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

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 17, 2001 No. 99 House of Representatives The House met at 9 a.m. and was bluegrass country Monday through Fri- no longer hear Earl Scruggs, ably called to order by the Speaker pro tem- day. At that time the bluegrass pro- backed by Lester Flatt and the Foggy pore (Mr. CULBERSON). gram, as I recall, was aired from noon Mountain Boys as he plays the Flint f until 6 p.m. That time slot subse- Hill Special. During December’s yule- quently was reduced by half running tide season, the Monday through Fri- DESIGNATION OF SPEAKER PRO them from 3 until 6 p.m. I did not take day bluegrass fans will be deprived of TEMPORE umbrage with this change and con- Christmas Time A Comin’ by Bill Mon- The SPEAKER pro tempore laid be- cluded it was not unreasonable. Six roe and the Bluegrass Boys or the fore the House the following commu- hours is, after all, a formidable block Country Gentlemen’s version of Back nication from the Speaker: of time and reducing it to 3 hours ap- Home at Christmas Time. WASHINGTON, DC, peared to be a fair compromise. We, the Monday through Friday July 17, 2001. The recent heavy-handed action group, will have to make adjustments. I hereby appoint the Honorable JOHN taken by WAMU is neither fair nor a As a member of Congress, I have con- ABNEY CULBERSON to act as Speaker pro tem- compromise; and as I told a Wash- sistently contributed to WAMU’s var- pore on this day. ington Post reporter recently, as we ious campaigns. I may have to direct J. DENNIS HASTERT, say in the rural South, I am hopping my future contributions elsewhere be- Speaker of the House of Representatives. mad about it. cause I do not appreciate the manner f The powers that be at WAMU have in which it appears WAMU terminated MORNING HOUR DEBATES eliminated the Monday through Friday the Monday through Friday bluegrass bluegrass that we so much enjoyed programs. The SPEAKER pro tempore. Pursu- with Ray Davis and Jerry Gray. What Ray Davis and Jerry Gray deserve ant to the order of the House of Janu- were 3 hours of bliss have become 3 better. WAMU’s listeners deserve bet- ary 3, 2001, the Chair will now recog- hours of painful silence; and it appears ter. These listeners, by the way, are in- nize Members from lists submitted by this silencing exercise was executed tensely loyal. So WAMU may be pur- the majority and minority leaders for abruptly, with precision and with no suing a volatile course. morning hour debates. The Chair will advanced warning. Again, Mr. Speaker, drawing from alternate recognition between the par- Were Ray Davis and Jerry Gray af- my days in the rural South, when ties, with each party limited to not to forded the courtesy of saying good-bye youngsters misbehaved they were exceed 25 minutes, and each Member, to their host of loyal listeners? Obvi- taken to the woodshed. You know, per- except the majority leader, the minor- ously not. haps the WAMU management team ity leader, or the minority whip, lim- I am told that now in the D.C. listen- members need to be introduced to the ited to not to exceed 5 minutes, but in ing area we have two giants of public woodshed. For it is my belief they have no event shall debate extend beyond radio both supported by taxpayers, pre- misbehaved to the detriment of many 9:50 a.m. sumably tax exempt, broadcasting innocent observers. The Chair recognizes the gentleman identical programs an hour apart and f from North Carolina (Mr. COBLE) for 5 both broadcasting these programs minutes. twice to captive drive-time audiences. A BAD OMEN f What became of diversity, the com- The SPEAKER pro tempore. Under modity so frequently promoted by pub- the Speaker’s announced policy of Jan- CANCELLATION OF BLUEGRASS lic radio? uary 3, 2001, the gentleman from Texas MUSIC BY WAMU Many listeners of WAMU have con- (Mr. PAUL) is recognized during morn- Mr. COBLE. Mr. Speaker, several tacted me about this matter and most ing hour debates for 5 minutes. years ago when I arrived in Washington of these listeners are versatile in their Mr. PAUL. Mr. Speaker, the trial of as a newly elected Congressman and an musical tastes. They enjoy bluegrass Slobadon Milosevic threatens U.S. sov- unabashed bluegrass and country and country, as do I, but they enjoy the ereignty. The fact that this trial can be music enthusiast, one of my first non- classics as well, as do I. But the WAMU carried out, in the name of inter- congressional, self-appointed assign- decision-makers have made the former national justice, should cause all the ments was to identify the right radio more difficult to receive than the lat- Americans to cast a wary eye on the station. WAMU 88.5 was that station. ter. We no longer hear Jim and Jesse whole principal of the U.N. War Crimes Ray Davis and Jerry Gray, genial and the Virginia Boys play and sing Tribunal. The prosecution of Milosevic, down-home hosts, escorted us through Paradise or Better Times A Comin’. We a democratically elected and properly

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.

H4021

. H4022 CONGRESSIONAL RECORD — HOUSE July 17, 2001 disposed leader of a sovereign country, international community president of We should fear and condemn any effort to could not be carried out without full a sovereign country, U.S. policy was escalate the conflict with troops or money from U.S. military and financial support. designed to support an equally if not any outside sources. Our troops are already Since we are the only world super- worse organization, the KLA. involved and our money calls the shots. Extri- power, the U.N. court becomes our One of the conditions for ending the cating ourselves will get more difficult every court under our control. But it is naive civil war in Kosovo was the disbanding day we stay. But the sooner we get out the to believe our world superpower status of the KLA. But the very same ruthless better. We should be listening more to can- will last forever. The precedence now leaders of the KLA, now the Liberation didate George Bush’s suggestion during the being set will 1 day surely come back Army of Presovo, are now leading the last campaign for bringing our troops home to haunt us. insurrection in Macedonia without from this region. The U.S. today may enjoy dictating NATO lifting a finger to stop it. The Serbs, despite NATO’s propaganda, will policy to Yugoslavia and elsewhere NATO’s failed policy that precipitated not lightly accept the imprisonment of their around the world, but danger lurks the conflict now raging in Macedonia is democratically elected (and properly disposed) ahead. The administration adamantly ignored. president no matter how bad he was. It is their and correctly opposes our membership The U.N. War Tribunal in the Hague problem to deal with and resentment against in the permanent International Crimi- should insult the intelligence of all us will surely grow as conditions deteriorate. nal Court because it would have au- Americans. This court currently can Mobs have already attacked the American am- thority to exercise jurisdiction over only achieve arrest and prosecution of bassador to Macedonia for our inept inter- U.S. citizens without the consent of leaders of poor, small, or defeated na- ference in the region. Death of American citi- the U.S. government. But how can we, tions. There will be no war criminals zens are sure to come if we persist in this with a straight face, support doing the brought to the Hague from China, Rus- failed policy. very same thing to a small country, in sia, Britain, or the United States no Money and power has permitted the United opposition to its sovereignty, courts, matter what the charges. But some day States the luxury of dictating terms for and constitution. This blatant incon- this approach to world governing will Milosevic’s prosecution, but our policy of arbi- sistency and illicit use of force does backfire. The U.S. already has suffered trary interventions in the Balkans is sowing the not go unnoticed and will sow the seeds the humiliation of being kicked off the seeds of tomorrow’s war. of future terrorist attacks against U.N. Human Rights Commission and We cannot have it both ways. We cannot Americans or even war. the Narcotics Control Commission. Our expect to use the International Criminal Tri- Money, as usual, is behind the arrogant policy and attitude of superi- bunal for Yugoslavia when it pleases us and Milosevic’s extradition. Bribing Ser- ority will continue to elicit a smol- oppose the permanent International Criminal bian Prime Minister Zoran Djindjic, a dering hatred toward us and out of Court where the rules would apply to our own U.S.-sponsored leader, prompted strong sheer frustration will motivate even acts of aggression. This cynical and arrogant opposition from Yugoslavian Prime more terrorist attacks against us. approach, whether it’s dealing with Milosevic, Minister Zoran Zizic and Yugoslavian Realizing the weakness of the charges Hussein, or Kadafi, undermines peace and President Vojislaw Kostunica. against Milosevic the court has quietly A Belgrade historian, Aleksa Djilas, presents a threat to our national security. dropped the charges for committing genocide. was quoted in The New York Times as Meanwhile, American citizens must suffer the In a real trial, evidence that the British and the saying: ‘‘We sold him for money, and tax burden from financing the dangerous med- United States actually did business with we won’t really get very much money dling in European affairs, while exposing our Milosevic would be permitted. But almost al- for it. The U.S. is the natural leader of troops to danger. ways, whoever is our current most hated the world, but how does it lead? This A policy of nonintervention, friendship and enemy, has received help and assistance from justifies the worst American instincts, neutrality with all nations, engagement in true us in the past. This was certainly the case reinforcing this bullying mentality.’’ free trade (unsubsidized trade with low tariffs) Milosevic obviously is no saint but with Noriega and Saddam Hussein and others, is the best policy if we truly seek peace neither are the leader of the Croates, and now it’s Milosevic. around the world. That used to be the Amer- the Albanians or the KLA. The NATO Milosevic will be tried not before a jury of ican way. leaders who vastly expanded the death his peers but before a panel of politically ap- f pointed judges, all of whom were approved by and destruction in Yugoslavia with 78 INTRODUCTION OF LOWER LOS AN- days of bombing in 1999 are certainly the NATO countries, the same countries which 1 GELES RIVER AND SAN GABRIEL not blameless. The $1.28 billion prom- illegally bombed Yugoslavia for 2 ⁄2 months. Under both U.N. and international law the RIVER WATERSHEDS STUDY ACT ised the puppet Yugoslavian govern- OF 2001 ment is to be used to rebuild the cities bombing of Serbia and Kosovo was illegal. devastated by U.S. bombs. First, the This was why NATO pursued it and it was not The SPEAKER pro tempore. Under American people are forced to pay to done under a U.N. resolution. the Speaker’s announced policy of Jan- bomb, to kill innocent people and de- Ironically, the mess in which we’ve been en- uary 3, 2001, the gentlewoman from stroy cities, and then they are forced gaged in Yugoslavia has the international es- California (Ms. SOLIS) is recognized to pay to repair the destruction, while tablishment supporting the side of Kosovo during morning hour debates for 5 min- orchestrating a U.N. kangaroo court to independence rather than Serbian sovereignty. utes. bring the guilty to justice at the The principle of independence and secession Ms. SOLIS. Mr. Speaker, today I rise Hague. of smaller government entities has been en- to bring forward legislation that I want For all this to be accepted, the press hanced by the breakdown of the Soviet sys- to introduce regarding the Lower Los and internationalists have had to de- tem. If there’s any hope that any good could Angeles River and the San Gabriel monize Milosevic to distance them- come of the quagmire into which we’ve rapidly River Watershed Study Act of 2001. selves from the horrors of others in- sunk in the Balkans, it is that small inde- Mr. Speaker, I grew up in the shadow cluding NATO. pendent nations are a viable and reasonable of one of the largest landfills in the NATO’s air strikes assisted the KLA option to conflicts around the world. But the country, communities exposed to high in cleansing Kosovo of Serbs in the tragedy today is that no government is allowed levels of smog, and one of the largest name of assisting Albanian freedom to exist without the blessing of the One World Superfund sites in the region. All this fighters. No one should be surprised Government leaders. The disobedience to the has inspired my passion to preserve our when that is interpreted to mean tacit one worlders and true independence is not to remnants of open space. approval for Albanian expansionism in be tolerated. That’s what this trial is all about. Today, children in my district are Macedonia. While terrorist attacks by ‘‘Tow the line or else,’’ is the message that is still living next to this landfill, and former members of the KLA against being sent to the world. their playgrounds are often small con- Serbs are ignored, the trial of the new NATO and U.S. leaders insist on playing crete slabs with little green space. millennium, the trial of Milosevic, en- with fire, not fully understanding the signifi- With this knowledge, today I introduce joys daily support from the NATO–U.S. cance of the events now transpiring in the Bal- the Lower Los Angeles River and San propaganda machine. kans. If policy is not quickly reversed, events Gabriel River Watershed Study Act of In our effort to stop an independent- could get out of control and a major war in the 2001. The bill will study the Lower Los minded and uncooperative with the region will erupt. Angeles River and the San Gabriel July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4023 River and portions of the San Gabriel May 30, 2001 of the San Gabriel Valley work with Democrat Solis in a bipartisan ef- Mountains for potential inclusion in Tribune. fort. Sounds like win-win-win to us. the National Parks Service system. It is time for the Federal Govern- f The bill will direct the National Park ment to offer the next step for protec- INTRODUCTION OF ABUSIVE TAX Service to study the area and its nat- tion and revitalization in the San Ga- SHELTER SHUTDOWN ACT ural, historic, scenic, recreational, and briel Valley. This study is the first step national significance. in accomplishing that venture. The SPEAKER pro tempore. Under If deemed appropriate, I plan to in- [From the San Gabriel Valley Tribune, May the Speaker’s announced policy of Jan- troduce a bill that will officially des- 30, 2001] uary 3, 2001, the gentleman from Texas ignate the area. Thus, laying the OUR VIEW: BUSH SHOULD JOIN SOLIS PARK (Mr. DOGGETT) is recognized during groundwork for open space preserva- PLAN morning hour debates for 5 minutes. tion, environmental revitalization, The president was in town this week vis- Mr. DOGGETT. Mr. Speaker, most of curbing urban sprawl, and giving com- iting Camp Pendleton and meeting with Gov. us can appreciate the feeling of the fel- munities of color the option of experi- Gray Davis in Los Angeles on energy issues. low who declared, ‘‘I am proud to be Some say President George W. Bush should paying taxes, but I could be just as encing more than car horns and sky- use this visit to improve his standing on the scrapers. proud for half the money!’’ environment, an issue dear to Golden Some taxpayers have, in fact, discov- Currently, there are only five na- Staters. Specifically, he should support Rep. tional recreation areas near urban cen- Hilda Solis’ idea to declare the San Gabriel ered a way to get out for half the ters. Such urban parks combine scarce River—and 2,000 acres around it—a national money by exploiting abusive tax avoid- spaces with the preservation of signifi- recreation area. ance schemes, gimmicks, and tax shel- cant historic resources and important Solis, who has not formalized her idea, but ters. For the millions of Americans rather is sending it up as a trial balloon, who are paying their fair share of natural areas in locations that can pro- wants to siphon federal dollars into making vide outdoor recreation for large num- taxes, it is long past time to plug some the river a national park. Last year, $1.38 of the loopholes and eliminate the tax bers of people. The population growth billion was available through the National in California, as you know, is projected Park Service. While we support the preserva- inequities that threaten public con- to double in over the next 40 years. It tion and maintenance of more traditional fidence in our tax system. is of critical importance to plan for the national parks, we believe the feds should Today, together with the gentleman future of open space. change direction and provide for creation of from New York (Mr. RANGEL), the Study after study find that open closer-in, urban green spaces. ranking member of the Committee on Efforts are under way to restore the 29- space creates high property values, Ways and Means and a number of my mile San Gabriel River, which runs from the Democratic colleagues on the com- more community-oriented events, and Angeles National Forest to the beach. Our safer environments for our families. It river, and our forest for that matter, are vis- mittee, I am introducing the Abusive is estimated that there are less than ited by just as many people as many na- Tax Shelter Shutdown Act to address one-half acre square space per 1,000 tional parks—eight million a year visit the these concerns. residents in low-income areas, and up Angeles, which includes the river’s West With the Bush administration al- to 1.7 acres in West Los Angeles. Yet, Fork and the East Fork regions. Creating ready dipping into the Medicare trust three to four acres of open space per more urban recreation areas can be more im- fund to pay for its many undertakings, portant than preserving chunks of wild lands 1,000 residents is what is recommended we face a challenge. To implement a in remote parts of the country because these patients’ bill of rights, to ensure that by our Park Service. are closer to millions of people who need a After the 1992 riots in Los Angeles, green space to de-stress, relax and get away the dipping into the Medicare trust nearly 77 percent of neighborhood resi- from the burdens of everyday life. fund does not extend to an invasion of dents when asked what they felt was In addition, it seems as if the new San Ga- the Social Security trust fund, and to most important felt that improved briel and Lower Los Angeles Rivers and provide reasonable tax relief, we must parks and recreation facilities was ab- Mountain Conservancy started by Solis and ensure that lower tax revenues are off- solutely critical and important to the Sally Havice is stalled, but it’s nothing that set. We must secure what are known a little federal momentum could not kick around this House as ‘‘pay-for’s’’ to pay restoration of their communities. start. There is a growing concern that poor We would like to see an education center, for the enactment of any new initia- planning has resulted in the loss of too more bike trails and more river access for tives. much open space in the San Gabriel hikers, horseback riders, birders, mountain With the bill that we are introducing Valley and in the foothills of the San bikers, picnickers and all. today, we say: what better place to Gabriel Mountains. The threat of the Likewise, to the west, the Arroyo Seco start than with the high rollers who should be restored. The Arroyo Seco Founda- total buildout of the last remnants of are cheating and gaming our tax sys- tion and North East Trees are working on a tem. open space has increased concern about plan to make the river that runs through the cumulative impacts of that build- Pasadena, South Pasadena to Los Angeles a This new bill represents a refinement out on what little remains of our nat- place of beauty instead of a concrete channel of legislation that I originally intro- ural resources. off-limits to visitors. duced in 1999. The Washington Post, This concern has reached a critical These are projects that are not about sav- the Los Angeles Times, and several mass, sparking community action to ing a species of frog or fish but rather, about other newspapers have already en- form local conservancies. In fact, I was saving a quality of life for almost 2 million dorsed that initiative. The abuses that San Gabriel Valley residents who increas- it addresses were first brought to my a partner in helping to establish one of ingly spend more time in their cars in traffic the largest urban conservancies in the than in nature. Many have come here from attention by a constituent in Austin State of California effecting well over 6 Mexico, as the new census figures show, liv- who directed my attention to this million people. ing in poorer and middle-class neighborhoods Forbes magazine. Forbes, which proud- There is a need out there to provide of South El Monte, El Monte, Pico Rivera, ly proclaims itself ‘‘the capitalist open space. People in my community Northwest Pasadena, El Sereno, Azusa and tool,’’ did a cover story called ‘‘Tax and across the country want to see Duarte and rarely go beyond the streets Shelter Hustlers’’ with a fellow in a fe- that there is some preservation and where they live. dora on the cover, and stated, ‘‘Re- Most do not have the means to travel to some area for families to recreate. As a Yosemite, Mammoth Lakes and other spots spectable accountants are peddling California State Senator, I was proud that are favorites of the Valley’s more well- dicey corporate loopholes.’’ Inside, that to have introduced that piece of legis- to-do population. Hence, more than 75 per- cover story begins, ‘‘Respectable tax lation last year. cent of those who visit the East Fork, Whit- professionals and respectable corporate There are over 30 local community tier Narrows, Marrano Beach and Santa Fe clients are exploiting the exotica of governments and organizing groups Dam are Latino. modern corporate finance to indulge in that are now waiting for us to move The Bush Administration can’t miss this extravagant tax dodging schemes.’’ chance to start working on an urban, na- Forbes reported that Big 5 account- ahead at the Federal level to create tional park that will benefit Latinos in Cali- this park service area. fornia. ing firms require staffers, in one case, Mr. Speaker, I would like to insert It’s an opportunity for Bush to improve his to come up with at least one new cor- the following editorial published on image in the state and at the same time porate tax dodge per week. The literal H4024 CONGRESSIONAL RECORD — HOUSE July 17, 2001 hustling of these improper tax avoid- Battling these shelters one at a time, things. They aren’t just asking them to ance schemes is so commonplace that through years of costly litigation, has pay more taxes, we are trying to keep the representative of one major Texas- not prevented the steady growth in them from cheating the system.’’ based multinational indicated that he abusive practices. Indeed, the cre- Today, we sponsors of this legislation gets a cold call every day from some- ativity and speed with which new and offer a constructive way of correcting one hawking such shelters. more complicated tax shelters are de- abusive tax shelters, described by As Stefan Tucker, former Chair of vised is remarkable. Following judicial former Treasury Secretary Larry Sum- the American Bar Association Tax Sec- and administrative rulings, tax shel- mers as ‘‘the most serious compliance tion, a group comprised of 20,000 tax ters are repackaged and remarketed issue threatening the American tax lawyers across the country, told the with creative titles like sequels to bad system.’’ Battling corporate tax cheats Senate Finance Committee: ‘‘[T]he movies. is not a partisan issue, it is a question concerns being voiced about corporate One type of gimmickery, called of fundamental fairness. This Congress tax shelters are very real; these con- LILO, has been used by an American should promptly respond. cerns are not hollow or misplaced, as company, which rents a Swiss town TECHNICAL EXPLANATION OF H.R. , THE some would assert. We deal with cor- hall, not for any gathering, but only to ‘‘ABUSIVE TAX SHELTER SHUTDOWN ACT OF porate and other major taxpayer cli- rent it immediately back to the Swiss. 2001’’ ents every day who are bombarded, on The corporation takes a deduction TITLE I—CLARIFICATION OF ECONOMIC a regular and continuous basis, with from current taxable income for the SUBSTANCE DOCTRINE (SEC. 101) ideas or ‘‘products’’ of questionable total rental expense, while deferring PRESENT LAW merit.’’ income from its ‘‘re-rental’’ until far In general Two years later, we have this sequel into the future. Within months of The Internal Revenue Code (‘‘Code’’) pro- from Forbes which raises the question, Treasury shutting down such abusive vides specific rules regarding the computa- ‘‘How to cheat on your taxes?’’ It con- LILO transactions, products were soon tion of taxable income, including the cludes that the marketing of push-the- being sold as the ‘‘Son of LILO,’’ with amount, timing, and character of items of edge and over-the-edge tax shelters only a modicum of difference from the income, gain, loss and deductions. These ‘‘represent the most striking evidence previous version. rules are designed to provide for the com- of the decline in [tax] compliance’’ in I have modified this legislation to putation of taxable income in a manner that take into account the comments that provides for a degree of specificity to both our country today. The ‘‘outrageous taxpayers and the government. Taxpayers shelters’’ that it reports about in its were raised at a November 1999 Com- generally may plan their transactions in re- cover story are literally ‘‘tearing this mittee on Ways and Means hearing. I liance on these rules to determine the fed- country’s tax system apart.’’ It raises have incorporated recommendations eral income tax consequences arising from the question that more and more tax- from the American Bar Association tax the transactions. payers are asking: ‘‘Am I a chump for section, and bipartisan suggestions Notwithstanding the presence of these paying what I owe?’’ from leaders of the Senate Finance rules for determining tax liability, the Here is basically what this bill seeks Committee last year. This bill has been claimed tax results of a particular trans- carefully designed to curtail egregious action may be challenged by the Secretary of to do: First, it seeks to stop these the Treasury. For example, the Code grants schemes that have no ‘‘economic sub- behavior without impacting legitimate the Secretary various authority to challenge stance.’’ That is, deals that are done business deals. tax results that would result in an abuse of not to achieve economic gain in a com- Most of these refinements have had a these rules or the avoidance or evasion of tax petitive marketplace or for other le- very plain purpose: eliminate the ex- (Secs. 269, 446, 482, 7701(l)). Further, the Sec- gitimate business reasons but to gen- cuse for inaction. This bill should now retary can challenge a tax result by applying erate losses that offer a way to avoid be acceptable to everyone but most the so-called ‘‘economic substance doctrine.’’ the tax collector. blatant shelter hustlers. But that may This doctrine has been applied by the courts Second, it prevents tax cheats from not be the case. to deny unwarranted and unintended tax Treasury Secretary Paul O’Neill re- benefits in transactions whose undertaking buying the equivalent of a ‘‘get-out-of- does not result in a meaningful change to jail-free’’ card to protect themselves in cently gave an interview to a London the taxpayer’s economic position other than the unlikely event that they get newspaper in which he favored elimi- a purported reduction in federal income tax. caught. Some fancy legal opinion can- nating corporate taxation. If that is Closely related doctrines also applied by the not be used as insurance against pen- the ultimate objective, if he just waits courts (sometimes interchangeable with the alties for tax underpayments on trans- a little while maintaining the same at- economic substance doctrine) include the so- actions that have no economic sub- titude of indifference in the face of rap- called ‘‘sham transaction doctrine’’ and the stance. idly proliferating shelter schemes it ‘‘business purpose doctrine’’. (See, for exam- may eventually be accomplished. This ple, Knetsch v. United States, 364 U.S. 361 Third, the bill increases and tightens (1960) denying interest deductions on a penalties for tax dodging so that there will leave just a few ‘‘corporate ‘‘sham transaction’’ whose only purpose was is at least some downside risk to cheat- chumps’’ paying anything close to to create the deductions.) Also, the Sec- ing. their fair share. retary can argue that the substance of a Fourth, it requires the promoters and Most taxpayers realize that if some- transaction is different from the form in hustlers who market tax shelters to one in the corporate towers or just which the taxpayer has structured and re- share a little of the penalty themselves down the street is not paying their fair ported the transaction and therefore, the with the offending taxpayer. share, you and I, and the others who taxpayer applied the improper rules to deter- Fifth, it punishes the lawyers who play by the rules, must pay more to mine the tax consequences. Similarly, the pick up the slack. And that slack, that Secretary may invoke the ‘‘step-transaction write ‘‘penalty insurance’’ opinions doctrine’’ to treat a series of formally sepa- that any reasonable person would know loss of revenue to abusive tax shelters, rate ‘‘steps’’ as a single transaction if the are unjustified. is not estimated to exceed $10 billion steps are integrated, interdependent, and fo- Sixth, it penalizes those who fail to per year. cused on a particular result. follow the disclosure rules. It recog- And that lost revenue could be put to Economic substance doctrine nizes that too often secrecy is the better use. The bipartisan leaders of The economic substance doctrine is a com- growth hormone for these complex tax- the managed care reform bill in the mon law doctrine denying tax benefits in cheating shelter gimmicks. last Congress relied upon this proposal transactions which, apart from their claimed Seventh, it expands the types of tax to offset any reduced federal revenues tax benefits, have little economic signifi- shelters that must be registered with associated with adopting the Patients cance. the IRS, thereby facilitating tax en- Bill of Rights. Although blocked proce- The seminal authority for the economic forcement. durally, Representative CHARLIE NOR- substance doctrine is the Supreme Court and Second Circuit decisions in Gregory v. Finally, it targets a few of what some WOOD (R–GA) got it right in telling the Helvering (293 U.S. 465 (1935), aff’g 69 F.2d 809 might view as ‘‘attractive nuisances.’’ House Rules Committee, ‘‘There is a (2d Cir. 1934). In that case, a transitory sub- That is, tax code provisions that are large difference in what you call a tax sidiary was used to effectuate a tax-advan- particularly subject to manipulation increase and stopping bogus tax shel- taged distribution form a corporation. Not- and misuse. ters. That is really two different withstanding that the transaction satisfied July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4025 the literal definition of a tax-free reorga- sion) in transactions the court determined form of a transaction with a tax-indifferent nization, the courts denied the intended ben- were lacking economic substance. party in excess of the tax-indifferent party’s efits of the transactions, stating: ‘‘The pur- Business purpose doctrine economic gain or income or if it results in pose of the [reorganization] section is plain The courts use the business purpose doc- the shifting of basis on account of over- enough, men [and women] engaged in enter- trine (in combination with economic sub- stating the income or gain of the tax-indif- prises—industrial, commercial, financial, or stance) as part of a two-prong test for deter- ferent party. an other—might wish to consolidate, or di- mining whether a transaction should be dis- EFFECTIVE DATE vide, to add to, or subtract from, their hold- regarded for tax purposes: (1) the taxpayer The provision applies to transactions after ings. Such transactions were not to be con- was motivated by no business purpose other the date of enactment. sidered ‘realizing’ and profit, because the than obtaining tax benefits in entering the collective interests still remained in solu- TITLE II—PENALTIES transaction, and (2) the transaction lacks tion. But the underlying presupposition is 1. Modifications to accuracy-related penalty economic substance (Rice’s Toyota World, 752 plain that the readjustment shall be under- (sec. 201) taken for reasons germane to the conduct of F.2d 89, 91 (1985)). In essence a transaction will be respected for tax purposes if it has PRESENT LAW the venture in hand, not as an ephemeral in- A 20-percent penalty applies to any portion cident, egregious to its prosecution. To ‘‘economic substance or encouraged by busi- of an underpayment of income tax required dodge the shareholder’s taxes is not one of ness or regulatory realities, is imbued with to be shown on a return to the extent that it the transactions contemplated as corporate tax-independent consideration, and is not is attributable to negligence or to a substan- ‘reorganizations’.’’ (69 F.2d at 811). shaped solely by tax-avoidance features that The economic substance doctrine was ap- have meaningless label attached.’’ (Frank tial understatement of income tax. For pur- plied in the case of Goldstein v. Commissioner Lyon Co. v. Commissioner, 435 U.S. 561 (1978)). poses of the penalty, an understatement is (364 F.2d 734 (2d Cir. 1966)) involving a tax- EXPLANATION OF PROVISION considered ‘‘substantial’’ if it exceeds the greater of (1) 10 percent of the tax required payer who borrowed to acquire Treasury se- In general curities. Under the law then in effect, she to be shown on the return, or (2) $5,000 Under the bill, the economic substance ($10,000 in the case of a C corporation that is was able to deduct a substantial amount of doctrine is made uniform and is enhanced. prepaid interest. Notwithstanding that the not a personal holding company). The bill provides that in applying the eco- The penalty does not apply if there was Code allowed a deduction for the prepaid in- nomic substance doctrine, a transaction will terest, the Court disallowed the deduction reasonable cause for the understatement and be treated as having economic substance the taxpayer acted in good faith with respect stating: ‘‘this provision [sec. 163(a)] should only if the transaction changes in a mean- not be construed to permit an interest de- to the understatement. In addition, except in ingful way (apart from Federal income tax duction when it objectively appears that a the case of a tax shelter, the substantial un- consequences) the taxpayer’s economic posi- taxpayer has borrowed funds in order to en- derstatement penalty does not apply if there tion, and the transaction has a substantial gage in a transaction that has no substance was substantial authority for the tax treat- nontax purpose which would be reasonably or purpose other than to obtain the tax ben- ment of an item or if there was adequate dis- accomplished by the transaction. This aspect efit of an interest deduction.’’ closure of the item and reasonable basis for of the bill clarifies the judicial application of Likewise in Shelton v. Commissioner (94 T.C. the treatment of the item. In the case of a the economic substance doctrine and would 738 (1990)), a taxpayer borrowed money to tax shelter of a noncorporate taxpayer, the overturn the results in certain court cases, purchase Treasury bills. Under the law at substantial authority exception applies if such as the result in IES Industries (see that time, the interest on the borrowing was the taxpayer reasonably believed that the above). The bill provides that if a profit po- deductible, but interest on the Treasury bills claimed treatment was more likely than not tential is relied on to demonstrate that a did not have to be accrued currently. The the proper treatment. For this purpose, a tax transaction results in a meaningful change taxpayer deducted the interest on the bor- shelter means a partnership or other entity, in economic position (and therefore has eco- rowing currently and deferred the interest plan or arrangement, if a significant purpose nomic substance), the present value of the income. The court, as in the Goldstein case, of the entity, plan or arrangement was the reasonably expected pre-tax profit must be disallowed the interest deduction because avoidance or evasion of Federal income tax. substantial in relation to the present value the transaction lacked economic substance. EXPLANATION OF PROVISION of the expected net tax benefits that would Similarly, the economic substance doctrine be allowed if the transaction were respected. Enhanced penalty for disallowed noneconomic has been applied to disallow losses in cases The potential for a profit not in excess of a tax attributes where taxpayers invested in commodity risk-free rate of return will not satisfy the The bill increases the accuracy-related straddles (Yosha v. Commissioner, 861 F.2d 494 test. In determining pre-tax profit, fees and penalty for underpayments attributable to (7th Cir. 1988)). disallowed noneconomic tax attributes. The Recently, the courts have applied the eco- other transaction expenses and foreign taxes rate of the penalty is increased to 40 percent nomic substance doctrine to deny the bene- are treated as expenses. unless the taxpayer discloses to the Sec- fits of an intricate plan principally designed Under the bill, a taxpayer may rely on fac- retary of the Treasury or his delegate such to create losses by investing in a partnership tors other than profit potential for a trans- information as the Secretary shall prescribe holding debt instruments that were sold for action to have a meaningful change in the with respect to such transaction. No excep- contingent installment notes. Both the Tax taxpayer’s economic position; the bill mere- tions (including the reasonable cause excep- Court and the Court of Appeals for the Third ly sets forth a minimum profit potential if tion) to the imposition of the penalty will Circuit held that the transaction lacked eco- that test is relied on to demonstrate a mean- apply in the case of disallowed noneconomic nomic substance and thus disallowed the ingful change in economic position. In applying the profit test to the lessor of tax attributes. ‘‘artificial loss’’ (ACM Partnership v. Commis- tangible property, depreciation and tax cred- The enhanced penalty applies to the extent sioner, 157 F.3d 231 (3d Cir. 1998), aff’g 73 its (such as the rehabilitation tax credit and that the underpayment is attributable to the T.C.M. 2189 (1997)). The Tax Court opinion the low income housing tax credit) are not to disallowance of any tax benefit because of a stated: ‘‘the transaction must be rationally be taken into account in measuring tax ben- lack of economic substance (as provided by related to a useful nontax purpose that is efits. Thus, a traditional leveraged lease is the bill), because the transaction was not re- plausible in light of the taxpayer’s conduct not affected by the bill to the extent it spected under the rules added by the bill re- and useful in the light of the taxpayer’s eco- meets the present law standards. lating to transactions with tax-indifferent nomic situation and intentions. Both the Except as the bill otherwise specifically parties, because of a lack of business purpose utility of the stated purpose and the ration- provides, judicial doctrines disallowing tax or because the form of the transaction does ality of the means chosen to effectuate it benefits for lack of economic substance, not reflect its substance, or because of any must be evaluated in accordance with the business purpose, or similar reasons will con- similar rule of law disregarding meaningless commercial practices in the relevant indus- tinue to apply as under present law. transactions whose undertaking were not in try . . . A rational relationship between pur- the furtherance of a legitimate business or pose and means ordinarily will not be found Transactions with tax-indifferent parties economic purpose. unless there was a reasonable expectation The bill also provides special rules for that the nontax benefits would at least be transactions with tax-indifferent parties. Modifications to substantial understatement commensurate with the transaction costs.’’ For this purpose, a tax-indifferent party penalty Courts have likewise denied the tax bene- means any person or entity not subject to The bill makes several modifications to fits in cases involving the misuse of seller-fi- Federal income tax, or any person to whom the substantial understatement penalty. nanced corporate-owned life insurance an item would have no substantial impact on First, the bill treats an understatement as (Winn-Dixie Stores, Inc. v. Commissioner, 113 its income tax liability, for example, by rea- substantial if it exceeds $500,000, regardless T.C. No. 21 (1999); American Electric Power Inc. sons of its method of accounting (such as of whether it exceeds 10 percent of the tax- v. United States (S.D. Ohio, No. C2–99–724, mark-to-market). Under these rules, the payer’s total tax liability. Second, the bill Feb. 20, 2001)) and foreign tax credits form of a financing transaction will not be treats tax shelters of noncorporate taxpayers (Compaq Computer Corp. v. Commissioner, 113 respected if the present value of the tax de- the same as the present law treatment of T.C. No. 17 (1999). However, see IES Industries ductions to be claimed is substantially in ex- corporate tax shelter; thus the exception v. United States, 2001 U.S. App. LEXIS 12881 cess of the present value of the anticipated from the penalty for substantial authority (8th Cir. June 14, 2001) for a contrary deci- economic returns to the lender. Also, the (under section 6662(b)(2)(B)(i)) will not apply. H4026 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Third, the bill provides that the determina- crease in the present-law penalty for pro- well as any other information that the Sec- tion of the amount of underpayment shall moting abusive tax shelters applies to trans- retary may require. The lists must generally not be less than the amount that would be actions after the date of enactment. be maintained for seven years. determined if the items not attributable to a 3. Modifications to the aiding and abetting The penalty for any failure to meet any of tax shelter or to a transaction having dis- penalty (sec. 203) the requirements of this provision if $50 for allowed noneconomic tax attributes (dis- each person with respect to whom there is a PRESENT LAW cussed below) were treated as being correct. failure, up to a maximum of $50,000 in any Finally, an underpayment may not be re- A penalty is imposed on any person who calendar year. The penalty is not imposed duced by reason of filing an amended return aids, assists in, procures, or advises with re- where the failure is due to reasonable cause after the taxpayer is first contacted by the spect to the preparation or presentation of and not due to willful neglect. This penalty IRS regarding the examination of its return. any return or other document if (1) the per- is in addition to any other penalty provided son knows (or has reason to believe) that the by law. EFFECTIVE DATE return or other document will be used in The enhanced penalty applies to trans- connection with any material matter arising EXPLANATION OF PROVISION actions after the date of enactment. The under the tax laws, and (2) the person knows The bill increases the penalty for the fail- modifications to the substantial understate- that if the portion of the return or other doc- ure to maintain investor lists in connection ment penalty apply to taxable years ending ument were so used, an understatement of with the sale of interests in a tax shelter (as after the date of enactment. the tax liability would result (sec. 6701). An defined in section 6662(d)(2)(C)(iii) or in any 2. Promoter penalties (sec. 202) exception is provided for individuals who fur- partnership, entity, plan or arrangement that involves the disallowance of a non- PRESENT LAW nish mechanical assistance with respect to a document. economic tax attribute (as described in sec- Any person who (1) organizes any partner- The amount of the penalty is $1,000 for tion 201 of the bill). In these cases, the pen- ship, entity, plan, or arrangement, or (2) par- each return or other document ($10,000 in the alty is equal to the greater of 50 percent of ticipates in the sale of any interest in such case of returns and documents relating to the gross proceeds derived (or to be derived) a structure, and makes or furnishes a state- the tax of a corporation). from each person with respect to which there ment (or causes another to make or furnish was a failure (with no maximum limitation). a statement) with respect to any material EXPLANATION OF PROVISION EFFECTIVE DATE tax benefit attributable to the arrangement The bill modifies the aiding and abetting or structure that the person knows (or has penalty as it relates to any person who offers The increased penalty applies to trans- reason to know) is false or fraudulent is sub- an opinion regarding the tax treatment of an actions entered into after date of enactment. ject to a penalty. The amount of the penalty item attributable to a tax shelter or any 5. Penalty for failure to disclose reportable is equal to the lesser of (1) $1,000 or (2) 100 other transaction involving a noneconomic transactions (sec. 205) tax attribute. percent of the gross income derived by the PRESENT LAW promoter from each activity (sec. 6700(a)). Under the bill, a penalty is imposed on any A taxpayer must file a return or statement There is no statute of limitations on the as- person who is involved in the creation, sale, in accordance with the forms and regulations sessment of a penalty under section 6700 implementation, management, or reporting prescribed by the Secretary (including any (Capozzi v. Commissioner, 980 F.2d 872 (2nd Cir. of a tax shelter, or of any partnership, enti- required information). (See Section 6011). In 1992); Lamb v. Commissioner, 977 F.2d 1296 (8th ty, plan or arrangement that involves the February 2000, the Treasury Department Cir. 1992)). disallowance of a noneconomic tax attribute (as described in section 201 of the bill), but issued temporary and proposed regulations EXPLANATION OF PROVISION only if (1) the person opines, advises, or indi- under section 6011 that require corporate The bill imposes a penalty on any substan- cates that the taxpayer’s treatment of an taxpayers to include in their tax return in- tial promoter of a tax avoidance strategy if item attributable to such a transaction formation with respect to certain large the strategy fails to satisfy any of the judi- would more likely than not prevail or not transactions with characteristics that may cial doctrines that may be applied in the dis- give rise to a penalty, and (2) the opinion, be indicative of tax shelter activity. allowance of noneconomic tax attributes (as advice, or indication is unreasonable. If the Specifically, the regulations require the described in section 201 of the bill). opinion involved a higher standard (for ex- disclosure of information with respect to A tax avoidance strategy means any enti- ample, a ‘should opinion), and the opinion ‘‘reportable transactions.’’ There are two ty, plan, arrangement, or transaction a sig- was unreasonable, then the person who of- categories of reportable transactions. The nificant purpose of which is the avoidance or fered the opinion would be subject to the first category covers transactions that are evasion of Federal income tax. A substantial proposed penalty. An opinion would be con- the same as (or substantially similar to) tax promoter means any person (and any related sidered unreasonable if a reasonably prudent avoidance transactions the IRS has identi- person) who participates in the promotion, and careful person under similar cir- fied in published guidance (a ‘‘listed’’ trans- offering, or sale of a tax avoidance strategy cumstances would not have offered such an action) and that are expected to reduce a to more than one potential participant and opinion. corporation’s income tax liability by more for which the person expects to receive ag- The amount of the penalty is 100 percent of than $1 million in any year or by more than gregate fees in excess of $500,000. the gross proceeds derived by the person $2 million for any combination of years. The IRS can assess a penalty on a pro- from the transaction. In addition, upon the (Treas. Reg. sec. 1.6011–4T(b)(2) and –(b)(4)). moter independent of the taxpayer’s audit, imposition of this penalty, the Secretary is The second category covers transactions and the promoter can challenge the penalty required to notify the IRS Director of Prac- that are expected to reduce a corporation’s prior to a final determination with respect tice and any appropriate State licensing au- income tax liability by more than $5 million to the taxpayer’s disallowed tax benefit. The thority of the penalty and the circumstances in any single year or $10 million for any com- promoter can challenge the imposition of the under which it was imposed. Also, the Sec- bination of years and that exhibit at least penalty in court independent of any litiga- retary must publish the identity of the per- two of six enumerated characteristics. tion with the taxpayer. son and the fact that the penalty was im- (Treas. Reg. sec. 1.6011–4T(b)(3) and –(b)(4)). The amount of the penalty equals 100 per- posed on the person. There is no penalty for failing to ade- cent of the gross income derived (or to be de- quately disclose a reportable transaction. rived) by the promoter from the strategy. EFFECTIVE DATE However, the nondisclosure could indicate This would include contingent fees, rebated The provision applies to transactions en- that the taxpayer has not acted in ‘‘good fees, and fees that are structured as an inter- tered into after date of enactment. faith’’ with respect to the underpayment. est in the transaction. Coordination rules 4. Penalty for failure to maintain list of (T.D.8877). are provided to avoid the imposition of mul- investors (sec. 204) EXPLANATION OF PROVISION tiple penalties on promoters (i.e., the pen- PRESENT LAW The bill imposes a penalty for failing to alty does not apply if a penalty is imposed Any person who organizes a potentially disclose the required information with re- on the substantial promoter for promoting abusive tax shelter or who sells an interest spect to a reportable transaction (unless the an abusive tax shelter under present-law sec- in such a shelter must maintain a list that failure was due to reasonable cause and not tion 6700(a)). As under present-law section identifies each person who purchased an in- due to willful neglect). The amount of the 6700, there is not statute of limitations on terest in the shelter (sec. 6112). A potentially penalty is equal to the greater of (1) five per- the assessment of the penalty. abusive tax shelter means (i) any tax shelter cent of any increase in Federal income tax The bill also increases the present-law pro- with respect to which registration is re- which results from a difference between the moter penalty to the greater of $1,000 or 100 quired under section 6111, and (ii) any entity, taxpayer’s treatment of the items attrib- percent of the gross income derived (or to be investment plan or arrangement, or any utable to the reportable transaction and the derived) by the promoter from each activity. other plan or arrangement that is of a type proper tax treatment of such items, or (2) EFFECTIVE DATE that has a potential for tax avoidance or eva- $100,000. If the failure to disclose relates to a The penalty for promoting tax avoidance sion and that is designated in regulations listed transaction (or a substantially similar strategies applies with respect to any inter- issued by the Secretary. The investor list transaction), the percentage rate is in- est in a tax avoidance strategy that is of- must include the name, address and taxpayer creased to 10 percent of any increase in tax fered after the date of enactment. The in- identification number of each purchaser, as from the transaction (or, if greater, $100,000). July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4027 The penalty for failure to disclose informa- adjusted bases of property received by a Distributions of partnership property tion with respect to a reportable transaction transferee corporation subject to U.S. tax With certain exceptions, partners may re- is in addition to any accuracy-related pen- from persons not subject to U.S. tax with re- ceive distributions of partnership property alty that may be imposed on the taxpayer. spect to the property exceeds the fair market without recognition of gain or loss by either EFFECTIVE DATE value of the properties transferred. Thus, for the partner or the partnership (Sec. 731 (a) The provision applies to transactions en- example, if in a tax-free incorporation, some and (b)). In the case of a distribution in liq- properties are received by a corporation tered into after date of enactment. uidation of a partner’s interest, the basis of from U.S. persons, and some properties are the property distributed in the liquidation is 6. Registration of certain tax shelters offered to relieved from foreign persons not subject to non-corporate participants (sec. 206) equal to the partner’s adjusted basis in its U.S. tax, this provision applies to the aggre- partnership interest (reduced by any money PRESENT LAW gate properties relieved from the foreign per- distributed in the transaction) (Sec. 732(b)). A promoter of a confidential corporate tax sons. In the case of a transfer by a partner- In a distribution other than in liquidation of shelter is required to register the tax shelter ship (either domestic or foreign), this provi- a partner’s interest, the distributee partner’s with the IRS (sec. 6111(d)). Registration is re- sion applies as if the properties had been basis in the distributed property is equal to quired not later than the next business day transferred by each of the partners in pro- the partnership’s adjusted basis in the prop- after the day when the tax shelter is first of- portion to their interests in the partnership. erty immediately before the distribution, fered to potential users. For this purpose, a