any business purpose, and at worst, is— nizes this is not an event that should (A) made pursuant to an agreement which they seriously interfere with business was binding on such date and at all times trigger tax, as it includes corporate di- operations. In a few cases, they may be thereafter, visions among the tax-free reorganiza- so costly as to be prohibitive, and (B) described in a ruling request submitted tion provisions. cause the company to abandon an oth- to the Internal Revenue Service on or before One requirement the Tax Code im- erwise sound business transaction that such date, or poses on corporate divisions is very is clearly in the best interest of the (C) described on or before such date in a awkwardly drafted, however. As a re- corporation and the businesses it oper- public announcement or in a filing with the sult, an affiliated group of corporations ates. Securities and Exchange Commission. that wishes to divide must often en- There is no tax policy reasons, tax (3) ELECTION TO HAVE AMENDMENTS APPLY.— Paragraph (2) shall not apply if the distrib- gage in complex and burdensome pre- advisors agree, to require the reorga- uting corporation elects not to have such liminary reorganizations in order to nization of a consolidated group that is paragraph apply to distributions of such cor- accomplish what, for a single corporate clearly engaged in the active conduct poration. Any such election, once made, entity, would be a rather simple and of a trade or business, as a condition to shall be irrevocable.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8478 CONGRESSIONAL RECORD — SENATE July 31, 2001 By Mr. CLELAND: I ask unanimous consent that the ovates, and updates patient care facilities of S. 1280. A bill to authorize the Sec- text of the bill be printed in the the Department in accordance with this secretary of Veterans Affairs to carry out RECORD. tion. construction projects for the purpose of (2) In selecting projects to be carried out There being no objection, bill was or- under the authority of this section, the Sec- improving, renovating, and updating dered to be printed in the RECORD, as retary shall consider the recommendations patient care facilities at Department of follows: of the board under paragraph (1). In any case Veterans Affairs medical centers; to S. 1280 in which the Secretary selects a project to be the Committee on Veterans’ Affairs. Be it enacted by the Senate and House of Rep- carried out under this section that was not Mr. CLELAND. Mr. President. I am resentatives of the United States of America in recommended for approval by the board very proud to be a Vietnam veteran Congress assembled, under paragraph (1), the Secretary shall include in the report of the Secretary under and to have served as director of the SECTION 1. SHORT TITLE. Department of Veterans Affairs, VA, section 4(b) notice of such selection and the This Act may be cited as the ‘‘Veterans’ Secretary’s reasons for not following the rec- from 1977 to 1980. The VA has continued Hospital Emergency Repair Act’’. ommendation of the board with respect to to provide high quality health care to SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FA- the project. CILITY PROJECTS FOR PATIENT our Nation’s veterans and is a health SEC. 3. AUTHORIZATION OF APPROPRIATIONS. CARE IMPROVEMENTS. care system leader on patient safety (a) IN GENERAL.—There are authorized to N GENERAL.—(1) The Secretary of Vet- tracking, long-term care, Post-Trau- (a) I be appropriated to the Secretary of Veterans matic Stress disorder treatment and erans Affairs is authorized to carry out Affairs for the Construction, Major Projects, major medical facility projects in accord- dozens of other innovative health care account for projects under section 2— ance with this section, using funds appro- (1) $250,000,000 for fiscal year 2002; and programs. The VA Health Care System priated for fiscal year 2002 or fiscal year 2003 has also enhanced its access to vet- (2) $300,000,000 for fiscal year 2003. pursuant to section 3. The cost of any such (b) LIMITATION.—Projects may be carried erans with the development of approxi- project may not exceed $25,000,000. out under section 2 only using funds appro- mately 600 community-based out- (2) Projects carried out under this section priated pursuant to the authorization of ap- patient clinics, CBOC’s, across the Na- are not subject to section 8104(a)(2) of title propriations in subsection (a). 38, United States Code. tion. SEC. 4. REPORTS. (b) PURPOSE OF PROJECTS.—A project car- But as I visit the VA medical centers (a) GAO REPORT.—Not later than April 1, ried out pursuant to subsection (a) may be in Georgia and across the Nation, I am 2003, the Comptroller General shall submit to carried out only at a Department of Vet- the Committees on Veterans’ Affairs and on very alarmed to see patient care areas erans Affairs medical center and only for the which look as if they have not been Appropriations of the Senate and House of purpose of improving, renovating, and updat- Representatives a report evaluating the ad- renovated or upgraded in decades. ing to contemporary standards patient care vantages and disadvantages of congressional These VA medical centers serve as the facilities. In selecting medical centers for authorization for projects of the type de- hub for all major health care activities projects under subsection (a), the Secretary scribed in section 2(b) through general au- and can not be compromised without shall select projects to improve, renovate, or thorization as provided by section 2(a), rath- affecting veterans’ care. The presi- update facilities to achieve one or more of er than through specific authorization as the following: dent’s annual budget for the VA has would otherwise be applicable under section (1) Seismic protection improvements re- 8104(a)(2) of title 38, United States Code. not requested crucial funding for major lated to patient safety. medical facility construction. The VA Such report shall include a description of the (2) Fire safety improvements. actions of the Secretary of Veterans Affairs is currently reevaluating their present (3) Improvements to utility systems and during fiscal year 2002 to select and carry VA facility infrastructure needs ancillary patient care facilities. out projects under section 2. through a process known as CARES or (4) Improved accommodation for persons (b) SECRETARY REPORT.—Not later than 120 the ‘‘Capital Assets Realignment for with disabilities, including barrier-free ac- days after the date on which the site for the Enhanced Services.’’ Veteran health cess. final project under section 2 is selected, the (5) Improvements to facilities carrying out Secretary shall submit to the committees re- care and safety may pay the price as specialized programs of the Department, in- this process may take years to com- ferred to in subsection (a) a report on the au- cluding the following: thorization process under section 2. The Sec- plete. With the increasing numbers of (A) Blind rehabilitation centers. retary shall include in the report the fol- female veterans, many inpatient rooms (B) Facilities carrying out inpatient and lowing: and bathrooms continue to be inad- residential programs for seriously mentally (1) A listing by project of each project se- equate to provide needed space and pri- ill veterans, including mental illness re- lected by the Secretary under that section, vacy. Many VA facilities, like the VA search, education, and clinical centers. together with a prospectus description of the Spinal Cord Injury Center in Augusta, (C) Facilities carrying out residential and purposes of the project, the estimated cost of rehabilitation programs for veterans with the project, and a statement attesting to the Georgia, which serves veterans from substance-use disorders. Alabama, Georgia, South Carolina, review of the project under section 2(c), and, (D) Facilities carrying out physical medi- if that project was not recommended by the North Carolina, and Tennessee have cine and rehabilitation activities. board, the Secretary’s justification under long waits for care. At least 25 VA con- (E) Facilities providing long-term care, in- section 2(d) for not following the rec- struction projects across the Nation cluding geriatric research, education, and ommendation of the board. would be appropriate for consideration. clinical centers, adult day care centers, and (2) An assessment of the utility to the De- A Price Waterhouse report rec- nursing home care facilities. partment of Veterans Affairs of the author- ommended that VA spend from 2 to 4 (F) Facilities providing amputation care, ization process. including facilities for prosthetics, orthotics (3) Such recommendations as the Secretary percent of its plant replacement value, programs, and sensory aids. PRV, on upkeep and replacement of considers appropriate for future congres- (G) Spinal cord injury centers. sional policy for authorizations of major and current medical centers. Based on a (H) Facilities carrying out traumatic brain minor medical facility construction projects PRV of $35 billion, for fiscal year 2001, injury programs. for the Department. VA would need approximately $170 mil- (I) Facilities carrying out women veterans’ (4) Any other matter that the Secretary lion to meet these basic safety and up- health programs (including particularly pro- considers to be appropriate with respect to keep needs. The VA health care system grams involving privacy and accommodation oversight by Congress of capital facilities is the largest health care provider in for female patients). projects of the Department. (J) Facilities for hospice and palliative the nation, yet we are not maintaining care programs. By Mr. HATCH: these essential medical centers. I urge (c) REVIEW PROCESS.—(1) Before a project is my colleagues to support the Veterans submitted to the Secretary with a rec- S. 1282. A bill to amend the Internal Hospitals Emergency Repair Act and to ommendation that it be approved as a Revenue Code of 1986 to exclude from provide the crucial assistance needed project to be carried out under the authority gross income of individual taxpayers now for our veterans. This proposal of this section, the project shall be reviewed discharges of indebtedness attributable would give the VA Secretary limited by an independent board within the Depart- to certain forgiven residential mort- authority to complete identified med- ment of Veterans Affairs constituted by the Secretary to evaluate capital investment gages obligations; to the Committee on ical facility projects thus helping to projects. The board shall review each such Finance. preserve the VA health care system project to determine the project’s relevance Mr. HATCH. Mr. President, I rise until the CARES process can be com- to the medical care mission of the Depart- today to introduce the Mortgage Can- pleted. ment and whether the project improves, ren- cellation Act of 2001. This bill would fix

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8479 a flaw in the tax code that unfairly that in the case where the lender for- (relating to exclusion from gross income) is harms homeowners who sell their home gives part of the mortgage, there will amended by striking ‘‘or’’ at the end of both at a loss. be no taxable event. subparagraphs (A) and (C), by striking the Today, our Nation has achieved an Who are the people that are most period at the end of subparagraph (D) and inserting ‘‘, or’’, and by inserting after sub- amazing 67.5 percent rate of homeown- vulnerable to this mortgage forgive- paragraph (D) the following new subpara- ership, the highest rate in our history. ness tax dilemma? Unfortunately, peo- graph: It is notable that in recent years, the ple who have a very small amount of ‘‘(E) in the case of an individual, the in- largest category of first-time home- equity in their homes are most likely debtedness discharged is qualified residential buyers has been comprised of immi- to experience this problem. Today, indebtedness.’’. grants and minorities. This is a great about 4.6 million households have low (b) QUALIFIED RESIDENTIAL INDEBTEDNESS success story. Homeownership is still equity in their homes. Of those, about SHORTFALL.—Section 108 of the Internal Rev- the most important form of wealth ac- 2 million have no equity in their enue Code of 1986 (relating to discharge of in- cumulation in our society. homes, which is defined as less than 10 debtedness) is amended by adding at the end the following new subsection: From time to time, however, the percent of the value of the home. In a ‘‘(h) QUALIFIED RESIDENTIAL INDEBTED- value of housing in a whole market housing value downturn, these people NESS.— goes down through no fault of the would be wiped out first if they had to ‘‘(1) LIMITATIONS.—The amount excluded homeowner. A plant closes, environ- sell. under subparagraph (E) of subsection (a)(1) mental degradations are found nearby, Sixty-seven percent of these low-eq- with respect to any qualified residential in- a regional economic slump hits hard. uity owners are first-time homebuyers, debtedness shall not exceed the excess (if This happened during the 1980s in the and 26 percent of them have less than any) of— oil patch and in Southern California $30,000 of annual family income. The ‘‘(A) the outstanding principal amount of and New England at the beginning of median value of their homes is $70,000, such indebtedness (immediately before the discharge), over the 1990s. A general housing market while the median value of all homes ‘‘(B) the sum of— downturn can be devastating to what is nationally is $108,000. More than half of ‘‘(i) the amount realized from the sale of very often a family’s largest asset. Un- these low equity owners live in the the real property securing such indebtedness fortunately, a loss in value to the fam- South or in the West. reduced by the cost of such sale, and ily home may not be the worst of it. I want to emphasize that now is the ‘‘(ii) the outstanding principal amount of Sometimes when people must sell their time to correct this inequity. Today, any other indebtedness secured by such prop- homes during a downturn, they get a the National Association of Realtors erty. nasty surprise from the tax law. reports that there are no markets that ‘‘(2) QUALIFIED RESIDENTIAL INDEBTED- For example, suppose Keith and Mary are in the woeful condition of having NESS.— ‘‘(A) IN GENERAL.—The term ‘qualified resi- Turner purchased a home for $120,000 homes lose value. Still, in our slowing dential indebtedness’ means indebtedness with a five percent down payment and economy, families are vulnerable. Be- which— a mortgage of $114,000. Four years cause today’s real estate market is ‘‘(i) was incurred or assumed by the tax- later, the local housing market experi- strong, now is the optimal time to cor- payer in connection with real property used ences a downturn. While the market is rect this fundamental unfairness. The as the principal residence of the taxpayer down, the Turners must sell the home bill applies only to the circumstance in (within the meaning of section 121) and is se- because Keith was laid off and has ac- which a lender actually forgives some cured by such real property, cepted a job in another city. The house portion of a mortgage debt and is not ‘‘(ii) is incurred or assumed to acquire, construct, reconstruct, or substantially im- sells for $105,000. However, the Turners intended to be an insurance policy prove such real property, and still owe $112,000 on their mortgage. against economic loss. My bill provides ‘‘(iii) with respect to which such taxpayer They are $7,000 short on what they owe safeguards against abuse and will help makes an election to have this paragraph on the mortgage, but have no equity families at a time when they are most apply. and received no cash. in need of relief. ‘‘(B) REFINANCED INDEBTEDNESS.—Such Often, homeowners who must sell The estimated revenue effect of this term shall include indebtedness resulting their home at a loss are able to nego- bill is not large. The Joint Committee from the refinancing of indebtedness under tiate with their mortgage holder to for- on Taxation last year estimated that subparagraph (A)(ii), but only to the extent give all or part of the mortgage bal- this correction would result in a loss to the refinanced indebtedness does not exceed the amount of the indebtedness being refi- ance that exceeds the selling price. the Treasury of only about $27 million nanced. However, under current tax law, the over five years and $64 million over ten ‘‘(C) EXCEPTIONS.—Such term shall not in- amount forgiven is taxable income to years. Again, it is important to note clude qualified farm indebtedness or quali- the seller, taxed at ordinary rates. that if we wait to correct this problem fied real property business indebtedness.’’. In the case of the Turner family, the until it becomes more widespread, and (c) CONFORMING AMENDMENTS.— mortgage holder agreed to forgive the thus more expensive, it will be much (1) Paragraph (2) of section 108(a) of the In- $7,000 excess of the mortgage balance more difficult to find the necessary off- ternal Revenue Code of 1986 is amended— over the sales price. However, under set. (A) in subparagraph (A) by striking ‘‘and current law, this means the Turners I hope my colleagues will take a (D)’’ and inserting ‘‘(D), and (E)’’, and (B) by amending subparagraph (B) to read will have to recognize this $7,000 as close look at this small, but important, as follows: taxable income at a time when they bill, and join me in sponsoring it and ‘‘(B) INSOLVENCY EXCLUSION TAKES PRECE- can least afford it. This is true even pushing for its inclusion in the next ap- DENCE OVER QUALIFIED FARM EXCLUSION, though the family suffered a $15,000 propriate tax cut bill the Senate con- QUALIFIED REAL PROPERTY BUSINESS EXCLU- loss on the sale of the home. siders. SION, AND QUALIFIED RESIDENTIAL SHORTFALL I find this predicament both ironic I ask unanimous consent that a copy EXCLUSION.—Subparagraphs (C), (D), and (E) and unfair. If this same family, under of the bill be printed in the RECORD. of paragraph (1) shall not apply to a dis- better circumstances, had been able to There being no objection, bill was or- charge to the extent the taxpayer is insol- vent.’’. dered to be printed in the RECORD, as sell their house for $150,000 instead of (2) Paragraph (1) of section 108(b) of such $105,000, then they would owe nothing follows: Code is amended by striking ‘‘or (C)’’ and in- in tax on the gain under current tax S. 1282 serting ‘‘(C), or (E)’’. law because gains on a principal resi- Be it enacted by the Senate and House of Rep- (3) Subsection (c) of section 121 of such dence are tax-exempt up to $500,000. I resentatives of the United States of America in Code is amended by adding at the end the believe that this discrepancy creates a Congress assembled, following new paragraph: tax inequity that begs for relief. SECTION 1. SHORT TITLE. ‘‘(3) SPECIAL RULE RELATING TO DISCHARGE It is simply unfair to tax people right This Act may be cited as the ‘‘Mortgage OF INDEBTEDNESS.—The amount of gain at the time they have had a serious Cancellation Relief Act of 2001’’. which (but for this paragraph) would be excluded from gross income under subsection loss and have no cash with which to SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE OB- (a) with respect to a principal residence shall pay the tax. The bill I introduce today, LIGATIONS. be reduced by the amount excluded from the Mortgage Cancellation Relief Act, (a) IN GENERAL.—Paragraph (1) of section gross income under section 108(a)(1)(E) with will relieve this unfair tax burden so 108(a) of the Internal Revenue Code of 1986 respect to such residence.’’.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8480 CONGRESSIONAL RECORD — SENATE July 31, 2001 (d) EFFECTIVE DATE.—The amendments an anti-gay initiative, and incorrectly in which these workers live was clear made by this section shall apply to dis- assumed he was gay. He soon lost from a survey of gay men and lesbians charges after the date of the enactment of workplace responsibilities and was the in Philadelphia. Over three-quarters this Act. victim of harassment, including hate told those conducting the survey that By Mr. KENNEDY (for himself, mail. After lengthy administrative pro- they sometimes or always hide their Mr. SPECTER, Mr. JEFFORDS, ceedings, he was finally able to have orientation at work out of fear of discrimination. Mr. LIEBERMAN, Mr. DASCHLE, the false charges removed from his The toll this discrimination takes ex- Mr. AKAKA, Mr. BAUCUS, Mr. record, but he was transferred to an- tends far beyond its effect on the indi- BAYH, Mr. BIDEN, Mr. BINGA- other station. The overwhelming majority of Amer- viduals who live without full employ- MAN, Mrs. BOXER, Ms. CANT- icans oppose this kind of flagrant dis- ment opportunities. It also takes an WELL, Mr. CARPER, Mr. CHAFEE, crimination. Businesses of all sizes, unacceptable toll on America’s defini- Mr. CLELAND, Mrs. CLINTON, Mr. labor unions, and a broad religious coa- tion of itself as a land of equality and CORZINE, Mr. DAYTON, Mr. lition all strongly support the Employ- opportunity, as a place where we judge DODD, Mr. DURBIN, Mr. ment Non-Discrimination Act. America each other on our merits, and as a EDWARDS, Mr. FEINGOLD, Mrs. will not achieve its promise of true jus- country that teaches its children that FEINSTEIN, Mr. HARKIN, Mr. tice and equal opportunity for all until anyone can succeed here as long as INOUYE, Mr. KERRY, Mr. KOHL, we end all forms of discrimination. they are willing to do their job and Ms. LANDRIEU, Mr. LEAHY, Mr. Mr. LIEBERMAN. Mr. President, I work hard. LEVIN, Ms. MIKULSKI, Mrs. MUR- am delighted to join with Senators This bill provides for equality and RAY, Mr. NELSON of Florida, Mr. KENNEDY, SPECTER, JEFFORDS and fairness, that and no more. It says only REED, Mr. REID, Mr. SARBANES, many other colleagues as an original what we already have said for women, Mr. SCHUMER, Mr. SMITH of Or- cosponsor of this important legislation, for people of color and for others: that egon, Ms. STABENOW, Mr. the Employment Non-Discrimination you are entitled to have your ability to TORRICELLI, Mr. WELLSTONE, Act of 2001. By guaranteeing that earn a living depend only on your abil- and Mr. WYDEN): American workers cannot lose their ity to do the job and nothing else. S. 1284. A bill to prohibit employ- This bill would bring our Nation one jobs simply because of their sexual ori- ment discrimination on the basis of large step closer to realizing the vision entation, this bill would extend the sexual orientation; to the Committee that Thomas Jefferson so eloquently bedrock American values of fairness on Health, Education, Labor, and Pen- expressed 225 years ago when he wrote and equality to a group of our fellow sions. that all of us have a right to life, lib- citizens who too often have been denied Mr. KENNEDY. Mr. President, it’s a erty and the pursuit of happiness. I privilege to introduce the Employment the benefit of those most basic values. Two hundred and twenty-five years urge my colleagues to join me in sup- Non-Discrimination Act. porting this important legislation. ago this month, Thomas Jefferson laid Civil rights is the unfinished business Mr. SMITH of Oregon. Mr. President, out a vision of America as dedicated to of the Nation. The Civil Rights Act of I rise today to give my support for the 1964 has long prohibited job discrimina- the simple idea that all of us are cre- Employment Non Discrimination Act tion based on race, ethnic background, ated equal, endowed by our Creator of 2001 or ENDA. I believe that every gender, or religion. It is long past time with the inalienable rights to life, lib- American should have the opportunity to prohibit such discrimination based erty and the pursuit of happiness. As to work and should not be denied that on sexual orientation, and that is what Jefferson knew, our society did not in opportunity for jobs they are qualified the Employment Non-Discrimination his time live up to that ideal, but since to fill. In both my private and public Act will do. his time, we have been trying to. In life I have hired without regard to sex- Its provisions are straight-forward succeeding generations, we have ual orientation and have found both and limited. It prohibits employers worked ever harder to ensure that our areas to be enriched by this decision. from discriminating against individ- society removes unjustified barriers to ENDA would provide basic protection uals because of their sexual orientation individual achievement and that we against job discrimination based on when making decisions about hiring, judge each other solely on our merits sexual orientation. Civil Rights firing, promotion and compensation. It and not on characteristics that are ir- progress over the years has slowly ex- does not require employers to provide relevant to the task at hand. We are tended protection against discrimina- domestic partnership benefits, and it still far from perfect, but we have made tion in the workplace based on race, does not apply to the armed forces or much progress, especially over the past gender, national origin, age, religion to religious organizations. It also pro- few decades, guaranteeing equality and and disability. It is time now to extend hibits the use of quotas and pref- fairness to an increasing number of these protections to cover sexual ori- erential treatment. groups that traditionally have not had entation, the next logical step to Too many hard-working Americans the benefits of those values and of achieve equality of opportunity in the are being judged today on their sexual those protections. To African- Ameri- workplace. orientation, rather than their ability cans, to women, to disabled Americans, As a Republican, I do not believe that and qualifications. For example, after to religious minorities and to others this discrimination in the workplace working at Red Lobster for several we have extended a legally enforceable can be categorized as a conservative/ years and receiving excellent reviews, guarantee that, with respect to their liberal issue. Barry Goldwater once Kendall Hamilton applied for a pro- ability to earn a living at least, they wrote: motion at the urging of the general will be treated on their merits and not I am proud that the Republican Party has manager who knew he was gay. The ap- on characteristics unrelated to their always stood for individual rights and lib- plication was rejected after a co-work- ability to do their jobs. erties. The positive role of limited govern- er disclosed Kendall’s sexual orienta- It is time to extend that guarantee to ment has always been the defense of these tion to the management team, and the gay men and lesbians, who too often fundamental principles. Our Party has led the way in the fight for freedom and a free promotion went instead to an employee have been denied the most basic of market economy, a society where competi- of nine months whom Kendall had rights: the right to obtain and main- tion and the Constitution matter, and sexual trained. Kendall was told that his sex- tain a job. A collection of one national orientation should not . . . ual orientation ‘‘was not compatible survey and twenty city and State sur- Indeed my Republican predecessor in with Red Lobster’s belief in family val- veys found that as many as 44 percent this seat, Mark Hatfield was also a ues,’’ and that being gay had destroyed of gay, lesbian and bisexual workers strong supporter of ENDA and viewed his chances of becoming a manager. faced job discrimination in the work- discrimination as a serious societal in- Feeling he had no choice, Kendall left place at some time in their careers. justice, in both human and economic the company. Other studies have reported even great- terms: Fireman Steve Morrison suffered er discrimination, as much as 68 per- As this Nation turns the corner toward the similar discrimination. His co-workers cent of gay men and lesbians reporting 21st century, the global nature of our econ- saw him on the local news protesting employment discrimination. The fear omy is becoming more and more apparent. If

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8481 we are to compete in this marketplace, we forced national leaders to decide with- strategic nuclear weapons. Although a must break down the barriers to hiring the in minutes whether to launch nuclear precise cost estimate is not available, most qualified and talented person for the weapons. In one incident, a Russian it seems clear that reducing the stock- job. Prejudice is such a barrier. It is intoler- commander deviated from standard pile of nuclear weapons would provide able and irrational for it to color decisions in the workplace. procedures by refusing to launch, even major cost savings. though an early detection system was While a reduction in the nuclear I believe that ENDA is a well reporting an incoming nuclear attack, stockpile would improve national secu- thought-out approach to rectifying dis- a report that was inaccurate. rity and reduce costs, the 1998 defense crimination in the workplace. ENDA The second reason why maintaining authorization act now prevents the contains broad exemptions for reli- excessive numbers of nuclear weapons President from reducing such weapons gious organizations, the military and poses national security risks is that it until the Russian Duma approves the small businesses. It specifically rules encourages other nations to maintain START II treaty. The Bush Adminis- out preferential treatment or ‘‘quotas’’ large stockpiles, as well. The more tration has made it clear that it wants and does not affect our nation’s armed weapons held by other countries, the this law repealed, and would like the services. I am confident that this bill greater the risk that a rogue faction in authority to unilaterally reduce the will pass this Senate by a bipartisan one such country could gain access to nuclear stockpile. In hearings before majority. nuclear weapons and either threaten to various Senate Committees, Secretary ENDA is a simple, narrowly-crafted use them, actually use them, or trans- of Defense Donald Rumsfeld and Dep- solution to a significant omission in fer them to others. Such a faction uty Secretary of Defense Paul our civil rights law. I strongly believe could obtain weapons through force. Wolfowitz, have expressed the Adminis- that no one should be denied employ- For example, there are many poorly tration’s desire to retire immediately ment on the basis of sexual orientation guarded intercontinental ballistic mis- 50 unnecessary MX peacekeeper mis- or any other factor not related to abil- siles that are easy targets for terror- siles with some 500 warheads. The Ad- ity to do a particular job. I look for- ministration is still conducting a more ists. Senator BOB KERREY, who intro- ward to working with my colleagues to duced this legislation in the last Con- comprehensive review and may well pass ENDA and strengthen funda- gress, speculated that a relatively propose additional reductions. How- mental fairness in our society. small, well-trained group could over- ever, as Secretary Wolfowitz has testi- take the few personnel who guard some fied, ‘‘we will need the support of the By Mr. CORZINE: Congress to remove the current restric- S. 1285. A bill to provide the Presi- of the smaller installations in Russia. Alternatively, a hostile group might tions that prohibit us from getting rid dent with flexibility to set strategic of a nuclear system that we no longer nuclear delivery system levels to meet be able simply to purchase ballistic missiles on the black market. This risk need.’’ United States national security goals; Some might question whether it is may be especially relevant in Russia, to the Committee on Armed Services. appropriate to reduce the United where many military personnel are Mr. CORZINE. Mr. President, today I States stockpile without a direct as- poorly paid and a few may feel finan- am introducing legislation, the Stra- surance that other nations would re- cial pressure to collaborate with those tegic Arms Flexibility Act of 2001, that duce theirs by the same amount. How- hostile to the United States. In addi- would restore the President’s authority ever, this is flawed Cold War thinking. to manage the size of our Nation’s nu- tion, some have speculated that the As Secretary Powell has stated, we clear stockpile by repealing an obso- high cost of maintaining a large nu- have far more weapons than necessary lete law that now prevents him from clear stockpile could encourage some to devastate any opponent, real or reducing the number of nuclear weap- nuclear powers themselves to sell imagined, many times over. Clearly, ons. The Strategic Arms Flexibility weapon technologies as a mean of fi- we can reduce our stockpile without in Act of 2001 would reduce the risk of a nancing their nuclear infrastructure. any way reducing our nuclear deter- By reducing our own stockpile, we catastrophic accident or terrorist inci- rent, or our national security. dent, reduce tensions throughout the can encourage Russia to reduce its Having said this, reducing the stock- world, and save substantial taxpayer stockpile and discourage other nuclear pile is not enough. We also need to en- dollars. states from expanding theirs. In par- courage and assist others in doing so. We have far more nuclear weapons ticular, Russia is faced with the exorbi- In particular, it is important that we than would ever be necessary to win a tant annual cost of maintaining thou- help Russia by providing aid for dis- war. Based on START counting rules, sands of unnecessary ICBMs. The mantling weapons and by offering we have 7,300 strategic nuclear weap- present state of Russia’s economy other economic assistance. We also ons. Yet, as Secretary of State Colin leaves it ill-equipped to handle these need to continue to negotiate arms re- Powell has said, we could eliminate costs, a fact readily admitted by Rus- ductions and non-proliferation agree- more than half of these weapons and sian Defense Minister Igor Sergeyev. ments with other countries, including, still, ‘‘have the capability to deter any Russia has expressed an interest in re- but not limited to Russia. Unilateral actor.’’ Furthermore, the U.S. nuclear ducing its stockpile dramatically, from action can provide many benefits, but arsenal is equipped with sophisticated about 6,000 weapons to fewer than 1,000. we need multilateral agreements to guidance and information systems that However, Russia is unlikely to make more fully reduce the nuclear threat, make our nuclear weapons much more such reductions without a commensu- and prevent the spread of nuclear tech- accurate and effective than those of rate reduction by the United States. If nology. Ultimately, the nuclear threat our adversaries. This is one reason why the United States takes the first step, is a threat to all of humanity, and all we should not be overly influenced by it would provide Russia with a face- nations need to be part of a coordi- calls for maintaining strict numerical saving way to do the same, without nated effort to reduce that threat. parity. waiting for START II, which now ap- In recent months, we have renewed a While the huge number of nuclear pears unlikely to be ratified in the long-standing debate about whether to arms in our arsenal is not necessary to short term. deploy a national missile defense. Pro- fight a war, maintaining these weapons Beyond the benefits to national secu- ponents of such a system argue that it actually presents significant risks to rity of reducing our nuclear stockpile, would reduce the threat posed by nu- national security. such a reduction also would save tax- clear weapons by giving us the capac- First, it increases the risk of a cata- payers significant amounts of money. ity to deflect incoming nuclear weap- strophic accident. The more weapons According to the Center for Defense In- ons. However, many have raised serious that exist, the greater chance that a formation, in FY 01, the United States concerns about this approach, and the sensor failure or other mechanical spent $26.7 billion on operations, main- risk that it actually could reduce our problem, or an error in judgment, will tenance, and development related the national security by creating a new lead to the detonation of a nuclear United States’ nuclear program. Of arms race and heightening inter- weapon. In fact, there have been many that $26.7 billion, $12.4 billion, just national tensions. times when inaccurate sensor readings under half, goes to build, maintain, and The bill I am introducing today of- or other technical problems have operate our arsenal of tactical and fers a proven way to reduce the nuclear