EFFECTIVE DATE but not to exceed the partner’s adjusted confidential corporate tax shelter includes The provision applies to transactions after basis in the partnership interest (reduced by any entity, plan, arrangement or transaction the date of enactment. any money distributed in the same trans- (1) a significant purpose of which is the 2. Disallowance of partnership loss transfers action )(Sec. 734(a)). avoidance or evasion of Federal income tax (sec. 302) Adjustments to the basis of the partner- for a direct or indirect participant that is a ship’s undistributed properties are not re- PRESENT LAW corporation, (2) that is offered to any poten- quired unless the partnership has made the tial participant under conditions of confiden- Contributions of property election under section 754 to make basis ad- tiality, and (3) for which the tax shelter pro- Under present law, if a partner contributes justments (sec. 734(a)). If an election is in ef- moters may receive aggregate fees in excess property to a partnership, generally no gain fect under section 754, adjustments are made of $100,000. or loss is recognized to the contributing by a partnership to increase or decrease the The penalty for failing to timely register a partner at the time of contribution (Sec. remaining partnership assets to reflect any confidential corporate tax shelter is the 721). The partnership takes the property at increase or decrease in the adjusted basis of greater of $10,000 or 50 percent of the fees an adjusted basis equal to the contributing the distributed properties in the hands of the payable to any promoter with respect to of- partner’s adjusted basis in the property (Sec. distributee partner (Sec. 734(b)). To the ex- ferings prior to the date of late registration 723). The contributing partner increases its tent the adjusted basis of the distributed unless due to reasonable cause (sec. basis in its partnership interest by the ad- properties increases (or loss is recognized) 6707(a)(3)). Intentional disregard of the re- justed basis of the contributed property (Sec. the partnership’s adjusted basis in its prop- quirement to register increases the 50-per- 722). Any items of partnership income, gain, erties is decreased by a like amount; like- cent penalty to 75 percent of the applicable loss and deduction with respect to the con- wise, to the extent the adjusted basis of the fees. tributed property is allocated among the distributed properties decrease (or gain is partners to take into account any built-in EXPLANATION OF PROVISION recognized), the partnership’s adjusted basis gain or loss at the time of the contribution in its properties is increased by a like The bill deletes the requirement that a di- (Sec. 704(c)(1)(A)). This rule is intended to rect or indirect participant must be a cor- amount. Under these rules, a partnership prevent the transfer of built-in gain or loss with no election in effect under section 754 poration. Thus, the provision extends the from the contributing partner to the other present-law registration requirements to in- may distribute property with an adjusted partners by generally allocating items to the basis lower than the distributee partner’s clude a promoter of any confidential tax noncontributing partners based on the value shelter (regardless of the participant). The proportionate share of the adjusted basis of of their contributions and by allocating to all partnership property and leave the re- penalty for failing to timely register a con- the contributing partner the remainder of fidential tax shelter remains unchanged (i.e., maining partners with a smaller net built-in each item. (Note: where there is an insuffi- gain or a larger net built-in loss than before the greater of $10,000 or 50 percent of the fees cient amount of an item to allocate to the payable to any promoter with respect to of- the distribution. noncontributing partners, Treasury regula- DESCRIPTION OF PROVISION ferings prior to the date of late registration). tions allow for reasonable allocations to Contributions of property EFFECTIVE DATE remedy this insufficiency. Treas. Reg. sec. 1– The provision applies to any tax shelter in- 704(c) and (d)). Under the bill, a built-in loss may be taken terest that is offered to potential partici- If the contributing partner transfer its into account only by the contributing part- pants after the date of enactment. partnership interest, the built-in gain or loss ner and not by other partners. Except as pro- vided in regulations, in determining the TITLE III—LIMITATIONS ON IMPORTA- will be allocated to the transferee partner as amount of items allocated to partners other TION AND TRANSFER OF BUILT-IN it would have been allocated to the contrib- than the contributing partner, the basis of LOSSES uting partner (Treas. Reg. sec. 1.704–3(a)(7). If the contributing partner’s interest is liq- the contributed property shall be treated as 1. Limitation on importation of built-in losses the fair market value on the date of con- (sec. 301) uidated, there is no specific guidance pre- venting the allocation of the built-in loss to tribution. Thus, if the contributing partner’s PRESENT LAW the remaining partners. Thus, it appears partnership interest is transferred or liq- Under present law, the basis of property re- that losses can be ‘‘transferred’’ to other uidated, the partnership’s adjusted basis in ceived by a corporation in a tax-free incorpo- partners where the contributing partner no the property will be based on its fair market ration, reorganization, or liquidation of a longer remains a partner. value at the date of contribution, and the subsidiary corporation is the same as the ad- Transfers of partnership interests built-in loss will be eliminated. (Note: it is justed basis in the hands of the transferor, intended that a corporation succeeding to at- Under present law, a partnership does not adjusted for gain or loss recognized by the tributes of the contributing corporate part- adjust the basis of partnership property fol- transferor (Secs. 334(b) and 362(a) and (b)). If ner under section 381 shall be treated in the lowing the transfer of a partnership interest a person or entity that is not subject to U.S. same manner as the contributing partner). unless the partnership has made a one-time income tax transfers property with an ad- election under section 754 to make basis ad- Transfers of partnership interests justed basis higher than its fair market justments (Sec. 743(a)). If an election is in ef- The bill provides that the basis adjustment value to a corporation that is subject to U.S. fect, adjustments are made with respect to rules under section 743 will be required in the income tax, the ‘‘built-in’’ loss would be im- the transferee partner in order to account case of the transfer of a partnership interest ported into the U.S. tax system, and the for the difference between the transferee with respect to which there is a substantial transferee corporation would be able to rec- partner’s proportionate share of the adjusted built-in loss. For this purpose, a substantial ognize the loss in computing its U.S. income basis of the partnership property and the built-in loss exists where the transferee part- tax. transferee’s basis in its partnership interest ner’s proportionate share of the adjusted EXPLANATION OF PROVISION (Sec. 743(b)). These adjustments are intended basis of the partnership property exceeds 110 The bill provides that if a net built-in loss to adjust the basis of partnership property to percent of the transferee partner’s basis in is imported into the U.S. in a tax-free orga- approximate the result of a direct purchase the partnership interest in the partnership. nization or reorganization from persons not of the property by the transferee partner. Thus, for example, assume that partner A subject to U.S. tax, the basis of all properties Under these rules, if a partner purchases an sells his partnership interest to B for its fair so transferred will be their fair market interest in a partnership with an existing market value of $100. Also assume that B’s value. A similar rule will apply in the case of built-in loss and no election under section proportionate share of the adjusted basis of the tax-free liquidation by a domestic cor- 754 in effect, the transferee partner may be the partnership assets is $120. Under the bill, poration of its foreign subsidiary. allocated a share of the loss when the part- section 743(b) will apply and require a $20 de- Under the bill, a net built-in loss is consid- nership disposes of the property (or depre- crease in the adjusted basis of the partner- ered imported into the U.S. if the aggregate ciates the property). ship assets with respect to B, so that B H4028 CONGRESSIONAL RECORD — HOUSE July 17, 2001 would recognize no gain or loss if the part- the first Tuesday, the third day of the brothers were and also are Rabbis, all nership immediately sold all of its assets for week, the waters were brought to- ordained by the Yeshiva University. their fair market value. gether again, and that symbolizes Rabbi Wohlberg is a driving force be- Distribution of partnership property unity, and that is doubly good. hind the Beth Tfiloh School, an out- The bill provides that the basis adjust- In this spirit, we pray: Almighty God, standing Jewish day school in Balti- ments under section 734 are required in the may a unity of purpose bring together more. case of a distribution with respect to which all the esteemed Members of the I know all my colleagues will join me there is a substantial basis reduction. A sub- United States House of Representa- in thanking Rabbi Wohlberg for offer- stantial basis reduction means a downward adjustment to the partnership assets (had a tives. Let all its Members realize that ing this morning’s opening prayer. section 754 election been in effect) greater we can disagree without being dis- f agreeable, that we can walk shoulder than 10 percent of the adjusted basis of the PRIVATE CALENDAR assets. to shoulder without seeing eye to eye Thus, for example, assume that A and B on every subject. The SPEAKER pro tempore. This is each contributed $25 to a newly formed part- Together let us pray for the day the day for the call of the Private Cal- nership and C contributed $50 and that the which will witness the prophetic dream endar. The Clerk will call the first bill partnership purchased LMN stock for $30 and of a world in which none shall hurt, on the Private Calendar. XYZ stock for $70. Assume that the value of each stock declined to $10. Assume LMN none shall destroy, for the Earth will f stock is distributed to C in liquidation of its be filled with the knowledge of Thee as NANCY B. WILSON partnership interest. As under present law, the waters cover the sea. the basis of LMN stock in C’s hands if $50. C And let us say Amen. The Clerk called the bill (H.R. 392) for the relief of Nancy B. Wilson. would recognize a loss of $40 if the LMN f stock were sold for $10. Mr. COBLE. Mr. Speaker, I ask unan- Under the bill, there is a substantial basis THE JOURNAL imous consent that the bill be passed adjustment because the $20 increase in the The SPEAKER pro tempore. The over without prejudice. adjusted basis of asset 1 (sec. 734(b)(2)(B)) is Chair has examined the Journal of the The SPEAKER pro tempore. Is there greater than 10 percent of the adjusted basis objection to the request of the gen- of partnership assets of $70. Thus, the part- last day’s proceedings and announces nership would be required to decrease the to the House his approval thereof. tleman from North Carolina? basis of XYZ stock (under section 734(b)(2)) Pursuant to clause 1, rule I, the Jour- There was no objection. by $20 (the amount by which the basis LMN nal stands approved. f stock was increased), leaving a basis of $50. If f the XYZ stock were then sold by the partner- RITA MIREMBE REVELL ship for $10, A and B would each recognize a PLEDGE OF ALLEGIANCE The Clerk called the Senate bill (S. loss of $20. The SPEAKER pro tempore. Will the 560) for the relief of Rita Mirembe EFFECTIVE DATE gentleman from Nevada (Mr. GIBBONS) Revell (a.k.a. Margaret Rita Mirembe). The provision applies to contributions, come forward and lead the House in the There being no objection, the Clerk transfers, and distributions (as the case may Pledge of Allegiance. read the Senate bill, as follows: be) after date of enactment. Mr. GIBBONS led the Pledge of Alle- S. 560 f giance as follows: Be it enacted by the Senate and House of Rep- resentatives of the United States of America in RECESS I pledge allegiance to the Flag of the United States of America, and to the Repub- Congress assembled, The SPEAKER pro tempore. There lic for which it stands, one nation under God, SECTION 1. PERMANENT RESIDENT STATUS FOR being no further requests for morning indivisible, with liberty and justice for all. RITA MIREMBE REVELL (A.K.A. MAR- GARET RITA MIREMBE). hour debates, pursuant to clause 12, f rule I, the House will stand in recess (a) IN GENERAL.—Notwithstanding any other provision of law, for the purposes of until 10 a.m. WELCOME TO RABBI MITCHELL WOHLBERG the Immigration and Nationality Act (8 Accordingly (at 9 o’clock and 22 min- U.S.C. 1101 et seq.), Rita Mirembe Revell utes a.m.) the House stood in recess (Mr. CARDIN asked and was given (a.k.a. Margaret Rita Mirembe) shall be held until 10 a.m. permission to address the House for 1 and considered to have been lawfully admit- ted to the United States for permanent resi- f minute and to revise and extend his re- marks.) dence as of the date of enactment of this b 1000 Mr. CARDIN. Mr. Speaker, I feel Act, upon payment of the required visa fees privileged to know Rabbi Mitchell not later than 2 years after the date of enact- AFTER RECESS Wohlberg. Since 1978, he has been the ment of this Act. (b) REDUCTION OF IMMIGRANT VISA NUM- The recess having expired, the House spiritual leader of Beth Tfiloh con- was called to order by the Speaker pro BERS.—Upon the granting of permanent resi- gregation, the largest Orthodox Jewish dence to Rita Mirembe Revell (a.k.a. Mar- tempore (Mr. ISAKSON) at 10 a.m. congregation in Baltimore, the con- garet Rita Mirembe), the Secretary of State f gregation of which I am a member. shall instruct the proper officer to reduce by Let me tell the Members a little bit the appropriate number, during the current PRAYER about Rabbi Wohlberg. I have known or next following fiscal year, the total num- Rabbi Mitchell Wohlberg, Beth Tfiloh Rabbi Wohlberg for many years and ber of immigrant visas that are made avail- Congregation, Baltimore, Maryland, of- have often sought his guidance and able to natives of the country of the alien’s birth under section 203(a) of the Immigration fered the following prayer: counsel. He is a spellbinding speaker, and Nationality Act (8 U.S.C. 1153(a)) or, if I come from a tradition where Tues- and is famous for his thoughtful ser- applicable, the total number of immigrant days are considered most propitious: mons that are able to clarify com- visas that are made available to natives of weddings, moving to a new home, good plicated issues. the country of the alien’s birth under section things are to take place on Tuesday. Rabbi Wohlberg is also known for his 202(e) of such Act. It goes all the way back to the first involvement in the Jewish communal The Senate bill was ordered to be week of creation, where we note that, life. He has been a board member at read a third time, was read the third unlike other days of that first week, on The Associated Jewish Community time, and passed, and a motion to re- the second day, on Monday, the Bible Federation of Baltimore; a member of consider was laid on the table. does not tell us ‘‘and God saw that it the executive committee of the f was good,’’ while on the next day, the Rabinnical Council of America, and is a first Tuesday, two times it says, ‘‘and recipient of the humanitarian award RABON LOWRY God saw that it was good.’’ for the Louis Z. Brandeis District of The Clerk called the bill (H.R. 807) According to the Talmud, this is be- the ZOA. for the relief of Rabon Lowry of Pem- cause on the second day of the week He comes from a committed and broke, North Carolina. the waters were parted. That symbol- unique family where his father (of There being no objection, the Clerk izes the division. That is no good. On blessed memory) was and his two read the bill as follows: July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4029 H.R. 807 minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER Be it enacted by the Senate and House of Rep- marks.) PRO TEMPORE resentatives of the United States of America in Mr. FILNER. Mr. Speaker, I have say Congress assembled, The SPEAKER pro tempore. Pursu- to the President, hello. We in Cali- ant to clause 8, rule XX, the Chair an- SECTION 1. SATISFACTION OF CLAIM. fornia and the rest of the Nation are (a) IN GENERAL.—The Secretary of the nounces that he will postpone further Treasury shall pay, out of any money in the still facing an energy crisis. proceedings today on each motion to Treasury not otherwise appropriated, to Fifty-five percent of the small busi- suspend the rules on which a recorded Rabon Lowry of Pembroke, North Carolina, nesses in my community of San Diego vote or the yeas and nays are ordered, individually and as president of Pembroke face bankruptcy this year because of or on which the vote is objected to Machine Company, Inc., the sum of $1,000,000 the high prices, and yet, not one of the under clause 6 of rule XX. for damages he incurred as a result of a 105 recommendations in the President’s breach of Government Contract number Any record votes on postponed ques- energy plan deal with this situation in tions will be taken later today. DAAA09–85–C–0630 by the Department of the California and the West. Army. f (b) CONDITIONS OF PAYMENT.—The payment None of the President’s speakers sent shall be in full satisfaction of any claims out over the weekend came out West. HONORING PAUL D. COVERDELL Rabon Lowry or Pembroke Machine Com- Why not, Mr. President? We are facing Mr. HYDE. Mr. Speaker, I move to pany may have against the United States a crisis of price. Please address this suspend the rules and pass the Senate arising from Government Contract number crisis. Please institute cost-based rates bill (S. 360) to honor Paul D. Coverdell. DAAA09–85–C–0630. for electricity in California and refund The Clerk read as follows: SEC. 2. LIMITATION ON AGENTS AND ATTORNEYS the criminal overcharges that we have FEES. S. 360 It shall be unlawful for an amount that ex- been paying since last June. Be it enacted by the Senate and House of Rep- ceeds 10 percent of the sum described in sec- Mr. President, hello. We in California resentatives of the United States of America in tion 1 to be paid to or received by any agent are still suffering. Congress assembled, or attorney for any service rendered in con- SECTION 1. PEACE CORPS HEADQUARTERS. f nection with the benefits provided by this (a) IN GENERAL.—Effective on the date of Act. Any person who violates this section ANNOUNCEMENT BY THE SPEAKER enactment of this Act, the headquarters of- shall be guilty of an infraction and shall be fices of the Peace Corps, wherever situated, subject to a fine in the amount provided in PRO TEMPORE shall be referred to as the ‘‘Paul D. Coverdell title 18, United States Code. The SPEAKER pro tempore. The Peace Corps Headquarters’’. The bill was ordered to be engrossed Chair would advise the Members that (b) REFERENCES.—Any reference before the and read a third time, was read the when addressing the House, remarks date of enactment of this Act in any law, third time, and passed, and a motion to should be addressed to the Speaker, not regulation, order, document, record, or other reconsider was laid on the table. paper of the United States to the head- to a member of the Executive Branch quarters or headquarters offices of the Peace The SPEAKER pro tempore. This or a Member of the Senate. concludes the call of the Private Cal- Corps shall, on and after such date, be con- sidered to refer to the Paul D. Coverdell endar. f Peace Corps Headquarters. f ENERGY SECURITY ACT WILL SEC. 2. WORLD WISE SCHOOLS PROGRAM. APPLAUDING SNOWFLAKES ADOP- DIVERSIFY OUR SUPPLY Section 603 of the Paul D. Coverdell World TION PROGRAM FOR GIVING EM- Wise Schools Act of 2000 (title VI of Public BRYOS A CHANCE AT LIFE (Mr. GIBBONS asked and was given Law 106–570) is amended by adding at the end permission to address the House for 1 the following new subsection: (Mr. RYUN of Kansas asked and was minute and to revise and extend his re- ‘‘(c) NEW REFERENCES IN PEACE CORPS DOC- given permission to address the House marks.) UMENTS.—The Director of the Peace Corps shall ensure that any reference in any public for 1 minute and to revise and extend Mr. GIBBONS. Mr. Speaker, no one his remarks.) document, record, or other paper of the can argue and no one can deny that the Peace Corps, including any promotional ma- Mr. RYUN of Kansas. Mr. Speaker, skyrocketing oil and gas prices and the many of my colleagues have recently terial, produced on or after the date of enact- rolling blackouts throughout the West ment of this subsection, to the program de- called for Federal funding to destroy do demonstrate the critical need to in- scribed in subsection (a) be a reference to the human embryos for research. They cite crease and diversify our energy produc- ‘Paul D. Coverdell World Wise Schools Pro- the fact that stem cells obtained from tion. gram’.’’. these embryos could give life. Alternative fuels, such as wind and SEC. 3. PAUL D. COVERDELL BUILDING. They are forgetting two vital facts: solar and geothermal, can produce the (a) AWARD.—From the amount appro- One, stem cells can be acquired from energy of that future. Abundant on our priated under subsection (b) the Secretary of adults; and two, these human embryos Education shall make an award to the Uni- public lands, these resources are clean are life and deserve our care and pro- versity of Georgia to support the construc- alternatives that can be produced with tection. tion of the Paul D. Coverdell Building at the There are thousands of embryos in minimal environmental impact and no Institute of the Biomedical and Health existence, each one waiting in what emissions. Sciences at the University of Georgia. some called frozen orphanages for a In fact, every time we use these fuels, (b) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to chance at life. For them, I support al- we actually reduce emissions by mini- mizing the need to burn oil and coal to carry out this section $10,000,000 for fiscal ternatives that do not destroy them, year 2002. alternatives like Snowflake Adoption produce the same amount of energy otherwise. The SPEAKER pro tempore. Pursu- Program. ant to the rule, the gentleman from Il- Embryo adoption affirms life while Alternative energies are highly abun- linois (Mr. HYDE) and the gentleman providing a family the opportunity to dant on our public lands, especially in from California (Mr. LANTOS) each will welcome a child into their family. my home State, Nevada, which boasts control 20 minutes. Some say these human embryos can the highest amount of geothermal re- The Chair recognizes the gentleman give life, if only we could use Federal sources in the Nation. The develop- from Illinois (Mr. HYDE). funds to destroy them. ment of geothermal and other alter- We must remember that these em- native energies will provide Americans GENERAL LEAVE. bryos are already life, and I applaud with an additional clean energy supply Mr. HYDE. Mr. Speaker, I ask unani- the Snowflakes Adoption Program for that will help in lowering the prices mous consent that all Members may giving many of them a chance. and reducing our dependence on foreign have 5 legislative days within which to f sources. revise and extend their remarks on S. The Energy Security Act recognizes 360. PRESIDENT SHOULD ADDRESS the potential of alternative fuels, and The SPEAKER pro tempore. Is there ENERGY CRISIS IN CALIFORNIA provides the opportunity to finally de- objection to the request of the gen- (Mr. FILNER asked and was given velop these clean energy resources on tleman from Illinois? permission to address the House for 1 our public lands. There was no objection. H4030 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Mr. HYDE. Mr. Speaker, I yield my- Paul Coverdell, and ensures that the had watched the uprisings in Poland in self such time as I may consume. Peace Corps’ World Wise Schools pro- 1980. And, of course, it was not long Mr. Speaker, I am proud to rise today gram will carry his name, as well. after he became the head of the Peace to call up S. 360, a bill to honor the late Senator Coverdell served as Peace Corps that the walls came down. He Senator from Georgia, Paul Coverdell. Corps director from 1989 to 1991, crit- sent, through the Peace Corps, its first I believe the enactment of this legisla- ical years during which we witnessed volunteers to Bulgaria, the Czech and tion is a fitting and appropriate way to the implosion of the Soviet Union and Slovak Republics, Hungary, Poland and memorialize Senator Coverdell and his the opening up of Eastern Europe. Romania. And he also paved the way work. When the Berlin Wall came down, for the establishment of Peace Corps We were all shocked and saddened Senator Coverdell seized the oppor- programs in China and Mongolia. last July when he died so unexpectedly. tunity to move the Peace Corps into When he stepped down from the The State of Georgia lost one of its Eastern Europe to promote freedom Peace Corps, he ran for the United greatest public servants, a soft-spoken and democracy. This move not only States Senate and won. So he won four and tireless public servant who served broadened the agency’s mission, but elections that year. He came very close the people first and politics second. also increased et cetera prestige across in a primary, a primary runoff, a gen- In a public career spanning three dec- the globe. eral election, and a general election ades, from the Georgia Senate to the During his tenure as Peace Corps di- runoff. And one of the first assign- Peace Corps to the U.S. Senate, he rector, Senator Coverdell established ments he sought when he came to the served with dignity and earned the widely-acclaimed World Wise Senate was the Committee on Agri- everybody’s respect. Schools program. culture, an industry that is so impor- Mr. Speaker, this resolution has b 1015 tant to our State. three components. The bill names the He got himself involved behind the Washington headquarters of the Peace Under this program, Mr. Speaker, scenes in the Senate as a hard worker. Corps after Paul Coverdell. The legisla- Peace Corps volunteers who have re- And those of us who have known him tion reaffirms language approved at turned to the United States visit for all these years knew, he had always the end of last year to ensure that the schools to give their students impres- been a hard worker and he liked to Peace Corps World Wise Schools Pro- sions and lessons from their overseas work behind the scenes. It became part gram will carry his name, as well. service. Senator Coverdell correctly of the lore of the Senate that whenever Senator Coverdell created the pro- saw that such an effort would promote a sticky issue came up, the Senate gram during his tenure as Peace Corps cultural awareness and foster apprecia- leader TRENT LOTT would say, ‘‘Send it director. The World Wise Schools ini- tion of global connections. to Mikey.’’ There was a commercial at tiative links Peace Corps volunteers Finally, Mr. Speaker, our legislation the time saying ‘‘Mikey will do any- serving around the globe with the authorizes funds to construct the Paul thing; Mikey will eat anything.’’ But classrooms here in the United States. Coverdell Building for Biomedical and the funny part of the story was that Senator Coverdell correctly saw that Health Sciences at the University of Paul had never heard of Mikey. He just such an effort would promote cultural Georgia. Paul was a tireless supporter thought it was a neat idea he was given awareness and foster an appreciation of education in Georgia, and this build- all these challenges. for global connections. ing will be a living memorial to him He focused on education, and it was Finally, the legislation authorizes an and an unparalleled resource for the his savings accounts targeted at chil- appropriation of $10 million, to be aug- students, researchers, and educators of dren and children through high school mented by $30 million of State and pri- his State and of our Nation. that passed, along with Senator vate funds to construct the Paul D. Mr. Speaker, this is a fitting tribute TORRICELLI. They were the authors of Coverdell building for biomedical and to a great man and a good friend. I the A-Plus Accounts, or Education health sciences at the University of urge all of my colleagues to support Savings Accounts. They now allow for Georgia. this legislation. a $2,000 education savings account so Senator Coverdell was a tireless sup- Mr. Speaker, I reserve the balance of parents can set aside for public or pri- porter of education in Georgia, and this my time. vate K through 12 expenses tax free. building will be a living memorial to Mr. HYDE. Mr. Speaker, I yield 5 He was also a leader in Latin Amer- him, and an unparalleled resource for minutes to the gentleman from Geor- ican drug enforcement, authoring a the students, researchers, and edu- gia (Mr. LINDER). Federal law requiring the annual list- cators of his State and our Nation. Mr. LINDER. Mr. Speaker, I first met ing of the world’s top suspected drug I can believe there can be no more Paul Coverdell in 1972. He was one of dealers in 1999, the Foreign Narcotics fitting tribute to Senator Coverdell few Republicans in the Georgia State Kingpin Designation Act. and to all he achieved for the people of Senate, soon to become its Republican This bill is a tribute to a lifetime of Georgia and the country that he loved leader, a position he served in for 15 hard work for the people of this coun- and served until the day he died. years. try, the people of Georgia, and for his Mr. Speaker, I reserve the balance of He had come to Georgia as a teenager party, in that order. The $10 million my time. from Iowa. He then attended the Uni- authorization for the University of Mr. LANTOS. Mr. Speaker, I yield versity of Missouri, graduated with a Georgia to construct the Paul D. myself such time as I may consume. degree in journalism, and he went from Coverdell building at the Institute of Mr. Speaker, I rise in strong support there to the Army and was stationed at Biomedical and Health Sciences at the of this bill. Mr. Speaker, S. 360 honors Okinawa and Taiwan. When he re- University of Georgia is one-fourth of our former colleague, Senator Paul turned to Atlanta, he involved himself the cost of that project. Our Governor Coverdell, for his service to the coun- in a very, ultimately very, successful has committed $10 million in State try. Senator Coverdell served the citi- insurance business, the Coverdell In- matching funds, and the University of zens of the State of Georgia and the surance Company, and continued his Georgia has already arrived at the United States for over three decades as activities in politics. other $20 million privately to build this a State legislator, as Peace Corps di- In 1989, as has been said, he received living memorial, as the gentleman rector, and as United States Senator. I an appointment as the head of the from California (Mr. LANTOS) said, to a believe that this bill is a fitting and ap- Peace Corps from President George lifetime of service. propriate way to memorialize Paul Bush. I was curious as to why that was I recall waking up the morning that Coverdell’s work and service to our Na- the position he wanted, since he could I heard that Paul had died and felt that tion. have had many others. He and Presi- there was a huge hole in my life be- This legislation, introduced by the dent Bush were very close friends for cause he had been a large part of it for distinguished minority leader of the very many years. But he told me that 25 years. I am most sad that most of Senate, TRENT LOTT, has three compo- things were changing all over the America will never know how much he nents. The bill names the Washington world; that socialism and communism is missed because his work was so quiet headquarters of the Peace Corps after were going to ultimately be extinct. He and so behind the scenes. I thought July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4031 sometime ago that I cannot, over 25 hard work. Our committee shared some Mr. Speaker, I submit for the RECORD years of working with this man, think of this jurisdiction early on, and in an the following letter from the National of a single former friend of Paul’s, not effort to move this bill today, I yielded Peace Corps Association. a single one, who ever left his side in to the gentleman from Illinois to bring NATIONAL PEACE anger, because Paul was such a decent this bill up. Why? Because Paul Cover- CORPS ASSOCIATION, and gentle man. This is a fitting trib- dell was our friend. Not only was he a Washington, DC, July 17, 2001. ute to that decent and gentle man. director of the Peace Corps under Hon. BETTY MCCOLLUM, Mr. LANTOS. Mr. Speaker, I am de- President George Bush’s reign in the Longworth House Office Building, Washington, lighted to yield 5 minutes to my distin- DC. late 1980s and early 1990s, he was a re- DEAR REP. MCCOLLUM: We have just guished colleague and good friend, the spected member of the Georgia legisla- learned that you plan to address the House gentleman from Virginia (Mr. MORAN). ture. regarding House bill S–360, which includes a Mr. MORAN of Virginia. Mr. Speak- Paul was an insurance agency owner. provision to rename the Peace Corps Head- er, I hesitate to do this, and I will prob- He understood the private sector. I quarters, wherever sited, after the late Sen- ably be the only member in this body know Paul because he and I worked ator Paul Coverdell. The National Peace to do so, but I oppose this resolution. closely during my years in the Repub- Corps Association, the alumni organization of former Volunteers and staff of the Peace I am sure that Paul Coverdell was a lican leadership here in the House, far more accomplished politician than Corps with more than 13,000 members, op- with Paul representing the Republican poses that section of the bill. We believe, I will ever be and that many in this leadership in the Senate. We worked based on the reactions of former Volunteers body will ever be; but I do not consider closely in a meeting that occurred around the country, that this position re- him to be a great man, I do not con- every single week for about 4 years. I flects the view of a clear majority of former sider many people in our generation to can tell my colleagues that Paul Cover- Peace Corps Volunteers. be great, and certainly not this genera- dell was a man of great integrity, We have great respect for the late Senator Coverdell and the leadership that he pro- tion of political leaders. And that is someone who worked very hard on be- what I would like to speak to today. vided as Peace Corps Director. We note espe- half of his constituents and on behalf cially his establishment of the World Wise I think we are a self-indulgent gen- of his Members of the Senate. Not only Schools Program (now named after him), eration that operates on the assump- did he work with his Republican Mem- which brings the Peace Corps experience di- tion that the heroes in our experience bers but with his Democrat Members as rectly into classrooms here in the United are the only ones that matter. We build well. States. buildings on every piece of prime open However, it is the view of the National And when I look back through the 10 Peace Corps Association that, as the heart of space and name buildings after people years I spent in this Congress, I can in our experience rather than leave the Peace Corps is the Volunteers them- tell my colleagues that there are but selves, the headquarters should not be named their legacy to the test of time. We put few people who rise to the stature of after any single director, no matter how dis- our own spin on history. former Senator Paul Coverdell. Why? tinguished. We have been blessed with the long- Not just because he worked there, not We have no objection to the other parts of est period of sustained peace and pros- the bill. just because he worked with all his col- Thank you. perity that any generation has ever ex- leagues on both sides of the aisle, but perienced that they did not have to DANE F. SMITH, because Paul Coverdell was a man of President. struggle for, and yet we reward our- great integrity who believed strongly selves by spending our surplus and giv- Mr. Speaker, returned volunteers in the words of freedom. He understood from my Minnesota district have con- ing ourselves deep tax cuts all at the the private sector, understood the need expense of our children and grand- tacted me, and they do not want the to allow the genius of the private sec- Peace Corps headquarters named for children. We operate under the assump- tor and individuals to be all that they tion that subsequent generations will any individual. They oppose this legis- can be and stood up proudly for that lation. never have heroes as great as those in each and every day. our experience, and that is self-indul- Mr. Speaker, I am also submitting We miss Paul Coverdell here in the gence and self-deception. for the RECORD at this point the fol- halls of Congress. I rise today to sup- Specifically to the Peace Corps lowing constituent letters from the re- port this resolution to honor him as a Building, why not name it after Mrs. turned Peace Corps volunteers. man that we all can look up to, not T AUL Ruppe, who headed the Peace Corps for S . P , MN, only today but for generations to March 2, 2001. 8 years under the Reagan administra- come. I am a returned Peace Corps Volunteer tion, who for 2 years did not take a sal- (Zaire 1973–75) and wish to express my very ary because she did not feel she under- Mr. LANTOS. Mr. Speaker, I am de- strong opposition to the bill which was stood the Peace Corps well enough. lighted to yield 5 minutes to my good passed by the Senate and referred to the There are many people who deserve it, friend and distinguished colleague, the House, S. 360. RFH. This bill would name the for example Sargent Shriver, who gentlewoman from Minnesota (Ms. new Peace Corps building in Washington started it. But most importantly, all MCCOLLUM). after Senator Paul Coverdell. Senator Cover- Ms. MCCOLLUM. Mr. Speaker, today dell was a brief and undistinguished director those Peace Corps volunteers who of the Peace Corps. If the building is to be struggled and sacrificed and who made I rise to oppose S. 360, the bill sent to us from the other body, to place the named, it should be for people who made a a real difference in the lives of the poor major contribution: President Kennedy set it and oppressed around the world, what name of the late Senator Paul Cover- up, Hubert Humphrey supplied the sugges- they want is for the building to con- dell on the Peace Corps headquarters. tion, Sargent Shriver was the first and very tinue to be named the Peace Corps While I did not know Senator Cover- dynamic director, and Loret Ruppe (if they Building after the organization, the dell, my opposition to this bill is not want a Republican) was also a very dynamic mission and the volunteers, and that is intended to show any disrespect upon a and much appreciated director. I have re- ceived many communications from other as it should be. man that served our Nation with honor and dignity and proud public service. former Volunteers and the opposition to And thus, I will oppose this resolu- naming the building after Coverdell is very tion. Senator Coverdell, as the Peace strong among all I have heard from. There Mr. HYDE. Mr. Speaker, I am pleased Corps’ 11th director, and as a United are over 5,000 former volunteers in Min- to yield 3 minutes to the distinguished States Senator from Georgia, was an nesota, and about 160,000 nationwide. It gentleman from Ohio (Mr. BOEHNER). advocate for the agency, for volun- would be an insult to all of us to let the Mr. BOEHNER. Mr. Speaker, I want teers, for the value returned volunteers Peace Corps headquarters be used in this po- to thank my colleague from Illinois, contribute to our communities here at litical way. Thanks, the chairman of the Committee on home. Mr. Speaker, the National Peace ST. PAUL, MN, International Relations, for bringing Corps Association, which advocates on March 1, 2001. this bill to the floor today, and I do behalf of the agency and returned vol- Re: S. 360.RFH. think that it is certainly fitting. unteers, opposes placing the name of Happy Peace Corps Day! I also want to thank my colleagues Senator Coverdell on the Peace Corps Today is the 40th anniversary of the found- from the Georgia delegation for their headquarters. ing of the United States Peace Corps! Since H4032 CONGRESSIONAL RECORD — HOUSE July 17, 2001 then about 161,000 Americans, young and old their responsibilities in the great com- Mr. Speaker, when Paul got to the and in-between, have represented the best of mon cause of world development.’’ Georgia Senate, at that time there our country around the world, sharing their Mr. Speaker, I ask my colleagues in were only three Republicans in the expertise in helping the poorest of nations the House to respect the thousands of Georgia Senate. When I joined it in develop, and, just as important, sharing the 1984, and I was a member of the Gen- friendship of the American people. The re- former volunteers and their service to cruiting slogan of the Peace Corps ‘‘The America by not naming the Peace eral Assembly with the gentleman toughest job you’ll ever love,’’ is true—al- Corps headquarters. Please oppose S. from Georgia (Mr. ISAKSON), the gen- though full of rewards, this is not easy work! 360, and let us find another way to tleman from Georgia (Mr. LINDER) and Over 300 Peace Corps volunteers have even honor and respect the memory of the the gentleman from Georgia (Mr. COL- died while in service (mostly in auto crash- late Senator Coverdell. LINS), there were nine Republican Sen- es). Mr. HYDE. Mr. Speaker, I yield 6 ators. Paul Coverdell was the minority But I am writing you now about a proposal minutes to the gentleman from Geor- leader; and yet, despite the numerical by Senators Trent Lott and Phil Graham to gia (Mr. KINGSTON). odds against him, he never was without name the Peace Corps building in Wash- ington after the late Senator Paul Coverdell, Mr. KINGSTON. Mr. Speaker, I ideas. He played in the arena. He was a who served as Peace Corps director for bare- thank the gentleman from Illinois and force in the arena because of his ideas. ly two years in the early ’90s. This is a slap the gentleman from California (Mr. Mr. Speaker, I remember one idea he in the face of Peace Corps’ 161,000 alumni. It LANTOS) and the gentleman from Ohio had on DUI legislation. His approach, is not that Coverdell was that bad Peace (Mr. BOEHNER) for their support of this rather than just keep increasing the Corps director; it’s just that he wasn’t a dis- legislation and for moving it forward. DUI penalties, he said a lot of these re- tinguished one. And it appears that he Mr. Speaker, I am a friend of Paul peat offenders are alcoholics. Why not wasn’t even that interested in the job, using Coverdell’s family, his wife Nancy, and require an assessment and then reha- the office to campaign for his Senatorial certainly was a good friend of Mr. bilitation. That was a new idea, but seat. There are far more appropriate people to Coverdell; and I am proud to stand in that was typical of Paul Coverdell. name the building after, like JFK, who support of this. I am saddened and dis- Mr. Speaker, when he came to the founded the Peace Corps, or Sargent Shriver, turbed by those who are in opposition United States Senate and when he it’s first director, or the late Loret Ruppe, a of this legislation. I would ask, Mr. served in the Peace Corps, he was also director who was at once both warm and sup- Speaker, is there a road, is there a a man of ideas. As a Peace Corps direc- portive to the volunteers in the field, and bridge, is there a building in the United tor, he had a world vision. So many di- shrewdly effective on Capitol Hill. Or it States of America that was built by rectors prior to him used this as a po- could be named after all 161,000 of us who one person, one personality, one act of litical plum for backing the right can- served, with special attention to the 300 who didate for President, but not Paul died while serving. one man? I would say certainly there is Naming it after Coverdell would be an ex- not. Yet routinely we in this body Coverdell. treme insult to us. name roads, bridges and buildings after Mr. Speaker, he went into the most Sincerly, one person. It is symbolic. It does not difficult and remote places and coun- ———, say there was no one else involved in tries and said, ‘‘How can we help with RPCV Lesotho, 1987–90. it. It only says here was somebody who health care? Are there better farming P.S. I just heard that this bill has already was typical of the spirit of that group techniques out there? Is there a way to passed the Senate. Thus it even more critical get cleaner water? What can we do for that you try to stop it. The bill number is S. or that organization. Mr. Speaker, we cannot name every the children?’’ 360.RFH. I remember during that period of building after everybody. It is too bad Mr. Speaker, I stand here today op- time when he was director of the Peace because we know all great acts and posed to S. 360 because it places the Corps, we had a meeting at our house. great institutions have myriads play- name of one man on the Peace Corps We had all kinds of Peace Corps volun- ers. That is what we are doing today, headquarters, and it is very clear that teers there. It is interesting to hear not to slight others, but to commemo- the Peace Corps was never intended to some of the comments today. I do not rate many through naming it for one be about one person. remember any of those volunteers person. The Peace Corps is about the 7,300 being resentful of Paul Coverdell’s Mr. Speaker, I would ask my col- Americans that are currently serving leadership. They loved the fact that he leagues who are opposed to this to our Nation with pride and distinction would ask former volunteers what they abandon their pettiness and ask them in more than 77 countries. The Peace thought. Corps is about the more than 163,000 to abandon a little veiled partisanship Mr. Speaker, we were in the middle Americans, including 5,000 Minneso- that seems to be taking place. If this is of our meeting and Mr. Coverdell was tans, that have served as volunteers in their standard, it must disturb them giving a world view wrap-up, and my the most remote corners of the planet. greatly when we name the post offices little girl who was 4 years old came The Peace Corps is about all 15 direc- and buildings and roads and bridges running into the room. She had been tors and the thousands of dedicated which we routinely do under the sus- playing out in the backyard with the staff, past and present, that have sup- pension calendar. other kids, and she said, ‘‘Mom and ported volunteers abroad and returned I want to talk a little bit about Paul Dad, I fell off the slide, and I hurt my volunteers at home. And sadly, the Coverdell. I first learned about him in heinie, and all the other children are Peace Corps is also about the 300 men 1974. At that time, he was a candidate laughing at me.’’ The room full of and women that have died serving their for the Georgia Senate; and my moth- grown-ups fell silent; and all eyes went country as volunteers. er, who was urging me to look into a to the little girl who was at the foot of political career or be interested in poli- this soon-to-be U.S. Senator, a very b 1030 tics, she cut out an article from the At- dignified and somewhat sophisticated Mr. Speaker, today we are asked to lanta Constitution about a guy running man and a tad old-fashioned in his place the name of a former Peace Corps for the Senate. And this guy was doing mannerisms, to a very positive extent, director on the agency’s headquarters. something unconventional. Rather I might add, and he looked down at her Yet this administration has still not than just working the good old boys and smiled. It said it all. Everything seen fit to nominate a director to go barbecue circuit and going to the back was fine, and the little girl got herself inside and work in the Peace Corps room power brokers, he was a reformer. back together and ran back out on the headquarters to lead the agency for- He was standing by the side of the road playground with the rest of the kids. ward. and knocking on doors and going direct Mr. Speaker, that was the grace and As we celebrate the 40th anniversary to the voters, the unknown and the charm of Paul Coverdell. Here is a man of the Peace Corps this year, President unnamed and untitled voters, to say, ‘‘I with a world view but could look at a John F. Kennedy stated that the Peace am Paul Coverdell. I would like to be 4-year-old girl and say, everything is Corps, ‘‘is not designed as an instru- Georgia’s next senator. Here is what I okay. That is what made Paul Cover- ment of diplomacy or propaganda or stand for. Do you have any questions?’’ dell special. ideology conflict. It is designed to per- In 1974, that was an unconventional Mr. Speaker, when he came to Wash- mit our people to exercise more fully campaign. ington both with the Peace Corps and July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4033 as a U.S. Senator he worked for farm- this great building at the University of For those that suggest that we are self- ers and veterans. He worked for edu- Georgia. indulgent by recognizing one of our cation. He was a member of the back Mr. Speaker, I appreciate the oppor- own generation, I would simply say a rooms with the high and connected, yet tunity to commend my friend, a great generation that is without heroes or he never forgot the common person. person, Paul Coverdell. models of public service is indeed a Mr. Speaker, I am proud to support Mr. HYDE. Mr. Speaker, I yield 2 bankrupt generation. Thankfully, we this legislation, and I think those who minutes to the gentleman from Geor- have the Paul Coverdells of our day. It will study the life of Paul Coverdell gia (Mr. COLLINS). is appropriate that we take action to will also be proud to support it as well. Mr. COLLINS. Mr. Speaker, I rise in recognize him. Mr. LANTOS. Mr. Speaker, I reserve support of the authorization for funds Mr. NORWOOD. Mr. Speaker, today we ap- the balance of my time. for the Paul D. Coverdell Building at prove important legislation in honor of Paul Mr. HYDE. Mr. Speaker, I yield 2 the Institute of Biomedical and Health Coverdell, a sterling example of what a U.S. minutes to the gentleman from Geor- Sciences at the University of Georgia. Senator should be about. And this measure gia (Mr. ISAKSON). It is appropriate because this man we we pass is more than a gesture, it is legisla- Mr. ISAKSON. Mr. Speaker, I thank seek to honor, Paul Coverdell, was a tion of substsance. I believe Senator Coverdell the gentleman from Illinois (Mr. HYDE) teacher’s teacher. He led by the would be quite pleased with that fact. and I thank the gentleman from Ohio strength of his character and the We honor his memory by designating that (Mr. BOEHNER), the chairman of the strength of his ideas. He never missed Peace Corps Headquarters be named in his Committee on Education and the an opportunity to educate his col- honor. Workforce, for their hard work and the leagues, the press and the public. He We honor his legacy of achievement by ap- gentleman from Georgia (Mr. LINDER) was a hard-working, thoughtful legis- propriating funds for the completion of a state for his hard work on this bill. lator who was a leader, a good man and of the art health research center at the Univer- Mr. Speaker, this is the people’s a very good public servant. sity of Georgia, one that will provide benefits House, and I would like to answer the To me, Paul Coverdell was more than for all the people of America for generations to question asked in the limited objection a colleague. He was a true friend, a come. to this bill: Did Paul Coverdell possess mentor. Why do we so honor this man? Paul Cover- the greatness to receive this honor? Mr. Speaker, when I was first elected dell provided the kind of leadership for Geor- Mr. Speaker, if I ask any woman in to the Georgia State Senate, we walked gia, America, and the world, that will be sorely America what is great about a man, together through his neighborhood so missed. they would say one that is a man of fi- he could educate me on the difficulty Paul Coverdell was unshakable in his re- delity and lives true to his values and of serving in the Georgia State Senate solve to support the right policies for Georgia his marriage throughout his career, as one of the 11 that were mentioned and America. Yet in 6 years of serving with and Paul did that to Nancy. earlier. But that was his style. He was him in Congress, I never heard him utter an Mr. Speaker, if I ask a bureaucrat quiet, purposeful. He was a teacher, unkind word toward an opponent. what is great about an American, they someone who was more concerned He was a man of reason and principle, and would say give me a director who not about getting the job done than who provided a shining example of civility in action only talks the talk but walks the walk; received credit. in the arena of public debate. and Paul Coverdell walked Eastern Eu- Mr. Speaker, the job of a scientist or He never backed down on principle, yet he rope, he walked battlefields, he walked doctor researching medicine and health held his ground with dignity and respect for back jungles. is long, hard and painstaking. It is also the positions of those who disagreed. And he If I ask a legislator what is great- often a labor in obscurity. The fruits of never gave up. Since coming to Washington in 1993, Sen- ness, they would say someone who is research, however, can have a major ator Coverdell fought to improve the education willing to reform and stand against impact on lives today and in the fu- of America’s children. That fight continues great odds. ture. This building’s dedication to edu- today. Because of his efforts, I believe that Mr. Speaker, Paul Coverdell was the cation, to improve people’s lives and fight will eventually be won. When it is, the minority leader of the Georgia House the future of this country is why those final product will have the fingerprints of Paul when the odds politically were 11–1. He of us who knew Paul Coverdell believe passed drunk driving laws and toler- Coverdell on every page. this building is an appropriate monu- Senator Coverdell was likewise a champion ance laws that brought about reform in ment to a real patriot, Paul Coverdell. of those