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8482 CONGRESSIONAL RECORD — SENATE July 31, 2001 threat that can be accomplished quick- (1) the United States should attend and We should attend this conference, and ly and without the controversy associ- participate fully in the United Nations World lend our full support to this worthy ated with a national missile defense Conference on Racism, Racial Discrimina- cause. I believe that in the conference system. tion, Xenophobia and Related Intolerance; we have a unique opportunity to work There are few issues more important (2) the delegation sent to the conference by the United States should reflect the racial with other nations, our neighbors and than reducing the risks posed by nu- and geographic diversity of the United partners, to begin the process of ad- clear weapons. For the past half cen- States; and dressing the many crimes caused by tury, the world has lived with these (3) the President should support the con- racism, and the underlying societal weapons, and it is easy to underesti- ference and should act in such a way as to fa- causes of racism itself. This conference mate the huge threat they represent. cilitate substantial United States involve- has the power to raise awareness about Yet it is critical that we remain vigi- ment in the conference. these issues, to form international con- lant and do everything in our power to Mr. DODD. Mr. President, I rise sensus on best to combat racism, and reduce that threat. The fate of the today to discuss the possibility that to educate the international commu- world, quite literally, is at stake. the United States will not send a full nity on the ravages of racially moti- I urge my colleagues to support this delegation to the United Nations World vated persecution and conflict. simple but powerful measure. Conference Against Racism, Racial It is my hope, that the Bush Admin- f Discrimination, Xenophobia, and Re- istration will conclude that our pres- STATEMENTS ON SUBMITTED lated Intolerance. I believe this is both ence at the United Nations Conference RESOLUTIONS a worthwhile and important endeavor, on Racism, Racial Discrimination, and I am greatly troubled by the pros- Xenophobia, and Related Intolerance is pect that the United States may not vital and appropriate, and will work to SENATE RESOLUTION 142—EX- attend. ensure that problems related to U.S. PRESSING THE SENSE OF THE According to a Washington Post arti- participation are resolved before the SENATE THAT THE UNITED cle last week, the Bush Administra- conference convenes next month. I STATES SHOULD BE AN ACTIVE tion’s reservations about attending the would also hope that the President PARTICIPANT IN THE UNITED conference stem from concerns regard- would designate Secretary of State NATIONS WORLD CONFERENCE ing certain proposed items on the agen- Colin Powell to lead a racially and geo- ON RACISM, RACIAL DISCRIMI- da. The Administration’s concerns are graphically diverse delegation from the NATION, XENOPHOBIA AND RE- legitimate ones, but it is my belief that United States to the conference in LATED INTOLERANCE the Conference organizers are so anx- South Africa. Toward that end, I am Mr. DODD submitted the following ious to have high level U.S. participa- submitting a resolution which urges resolution; which was referred to the tion in Durban that contentious issues the active participation of the United Committee on Foreign Relations: can be resolved prior to the August States in the conference, and it is my S. RES. 142 event, provided the United States sig- hope that my colleagues will support Whereas racial discrimination, ethnic con- nals its genuine interest in partici- this resolution. pating. Clearly the overarching objec- flict, and xenophobia persist in various parts f of the world despite continuing efforts by the tives of the conference are of great im- international community; portance to the American people and to SENATE RESOLUTION 143—EX- Whereas in recent years the world has wit- peoples throughout the planet. As PRESSING THE SENSE OF THE nessed campaigns of ethnic cleansing; members of the global community, and SENATE REGARDING THE DE- Whereas racial minorities, migrants, asy- as a global leader and vocal advocate VELOPMENT OF EDUCATIONAL lum seekers, and indigenous peoples are per- for human rights, it would be tragic if PROGRAMS ON VETERANS’ CON- sistent targets of intolerance and violence; TRIBUTIONS TO THE COUNTRY Whereas millions of human beings con- the United States could not find a way tinue to encounter discrimination solely due to support the conference’s honorable AND THE DESIGNATION OF THE to their race, skin color, or ethnicity; ambitions. WEEK OF NOVEMBER 11 Whereas early action is required to prevent I do not need to list for my col- THROUGH NOVEMBER 17, 2001, AS the growth of ethnic hatred and to diffuse leagues all the many injustices that ‘‘NATIONAL VETERANS AWARE- potential violent conflicts; occur each day, worldwide, that can be NESS WEEK’’ Whereas the problems associated with rac- attributed to racism and ignorance, Mr. BIDEN (for himself, Mr. CONRAD, ism will be thoroughly explored at the racism’s frequent collaborator. As we United Nations World Conference against Mr. GRAHAM, Mr. LEVIN, Mr. Racism, Racial Discrimination, Xenophobia all know, despite the best efforts of the SANTORUM, Mr. AKAKA, Mr. BREAUX, and Related Intolerance, to be held in Dur- international community, the effects Mr. KENNEDY, Mr. COCHRAN, Mr. DODD, ban, South Africa from August 31 to Sep- of racial discrimination, ethnic con- Mr. NELSON of Florida, Mr. BAUCUS, Mr. tember 7, 2001; flict, and xenophobia continue to BAYH, Mr. BUNNING, Mr. DORGAN, Mrs. Whereas this conference will review threaten and victimize people the FEINSTEIN, Mr. DASCHLE, Mr. KERRY, progress made in the fight against racism world over. We have seen the violent Mr. INOUYE, Ms. LANDRIEU, Mr. LEAHY, and consider ways to better ensure the appli- devastations of racism in the former Mr. MILLER, Mr. MURKOWSKI, Mr. REID, cation of existing standards to combat rac- Yugoslavia, in Indonesia, and sadly, at ism; Mr. SARBANES, Mr. BINGAMAN, Mr. Whereas the conference will increase the home in America as well. The hateful BYRD, Mr. DAYTON, Mr. DURBIN, Mr. level of awareness about the scourge of rac- term ‘‘ethnic cleansing’’ is now all too KOHL, Mr. LIEBERMAN, Mr. MCCAIN, Mr. ism and formulate concrete recommenda- often used to describe violent inter- ROCKEFELLER, Mr. BROWNBACK, Mrs. tions on ways to increase the effectiveness of national conflicts, and, increasingly, LINCOLN, Mr. WARNER, Ms. STABENOW, the United Nations in dealing with racial international humanitarian relief ef- Mr. DOMENICI, Mr. VOINOVICH, Mrs. issues; forts focus on the tides of refugees flee- BOXER, Mr. CHAFEE, Mr. DEWINE, Mr. Whereas the conference will review the po- ing persecution based on skin color, re- GRASSLEY, Mr. HAGEL, Mr. INHOFE, Ms. litical, historical, economic, social, cultural, ligion, and ethnic heritage. The task and other factors leading to racism and ra- SNOWE, Mr. THURMOND, Ms. COLLINS, cial discrimination and formulate concrete that lays before all nations therefore, Mr. CARPER, Mr. STEVENS, Mr. ENSIGN, recommendations to further action-oriented is to peer deeply into the corners of our Mr. ROBERTS, Mr. SMITH of New Hamp- national, regional, and international meas- societies that we find most distasteful shire, and Mr. BOND) submitted the fol- ures to combat racism; and hurtful, and to shine some light lowing resolution; which was referred Whereas the conference will draw up con- honestly onto the devastation that rac- to the Committee on the Judiciary: crete recommendations to ensure that the ism has inflicted. S. RES. 143 United Nations has the resources to actively In my view, the United Nations combat racism and racial discrimination; World Conference on Racism is the Whereas tens of millions of Americans have served in the Armed Forces of the and place to begin this difficult, but crucial Whereas the United States is a member of United States during the past century; the United Nations: Now, therefore, be it process of racial introspection. It is not Whereas hundreds of thousands of Ameri- Resolved, That it is the sense of the Senate enough for the United States to pay lip cans have given their lives while serving in that— service to the ideals of racial equality. the Armed Forces during the past century;

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8483 Whereas the contributions and sacrifices of over of personnel in today’s military obligations we owe, both tangible and the men and women who served in the Armed than in previous eras when conscrip- intangible, to those who do serve and Forces have been vital in maintaining our tion was in place. Finally, the number who do sacrifice on our behalf. freedoms and way of life; of veterans who served during previous Whereas the advent of the all-volunteer The importance of this issue was conflicts, such as World War II, when Armed Forces has resulted in a sharp decline brought home to me last year by Sam- our military was many times larger in the number of individuals and families uel I. Cashdollar, who was then a 13- who have had any personal connection with than today, is inevitably declining. the Armed Forces; The net result of these changes is year-old seventh grader at Lewes Mid- Whereas this reduction in familiarity with that the percentage of the entire popu- dle School in Lewes, Delaware. Samuel the Armed Forces has resulted in a marked lation that has served in the Armed won the Delaware VFW’s Youth Essay decrease in the awareness by young people of Forces is dropping rapidly, a change Contest that year with a powerful pres- the nature and importance of the accom- that can be seen in all segments of so- entation titled ‘‘How Should We Honor plishments of those who have served in our America’s Veterans’’? Samuel’s essay Armed Forces, despite the current edu- ciety. Whereas during World War II it cational efforts of the Department of Vet- was extremely uncommon to find a pointed out that we have Nurses’ Week, erans Affairs and the veterans service orga- family in America that did not have Secretaries’ Week, and Teachers’ nizations; one of its members on active duty, now Week, to rightly emphasize the impor- Whereas our system of civilian control of there are numerous families that in- tance of these occupations, but the the Armed Forces makes it essential that clude no military veterans at all. As a contributions of those in uniform tend the Nation’s future leaders understand the consequence of this lack of opportunity to be overlooked. We don’t want our history of military action and the contributions and sacrifices of those who conduct for contacts with veterans, many of children growing up to think that Vet- such actions; and our young people have little or no con- erans Day has simply become a syn- Whereas on June 14, 2001, the Senate adopt- nection with or knowledge about the onym for department store sale, and we ed an amendment to the Better Education important historical and ongoing role don’t want to become a Nation where for Students and Teachers Act expressing of men and women who have served in more high school seniors recognize the the sense of the Senate that the Secretary of the military. This omission seems to name Britney Spears than the name Education should work with the Secretary of have persisted despite ongoing edu- Veterans Affairs, the Veterans Day National Dwight Eisenhower. cational efforts by the Department of Committee, and the veterans service organi- Now, it is appropriate to ask, ‘‘We al- zations to encourage, prepare, and dissemi- Veterans Affairs and the veterans service organizations. ready have Veterans Day, why do we nate educational materials and activities for need National Veterans Awareness elementary and secondary school students This lack of understanding about aimed at increasing awareness of the con- military veterans’ important role in Week?’’. Historically, Veterans Day tributions of veterans to the prosperity and our society can have potentially seri- was established to honor those who freedoms enjoyed by United States citizens: ous repercussions. In our country, ci- served in uniform during wartime. Al- Now, therefore, be it vilian control of the armed forces is though we now customarily honor all Resolved, That it is the sense of the Senate the key tenet of military governance. veterans on Veterans Day, I see it as a that— holiday that is focused on honoring in- (1) the week of November 11 through No- A citizenry that is oblivious to the ca- vember 17, 2001, be designated as ‘‘National pabilities and limitations of the armed dividuals, the courageous and selfless Veterans Awareness Week’’ for the purpose forces, and to its critical role through- men and women without whose actions of emphasizing educational efforts directed out our history, can make decisions our country would not exist as it does. at elementary and secondary school students that have unexpected and unwanted National Veterans Awareness Week concerning the contributions and sacrifices consequences. Even more important, would complement Veterans Day by fo- of veterans; and cusing on education as well as com- (2) the President should issue a proclama- general recognition of the importance tion calling on the people of the United of those individual character traits memoration, on the contributions of States to observe such week with appro- that are essential for military success, the many in addition to the heroism priate educational activities. such as patriotism, selflessness, sac- and service of the individual. National Mr. BIDEN. Mr. President, today I rifice, and heroism, is vital to main- Veterans Awareness Week would also have the honor of joining with 51 of my taining these key aspects of citizenship present an opportunity to remind our- colleagues in submitting a resolution in the armed forces and even through- selves of the contributions and sac- expressing the sense of the Senate that out the population at large. rifices of those who have served in the week that includes Veterans’ Day Among today’s young people, a gen- peacetime as well as in conflict; both this year be designated as ‘‘National eration that has grown up largely dur- groups work unending hours and spend Veterans Awareness Week.’’ The pur- ing times of peace and extraordinary long periods away from their families pose of National Veterans Awareness prosperity and has embraced a ‘‘me under conditions of great discomfort so Week is to serve as a focus for edu- first’’ attitude, it is perhaps even more that we all can live in a land of free- cational programs designed to make important to make sure that there is dom and plenty. students in elementary and secondary solid understanding of what it has Earlier this year, the Senate adopted schools aware of the contributions of taken to attain this level of comfort my amendment to the education bill veterans and their importance in pre- and freedom. The failure of our chil- serving American peace and prosperity. dren to understand why a military is calling on the Department of Edu- Why do we need such an educational important, why our society continues cation to assist in the development of effort? In a sense, this action has be- to depend on it for ultimate survival, educational programs to enlighten our come necessary because we are victims and why a successful military requires country’s students about the contribu- of our own success with regard to the integrity and sacrifice, will have pre- tions of veterans. Last year, my Reso- superior performance of our armed dictable consequences as these young- lution designating National Veterans forces. The plain fact is that there are sters become of voting age. Even Awareness Week had 60 cosponsors and just fewer people around now who have though military service is a responsi- was approved in the Senate by unani- had any connection with military serv- bility that is no longer shared by a mous consent. I ask my colleagues to ice. For example, as a result of tremen- large segment of the population, as it continue this trend of support for our dous advances in military technology has been in the past, knowledge of the veterans by endorsing this resolution and the resultant productivity in- contributions of those who have served again this year. Our children and our creases, our current armed forces now in the Armed Forces is as important as childrens’ children will need to be well operate effectively with a personnel it has ever been. To the extent that informed about what veterans have ac- roster that is one-third less in size many of us will not have the oppor- complished in order to make appro- than just 10 years ago. In addition, the tunity to serve our country in uniform, priate decisions as they confront the success of the all-volunteer career-ori- we must still remain cognizant of our numerous worldwide challenges that ented force has led to much lower turn- responsibility as citizens to fulfill the they are sure to face in the future.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8484 CONGRESSIONAL RECORD — SENATE July 31, 2001 SENATE RESOLUTION 144—COM- and democratic transfer of executive power sary of independence and supports peace, MENDING JAMES W. ZIGLAR FOR among the independent states of the former prosperity, and democracy in Ukraine; HIS SERVICE TO THE UNITED Soviet Union; (2) Ukraine has made significant progress STATES SENATE Whereas five years ago, on June 28, 1996, in its political reforms during the first ten Ukraine’s parliament voted to adopt a years of its independence, as is evident by Mr. LOTT (for himself and Mr. Ukrainian Constitution, which upholds the the adoption of its Constitution five years DASCHLE) submitted the following reso- values of freedom and democracy, ensures a ago; lution; which was considered and citizen’s right to own private property, and (3) the territorial integrity, sovereignty, agreed to: outlines the basis for the rule of law in and independence of Ukraine within its ex- Ukraine without regard for race, religion, isting borders is an important factor of peace S. RES. 144 creed, or ethnicity; and stability in Europe; Whereas James W. Ziglar was elected the Whereas Ukraine has been a paragon of (4) the President, the Prime Minister, and 35th Sergeant at Arms and Doorkeeper of the inter-ethnic cooperation and harmony as evi- Parliament of Ukraine should continue to United States Senate on October 15, 1998 denced by the OSCE’s and the United States enact political reforms necessary to ensure Whereas ‘‘Jim’’ served the United States State Department’s annual human rights re- that the executive, legislative, and judicial Senate with great dedication, integrity and ports and the international community’s branches of the Government of Ukraine professionalism; commendation for Ukraine’s peaceful han- transparently represent the interests of the Whereas Jim Ziglar always performed his dling of the Crimean secession disputes in Ukrainian people; duties with unfailing good humor and bipar- 1994; (5) the Government and President of tisanship; Whereas Ukraine, through the efforts of its Ukraine should promote fundamental demo- Whereas as Sergeant at Arms and Door- government, has reversed the downward cratic principles of freedom of speech, assem- keeper of the Senate Jim Ziglar has utilized trend in its economy, experiencing the first bly, and a free press; his previous 23 years in the public financial real economic growth since its independence (6) the Government and President of industry to the benefit of the entire Senate in fiscal year 2000 and the first quarter of Ukraine should actively pursue in an open in implementing new and innovative pro- 2001; and transparent fashion investigations into grams in an efficient and effective manner. Whereas Ukraine furthered the privatiza- violence committed against journalists, in- Whereas James W. Ziglar will leave the tion of its economy through the privatiza- cluding the murders of Heorhiy Gongadze Senate in August for the position of the tion of agricultural land in 2001, when the and Ihor Oleksandorv Commissioner of Immigration and Natu- former collective farms were turned over to (7) the Government of Ukraine (including ralization: Now, therefore, be it corporations, private individuals, or coopera- the President and Parliament of Ukraine) Resolved, That the United States Senate tives, thus creating an environment that should uphold international standards and commends James W. Ziglar for his service to leads to greater economic independence and procedures of free and fair elections in prepa- the United States Senate, and wishes to ex- prosperity; ration for its upcoming parliamentary elec- press its deep appreciation and gratitude. Whereas Ukraine has taken major steps to tions in March 2002; SEC. 2. The Secretary of the Senate shall stem world nuclear proliferation by ratifying (8) the Government of Ukraine (including transmit a copy of this resolution to James the START I Treaty on nuclear disarmament the President and Parliament of Ukraine) W. Ziglar. and the Treaty on the Non-Proliferation of should continue to accelerate its efforts to f Nuclear Weapons, subsequently has turned transform its economy into one founded over the last of its Soviet-era nuclear war- upon free market principles and governed by SENATE CONCURRENT RESOLU- heads on June 1, 1996, and in 1998 agreed not the rule of law; TION 62—CONGRATULATING to assist Iran with the completion of a nu- (9) the United States supports all efforts to UKRAINE ON THE 10TH ANNIVER- clear power plant in Bushehr thought to be promote a civil society in Ukraine that fea- SARY OF THE RESTORATION OF used for the possible production of weapons tures a vibrant community of nongovern- ITS INDEPENDENCE AND SUP- of mass destruction; mental organizations (NGOs) and an active, PORTING ITS FULL INTEGRA- Whereas Ukraine has found many methods independent, and free press; to implement military cooperation with its (10) the Government of Ukraine (including TION INTO THE EURO-ATLANTIC European neighbors, as well as peacekeeping the President and Parliament of Ukraine) COMMUNITY OF DEMOCRACIES initiatives worldwide, as exhibited by should follow a westward-leaning foreign Mr. HELMS (for himself, Mr. BIDEN, Ukraine’s participation in the KFOR and policy whose priority is the integration of and Mr. LEVIN) submitted the following IFOR missions in the former Yugoslavia, and Ukraine into Euro-Atlantic structures; concurrent resolution; which was re- offering up its own forces to be part of the (11) the President of the United States greater United Nations border patrol mis- should continue to consider the interests and ferred to the Committee on Foreign sions in the Middle East and the African con- security of Ukraine in reviewing or revising Relations: tinent; any European military and security arrange- S. CON. RES. 62 Whereas Ukraine became a member of the ments, understandings, or treaties; and Whereas August 24, 2001, marks the tenth North Atlantic Cooperation Council of the (12) the President of the United States anniversary of the restoration of independ- North Atlantic Treaty Alliance (NATO), should continue to support and encourage ence in Ukraine; signed a NATO-Ukraine Charter at the Ma- Ukraine’s role in NATO’s Partnership for Whereas the United States, having recog- drid Summit in July 1997, and has been a par- Peace program and the deepening of nized Ukraine as an independent state on De- ticipant in the Partnership for Peace (PfP) Ukraine’s relationship with NATO. cember 25, 1991, and having established diplo- program since 1994 with regular training ma- SEC. 2. TRANSMITTAL OF THE RESOLUTION. matic relations with Ukraine on January 2, neuvers at the Yavoriv military base in The Secretary of the Senate shall transmit 1992, recognizes that fulfillment of the vision Ukraine and on Ukraine’s southern-most a copy of this resolution to the President of of a Europe whole, free, and secure requires shores of the Black Sea; the United States with the further request a strong, stable, democratic Ukraine fully Whereas on June 7, 2001, Ukraine signed a that the President transmit such copy to the integrated in the Euro-Atlantic community charter for the GUUAM (Georgia, Ukraine, Government of Ukraine. of democracies; Uzbekistan, Azerbaijan, and Moldova) alli- Whereas, during the fifth anniversary com- ance, in hopes of promoting regional inter- f memorating Ukraine’s independence, the ests, increasing cooperation, and building United States established a strategic part- economic stability; and SENATE CONCURRENT RESOLU- nership with Ukraine to promote the na- Whereas 15 years ago, the Soviet-induced TION 63—RECOGNIZING THE IM- tional security interests of the United States nuclear tragedy of Chornobyl gripped PORTANT CONTRIBUTIONS OF in a free, sovereign, and independent Ukrain- Ukrainian lands with insurmountable curies THE YOUTH FOR LIFE: REMEM- ian state; of radiation which will affect generations of BERING WALTER PAYTON INI- Whereas Ukraine is an important European Ukraine’s inhabitants, and thus, now, Ukraine promotes safety for its citizens and TIATIVE AND ENCOURAGING nation, having the second largest territory PARTICIPATION IN THIS NATION- and sixth largest population in Europe; its neighboring countries, as well as concern Whereas Ukraine is a member of inter- for the preservation of the environment by WIDE EFFORT TO EDUCATE national organizations such as the Council of closing the last Chornobyl nuclear reactor YOUNG PEOPLE ABOUT ORGAN Europe and the Organization on Security and on December 15, 2000: Now, therefore, be it AND TISSUE DONATION Resolved by the Senate (the House of Rep- Cooperation in Europe (OSCE), as well as Mr. DURBIN (for himself, Mr. FRIST, international financial institutions such as resentatives concurring), Mr. ALLEN, and Mr. KENNEDY) sub- the International Monetary Fund (IMF), the SECTION 1. SENSE OF CONGRESS. World Bank, and the European Bank for Re- It is the sense of Congress that— mitted the following concurrent resolu- construction and Development (EBRD); (1) as a leader of the democratic nations of tion; which was referred to the Com- Whereas in July 1994, Ukraine’s presi- the world, the United States congratulates mittee on Health, Education, Labor, dential elections marked the first peaceful the people of Ukraine on their tenth anniver- and Pensions:

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8485 S. CON. RES. 63 Walter Payton broke Jim Brown’s sue rejection. Increased rates of suc- Whereas more than 76,000 men, women, and all-time rushing record on October 7, cess have inspired more and more in- children currently await life-saving trans- 1984, and the Youth for Life: Remem- surers to include transplant procedures plants; bering Walter Payton program orga- and medication as part of the coverage Whereas every 14 minutes another name is nizers have decided to launch their ef- they offer. Yet we continue to neglect added to the national transplant waiting forts on October 9, 2001 to commemo- an important part of the equation for list; Whereas people of all ages and medical his- rate this accomplishment. While his saving and improving the lives of those tories are potential organ, tissue, and blood record-breaking performance on the patients waiting list for an organ or donors; football field as a Chicago Bear set him tissue transplant: Identifying and re- Whereas more than 2,300 of those awaiting apart from his competitors, his strug- ferring potential donors. transplants are under the age of 18; gle to find a suitable organ donor is all Progress in the field of transplant Whereas approximately 14,000 children and too common. science is truly remarkable. This young adults under the age of 18 have do- More than 2,300 individuals suffering progress is why I vote time and time nated organs or tissue since 1988; from a condition serious enough to again to invest in medical research. Whereas science shows that acceptance place them on the waiting list for an This progress is also why I stand before rates increase when donors are matched to recipients by age; organ or tissue transplant are under my colleagues once again to emphasize Whereas organ donation is often a family the age of 18. Last year, 641 of those pa- the critical role played by groups like decision, and sharing a decision to become a tients were between the ages of 11 and Youth for Life: Remembering Walter donor with family members can help to en- 17. The Youth for Life: Remembering Payton. sure a donation when an occasion arises; Walter Payton program highlights the The number of registered organ and Whereas nationwide there are up to 15,000 fact that Americans of all ages need tissue donors remains woefully inad- potential donors annually, but consent from organ and tissue transplants. Many equate. Every 14 minutes another indi- family members to donation is received for factors influence whether or not a vidual joins the waiting list for an less than 6,000; Whereas educating young people about transplant will be successful, and organ or tissue donation. Identifying organ and tissue donation promotes family matching donor and recipient age is more donors and encouraging them to discussions over the desire of family mem- one way to improve surgery outcomes. discuss consent with their next-of-kin bers to become organ donors; Anyone can become an organ and tis- is a part of the battle against disease Whereas Youth For Life: Remembering sue donor, and I would also like to em- that we are not winning. We cannot af- Walter Payton is committed to educating phasize how important it is that young ford to neglect the important work of young adults about organ donation and en- people both learn about organ and tis- groups that raise awareness about couraging students to discuss this decision sue donation and share that knowledge organ and tissue donation. Increasing with their family and register to be organ donors; with their families. knowledge about and inspiring interest Whereas the Youth For Life: Remembering I am submitting a resolution that in this issue is the only way we can en- Walter Payton program is dedicated to foot- will support the purposes and objec- sure that innovations in the laboratory ball legend Walter Payton, who broke the tives of the Youth for Life: Remem- and increased proficiency among med- NFL career rushing record on October 7, 1984; bering Walter Payton program and en- ical providers make a difference in the and courage more young people to learn lives of those patients waiting for a Whereas Youth For Life: Remembering about organ and tissue donation. I am transplant. The need for more donors is Walter Payton Day will be held on October 9, pleased that Senators ALLEN, KENNEDY acute, and without groups like Youth 2001: Now, therefore, be it Resolved by the Senate (the House of Rep- and FRIST have joined me in cospon- for Life: Remembering Walter Payton, resentatives concurring), That Congress— soring this resolution. In the House of the number of patients who die while (1) supports the purposes and objectives of Representatives, Representative waiting for a transplant will only in- Youth For Life: Remembering Walter BROWN of Ohio and Representative crease. Payton; and LARGENT of Oklahoma have also chosen I introduced my ‘‘Give Thanks, Give (2) encourages all young people to learn to lend their support to this program. Life’’ resolution in 1999, which empha- about the importance of organ, tissue, bone My colleagues know how far we have sized the importance of discussing marrow, and blood donations and to discuss come in this field of medicine, espe- organ and tissue donation with family these donations with their families and cially Senator FRIST, himself a trans- friends. members to ensure that the desire to plant surgeon. The first successful donate would be honored. At that time, Mr. DURBIN. Madam President, I transplant was the result of a kidney there were 66,000 patients waiting for stand before my colleagues today to ac- donation from one identical twin to an- transplants. 76,000 individuals are wait- knowledge the contributions made by a other. It occurred 47 years ago, without dedicated group of young people from ing today. Of the 16,000 potential do- the use of any anti-rejection medica- my home State of Illinois. John nors each year, less than half will actu- tion. The first liver and heart trans- McCaskey, Erin Kinsella and Mark ally result in a donation of an organ or plants followed, and progress has con- Pendleton have initiated a unique pro- tissue, because too many potential do- gram to raise awareness among young tinued at breakneck speed. Today, nors fail to discuss their desire to do- adults about organ donation. transplant procedures are more com- nate with family members. Youth for Life: Remembering Walter mon, successful and safe. Patients suf- For those 76,000 Americans who are Payton works in partnership with the fering from kidney failure, diabetes, on the waiting list for an organ or tis- National Football League, NFL, to heart disease and hepatitis C are just sue donation, identifying and referring urge students to become organ donors. some of the individuals whose lives more donors is a matter of life or Informational school forums will ac- have been saved or vastly improved by death. Once the decision to become a quaint students with the issue and advances in heart, liver, lung and tis- donor is made, family members must those who decide to sign an organ sue transplant science. be made aware of the donor’s intention. donor card will receive an autograph In addition to expanding the list of Youth for Life: Remembering Walter from an NFL player. Program orga- disorders treatable or curable with an Payton is a commendable program be- nizers call it ‘‘an autograph for an au- organ or tissue transplant, doctors and cause it tackles both of these barriers tograph,’’ and to date, they have en- scientists have improved the success to linking organ and tissue donors with listed the help of players, coaches and and safety of transplant surgery. Organ patients in need. Not only does the pro- alumni from every NFL team. and tissue recipients survive and thrive gram encourage more individuals to The program honors Walter Payton, today because investments in bio- become donors, it also recognizes that the Illinois football star who brought medical research have broadened our young people can take a leading role in to the Nation’s attention the difficul- understanding of the immunological initiating family discussion about in- ties patients face while on the waiting factors that can enhance donor and re- tentions to be an organ and tissue list for a donated organ. The NFL’s all- cipient compatibility. Work in the lab- donor. time rushing leader, Payton died two oratory has led to the discovery of var- This resolution affirms the goals and years ago while waiting for a liver ious immunosuppressive drugs that de- ideas of the Youth for Life: Remem- transplant at age 46. crease the likelihood of organ and tis- bering Walter Payton program, and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8486 CONGRESSIONAL RECORD — SENATE July 31, 2001 urges young people to learn more about SA 1206. Mr. FITZGERALD submitted an tion) that previously received a payment the value of organ and tissue donation amendment intended to be proposed by him under such section. and share that information with family to the bill S. 1246, supra; which was ordered (b) SPECIAL RULE FOR GEORGIA.—The Sec- to lie on the table. retary may make payments under this sec- members. I commend the program’s SA 1207. Mr. FITZGERALD submitted an tion to eligible persons in Georgia only if the founders for all the good work they amendment intended to be proposed by him State of Georgia agrees to use the sum of have done thus far, and ask that my to the bill S. 1246, supra; which was ordered $13,000,000 to make payments at the same colleagues join me in recognizing their to lie on the table. time, or subsequently, to the same persons efforts. SA 1208. Mr. FITZGERALD submitted an in the same manner as provided for the Fed- f amendment intended to be proposed by him eral payments under this section, as required to the bill S. 1246, supra; which was ordered by section 204(b)(6) of the Agricultural Risk AMENDMENTS SUBMITTED AND to lie on the table. Protection Act of 2000. PROPOSED SA 1209. Mr. VOINOVICH submitted an SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAY- SA 1190. Mr. LUGAR proposed an amend- amendment intended to be proposed by him MENT. ment to the bill S. 1246, to respond to the to the bill S. 1246, supra. The Secretary shall use $16,940,000 of funds SA 1210. Mr. AKAKA (for himself, Mr. GRA- continuing economic crisis adversely affect- of the Commodity Credit Corporation to pro- HAM, Mr. SMITH, of New Hampshire, Mr. ing American agricultural producers. vide a supplemental payment under section CLELAND, Mr. SCHUMER, Mr. DURBIN, Mr. SA 1191. Mr. SPECTER (for himself, Ms. 814 of the Agriculture, Rural Development, LEVIN, and Mrs. FEINSTEIN) submitted an LANDRIEU, Ms. COLLINS, Mr. SCHUMER, Ms. Food and Drug Administration, and Related amendment intended to be proposed by him SNOWE, Mr. LEAHY, Mr. ALLEN, Mr. BIDEN, Agencies Appropriations Act, 2001 (as en- to the bill S. 1246, supra; which was ordered Mr. BOND, Mr. BREAUX, Mrs. CARNAHAN, Mr. acted by Public Law 106–387), to producers of to lie on the table. CARPER, Mr. CHAFEE, Mr. CLELAND, Mrs. wool, and producers of mohair, for the 2000 SA 1211. Mr. MCCAIN submitted an amend- CLINTON, Mr. COCHRAN, Mr. DODD, Mr. ment intended to be proposed by him to the marketing year that previously received a EDWARDS, Mr. FRIST, Mr. GREGG, Mr. HELMS, bill S. 1246, supra; which was ordered to lie payment under such section. The Secretary Mr. HOLLINGS, Mr. JEFFORDS, Mr. KENNEDY, on the table. shall adjust the payment rate specified in Mr. KERRY, Mr. LIEBERMAN, Mrs. LINCOLN, SA 1212. Mr. LUGAR proposed an amend- such section to reflect the amount made Ms. MIKULSKI, Mr. MILLER, Mr. REED, Mr. ment to the bill S. 1246, supra. available for payments under this section. ROCKEFELLER, Mr. SARBANES, Mr. SESSIONS, f SEC. 6. SUPPLEMENTAL COTTONSEED ASSIST- Mr. SHELBY, Mr. SMITH, of New Hampshire, ANCE. Mr. THOMPSON, Mr. THURMOND, Mr. TEXT OF AMENDMENTS The Secretary shall use $84,700,000 of funds TORRICELLI, and Mr. WARNER) submitted an SA 1190. Mr. LUGAR proposed an of the Commodity Credit Corporation to pro- amendment intended to be proposed by him amendment to the bill S. 1246, to re- vide supplemental assistance under section to the bill S. 1246, supra. spond to the continuing economic cri- 204(e) of the Agricultural Risk Protection SA 1192. Mr. SMITH of Oregon submitted Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 an amendment intended to be proposed by sis adversely affecting American agri- note) to producers and first-handlers of the him to the bill S. 1246, supra; which was or- cultural producers; as follows: 2000 crop of cottonseed that previously re- dered to lie on the table. Strike everything after the enacting clause ceived assistance under such section. SA 1193. Mr. SMITH of Oregon submitted and insert the following: SEC. 7. SPECIALTY CROPS. an amendment intended to be proposed by SECTION 1. MARKET LOSS ASSISTANCE. him to the bill S. 1246, supra; which was or- (A) BASE STATE GRANTS.—The Secretary (a) ASSISTANCE AUTHORIZED.—The Sec- shall use $26,000,000 of funds of the Com- dered to lie on the table. retary of Agriculture (referred to in this Act SA 1194. Mr. GREGG submitted an amend- modity Credit Corporation to make grants to as the ‘‘Secretary’’) shall, to the maximum ment intended to be proposed by him to the the several States and the Commonwealth of extent practicable, use $4,622,240,000 of funds bill S. 1246, supra; which was ordered to lie Puerto Rico to be used to support activities of the Commodity Credit Corporation to on the table. that promote agriculture. The amount of the SA 1195. Ms. SNOWE (for herself and Mrs. make a market loss assistance payment to grant shall be— owners and producers on a farm that are eli- FEINSTEIN) submitted an amendment in- (1) $500,000 to each of the several States; tended to be proposed by her to the bill S. gible for a final payment for fiscal year 2001 and 1246, supra; which was ordered to lie on the under a production flexibility contract for (2) $1,000,000 to the Commonwealth of Puer- table. the farm under the Agriculture Market to Rico. SA 1196. Mr. GREGG submitted an amend- Transition Act (7 U.S.C. 7201 et seq.). (b) GRANTS FOR VALUE OF PRODUCTION.— ment intended to be proposed by him to the (b) AMOUNT.—The amount of assistance The Secretary shall use $133,400,000 of funds bill S. 1246, supra; which was ordered to lie made available to owners and producers on a of the Commodity Credit Corporation to on the table. farm under this section shall be propor- make a grant to each of the several States in SA 1197. Mr. GREGG submitted an amend- tionate to the amount of the total contract an amount that represents the proportion of ment intended to be proposed by him to the payments received by the owners and pro- the value of specialty crop production in the bill S. 1246, supra; which was ordered to lie ducers for fiscal year 2001 under a production State in relation to the national value of on the table. flexibility contract for the farm under the specialty crop production, as follows: SA 1198. Mr. GREGG submitted an amend- Agricultural Market Transition Act. (1) California, $63,320,000. ment intended to be proposed by him to the SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT. (2) Florida, $16,860,000. bill S. 1246, supra; which was ordered to lie The Secretary shall use $423,510,000 of funds (3) Washington, $9,610,000. on the table. of the Commodity Credit Corporation to (4) Idaho, $43,670,000. SA 1199. Mr. GREGG submitted an amend- make a supplemental payment under section (5) Arizona, $3,430,000 ment intended to be proposed by him to the 202 of the Agricultural Risk Protection Act (6) Michigan, $3,250,000. bill S. 1246, supra; which was ordered to lie of 2000 (Public Law 106–224; 7 U.S.C. 1421 (7) Oregon, $3,220,000. on the table. note) to producers of the 2000 crop of oilseeds (8) Georgia, $2,730,000. SA 1200. Mr. FITZGERALD submitted an that previously received a payment under (9) Texas, $2,660,000. amendment intended to be proposed by him such section. (10) New York, $2,660,000. to the bill S. 1246, supra; which was ordered SEC. 3. SUPPLEMENTAL PEANUT PAYMENT. (11) Wisconsin, $2,570,000. to lie on the table. The Secretary shall use $54,210,000 of funds (12) North Carolina, $1,540,000. SA 1201. Mr. FITZGERALD submitted an of the Commodity Credit Corporation to pro- (13) Colorado, $41,510,000. amendment intended to be proposed by him vide a supplemental payment under section (14) North Dakota, $1,380,000. to the bill S. 1246, supra; which was ordered 204(a) of the Agricultural Risk Protection (15) Minnesota, $1,320,000. to lie on the table. (16) Hawaii, $1,150,000. SA 1202. Mr. FITZGERALD submitted an Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 note) to producers of quota peanuts or addi- (17) New Jersey, $1,100,000. amendment intended to be proposed by him (18) Pennsylvania, $980,000. to the bill S. 1246, supra; which was ordered tional peanuts for the 2000 crop year that previously received a payment under such (19) New Mexico, $900,000. to lie on the table. (20) Maine, $880,000. section. The Secretary shall adjust the pay- SA 1203. Mr. FITZGERALD submitted an (21) Ohio, $800,000. ment rate specified in such section to reflect amendment intended to be proposed by him (22) Indiana, $660,000. to the bill S. 1246, supra; which was ordered the amount made available for payment (23) Nebraska, $640,000. to lie on the table. under this section. (24) Massachusetts, $640,000. SA 1204. Mr. FITZGERALD submitted an SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT. (25) Virginia, $620,000. amendment intended to be proposed by him (a) SUPPLEMENTAL PAYMENT.—The Sec- (26) Maryland, $500,000. to the bill S. 1246, supra; which was ordered retary shall use $129,000,000 of funds of the (27) Louisiana, $460,000. to lie on the table. Commodity Credit Corporation to provide a (28) South Carolina, $440,000. SA 1205. Mr. FITZGERALD submitted an supplemental payment under section 204(b) (29) Tennessee, $400,000. amendment intended to be proposed by him of the Agricultural Risk Protection Act of (30) Illinois, $400,000. to the bill S. 1246, supra; which was ordered 2000 (Public Law 106–224; 7 U.S.C. 1421 note) (31) Oklahoma, $390,000. to lie on the table. to eligible persons (as defined in such sec- (32) Alabama, $300,000.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8487 (33) Delaware, $290,000. tion 5.1 of chapter 19 of title 2 of the Official ALLEN, Mr. BIDEN, Mr. BOND, Mr. (34) Mississippi, $250,000. Code of Georgia), to compensate cotton gin- BREAUX, Mrs. CARNAHAN, Mr. CARPER, (35) Kansas, $210,000. ners (as defined and provided in such section) Mr. CHAFEE, Mr. CLELAND, Mrs. CLIN- (36) Arkansas, $210,000. that— TON, Mr. COCHRAN, Mr. DODD, Mr. (37) Missouri, $210,000. ‘‘(1) incurred a loss as the result of— EDWARDS, Mr. FRIST, Mr. GREGG, Mr. (38) Connecticut, $180,000. ‘‘(A) the business failure of any cotton (39) Utah, $140,000. buyer doing business in Georgia; or HELMS, Mr. HOLLINGS, Mr. JEFFORDS, (40) Montana, $140,000. ‘‘(B) the failure or refusal of any such cot- Mr. KENNEDY, Mr. KERRY, Mr. LIEBER- (41) New Hampshire, $120,000. ton buyer to pay the contracted price that MAN, Mrs. LINCOLN, Ms. MIKULSKI, Mr. (42) Nevada, $120,000. had been agreed upon by the ginner and the MILLER, Mr. REED, Mr. ROCKEFELLER, (43) Vermont, $120,000. buyer for cotton grown in Georgia on or after Mr. SARBANES, Mr. SESSIONS, Mr. (44) Iowa, $100,000. January 1, 1997, and had been purchased or SHELBY, Mr. SMITH of New Hampshire, (45) West Virginia, $90,000. contracted by the ginner from cotton pro- Mr. THOMPSON, Mr. THURMOND, Mr. ducers in Georgia; (46) Wyoming, $70,000. TORRICELLI, and Mr. WARNER) sub- ‘‘(2) paid cotton producers the amount (47) Kentucky, $60,000. mitted an amendment intended to be (48) South Dakota, $40,000. which the cotton ginner had agreed to pay (49) Rhode Island, $40,000. for such cotton received from such cotton proposed by him to the bill S. 1246, to (50) Alaska, $20,000. producers in Georgia; and respond to the continuing economic (c) SPECIALTY CROP PRIORITY.—As a condi- ‘‘(3) satisfy the procedural requirements crisis adversely affecting American ag- tion on the receipt of a grant under this sec- and deadlines specified in chapter 19 of title ricultural producers; as follows: tion, a State shall agree to give priority to 2 of the Official Code of Georgia applicable to On page 45, after line 25, insert the fol- the support of specialty crops in the use of cotton ginner claims.’’. lowing: (c) CONFORMING AMENDMENT.—Subsection the grant funds. TITLE VII—DAIRY CONSUMERS AND (c) of such section is amended by striking (d) SPECIALTY CROP DEFINED.—In this sec- PRODUCERS PROTECTION tion, the term ‘‘specialty crop’’ means any ‘‘Upon the establishment of the indemnity SEC. 701. NORTHEAST INTERSTATE DAIRY COM- agricultural crop, except wheat, feed grains, fund, and not later than October 1, 1999, the’’ and inserting ‘‘The’’. PACT. oil-seeds, cotton, rice, peanuts, and tobacco. Section 147 of the Agricultural Market SEC. 8. COMMODITY ASSISTANCE PROGRAM. SEC. 10. INCREASE IN PAYMENT LIMITATIONS RE- Transition Act (7 U.S.C. 7256) is amended— The Secretary shall use $10,000,000 of funds GARDING LOAN DEFICIENCY PAY- MENTS AND MARKETING LOAN (1) in the matter preceding paragraph (1), of the Commodity Credit Corporation to GAINS. by striking ‘‘States’’ and all that follows make a grant to each of the several States to Notwithstanding section 1001(2) of the through ‘‘Vermont’’ and inserting ‘‘States of be used by the States to cover direct and in- Food Security Act of 1985 (7 U.S.C. 1308(1)), Connecticut, Delaware, Maine, Maryland, direct costs related to the processing, trans- the total amount of the payments specified Massachusetts, New Hampshire, New Jersey, portation, and distribution of commodities in section 1001(3) of that Act that a person New York, Pennsylvania, Rhode Island, and to eligible recipient agencies. The grants shall be entitled to receive for one or more Vermont’’; shall be allocated to States in the manner contract commodities and oilseeds under the (2) by striking paragraphs (1), (3), and (7); provided under section 204(a) of the Emer- Agricultural Market Transition Act (7 U.S.C. (3) in paragraph (2), by striking ‘‘Class III- gency Food Assistance Act of 1983 (7 U.S.C. 7201 et seq.) during the 2001 crop year may A’’ and inserting ‘‘Class IV’’; 7508(a)). not exceed $150,000. (4) by striking paragraph (4) and inserting the following: SEC. 9. TECHNICAL CORRECTION REGARDING IN- SEC. 11. TIMING OF, AND LIMITATION ON, EX- DEMNITY PAYMENTS FOR COTTON PENDITURES. ‘‘(4) ADDITIONAL STATE.—Ohio is the only PRODUCERS. additional State that may join the Northeast (a) DEADLINE FOR EXPENDITURES.—All ex- (a) CONDITIONS ON PAYMENT TO STATE.— penditures required by this Act shall be Interstate Dairy Compact.’’; Subsection (b) of section 1121 of the Agri- made not later than September 30, 2001. Any (5) in paragraph (5), by striking ‘‘the pro- culture, Rural Development, Food and Drug funds made available by this Act and rejected rate of increase’’ and all that follows Administration, and Related Agencies Ap- maining unexpended by October 1, 2001, shall through ‘‘Secretary’’ and inserting ‘‘the op- propriations Act, 1999 (as contained in sec- be deemed to be unexpendable, and the au- eration of the Compact price regulation dur- tion 101(a) of division A of Public Law 105–277 thority provided by this Act to expend such ing the fiscal year, as determined by the Sec- (7 U.S.C. 1421 note), and as amended by sec- funds is rescinded effective on that date. retary (in consultation with the Commis- tion 754 of the Agriculture, Rural Develop- sion) using notice and comment procedures (b) TOTAL AMOUNT OF EXPENDITURES.—The ment, Food and Drug Administration, and total amount expended under this Act may provided in section 553 of title 5, United Related Agencies Appropriations Act, 2001 not exceed $5,500,000,000. If the payments re- States Code’’; and (as enacted by Public Law 106–387; 114 Stat. quired by this Act would result in expendi- (6) by redesignating paragraphs (2), (4), (5), 1549A–42), is amended to read as follows: tures in excess of such amount, the Sec- and (6) as paragraphs (1), (2), (3), and (4), re- ‘‘(b) CONDITIONS ON PAYMENT TO STATE.— retary shall reduce such payments on a pro spectively. The Secretary of Agriculture shall make the rata basis as necessary to ensure that such SEC. 702. SOUTHERN DAIRY COMPACT. payment to the State of Georgia under sub- expenditures do not exceed such amount. (a) IN GENERAL.—Congress consents to the section (a) only if the State— Southern Dairy Compact entered into among SEC. 12. REGULATIONS. ‘‘(1) contributes $5,000,000 to the indemnity the States of Alabama, Arkansas, Georgia, (a) PROMULGATION.—As soon as practicable fund and agrees to expend all amounts in the Kansas, Kentucky, Louisiana, Mississippi, indemnity fund by not later than January 1, after the date of the enactment of this Act, Missouri, North Carolina, Oklahoma, South 2001 (or as soon as administratively practical the Secretary and the Commodity Credit Carolina, Tennessee, Virginia, and West Vir- thereafter), to provide compensation to cot- Corporation, as appropriate, shall promul- ginia, subject to the following conditions: gate such regulations as are necessary to im- ton producers as provided in such subsection; (1) LIMITATION OF MANUFACTURING PRICE plement this Act and the amendments made ‘‘(2) requires the recipient of a payment REGULATION.—The Southern Dairy Compact from the indemnity fund to repay the State, by this Act. The promulgation of the regula- Commission may not regulate Class II, Class for deposit in the indemnity fund, the tions and administration of this Act shall be III, or Class IV milk used for manufacturing amount of any duplicate payment the recipi- made without regard to— purposes or any other milk, other than Class ent otherwise recovers for such loss of cot- (1) the notice and comment provisions of I, or fluid milk, as defined by a Federal milk ton, or the loss of proceeds from the sale of section 553 of title 5, United States Code; marketing order issued under section 8c of (2) the Statement of Policy of the Sec- cotton, up to the amount of the payment the Agricultural Adjustment Act (7 U.S.C. retary of Agriculture effective July 24, 1971 from the indemnity fund; and 608c), reenacted with amendments by the Ag- (36 Fed. Reg. 13804), relating to notices of ‘‘(3) agrees to deposit in the indemnity ricultural Marketing Act of 1937 (referred to proposed rulemaking and public participa- fund the proceeds of any bond collected by in this section as a ‘‘Federal milk marketing tion in rulemaking; and the State for the benefit of recipients of pay- order’’) unless Congress has first consented (3) chapter 35 of title 44, United States ments from the indemnity fund, to the ex- to and approved such authority by a law en- Code (commonly known as the ‘‘Paperwork tent of such payments.’’. acted after the date of enactment of this Reduction Act’’). (b) ADDITIONAL DISBURSEMENTS FROM THE joint resolution. (b) CONGRESSIONAL REVIEW OF AGENCY INDEMNITY FUND.—Subsection (d) of such sec- (2) ADDITIONAL STATES.—Florida, Nebraska, RULEMAKING.—In carrying out this section, tion is amended to read as follows: and Texas are the only additional States the Secretary shall use the authority pro- ‘‘(d) ADDITIONAL DISBURSEMENT TO COTTON that may join the Southern Dairy Compact, vided under section 808 of title 5, United GINNERS.—The State of Georgia shall use individually or otherwise. States Code. funds remaining in the indemnity fund, after (3) COMPENSATION OF COMMODITY CREDIT the provision of compensation to cotton pro- CORPORATION.—Before the end of each fiscal ducers in Georgia under subsection (a) (in- SA 1191. Mr. SPECTER (for himself, year in which a Compact price regulation is cluding cotton producers who file a contin- Ms. LANDRIEU, Ms. COLLINS, Mr. SCHU- in effect, the Southern Dairy Compact Com- gent claim, as defined and provided in sec- MER, Ms. SNOWE, Mr. LEAHY, Mr. mission shall compensate the Commodity