who have served this country in our our State, saving of lives and address- Mr. HYDE. Mr. Speaker, I have only armed forces. ing the appropriate way one should be- one further request for time. When Congress forgot the promises made have. Mr. LANTOS. Mr. Speaker, I have no to our veterans, Paul Coverdell reminded us Mr. Speaker, if I ask a man or woman further requests for time, and I yield all of those commitments. His legislation to re- in the U.S. military what is greatness, back the balance of my time. store those promises is still pending in both they would say give me a politician Mr. HYDE. Mr. Speaker, I yield 1 chambers. who served his country and risked his minute to the gentleman from Georgia In this House, 305 members have cospon- life; and Paul Coverdell served with (Mr. DEAL). sored this legislation, The Keep Our Promises distinction as an officer in the United Mr. DEAL of Georgia. Mr. Speaker, I To America’s Military Retirees Act. The finest States military. thank the gentleman for yielding me tribute we could all pay to this true statesman Mr. Speaker, in this day and time this time, and it is an honor to speak would be to pass that measure into law before when the failures of a few elected poli- on this measure before the House this session ends. Today, I recommit myself to ticians become fodder for nightly tele- today. helping make that happen. vision and coffee-table discussions, it is Mr. Speaker, exactly 20 years ago There are far too many issues to mention in appropriate that S. 360 recognizes one this month we had completed the first which Senator Coverdell played a decisive of us whose life was an example of legislative session in which I partici- role. But we do need to reflect on Paul greatness, a man who dispelled all of pated as a freshman member of the Coverdell’s public service before he became a those images some like to portray of Georgia Senate. When I arrived there, Senator, for it reflects a lifetime of public serv- us. Paul Coverdell was already entrenched ice. Mr. Speaker, Paul Coverdell did it in that body. He and I were on different He began adult life by serving America in with an articulate voice, with hard sides of the political spectrum, but I the U.S. Army in Okinawa, Korea, and the Re- work and dedication and with commit- soon learned that he was a man that public of China. ment. Personally, I am sorry we are everyone respected first for his integ- He served his State in the Georgia Senate here today for this because I wish Paul rity and, secondly, for his willingness for nearly two decades. Coverdell was alive. I wish he was right to work without regard for personal He served America and the world as Direc- here. God took him far too soon. But I gratification or recognition. tor of the Peace Corps, where his leadership am pleased we honor him with this rec- Mr. Speaker, it is appropriate that in building democracy was vital in reclaiming ognition of the Peace Corps building, we dedicate this building and this en- much of Eastern Europe from the dictatorship and I am pleased we honor him with tire enterprise to his memory today. of communism. H4034 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Paul Coverdell can no longer be with us in Peace Corps Volunteer, I am requesting that Chair’s prior announcement, further body. But the wisdom, generosity, civilty, patri- S. 360 not be brought to the House floor as proceedings on this motion will be otism, and dedication that he brought to this a non-controversial bill. I, along with what I postponed. Congress will never die. suspect is a majority of former volunteers, am We honor his memory today through enact- against the idea of naming the Peace Corps f ment of this important legislation. Headquarters after the late Senator Coverdell. But I say we should continue to honor his I have nothing against the late Senator. It’s my b 1045 life’s work by seeing his missions through— understanding that he was a good man who from giving our children a choice in education, did his best as a Senator and a Peace Corps REPORT ON H.R. 2506, FOREIGN OP- to restoring the health care of the defenders of Director. However, the Peace Corps building ERATIONS, EXPORT FINANCING, America. should not be named after any one single per- AND RELATED PROGRAMS AP- Mr. Speaker, let us pay tribute to a great son ....’’ leader, by not only passing this bill today, but In the memory of the thousands of men and PROPRIATIONS BILL, 2002 also redoubling our efforts to see all the re- women, including Paul Coverdell, who have Mr. KOLBE, from the Committee on forms of Senator Paul Coverdell enacted into served the Peace Corps, I urge my colleagues Appropriations, submitted a privileged law. to join me in opposing this legislation. report (Rept. No. 107–142) on the bill Mr. SHOWS. Mr. Speaker, I rise today in Mr. BARR of Georgia. Mr. Speaker, today (H.R. 2506) making appropriations for support of S. 360, which honors the memory we honor Senator Paul D. Coverdell for a life- Foreign Operations, Export Financing, of our esteemed colleague, Paul Coverdell. time of service to the people of Georgia and and Related Programs, and for sundry As a respected Member of the U.S. Senate this country. S. 360 dedicates the U.S. Peace independent agencies and corporations and leader of the Peace Corps, Paul Corps Volunteers Headquarters, the World for the fiscal year ending September 30, Coverdell’s devotion to public service knew no Wise Schools Programs, and a yet to be con- 2002, and for other purposes, which was partisan bounds. It is fitting that we consider a structed building at the University of Georgia, referred to the Union Calendar and or- measure honoring him. to this outstanding public servant. Paul Cover- dered to be printed. But rather than having buildings named after dell was an honorable man and this is the The SPEAKER pro tempore (Mr. him, I believe a more fitting tribute would be least we can do for someone who gave so ISAKSON). Under clause 1 of rule XXI, to finish the work he helped start, to restore much of his life to serving the community and all points of order are reserved. health care to America’s military retirees. the nation. Paul Coverdell was one of the four original Known for his unfailing work ethic, the Sen- f sponsors of The Keep Our Promise to Amer- ator was not one to let grass grow under his ica’s Military Retirees Act. Along with Senator feet. A veteran of the U.S. Army and the MAKING IN ORDER ON JULY 18, TIM JOHNSON, Congressman CHARLIE NOR- Peace Corps, Senator Coverdell was elected 2001, OR ANY DAY THEREAFTER, WOOD and myself, Senator Coverdell intro- to Georgia State Senate in 1970 where he CONSIDERATION OF H.J. RES. 50, duced the bill that is largely credited with giv- served as minority leader for 15 years. He AUTHORIZING EXTENSION OF ing rise to Tricare for Life. was then appointed director of the U.S. Peace NONDISCRIMINATORY TREAT- TFL will go a long way to restoring earned Corps Volunteers in 1989, a position from MENT (NORMAL TRADE RELA- health care to many elderly military retirees, which he initiated the World Wise Schools TIONS TREATMENT) TO PEO- but we need to keep our promise to all military Programs, pairing students with Corps volun- PLE’S REPUBLIC OF CHINA retirees. teers, to give them a personal experience TFL does not help military retirees who serving the world’s less fortunate. It is only fit- Mr. LINDER. Mr. Speaker, I ask don’t qualify for Medicare and don’t have ac- ting we rename the Peace Corps Volunteers unanimous consent that it be in order cess to quality care at military bases. We Headquarters Building and the World Wise at any time on July 18, 2001, or any day need to keep our promise to them. Schools Programs, in his honor. thereafter, to consider in the House the And retirees who entered the service prior Deeply concerned with education policy, joint resolution (H.J. Res. 50) dis- to 1956 actually had heath care benefits taken Senator Coverdell chaired the Senate Repub- approving the extension of the waiver away from them. We need to keep our prom- lican Task Force on Education, in addition to authority contained in section 402(c) of ise to them, too. That is what Paul Coverdell drafting legislation to create Education Sav- the Trade Act of 1974 with respect to wanted and that is what we should do. ings Accounts. He was also a strong pro- the People’s Republic of China; Paul Coverdell would prefer a legacy of ponent of drug policy reform—he defended the That the joint resolution be consid- helping restore health care to people who decision to continue U.S. support for the fight ered as read for amendment; need it, who earned it and were promised it. of the Colombian drug trade; and he authored That all points of order against the We should honor the memory of our late the 1999 Foreign Kingpin Designation Act. joint resolution and against its consid- colleague by passing the Keep Our Promise to I am proud to have served with my fellow eration be waived; America’s Military Retirees Act. Georgian, Senator Paul D. Coverdell. Though That the joint resolution be debat- Mr. LEVIN. Mr. Speaker, I rise in respectful we can never replace him, he will not be for- able for 2 hours equally divided and opposition to S. 360. Let me make it clear that gotten. On this day, I ask my colleagues to re- controlled by the chairman of the Com- my opposition to this measure is in no way, member him as a man of principle and convic- mittee on Ways and Means (in opposi- shape or form a reflection on Senator Paul tion, and offer S. 360 as a small token of our tion to the joint resolution) and a Coverdell or his memory. Paul Coverdell was appreciation for his life and legacy. Member in support of the joint resolu- an able Senator and dedicated public servant. Mr. HYDE. Mr. Speaker, I have no tion; He deserves to be honored by the Congress further requests for time, and I yield That pursuant to sections 152 and 153 of the United States; indeed, we did so last back the balance of my time. of the Trade Act of 1974, the previous year when we passed the Paul Coverdell Na- The SPEAKER pro tempore (Mr. question be considered as ordered on tional Forensic Sciences Improvement Act. ISAKSON). The question is on the mo- the joint resolution to final passage This was a fitting tribute as Senator Coverdell tion offered by the gentleman from Illi- without intervening motion; and made the improvement of forensic science nois (Mr. HYDE) that the House suspend That the provisions of section 152 and services one of his highest priorities. the rules and pass the Senate bill, S. 153 of the Trade Act of 1974 shall not The Congress frequently names buildings, 360. otherwise apply to any joint resolution post offices and bridges after individuals. The The question was taken. disapproving the extension of the waiv- Peace Corps is different. This organization is The SPEAKER pro tempore. In the er authority contained in section 402(c) the work of thousands of dedicated men and opinion of the Chair, two-thirds of of the Trade Act of 1974 with respect to women who volunteer to serve in the most re- those present have voted in the affirm- the People’s Republic of China for the mote corners of our planet. The Peace Corps ative. remainder of the first session of the is the sum of their efforts, not the work of any Ms. MCCOLLUM. Mr. Speaker, on 107th Congress. individual. that I demand the yeas and nays. The SPEAKER pro tempore. Is there I received a letter on this subject from one The yeas and nays were ordered. objection to the request of the gen- of my constituents who was himself a Peace The SPEAKER pro tempore. Pursu- tleman from Georgia? Corps volunteer. He writes, ‘‘As a former ant to clause 8 of rule XX and the There was no objection. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4035 PROVIDING FOR CONSIDERATION Americans have fought and died for not just for the liberation of Europe OF H.J. RES. 36, CONSTITU- this country, and they look to the flag but in defense of an idea: democracy, TIONAL AMENDMENT AUTHOR- as the embodiment of our country’s and all that it stands for. What democ- IZING CONGRESS TO PROHIBIT values. racy stands for is forever enshrined in PHYSICAL DESECRATION OF THE Two reasons for supporting this our Constitution. These men and FLAG OF THE UNITED STATES measure come to mind as we consider women who died for an idea, and the Mr. LINDER. Mr. Speaker, by direc- this legislation: first, from a logical patriots who came before and after tion of the Committee on Rules, I call standpoint, if we prohibit the destruc- them, understand that idea. up House Resolution 189 and ask for its tion of U.S. currency by law, then sure- I brought back these two flags, this immediate consideration. ly protecting our symbol of freedom one especially, the American flag. The The Clerk read the resolution, as fol- and democracy is just as important. other is the flag of France. I hold it lows: The second reason is a more powerful here to remind myself of what others H. RES. 189 one. Many Members believe it is the gave so that I may be here today in Resolved, That upon the adoption of this duty of Congress to protect the integ- this country which protects individual resolution it shall be in order to consider in rity of our heritage from individuals rights and liberties more than any the House the joint resolution (H.J. Res. 36) who disrespect this country. other country in the world. Under- proposing an amendment to the Constitution It is in the best interests of the stand, though, this flag itself has little of the United States authorizing the Con- American people to pass this legisla- inherent value. It is cloth attached to gress to prohibit the physical desecration of tion, and I wholeheartedly support it. a piece of wood. The value of this cloth the flag of the United States. The joint reso- In fact, I am an original cosponsor of is in the messages that it conveys and lution shall be considered as read for amend- H.J. Res. 36. the country that it stands for and the ment. The previous question shall be consid- Mr. Speaker, I reserve the balance of ered as ordered on the joint resolution and people who have fought and died to any amendment thereto to final passage my time. keep this flag and others like it flying without intervening motion except: (1) two Mr. HASTINGS of Florida. Mr. high and free. Those men who died hours of debate equally divided and con- Speaker, I yield myself such time as I storming Omaha and Utah Beaches did trolled by the chairman and ranking minor- may consume. not fight for a flag; they fought for the ity member of the Committee on the Judici- First, Mr. Speaker, let me thank the idea that our flag represents. This ary; (2) an amendment in the nature of a sub- gentleman for yielding me this time. It amendment, in my view, would dimin- stitute, if offered by Representative Conyers is a pleasure to serve on the Committee ish what those brave men and women of Michigan or his designee, which shall be on Rules with the gentleman from considered as read and shall be separately fought and died for. debatable for one hour equally divided and Georgia (Mr. LINDER). The last time Congress debated a controlled by the proponent and an oppo- Mr. Speaker, I rise in strong opposi- similar bill, retired four-star general nent; and (3) one motion to recommit with or tion to House Joint Resolution 36. I and current Secretary of State Colin without instructions. firmly believe that passing this con- Powell said that he would not support The SPEAKER pro tempore. The gen- stitutional amendment would abandon amending the Constitution to protect tleman from Georgia (Mr. LINDER) is the very values and principles upon the flag. In fact, General Powell said, recognized for 1 hour. which this country was founded. ‘‘I would not amend that great shield Mr. LINDER. Mr. Speaker, for the Make no mistake, I deplore the dese- of democracy to hammer a few mis- purpose of debate only, I yield the cus- cration of the flag. The flag is a symbol creants. The flag will be flying proudly tomary 30 minutes to the gentleman of our country and a reminder of our long after they have slunk away.’’ from Florida (Mr. HASTINGS), pending great heritage. I find it unfortunate We are too secure as a Nation to risk which I yield myself such time as I and repugnant that a few individuals our commitment to freedom by endeav- may consume. During consideration of choose to desecrate that which we hold oring to legislate patriotism. If we this resolution, all time yielded is for so dear. However, it is because of my tamper with our Constitution because the purpose of debate only. love for the flag and the country for of the antics of a handful of thought- Mr. Speaker, House Resolution 189 is which it stands that, unfortunately, I less and obnoxious people, we will have a modified closed rule providing for the have no choice but to oppose this well- reduced the flag as a symbol of free- consideration of a constitutional intentioned yet misguided, in my view, dom, not enhanced it. amendment which would authorize legislation. Mr. Speaker, I reserve the balance of Congress to ban the physical desecra- Our country was founded on certain my time. tion of the American flag. principles. Chief among these prin- Mr. LINDER. Mr. Speaker, I am H. Res. 189 provides for 2 hours of de- ciples is freedom of speech and expres- pleased to yield 3 minutes to the gen- bate in the House of Representatives, sion. These freedoms were included in tleman from Ohio (Mr. CHABOT). equally divided and controlled by the the Bill of Rights because the Found- Mr. CHABOT. Mr. Speaker, I thank chairman and ranking minority mem- ing Fathers took deliberate steps to the gentleman for yielding me this ber of the Committee on the Judiciary. avoid creating a country in which indi- time, and I rise in support of the rule. Upon the adoption of this rule, H.J. viduals’ civil liberties could be The American flag serves a unique role Res. 36 is made in order and considered abridged by the Government. Yet that as the symbol of the ideals upon which as read. The rule also makes in order a is exactly what this amendment would America was founded. It is a national substitute amendment if offered by the do. It begins a dangerous trend in asset that helps to preserve our unity, gentleman from Michigan (Mr. CON- which the Government can decide our freedom, and our liberty as Ameri- YERS) or his designee, which shall be which ideas are legal and which must cans. This symbol represents our coun- separately debatable for 1 hour, equally be suppressed. try’s many hard-won freedoms paid for divided between a proponent and an op- Ultimately, we must remember that with the lives of thousands and thou- ponent. All points of order are waived it is not simply the flag we honor but, sands of young men and women over against this amendment. rather, the principles it embodies. To this Nation’s history. For years, 48 Finally, the rule provides for one mo- restrict people’s means of expression States and the District of Columbia en- tion to recommit, with or without in- would do nothing but abandon those forced laws prohibiting the physical structions, as is the right of the minor- principles, and to destroy these prin- desecration of the American flag. In ity. ciples would be a far greater travesty the 1989 Texas v. Johnson ruling, the Mr. Speaker, this rule would allow than to destroy its symbol. Indeed, it United States Supreme Court in a 5–4 Congress to debate legislation that pro- would render the symbol meaningless. vote overthrew what until then had tects our American heritage by pro- Earlier this month, Mr. Speaker, I been settled law and ruled that flag tecting one of our most important was with a group of 15 Members of Con- desecration as a means of public pro- symbols, our flag. Most Americans gress who were visiting the American test is an act of free expression pro- look to the flag as a symbol of our cemetery in Normandy, France. There tected by the first amendment to the unity, our sovereignty and our democ- we saw the graves of more than 9,000 U.S. Constitution. A year later, essen- racy. Throughout the years, millions of men and women who gave their lives tially reiterating its Johnson ruling, H4036 CONGRESSIONAL RECORD — HOUSE July 17, 2001 the court in U.S. v. Eichman, another ancing of interests between the flag and the fort and ingenuity of those who worked so 5–4 ruling, by the way, struck down a rights of individuals. On two separate occa- hard to make the test a success: Now, there- Federal statute prohibiting the phys- sions the right of individuals to speak has fore, be it Resolved, That the House of Representa- ical desecration of the flag despite the won. tives thanks and commends the thousands of court’s own conclusion that the statute Instead of honoring the decisions of the United States military and Government per- was content-neutral. Court, and thereby respecting the separation sonnel, contractors, engineers, scientists, In the years since these two rulings of powers within the federal government, the and workers who worked diligently to make were handed down, 49 States have House leadership instead chose to play poli- the July 14, 2001, missile defense intercept passed resolutions calling upon this tics with the law. On this day we begin sub- test a success. Congress to pass a flag protection jecting legal opinions to the whims of the leg- The SPEAKER pro tempore. Pursu- amendment and send it back to the islative branch in a new and chilling way. Any ant to the rule, the gentleman from States for ratification. Although a con- coalition with close enough ties to the majority California (Mr. HUNTER) and the gen- stitutional amendment should be ap- might hope to see their pet project ratified as tleman from South Carolina (Mr. proached only after much reflection, an amendment to our Constitution. SPRATT) each will control 20 minutes. the U.S. Supreme Court’s conclusions Mr. Speaker, not only this resolution, but The Chair recognizes the gentleman in the Johnson and the Eichman cases also this very debate cast a long shadow over from California (Mr. HUNTER). have left the American people with no our long history of separation of powers. I con- Mr. HUNTER. Mr. Speaker, I yield other alternative but to amend the tend it is our rights as citizens and our legal myself such time as I may consume. Mr. Speaker, Americans sometimes Constitution to provide Congress the system that suffer. I oppose this rule. do great things. At 11:09 p.m. Eastern authority to prohibit the physical dese- Mr. HASTINGS of Florida. Mr. Standard Time last Saturday, the work cration of the American flag. The Speaker, I yield back the balance of of some 35,000 Americans, including amendment enjoys strong support my time. service personnel from the Air Force, throughout the Nation, indicating that Mr. LINDER. Mr. Speaker, I yield the Navy, the Coast Guard, and the it will likely be adopted by the States back the balance of my time, and I Army combined to produce a wondrous should this Congress approve the lan- move the previous question on the res- success in our missile defense testing guage. olution. program. I urge my colleagues to approve this The previous question was ordered. rule and move to full debate and pass The resolution was agreed to. b 1100 H.J. Res. 36. A motion to reconsider was laid on It was extraordinary, Mr. Speaker. Ms. JACKSON-LEE of Texas. Mr. Speaker. the table. We had an interceptor that was I rise in opposition to the rule. f launched from Vanderbilt Air Force Mr. Speaker, this rule allows the well-settled Base in California, heading west, law of this nation to be called into question at COMMENDING MILITARY AND DE- achieving a speed of some 11,000 feet the whim of special interest groups who dis- FENSE CONTRACTOR PERSONNEL per second, or more than three times agree with the value we Americans place on RESPONSIBLE FOR SUCCESSFUL faster than a high powered rifle bullet; freedom of speech. By allowing this debate to BALLISTIC MISSILE TEST and an interceptor was launched from occur, the leadership has signaled its intention Mr. HUNTER. Mr. Speaker, I move to Kwajalein Island, also achieving a to favor its ideological companions without re- suspend the rules and agree to the reso- speed of close to 11,000 feet per second, gard for legal precedent or constitutional mus- lution (H. Res. 195) commending the also going much faster than a rifle bul- ter. United States military and defense let; and at 11:09 eastern time that in- In 1989 the Supreme Court was faced with contractor personnel responsible for a terceptor successfully hit the target a difficult balancing test. Texas v. Johnson, successful in-flight ballistic missile de- vehicle and destroyed it 148 miles 491 U.S. 397, forced the court to examine fense interceptor test on July 14, 2001, above the Earth over the Western Pa- whether the interests of this nation in pro- and for other purposes. cific. tecting the symbol of its freedom are out- The Clerk read as follows: Mr. Speaker, I think Americans need weighed by the individual freedoms of its citi- to draw a number of conclusions from H. RES. 195 zens. The Court did not shy away from this di- this very successful test. First, it is ab- lemma, holding that the government cannot Whereas at 11:09 p.m., eastern daylight solutely appropriate that we in the time on July 14, 2001, the United States suc- prohibit the expression of an idea society finds cessfully tested an interceptor missile House of Representatives commend all offensive, and that not even the flag is recog- against a target Minuteman intercontinental the great people who worked on this nized as an exception to this principle. ballistic missile in flight; program, and we intend to do that Following this rights-affirming decision, Con- Whereas the target missile was launched fully. Of course, the Army developed gress passed the ‘‘Flag Protection Act of from Vandenburg Air Force Base, California, the radar and the kill vehicle working 1989,’’ which attempted to criminalize the con- and was traveling at approximately 140 miles from their missile defense head- duct of those who might use the flag for free above the Earth at a speed of greater than quarters in Huntsville, Alabama. The speech purposes. The next session the Su- 11,000 feet per second, which is more than Air Force in this case launched the three times faster than a high-powered rifle Minuteman missile, which was the tar- preme Court invalidated this law on the same bullet, when struck by the interceptor mis- grounds it ruled on during its previous session. sile; get missile, from Vanderbilt Air Force The Court held that attempting to preserve the Whereas the interceptor missile was also Base. We had Navy and Coast Guard physical integrity of the flag is only related to traveling at a speed greater than 11,000 feet monitoring and providing security in the flag as an article of speech or conduct in per second at the time of impact; the Pacific. So we had thousands and United States v. Eichman, 496 U.S. 310 Whereas more than 35,000 Americans con- thousands of men and women in uni- (1990). tributed to the successful test, including the form supporting these tests, all the Now, Mr. Speaker, over ten years later, Air Force team which launched the target way from folks who were doing basic Congress is again attempting to impermissibly missile from Vandenburg Air Force Base and security work to folks who were doing the Army team which developed the radar affect the ability of citizens to speak freely by and kill vehicle, the Navy and Coast Guard some very high-level physics work. taking the normously grave step of amending team which provided security for the test, Along with that, we had lots of the Constitution of the United States. Sup- the Ballistic Missile Defense Organization Americans, scientists, engineers, blue- porters of this amendment argue that the step team which supervised the testing program, collar workers, some working for major is warranted considering the Supreme Court’s and the contractor team consisting of thou- contractors and others working for opinion on the flag; I contend the Supreme sands of American scientists, engineers, and small business. One thing we have Court’s opinion requires my opposition to this blue collar workers employed by the prime learned in this missile defense business rule. contractors and hundreds of small busi- is that the innovators, sometimes the nesses; and smartest guys, are in the companies Mr. Speaker, it has almost become cliche to Whereas the House of Representatives un- point out that we are a nation of laws, not per- derstands that testing of ballistic missile de- with 20, 30, 40, 50 people, and all of sons. However, in this circumstance, that is fenses will involve many failures as well as these people combined to produce a exactly my point. The Supreme Court has spo- successes in the future, the House of Rep- success that was stupendous. It was re- ken in an unambiguous way about the bal- resentatives nonetheless commends the ef- markable. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4037 The idea that people, you could raise Indeed, if we have learned anything tion system. They in effect brought the two high-powered rifles, so to speak, since March 23, 1983, when Mr. Reagan technology to the point where it could farther apart than Los Angeles and made his speech and proposed what be- be tested Saturday night and proven to New York, and shoot at a point toward came the Strategic Defense Initiative, work at least in those circumstances. the center of the country, and those it is that missile defense is not likely, Mr. Speaker, when the test was con- two high-powered rifle bullets would unfortunately, to make nuclear weap- cluded, General Kadish, who is doing a hit precisely together at a point over ons impotent and obsolete. It may en- commendable job as the manager of the Midwest, is an extraordinary thing. hance deterrence, but it is unlikely to this program, a very practical, prag- It is something that many people replace deterrence. That is a funda- matic man, told everybody there, all thought was impossible. mental point. the press there, when they asked him So I think it is entirely appropriate Nevertheless, I think enhancing de- what should we deduce from the suc- for the full House, on both sides of the terrence is a worthy goal. I think that cess we just had, he said if you just aisle, regardless of what your position if we can prove through testing, like lower the level a little bit and let us is on the ABM treaty or missile de- the tests that we held Saturday night, proceed in a rigorous disinterested fense, to commend the wondrous ef- rigorous testing, that gets more and way, let us not get too excited about forts of the men and women of our uni- more demanding and challenging with this thing, let us do our work, we think formed services, and also all the folks each test, that eventually takes on we can prove to you that we have got working in business to make this thing countermeasures as well, if we can something worthy of deploying. work, all the contractor personnel who prove after this kind of rigorous test- I think it is very, very fitting and made it go. ing that we have a system worthy of very, very appropriate for us to rise Secondly, I think we have to ac- deploying, that will give us limited today to commend the thousands of knowledge we have got a long road protection against the kind of threat I people who have made this a success. ahead in this program. As our resolu- just described, it is worth deploying; While we are at it, I think we might tion states, we are going to have lots of and I think it is worth observing what commend a lot of other people in the successes; we are going to have lots of was accomplished Saturday night, be- so-called military-industrial complex, failures. I am reminded that with Pola- cause it moves us in that direction. which is what we call them when we ris, the Polaris tests numbered over Let me emphasize that testing is are usually disappointed, when we are 120, and it failed more than 50 percent critical. I have been a long-time sup- usually confounded by the bills they of the time. The first time we put up porter of that. We do not want to fool present us, when we are usually sus- surveillance satellite capability, our ourselves into thinking that we have picious of what they are up to. first 11 launches failed before we suc- got a system that can take on this When they succeed like Saturday ceeded. Yet that was a very important daunting challenge when, in fact, it night, we call them the arsenal of capability to achieve. can easily be overcome or is not capa- America. There are a lot of people out So you have to have lots of failures. ble of what it is touted to be. We do not there are working in the arsenal of In fact, if you test rigorously, if you want to fool ourselves by deploying America making the F–22 meet its test make these tests as difficult as you some kind of scarecrow system. every day. There are a lot of them possibly can, while still learning a lot, We associate ballistic missile defense working in other programs, like the you are going to have failures. I think with Mr. Reagan’s speech on March 23, THAAD, which was almost discarded. we will have failures in the future, just 1983; but in truth both administrations, We gave it some extra money and an- as we are going to have failures with the Clinton administration, the Reagan other chance. They went out and made our other theater missile defense sys- administration, the Bush administra- it work. They have just brought to fru- tems. But, nonetheless, Mr. Speaker, tion, going all the way back to Lyndon ition the PAC–3. we have proven that not only can you Baines Johnson in 1967, have supported So there are successes, and we should hit a bullet with a bullet, but you can missile defense in one form or another. commend them for their enormous hit something going three times as fast Indeed, the safeguard system origi- technological capability, their perse- as a bullet with an interceptor going nated in 1967 with President Johnson’s verance and ability that brought us three times as fast as a bullet, and that administration. It was taken to the this far. I hope that this sort of bipar- is truly extraordinary. Mr. Speaker, this is a good day for point that it was deployed. The Spar- tisan occasion today is an example of America. It is a great milestone in this tan system failed a number of times. how we can treat ballistic missile de- missile defense program that we have. No one felt that it was a complete and fense in the future. It has been a polit- We have a lot of hard work ahead. We good defense system; and after spend- ical totem, frankly. I would like to see have got lots of challenges, these tests ing what would amount in today’s it treated like any other weapons sys- will get tougher and tougher; and in money of about $20 billion, we aban- tem, the F–22, the C–17, you name it. If the future, of course, we will have fail- doned the system in North Dakota. it meets the mettle, we go forward ures as well as successes. We kept spending money on ballistic with it; but it if it does not, it should Mr. Speaker, I reserve the balance of missile defense in Democratic and Re- be held to the same standards, truly my time. publican administrations. There were with the same sort of rational exam- Mr. SPRATT. Mr. Speaker, I yield systems that have long been forgotten, ination and expectation we would any myself such time as I may consume. like the BAMBI, which was a boost- military system. Mr. Speaker, I am glad to join the phase interceptor, which was aban- Mr. Speaker, I reserve the balance of gentleman from California (Mr. doned because it could not be proven to my time. HUNTER) in support of this bill, as a co- be invulnerable to counterattacks in Mr. HUNTER. Mr. Speaker, I yield 2 sponsor of the bill, as well as the floor fixed orbits in space. minutes to the gentleman from Ohio manager for the bill on our side of the Indeed, the path to Saturday night is (Mr. TRAFICANT). aisle. littered with systems that simply Mr. TRAFICANT. Mr. Speaker, lead- The road to Saturday’s successful could not meet the mettle. We have ers of China and Russia have just intercept has been long and arduous; spent a lot of money, $60 billion since kissed, signed an agreement, and re- and we have miles to go before we can 1983, to get where we have gotten; but ferred to Uncle Sam as an imperialist. say we have gotten there, even gotten we have had some successes, and I China got our secrets from spies and to the point where we have what we think it is right to take some time from buying, with the help of Janet call a limited defense system capable aside to savor those success. Reno. Russia got them from the FBI of defending us against rogue missile I think the gentleman from Cali- and Robert Hanssen. All of our enemies attacks, simple rogue missile attacks, fornia (Mr. HUNTER) would agree we know our technology. or perhaps unauthorized or accidental should not forget that this was not the I was not an original supporter of the strike. We have a long way to go, and first intercept with this system. In- Star Wars initiative, but I am now. we should not let the euphoria of this deed, the first intercept occurred 2 America cannot be defended by the moment obscure that fundamental years ago under the Clinton adminis- neighborhood crime watch. When they fact. tration. This was a Clinton administra- took our spy plane, I do not know what H4038 CONGRESSIONAL RECORD — HOUSE July 17, 2001 the big crisis was; China made every- b 1115 time with ballistic missiles fired by thing that was in it. Why are we out here whipping up the Saddam Hussein, we realize that we We have got a tremendous problem public to believe this is a good idea? live now not in the age of air power but on our hands, and the only way to pro- I am going to vote against the resolu- in the age of missiles. When we look at tect the American people is to continue tion; not against the people, but the array of military systems across with our technology buildup to provide against the purpose of it. the board that we have, and the gen- a reasonable shield. Mr. HUNTER. Mr. Speaker, I yield tleman from South Carolina and I work This test, and I commend all of those myself such time as I may consume. on a daily basis with lots of other great involved, gives us hope for the begin- I think one aspect of this resolution Democrat and Republican members of ning of an initiative started by former that the gentleman from South Caro- the Committee on Armed Services, we President Reagan, and I commend him lina (Mr. SPRATT) and I have coau- know that we build systems to stop here today. He had the vision and the thored is that it does not speak to the ships. We build systems to detect sub- foresight to see that America would be politics of missile defense or the ABM marines. We build systems to handle challenged by maybe even rogue na- Treaty or the relationship of the So- tactical aircraft, fighter aircraft. We tions with nuclear capability that was viet Union and the United States. What build systems to take down bombers. illegally gained from America. it does speak to is a technological chal- We build systems to handle and that Beam me up here. lenge that we gave lots of people, many can handle capably just about every I want to join the gentleman from of whom make great sacrifices to work type of offensive weapon that an enemy California (Mr. HUNTER) in saluting all in the uniform of the United States or could throw at us, except one. of those involved, and recommend to who go to work everyday in various So the one question I have always the Congress of the United States that places around this country, working ei- asked the Secretary of Defense when he we go forward and continue to fund ther for the government or for private appears before myself and the other this initiative. Our number one pri- business, whether they are physicists members of the Committee on Armed ority is national security, and we Services is: Could you today, could you should get that job done. or engineers or blue collar workers, Mr. SPRATT. Mr. Speaker, I yield 2 working on a program that I would today stop a single incoming ICBM, minutes to the gentleman from Wash- state again is monumental in its suc- Intercontinental Ballistic Missile, coming into an American city? And the ington (Mr. MCDERMOTT). cess. Mr. MCDERMOTT. Mr. Speaker, I Once again, both of these systems answer always is, whether it is a Demo- thank the gentleman from South Caro- were going three times faster than a crat or Republican administration: No; lina for yielding me time. high-powered rifle bullet, and they col- today we cannot do that. Mr. Speaker, apparently I am the lided 148 miles above the earth, some Well, that is what we are working to- only person who is going to come out 4,800 miles off into the Pacific, an ex- ward, Democrats and Republicans, peo- here and raise a question. Everybody traordinary thing. It is like having ple in uniform and people out of uni- who has watched the military indus- somebody stand in San Diego with a form, is to achieve that capability. trial complex develop weapons systems high-powered rifle shooting to the cen- I think that it is very important for must be amazed that the day after ter of the country and somebody stand- us to understand, and the reason the something happens in the Pacific, we ing in New York doing the same thing, gentleman from South Carolina (Mr. run out on the floor in this virtual re- except the high-powered rifles really SPRATT) and I put this language in, ac- ality Congress to make a PR event, went three times as fast as an ordinary knowledging that there are going to be which will be in the newspapers, as high-powered rifle, and having those failures in this testing program as well though we have succeeded. Now we little bullets collide in midair. as successes and the difficulty of this must put out $60 billion or $100 billion. Now, I think that is an extraordinary program. We are going to have decoys. If you listen carefully to the words of thing. Indeed, it is something that a That is, when the offensive missile puts the gentleman from South Carolina lot of critics of this system said was its warhead, projects its warhead off of (Mr. SPRATT), this thing has failed over impossible: hitting a bullet with a bul- the booster system, it is going to have and over again. This is only the second let. But I think if we look at the reso- perhaps decoys that would attract the time out of four, in a system where you lution that the gentleman from South interceptor missile; and the interceptor put the problem out there and you Carolina (Mr. SPRATT) and I have co- missile would end up hitting decoys, have the answer, and you shoot at it, sponsored, it does not say that this is not being able to discriminate between and two out of four times you have the end of the line and that somehow a decoy and a real warhead. We have to missed. we have now achieved absolute defense work that problem. We have to be able Now, how can anybody be excited against incoming ballistic missiles. to handle that problem. about a system like that? If I know What it does say, and I quote: ‘‘The We are going to have, in some cases, what the pitcher is going to throw and House of Representatives understands perhaps evasive maneuvers. We are I stand here, I am going to hit it. Ev- that testing of ballistic missile de- going to have lots of problems. We are erybody knows that. That is why they fenses will involve many failures as going to have in some cases multiple hide the pitcher’s signals between the well as successes in the future. The shots; that is, a number of warheads catcher’s legs. They do not want people House of Representatives, nonetheless, coming in that we have to handle at to know at bat what the pitcher is commends the effort and ingenuity of one time. We may have to handle the going to throw. But here we have this those who worked so hard to make the effects of a nuclear burst at some system, right here and right here, and test a success.’’ point. twice we missed it; and we are out here Mr. Speaker, when Billy Mitchell On the other hand, Mr. Speaker, the congratulating. came back to the Coolidge administra- alternative is for us to do nothing. The I do not say anything about the em- tion in the 1920s, one of his messages old saying is, ‘‘You don’t do anything ployees. Boeing has worked on all was that we had entered the age of air until you can do everything, so you do kinds of these programs, but we never power, whether Americans liked it or nothing;’’ and I think that is an inap- came out and congratulated them the not. He recommended to a then Repub- propriate position for the United first time they succeeded. This is sim- lican administration that they spend a States to take. If we do not try to build ply to build up a momentum in this so- lot of money developing air power. a defense and do not try to develop this ciety for a system which, as the gen- Well, we had a number of budget hawks interception capability, this will be the tleman from Ohio (Mr. TRAFICANT) who did not want to do that, and we did first time in this century that the says, is driving the Chinese and the not do as much as we should have. As United States has looked at a weapon, Russians together. a result of that, we were not as ready at an offensive weapon, and decided To put this system up, we have to as we should have been for World War that they are not going to try to learn tear up the ABM treaty. The Russians II. how to defend against it. I think that have said do not do it; it has kept Well, today, Mr. Speaker, and par- would be a mistake. peace for 50 years. The Chinese have ticularly since the Gulf War when Mr. Speaker, I reserve the balance of said do not do it. Americans were killed for the first my time. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4039 Mr. SPRATT. Mr. Speaker, I yield compelled to vote every time a major fort that went into this test, over 35,000 myself such time as I may consume. weapons system passes a milestone? people in the uniformed services and Let me just take a minute to com- The F–22, for example. Why not pass a out participating; and if this was a ment on the legislative history of this resolution every time a community space shot, if this was an exploratory resolution. gets a COPS grant or a housing grant? shot into space involving the Chal- I first learned of this resolution when My third objection is substance. Gen- lenger or some other aspect of what I I got a call yesterday afternoon from eral Kadish, in the post-test briefing, would call domestic space exploration, the gentleman from California (Mr. cautioned that scientists could need this test would have been given great HUNTER) on the golf course. He had his months to finish analyzing the test re- publicity and great kudos by the media staff busy at work on this, and he sults: ‘‘We do not know for certain that and the United States. I would remind wanted to send me a copy of it. Over every objective was met,’’ he said. ‘‘In my colleagues, these folks in the uni- the evening, we proposed a number of all probability, some of them were formed services who work on missile changes to the preamble and to the re- not.’’ I believe it is irresponsible to put defense work just as hard, put in just solving clause. The gentleman from the House on record before there has as many hours and are just as inge- California (Mr. HUNTER), to his credit, been a full analysis. nious as the folks that work on domes- acknowledged our purpose, which was Now, the gentleman from Pennsyl- tic space exploration. to confine this resolution to the pur- vania (Mr. WELDON) on the Republican I thought it was absolutely fitting, pose at hand; that is, commending side, who has worked on this issue for and I still do, to give them recognition. those who have accomplished what is a years, and I do not see eye to eye on We have made it very clear. We say daunting feat. It is done every day, but missile defense very much, but to- that there are going to be lots of fail- this is a particularly daunting feat. It gether we sent a ‘‘Dear Colleague’’ last ures as well as successes, and we under- was a big challenge. So we want to week urging Members not to rush to stand that. This is not an attempt to send them a message of commendation. judgment on the test results, positive change the ABM Treaty. It is an at- tempt to acknowledge the American We took out references as to how much or negative. We quoted General Kadish: genius that played itself out on Satur- we should infer or read from this par- ‘‘I do not believe it is helpful to over- day night. ticular success as to whether or not we play our successes or failures.’’ This Mr. Speaker, I yield 2 minutes to the would one day have a big missile field resolution runs counter to the spirit of gentleman from North Carolina (Mr. over the country so that those who dis- his plea. It is not productive. When the HAYES). agree could at least send a word of gentleman from Pennsylvania (Mr. Mr. HAYES. Mr. Speaker, I thank commendation to the people who have WELDON) and I can actually agree on the gentleman for yielding me this so ably pulled off this test. something related to missile defense, time, and I thank my colleagues for Mr. Speaker, I commend the gen- we hope a few other Members will lis- bringing this very important resolu- tleman from California (Mr. HUNTER) ten. tion to the floor. for working with me, but I want to say Finally, politics. This resolution will I think about what I have heard this to my side that this is a much pared- not help solve NMD’s technological morning, and it occurs to me that some back resolution which we resolved problems. It will not resolve the ABM things that we debate here are not very through genuine compromise and I Treaty issues. It will not get us to de- clear, but others are quite clear. Na- agreed to cosponsor about 1 minute be- ployment any faster. In my opinion, it tional security is spoken of in the Con- fore this debate began. serves no purpose other than a political stitution as one of our primary respon- Mr. HUNTER. Mr. Speaker, if the one. The best thing we could do for na- sibilities. gentleman will yield, that was a good tional missile defense is to reduce the I do not really see this as a political decision, I might say to the gentleman. political and idealogical motivation or as a public relations issue. It is a Mr. SPRATT. Mr. Speaker, I yield 3 and focus on the technology, on the philosophical issue. The gentleman minutes to the gentleman from Maine strategic and security issues. from California (Mr. HUNTER) and oth- (Mr. ALLEN). For those reasons, I believe this reso- ers and myself believe that strong na- Mr. ALLEN. Mr. Speaker, I thank lution is ill-advised and should be with- tional security, the protection of our the gentleman for yielding me this drawn or defeated. families and our country against for- time. Mr. HUNTER. Mr. Speaker, I yield eign aggression with missiles is very Although I am proud of the men and myself such time as I may consume. important to our future. This was a women in our military service and Let me just remind my colleague who milestone. A technically very difficult those working for defense contractors just spoke that there are a couple of assignment was met. It was successful, who were part of this success, I have to things that General Kadish did agree and we are moving in the right direc- rise in opposition to the resolution for on with respect to the test. First, the tion. several reasons, first, in terms of proc- intercept was made. The interceptor In this day and age, when philoso- ess. As the gentleman from South missile, traveling three times the speed phies clash here, I think it is impor- Carolina said, this resolution was never of a high-powered rifle bullet, fired tant to set the record straight: This is considered by the Committee on Armed from Kwajalein Island did intercept a about sound science; this is not science Services. It was just brought to the at- target missile coming from fiction. We have the ability to produce tention of the minority yesterday at 5 Vandenburg that also was going three this protective system. It can be done o’clock. There was no consultation times the speed of a high-powered rifle only by continued effort to protect this with the minority until then. I think bullet. Literally, a bullet hit a bullet country and future generations. And I many Members really do not have a 138 miles above the earth in the mid- applaud the gentleman from California grip on the implications of what it is Pacific. That is a fact. (Mr. HUNTER), I applaud our men and we are voting on. It is true that we monitored this test women in uniform, and I think it be- Second, precedent. This resolution with a lot of technology, that it is an hooves us to continue to support this commends the U.S. military personnel in-depth test. There is a lot of analysis resolution and to make sure that this and contractors for the apparently suc- going on right now, and we are going to country, both space and space inside cessful national missile defense tests of see how much information we harvest and outside, are protected. I think this resolution is very timely. last Saturday. BMDO says it will con- from this. But I would just tell my duct 10 more tests in the next year. So friend that I went on record before this b 1130 do we pass a resolution each time it test happened saying that I was going Mr. SPRATT. Mr. Speaker, I yield 2 hits? Should we pass a resolution each to support the continued funding of minutes to the gentleman from Ohio time it misses? Because there are some this program, whether it succeeded or (Mr. KUCINICH). Members who would want to do that, failed, because I believe that this is an Mr. KUCINICH. Mr. Speaker, I thank although I am not one of them. Would important national priority. That is the gentleman for yielding time to me. the majority support their right to my position. Mr. Speaker, I sent a letter to Sec- offer such a resolution? What kind of But, nonetheless, if the gentleman retary Rumsfeld today which cites re- precedent are we setting? Will we feel looks at the enormity of American ef- ports that certain modifications were H4040 CONGRESSIONAL RECORD — HOUSE July 17, 2001 made to the test vehicle and warhead schools have that failure rate, the The idea that unless we build a per- to greatly increase the likelihood of President wants to close them down. fect defense, we do not have any de- success. The military-industrial complex is ap- fense, does not make any sense. Cer- In the letter, I state that Congress parently held to a much lower stand- tainly some of those young people who must know which modifications were ard. were in Saudi Arabia who were the tar- made, how they contributed to the suc- More fundamentally, this test moves gets of those Scud missile attacks did cess, and the likelihood that such us ever closer to violating the anti- come home alive because some of those modifications could be used in a real ballistic missile treaty. We signed and Patriot missiles that we had defending engagement of the missile defense