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8488 CONGRESSIONAL RECORD — SENATE July 31, 2001 Credit Corporation for the cost of any pur- ducers for raw milk, without preempting the but to supplement them. In the event some chases of milk and milk products by the Cor- power of states to regulate milk prices above or all federal orders in the region are discon- poration that result from the operation of the minimum levels so established. tinued, the compact shall be construed to the Compact price regulation during the fis- ‘‘In today’s regional dairy marketplace, co- provide the commission the option to replace cal year, as determined by the Secretary (in operative, rather than individual state ac- them with one or more commission mar- consultation with the Commission) using notion is needed to more effectively address keting orders pursuant to this compact. tice and comment procedures provided in the market disarray. Under our constitu- ‘‘(b) The compact shall be construed lib- section 553 of title 5, United States Code. tional system, properly authorized states erally in order to achieve the purposes and (4) MILK MARKETING ORDER ADMINIS- acting cooperatively may exercise more intent enunciated in section one. It is the in- TRATOR.—At the request of the Southern power to regulate interstate commerce than tent of this compact to establish a basic Dairy Compact Commission, the Adminis- they may assert individually without such structure by which the commission may trator of the applicable Federal milk mar- authority. For this reason, the participating achieve those purposes through the applica- keting order shall provide technical assist- states invoke their authority to act in com- tion, adaptation and development of the reg- ance to the Compact Commission and be mon agreement, with the consent of Con- ulatory techniques historically associated compensated for that assistance. gress, under the compact clause of the Con- with milk marketing and to afford the com- (b) COMPACT.—The Southern Dairy Com- stitution. mission broad flexibility to devise regu- pact is substantially as follows: ‘‘ARTICLE II. DEFINITIONS AND RULES OF latory mechanisms to achieve the purposes ‘‘ARTICLE I. STATEMENT OF PURPOSE, CONSTRUCTION of this compact. In accordance with this in- FINDINGS AND DECLARATION OF POLICY tent, the technical terms which are associ- ‘‘§ 2. Definitions ated with market order regulation and which ‘‘§ 1. Statement of purpose, findings and dec- ‘‘For the purposes of this compact, and of have acquired commonly understood general laration of policy any supplemental or concurring legislation meanings are not defined herein but the ‘‘The purpose of this compact is to recog- enacted pursuant thereto, except as may be commission may further define the terms nize the interstate character of the southern otherwise required by the context: used in this compact and develop additional dairy industry and the prerogative of the ‘‘(1) ‘Class I milk’ means milk disposed of concepts and define additional terms as it states under the United States Constitution in fluid form or as a fluid milk product, sub- may find appropriate to achieve its purposes. to form an interstate commission for the ject to further definition in accordance with ‘‘ARTICLE III. COMMISSION ESTABLISHED southern region. The mission of the commis- the principles expressed in subdivision (b) of sion is to take such steps as are necessary to section three. ‘‘§ 4. Commission established assure the continued viability of dairy farm- ‘‘(2) ‘Commission’ means the Southern ‘‘There is hereby created a commission to ing in the south, and to assure consumers of Dairy Compact Commission established by administer the compact, composed of delega- an adequate, local supply of pure and whole- this compact. tions from each state in the region. The com- some milk. ‘‘(3) ‘Commission marketing order’ means mission shall be known as the Southern ‘‘The participating states find and declare regulations adopted by the commission pur- Dairy Compact Commission. A delegation that the dairy industry is an essential agri- suant to sections nine and ten of this com- shall include not less than three nor more cultural activity of the south. Dairy farms, pact in place of a terminated federal mar- than five persons. Each delegation shall in- and associated suppliers, marketers, proc- keting order or state dairy regulation. Such clude at least one dairy farmer who is en- essors and retailers are an integral compo- order may apply throughout the region or in gaged in the production of milk at the time nent of the region’s economy. Their ability any part or parts thereof as defined in the of appointment or reappointment, and one to provide a stable, local supply of pure, regulations of the commission. Such order consumer representative. Delegation mem- wholesome milk is a matter of great impor- may establish minimum prices for any or all bers shall be residents and voters of, and sub- tance to the health and welfare of the region. classes of milk. ject to such confirmation process as is pro- ‘‘The participating states further find that ‘‘(4) ‘Compact’ means this interstate com- vided for in the appointing state. Delegation dairy farms are essential and they are an in- pact. members shall serve no more than three con- tegral part of the region’s rural commu- ‘‘(5) ‘Compact over-order price’ means a secutive terms with no single term of more nities. The farms preserve land for agricul- minimum price required to be paid to pro- than four years, and be subject to removal tural purposes and provide needed economic ducers for Class I milk established by the for cause. In all other respects, delegation stimuli for rural communities. commission in regulations adopted pursuant members shall serve in accordance with the ‘‘In establishing their constitutional regu- to sections nine and ten of this compact, laws of the state represented. The compensa- latory authority over the region’s fluid milk which is above the price established in fed- tion, if any, of the members of a state dele- market by this compact, the participating eral marketing orders or by state farm price gation shall be determined and paid by each states declare their purpose that this com- regulations in the regulated area. Such price state, but their expenses shall be paid by the pact neither displace the federal order sys- may apply throughout the region or in any commission. tem nor encourage the merging of federal or- part or parts thereof as defined in the regula- ‘‘§ 5. Voting requirements ders. Specific provisions of the compact tions of the commission. ‘‘All actions taken by the commission, ex- itself set forth this basic principle. ‘‘(6) ‘Milk’ means the lacteral secretion of cept for the establishment or termination of ‘‘Designed as a flexible mechanism able to cows and includes all skim, butterfat, or an over-order price or commission mar- adjust to changes in a regulated market- other constituents obtained from separation keting order, and the adoption, amendment place, the compact also contains a contin- or any other process. The term is used in its or rescission of the commission’s by-laws, gency provision should the federal order sys- broadest sense and may be further defined by shall be by majority vote of the delegations tem be discontinued. In that event, the the commission for regulatory purposes. present. Each state delegation shall be enti- interstate commission is authorized to regu- ‘‘(7) ‘Partially regulated plant’ means a tled to one vote in the conduct of the com- late the marketplace in replacement of the milk plant not located in a regulated area mission’s affairs. Establishment or termi- order system. This contingent authority but having Class I distribution within such nation of an over-order price or commission does not anticipate such a change, however, area. Commission regulations may exempt marketing order shall require at least a two- and should not be so construed. It is only plants having such distribution or receipts in thirds vote of the delegations present. The provided should developments in the market amounts less than the limits defined therein. establishment of a regulated area which cov- other than establishment of this compact re- ‘‘(8) ‘Participating state’ means a state ers all or part of a participating state shall sult in discontinuance of the order system. which has become a party to this compact by ‘‘By entering into this compact, the par- require also the affirmative vote of that the enactment of concurring legislation. ticipating states affirm that their ability to state’s delegation. A majority of the delega- ‘‘(9) ‘Pool plant’ means any milk plant lo- regulate the price which southern dairy tions from the participating states shall con- cated in a regulated area. farmers receive for their product is essential stitute a quorum for the conduct of the com- ‘‘(10) ‘Region’ means the territorial limits to the public interest. Assurance of a fair mission’s business. of the states which are parties to this com- and equitable price for dairy farmers ensures ‘‘§ 6. Administration and management pact. their ability to provide milk to the market ‘‘(a) The commission shall elect annually ‘‘(11) ‘Regulated area’ means any area and the vitality of the southern dairy indus- from among the members of the partici- within the region governed by and defined in try, with all the associated benefits. pating state delegations a chairperson, a regulations establishing a compact over- ‘‘Recent, dramatic price fluctuations, with vice-chairperson, and a treasurer. The com- order price or commission marketing order. a pronounced downward trend, threaten the mission shall appoint an executive director ‘‘(12) ‘State dairy regulation’ means any viability and stability of the southern dairy and fix his or her duties and compensation. state regulation of dairy prices, and associ- region. Historically, individual state regu- The executive director shall serve at the ated assessments, whether by statute, mar- latory action had been an effective emer- pleasure of the commission, and together keting order or otherwise. gency remedy available to farmers con- with the treasurer, shall be bonded in an fronting a distressed market. The federal ‘‘§ 3. Rules of construction amount determined by the commission. The order system, implemented by the Agricul- ‘‘(a) This compact shall not be construed commission may establish through its by- tural Marketing Agreement Act of 1937, es- to displace existing federal milk marketing laws an executive committee composed of tablishes only minimum prices paid to pro- orders or state dairy regulation in the region one member elected by each delegation.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8489 ‘‘(b) The commission shall adopt by-laws ‘‘(4) Prepare and release periodic reports on price of feed, the cost of labor including the for the conduct of its business by a two- activities and results of the commission’s ef- reasonable value of the producer’s own labor thirds vote, and shall have the power by the forts to the participating states. and management, machinery expense, and same vote to amend and rescind these by- ‘‘(5) Review the existing marketing system interest expense, the prevailing price for laws. The commission shall publish its by- for milk and milk products and recommend milk outside the regulated area, the pur- laws in convenient form with the appropriate changes in the existing structure for assem- chasing power of the public and the price agency or officer in each of the participating bly and distribution of milk which may as- necessary to yield a reasonable return to the states. The by-laws shall provide for appro- sist, improve or promote more efficient as- producer and distributor. priate notice to the delegations of all com- sembly and distribution of milk. ‘‘(f) When establishing a compact over- mission meetings and hearings and of the ‘‘(6) Investigate costs and charges for pro- order price, the commission shall take such business to be transacted at such meetings ducing, hauling, handling, processing, dis- other action as is necessary and feasible to or hearings. Notice also shall be given to tributing, selling and for all other services help ensure that the over-order price does other agencies or officers of participating performed with respect to milk. not cause or compensate producers so as to states as provided by the laws of those ‘‘(7) Examine current economic forces af- generate local production of milk in excess states. fecting producers, probable trends in produc- of those quantities necessary to assure con- ‘‘(c) The commission shall file an annual tion and consumption, the level of dairy sumers of an adequate supply for fluid pur- report with the Secretary of Agriculture of farm prices in relation to costs, the financial poses. the United States, and with each of the par- conditions of dairy farmers, and the need for ‘‘(g) The commission shall whenever pos- ticipating states by submitting copies to the an emergency order to relieve critical condi- sible enter into agreements with state or fed- governor, both houses of the legislature, and tions on dairy farms. eral agencies for exchange of information or the head of the state department having re- ‘‘§ 9. Equitable farm prices services for the purpose of reducing regu- sponsibilities for agriculture. ‘‘(a) The powers granted in this section and latory burden and cost of administering the ‘‘(d) In addition to the powers and duties section ten shall apply only to the establish- compact. The commission may reimburse elsewhere prescribed in this compact, the ment of a compact over-order price, so long other agencies for the reasonable cost of pro- commission shall have the power: as federal milk marketing orders remain in viding these services. ‘‘(1) To sue and be sued in any state or fed- effect in the region. In the event that any or ‘‘§ 10. Optional provisions for pricing order eral court; all such orders are terminated, this article ‘‘(2) To have a seal and alter the same at shall authorize the commission to establish ‘‘Regulations establishing a compact over- pleasure; one or more commission marketing orders, order price or a commission marketing order ‘‘(3) To acquire, hold, and dispose of real as herein provided, in the region or parts may contain, but shall not be limited to any and personal property by gift, purchase, thereof as defined in the order. of the following: lease, license, or other similar manner, for ‘‘(b) A compact over-order price estab- ‘‘(1) Provisions classifying milk in accord- its corporate purposes; lished pursuant to this section shall apply ance with the form in which or purpose for ‘‘(4) To borrow money and issue notes, to only to Class I milk. Such compact over- which it is used, or creating a flat pricing provide for the rights of the holders thereof order price shall not exceed one dollar and program. and to pledge the revenue of the commission fifty cents per gallon at Atlanta, Ga., how- ‘‘(2) With respect to a commission mar- as security therefor, subject to the provi- ever, this compact over-order price shall be keting order only, provisions establishing or sions of section eighteen of this compact; adjusted upward or downward at other loca- providing a method for establishing separate ‘‘(5) To appoint such officers, agents, and tions in the region to reflect differences in minimum prices for each use classification employees as it may deem necessary, pre- minimum federal order prices. Beginning in prescribed by the commission, or a single scribe their powers, duties and qualifica- nineteen hundred ninety, and using that year minimum price for milk purchased from pro- tions; and as a base, the foregoing one dollar fifty cents ducers or associations of producers. ‘‘(6) To create and abolish such offices, em- per gallon maximum shall be adjusted annu- ‘‘(3) With respect to an over-order min- ployments and positions as it deems nec- ally by the rate of change in the Consumer imum price, provisions establishing or pro- essary for the purposes of the compact and Price Index as reported by the Bureau of viding a method for establishing such min- provide for the removal, term, tenure, com- Labor Statistics of the United States De- imum price for Class I milk. pensation, fringe benefits, pension, and re- partment of Labor. For purposes of the pool- ‘‘(4) Provisions for establishing either an tirement rights of its officers and employees. ing and equalization of an over-order price, over-order price or a commission marketing The commission may also retain personal the value of milk used in other use classi- order may make use of any reasonable meth- services on a contract basis. fications shall be calculated at the appro- od for establishing such price or prices in- ‘‘§ 7. Rulemaking power priate class price established pursuant to the cluding flat pricing and formula pricing. ‘‘In addition to the power to promulgate a applicable federal order or state dairy regu- Provision may also be made for location ad- compact over-order price or commission lation and the value of unregulated milk justments, zone differentials and for com- marketing orders as provided by this com- shall be calculated in relation to the nearest petitive credits with respect to regulated pact, the commission is further empowered prevailing class price in accordance with and handlers who market outside the regulated to make and enforce such additional rules subject to such adjustments as the commis- area. and regulations as it deems necessary to im- sion may prescribe in regulations. ‘‘(5) Provisions for the payment to all pro- plement any provisions of this compact, or ‘‘(c) A commission marketing order shall ducers and associations of producers deliv- to effectuate in any other respect the pur- apply to all classes and uses of milk. ering milk to all handlers of uniform prices poses of this compact. ‘‘(d) The commission is hereby empowered for all milk so delivered, irrespective of the to establish a compact over-order price for uses made of such milk by the individual ‘‘ARTICLE IV. POWERS OF THE milk to be paid by pool plants and partially handler to whom it is delivered, or for the COMMISSION regulated plants. The commission is also em- payment of producers delivering milk to the ‘‘§ 8. Powers to promote regulatory uni- powered to establish a compact over-order same handler of uniform prices for all milk formity, simplicity, and interstate coopera- price to be paid by all other handlers receiv- delivered by them. tion ing milk from producers located in a regu- ‘‘(A) With respect to regulations estab- ‘‘The commission is hereby empowered to: lated area. This price shall be established ei- lishing a compact over-order price, the com- ‘‘(1) Investigate or provide for investiga- ther as a compact over-order price or by one mission may establish one equalization pool tions or research projects designed to review or more commission marketing orders. within the regulated area for the sole pur- the existing laws and regulations of the par- Whenever such a price has been established pose of equalizing returns to producers ticipating states, to consider their adminis- by either type of regulation, the legal obliga- throughout the regulated area. tration and costs, to measure their impact tion to pay such price shall be determined ‘‘(B) With respect to any commission mar- on the production and marketing of milk and solely by the terms and purpose of the regu- keting order, as defined in section two, sub- their effects on the shipment of milk and lation without regard to the situs of the division three, which replaces one or more milk products within the region. transfer of title, possession or any other fac- terminated federal orders or state dairy reg- ‘‘(2) Study and recommend to the partici- tors not related to the purposes of the regu- ulations, the marketing area of now separate pating states joint or cooperative programs lation and this compact. Producer-handlers state or federal orders shall not be merged for the administration of the dairy mar- as defined in an applicable federal market without the affirmative consent of each keting laws and regulations and to prepare order shall not be subject to a compact overstate, voting through its delegation, which is estimates of cost savings and benefits of order price. The commission shall provide partly or wholly included within any such such programs. for similar treatment of producer-handlers new marketing area. ‘‘(3) Encourage the harmonious relation- under commission marketing orders. ‘‘(6) Provisions requiring persons who bring ships between the various elements in the in- ‘‘(e) In determining the price, the commis- Class I milk into the regulated area to make dustry for the solution of their material sion shall consider the balance between pro- compensatory payments with respect to all problems. Conduct symposia or conferences duction and consumption of milk and milk such milk to the extent necessary to equal- designed to improve industry relations, or a products in the regulated area, the costs of ize the cost of milk purchased by handlers better understanding of problems. production including, but not limited to the subject to a compact over-order price or

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8490 CONGRESSIONAL RECORD — SENATE July 31, 2001 commission marketing order. No such provi- prices, are in the public interest and are rea- this article whenever it finds that such order sions shall discriminate against milk pro- sonably designed to achieve the purposes of or price obstructs or does not tend to effec- ducers outside the regulated area. The provi- the order. tuate the declared policy of this compact. sions for compensatory payments may re- ‘‘(4) Whether the terms of the proposed re- ‘‘(b) The commission shall terminate any quire payment of the difference between the gional order or amendment are approved by regulations establishing an over-order price Class I price required to be paid for such producers as provided in section thirteen. or a commission marketing order issued milk in the state of production by a federal ‘‘§ 13. Producer referendum under this article whenever it finds that milk marketing order or state dairy regula- ‘‘(a) For the purpose of ascertaining wheth- such termination is favored by a majority of tion and the Class I price established by the er the issuance or amendment of regulations the producers who, during a representative compact over-order price or commission establishing a compact over-order price or a period determined by the commission, have marketing order. commission marketing order, including any been engaged in the production of milk the ‘‘(7) Provisions specially governing the provision with respect to milk supply under price of which is regulated by such order; but pricing and pooling of milk handled by par- subsection 9(f), is approved by producers, the such termination shall be effective only if tially regulated plants. commission shall conduct a referendum announced on or before such date as may be ‘‘(8) Provisions requiring that the account among producers. The referendum shall be specified in such marketing agreement or of any person regulated under the compact held in a timely manner, as determined by order. over-order price shall be adjusted for any regulation of the commission. The terms and ‘‘(c) The termination or suspension of any payments made to or received by such per- conditions of the proposed order or amend- order or provision thereof, shall not be con- sons with respect to a producer settlement ment shall be described by the commission sidered an order within the meaning of this fund of any federal or state milk marketing in the ballot used in the conduct of the ref- article and shall require no hearing, but order or other state dairy regulation within erendum, but the nature, content, or extent shall comply with the requirements for in- the regulated area. of such description shall not be a basis for formal rulemaking prescribed by section ‘‘(9) Provision requiring the payment by attacking the legality of the order or any ac- four of the Federal Administrative Proce- handlers of an assessment to cover the costs tion relating thereto. dure Act, as amended (5 U.S.C. § 553). of the administration and enforcement of ‘‘(b) An order or amendment shall be ‘‘ARTICLE VI. ENFORCEMENT such order pursuant to Article VII, Section deemed approved by producers if the com- ‘‘§ 15. Records; reports; access to premises 18(a). mission determines that it is approved by at ‘‘(10) Provisions for reimbursement to par- least two-thirds of the voting producers who, ‘‘(a) The commission may by rule and regu- ticipants of the Women, Infants and Children during a representative period determined by lation prescribe record keeping and report- Special Supplemental Food Program of the the commission, have been engaged in the ing requirements for all regulated persons. United States Child Nutrition Act of 1966. production of milk the price of which would For purposes of the administration and en- ‘‘(11) Other provisions and requirements as be regulated under the proposed order or forcement of this compact, the commission the commission may find are necessary or amendment. is authorized to examine the books and appropriate to effectuate the purposes of this ‘‘(c) For purposes of any referendum, the records of any regulated person relating to compact and to provide for the payment of commission shall consider the approval or his or her milk business and for that pur- fair and equitable minimum prices to pro- disapproval by any cooperative association pose, the commission’s properly designated ducers. of producers, qualified under the provisions officers, employees, or agents shall have full access during normal business hours to the ‘‘ARTICLE V. RULEMAKING PROCEDURE of the Act of Congress of February 18, 1922, as premises and records of all regulated per- ‘‘§ 11. Rulemaking procedure amended, known as the Capper–Volstead Act, bona fide engaged in marketing milk, or in sons. ‘‘Before promulgation of any regulations rendering services for or advancing the inter- ‘‘(b) Information furnished to or acquired establishing a compact over-order price or ests of producers of such commodity, as the by the commission officers, employees, or its commission marketing order, including any approval or disapproval of the producers who agents pursuant to this section shall be con- provision with respect to milk supply under fidential and not subject to disclosure except subsection 9(f), or amendment thereof, as are members or stockholders in, or under contract with, such cooperative association to the extent that the commission deems dis- provided in Article IV, the commission shall closure to be necessary in any administra- conduct an informal rulemaking proceeding of producers, except as provided in subdivi- tive or judicial proceeding involving the ad- to provide interested persons with an oppor- sion (1) hereof and subject to the provisions ministration or enforcement of this com- tunity to present data and views. Such rule- of subdivision (2) through (5) hereof. pact, an over-order price, a compact mar- making proceeding shall be governed by sec- ‘‘(1) No cooperative which has been formed keting order, or other regulations of the tion four of the Federal Administrative Pro- to act as a common marketing agency for commission. The commission may promul- cedure Act, as amended (5 U.S.C. § 553). In ad- both cooperatives and individual producers gate regulations further defining the condition, the commission shall, to the extent shall be qualified to block vote for either. fidentiality of information pursuant to this practicable, publish notice of rulemaking ‘‘(2) Any cooperative which is qualified to proceedings in the official register of each block vote shall, before submitting its ap- section. Nothing in this section shall be participating state. Before the initial adop- proval or disapproval in any referendum, deemed to prohibit (i) the issuance of general tion of regulations establishing a compact give prior written notice to each of its mem- statements based upon the reports of a num- over-order price or a commission marketing bers as to whether and how it intends to cast ber of handlers, which do not identify the in- order and thereafter before any amendment its vote. The notice shall be given in a time- formation furnished by any person, or (ii) with regard to prices or assessments, the ly manner as established, and in the form the publication by direction of the commis- commission shall hold a public hearing. The prescribed, by the commission. sion of the name of any person violating any commission may commence a rulemaking ‘‘(3) Any producer may obtain a ballot regulation of the commission, together with proceeding on its own initiative or may in from the commission in order to register ap- a statement of the particular provisions vio- its sole discretion act upon the petition of proval or disapproval of the proposed order. lated by such person. any person including individual milk pro- ‘‘(4) A producer who is a member of a coop- ‘‘(c) No officer, employee, or agent of the ducers, any organization of milk producers erative which has provided notice of its in- commission shall intentionally disclose in- or handlers, general farm organizations, content to approve or not to approve a proposed formation, by inference or otherwise, which sumer or public interest groups, and local, order, and who obtains a ballot and with is made confidential pursuant to this sec- state or federal officials. such ballot expresses his approval or dis- tion. Any person violating the provisions of this section shall, upon conviction, be sub- ‘‘§ 12. Findings and referendum approval of the proposed order, shall notify ject to a fine of not more than one thousand ‘‘(a) In addition to the concise general the commission as to the name of the coop- dollars or to imprisonment for not more statement of basis and purpose required by erative of which he or she is a member, and than one year, or to both, and shall be re- section 4(b) of the Federal Administrative the commission shall remove such producer’s moved from office. The commission shall Procedure Act, as amended (5 U.S.C. § 553(c)), name from the list certified by such coopera- refer any allegation of a violation of this the commission shall make findings of fact tive with its corporate vote. section to the appropriate state enforcement with respect to: ‘‘(5) In order to insure that all milk pro- authority or United States Attorney. ‘‘(1) Whether the public interest will be ducers are informed regarding the proposed served by the establishment of minimum order, the commission shall notify all milk ‘‘§ 16. Subpoena; hearings and judicial review milk prices to dairy farmers under Article producers that an order is being considered ‘‘(a) The commission is hereby authorized IV. and that each producer may register his ap- and empowered by its members and its prop- ‘‘(2) What level of prices will assure that proval or disapproval with the commission erly designated officers to administer oaths producers receive a price sufficient to cover either directly or through his or her coopera- and issue subpoenas throughout all signa- their costs of production and will elicit an tive. tory states to compel the attendance of wit- adequate supply of milk for the inhabitants ‘‘§ 14. Termination of over-order price or mar- nesses and the giving of testimony and the of the regulated area and for manufacturing keting order production of other evidence. purposes. ‘‘(a) The commission shall terminate any ‘‘(b) Any handler subject to an order may ‘‘(3) Whether the major provisions of the regulations establishing an over-order price file a written petition with the commission order, other than those fixing minimum milk or commission marketing order issued under stating that any such order or any provision

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8491 of any such order or any obligation imposed of this compact, including payback of start- pacting state may accept the conditions of in connection therewith is not in accordance up costs, the commission is hereby empow- Congress by implementation of this com- with law and praying for a modification ered to collect an assessment from each han- pact.’’. thereof or to be exempted therefrom. He dler who purchases milk from producers SEC. 703. PACIFIC NORTHWEST DAIRY COMPACT. shall thereupon be given an opportunity for within the region. If imposed, this assess- Congress consents to a Pacific Northwest a hearing upon such petition, in accordance ment shall be collected on a monthly basis Dairy Compact proposed for the States of with regulations made by the commission. for up to one year from the date the commis- California, Oregon, and Washington, subject After such hearing, the commission shall sion convenes, in an amount not to exceed to the following conditions: make a ruling upon the prayer of such peti- $.015 per hundredweight of milk purchased (1) TEXT.—The text of the Pacific North- tion which shall be final, if in accordance from producers during the period of the as- west Dairy Compact shall be identical to the with law. sessment. The initial assessment may apply text of the Southern Dairy Compact, except ‘‘(c) The district courts of the United to the projected purchases of handlers for as follows: States in any district in which such handler the two-month period following the date the (A) References to ‘‘south’’, ‘‘southern’’, and is an inhabitant, or has his principal place of commission convenes. In addition, if regula- ‘‘Southern’’ shall be changed to ‘‘Pacific business, are hereby vested with jurisdiction tions establishing an over-order price or a Northwest’’. to review such ruling, provided a complaint compact marketing order are adopted, they (B) In section 9(b), the reference to ‘‘At- for that purpose is filed within thirty days may include an assessment for the specific lanta, Georgia’’ shall be changed to ‘‘Seattle, from the date of the entry of such ruling. purpose of their administration. These regu- Washington’’. Service of process in such proceedings may lations shall provide for establishment of a (C) In section 20, the reference to ‘‘any be had upon the commission by delivering to reserve for the commission’s ongoing oper- three’’ and all that follows shall be changed it a copy of the complaint. If the court deter- ating expenses. to ‘‘California, Oregon, and Washington.’’. mines that such ruling is not in accordance ‘‘(b) The commission shall not pledge the (2) LIMITATION OF MANUFACTURING PRICE with law, it shall remand such proceedings credit of any participating state or of the REGULATION.—The Dairy Compact Commis- to the commission with directions either (1) United States. Notes issued by the commission established to administer the Pacific to make such ruling as the court shall deter- sion and all other financial obligations in- Northwest Dairy Compact (referred to in this mine to be in accordance with law, or (2) to curred by it, shall be its sole responsibility section as the ‘‘Commission’’) may not regu- take such further proceedings as, in its opin- and no participating state or the United late Class II, Class III, or Class IV milk used ion, the law requires. The pendency of pro- States shall be liable therefor. for manufacturing purposes or any other ceedings instituted pursuant to this subdivi- ‘‘§ 19. Audit and accounts milk, other than Class I, or fluid milk, as de- sion shall not impede, hinder, or delay the ‘‘(a) The commission shall keep accurate fined by a Federal milk marketing order commission from obtaining relief pursuant accounts of all receipts and disbursements, issued under section 8c of the Agricultural to section seventeen. Any proceedings which shall be subject to the audit and ac- Adjustment Act (7 U.S.C. 608c), reenacted brought pursuant to section seventeen, ex- counting procedures established under its with amendments by the Agricultural Mar- cept where brought by way of counterclaim rules. In addition, all receipts and disburse- keting Act of 1937 (referred to in this section in proceedings instituted pursuant to this ments of funds handled by the commission as a ‘‘Federal milk marketing order’’). section, shall abate whenever a final decree shall be audited yearly by a qualified public (3) EFFECTIVE DATE.—Congressional con- has been rendered in proceedings between accountant and the report of the audit shall sent under this section takes effect on the the same parties, and covering the same sub- be included in and become part of the annual date (not later than 3 year after the date of ject matter, instituted pursuant to this sec- report of the commission. enactment of this Act) on which the Pacific tion. ‘‘(b) The accounts of the commission shall Northwest Dairy Compact is entered into by ‘‘§ 17. Enforcement with respect to handlers be open at any reasonable time for inspec- the second of the 3 States specified in the ‘‘(a) Any violation by a handler of the pro- tion by duly constituted officers of the par- matter preceding paragraph (1). visions of regulations establishing an over- ticipating states and by any persons author- (4) COMPENSATION OF COMMODITY CREDIT order price or a commission marketing ized by the commission. CORPORATION.—Before the end of each fiscal order, or other regulations adopted pursuant ‘‘(c) Nothing contained in this article shall year in which a price regulation is in effect to this compact shall: be construed to prevent commission compli- under the Pacific Northwest Dairy Compact, ‘‘(1) Constitute a violation of the laws of ance with laws relating to audit or inspec- the Commission shall compensate the Com- each of the signatory states. Such violation tion of accounts by or on behalf of any par- modity Credit Corporation for the cost of shall render the violator subject to a civil ticipating state or of the United States. any purchases of milk and milk products by penalty in an amount as may be prescribed the Corporation that result from the oper- ‘‘ARTICLE VIII. ENTRY INTO FORCE; ADDI- ation of the Compact price regulation during by the laws of each of the participating TIONAL MEMBERS AND WITHDRAWAL states, recoverable in any state or federal the fiscal year, as determined by the Sec- ‘‘§ 20. Entry into force; additional members court of competent jurisdiction. Each day retary (in consultation with the Commis- such violation continues shall constitute a ‘‘The compact shall enter into force effec- sion) using notice and comment procedures separate violation. tive when enacted into law by any three provided in section 553 of title 5, United ‘‘(2) Constitute grounds for the revocation states of the group of states composed of States Code. of license or permit to engage in the milk Alabama, Arkansas, Florida, Georgia, Ken- (5) MILK MARKETING ORDER ADMINIS- business under the applicable laws of the tucky, Louisiana, Maryland, Mississippi, TRATOR.—At the request of the Commission, participating states. North Carolina, Oklahoma, South Carolina, the Administrator of the applicable Federal ‘‘(b) With respect to handlers, the commis- Tennessee, Texas, Virginia and West Vir- milk marketing order shall provide technical sion shall enforce the provisions of this com- ginia and when the consent of Congress has assistance to the Commission and be compact, regulations establishing an over-order been obtained. pensated for that assistance. price, a commission marketing order or ‘‘§ 21. Withdrawal from compact SEC. 704. INTERMOUNTAIN DAIRY COMPACT. Congress consents to an Intermountain other regulations adopted hereunder by: ‘‘Any participating state may withdraw Dairy Compact proposed for the States of ‘‘(1) Commencing an action for legal or eq- from this compact by enacting a statute re- Colorado, Nevada, and Utah, subject to the uitable relief brought in the name of the pealing the same, but no such withdrawal following conditions: commission of any state or federal court of shall take effect until one year after notice (1) TEXT.—The text of the Intermountain competent jurisdiction; or in writing of the withdrawal is given to the Dairy Compact shall be identical to the text ‘‘(2) Referral to the state agency for en- commission and the governors of all other of the Southern Dairy Compact, except as forcement by judicial or administrative rem- participating states. No withdrawal shall af- follows: edy with the agreement of the appropriate fect any liability already incurred by or (A) In section 1, the references to ‘‘south- state agency of a participating state. chargeable to a participating state prior to ern’’ and ‘‘south’’ shall be changed to ‘‘Inter- ‘‘(c) With respect to handlers, the commis- the time of such withdrawal. sion may bring an action for injunction to mountain’’ and ‘‘Intermountain region’’, re- ‘‘§ 22. Severability enforce the provisions of this compact or the spectively. order or regulations adopted thereunder ‘‘If any part or provision of this compact is (B) References to ‘‘Southern’’ shall be without being compelled to allege or prove adjudged invalid by any court, such judg- changed to ‘‘Intermountain ’’. that an adequate remedy of law does not ment shall be confined in its operation to the (C) In section 9(b), the reference to ‘‘At- exist. part or provision directly involved in the lanta, Georgia’’ shall be changed to ‘‘Salt controversy in which such judgment shall Lake City, Utah’’. ‘‘ARTICLE VII. FINANCE have been rendered and shall not affect or (D) In section 20, the reference to ‘‘any ‘‘§ 18. Finance of start-up and regular costs impair the validity of the remainder of this three’’ and all that follows shall be changed ‘‘(a) To provide for its start-up costs, the compact. In the event Congress consents to to ‘‘Colorado, Nevada, and Utah.’’. commission may borrow money pursuant to this compact subject to conditions, said con- (2) LIMITATION OF MANUFACTURING PRICE its general power under section six, subdivi- ditions shall not impair the validity of this REGULATION.—The Dairy Compact Commis- sion (d), paragraph four. In order to finance compact when said conditions are accepted sion established to administer the Inter- the costs of administration and enforcement by three or more compacting states. A com- mountain Dairy Compact (referred to in this

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8492 CONGRESSIONAL RECORD — SENATE July 31, 2001 section as the ‘‘Commission’’) may not regu- SA 1195. Ms. SNOWE (for herself and proposed by him to the bill S. 1246, to late Class II, Class III, or Class IV milk used Mrs. FEINSTEIN) submitted an amend- respond to the continuing economic for manufacturing purposes or any other ment intended to be proposed by her to crisis adversely affecting American ag- milk, other than Class I, or fluid milk, as de- the bill S. 1246, to respond to the con- ricultural producers; which was or- fined by a Federal milk marketing order issued under section 8c of the Agricultural tinuing economic crisis adversely af- dered to lie on the table; as follows: Adjustment Act (7 U.S.C. 608c), reenacted fecting American agricultural pro- On page 47, between lines 2 and 3, insert with amendments by the Agricultural Mar- ducers; which was ordered to lie on the the following: keting Act of 1937 (referred to in this section table; as follows: SEC. 703. BIENNIAL REPORTS ON RELATIVE as a ‘‘Federal milk marketing order’’). On page 47, between lines 2 and 3, insert PRICES OF FARM INPUTS. (3) EFFECTIVE DATE.—Congressional con- the following: Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended sent under this section takes effect on the SEC. 7 . CORPORATE AVERAGE FUEL ECONOMY date (not later than 3 year after the date of STANDARDS. by adding at the end the following: enactment of this Act) on which the Inter- Section 320 of the Department of Transpor- ‘‘SEC. 209. BIENNIAL REPORTS ON RELATIVE mountain Dairy Compact is entered into by tation and Related Agencies Appropriations PRICES OF FARM INPUTS. the second of the 3 States specified in the Act, 2001 (114 Stat. 1356, 1356A–28), is re- ‘‘Not later than 180 days after the date of matter preceding paragraph (1). pealed. enactment of this section, and biennially (4) COMPENSATION OF COMMODITY CREDIT thereafter, the Secretary of Agriculture CORPORATION.—Before the end of each fiscal SA 1196. Mr. GREGG submitted an shall submit to the Committee on Agri- year in which a price regulation is in effect amendment intended to be proposed by culture of the House of Representatives and under the Intermountain Dairy Compact, the him to the bill S. 1246, to respond to the Committee on Agriculture, Nutrition, Commission shall compensate the Com- and Forestry of the Senate a report on— the continuing economic crisis ad- ‘‘(1) the prices of farm inputs paid by agri- modity Credit Corporation for the cost of versely affecting American agricul- any purchases of milk and milk products by cultural producers in countries that compete the Corporation that result from the oper- tural producers; which was ordered to with United States agricultural producers, ation of the Compact price regulation during lie on the table; as follows: as compared with the prices paid by United the fiscal year, as determined by the Sec- On page 7, strike the entire following sec- States agricultural producers; and retary (in consultation with the Commis- tion: ‘‘(2) the effect of any differences in those sion) using notice and comment procedures ‘‘SEC. 103. PEANUTS.’’ prices on United States agricultural com- provided in section 553 of title 5, United petitiveness and profitability.’’. States Code. SA 1197. Mr. GREGG submitted an SA 1201. Mr. FITZGERALD sub- (5) MILK MARKETING ORDER ADMINIS- amendment intended to be proposed by mitted an amendment intended to be TRATOR.—At the request of the Commission, him to the bill S. 1246, to respond to proposed by him to the bill S. 1246, to the Administrator of the applicable Federal the continuing economic crisis ad- milk marketing order shall provide technical respond to the continuing economic versely affecting American agricul- assistance to the Commission and be com- crisis adversely affecting American ag- tural producers; which was ordered to pensated for that assistance. ricultural producers; which was or- lie on the table; as follows: dered to lie on the table; as follows: SA 1192. Mr. SMITH of Oregon sub- On page 7 and 8, strike the entire following section: On page 47, between lines 2 and 3, insert mitted an amendment intended to be the following: ‘‘SEC. 104. SUGAR.’’ proposed by him to the bill S. 1246, to SEC. 703. BIOBASED, BIODEGRADABLE CLEANERS respond to the continuing economic AND SOLVENTS. crisis adversely affecting American ag- SA 1198. Mr. GREGG submitted an In carrying out this Act and other provi- ricultural producers; which was or- amendment intended to be proposed by sions of law, the Secretary shall purchase dered to lie on the table, as follows: him to the bill S. 1246, to respond to cleaners and solvents that are biobased and the continuing economic crisis ad- biodegradable unless such cleaners and sol- In Title I, Section 108(b), strike ‘‘particu- vents are not available at a cost that is not larly agricultural production in the North- versely affecting American agricul- more than the cost of, and of a quality that east and Mid-Atlantic States.’’ tural producers; which was ordered to lie on the table; as follows: is not less than, cleaners or solvents that are not biobased or biodegradable. SA 1193. Mr. SMITH of Oregon sub- On page 13 through 19, strike the entire fol- mitted an amendment intended to be lowing section: SA 1202. Mr. FITZGERALD sub- proposed by him to the bill S. 1246, to ‘‘SEC. 112. TOBACCO.’’ mitted an amendment intended to be respond to the continuing economic proposed by him to the bill S. 1246, to crisis adversely affecting American ag- SA 1199. Mr. GREGG submitted an respond to the continuing economic ricultural producers; which was or- amendment intended to be proposed by crisis adversely affecting American ag- dered to lie on the table; as follows: him to the bill S. 1246, to respond to ricultural producers, which was or- In Title IV, Section 401(a)(3)(A), strike ‘‘or the continuing economic crisis ad- dered to lie on the table, as follows: versely affecting American agricul- energy emergency’’ and insert ‘‘energy emer- Beginning on page 37, strike line 15 and all gency or major disaster caused by direct fed- tural producers; which was ordered to that follows through page 42, line 5. eral action.’’ lie on the table; as follows: On page 47, between lines 3 and 4, insert SA 1203. Mr. FITZGERALD sub- SA 1194. Mr. GREGG submitted an the following: mitted an amendment intended to be amendment intended to be proposed by SEC. 801. LIMITATIONS. proposed by him to the bill S. 1246, to him to the bill S. 1246, to respond to (a) INCOME LIMITATION.—Notwithstanding respond to the continuing economic the continuing economic crisis ad- any other provision of this Act, a person that crisis adversely affecting American ag- has qualifying gross revenues (as defined in versely affecting American agricul- ricultural producers; which was or- tural producers; which was ordered to section 196(i)(1) of the Agricultural Market Transition Act (7 U.S.C. 7333(i)(1))) in excess dered to lie on the table; as follows: lie on the table; as follows: of $2,000,000 during a taxable year (as deter- Beginning on page 26, strike line 3 and all In the appropriate place insert the fol- mined by the Secretary) shall not be eligible that follows through page 27, line 17. lowing: to receive a payment, loan, or other assist- SEC. 13. OMB CERTIFICATION THAT LEGISLATION ance under this Act. SA 1204. Mr. FITZGERALD sub- WILL NOT AFFECT MEDICARE PART (b) ACTIVE FARMERS.—Notwithstanding mitted an amendment intended to be A TRUST FUND SURPLUS. any other provision of this Act, to be eligible proposed by him to the bill S. 1246, to The Secretary may not release the funds to for a payment, loan, or other assistance respond to the continuing economic carry out this Act or an amendment made by under this Act with respect to a particular crisis adversely affecting American ag- this Act unless the Director of the Office of farming operation, an individual of the farm- Management and Budget certifies that this ing operation must be actively engaged in ricultural producers; which was or- Act and the amendments made by this Act, farming with respect to the operation, as dered to lie on the table; as follows: when taken together with all other pre- provided in paragraphs (2) through (6) of sec- Beginning on page 7, strike line 11 and all viously-enacted legislation, would not re- tion 1001A(b) of the Food Security Act of 1985 that follows through page 8, line 16, and induce the on-budget surplus for fiscal year (7 U.S.C. 1308–1(b)). sert the following: 2001 below the level of the Federal Hospital SEC. 104. SUGAR. Insurance Trust Fund surplus for the fiscal SA 1200. Mr. FITZGERALD sub- Section 156(f) of the Agricultural Market year. mitted an amendment intended to be Transition Act (7 U.S.C. 7272(f)) shall not

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8493 apply with respect to the 2001 crop of sugar- (1) by striking subsection (b) and inserting be proposed by him to the bill S. 1246, cane and sugar beets. the following: to respond to the continuing economic ‘‘(b) EXCESS DEFICIT; MARGIN.—The excess crisis adversely affecting American ag- SA 1205. Mr. FITZGERALD sub- deficit is, if greater than zero, the estimated mitted an amendment intended to be deficit for the budget year, minus the margin ricultural producers; which was or- proposed by him to the bill S. 1246, to for that year. In this subsection, the margin dered to lie on the table; as follows: respond to the continuing economic for each fiscal year is 0.5 percent of esti- At the end of title VII, add the following: mated total outlays for that fiscal year.’’; crisis adversely affecting American ag- ll (2) by striking subsection (c) and inserting SEC. 7 . UNLAWFUL STOCKYARD PRACTICES ricultural producers; which was or- INVOLVING NONAMBULATORY LIVE- the following: STOCK. dered to lie on the table; as follows: ‘‘(c) ELIMINATING EXCESS DEFICIT.—Each On page 47, between lines 2 and 3, insert non-exempt account shall be reduced by a (a) IN GENERAL.—Title III of the Packers the following: dollar amount calculated by multiplying the and Stockyards Act, 1921, (7 U.S.C. 201 et seq.) is amended by adding at the end the fol- SEC. 703. REPORT ON EFFECT OF HIGH ENERGY baseline level of sequesterable budgetary re- AND FERTILIZER PRICES. sources in that account at that time by the lowing: Not later than 180 days after the date of uniform percentage necessary to eliminate ‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES enactment of this Act, the Secretary of Agri- an excess deficit.’’; and INVOLVING NONAMBULATORY LIVE- culture shall submit to the Committee on (3) by striking subsections (g) and (h). STOCK. Agriculture of the House of Representatives (c) MEDICARE EXEMPT.—The Balanced ‘‘(a) DEFINITIONS.—In this section: and the Committee on Agriculture, Nutri- Budget and Emergency Deficit Control Act ‘‘(1) HUMANELY EUTHANIZE.—The term ‘hu- tion, and Forestry of the Senate a report on of 1985 is amended— manely euthanize’ means to kill an animal the effect of high energy and fertilizer prices (1) in section 253(e)(3)(A), by striking by mechanical, chemical, or other means on farm income and the cost of production of clause (i); and that immediately render the animal uncon- agricultural commodities. (2) in section 256, by striking subsection scious, with this state remaining until the (d). animal’s death. (d) ECONOMIC AND TECHNICAL ASSUMP- SA 1206. Mr. FITZGERALD sub- ‘‘(2) NONAMBULATORY LIVESTOCK.—The term TIONS.—Notwithstanding section 254(j) of the mitted an amendment intended to be ‘nonambulatory livestock’ means any live- Balanced Budget and Emergency Deficit proposed by him to the bill S. 1246, to stock that is unable to stand and walk unas- Control Act of 1985 (2 U.S.C. 904(j)), the Office sisted. respond to the continuing economic of Management and Budget shall use the eco- crisis adversely affecting American ag- nomic and technical assumptions underlying ‘‘(b) UNLAWFUL PRACTICES.—It shall be un- ricultural producers; which was or- the report issued pursuant to section 1106 of lawful for any stockyard owner, market dered to lie on the table; as follows: title 31, United States Code, for purposes of agency, or dealer to buy, sell, give, receive, On page 46, strike lines 2 through 21 and in- determining the excess deficit under section transfer, market, hold, or drag any non- sert the following: 253(b) of the Balanced Budget and Emergency ambulatory livestock unless the non- Deficit Control Act of 1985, as added by sub- ambulatory livestock has been humanely SEC. 701. RESEARCH ON HUMANE ALTERNATIVES euthanized.’’. TO FORCED MOLTING FOR EGG PRO- section (b). DUCTION. (e) APPLICATION OF SEQUESTRATION TO (b) EFFECTIVE DATE.— The Secretary shall use $3,500,000 of funds BUDGET ACCOUNTS.—Section 256(k) of the (1) IN GENERAL.—The amendment made by of the Commodity Credit Corporation to pro- Balanced Budget and Emergency Deficit subsection (a) takes effect 1 year after the vide grants to conduct research on humane Control Act of 1985 (2 U.S.C. 906(k)) is amend- date of enactment of this Act. alternatives to the production of eggs using ed by— (2) REGULATIONS.—Not later than 1 year forced molting. (1) striking paragraph (2); and after the date of enactment of this Act, the (2) redesignating paragraphs (3) through (6) Secretary shall promulgate regulations to SA 1207. Mr. FITZGERALD sub- as paragraphs (2) through (5), respectively. carry out the amendment. mitted an amendment intended to be (f) STRENGTHENING SOCIAL SECURITY POINTS OF ORDER..— proposed by him to the bill S. 1246, to SA 1211. Mr. McCAIN submitted an respond to the continuing economic (1) IN GENERAL.—Section 312 of the Con- gressional Budget Act of 1974 (2 U.S.C. 643) is amendment intended to be proposed by crisis adversely affecting American ag- amended by inserting at the end the fol- him to the bill S. 1246, to respond to ricultural producers; which was or- lowing: the continuing economic crisis ad- dered to lie on the table; as follows: ‘‘(g) STRENGTHENING SOCIAL SECURITY versely affecting American agricul- On page 37, strike lines 6 through 14 and in- POINT OF ORDER.—It shall not be in order in tural producers; which was ordered to sert the following: the House of Representatives or the Senate lie on the table; as follows: SEC. 501. RESEARCH ON HUMANE ALTERNATIVES to consider a concurrent resolution on the TO FORCED MOLTING FOR EGG PRO- budget (or any amendment thereto or con- On page 47, between lines 3 and 4, insert DUCTION. ference report thereon) or any bill, joint res- the following: The Secretary shall use $3,000,000 of funds olution, amendment, motion, or conference SEC. 801. INCOME LIMITATION. of the Commodity Credit Corporation to pro- report that would violate or amend section Notwithstanding any other provision of vide grants to conduct research on humane 13301 of the Budget Enforcement Act of this Act, a person that has qualifying gross alternatives to the production of eggs using 1990.’’. revenues (as defined in section 196(i)(1) of the forced molting. (2) SUPER MAJORITY REQUIREMENT.— Agricultural Market Transition Act (7 U.S.C. (A) POINT OF ORDER.—Section 904(c)(1) of 7333(i)(1))) dervied from for-profit farming, SA 1208. Mr. FITZGERALD sub- the Congressional Budget Act of 1974 is mitted an amendment intended to be ranching, and forestry operations in excess amended by inserting ‘‘312(g),’’ after of $1,000,000 during a taxable year (as deter- proposed by him to the bill S. 1246, to ‘‘310(d)(2),’’. mined by the Secretary) shall not be eligible respond to the continuing economic (B) WAIVER.—Section 904(d)(2) of the Con- to receive a payment, loan, or other assist- crisis adversely affecting American ag- gressional Budget Act of 1974 is amended by ance under this Act. ricultural producers; which was or- inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’. dered to lie on the table; as follows: (3) ENFORCEMENT IN EACH FISCAL YEAR.— The Congressional Budget Act of 1974 is SA 1212. Mr. LUGAR proposed an On page 22, strike lines 13 through 25. amended in— amendment to the bill S. 1246, to respond to the continuing economic cri- SA 1209. Mr. VOINOVICH submitted (A) section 301(a)(7) (2 U.S.C. 632(a)(7)), by striking ‘‘for the fiscal year’’ through the pe- sis adversely affecting American agri- an amendment intended to be proposed riod and inserting ‘‘for each fiscal year cov- cultural producers; as follows: by him to the bill S. 1246, to respond to ered by the resolution’’; and the continuing economic crisis ad- (B) section 311(a)(3) (2 U.S.C. 642(a)(3)), by Strike everything after the enacting clause and insert the following: versely affecting American agricul- striking beginning with ‘‘for the first fiscal tural producers; as follows: year’’ through the period and insert the fol- SECTION 1. MARKET LOSS ASSISTANCE. At the appropriate place, insert the following: ‘‘for any of the fiscal years covered (a) ASSISTANCE AUTHORIZED.—The Sec- lowing: by the concurrent resolution.’’. retary of Agriculture (referred to in this Act (g) EFFECTIVE DATE.—This section and the SEC. ll. PROTECT SOCIAL SECURITY SUR- as the ‘‘Secretary’’) shall, to the maximum PLUSES ACT OF 2001. amendments made by this section shall extent practicable, use $4,622,240,000 of funds (a) SHORT TITLE.—This section may be apply to fiscal years 2002 through 2006. of the Commodity Credit Corporation to cited as the ‘‘Protect Social Security Sur- SA 1210. Mr. AKAKA (for himself, Mr. make a market loss assistance payment to pluses Act of 2001’’. owners and producers on a farm that are eli- RAHAM MITH (b) REVISION OF ENFORCING DEFICIT TAR- G , Mr. S of New Hampshire, gible for a final payment for fiscal year 2001 GETS.—Section 253 of the Balanced Budget Mr. CLELAND, Mr. SCHUMER, Mr. DUR- under a production flexibility contract for and Emergency Deficit Control Act of 1985 (2 BIN, Mr. LEVIN, and Mrs. FEINSTEIN) the farm under the Agriculture Market U.S.C. 903) is amended— submitted an amendment intended to Transition Act (7 U.S.C. 7201 et seq.).

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(b) AMOUNT.—The amount of assistance (b) GRANTS FOR VALUE OF PRODUCTION.— tion 101(a) of division A of Public Law 105–277 made available to owners and producers on a The Secretary shall use $133,400,000 of funds (7 U.S.C. 1421 note), and as amended by sec- farm under this section shall be propor- of the Commodity Credit Corporation to tion 754 of the Agriculture, Rural develop- tionate to the amount of the total contract make a grant to each of the several States in ment, Food and Drug Administration, and payments received by the owners and pro- an amount that represents the proportion of Related Agencies Appropriations Act, 2001 ducers for fiscal year 2001 under a production the value of specialty crop production in the (as enacted by Public Law 106–387; 114 Stat. flexibility contract for the farm under the State in relation to the national value of 1549A–42), is amended to read as follows: Agricultural Market Transition Act. specialty crop production, as follows: ‘‘(b) CONDITIONS ON PAYMENT TO STATE.— SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT. (1) California, $63,320,000. The Secretary of Agriculture shall make the The Secretary shall use $423,510,000 of funds (2) Florida, $16,860,000. payment to the State of Georgia under sub- of the Commodity Credit Corporation to (3) Washington, $9,610,000. section (a) only if the State— ‘‘(1) contributes $5,000,000 to the indemnity make a supplemental payment under section (4) Idaho, $3,670,000. fund and agrees to expend all amounts in the (5) Arizona, $3,430,000. 202 of the Agricultural Risk Protection Act indemnity fund by not later than January 1, (6) Michigan, $3,250,000. of 2000 (Public Law 106–224; 7 U.S.C. 1421 2002 (or as soon as administratively practical (7) Oregon, $3,220,000. note) to producers of the 2000 crop of oilseeds thereafter), to provide compensation to cot- (8) Georgia, $2,730,000. that previously received a payment under ton producers as provided in such subsection; such section. (9) Texas, $2,660,000. ‘‘(2) requires the recipient of a payment SEC. 3. SUPPLEMENTAL PEANUT PAYMENT. (10) New York, $2,660,000. from the indemnity fund to repay the State, The Secretary shall use $54,210,000 of funds (11) Wisconsin, $2,570,000. for deposit in the indemnity fund, the of the Commodity Credit Corporation to pro- (12) North Carolina, $1,540,000. amount of any duplicate payment the recipi- vide a supplemental payment under section (13) Colorado, $1,510,000. ent otherwise recovers for such loss of cot- 204(a) of the Agricultural Risk Protection (14) North Dakota, $1,380,000. ton, or the loss of proceeds from the sale of Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 (15) Minnesota, $1,320,000. cotton, up to the amount of the payment note) to producers of quota peanuts or addi- (16) Hawaii, $1,150,000. from the indemnity fund; and tional peanuts for the 2000 crop year that (17) New Jersey, $1,100,000. ‘‘(3) agrees to deposit in the indemnity previously received a payment under such (18) Pennsylvania, $980,000. fund the proceeds of any bond collected by section. The Secretary shall adjust the pay- (19) New Mexico, $900,000. the State for the benefit of recipients of payment rate specified in such section to reflect (20) Maine, $880,000. ments from the indemnity fund, to the ex- the amount made available for payments (21) Ohio, $800,000. tent of such payments’’. under this section. (22) Indiana, $660,000. (b) ADDITIONAL DISBURSEMENTS FROM THE INDEMNITY FUND.—Subsection (d) of such sec- SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT. (23) Nebraska, $640,000. tion is amended to read as follows: (a) SUPPLEMENTAL PAYMENT.—The Sec- (24) Massachusetts, $640,000. ‘‘(d) ADDITIONAL DISBURSEMENT TO COTTON retary shall sue $129,000,000 of funds of the (25) Virginia, $620,000. GINNERS.—The State of Georgia shall use Commodity Credit Corporation to provide a (26) Maryland, $500,000. (27) Louisiana, $460,000. funds remaining in the indemnity fund, after supplemental payment under section 204(b) the provision of compensation to cotton proof the Agricultural Risk Protection Act of (28) South Carolina, $440,000. (29) Tennessee, $400,000. ducers in Georgia under subsection (a) (in- 2000 (Public Law 106–224; 7 U.S.C. 1421 note) cluding cotton producers who file a contin- to eligible persons (as defined in such sec- (30) Illinois, $400,000. (31) Oklahoma, $390,000. gent claim, as defined and provided in section) that previously received a payment tion 51 of chapter 19 of title 2 of the Official under such section. (32) Alabama, $300,000. (33) Delaware, $290,000. Code of Georgia), to compensate cotton gin- (b) SPECIAL RULE FOR GEORGIA.—The Sec- ners (as defined as provided in such section) retary may make payments under this sec- (34) Mississippi, $250,000. (35) Kansas, $210,000. that— tion to eligible persons in Georgia only if the ‘‘(1) Incurred a loss as the result of— (36) Arkansas, $210,000. State of Georgia agrees to use the sum of ‘‘(A) the business failure of any cotton $13,000,000 to make payments at the same (37) Missouri, $210,000. buyer doing business in Georgia; or time, or subsequently, to the same persons (38) Connecticut, $180,000. ‘‘(B) the failure or refusal of any such cot- in the same manner as provided for the Fed- (39) Utah, $140,000. ton buyer to pay the contracted price that eral payments under this section, as required (40) Montana, $140,000. had been agreed upon by the ginner and the by section 204(b)(6) of the Agricultural Risk (41) New Hampshire, $120,000. buyer for cotton grown in Georgia on or after Protection Act of 2000. (42) Nevada, $120,000. January 1, 1997, and had been purchased or SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAY- (43) Vermont, $120,000. contracted by the ginner from cotton pro- MENT. (44) Iowa, $100,000. ducers in Georgia; The Secretary shall use $16,940,000 of funds (45) West Virginia, $90,000. ‘‘(2) paid cotton producers the amount of the Commodity Credit Corporation to pro- (46) Wyoming, $70,000. which the cotton ginner had agreed to pay vide a supplemental payment under section (47) Kentucky, $60,000. for such cotton received from such cotton 814 of the Agriculture, Rural Development, (48) South Dakota, $40,000. producers in Georgia; and Food and Drug Administration, and Related (49) Rhode Island, $40,000. ‘‘(3) satisfy the procedural requirements Agencies Appropriations Act, 2001 (as en- (50) Alaska, $20,000. and deadlines specified in chapter 19 of title acted by Public Law 106–387), to producers of (c) SPECIALTY CROP PRIORITY.—As a condi- 2 of the Official Code of Georgia applicable to wool, and producers of mohair, for the 2000 tion on the receipt of a grant under this sec- cotton ginner claims.’’. marketing year that previously received a tion, a State shall agree to give priority to (c) CONFORMING AMENDMENT.—Subsection payment under such section. The Secretary the support of specialty crops in the use of (c) of such section is amended by striking shall adjust the payment rate specified in the grant funds. ‘‘Upon the establishment of the indemnity such section to reflect the amount made (d) SPECIALTY CROP DEFINED.—In this sec- fund, and not later than October 1, 1999, the’’ available for payments under this section. tion, the term ‘specialty crop’ means any ag- and inserting ‘‘The’’. SEC. 10. INCREASE IN PAYMENT LIMITATIONS RE- SEC. 6. SUPPLEMENTAL COTTONSEED ASSIST- ricultural crop, except wheat, feed grains, GARDING LOCAL DEFICIENCY PAY- ANCE. oilseeds, cotton, rice, peanuts, and tobacco. MENTS AND MARKETING LOAN The Secretary shall use $84,700,000 of funds SEC. 8. COMMODITY ASSISTANCE PROGRAM. GAINS. of the Commodity Credit Corporation to pro- The Secretary shall use $10,000,000 of funds Notwithstanding section 1001(2) of the vide supplemental assistance under section of the Commodity Credit Corporation to Food Security Act of 1985 (7 U.S.C. 1308(1)), 204(e) of the Agricultural Risk Protection make a grant to each of the several States to the total amount of the payments specified Act of 2000 (Public Law 106–224; 7 U.S.C. 1421 be used by the States to cover direct and in- in section 1001(3) of that Act that a person note) to producers and first-handlers of the direct costs related to the processing, trans- shall be entitled to receive for one on more 2000 crop of cottonseed that previously re- portation, and distribution of commodities contract commodities and oilseeds under the ceived assistance under such section. to eligible recipient agencies. The grants Agricultural Market Transition Act (7 U.S.C. SEC. 7. SPECIALTY CROPS. shall be allocated to States in the manner 7201 et seq.) during the 2001 crop year may (a) BASE STATE GRANTS.—The Secretary provided under section 204(a) of the Emer- not exceed $150,000. shall use $26,000,000 of funds of the Com- gency Food Assistance Act of 1983 (7 U.S.C. SEC. 11. TIMING OF, AND LIMITATION ON, EX- modity Credit Corporation to make grants to 7508(a)). PENDITURES. the several States and the Commonwealth of SEC. 9. TECHNICAL CORRECTION REGARDING IN- (a) DEADLINE FOR EXPENDITURES.—All ex- Puerto Rico to be used to support activities DEMNITY PAYMENTS FOR COTTON penditures required by this Act shall be that promote agriculture. The amount of the PRODUCERS. made not later than September 30, 2001. Any grant shall be— (a) CONDITIONS ON PAYMENT TO STATE.— funds made available by this Act and re- (1) $500,000,000 to each of the several Subsection (b) of section 1121 of the Agri- maining unexpended by October 1, 2001, shall States; and culture, Rural Development, Food and Drug be deemed to be unexpendable, and the au- (2) $1,000,000 to the Commonwealth of Puer- Administration, and Related Agencies Ap- thority provided by this Act to expend such to Rico. propriations Act, 1999 (as contained in sec- funds is rescinded effective on that date.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8495 (b) TOTAL AMOUNT OF EXPENDITURES.— The Commerce, Science, and Transpor- meet during the session of the Senate total amount expended under this Act may tation be authorized to meet on Tues- on Tuesday, July 31, 2001, at 2 p.m., to not exceed $5,500,000,000. If the payments re- day, July 31, 2001, at 2:30 p.m., on spec- hold a nomination hearing. quired by this Act would result in expendi- trum management and third genera- Nominees: Ms. Carole Brookins, of tures in excess of such amount, the Sec- retary shall reduce such payments on a pro tion wireless. Indiana, to be United States Executive rata basis as necessary to ensure that such The PRESIDING OFFICER. Without Director of the International Bank for expenditures do not exceed such amount. objection, it is so ordered. Reconstruction and Development; Mr. SEC. 12. REGULATIONS. COMMITTEE ON FINANCE Ross J. Connelly, of Maine, to be Exec- (a) PROMULGATION.—As soon as practicable Mr. REID. Mr. President, I ask unan- utive Vice President of Overseas Pri- after the date of the enactment of this Act, imous consent that the Committee on vate Investment Corporation; Ms. the Secretary and the Commodity Credit Finance be authorized to meet during Jeanne L. Phillips, of Texas, to be Rep- Corporation, as appropriate, shall promul- the session of the Senate on Tuesday, resentative of the United States of gate such regulations as are necessary to im- July 31, 2001, to consider the nomina- America to the Organization for Eco- plement this Act and the amendments made nomic Cooperation and Development, by this Act. The promulgation of the regulations of Robert Bonner to be Commis- tions and administration of this Act shall be sioner of Customs; Rosario Marin to be with the rank of Ambassador; Mr. made without regard to— Treasurer of the United States; Jon Randal Quarles, of Utah, to be United (1) the notice and comment provisions of Huntsman, Jr., to be Deputy United States Executive Director of the Inter- section 553 of title 5, United States Code; States Trade Representatives; Alex national Monetary Fund; and Mr. Pat- (2) the Statement of Policy of the Sec- Azar II, to be General Counsel of the rick M. Cronin, of the District of Co- retary of Agriculture effective July 24, 1971 Department of Health and Human lumbia, to be an Assistant Adminis- (36 Fed. Reg. 13804), relating to notices of trator (for Policy and Program Coordi- proposed rulemaking and public participa- Services; and Janet Rehnquist to be In- tion in rulemaking; and spector General of the Department of nation) of the United States Agency for (3) chapter 35 of title 44, United States Health and Human Services. International Development. Code (commonly known as the ‘‘Paperwork The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Reduction Act’’). objection, it is so ordered. objection, it is so ordered. (b) CONGRESSIONAL REVIEW OF AGENCY COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON FOREIGN RELATIONS RULEMAKING.—In carrying out this section, Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- the Secretary shall use the authority pro- imous consent that the Committee on vided under section 808 of title 5, United imous consent that the Committee on States Code. Foreign Relations be authorized to Foreign Relations be authorized to (c) This section shall be effective one day meet during the session of the Senate meet during the session of the Senate after enactment. on Tuesday, July 31, 2001, at 11 a.m., to on Tuesday, July 31, 2001, at 4 p.m., to hold a nomination hearing. f hold a nomination hearing. Nominees: The Honorable R. Nicholas Nominees: Mr. Robert G. Loftis, of AUTHORITY FOR COMMITTEES TO Burns, of Massachusetts, to be United Colorado, to be Ambassador to the MEET States Permanent Representative on Kingdom of Lesotho; the Honorable Jo- COMMITTEE ON AGRICULTURE, NUTRITION, AND Council of NATO with rank of Ambas- seph G. Sullivan, of Virginia, to be Am- FORESTRY sador; the Honorable Daniel R. Coats, bassador to the Republic of Zimbabwe; Mr. REID. Mr. President, I ask unan- of Indiana, to be Ambassador to the and Mr. Christopher W. Dell, of New imous consent that the Committee on Federal Republic of Germany; Mr. Jersey, to be Ambassador to the Re- Agriculture, Nutrition, and Forestry be Craig R. Stapleton, of Connecticut, to public of Angola. allowed to meet during the session of be Ambassador to the Czech Republic; The PRESIDING OFFICER. Without the Senate on Tuesday, July 31, 2001. the Honorable Johnny Young, of Mary- objection, it is so ordered. The purpose of this hearing will be to land, to be Ambassador to the Republic COMMITTEE ON GOVERNMENTAL AFFAIRS discuss conservation on working lands of Slovenia; and Mr. Richard J. Egan, Mr. REID. Mr. President, I ask unan- for the next Federal farm bill. of Massachusetts, to be Ambassador to imous consent that the Committee on The PRESIDING OFFICER. Without Ireland. Governmental Affairs be authorized to objection, it is so ordered. The PRESIDING OFFICER. Without meet on Tuesday, July 31, 2001, at 2:30 COMMITTEE ON ARMED SERVICES objection, it is so ordered. p.m., to consider the nomination of Mr. REID. Mr. President, I ask unan- COMMITTEE ON FOREIGN RELATIONS Daniel Levinson to be Inspector Gen- imous consent that the Committee on Mr. REID. Mr. President, I ask unan- eral, General Services Administration. Armed Services be authorized to meet imous consent that the Committee on The PRESIDING OFFICER. Without during the session of the Senate on Foreign Relations be authorized to objection, it is so ordered. Tuesday, July 31, 2001, at 9:30 a.m., in meet during the session of the Senate COMMITTEE ON HEALTH EDUCATION, LABOR, AND open session to consider the nomina- on Tuesday, July 31, 2001, at 11 a.m., to PENSIONS tions of: John P. Stenbit to be Assist- hold a nomination hearing. Mr. HARKIN. Mr. President, I ask ant Secretary of Defense for Command, Nominees: Mr. Vincent M. Battle, of unanimous consent that the Com- Control, Communication and Intel- the District of Columbia, to be Ambas- mittee on Health Education, Labor, ligence; Ronald M. Sega to be Director sador to the Republic of Lebanon; the and Pensions be authorized to meet for of Defense Research and Engineering; Honorable Edward William Gnehm, Jr., a hearing on Workplace Safety and As- Mario P. Fiori to be Assistant Sec- of Georgia, to be Ambassador to the bestos Contamination during the ses- retary of the Army for Installations Hashemite Kingdom of Jordan; the sion of the Senate on Tuesday, July 31, and Environment; H. T. Johnson to be Honorable Edmund J. Hull, of Virginia, 2001, at 2 p.m. Assistant Secretary of the Navy for In- to be Ambassador to the Republic of The PRESIDING OFFICER. Without stallations and Environment; Michael Yemen; the Honorable Richard H. objection, it is so ordered. L. Dominguez to be Assistant Sec- Jones, of Nebraska, to be Ambassador COMMITTEE ON INDIAN AFFAIRS retary of the Air Force for Manpower to the State of Kuwait; the Honorable Mr. REID. Mr. President, I ask unan- and Reserve Affairs; Michael Parker to Theodore H. Kattouf, of Maryland, to imous consent that the Committee on be Assistant Secretary of the Army for be Ambassador to the Syrian Arab Re- Indian Affairs be authorized to meet on Civil Works; and Nelson F. Gibbs to be public; and Ms. Maureen Quinn, of New July 31, 2001, at 10 a.m., in room 485, Assistant Secretary of the Air Force Jersey, to be Ambassador to the State Russell Senate Building to conduct a for Installations and Environment. of Qatar. business meeting on pending com- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mittee business, to be followed imme- objection, it is so ordered. objection, it is so ordered. diately by a hearing on Indian Health COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON FOREIGN RELATIONS Care Improvement Act focusing on TRANSPORTATION Mr. REID. Mr. President, I ask unan- urban Indian Health Care Programs. Mr. REID. Mr. President, I ask unanimous consent that the Committee on The PRESIDING OFFICER. Without imous consent that the Committee on Foreign Relations be authorized to objection, it is so ordered.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S8496 CONGRESSIONAL RECORD — SENATE July 31, 2001 SUBCOMMITTEE ON NATIONAL PARKS the Agriculture supplemental bill, Sen- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- ator DASCHLE or his designee be recog- objection, it is so ordered. imous consent that the Subcommittee nized, and that at 11:00 a.m. the motion The bill (H.R. 2647), as amended, was on National Parks of the Committee on to proceed and the motion to recon- read the third time and passed. Energy and Natural Resources be au- sider the failed cloture vote on H.R. Mr. REID. I further ask consent that thorized to meet during the session of 2299 be agreed to, and the Senate vote the remaining provisions of the order the Senate on Tuesday, July 31, at 2:30 without any intervening action or de- of July 19 remain in effect. p.m., to conduct a hearing. The sub- bate on cloture on H.R. 2299; and that The PRESIDING OFFICER. Without committee will receive testimony on S. the time prior to the vote be equally objection, it is so ordered. 689, to convey certain Federal prop- divided between the two leaders or The Presiding Officer (Mr. CARPER) erties on Governors Island, NY; S. 1175, their designees. appointed Mr. DURBIN, Mr. JOHNSON, to modify the boundary of Vicksburg The PRESIDING OFFICER. Without Mr. REED, Mr. BYRD, Mr. BENNETT, Mr. National Military Park to include the objection, it is so ordered. STEVENS, and Mr. COCHRAN conferees on the part of the Senate. property known as Pemberton’s Head- f quarters, and for other purposes; S. f APPOINTMENTS 1227, to authorize the Secretary of the ENFORCEMENT OF HUMANE METH- Interior to conduct a study of the suit- The PRESIDING OFFICER. The ODS OF SLAUGHTER ACT OF 1958 ability and feasibility of establishing Chair, on behalf of the President pro Mr. REID. Mr. President, I ask unan- the Niagara Falls National Heritage tempore, and upon the recommenda- imous consent the Agriculture Com- Area in the State of New York, and for tion of the Republican leader, pursuant mittee be discharged from further con- other purposes; and H.R. 601, to redes- to 22 U.S.C. 2761, as amended, appoints sideration of S. Con. Res. 45 and the ignate certain lands within the Craters the Senator from Mississippi (Mr. Senate then proceed to its immediate of the Moon National Monument, and COCHRAN) as Vice Chairman of the Sen- ate Delegation to the British-American consideration. for other purposes. The PRESIDING OFFICER. Without Interparliamentary Group during the The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 107th Congress. objection, it is so ordered. will report the concurrent resolution SUBCOMMITTEE ON SEAPOWER The Chair, on behalf of the Vice President, in accordance with 22 U.S.C. by title. Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: 1928a–1928d, as amended, appoints the imous consent that the Subcommittee A concurrent resolution (S. Con. Res. 45) Senator from Oregon (Mr. SMITH) as on Seapower of the Committee on expressing the sense of the Congress that the Armed Services be authorized to meet Vice Chairman of the Senate Delega- Humane Methods of Slaughter Act of 1958 during the session of the Senate on tion to the NATO Parliamentary As- should be fully enforced so as to prevent Tuesday, July 31, 2001, at 2:30 p.m., in sembly during the 107th Congress. needless suffering of animals. open session to receive testimony on f There being no objection, the Senate Navy shipbuilding programs, in review COMMENDING JAMES W. ZIGLAR proceeded to consideration of the con- of the Defense authorization request current resolution. Mr. REID. Mr. President, I further for fiscal year 2002. Mr. REID. I ask unanimous consent ask unanimous consent that the Sen- The PRESIDING OFFICER. Without the resolution be agreed to, the pre- ate now proceed to the immediate con- objection, it is so ordered. amble be agreed to, the motion to re- sideration of S. Res. 144, which is at the consider be laid on the table, and any f desk. statements relating to this measure be PRIVILEGE OF THE FLOOR The PRESIDING OFFICER. The printed in the RECORD. clerk will report the resolution by The PRESIDING OFFICER. Without Mr. WELLSTONE. Madam President, title. objection, it is so ordered. I ask unanimous consent that Steph- The legislative clerk read as follows: The concurrent resolution (S. Con. anie Zawistowski—I cannot believe I A resolution (S. Res. 144) commending Res. 45) was agreed to. am having trouble with this; my moth- James W. Ziglar for his service to the United The preamble was agreed to. er’s name was Mencha Daneshevsky— States Senate. The concurrent resolution, with its be granted floor privileges during the There being no objection, the Senate preamble, reads as follows: rest of the day. will proceed to the consideration of the S. CON. RES. 45 The PRESIDING OFFICER. Without resolution. Whereas public demand for passage of Pub- objection, it is so ordered. Mr. REID. I ask unanimous consent lic Law 85–765 (commonly known as the ‘‘Hu- Mr. ROBERTS. Mr. President, I ask that the resolution be agreed to, the mane Methods of Slaughter Act of 1958’’) (7 unanimous consent that during the re- preamble be agreed to, and the motion U.S.C. 1901 et seq.) was so great that when mainder of the debate and consider- to reconsider be laid upon the table. President Eisenhower was asked at a press ation of the Emergency Agriculture The PRESIDING OFFICER. Without conference if he would sign the bill, he re- Assistance Act, Matt Howe, a member plied, ‘‘If I went by mail, I’d think no one objection, it is so ordered. was interested in anything but humane of my staff, be granted privileges of the The resolution (S. Res. 144) was floor. slaughter’’; agreed to. Whereas the Act requires that animals be The PRESIDING OFFICER. Without The preamble was agreed to. rendered insensible to pain when they are objection, it is so ordered. (The text of the resolution is printed slaughtered; Mr. HARKIN. I ask unanimous con- in today’s RECORD under ‘‘Statements Whereas on April 10, 2001, a Washington sent that Sarah Zessar and Jason Klug on Submitted Resolutions.’’) Post front page article reported that enforce- be allowed floor privileges during de- ment records, interviews, videos, and worker f bate on S. 1246. affidavits describe repeated violations of the The PRESIDING OFFICER. Without LEGISLATIVE BRANCH Act and that the Federal Government took objection, it is so ordered. APPROPRIATIONS ACT, 2002 no action against a company that was cited 22 times in 1998 for violations of the Act; f Mr. REID. I ask unanimous consent Whereas the article asserted that in 1998, that with respect to H.R. 2647, the leg- the Secretary of Agriculture stopped track- MODIFIED ORDERS FOR islative branch appropriations bill, and ing the number of humane-slaughter viola- WEDNESDAY, AUGUST 1, 2001 pursuant to the order of July 19, 2001, tions; Mr. REID. Mr. President, I ask unan- the bill, as amended, be read three Whereas the article concluded that sci- imous consent that the previous con- times, passed, and the motion to recon- entific evidence shows tangible economic vening order for tomorrow be modified sider be laid upon the table; that the benefits when animals are treated well; Whereas the United States Animal Health and provide for the convening of the Senate insist on its amendment, re- Association passed a resolution at an Octo- Senate at 10 a.m., with the remainder quest a conference with the House, and ber 1998 meeting to encourage strong en- of the orders still in effect, and when the Chair be authorized to appointment forcement of the Act and reiterated support the Senate resumes consideration of conferees. for the resolution at a meeting in 2000; and

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — SENATE S8497 Whereas it is the responsibility of the Sec- ENVIRONMENTAL AND SCIENTIFIC AFFAIRS, VICE DAVID To be rear admiral (lower half) B. SANDALOW. retary of Agriculture to enforce the Act MARTIN J. SILVERSTEIN, OF PENNSYLVANIA, TO BE CAPT. RICHARD K. GALLAGHER JR., 0000 fully: Now, therefore, be it AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY CAPT. THOMAS J. KILCLINE, 0000 Resolved by the Senate (the House of Rep- OF THE UNITED STATES OF AMERICA TO THE ORIENTAL REPUBLIC OF URUGUAY. IN THE MARINE CORPS resentatives concurring), JOHN N. PALMER, OF MICHIGAN, TO BE AMBASSADOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXTRAORDINARY AND PLENIPOTENTIARY OF THE SECTION 1. HUMANE METHODS OF ANIMAL TO THE GRADE INDICATED IN THE UNITED STATES MA- UNITED STATES OF AMERICA TO THE REPUBLIC OF POR- SLAUGHTER. RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION TUGAL. It is the sense of Congress that— BONNIE MCELVEEN-HUNTER, OF NORTH CAROLINA, TO 12203: (1) the Secretary of Agriculture should— BE AMBASSADOR EXTRAORDINARY AND PLENI- To be colonel POTENTIARY OF THE UNITED STATES OF AMERICA TO (A) resume tracking the number of viola- THE REPUBLIC OF FINLAND. CURTIS W. MARSH, 0000 tions of Public Law 85–765 (7 U.S.C. 1901 et BRIAN E. CARLSON, OF VIRGINIA, A CAREER MEMBER seq.) and report the results and relevant OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER DEPARTMENT OF DEFENSE MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND MARVIN R. SAMBUR, OF INDIANA, TO BE AN ASSISTANT trends annually to Congress; and PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF LATVIA. SECRETARY OF THE AIR FORCE, VICE LAWRENCE J. (B) fully enforce Public Law 85–765 by en- DELANEY. suring that humane methods in the slaugh- MATTIE R. SHARPLESS, OF NORTH CAROLINA, A CA- REER MEMBER OF THE SENIOR FOREIGN SERVICE, FARM CREDIT ADMINISTRATION ter of livestock— CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- (i) prevent needless suffering; TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED GRACE TRUJILLO DANIEL, OF CALIFORNIA, TO BE A (ii) result in safer and better working con- STATES OF AMERICA TO THE CENTRAL AFRICAN REPUB- MEMBER OF THE BOARD OF DIRECTORS OF THE FED- LIC. ERAL AGRICULTURAL MORTGAGE CORPORATION, VICE ditions for persons engaged in the slaugh- R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- CLYDE ARLIE WHEELER, JR. tering of livestock; BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- FRED L. DAILEY, OF OHIO, TO BE A MEMBER OF THE (iii) bring about improvement of products ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MORTGAGE CORPORATION, VICE GORDON CLYDE SOUTH- and economies in slaughtering operations; OF AMERICA TO THE REPUBLIC OF GUINEA. ERN. and DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTATION (iv) produce other benefits for producers, JOHN W. SUTHERS, OF COLORADO, TO BE UNITED MARY E. PETERS, OF ARIZONA, TO BE ADMINISTRATOR processors, and consumers that tend to expe- STATES ATTORNEY FOR THE DISTRICT OF COLORADO OF THE FEDERAL HIGHWAY ADMINISTRATION, VICE KEN- FOR THE TERM OF FOUR YEARS, VICE THOMAS LEE dite an orderly flow of livestock and live- NETH R. WYKLE, RESIGNED. stock products in interstate and foreign STRICKLAND, RESIGNED. ANNA MILLS S. WAGONER, OF NORTH CAROLINA, TO BE DEPARTMENT OF JUSTICE commerce; and UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT (2) it should be the policy of the United OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, CRANSTON J. MITCHELL, OF MISSOURI, TO BE A COM- VICE WALTER CLINTON HOLTON, JR., RESIGNED. MISSIONER OF THE UNITED STATES PAROLE COMMIS- States that the slaughtering of livestock and THOMAS E. MOSS, OF IDAHO, TO BE UNITED STATES AT- SION FOR A TERM OF SIX YEARS, VICE TIMOTHY EARL the handling of livestock in connection with TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF JONES, SR. slaughter shall be carried out only by hu- FOUR YEARS, VICE BETTY HANSEN RICHARDSON, RE- UNITED STATES AGENCY FOR INTERNATIONAL mane methods. SIGNED. WILLIAM WALTER MERCER, OF MONTANA, TO BE DEVELOPMENT f UNITED STATES ATTORNEY FOR THE DISTRICT OF MON- TANA FOR THE TERM OF FOUR YEARS, VICE SHERRY KENT R. HILL, OF MASSACHUSETTS, TO BE AN ASSIST- SCHEEL MATTEUCCI, RESIGNED. ANT ADMINISTRATOR OF THE UNITED STATES AGENCY ORDER OF BUSINESS MICHAEL G. HEAVICAN, OF NEBRASKA, TO BE UNITED FOR INTERNATIONAL DEVELOPMENT, VICE DONALD LEE STATES ATTORNEY FOR THE DISTRICT OF NEBRASKA PRESSLEY, RESIGNED. Mr. REID. Mr. President, based on FOR THE TERM OF FOUR YEARS, VICE THOMAS JUSTIN what the majority leader has said and MONAGHAN, RESIGNED. DEPARTMENT OF STATE TODD PETERSON GRAVES, OF MISSOURI, TO BE UNITED JOHN J. DANILOVICH, OF CALIFORNIA, TO BE AMBAS- what he has done and the orders that STATES ATTORNEY FOR THE WESTERN DISTRICT OF SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF MISSOURI FOR THE TERM OF FOUR YEARS, VICE STE- have been entered in the last few min- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF PHEN LAWRENCE HILL, JR., RESIGNED. COSTA RICA. utes, we will convene tomorrow at 10 JOHN L. BROWNLEE, OF VIRGINIA, TO BE UNITED a.m. and resume consideration of the STATES ATTORNEY FOR THE WESTERN DISTRICT OF VIR- CORPORATION FOR NATIONAL AND COMMUNITY GINIA FOR THE TERM OF FOUR YEARS, VICE ROBERT P. Agriculture supplemental authoriza- CROUCH, JR., RESIGNED. SERVICE tion bill. At 11, Senator DASCHLE will PAUL K. CHARLTON, OF ARIZONA, TO BE UNITED LESLIE LENKOWSKY, OF INDIANA, TO BE CHIEF EXECU- be recognized and the Senate will vote STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR TIVE OFFICER FOR THE CORPORATION FOR NATIONAL THE TERM OF FOUR YEARS, VICE JOSE DE JESUS RI- AND COMMUNITY SERVICE, VICE HARRIS WOFFORD, RE- on cloture on the Transportation Ap- VERA, RESIGNED. SIGNED. IN THE ARMY propriations Act. DEPARTMENT OF JUSTICE f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED EDWARD F. REILLY, OF KANSAS, TO BE A COMMIS- ADJOURNMENT UNTIL 10 A.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SIONER OF THE UNITED STATES PAROLE COMMISSION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FOR A TERM OF SIX YEARS. (REAPPOINTMENT) TOMORROW MARIE F. RAGGHIANTI, OF MARYLAND, TO BE A COM- To be lieutenant general MISSIONER OF THE UNITED STATES PAROLE COMMIS- SION FOR A TERM OF SIX YEARS, VICE MICHAEL JOHN- Mr. REID. Mr. President, there being MAJ. GEN. JOHN M. LE MOYNE, 0000 STON GAINES, TERM EXPIRED. no further business, I ask unanimous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GILBERT G. GALLEGOS, OF NEW MEXICO, TO BE A COM- consent the Chair adjourn the Senate. IN THE UNITED STATES ARMY TO THE GRADE INDICATED MISSIONER OF THE UNITED STATES PAROLE COMMIS- UNDER TITLE 10, U.S.C., SECTION 624: SION FOR A TERM OF SIX YEARS, VICE JANIE L. JEF- There being no objection, the Senate, FERS. at 7:28 p.m., adjourned until Wednes- To be major general day, August 1, 2001, at 10 a.m. BRIG. GEN. LESTER MARTINEZ-LOPEZ, 0000 f f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- NOMINATIONS CATED UNDER TITLE 10, U.S.C., SECTION 12203: CONFIRMATION To be brigadier general Executive nominations received by Executive nomination confirmed by COL. DAWN R. HORN, 0000 the Senate July 31, 2001: the Senate July 31, 2001: IN THE NAVY DEPARTMENT OF STATE DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN F. TURNER, OF WYOMING, TO BE ASSISTANT SEC- IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES W. ZIGLAR, OF MISSISSIPPI, TO BE COMMIS- RETARY OF STATE FOR OCEANS AND INTERNATIONAL UNDER TITLE 10, U.S.C., SECTION 624: SIONER OF IMMIGRATION AND NATURALIZATION.

VerDate Mar 15 2010 04:07 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 31, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1477 EXTENSIONS OF REMARKS

INDIAN DUPLICITY EXPOSED; DEPARTMENTS OF VETERANS AF- I urge all members to support this important INDIA MUST LIVE UP TO DEMO- FAIRS AND HOUSING AND URBAN amendment to prohibit EPA funds from being CRATIC PRINCIPLES DEVELOPMENT, AND INDE- used to weaken the arsenic standard. PENDENT AGENCIES APPROPRIA- HON. DAN BURTON TIONS ACT, 2002 f OF INDIANA SPEECH OF HONORING MARY E. JOHNS IN THE HOUSE OF REPRESENTATIVES HON. JANICE D. SCHAKOWSKY Monday, July 30, 2001 OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES HON. MARK UDALL Mr. BURTON of Indiana. Mr. Speaker, the duplicity of India is clearer after the collapse of Friday, July 27, 2001 OF COLORADO its talks with Pakistan. Pakistani President The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES Musharraf went home abruptly because India House on the State of the Union had under was not dealing in good faith. Although much consideration the bill (H.R. 2620) making ap- Monday, July 30, 2001 discussion focused on the Kashmir issue, In- propriations for the Departments of Vet- dia’s spokeswoman never even acknowledged erans Affairs and Housing and Urban Devel- Mr. UDALL of Colorado. Mr. Speaker, I rise opment and for sundry independent agencies, today to both honor and thank Mary Johns, a that Kashmir was on the agenda. India re- boards, commissions, corporations, and of- fused to go along with three drafts of a joint fices for the fiscal year ending September 30, dedicated member of the community and my statement approved by both leaders. Instead, 2002, and for other purposes: staff. Mary has a long history of involvement India insisted on including its unfounded accu- Ms. SCHAKOWSKY. Mr. Chairman, I rise in in the 2nd Congressional District of Colorado sations that Pakistan is fomenting terrorism in strong support for the Bonior-Waxman-Obey- and is deserving of special recognition. Kashmir and other places that India controls. Brown (OH)-Kildee amendment. I don’t think After graduating from Santa Monica College India has a long record of supporting ter- there is one person out there in America who, with a degree in Public Administration, Mary rorism against the people within its borders. if asked, would state a preference for dan- moved to Colorado to raise a family and pur- The most recent incident took place last gerous levels of arsenic in their drinking water. sue her interests in local and national govern- month when Indian military troops tried to burn The Republican majority and President Bush down a Gurdwara and some Sikh homes in clearly haven’t asked the American public or ment. Her commitment to public service is ap- Kashmir, but were stopped by Sikh and Mus- just don’t care because tougher protections parent when one looks at her involvement in lim residents of the town. There are many from arsenic are long overdue. local politics and community-based organiza- other incidents. The massacre in In 1996, the Congress instructed EPA to up- tions. She was a member of the City of Thorn- Chithisinghpora is very well known by now. It’s date the Arsenic standard of 50 parts per bil- ton Career Service Board, also serving as also well known that India paid out over lion no later than January of 2001. Vice-Chairwoman, and was Chairwoman and 41,000 cash bounties to police officers for kill- In 1999, the National Academy of Sciences, Trustee of the MetroNorth PAC. Mary’s inter- ing Sikhs. It’s well known that India holds tens after years of research, found that the old ar- ests also included involvement in the ADCO of thousands of political prisoners, Sikhs and senic standard of 50 ppb for drinking water Partners in Progress for a New Airport and the other minorities, in illegal detention with no ‘‘does not achieve EPA’s goal for public health Adams County Airport Task Force. charges and no trial. Some of them have been protection and, therefore, requires downward held since 1984. Is this how a democratic revision as promptly as possible.’’ During this time she went to work for United state conducts its affairs? Finally, in January 2001, after decades of States Congressman David Skaggs. It was in It is India that introduced the specter of nu- public comment, debate, and millions of dol- that office that she began working with vet- clear terrorism into South Asia with its nuclear lars of research, EPA issued the new standard erans, postal workers and labor organizations. tests. Can we blame Pakistan for responding? of 10 ppb—which was considered a com- She demonstrated great understanding and Although it claims that the nuclear weapons promise proposal. compassion with all constituents that she In April I released the results of a study that are to protect them from China, the majority of came in contact with and continued to work to- was conducted by Congressman WAXMAN’s them are pointed at Pakistan. Unfortunately, if wards improving the quality of life for the peo- staff on the Government Reform Committee. there is a war between India and Pakistan, it The report was focused on Illinois and warned ple of her community. is the minority peoples in Punjab and Kashmir that the health of thousands of Illinois resi- Beyond working for elected officials, Mary who will suffer the most and bear most of the dents is at risk since their drinking water con- became one herself in 1989 when she was cost. tains unacceptable levels of arsenic. The re- elected to the Adams Twelve Five Star School The United States must become more en- port showed that as many as 134,000 people District Board of Education. Mary understood gaged in the subcontinent. We should con- in Illinois in almost 60 communities are drink- tinue to encourage both India and Pakistan to the importance of our public education system ing water that contains arsenic levels above and worked hard to ensure that every child in reduce their nuclear stockpiles. However, we the standard of 20 parts per billion (ppb). her district had access to quality schools. She should not remove the sanctions against India Science has proven that arsenic is a car- for its introduction of nuclear weapons into this cinogen and it is deadly—it causes cancer, has served as President and Vice President region. In addition, we should end all aid to birth defects, and cardiovascular disease. during three terms on the school board, and I India until the most basic human rights are re- What more evidence does President Bush am sure that she will continue to be an advo- spected and not violated. Finally, we should need to get it out of our water? I’ve been a cate for education. publicly declare support for a free and fair vote consumer rights advocate for a long time and Mary has been a member of my staff since in Kashmir, as promised in 1948 and as Presi- in public office for ten years, and until now, I was elected in 1998. She has continued to dent Musharraf was pushing for, and in Pun- I’ve never met a so-called leader so eager to help constituents as a caseworker, and her jab, Khalistan, in Nagalim, and in all the 17 do so little for public health. knowledge and experience have been invalu- nations under Indian occupation where free- Thanks to the deep pockets of President dom movements are ongoing. Only by these Bush’s mining and chemical industry friends, able to both my staff and me. I wish her the means can we strengthen America’s hand in the United States has the same arsenic drink- best of luck as she continues her journey from South Asia, ensure that a violent breakup like ing water standard as Bangladesh at 50 ppb. public service to full-time grandmother, mother that of Yugoslavia does not occur in the sub- This Administration is willing to risk the health and wife. On behalf of the people of the 2nd continent, and let the glow of freedom shine of millions to pay back the special interests Congressional District, I thank her for all she for all the people of that troubled region. and it is time we put a stop to it. has done.

∑ 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 05:00 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JY8.000 pfrm01 PsN: E31PT1 E1478 CONGRESSIONAL RECORD — Extensions of Remarks July 31, 2001 PERSONAL EXPLANATION provided in the legislation will help ensure the boards, commissions, corporations, and of- safety for the men and women who work in fices for the fiscal year ending September 30, HON. EARL BLUMENAUER the Courthouse, and the millions of others who 2002, and for other purposes: Mrs. JONES of Ohio. Mr. Chairman, I sub- OF OREGON enjoy this historic, public structure. mit for following for the RECORD in support of IN THE HOUSE OF REPRESENTATIVES On rollcall 275, I would have voted ‘‘nay’’ on the resolution disapproving of the President’s the amendment offered by the gentlewoman of Monday, July 30, 2001 recent Jackson-Vanik waiver for Vietnam. Ohio (Ms. KAPTUR). Mr. BLUMENAUER. Mr. Speaker, from Since coming to Congress five years ago, I CUYAHOGA METROPOLITAN Wednesday, July 25 to Friday, July 27, 2001, have been deeply involved in the process of HOUSING AUTHORITY, I was absent due to a personal family emer- normalizing relations between our nation and Cleveland, OH, July 30, 2001. gency and missed a number of rollcall votes. Vietnam. Last winter I traveled to Vietnam with RE: Public Housing Drug Elimination Grant (PHDEP) Update On rollcall votes Numbered: 270, 271, 273, President Clinton, and I was present for the 274, 276, 280, 282, 284, 285, 286, 287, 288, signing of the Bilateral Trade Agreement. Hon. STEPHANIE TUBBS JONES, and 289, I would have voted ‘‘yea.’’ Vietnam is a diverse nation that is growing House of Representatives, Longworth House Of- On rollcall votes Numbered: 272, 275, 277, fice Building, Washington, DC. rapidly and opening both economically and DEAR CONGRESSWOMAN TUBBS JONES: I am 278, 279, 281, and 283, I would have voted culturally. To disrupt the hard work of engage- writing to follow-up on our conversation last ‘‘nay.’’ ment between our two nations now would be week about the Public Housing Drug Elimi- On rollcall votes 270 and 271, I would have devastating. Were I here, I would have voted nation Program (PHDEP), and to update you voted ‘‘yea’’ on both amendments. Like the against the disapproval resolution, and I hope on CMHA’s implementation of PHDEP majority of my colleagues in this House, I sup- last week’s overwhelming vote against the res- grants since 1996. The following table will provide you with a year-by-year breakdown port expanded travel for Americans to Cuba. olution (91–324) will encourage my colleagues Increasing travel opportunities for Americans of the amounts we received, expended and on both sides of the aisle to work together to the time frame for the grants. to Cuba is a win-win situation for people in bring the Vietnam BTA to the floor for consid- both countries, and helps to expand the operation. Year Grant Expanded as % Grant date End date portunities to better understand our two cul- On rollcall 288, I would have voted ‘‘yea’’ on amount of 6/30/01 Spent tures and increase exposure to the ideals of the Bonior amendment to reinstate the arsenic 2001 2,707,766 ...... American democracy. 2000 2,550,794 168,575 6.6 11/14/2000 11/13/2002 standards put in place by the Clinton Adminis- 1999 2,447,497 1,553,460 63.5 1/24/2000 1/23/2002 Rollcall 271, the Rangel amendment, would tration. The Public Health Service adopted the 1998 2,756,000 2,745,236 99.6 12/22/1998 12/21/2000 have stopped the embargo on Cuba. It should 1997 2,777,840 2,777,840 100 12/19/1997 12/20/1999 current 50 parts per billion arsenic standard in 1996 2,832,250 2,832,250 100 11/19/1996 *5/19/1999 be painfully clear by now that the embargo on 1942, before arsenic was known to cause can- *Not yet awarded by HUD. Cuba is not working. Castro has ruled the is- cer. In 1999, the National Academy of *Included six-month extension. land with an iron-fist for forty years. Sciences unanimously found that this outdated Four decades ago, had America interacted, By contrast, HUD allows housing authori- arsenic standard for drinking water does not ties two years to expend PHDEP funds from traded, and exchanged ideas with Cuba there ensure public health protection and that a the date the grant agreement is signed by is a good chance that Castro would be gone downward revision was required. The Acad- HUD. With only two exceptions CMHA has and Cuba free. I see that a large number of emy said that drinking water at the current expended all PHDEP grant funds during the my colleagues agree with me, and I hope to EPA standard ‘‘could easily’’ result in a total contract period. Once we received a six- work with them in the future to change our na- month extension from HUD to fully expend fatal cancer risk of one in 100. That’s a cancer the 1996 PHDEP grant, and once CMHA re- tion’s outmoded sanctions policy in respect to risk 10,000 times higher than EPA allows for Cuba. turned $10,764 (0.4%) of unexpended funds food, and 100 times higher than EPA has ever from the 1998 PHDEP grant. Presently, we On rollcall 273, I would have voted ‘‘yea.’’ In allowed for tap water contaminants. are on schedule to fully expend the 1999 and the past, I have expressed support for private Arsenic is found in the tap water of over 26 200 PHDEP grants, and HUD has not yet exe- accounts in our Social Security system, but million Americans and is one of the most ubiq- cuted a grant agreement for the 2001 PHDEP with the understanding that any such proposal uitous contaminants of health concern in tap funds. As you can see from this matrix, accounts for the true cost of transition to a water. The new standard put in place by the CMHA has not allowed funds to go unused, and is, as well as has been in compliance system that includes some element of privat- Clinton Administration last year was the result ization. I am sorely disappointed in the proc- with HUD requirements. of 25 years of public comment, debate and at As we have previously discussed, PHDEP ess and released report by the Administra- least three missed statutory deadlines. One of funding is essential to CMHA safety efforts tion’s Social Security Commission. I believe it the Bush Administration’s first actions was to and social service programming, and as a re- has been dishonest in its assessment of the overturn this rule and instead maintain a less minder, the loss of $2.7 million in PHDEP current state of Social Security, and the Ad- protective arsenic standard. I support the funding could eliminate CMHA support of ministration has unwisely decided to reduce the following programs: Bonior Amendment and hope that its passage ∑ taxes in order to benefit those least in need of CMHA Police Activities League (PAL), will give a clear indication to the Bush Admin- which provides after school athletic pro- tax cuts, thus leaving the government ac- istration of the need to reconsider their posi- grams for more than 700 youth from ages 5- counts unbalanced. Given recent pronounce- tion on this issue and take seriously the threat 18 annually. ments by the Director of the Office of Manage- that Arsenic in our drinking water poses to the ∑ Boys and Girls Clubs located at four ment and Budget that the Administration may health of our families and the livability of our CMHA estates, which provide safe havens for almost 500 children annually to find fun and need to dip into Medicare and Social Security communities. to cover its spending proposals, I cannot sup- recreation. f ∑ port the recommendations of this biased Several self-sufficiency programs, which have provided employment opportunities for panel. DEPARTMENTS OF VETERANS AF- 100 adults annually through job readiness, On rollcall 274, I would have voted ‘‘yea’’ on FAIRS AND HOUSING AND URBAN job training and entrepreneurial programs. the final passage of the FY 2002 Treasury DEVELOPMENT, AND INDE- Adult Outpatient Substance Abuse pro- Postal appropriations act. In addition to the PENDENT AGENCIES APPROPRIA- grams, which have provided services to over numerous important federal programs funded TIONS ACT, 2002 600 residents annually. through this legislation, in particular I want to Teen Outpatients Prevention/Treatment SPEECH OF programs, which serve more than 900 youth emphasize my support for the inclusion of annually. $16,629,000 to upgrade and retrofit the Pio- HON. STEPHANIE TUBBS JONES CMHA Police Department’s Community neer Courthouse in Portland, Oregon. Policing and Narcotics/Gangs Units, which OF OHIO This historic federal courthouse is the sec- employ 24 Police Officers, who are instru- ond oldest west of the Mississippi River and IN THE HOUSE OF REPRESENTATIVES mental to CMHA’s overall crime prevention serves as the cornerstone to my community’s Friday, July 27, 2001 efforts. public living room, Pioneer Courthouse We have heard that the House mark-up of The House in Committee of the Whole the FY 2002 Appropriations Bill would elimi- Square. Each year over 8 million people visit House on the State of the Union had under nate the PHDEP program, and increase the the Courthouse while participating in adjacent consideration the bill (H.R. 2620) making ap- Operating Fund by $114 million to $3.505 bil- public events, riding public transit which inter- propriations for the Departments of Vet- lion to help make up the difference. Given sects at Pioneer Square, or engaging in near- erans Affairs and Housing and Urban Devel- that public housing industry estimates indi- by public and commercial activities. The funds opment and for sundry independent agencies, cate that at least $3.5 billion is needed to

VerDate 112000 05:00 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A30JY8.022 pfrm01 PsN: E31PT1 July 31, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1479 fully fund the Operating Fund, especially and our 15,000 public housing residents. We 216–348–5911 if you have any questions or re- with increasing energy costs, this proposed truly appreciate your continuing efforts to quire additional information. budget still virtually eliminates $310 million preserve this important funding source, and Sincerely, of PHDEP funding available to housing au- I hope the information provided in this letter TERRI HAMILTON BROWN, thorities. answers any questions you or other members Executive Director. Thank you for understanding how the loss of PHDEP funds would severely affect CMHA of Congress have expressed. Please call me at

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HIGHLIGHTS Senate passed Legislative Branch Appropriations Act. The House passed H.R. 2647, Legislative Branch Appropriations for FY 2002. The House passed H.R. 2505, Human Cloning Prohibition Act of 2001. Senate the continuing economic crisis adversely affecting Chamber Action American agricultural producers, taking action on Routine Proceedings, pages S8403–S8497 the following amendments proposed thereto: Measures Introduced: Fourteen bills and five reso- Pages S8403–29, S8431–51 lutions were introduced, as follows: S. 1272–1285, S. Adopted: Res. 142–144, and S. Con. Res. 62–63. Allard Amendment No. 1188, to strike the limi- Page S8464–65 tation that permits interstate movement of live Measures Passed: birds, for the purpose of fighting, to States in which animal fighting is lawful. Pages S8433–34 Commending James W. Ziglar: Senate agreed to Rejected: S. Res. 144, commending James W. Ziglar for his Lugar Amendment No. 1190, in the nature of a service to the United States Senate. Page S8496 substitute. (By 52 yeas to 48 nays (Vote No. 261, Legislative Branch Appropriations: Senate passed Senate tabled the amendment.) Pages S8404–28 H.R. 2647, making appropriations for the Legisla- Withdrawn: tive Branch for the fiscal year ending September 30, Specter/Landrieu Amendment No. 1191, to reau- 2002, after striking all after the enacting clause and thorize the consent of Congress to the Northeast inserting in lieu thereof the text of S. 1172, Senate Interstate Dairy Compact and to grant the consent companion measure, as amended. Page S8496 of Congress to the Southern Dairy Compact, a Pa- Senate insisted on its amendment, requested a cific Northwest Dairy Compact, and an Inter- conference with the House thereon, and the Chair mountain Dairy Compact. Pages S8431–33, S8434–37 was authorized to appoint the following conferees on Pending: the part of the Senate: Senators Durbin, Johnson, Lugar Amendment No. 1212, in the nature of a Reed, Byrd, Bennett, Stevens, and Cochran. substitute. Pages S8447–51 Page S8496 Voinovich Amendment No. 1209, to protect the Subsequently, pursuant to the order of July 19, social security surpluses by preventing on-budget 2001, passage of S. 1172 be vitiated and the bill be deficits. Page S8451 returned to the Senate calendar. Page S8496 A unanimous-consent agreement was reached pro- Human Methods of Slaughter Act Enforcement: viding for further consideration of the bill at 10 Committee on Agriculture, Nutrition, and Forestry a.m., on Wednesday, August 1, 2001. Page S8497 was discharged from further consideration of S. Con. Department of Transportation Appropriations— Res. 45, expressing the sense of the Congress that Agreement: A unanimous-consent agreement was the Humane Methods of Slaughter Act of 1958 reached providing for further consideration of H.R. should be fully enforced so as to prevent needless 2299, making appropriations for the Department of suffering of animals, and the resolution was then Transportation and related agencies for the fiscal year agreed to. Pages S8496–97 ending September 30, 2002, at 11 a.m., on Wednes- Emergency Agriculture Assistance Act: Senate day, August 1, 2002, with a vote on the motion to continued consideration of S. 1246, to respond to close further debate on the bill. Pages S8451, S8496 D808

VerDate 11-MAY-2000 07:10 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JY1.REC pfrm01 PsN: D31JY1 July 31, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D809 Appointments: Thomas E. Moss, of Idaho, to be United States British-American Interparliamentary Group: Attorney for the District of Idaho for the term of The Chair, on behalf of the President pro tempore, four years. and upon the recommendation of the Republican William Walter Mercer, of Montana, to be United Leader, pursuant to 22 U.S.C. 2761, as amended, ap- States Attorney for the District of Montana for the pointed Senator Cochran as Vice Chairman of the term of four years. Senate Delegation to the British-American Inter- Michael G. Heavican, of Nebraska, to be United parliamentary Group during the 107th Congress. States Attorney for the District of Nebraska for a term of four years. Page S8496 Todd Peterson Graves, of Missouri, to be United NATO Parliamentary Assembly: The Chair, on States Attorney for the Western District of Missouri behalf of the Vice President, in accordance with 22 for the term of four years. U.S.C. 1928a–1928d, as amended, appointed Senator John L. Brownlee, of Virginia, to be United States Gordon Smith as Vice Chairman of the Senate Dele- Attorney for the Western District of Virginia for the gation to the NATO Parliamentary Assembly during term of four years. the 107th Congress. Page S8496 Paul K. Charlton, of Arizona, to be United States Messages From the President: Senate received the Attorney for the District of Arizona for the term of following messages from the President of the United four years. States: Fred L. Dailey, of Ohio, to be a Member of the Transmitting, pursuant to law, the Report on the Board of Directors of the Federal Agricultural Mort- National Emergency with Respect to Iraq; to the gage Corporation. Banking, Housing, and Urban Affairs. (PM–38) Grace Trujillo Daniel, of California, to be a Mem- Page S8461 ber of the Board of Directors of the Federal Agricul- Transmitting, pursuant to law, the report of the tural Mortgage Corporation. Continuation of Iraqi Emergency; to the Banking, John J. Danilovich, of California, to be Ambas- sador to the Republic of Costa Rica. Housing, and Urban Affairs. (PM–39) Page S8461 Gilbert G. Gallegos, of New Mexico, to be a Nominations Confirmed: Senate confirmed the fol- Commissioner of the United States Parole Commis- lowing nominations: sion. James W. Ziglar, of Mississippi, to be Commis- Kent R. Hill, of Massachusetts, to be an Assistant sioner of Immigration and Naturalization. Administrator of the United States Agency for Inter- Pages S8429–31, S8497 national Development. Nominations Received: Senate received the fol- Leslie Lenkowsky, of Indiana, to be Chief Execu- lowing nominations: tive Officer of the Corporation for National and John F. Turner, of Wyoming, to be Assistant Sec- Community Service. retary of State for Oceans and International Environ- Cranston J. Mitchell, of Missouri, to be a Com- mental and Scientific Affairs. missioner of the United States Parole Commission. Martin J. Silverstein, of Pennsylvania, to be Am- Mary E. Peters, of Arizona, to be Administrator of bassador to the Oriental Republic of Uruguay. the Federal Highway Administration. Marie F. Ragghianti, of Maryland, to be a Com- John N. Palmer, of Michigan, to be Ambassador missioner of the United States Parole Commission. to the Republic of Portugal. Edward F. Reilly, of Kansas, to be a Commis- Bonnie McElveen-Hunter, of North Carolina, to sioner of the United States Parole Commission. be Ambassador to the Republic of Finland. Marvin R. Sambur, of Indiana, to be an Assistant Brian E. Carlson, of Virginia, to be Ambassador Secretary of the Air Force. to the Republic of Latvia. 3 Army nominations in the rank of general. Mattie R. Sharpless, of North Carolina, to be Am- 2 Navy nominations in the rank of admiral. bassador to the Central African Republic. A routine list in the Marine Corps. Page S8497 R. Barrie Walkley, of California, to be Ambas- sador to the Republic of Guinea. Executive Communications: Pages S8462–63 John W. Suthers, of Colorado, to be United States Petitions and Memorials: Pages S8463–64 Attorney for the District of Colorado for the term of Messages From the House: Pages S8461–62 four years. Measures Referred: Page S8462 Anna Mills S. Wagoner, of North Carolina, to be United States Attorney for the Middle District of Measures Placed on Calendar: Page S8462 North Carolina for the term of four years. Statements on Introduced Bills: Pages S8466–82

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Additional Cosponsors: Pages S8465–66 Army for Installations and Housing; Maj. Gen. Rob- Amendments Submitted: Pages S8486–95 ert L. Van Antwerp, USA, Assistant Chief of Staff for Installation Management; Brig. Gen. Michael J. Additional Statements: Pages S8459–61 Squier, ANG, Deputy Director, Army National Authority for Committees: Pages S8495–96 Guard; and Maj. Gen. Paul C. Bergson, USAR, Privilege of the Floor: Page S8496 Military Deputy (Reserve Components), Deputy Under Secretary of the Army for International Af- Record Votes: One record vote was taken today. fairs, United States Army Reserve. (Total—261) Page S8428 NOMINATIONS Adjournment: Senate met at 9:30 a.m., and adjourned at 7:28 p.m., until 10 a.m., on Wednesday, Committee on Armed Services: Committee concluded August 1, 2001. (For Senate’s program, see the re- hearings on the nominations of John P. Stenbit, of marks of the Acting Majority Leader in today’s Virginia, to be Assistant Secretary for Command, Record on pages S8451 and S8497.) Control, Communication and Intelligence, and Ron- ald M. Sega, of Colorado, to be Director of Defense Research and Engineering, both of the Department Committee Meetings of Defense, Michael L. Dominguez, of Virginia, to be Assistant Secretary for Manpower and Reserve Af- (Committees not listed did not meet) fairs, and Nelson F. Gibbs, of California, to be As- FEDERAL FARM BILL sistant Secretary for Installations and Environment, both of the Department of the Air Force, Michael COMMITTEE ON AGRICULTURE, NUTRITION, AND Parker, of Mississippi, to be Assistant Secretary for FORESTRY: Committee held hearings on the con- Civil Works, and Mario P. Fiori, of Georgia, to be servation provisions of the proposed Federal farm Assistant Secretary for Installations and Environ- bill, focusing on conservation programs to assist ment, both of the Department of the Army, and H. landowners and operators to manage and protect T. Johnson, of Virginia, to be Assistant Secretary of their land and water resources, receiving testimony the Navy for Installations and Environment, after the from Lee Klein, Battle Creek, Nebraska, on behalf of nominees testified and answered questions in their the National Corn Growers Association and the own behalf. Mr. Sega was introduced by Senator Al- American Soybean Association; George Dunklin, Jr., lard, Mr. Parker was introduced by Senators Lott and DeWitt, Arkansas, on behalf of the U.S. Rice Pro- Cochran, Mr. Fiori was introduced by Senators ducers’ Group; Gary Mast, Millersburg, Ohio, on be- Cleland and Thurmond, and Mr. Johnson was intro- half of the National Association of Conservation Dis- duced by Senators Warner and Thurmond. tricts; Dave Serfling, Preston, Minnesota, on behalf of the Land Stewardship Project; and Mark Shaffer, AUTHORIZATION—NAVY SHIPBUILDING Defenders of Wildlife, Washington, D.C. PROGRAMS Hearings recessed subject to call. Committee on Armed Services: Subcommittee on APPROPRIATIONS—MILITARY SeaPower concluded hearings on proposed legislation CONSTRUCTION authorizing funds for fiscal year 2002 for the De- partment of Defense and the Future Years Defense Committee on Appropriations: Subcommittee on Mili- Program, focusing on Navy shipbuilding programs, tary Construction concluded hearings on proposed after receiving testimony from John J. Young, Jr., budget estimates for fiscal year 2002 for military Assistant Secretary of the Navy for Research, Devel- construction programs, after receiving testimony in opment, and Acquisition; and Adm. William J. behalf of funds for their respective activities from Fallon, USN, Vice Chief of Naval Operations. Dov S. Zakheim, Under Secretary of Defense (Comp- troller); Raymond F. DuBois, Deputy Under Sec- SPECTRUM MANAGEMENT retary of Defense for Installations and Environment; Committee on Commerce, Science, and Transportation: Sub- John Molino, Deputy Assistant Secretary of Defense committee on Communications concluded hearings for Military Community and Family Policy; Patricia to examine the issues of spectrum management and Sanders, Deputy Director for Test, Simulation, and 3rd generation wireless service, focusing on tools to Evaluation, Ballistic Missile Defense Organization; ensure the availability of spectrum for the rapid de- Lt. Gen. William Tangney, USA, Deputy Com- ployment of new advanced technologies such as the mander in Chief, Special Operations Command; Maj. development of Third Generation wireless, and the Gen. Leonard M. Randolph, Jr., USAF, Deputy Ex- promotion of spectrum efficiency in order that this ecutive Director, TRICARE Management Activity; scarce resource is put to its most valuable use, after Paul Johnson, Deputy Assistant Secretary of the receiving testimony from William T. Hatch, Acting

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Assistant Secretary of Commerce for Communica- and Human Services, after the nominees testified and tions and Information; Julius P. Knapp, Deputy answered questions in their own behalf. Mr. Hunts- Chief, Office of Engineering and Technology, Federal man and Ms. Rehnquist were introduced by Senator Communications Commission; Linton Wells II, Act- Hatch. ing Assistant Secretary of Defense for Command, Control, Communications and Intelligence; Dennis NOMINATIONS F. Strigl, Verizon Wireless, Bedminster, New Jersey; Committee on Foreign Relations: Committee concluded Carroll D. McHenry, Nucentrix Broadband Net- works, Inc., Carrollton, Texas; Mark C. Kelley, Leap hearings on the nominations of Vincent Martin Bat- Wireless International, Inc., San Diego, California; tle, of the District of Columbia, to be Ambassador Thomas E. Wheeler, Cellular Telecommunications to the Republic of Lebanon, Edward William and Internet Association, Washington, D.C.; and Gnehm, Jr., of Georgia, to be Ambassador to the Martin Cooper, ArrayComm, Inc., San Jose, Cali- Hashemite Kingdom of Jordan, Edmund James fornia. Hull, of Virginia, to be Ambassador to the Republic of Yemen, Richard Henry Jones, of Nebraska, to be NATIONAL PARKS Ambassador to the State of Kuwait, Theodore H. Committee on Energy and Natural Resources: Sub- Kattouf, of Maryland, to be Ambassador to the Syr- committee on National Parks concluded hearings on ian Arab Republic, Maureen Quinn, of New Jersey, S. 689, to convey certain Federal properties on Gov- to be Ambassador to the State of Qatar, R. Nicholas ernors Island, New York, S. 1175, to modify the Burns, of Massachusetts, to be United States Perma- boundary of Vicksburg National Military Park to in- nent Representative on the Council of the North At- clude the property known as Pemberton’s Head- lantic Treaty Organization, with the rank and status quarters, S. 1227, to authorize the Secretary of the of Ambassador, Daniel R. Coats, of Indiana, to be Interior to conduct a study of the suitability and fea- Ambassador to the Federal Republic of Germany, sibility of establishing the Niagara River National Craig Roberts Stapleton, of Connecticut, to be Am- Heritage Area in the State of New York, and H.R. bassador to the Czech Republic, Johnny Young, of 601, to ensure the continued access of hunters to Maryland, to be Ambassador to the Republic of Slo- those Federal lands included within the boundaries venia, Richard J. Egan, of Massachusetts, to be Am- of the Craters of the Moon National Monument in bassador to Ireland, Nancy Goodman Brinker, of the State of Idaho pursuant to Presidential Proclama- Florida, to be Ambassador to the Republic of Hun- tion 7373 of November 9, 2000, and to continue gary, Robert Geers Loftis, of Colorado, to be Ambas- the applicability of the Taylor Grazing Act to the sador to the Kingdom of Lesotho, Joseph Gerard disposition of grazing fees arising from the use of Sullivan, of Virginia, to be Ambassador to the Re- such lands, after receiving testimony from Senator public of Zimbabwe, Christopher William Dell, of Clinton and former Senator Moynihan; Representa- New Jersey, to be Ambassador to the Republic of tives LaFalce and Simpson; Denis P. Galvin, Deputy Angola, Carole Brookins, of Indiana, to be United Director, National Park Service, Department of the States Executive Director of the International Bank Interior; F. Joseph Moravec, Commissioner, Public for Reconstruction and Development, Ross J. Buildings Service, General Services Administration; Connelly, of Maine, to be Executive Vice President Bernadette Castro, New York State Office of Parks, of the Overseas Private Investment Corporation, Recreation and Historic Preservation, and H. Claude Shostal, Regional Plan Association, both of New Jeanne L. Phillips, of Texas, to be Representative of York; John C. Drake, City of Niagara Falls, Niagara the United States of America to the Organization for Falls, New York; and Jane Thompson, Thompson Economic Cooperation and Development, Randal Design Group, Boston, Massachusetts. Quarles, of Utah, to be United States Executive Di- rector of the International Monetary Fund, and Pat- NOMINATIONS rick M. Cronin, of the District of Columbia, to be Committee on Finance: Committee concluded hearings Assistant Administrator for Policy and Program Co- on the nominations of Robert C. Bonner, to be ordination, United States Agency for International Commissioner of Customs, and Rosario Marin, to be Development, after the nominees testified and an- Treasurer of the United States, both of California, swered questions in their own behalf. Mr. Gnehm both of the Department of the Treasury, Jon M. was introduced by Senators Hollings and Enzi, Mr. Huntsman, Jr., of Utah, to be a Deputy United Burns was introduced by Senators Sarbanes and Ken- States Trade Representative, with the rank of Am- nedy, former Senator Coats was introduced by Sen- bassador, and Alex Azar II, of Maryland, to be Gen- ator Lugar, Mr. Egan was introduced by Senators eral Counsel, and Janet Rehnquist, of Virginia, to be Kennedy and Kerry, and Ms. Brinker and Ms. Phil- Inspector General, both of the Department of Health lips were introduced by Senator Hutchison.

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NOMINATION and David Pinter, both of Louisa, Virginia; and Committee on Governmental Affairs: Committee con- George Biekkola, L’Anse, Michigan. cluded hearings on the nomination of Daniel R. INDIAN HEALTH CARE Levinson, of Maryland, to be Inspector General, Gen- eral Services Administration, after the nominee testi- Committee on Indian Affairs: Committee concluded fied and answered questions in his own behalf. hearings on proposed legislation to revise and extend programs of the Indian Health Care Improvement ASBESTOS CONTAMINATION AND SAFETY Act, focusing on the challenges confronting the In- Committee on Health, Education, Labor, and Pensions: dian Health Service, tribally-administered health care Committee concluded hearings to examine workplace programs, and urban Indian health care programs safety and asbestos contamination, focusing on the with regard to recruiting and retaining health care combined authority and efforts of the Occupational professionals, after receiving testimony from William Safety and Health Administration, Mine Safety and C. Vanderwagen, Acting Chief Medical Officer, In- Health Administration, and the Environmental Pro- dian Health Service, Department of Health and tection Agency to prescribe and enforce regulations Human Services; Barry T. Hill, Director, Natural to prevent health risks to workers form exposure to Resources and Environment, General Accounting Of- airborne asbestos, after receiving testimony from Sen- fice; Michael E. Bird, American Public Health Asso- ator Baucus; Representative Rehberg; David D. ciation, Albuquerque, New Mexico, on behalf of the Lauriski, Assistant Secretary for Mine Safety and Friends of Indian Health; Robert Hall, National Health, and R. Davis Layne, Acting Assistant Sec- Council of Urban Indian Health, Washington, D.C.; retary for Occupational Safety and Health, both of Anthony Hunter, American Indian Community the Department of Labor; Kathleen M. Rest, Acting House, Inc., New York, New York; Carole Meyers, Director, National Institute for Occupational Safety Missoula Indian Center, Missoula, Montana; Martin and Health, Centers for Disease Control and Preven- Waukazoo, Urban Indian Health Board, Inc., San tion, Department of Health and Human Services; Francisco, California, on behalf of the Native Amer- Michael Shapiro, Acting Assistant Administrator, ican Health Centers; and Kay Culbertson, Denver Office of Solid Waste and Emergency Response, En- Indian Health and Family Services, Denver, Colo- vironmental Protection Agency; Richard Lemen, rado. Emory University Rollins School of Public Health, Atlanta, Georgia, former Assistant Surgeon General NOMINATIONS of the United States; John Addison, John Addison Committee on the Judiciary: Committee concluded Consultancy, Edinburgh, Scotland; Michael R. hearings on the nomination of Robert S. Mueller III, Harbut, Wayne State University School of Medicine, of California, to be Director of the Federal Bureau Detroit, Michigan, on behalf of the Center for Occu- of Investigation, Department of Justice, after the pational and Environmental Medicine; Alan nominee, who was introduced by Senators Boxer and Whitehouse, Klock and Whitehouse, Spokane, Feinstein, testified and answered questions in his Washington; Ned Gumble, Virginia Vermiculite, own behalf. h House of Representatives and commercial application of energy technology Chamber Action programs, projects, and activities of the Department Bills Introduced: 15 public bills, H.R. 2678–2692; of Energy and of the Office of Air and Radiation of and 3 resolutions, H. Con. Res. 204, 206–207, were the Environmental Protection Agency, amended (H. introduced. Pages H4948–49 Rept. 107–177); Reports Filed: Reports were filed as follows: H. Res. 216, providing for consideration of H.R. H.R. 2603, to implement the agreement estab- 4, to enhance energy conservation, research and de- lishing a United States-Jordan free trade area, velopment and to provide for security and diversity amended (H. Rept. 107–176, Pt. 1); in the energy supply for the American people (H. H.R. 2460, to authorize appropriations for envi- Rept. 107–178); and ronmental research and development, scientific and energy research, development, and demonstration,

VerDate 11-MAY-2000 07:10 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JY1.REC pfrm01 PsN: D31JY1 July 31, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D813 H. Res. 217, providing for consideration of mo- a 6-month report on the national emergency with re- tions to suspend the rules (H. Rept. 107–179). spect to Iraq that was declared in Executive Order Pages H4947–48 12722 of August 2, 1990—referred to the Com- Guest Chaplain: The prayer was offered by the mittee on International Relations and ordered print- guest Chaplain, Rev. Monsignor John Brenkle, St. ed (H. Doc. 107–110); and Page H4896 Helena Catholic Church of St. Helena, California. Continuance of the National Emergency re Iraq: Page H4869 Read a message from the President wherein he stated Journal: Agreed to the Speaker’s approval of the that the Iraqi emergency is to continue in effect be- Journal of July 31 by recorded vote of 359 ayes to yond August 2, 2001—referred to the Committee on 44 noes with 1 voting ‘‘present,’’ Roll No. 299. International Relations and ordered printed (H. Doc. Pages H4869, H4895–96 107–111). Page H4896 Recess: The House recessed at 9:40 a.m. and recon- Human Cloning Prohibition Act of 2001: The vened at 10 a.m. Page H4869 House passed H.R. 2505, to amend title 18, United Suspensions: The House agreed to suspend the rules States Code, to prohibit human cloning by a re- and pass the following measures: corded vote of 265 ayes to 162 noes, Roll No. 304. United States-Jordan Free Trade Area: H.R. Pages H4916–45 2603, amended, to implement the agreement estab- Rejected the Lofgren motion that sought to re- lishing a United States-Jordan free trade area; commit the bill to the Committee on the Judiciary Pages H4871–81 with instructions to report it back to the House forthwith with an amendment that allows the use of Veterans Benefits Act of 2001: H.R. 2540, human somatic cell nuclear transfer for the develop- amended, to amend title 38, United States Code, to ment or application of treatments for various diseases make various improvements to veterans benefits pro- including Parkinson’s disease, Alzheimer’s diseases, grams under laws administered by the Secretary of diabetes and cancer by a recorded vote of 175 ayes Veterans Affairs (agreed to by a yea-and-nay vote of 422 yeas with none voting ‘‘nay,’’ Roll No. 301); to 251 noes, Roll No. 303. Pages H4943–45 Pursuant to the rule, agreed to the Committee on and Pages H4896–H4906, H4916 the Judiciary amendments now printed in the bill Railroad Retirement and Survivors’ Improve- (H. Rept. 107–170). ment Act of 2001: H.R. 1140, amended, to mod- Agreed to the Scott amendment No. 1 printed in ernize the financing of the railroad retirement system H. Rept. 107–172 that directs the General Account- and to provide enhanced benefits to employees and ing office to conduct a study to access the need or beneficiaries (agreed to by a yea-and-nay vote of 304 amendments to the prohibition on human cloning yeas to 33 nays, Roll No. 305). (See next issue.) within 4 years after the date of enactment. The Legislative Branch Appropriations for FY 2002: study shall include a discussion of new developments The House passed H.R. 2647, making appropria- in medical technology concerning human cloning tions for the Legislative Branch for the fiscal year and somatic cell nuclear transfer. Pages H4930–31 ending September 30, 2002 by a yea-and-nay vote of Rejected the Greenwood amendment in the nature 380 yeas to 38 nays, Roll No. 298. Pages H4882–95 of a substitute No. 2 printed in H. Rept. 107–172 Agreed To: that sought to ban the use of human somatic cell Rothman amendment No. 1 printed in H. Rept. nuclear transfer technology to initiate a pregnancy 107–171 that makes available $75,000 for the in- but allows the use of somatic cell nuclear transfer stallation of compact fluorescent light bulbs in table, technology to clone molecules, DNA, cells, or tis- floor, and desk lamps; and Pages H4893–94 sues, requires each individual who intends to per- Traficant amendment No. 2 printed in H. Rept. form human somatic cell nuclear transfer technology 107–171 that prohibits funding to persons or enti- to register with the Secretary of Health and Human ties convicted of violating the Buy American Act. Services, and preempts state law that establishes dif- Page H4894 House agreed to H. Res. 213, the rule that pro- ferent prohibitions, requirements, or authorizations vided for consideration of the bill by voice vote. regarding human somatic cell nuclear transfer technology by a yea-and-nay vote of 178 yeas to 249 Pages H4881–82 nays, Roll No. 302. Pages H4931–43 Presidential Messages: Read the following mes- H. Res. 214, the rule that provided for consider- sages from the President: ation of the bill was agreed to by a yea-and-nay vote Six Month Periodic Report on the National of 239 yeas to 188 nays, Roll No. 300. Emergency re Iraq: Message wherein he transmitted Pages H4906–16

VerDate 11-MAY-2000 07:10 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JY1.REC pfrm01 PsN: D31JY1 D814 CONGRESSIONAL RECORD — DAILY DIGEST July 31, 2001 Bankruptcy Abuse Prevention and Consumer NATIONAL DEFENSE AUTHORIZATION Protection Act of 2001: The House disagreed with ACT the Senate amendment to H.R. 333, to amend title Committee on Armed Services: Subcommittee on Mili- 11, United States Code, and agreed to a conference. tary Procurement approved for full Committee ac- (See next issue.) tion, as amended, H.R. 2586, National Defense Au- Appointed as conferees from the Committee of the thorization Act for Fiscal Year 2002. Judiciary, for consideration of the House bill and the Senate amendment, and modifications committed to NATIONAL DEFENSE AUTHORIZATION conference: Chairman Sensenbrenner and Representa- ACT tives Hyde, Gekas, Smith of Texas, Chabot, Barr of Committee on Armed Services: Subcommittee on Mili- Georgia, Conyers, Boucher, Nadler, and Watt of tary Research and Development approved for full North Carolina. From the Committee on Financial Committee action H.R. 2586, National Defense Au- Services, for consideration of sections 901–906, thorization Act for Fiscal Year 2002. 907A–909, 911, and 1301–1309 of the House bill, and sections 901–906, 907A–909, 911, 913–4, and EARLY CHILDHOOD EDUCATION Title XIII of the Senate amendment and modifica- Committee on Education and the Workforce: Sub- tions committed to conference: Chairman Oxley and committee on Education Reform held a hearing on Representatives Bachus and LaFalce. From the Com- the Dawn of Learning: What’s Working in Early mittee on Energy and Commerce, for consideration Childhood Education. Testimony was heard from of Title XIV of the Senate amendment, and modi- Eugene W. Hickok, Under Secretary, Department of fications committed to conference: Chairman Tauzin Education; and Wade F. Horn, Assistant Secretary, and Representatives Barton of Texas and Dingell. Children and Families, Department of Health and From the Committee on Education and the Work- Human Services; and public witnesses. force, for consideration of section 1403 of the Senate amendment and modifications committed to con- REWARDING PERFORMANCE IN ference: Chairman Boehner, Castle, and Kildee. COMPENSATION ACT (See next issue.) Committee on Education and the Workforce: Sub- Agreed to the Baldwin motion to instruct con- committee on Workforce Protections held a hearing ferees on the disagreeing votes of the two Houses on on H.R. 1602, Rewarding Performance in Com- the Senate amendment to the House bill to agree to pensation Act. Testimony was heard from public title X (relating to protection of family farmers and witnesses. family fishermen) of the Senate amendment. CURRENT ISSUES BEFORE—FINANCIAL (See next issue.) ACCOUNTING STANDARDS BOARD Recess: The House recessed at 11:36 p.m. and re- Committee on Energy and Commerce: Subcommittee on convened at 1:22 a.m. on Wednesday, August 1. Commerce, Trade and Consumer Protection held a (See next issue.) hearing on Current Issues Before the Financial Ac- Amendments: Amendments ordered printed pursu- counting Standards Board. Testimony was heard ant to the rule appear on page H4950. from public witnesses. Quorum Calls—Votes: Five yea-and-nay votes and ANALYZING THE ANALYSTS three recorded votes developed during the pro- Committee on Financial Services: Subcommittee on Cap- ceedings of the House today and appear on pages ital Markets, Insurance and Government Sponsored H4894–95, H4895–96, H4915–16, H4916, Enterprises held a hearing on Analyzing the Analysts H4942–43, H4944–45, H4945, (continued next II: Additional Perspectives. Testimony was heard issue). There were no quorum calls. from Laura Unger, Acting Chairman, SEC; and pub- Adjournment: The House met at 9 a.m. and ad- lic witnesses. journed at 1:23 a.m. on Wednesday, August 1. AIR TRAVEL—CUSTOMER PROBLEMS AND Committee Meetings SOLUTIONS Committee on Government Reform: Subcommittee on NATIONAL DEFENSE AUTHORIZATION Energy Policy, Natural Resources and Regulatory ACT Affairs held a hearing on Air Travel-Customer Prob- Committee on Armed Services: Subcommittee on Mili- lems and Solutions. Testimony was heard from the tary Personnel approved for full Committee action following officials of the Department of Transpor- H.R. 2586, National Defense Authorization Act for tation: Donna McLean, Assistant Secretary, Office of Fiscal Year 2002. Budget and Programs and Chief Financial Officer;

VerDate 11-MAY-2000 07:10 Aug 01, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JY1.REC pfrm01 PsN: D31JY1 July 31, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D815 and Jane F. Garvey, Administrator, FAA; and public Monument Fairness Act of 2001; and H.R. 2385, witnesses. amended, Virgin River Dinosaur Footprint Preserve PUBLIC SERVICE FOR THE 21ST CENTURY Act. Committee on Government Reform: Subcommittee on SECURING AMERICA’S FUTURE ENERGY Technology and Procurement Policy held a hearing (SAFE) ACT on ‘‘Public Service for the 21st Century: Innovative Committee on Rules: Granted, by a vote of 9 to 1, a Solutions to the Federal Government’s Technology structured rule on H.R. 4, Securing America’s Fu- Workforce Crisis.’’ Testimony was heard from David ture Energy Act of 2001, providing ninety minutes Walker, Comptroller General, GAO; Kay Coles of general debate with 30 minutes equally divided James, Director, OPM; Stephen Perry, Adminis- and controlled by the chairman and ranking minor- trator, GSA; and public witnesses. ity member of the Committee on Energy and Com- merce and 20 minutes equally divided and con- U.N. WORLD CONFERENCE AGAINST trolled by the chairmen and ranking minority mem- RACISM bers of each of the following Committees: Science, Committee on International Relations: Subcommittee on Ways and Means, and Resources. The rule waives all International Operations and Human Rights held a points of order against consideration of the bill. The hearing on A Discussion on the U.N. World Con- rule provides that the amendment printed in part A ference Against Racism. Testimony was heard from of the Rules Committee report accompanying the following officials of the Department of State: Wil- rule shall be considered as adopted. The rule makes liam B. Wood, Principal Deputy Assistant Secretary, in order only those amendments printed in part B Bureau of International Organization Affairs; and of the Rules Committee report accompanying the Steven Wagenseil, Director, Office of Multilateral resolution. The rule provides that the amendments Affairs, Bureau of Democracy, Human Rights, and made in order may be offered only in the order Labor; and public witnesses. printed in the report, may be offered only by a Member designated in the report, shall be considered MISCELLANEOUS MEASURES as read, shall be debatable for the time specified in Committee on the Judiciary: Subcommittee on Crime the report equally divided and controlled by the pro- held a hearing on H.R. 2146, Two Strikes and ponent and an opponent, shall not be subject to You’re Out Child Protection Act. Testimony was amendment, and shall not be subject to a demand heard from Robert Fusfeld, Probation and Parole for division of the question in the House or in the Agent, Sexual Offender Intensive Supervision Team, Committee of the Whole. The rule waives all points Department of Corrections, State of Wisconsin; and of order against the amendments printed in the republic witnesses. port. The rule provides one motion to recommit OVERSIGHT—NATIONAL FIRE PLAN with or without instructions. Finally, the rule pro- IMPLEMENTATION vides authorization for a motion in the House to go to conference with the Senate on the bill H.R. 4. Committee on Resources: Subcommittee on Forests and Testimony was heard from Chairmen Tauzin, Forest Health held an oversight hearing on the Im- Boehlert, Thomas and Hansen and Representatives plementation of the National Fire Plan. Testimony Wilson, Bono, Terry, Rohrabacher, Johnson of Con- was heard from the following officials of the Forest necticut, English, Horn, Bachus, Thune, Capito, Service, USDA: Dale Bosworth, Chief; Robert Lewis, Kelly, Petri, Gutknecht, Dingell, Markey, Eshoo, Jr., Deputy Chief, Research and Development, and Boucher, Green of Texas, Strickland, Harman, Wool- Kevin Ryan, Rocky Mountain Research Station; Tim sey, Jackson-Lee, Etheridge, Larson of Connecticut, Hartzell, Director, Office of Wildland Fire Coordina- McDermott, Rahall, Smith of Washington, Kind, tion, Department of the Interior; Barry T. Hill, As- Inslee, Udall of Colorado, Filner, Berkley, Sanders, sociate Director, Energy, Resources and Science Maloney of New York, Carson of Indiana, Sherman, Issues, GAO; and a public witness. Kaptur, Stenholm, Boswell and Napolitano. MISCELLANEOUS MEASURES CONSIDERATION OF MOTIONS TO Committee on Resources: Subcommittee on National SUSPEND THE RULES Parks, Recreation and Public Lands approved for full Committee on Rules: Granted, by voice vote, a resolu- Committee action the following bills: H.R. 1456, tion providing that it will be in order at any time Booker T. Washington National Monument Bound- on the legislative day of Wednesday, September 5, ary Adjustment Act of 2001; H.R. 1814, 2001, for the Speaker to entertain motions that the Metacomet-Monadnock-Sunapee-Mattabesett Trail House suspend the rules. The resolution provides Study Act of 2001; H.R. 2114, amended, National that the Speaker or his designee shall consult with

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Fen- resolution. nel, of Virginia, to be Assistant Secretary of Housing and Urban Development for Congressional and Intergovern- INNOVATION IN INFORMATION mental Relations; and the nomination of Michael Minoru TECHNOLOGY Fawn Liu, of Illinois, to be Assistant Secretary of Housing Committee on Science: Subcommittee on Research held and Urban Development for Public and Indian Housing a hearing on Innovation in Information Technology: and the nomination of Henrietta Holsman Fore, of Ne- Beyond Faster Computers and Higher Bandwidth. vada, to be Director of the Mint, Department of the Testimony was heard from public witnesses. Treasury, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: to OVERSIGHT—RED LIGHT CAMERAS hold hearings to examine the status of current U.S trade Committee on Transportation and Infrastructure: Sub- agreements, focusing on the proposed benefits and the committee on Highways and Transit held an over- practical realities, 9:30 a.m., SR–253. sight hearing on Red Light Cameras. Testimony was Full Committee, to hold hearings on the nomination of John Arthur Hammerschmidt, of Arkansas, to be a heard from Representative Barr of Georgia; and pub- Member of the National Transportation Safety Board; the lic witnesses. nomination of Jeffrey William Runge, of North Carolina, SOCIAL SECURITY AND PENSION REFORM to be Administrator of the National Highway Traffic Committee on Ways and Means: Subcommittee on So- Safety Administration, Department of Transportation; and the nomination of Nancy Victory, to be Assistant Sec- cial Security held a hearing on Social Security and retary for Communications and Information, and the Pension Reform: Lessons from Other Countries. Tes- nomination of Otto Wolff, to be an Assistant Secretary timony was heard from public witnesses. and Chief Financial Officer, both of Virginia, both of the BRIEFING—FISCAL YEAR 2002 BUDGET Department of Commerce, 2:30 p.m., SR–253. REVIEW Committee on Energy and Natural Resources: business meeting to consider energy policy legislation and other Permanent Select Committee on Intelligence: Met in execu- pending calendar business, 9:30 a.m., SD–366. tive session to receive a briefing on Fiscal Year 2002 Committee on Environment and Public Works: business Budget Overview. The Committee was briefed by meeting to consider the nomination of David A. Samp- departmental witnesses. son, of Texas, to be Assistant Secretary of Commerce for f Economic Development; and the nomination of George Tracy Mehan III, of Michigan, the nomination of Judith COMMITTEE MEETINGS FOR WEDNESDAY, Elizabeth Ayres, of California, the nomination of Robert AUGUST 1, 2001 E. Fabricant, of New Jersey, the nomination of Jeffrey R. (Committee meetings are open unless otherwise indicated) Holmstead, of Colorado, and the nomination of Donald R. Schregardus, of Ohio, each to be an Assistant Admin- Senate istrator of the Environmental Protection Agency; and S. Committee on Agriculture, Nutrition, and Forestry: Sub- 584, to designate the United States courthouse located at committee on Production and Price Competitiveness, to 40 Centre Street in New York, New York, as the hold hearings to examine the status of export market ‘‘Thurgood Marshall States Courthouse’’, Time to be an- shares, 9 a.m., SR–328A. nounced, Room to be announced. Committee on Appropriations: Subcommittee on Labor, Full Committee, to hold hearings to examine the im- Health and Human Services, and Education, to hold hear- pact of air emissions from the transportation sector on ings to examine stem cell ethical issues and intellectual public health and the environment, 9 a.m., SD–406. property rights, 9:30 a.m., SD–192. Committee on Finance: to hold hearings to examine a bal- Subcommittee on Military Construction, to hold hear- ance between cybershopping and sales tax, 10 a.m., ings on proposed budget estimates for the fiscal year SD–215. 2002 for Navy construction and Air Force construction, Committee on Foreign Relations: business meeting to con- 2:30 p.m., SD–138. sider S. 367, to prohibit the application of certain restric- Committee on Armed Services: to hold hearings on the tive eligibility requirements to foreign nongovernmental nomination of Gen. John P. Jumper, USAF, for reorganizations with respect to the provision of assistance appointment to the grade of general and to be Chief of under part I of the Foreign Assistance Act of 1961; S. Staff, United States Air Force, 9:30 a.m., SD–106. Res. 126, expressing the sense of the Senate regarding ob- Committee on Banking, Housing, and Urban Affairs: busi- servance of the Olympic Truce; S. Con. Res. 58, express- ness meeting to mark up S. 1254, to reauthorize the ing support for the tenth annual meeting of the Asia Pa- Multifamily Assisted Housing Reform and Affordability cific Parliamentary Forum; proposed legislation author- Act of 1997; the nomination of Linda Mysliwy Conlin, izing funds for fiscal years 2002 and 2003 for the Depart- of New Jersey, to be Assistant Secretary of Commerce for ment of State and the U.S. international broadcasting ac- Trade Development; the nomination of Michael J. Garcia, tivities, proposed legislation congratulating Ukraine on

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the 10th anniversary of the restoration of its independ- Enterprise risk-based capital rule for Fannie Mae and ence and supporting its full integration into the Euro-At- Freddie Mac, 2 p.m., 2128 Rayburn. lantic community of democracies, and pending nomina- Subcommittee on Financial Institutions and Consumer tions, 10:30 a.m., SD–419. Credit, to consider H.R. 1701, Consumer Rental Pur- Committee on Health, Education, Labor, and Pensions: busi- chase Agreement Act, 10 a.m., 2128 Rayburn. ness meeting to consider proposed legislation entitled The Subcommittee on Oversight and Investigations, hearing Stroke Treatment and Ongoing Prevention (STOP entitled ‘‘Over-regulation of Automobile Insurance: A STROKE) Act of 2001; the proposed Community Access Lack of Consumer Choice,’’ 2 p.m., 2220 Rayburn. to Emergency Defibrillation (Community AED) Act of Committee on Government Reform, Subcommittee on 2001; the proposed Health Care Safety Net Amendments Criminal Justice, Drug Policy and Human Resources, of 2001; S. 543, to provide for equal coverage of mental oversight hearing on the ‘‘National Youth Anti-Drug health benefits with respect to health insurance coverage Media Campaign: How to Ensure the Program Operates unless comparable limitations are imposed on medical and Efficiently and Effectively?’’ 2 p.m., 2154 Rayburn. surgical benefits; and S. 838, to amend the Federal Food, Committee on International Relations, to mark up the fol- Drug, and Cosmetic Act to improve the safety and effi- lowing measures: H.R. 2581, Export Administration Act cacy of pharmaceuticals for children, 10 a.m., SD–430. of 2001; H.R. 2368, Vietnam Human Rights Act; H.R. Select Committee on Intelligence: to hold closed hearings on 2541, to enhance the authorities of special agents and intelligence matters, 2:30 p.m., SH–219. provide limited authorities to uniformed officers respon- Committee on the Judiciary: Subcommittee on Constitu- sible for the protection of domestic Department of State tion, Federalism, and Property Rights, to hold hearings occupied facilities; H.R. 2272, Coral Reef and Coastal on S. 989, to prohibit racial profiling, 10 a.m., SD–226. Marine Conservation Act of 2001; H. Res. 181, congratu- Subcommittee on Antitrust, Business Rights, and lating President-elect Alejandro Toledo on his election to Competition, to hold hearings on S. 1233, to provide the Presidency of Peru, congratulating the people of Peru penalties for certain unauthorized writing with respect to for the return of democracy to Peru, and expressing sym- consumer products, 2 p.m., SD–226. pathy for the victims of the devastating earthquake that Committee on Small Business and Entrepreneurship: to hold struck Peru on June 23, 2001; H. Con. Res. 188, ex- hearings to examine the business of environmental tech- pressing the sense of Congress that the Government of nology, 9 a.m., SR–428A. the People’s Republic of China should cease its persecution of Falun Gong practitioners; and H. Con. Res. 89, House mourning the death of Ron Sander at the hands of terrorist kidnappers in Ecuador and welcoming the release Committee on Armed Services, to mark up H.R. 2586, Na- from captivity of Arnie Alford, Steve Derry, Jason Weber, tional Defense Authorization Act for Fiscal Year 2002, 10 and David Bradley, and supporting efforts by the United a.m., 2118 Rayburn. States to combat such terrorism, 10:15 a.m., 2172 Ray- Committee on the Budget, hearing on Making Ends Meet: burn. Challenges Facing Working Families in America, 10 Committee on Small Business, to mark up the following: a.m., 210 Cannon. H.R. 203, National Small Business Regulatory Assistance Committee on Education and the Workforce, to mark up the Act; H.R. 2538, Native American Small Business Devel- following bills: H.R. 1992, Internet Equity and Edu- opment Act; the Vocational and Technical Entrepreneur- cation Act of 2001; H.R. 2070, Sales Incentive Com- ship Development Program Act of 2001; and the Small pensation Act; and H.R. 1900, Juvenile Crime Control Business Technology Transfer (STTR) Program Reauthor- and Delinquency Prevention Act of 2001, 10:30 a.m., ization Act of 2001, 10 a.m., 2360 Rayburn. 2175 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Energy and Commerce, Subcommittee on En- committee on Aviation, hearing on H.R. 2107, End vironment and Hazardous Materials, hearing entitled Gridlock at Our Nation’s Critical Airports Act of 2001, ‘‘Perspectives on Interstate and International Shipments of 1:30 p.m., 2167 Rayburn. Municipal Solid Waste,’’ focusing on the following bills: Subcommittee on Economic Development, Public H.R. 1213, Solid Waste Interstate Transportation Act of Buildings and Emergency Management, hearing on H.R. 2001; H.R. 667, Solid Waste Compact Act; and H.R. 2407, Federal Photovoltaic Utilization Act, 10 a.m., 1927, Solid Waste International Transportation Act of 2253 Rayburn. 2001, 10 a.m., 2123 Rayburn. Subcommittee on Health, hearing on Authorizing Safe- Joint Meetings ty Net Public Health Programs, 10 a.m., 2322 Rayburn. Conference: meeting of conferees on H.R. 1, to close the Committee on Financial Services, Subcommittee on Capital achievement gap with accountability, flexibility, and Markets, Insurance, and Government Sponsored Enter- choice, so that no child is left behind, 4 p.m., SC–5, prises, oversight hearing on the Office of Federal Housing Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, August 1 10 a.m., Wednesday, August 1

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 4, Se- ation of S. 1246, Emergency Agriculture Assistance Act. curing America’s Future Energy (SAFE) Act of 2001 At 11 a.m., Senate will resume consideration of H.R. (structured rule, ninety minutes of debate). 2299, Department of Transportation and Related Agen- cies Appropriations Act, with a vote on the motion to close further debate thereon.

Extensions of Remarks, as inserted in this issue

HOUSE

Blumenauer, Earl, Ore., E1478 Burton, Dan, Ind., E1477 Jones, Stephanie Tubbs, Ohio, E1478 Schakowsky, Janice D., Ill., E1477 Udall, Mark, Colo., E1477

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