sys- ratified the ABM because we recognize against the attacks did hit their tar- tem. that missile defense systems could de- gets, and some of those Scuds were I asked if the kill vehicle or dummy stabilize more than they could protect. knocked out of the sky before they warhead employed a GPS, global posi- We cannot go back on our word and could kill Americans. tioning system, and if so, at what abandon this treaty. Peace is really We have slow missiles, the Scuds; we stages was the GPS system used. our national security. We cannot be a have medium-speed missiles, the mis- I asked, did the kill vehicle or nation that approaches nonprolifera- siles like the SS–20s; and we have very dummy warhead employ a C-band radar tion while really practicing escalation, high-speed missiles, like the Minute- system, and if so, at what stages was and that is what this test has taken us man missiles like the target we shot at the C-band radar system used. down the road to. Instead of leading over the Pacific. I asked, did either the GPS system or the way towards responsible disar- It is very clear these tests are going C-band radar system communicate mament, we are unraveling arms con- to get tougher. They have to get tough- with or reveal any information to the trol agreements. er to replicate what we think will be Target Object Map. We must be a nation that decides operational conditions. We are going to I asked if the software modifications where we really want to go. Do we have lots of misses in the future. But to the tracking computer or infrared want to go down a path to a new arms for us to not pursue this capability to tracking system provided information race, or forward to a real post-Cold War defend our troops and our people in to the kill vehicle not normally avail- peace? American cities would be disregarding able in a real-life scenario. Attempts to build a national missile our obligation as a Congress of the I think before Congress acts on such defense system are really not enhanc- United States to preserve national se- a resolution, it would be nice to get an ing our national security, they are de- curity. answer to some of these questions. Oth- stabilizing the world, which I heard Mr. Speaker, I reserve the balance of erwise, what we have is a situation over and over again just 2 weeks ago my time. here where we are into a dark from our European allies. Violating Mr. SPRATT. Mr. Speaker, I yield fantasyland, where the threat of a nu- treaties does not make the world a myself such time as I may consume. clear strike against the United States safer place. Mr. Speaker, on Saturday night, in is being exaggerated or it is non- Congress should not be celebrating the euphoria after the test, General existent. spending billions and billions of dollars Kadish warned against reading too Our task as Nation and as a world on national missile defense. We should much into this single test. He warned should be to get rid of existing nuclear be standing by our treaty agreements, specifically that we have a long way to arms, to stop nuclear proliferation to we should be working to end nuclear go before we have a system we can de- new countries, to deal with arms con- proliferation, and we should be spend- ploy. trol and arms elimination. ing that money on vital national needs, I think, at this moment and in days We have people who are actually pre- such as health care, education, and ahead, we should bear his caution in dicting nuclear war in the future. We housing. mind and take his prudence to heart. are back to the days of the Cold War. Yes, there are dangers in the world, This test shows that the technology for We have a responsibility to work for but missile defense systems will spark an operational system is within our peace, not through nuclear prolifera- new arms races, nuclear proliferation, reach, and that is good news. This was tion, not through nuclear rearmament, violated treaties, and destabilizations, a daunting feat. That is why I support not through building bigger and better and also billions in spending. These are this commendation. But it is not yet missile systems or systems which de- the fruits of missile defense. That is within our grasp. feat the ABM treaty or the non- nothing to celebrate. We should continue with this ground- proliferation treaty, but through the Mr. HUNTER. Mr. Speaker, I yield based system, we should commend the painstaking work, the daily work of di- myself such time as I may consume. people who were developing it, testing plomacy, of human relations, of seek- Mr. Speaker, I would say that all it. They are working hard, and they de- ing cooperation between nations. Americans remember the fact that serve our gratitude. But we should not It is fascinating that we have tech- some 19 Americans were killed in fool ourselves. Challenges remain. This nology to restart the arms race, that Desert Storm by ballistic missiles. system should be held to the same we have technology which violates the Those Americans who were killed by standards as any other weapons system nonproliferation treaty, that we have those incoming Scuds were not killed before we make the decision to deploy. technology which violates the ABM by tanks, they were not killed by ma- Mr. Speaker, I think it would prob- treaty. But it would be even more fas- chine gun fire, they were not killed by ably be appropriate to quote Churchill cinating if we used this opportunity to fighter attack aircraft, they were after North Africa at this point, who start a new dawn of peace where we get killed by ballistic missiles. was asked, ‘‘What does this signify?’’ rid of nuclear weapons once and for all. Those Scud missiles were going fast- He said ‘‘It is not the end. It is not Mr. SPRATT. Mr. Speaker, I yield 2 er than a bullet, and we threw up some even the beginning of the end. It is, minutes to the gentlewoman from Cali- Patriot missiles, defending against perhaps, the beginning of the begin- fornia (Ms. LEE). those incoming Scuds. We got some, we ning.’’ Ms. LEE. Mr. Speaker, today we are missed some. There is a discrepancy as Maybe we are a bit farther ahead debating a resolution commending de- to how many we got and how many we than that, but that is where we stand. fense contractors and the military for missed. But at the end, when the We should not get too carried away or the ballistic missile defense test of smoke cleared, 19 Americans were dead euphoric about one single test. There July 14, 2001. This test, not the per- and some 500 were wounded. are many more to come. sonnel, mind you, but this test, is real- We have troops around the world, and This resolution itself says we had ly something to condemn, not to com- at some point, and I think we have better be prepared for failures, because mend. reached that point, we have to ac- they are likely to happen, particularly The defense industry and the Pen- knowledge that we are squarely in the if the program does what we have tagon have now passed their half- age of missiles. Missiles will kill Amer- asked it to do, and that is begin with scaled-down, simplified test. This is icans in the future, I think we can pre- the simple and move to the complex; really nothing to celebrate. When our dict that, unless we build defenses. add with each test more rigor, more July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4041 difficulty, countermeasures, and other Mr. HUNTER. Mr. Speaker, I yield 1641(c), and section 204(c) of the Inter- things. We are going to see failures be- myself such time as I may consume. national Emergency Economic Powers fore we have a system that we can Mr. Speaker, to conclude this debate, Act, 50 U.S.C. 1703(c), I transmit here- judge. we are saying to the men and women of with a 6-month periodic report on the One further point, and it is a critical the Armed Services, to the men and national emergency with respect to Si- point. This system, the ballistic mis- women of the Ballistic Missile Defense erra Leone that was declared in Execu- sile system and all its components, is Organization, and all those folks in big tive Order 13194 of January 18, 2001. different from other weapons systems and small businesses, the 35,000 people GEORGE W. BUSH. in the sense that it is affected and con- that made this test a success, good THE WHITE HOUSE, July 17, 2001. trolled by a treaty called the ABM work. It was a job well done. Now let us f treaty of 1972. roll up our sleeves and go on to the This treaty, some support it, some do next challenge. RECESS not, but in any event, it is an integral GENERAL LEAVE The SPEAKER pro tempore. Pursu- part of our arms control relationship Mr. HUNTER. Mr. Speaker, I ask ant to clause 12 of rule I, the Chair de- with the Soviet Union and today with unanimous consent that all Members clares the House in recess until ap- Russia. It underlies START II, it may have 5 legislative days in which to proximately noon. makes possible START III, and we to revise and extend their remarks on Accordingly (at 11 o’clock and 44 must be careful not to create a rupture this legislation. minutes a.m.), the House stood in re- with Russia over the provisions of the The SPEAKER pro tempore (Mr. cess until approximately noon. treaty. In anything we do, we should ISAKSON). Is there objection to the re- f try to make it treaty compliant, or at quest of the gentleman from Cali- least make it possible by a mutual fornia? b 1200 amendment to the treaty. There was no objection. AFTER RECESS If we deploy this system and create a Mr. HUNTER. Mr. Speaker, I yield rupture in our relationship with Rus- myself the balance of my time. The recess having expired, the House sia, if we abrogate the ABM treaty and Mr. Speaker, the gentleman from was called to order by the Speaker pro simply walk away from it defiantly, we South Carolina (Mr. SPRATT) men- tempore (Mr. SIMPSON) at noon. can see the Russians, as they have tioned a golf course. The Republicans f threatened, pull out of START II, fore- did beat the Democrats in the annual ANNOUNCEMENT BY THE SPEAKER go START III, and call an end to coop- golf tournament yesterday, with the PRO TEMPORE erative threat reduction, which has re- leadership of the gentleman from Ohio moved hundreds of warheads that were (Mr. OXLEY). I know he will be inter- The SPEAKER pro tempore. Pursu- a menacing threat to us. ested in that. ant to clause 8 of rule XX, the Chair If we did that, if that was the end re- The SPEAKER pro tempore. The will now put the question on motions sult, then the net result for our na- question is on the motion offered by to suspend the rules on which further tional security would be a greater the gentleman from California (Mr. proceedings were postponed earlier threat and not a lesser threat as a re- HUNTER) that the House suspend the today. sult of deploying ballistic missile de- rules and agree to the resolution, Votes will be taken in following fense. Those sober words need to be House Resolution 195. order: borne in mind as we pass this The question was taken. S. 360, by the yeas and nays; celebratory resolution. The SPEAKER pro tempore. In the H. Res. 195, by the yeas and nays. Mr. Speaker, I yield 30 seconds to the opinion of the Chair, two-thirds of The Chair will reduce to 5 minutes gentleman from Ohio (Mr. Kucinich). those present have voted in the affirm- the time for any electronic vote after Mr. KUCINICH. I think we can all ap- ative. the first such vote in this series. preciate the work of all Federal em- Mr. HUNTER. Mr. Speaker, on that I ployees who work in defense-related f demand the yeas and nays. matters, but that is not really what The yeas and nays were ordered. HONORING PAUL D. COVERDELL this resolution’s subtext is about. This The SPEAKER pro tempore. Pursu- is an attempt to approve a process The SPEAKER pro tempore. The ant to clause 8 of rule XX and the which violates the ABM treaty and pending business is the question of sus- Chair’s prior announcement, further which, in its essence, will restart the pending the rules and passing the Sen- proceedings on this motion will be arms race. ate bill, S. 360. postponed. There is no reason for the United The Clerk read the title of the Senate States and Russia and China to be en- f bill. The SPEAKER pro tempore. The gaged in a showdown over nuclear MESSAGE FROM THE PRESIDENT arms. We need to get rid of nuclear question is on the motion offered by weapons, we need to enforce our arms A message in writing from the Presi- the gentleman from Illinois (Mr. HYDE) treaties, and we need not to move for- dent of the United States was commu- that the House suspend the rules and ward with this Star Wars program nicated to the House by Mr. Sherman pass the Senate bill, S. 360, on which which wastes taxpayer dollars and Williams, one of his secretaries. the yeas and nays are ordered. which diverts us from the necessary f The vote was taken by electronic de- vice, and there were—yeas 330, nays 61, work of building a new peace in our CONTINUING NATIONAL EMER- world. answered ‘‘present’’ 11, not voting 31, GENCY WITH RESPECT TO SI- as follows: Mr. HUNTER. Mr. Speaker, I yield 30 ERRA LEONE—MESSAGE FROM [Roll No. 229] seconds to the gentleman from Georgia THE PRESIDENT OF THE UNITED (Mr. LINDER). STATES (H. DOC. NO. 107–102) YEAS—330 Mr. LINDER. Mr. Speaker, I thank Ackerman Barton Boswell the gentleman for yielding time to me. The SPEAKER pro tempore laid be- Aderholt Bass Boucher I think it is interesting, the debate fore the House the following message Akin Bentsen Boyd from the President of the United Allen Bereuter Brady (PA) over this system, as to whether the Andrews Berry Brady (TX) science is there or not, because I recall States; which was read and, together Armey Biggert Brown (FL) a time 30 years ago when President with the accompanying papers, without Baca Bilirakis Brown (SC) objection, referred to the Committee Bachus Blagojevich Burr Kennedy, with great courage, said, ‘‘We Baird Blumenauer Burton will put a man on the moon by the end on International Relations and ordered Baker Blunt Buyer of this decade,’’ and we did not have to be printed: Baldacci Boehlert Callahan any of that science, but we achieved it. To the Congress of the United States: Ballenger Boehner Calvert Barcia Bonilla Camp When this Nation can put itself be- As required by section 401(c) of the Barr Bono Cannon hind a project, it will succeed. National Emergencies Act, 50 U.S.C. Bartlett Borski Cantor H4042 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Capito Holt Pickering NAYS—61 COMMENDING MILITARY AND DE- Capps Hooley Pitts Abercrombie Kennedy (RI) Paul FENSE CONTRACTOR PERSONNEL Cardin Horn Pombo Baldwin Kerns Payne Carson (IN) Houghton Pomeroy RESPONSIBLE FOR SUCCESSFUL Berkley LaFalce Price (NC) Portman Carson (OK) Hoyer Brown (OH) Lee Rahall BALLISTIC MISSILE TEST Pryce (OH) Castle Hulshof Capuano Levin Ramstad Quinn The SPEAKER pro tempore. The Chabot Hunter Conyers Lofgren Rivers Radanovich Chambliss Hyde DeFazio Luther Royce pending business is the question of sus- Rangel Clay Inslee DeLauro Markey Sabo pending the rules and agreeing to the Regula Clement Isakson Doggett McCarthy (MO) Schaffer Rehberg resolution, H. Res. 195. Clyburn Israel Dooley McCollum Schakowsky Reynolds The Clerk read the title of the resolu- Coble Issa Eshoo McDermott Sherman Rodriguez Collins Istook Farr McGovern Slaughter tion. Roemer Combest Jackson-Lee Fattah Meehan Stark Rogers (KY) The SPEAKER pro tempore. The (TX) Flake Miller, George Tancredo Condit Rogers (MI) question is on the motion offered by Frank Mink Thompson (CA) Cooksey Jenkins Rohrabacher Frost Moran (VA) Tierney the gentleman from California (Mr. Costello John Ros-Lehtinen Hastings (FL) Nadler Visclosky HUNTER) that the House suspend the Cox Johnson (CT) Ross Hinchey Napolitano Waxman Cramer Johnson (IL) Rothman rules and agree to the resolution, H. Honda Oberstar Wu Crane Johnson, E.B. Roukema Res. 195, on which the yeas and nays Jackson (IL) Obey Crenshaw Johnson, Sam Roybal-Allard are ordered. Jones (NC) Kennedy (MN) Olver Crowley Rush This will be a 5-minute vote. Cubin Kanjorski Ryan (WI) ANSWERED ‘‘PRESENT’’—11 Culberson Kaptur Ryun (KS) The vote was taken by electronic de- Cummings Keller Sanchez Barrett Hinojosa Petri vice, and there were—yeas 321, nays 77, Becerra Hoekstra Shays Cunningham Kelly Sandlin answered ‘‘present’’ 6, not voting 29, as Davis (CA) Kildee Saxton Bonior Jones (OH) Watt (NC) Clayton Menendez Davis (FL) Kilpatrick Schrock follows: Davis (IL) King (NY) Scott NOT VOTING—31 [Roll No. 230] Davis, Jo Ann Kingston Sensenbrenner Berman Kind (WI) Sawyer YEAS—321 Davis, Tom Kirk Serrano Bishop Kleczka Scarborough Deal Knollenberg Sessions Abercrombie Deal Horn Bryant LaTourette Schiff DeLay Kolbe Shadegg Aderholt DeLauro Houghton Coyne McInnis Spence DeMint Kucinich Shaw Akin DeLay Hoyer Sherwood DeGette Neal Towns Andrews DeMint Hulshof Deutsch LaHood Shimkus Delahunt Owens Udall (CO) Armey Deutsch Hunter Diaz-Balart Lampson Shows Gephardt Platts Vitter Baca Diaz-Balart Hutchinson Dicks Langevin Shuster Herger Putnam Waters Bachus Dicks Hyde Lantos Dingell Simmons Hostettler Reyes Watkins (OK) Baker Dooley Inslee Doolittle Largent Simpson Hutchinson Riley Ballenger Doolittle Isakson Doyle Larsen (WA) Skeen Jefferson Sanders Barcia Doyle Issa Dreier Larson (CT) Skelton Barr Dreier Istook Duncan Latham Smith (MI) b 1230 Bartlett Duncan Jenkins Dunn Leach Smith (NJ) Barton Dunn John Edwards Lewis (CA) Smith (TX) Mr. STARK, Mr. GEORGE MILLER Bass Edwards Johnson (CT) Ehlers Lewis (GA) Smith (WA) of California, Ms. LEE, Ms. LOFGREN, Becerra Ehlers Johnson (IL) Ehrlich Lewis (KY) Snyder Mr. WU, Mr. CAPUANO, Ms. BERK- Bentsen Ehrlich Johnson, E. B. Emerson Linder Solis Bereuter Emerson Johnson, Sam Engel Lipinski Souder LEY, Mr. LUTHER, Ms. DELAURO, Mr. Berkley Engel Jones (NC) English LoBiondo Spratt MEEHAN, Mr. MARKEY, Ms. ESHOO, Berry English Kanjorski Etheridge Lowey Stearns Ms. MCCARTHY of Missouri, Messrs. Biggert Etheridge Keller Evans Lucas (KY) Stenholm KERNS, MORAN of Virginia, Bilirakis Evans Kelly Everett Lucas (OK) Strickland Blagojevich Everett Kennedy (MN) Ferguson Maloney (CT) Stump MCDERMOTT, THOMPSON of Cali- Blunt Fattah Kennedy (RI) Filner Maloney (NY) Stupak fornia, SHERMAN, DOOLEY of Cali- Boehlert Ferguson Kerns Fletcher Manzullo Sununu fornia, HASTINGS of Florida, KEN- Boehner Flake Kildee Sweeney Bonilla Fletcher Kind (WI) Foley Mascara NEDY of Minnesota, Mrs. MINK of Ha- Forbes Matheson Tanner Bono Foley King (NY) Tauscher Borski Forbes Kingston Ford Matsui waii, Ms. SLAUGHTER, and Messrs. Tauzin Boswell Ford Kirk Fossella McCarthy (NY) RAMSTAD, FROST, JACKSON of Illi- Taylor (MS) Boucher Fossella Knollenberg Frelinghuysen McCrery Taylor (NC) nois, and FATTAH changed their vote Boyd Frelinghuysen Kolbe Gallegly McHugh Terry from ‘‘yea’’ to ‘‘nay.’’ Brady (PA) Frost LaHood McIntyre Ganske Thomas Brady (TX) Gallegly Lampson Gekas McKeon Mr. STUPAK and Ms. ROYBAL-AL- Thompson (MS) LARD changed their vote from ‘‘nay’’ Brown (SC) Ganske Langevin Gibbons McKinney Thornberry Burton Gekas Lantos Gilchrest McNulty Thune to ‘‘yea.’’ Buyer Gibbons Largent Gillmor Meek (FL) Thurman Mr. PETRI, Mrs. CLAYTON, Mr. Callahan Gilchrest Larson (CT) Gilman Meeks (NY) Tiahrt BONIOR, and Mr. WATT of North Caro- Calvert Gillmor Latham Gonzalez Mica Tiberi Camp Gilman Leach Goode Millender- Toomey lina changed their vote from ‘‘yea’’ to Cannon Gonzalez Lewis (CA) Goodlatte McDonald Traficant ‘‘present.’’ Cantor Goode Lewis (KY) Gordon Miller (FL) Turner Mr. GUTIERREZ changed his vote Capito Goodlatte Linder Goss Miller, Gary Udall (NM) from ‘‘present’’ to ‘‘yea.’’ Capps Gordon Lipinski Graham Mollohan Upton Carson (IN) Goss LoBiondo Granger Moore Velazquez So (two-thirds having voted in favor Carson (OK) Graham Lofgren Graves Moran (KS) Walden thereof) the rules were suspended and Castle Granger Lowey Green (TX) Morella Walsh the Senate bill was passed. Chabot Graves Lucas (KY) Green (WI) Murtha Wamp The result of the vote was announced Chambliss Green (TX) Lucas (OK) Greenwood Myrick Watson (CA) Clement Green (WI) Maloney (CT) Grucci Nethercutt Watts (OK) as above recorded. Coble Greenwood Maloney (NY) Gutierrez Ney Weiner A motion to reconsider was laid on Collins Grucci Manzullo Gutknecht Northup Weldon (FL) the table. Combest Gutknecht Mascara Hall (OH) Norwood Weldon (PA) Condit Hall (OH) Matheson Weller Cooksey Hall (TX) Matsui Hall (TX) Nussle f Hansen Ortiz Wexler Costello Hansen McCarthy (NY) Harman Osborne Whitfield Cox Hart McCrery Cramer Hastings (WA) Hart Ose Wicker ANNOUNCEMENT BY THE SPEAKER McHugh Wilson Crane Hayes McIntyre Hastings (WA) Otter PRO TEMPORE Wolf Crenshaw Hayworth McKeon Hayes Oxley Woolsey The SPEAKER pro tempore (Mr. Cubin Hefley McNulty Hayworth Pallone Wynn Culberson Hill Menendez Hefley Pascrell SIMPSON). Pursuant to clause 8 of rule Young (AK) Cummings Hilleary Mica Hill Pastor Young (FL) XX, the Chair will reduce to 5 minutes Cunningham Hinojosa Millender- Hilleary Pelosi the minimum time for electronic vot- Davis (CA) Hobson McDonald Hilliard Pence ing on the additional motion to sus- Davis (FL) Hoeffel Miller (FL) Hobson Peterson (MN) pend the rules on which the Chair has Davis, Jo Ann Holden Miller, Gary Hoeffel Peterson (PA) Davis, Tom Hooley Mink Holden Phelps postponed further proceedings. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4043 Mollohan Roemer Stenholm CONSTITUTIONAL AMENDMENT The amendment itself does not pro- Moore Rogers (KY) Strickland Moran (KS) Rogers (MI) Stump AUTHORIZING CONGRESS TO hibit flag desecration; it merely em- Moran (VA) Rohrabacher Sununu PROHIBIT PHYSICAL DESECRA- powers Congress to enact legislation to Morella Ros-Lehtinen Sweeney TION OF THE FLAG OF THE prohibit the physical desecration of the Murtha Ross Tancredo UNITED STATES flag and establishes boundaries within Myrick Rothman Tanner Napolitano Roukema Tauscher Mr. SENSENBRENNER. Mr. Speak- which it may legislate. Nethercutt Roybal-Allard Tauzin er, pursuant to House Resolution 189, I The American flag serves as a unique Ney Royce Taylor (MS) symbol of the ideas upon which Amer- Northup Ryan (WI) Taylor (NC) call up the joint resolution (H.J. Res. Norwood Ryun (KS) Terry 36) proposing an amendment to the ica was founded. It is a national asset Nussle Sanchez Thomas Constitution of the United States au- that helps preserve our unity, our free- Ortiz Sandlin Thompson (MS) thorizing the Congress to prohibit the dom, and our liberty as Americans. Osborne Saxton Thornberry This symbol represents our country’s Ose Schaffer Thune physical desecration of the flag of the Otter Schrock Thurman United States, and ask for its imme- many hard-won freedoms, paid for with Oxley Scott Tiahrt diate consideration. the lives of thousands of young men Pallone Sensenbrenner Tiberi The Clerk read the title of the joint and women. The American people want Pascrell Serrano Toomey Pence Sessions Traficant resolution. their elected representatives to protect Peterson (MN) Shadegg Turner The SPEAKER pro tempore (Mr. this cherished symbol. Peterson (PA) Shaw Upton SIMPSON). Pursuant to House Resolu- Prior to the Supreme Court’s ruling Petri Shays Walden in 1989 in Texas v. Johnson, 48 States Phelps Sherman Walsh tion 189, the joint resolution is consid- Pickering Sherwood Wamp ered read for amendment. and the Federal Government had laws Pitts Shimkus Watts (OK) The text of House Joint Resolution 36 prohibiting desecration of the flag. Platts Shows Waxman is as follows: Since that ruling, however, neither the Pombo Shuster Weldon (FL) Pomeroy Simmons Weldon (PA) H.J. RES. 36 States nor the Federal Government Portman Simpson Weller Resolved by the Senate and House of Rep- have been able to prohibit its desecra- Price (NC) Skeen Wexler resentatives of the United States of America in tion. In Johnson, the court, by a 5 to 4 Pryce (OH) Skelton Whitfield Congress assembled, (two-thirds of each House vote, held that burning an American Quinn Smith (MI) Wicker concurring therein), Radanovich Smith (NJ) Wilson flag as part of a political demonstra- Rahall Smith (TX) Wolf SECTION 1. CONSTITUTIONAL AMENDMENT. tion was expressive conduct protected Ramstad Smith (WA) Wu The following article is proposed as an by the first amendment. amendment to the Constitution of the Regula Snyder Young (AK) In response to Johnson, Congress Rehberg Souder Young (FL) United States, which shall be valid to all in- Reynolds Spratt tents and purposes as part of the Constitu- overwhelmingly passed the Flag Pro- Rodriguez Stearns tion when ratified by the legislatures of tection Act of 1989, which amended the NAYS—77 three-fourths of the several States within Federal flag statute to focus exclu- seven years after the date of its submission sively on the conduct of the actor, irre- Ackerman Hoekstra Oberstar for ratification: Allen Holt Olver spective of any expressive message he Baird Honda Pastor ‘‘ARTICLE — or she might be intending to convey. Baldacci Jackson (IL) Paul ‘‘The Congress shall have power to prohibit In 1990, the Supreme Court, in an- Baldwin Jones (OH) Payne the physical desecration of the flag of the other 5 to 4 ruling, in U.S. v. Eichman, Barrett Kaptur Rangel United States.’’. Blumenauer Kilpatrick Rivers struck down that act as an infringe- Bonior Kucinich Rush The SPEAKER pro tempore. After ment of expressive conduct protected Brown (FL) LaFalce Sabo two hours of debate on the joint resolu- by the first amendment, despite having Brown (OH) Larsen (WA) Sawyer tion, it shall be in order to consider an Capuano Lee Schakowsky also concluded that the statute was Cardin Levin Slaughter amendment in the nature of a sub- content-neutral. According to the Clay Lewis (GA) Solis stitute, if offered by the gentleman Court, the Government’s desire to pro- Clayton Luther Stark from Michigan (Mr. CONYERS), or his Clyburn Markey Stupak tect the flag ‘‘is implicated only when Conyers McCarthy (MO) Thompson (CA) designee, which shall be considered the person’s treatment of the flag com- Davis (IL) McCollum Tierney read and debatable for 1 hour, equally municates a message to others.’’ Doggett McDermott Udall (NM) divided and controlled by the pro- Therefore, any flag desecration stat- Eshoo McGovern Velazquez ponent and an opponent. Farr McKinney Visclosky ute, by definition, will be related to the Filner Meehan Watson (CA) The gentleman from Wisconsin (Mr. suppression of free speech, and, thus, Frank Meek (FL) Watt (NC) SENSENBRENNER) and the gentleman run afoul of the first amendment. Gutierrez Meeks (NY) Weiner from Michigan (Mr. CONYERS) each will Hastings (FL) Miller, George Woolsey Prohibiting physical desecration of Hilliard Nadler Wynn control 1 hour of debate on the joint the American flag is not inconsistent Hinchey Neal resolution. with first amendment principles. Until The Chair recognizes the gentleman ANSWERED ‘‘PRESENT’’—6 the Johnson and Eichman cases, pun- from Wisconsin (Mr. SENSENBRENNER). ishing flag desecration had been viewed Crowley Jackson-Lee Pelosi GENERAL LEAVE DeFazio (TX) as compatible with both the letter and Dingell Obey Mr. SENSENBRENNER. Mr. Speak- spirit of the first amendment, and both er, I ask unanimous consent that all Thomas Jefferson and James Madison NOT VOTING—29 Members may have 5 legislative days strongly supported government actions Berman Hostettler Sanders within which to revise and extend their Bishop Israel Scarborough to prohibit flag desecration. Bryant Jefferson Schiff remarks and include extraneous mate- The first amendment does not grant Burr Kleczka Spence rial on H.J. Res. 36. individuals an unlimited right to en- Coyne LaTourette Towns The SPEAKER pro tempore. Is there gage in any form of desired conduct. DeGette McInnis Udall (CO) objection to the request of the gen- Delahunt Owens Vitter Urinating in public or parading Gephardt Putnam Waters tleman from Wisconsin? through the streets naked may both be Harman Reyes Watkins (OK) There was no objection. done by a person hoping to commu- Herger Riley Mr. SENSENBRENNER. Mr. Speak- nicate a message; yet both are exam- er, I yield myself 5 minutes. ples of illegal conduct during which po- Mr. Speaker, House Joint Resolution b 1240 litical debate or a robust exchange oc- 36 proposes to amend the United States curs. So, (two-thirds having voted in favor Constitution to allow Congress to pro- thereof) the rules were suspended and hibit the physical desecration of the the resolution was agreed to. flag of the United States. The proposed b 1245 The result of the vote was announced amendment reads, ‘‘The Congress shall As a result of the Court’s misguided as above recorded. have power to prohibit the physical conclusions in Johnson and Eichman, A motion to reconsider was laid on desecration of the flag of the United however, flag desecration, or what Jus- the table. States.’’ tice Rehnquist described as a ‘‘grunt,’’ H4044 CONGRESSIONAL RECORD — HOUSE July 17, 2001 now receives first amendment protec- are not by implication, direct or other- overruled of 200 years of history, 200 tion similar to that of the pure polit- wise, supporting any kind of desecra- years of tradition, by a one-vote mar- ical speech that the first amendment tion of the flag. We do not do that. gin in our courts. Is it wrong because speech clause was created to enhance. That is not what we are here for. nine people in a 5 to 4 decision decided In the years since the Johnson and So that leaves two other points to be otherwise? Yes. That is why we are Eichman rulings were handed down, 49 made, the same ones made before. The here today. We believe that it is wrong. States have passed resolutions calling first is Justice Oliver Wendell Holmes. It is not hard to make this decision upon Congress to pass a constitutional This is 1929: ‘‘The Constitution protects when one knows what their values are, amendment to protect the flag and not only freedom for the thought and and one cannot rule by ‘‘but.’’ People send it back to the States for ratifica- expression we agree with, but freedom say, well, I deplore the burning of the tion. Although a constitutional amend- for the thought we hate.’’ Okay, got American flag, but. It is not hard to ment should only be approached after that? All right. That is five times in make the decision when one knows much reflection, the Supreme Court’s my career that we go through this. their values and what they are by deed conclusions in Johnson and Eichman Then the final point that should be heart; mind. have left the American people with no made is that, in 1989, the Supreme I have in this folder literally hun- other alternative but to amend the Court said that all the State laws in dreds of letters from third graders, Constitution to provide Congress the the country banning flag-burning and from fourth graders, from fifth graders authority to prohibit the physical dese- making it illegal are themselves ille- about what the flag means to them. cration of the American flag. gal. Then the Congress tried to do it. This is more than just a piece of cloth. In a compelling dissent from the And the Supreme Court, not the most It is something that our children, our Johnson majority’s conclusion, Chief progressive part of the Federal system, grandchildren, our grandparents have Justice Rehnquist, joined by Justices said, no, you cannot do it, Congress. thought and talk about what it means O’Connor and White stated: ‘‘The And now, for the fifth time, we do to them. To watch somebody burn the American flag, then, throughout more not even agree on it ourselves. We do American flag represents a destruction than 200 years of our history, has come not want to do it. Basically, the legis- of those values, of those ideas and of to be the visible symbol embodying our lative body of the United States of those thoughts. That is why we are op- Nation. It does not represent the views America does not want to make an posed to it. of any particular political party, and it amendment to our Constitution appro- I was witness to a young Hispanic does not represent any particular polit- priate to accomplish what State laws that was protesting proposition 187. He ical philosophy. The flag is not simply tried and what Justice Oliver Wendell was opposed to the proposition. But in another ‘idea’ or ‘point of view’ com- Holmes talked about, and many others. his midst, there was a group of His- peting for recognition in the market- In effect, what we are trying to do is panics that turned to burn the Amer- place of ideas. Millions and millions of not to punish those who feel differently ican flag. This young Hispanic grabbed Americans regard it with almost mys- about these matters. The better course the flag and protected it and was beat- tical reverence, regardless of what sort is to persuade them that they are en by the group that was burning the of social, political, or philosophical be- wrong. We can imagine no more appro- American flag. liefs they may have.’’ priate response to burning a flag than If we take a look at our Nation, Mr. Speaker, this proposed amend- waving our own flag; no way to counter every ethnic group stood behind this ment is bipartisan legislation sup- a flag-burner’s message than by salut- flag, every veterans’ group. Mr. Speak- ported by Americans from all walks of ing the flag. We do not consecrate the er, 372 Members of this body, 372, voted life because they know the importance flag by punishing its desecration be- for this amendment, and it will pass of this cherished national symbol. I cause, in doing so, we dilute the free- today. But yet, there is a group out urge my colleagues to support this im- dom that this cherished emblem rep- there that would fight against it. portant constitutional amendment. resents. Mr. Speaker, if one has nothing more Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of to do, watch us today? I hear that in my time. my time. disgust. Mr. CONYERS. Mr. Speaker, I yield Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, as an example of what myself such time as I may consume. er, I yield 5 minutes to the gentleman the flag means, I was overseas and Mr. Speaker, if one does not have from California (Mr. CUNNINGHAM), the there was a friend of mine that was a much to do today, this is a great way principal author of this very important prisoner of war for 7 years. It took him to spend the afternoon, discussing for resolution. 5 years to knit an American flag on the the fifth time whether the Congress (Mr. CUNNINGHAM asked and was inside of his shirt, and he would share should amend the Constitution with given permission to revise and extend that flag with his comrades until the reference to flag desecration. Now, the his remarks.) Vietnamese guards broke in, and they answer has been ‘‘no’’ all of these other Mr. CUNNINGHAM. Mr. Speaker, I saw the POW without his shirt. They times. So I ask the House rhetorically, do not believe that the primary threat ripped the flag to pieces, and they why does not the other body take this to our country comes from a bomb, or threw it on the ground. They took him measure up first, for once, instead of hostile nation. I do believe that the out, and they beat this POW for hours, us? Is there some protocol not known threat to this Nation comes from with- and they brought him back, uncon- to the ranking member of the com- in, from those that would taint the val- scious to the point where his comrades mittee? There are many other things ues of this country of religion and our thought that he was not going to sur- that could be done in the interest of beliefs and our flag. Mr. Speaker, 23 na- vive. His comrades comforted him as furthering the democratic spirit of the tions, 23 civilizations have been de- much as they could, and they went United States. stroyed from within for this very type about their work. A few moments Now, on behalf of everybody in the and form of demagoguery; degradation later, they saw this broken, bodied House, I would like to be the first to of values. POW crawl to the center of the floor assert the boilerplate language so that Mr. Speaker, this is not political to and watched him as he started gath- my colleagues will not all have to re- us that support the flag. I have lists ering those bits of thread to knit an- peat it again. I deplore desecration of here of every single ethnic group in the other flag. the flag in any form, but I am strongly United States, gender groups, children, Mr. Speaker, we are not here just to opposed to this resolution because it senior citizens that support the amend- waste time. This is what this country goes against the ideals and elevates a ment. stands for, its flag, whether it is the symbol of freedom over freedom itself. The other side just stated, there is right to be able to say a prayer, to I would like unanimous consent to not much to do today, if one wants to honor our flag, or to honor our tradi- say that for everybody that is going to listen to this, to trivialize the event. tions. want to say that, to make sure that ev- To us, to every single veterans’ group, Mr. CONYERS. Mr. Speaker, I hope erybody understands that those who to 80 percent of the American people, 49 that my distinguished friend from Cali- oppose this measure are patriotic and States that had laws on the books was fornia, I hope that his moving plea is July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4045 taken over to the other body, which what the flag represents and what I I look forward to hearing your thoughts on every year turns back this work. swore to defend and risked dying for this proposed constitutional amendment. Mr. Speaker, I yield 4 minutes to the when I took my military oath of office, Respectfully, CHARLES A. SPAIN, Jr. gentlewoman from Texas (Ms. JACK- the Constitution and the principles of SON-LEE), the distinguished ranking liberty and freedom.’’ Mr. Speaker, I rise, once again, in opposi- member of the subcommittee. Mr. Speaker, that is why I am here tion to this amendment to the Constitution to prohibit physical desecration of the flag of the b 1300 on the floor of the House, not to dese- crate the flag or disrespect it, but to United States because it is unnecessary and Ms. JACKSON-LEE of Texas. Mr. defend the principles of liberty and is a flagrant chilling of free speech protected Speaker, I would say to my esteemed freedom. Do we need language to tell by the First Amendment. and honorable friend, the gentleman us how cherished and precious our flag Supporters of this constitutional amendment from California (Mr. CUNNINGHAM), his is? Do we need to deny someone else are responding to the 1989 and 1990 Su- cause is extremely noble. I honor him their right to the opposition? preme Court decisions that struck down state as I honor those who have served in the I am reminded of the tenets of Chris- and federal statutes that barred flag desecra- United States military and those who tianity. It is not by the word we speak, tion on constitutional grounds that they chilled sit as Americans with the privilege and but by our deeds. And if, in fact, our our First Amendment right to free speech and freedom of pledging allegiance to the deeds are honoring the flag of the expression. The Court was right then, and we flag of the United States, a nation rep- United States, then it will counter should follow its example today. Mr. Speaker, make no mistake about it: this resenting the freest persons in the those deeds of someone else who we be- amendment compromises the Bill of Rights, world. lieve dishonors that flag, because we which is fundamental to our freedom of Humbly I say in debate that I love have the right to express our freedom speech and expression. These are, perhaps, America and I love the flag. I come and our beliefs, and they likewise have our most basic tenets and pillars of our Amer- from a generation that required the the right to express theirs. ican democratic system. pledge of allegiance every single morn- I call upon this Congress, though I ing, and through the process of the In West Virginia Board of Education v. know this House has repeatedly voted Barnette, 319 U.S. 624 (1943), esteemed Jus- Committee on the Judiciary, I have three or four times on this particular come to understand the value of the tice Jackson wrote the following warning for resolution and it has not prevailed, but those in government who would seek to force Constitution of the United States and the Supreme Court, with which I have the privileges that are given. their thoughts upon the citizenry: ‘‘If there is agreed and disagreed, twice has said any fixed star in our constitutional constella- Might I say that I also stand here as the rules to eliminate the desecration an American who did not come to this tion, it is that no official, high or petty, can pre- of the symbol of the flag take away the scribe what shall be orthodox in politics, na- Nation free. I realize the importance of rights under this Constitution and the changing laws, for this Constitution tionalism, religion or other matters of opinion principles we hold so dear. or force citizens to confess by word or act declared me as three-fifths of a person, I would much rather defend, if I was their faith therein.’’ Id., at 642. The resolution and the early history of this flag had given the privilege, the gentleman’s on the floor today amends the Bill of Rights for slavery. right to speak in opposition to me, as the first time in 210 years, and would set a In spite of all of that, in a tumul- opposed to upholding a cloth which I dangerous precedent by opening the flood- tuous civil rights movement, I can believe stands brightly and boldly on gates for the restructuring of our democracy frankly say, I love America. But I am its own without intrusion by legisla- by eroding the basic tenets of freedom and lib- warned and cautious about what Amer- tion which denies the privilege of the erty that define our Nation. ica stands for. I believe that America rights of freedom and dignity. Furthermore, this amendment would open stands for freedom of expression, free- I submit for the RECORD the letter to the door to excessive litigation because the dom of choices, freedom of the ability which I referred earlier, as follows: wording is vague on its face. For example, the to express one’s religion, and, as well, HOUSTON, TX, amendment fails to define ‘‘flag’’ and ‘‘dese- to express one’s opposition. June 6, 2001. cration’’ which are at the very heart of the In the last 20 years, I do not think Hon. SHEILA JACKSON LEE, amendment. These alone are reason enough any one of us could count a time that Cannon House Office Building, House of Rep- to strike down the amendment on vagueness we have seen a flag-burning. I would resentatives, Washington, DC. grounds. REPRESENTATIVE JACKSON LEE: As your simply say that the very moving story Supporters of this amendment to constrain of my colleague suggested that, in fact, constituent, I strongly urge you to oppose HJ Res. 36/SJ Res. 7, the proposed constitu- speech and dissent based on its content have there might be question as to whether tional amendment to outlaw desecration of read United States v. Eichman, 496 U.S. 310 or not desecrating a flag includes sew- the United States flag. I agree with other (1990), as meaning that sweepingly general ing it into one’s pocket. veterans such as General Colin Powell and language is somehow less of an affront to free This Constitution and the symbol of Senator John Glenn that such legislation is speech than specific prohibitions like those in the flag represents who we are as a na- an unnecessary intrusion and a threat to the the repealed ‘‘Flag Protection Act of 1989.’’ tion. The flag is a symbol. This legisla- rights and liberties I chose to defend during The opposite is true: the amendment is tion which would require, an amend- my military service. Those who favor the overbroad, giving Congress the power to crim- proposed amendment say they do so in honor ment to the Constitution of the United inalize political and expressive acts of speech States counter what our Constitution of the flag. But in proposing to unravel the First Amendment, they desecrate what the and expression that fall short of flag burning. stands for. If we just think about it, it flag represents, and what I swore to defend— Thus, the amendment we discuss today will counters what the flag stands for free- and risked dying for—when I took my mili- result in a sweeping abridgment of the whole dom and justice. tary oath of office: the Constitution and its Bill of Rights. This body cannot be responsible Let me read very briefly the words of principles of liberty and freedom. for such a reckless act. a veteran, a constituent of mine who While flag burning is rare, it can be a pow- Mr. Speaker, I believe that our flag is a writes to urge us to oppose House Joint erful and important form of speech. As a pa- symbol of our freedom, our liberty, and our Resolution 36, the proposed constitu- triotic American, I may be deeply troubled by the content of this political speech. system of justice. I personally find flag burning tional amendment to outlaw desecra- However, it is a far worse crime against and desecration to be offensive and disgrace- tion of the United States flag. this country and dishonors veterans that ful. But I stand with the Supreme Court in my He agrees with other veterans, such Congress annually attempts to take away belief such conduct falls within the scope of as General Colin Powell and Senator our right to freedom of expression. the First Amendment, the lynchpin of our de- John Glenn, that ‘‘. . . such legislation Again, I urge you to oppose HJ Res. 36/SJ mocracy. So while it hurts to watch a few indi- is an unnecessary intrusion and a Res. 7. Of the gallant Americans who fought viduals who publicly desecrate our flag, the threat to the rights and liberties I and died in the service of our country within fact that we allow such speech is what makes chose to defend during my military the last 200 years, I tell you this: They did not die defending the flag. They died defend- us free and what makes us great as a nation. service. Those who favor the proposed ing our freedom and the ideals upon which If we are truly concerned about honoring the amendment say they do so in honor of our country was founded. Don’t cheapen flag and the millions of Americans who have the flag, but in proposing to unravel their sacrifice by supporting this misguided fought under it for the freedom that it rep- the first amendment, they desecrate amendment. resents, we must, above all else, protect the H4046 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Constitution and the Bill of Rights, and oppose sage he or she might be intending to whelming majority of the American such efforts to diminish the historical prece- convey. people. It is time for Congress to an- dent that they represent. As one of our na- Later that year, however, in another swer their calls to preserve and protect tion’s greatest patriots, Colin Powell, recently five to four ruling in the U.S. Supreme the one symbol that embodies all that stated about this amendment, ‘‘I would not Court, United States v. Eichman, they our Nation represents. amend that great shield of democracy to ham- struck down that act as an infringe- For the veterans who risked their mer a few miscreants. The flag will be flying ment of expressive conduct protected lives for our country and our freedoms, proudly long after they have slunk away.’’ by the first amendment. for our children who view our flag with Mr. Speaker, our flag is a symbol of our Because of the Johnson and Eichman admiration and devotion, and for every freedom, not freedom itself. I encourage my decisions, the only remedy left to Con- American who believes that our flag colleagues to avoid the unwise path of unnec- gress to protect the flag from acts of deserves protection, I urge my col- essarily amending the Constitution, and I urge desecration is a constitutional amend- leagues to support this important them to vote ‘‘no’’ on H.J. Res. 36. ment. Many would argue that we amendment. Mr. SENSENBRENNER. Mr. Speak- should not amend the Constitution for Mr. CONYERS. Mr. Speaker, I am er, I yield 5 minutes to the gentleman this purpose. This is the only way that pleased to yield such time as she may from Ohio (Mr. CHABOT), the chairman we can protect the flag. consume to the gentlewoman from of the Subcommittee on the Constitu- The amendment before the House California (Ms. LOFGREN), an able tion. would restore to Congress the author- member of the Committee on the Judi- Mr. CHABOT. Mr. Speaker, I thank ity to prohibit the physical desecration ciary. the gentleman from Wisconsin (Mr. of the flag. The amendment, as the Ms. LOFGREN. Mr. Speaker, I think SENSENBRENNER) for his leadership in chairman stated, itself does not pro- all of us have had this experience walk- pushing for this amendment to be ar- hibit flag desecration. It merely em- ing into the Capitol, especially at night gued and debated today on the floor of powers Congress to enact legislation to when we are in session, and we see our the House. prohibit the physical desecration of the beautiful American flag flying over the I also want to thank the principal flag, and establishes boundaries within Capitol of the freest country in the sponsor of this constitutional amend- which it may legislate. Work on a stat- world, and it is so moving it is almost ment, the gentleman from California ute will come at a later date, after the hard to keep walking by. I think no matter where one comes (Mr. CUNNINGHAM), who spoke with amendment is ratified by three-fourths down on this amendment, there is not such emotion and so eloquently just a of the States. few moments ago. No one is more Vigilant protection of freedom of a single Member of Congress who qualified in actually putting his life on speech and, in particular, political thinks it is good or right to deface or the line for his country than the gen- speech is central to our political sys- in any way dishonor the flag of the United States. If we felt that, we would tleman from California (Mr. tem. Until the Johnson and Eichman not be elected to Congress. We would CUNNINGHAM). I want to thank him for cases, however, punishing flag desecra- not be here serving the Nation in the that. tion had been viewed as compatible The flag is the most powerful symbol freest legislative body in the world. with both the letter and the spirit of Every day, we start our legislative of the ideals upon which America was the first amendment. session with these words: ‘‘I pledge al- founded. It is a national asset that The first amendment freedoms do not legiance to the flag of the United helps to protect and preserve our extend and should not be extended to States of America and to the Republic, unity, our freedom, and our liberty as grant an individual an unlimited right for which it stands, one Nation, under Americans. to engage in any form of desired con- God, with liberty and justice for all.’’ As our country has grown and wel- duct under the cloak of free expression. The flag stands for something. It comed those from diverse religious and Both State and Federal criminal codes stands for the freest country in the cultural backgrounds, the flag’s power are full of examples of conduct that is world. Our country is free for a lot of to unify our Nation has become even prohibited in our country, regardless of reasons. It is free because brave men more evident, bringing together all whether it is cloaked in the first and women went out and heard the call Americans, young and old, to champion amendment. to protect us, to take up arms, and to those principles upon which this coun- Furthermore, obscenity laws, libel protect us over the decades and cen- try was built, principles for which our and slander laws, copyright laws, and turies when our country was attacked servicemen and women have fought and even perjury laws, they all reflect the by those who would not allow us to died, and principles that have moved so fact that some forms of expression and have our freedom. many individuals throughout history sometimes even the content of that ex- But we are also free because we live to leave their homes and families and pression may be regulated and even under the rule of law. One of the most travel to America to build a new life. A prohibited without violating the first important aspects of that is the first symbol that binds a nation together, as amendment. amendment. Let me just refresh our our flag does, already fulfills a unique We cannot burn our draft cards. We memory on what the first amendment role in our democratic process. cannot burn money. There are many says. Since 1994, however, there have been acts we cannot perform. The flag pro- It says: ‘‘Congress shall make no law at least 86 reported incidences of flag tection amendment simply reflects so- respecting an establishment of religion desecration. These incidences have oc- ciety’s interest in maintaining the flag or prohibiting the free exercise thereof, curred in 29 States. They have occurred as a national symbol by protecting it or abridging the freedom of speech or here in the District of Columbia. They from acts of physical desecration. It of the press or of the right of the peo- have occurred in Puerto Rico. Since will not interfere with an individual’s ple peaceably to assemble and to peti- the U.S. Supreme Court ruled in Texas ability to express his or her ideas, tion the government for a redress of v. Johnson that burning an American whatever they may be, by any other grievances.’’ flag as part of a political demonstra- means. The Supreme Court, which has been tion was expressive conduct protected This amendment has been approved the interpreter of our Constitution by the first amendment to the United by this Chamber twice and enjoys the since the beginning of our Republic, States Constitution, the States have support of a supermajority of the has said that destruction or wrong- been powerless to prevent the physical House of Representatives. It is sup- doing towards our flag is protected by desecration of this most valued sym- ported by a majority of the United the first amendment. These are not lib- bol. States Senators and 49 out of 50 State eral, wild-eyed justices, but Justice In response to Johnson in September, legislatures, which have passed resolu- Scalia, probably the most conservative 1989, Congress overwhelmingly passed tions calling on Congress to pass the member of the Supreme Court, signed the Flag Protection Act of 1989, which amendment and send it back to the the opinion saying that flag-burning is amended the Federal Flag Statute to States for ratification. protected by the first amendment. focus exclusively on the conduct of the Perhaps, most importantly, the All of us, when we became Members act, irrespective of any expressive mes- amendment is supported by an over- of this body, took an oath of office. We July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4047 said: ‘‘I do solemnly swear that I will that somehow we have more rights to somehow is entitled to more protection support and defend the Constitution of burn a flag than we have to burn other than the embodiment of their religious the United States against all enemies, things. That simply is not true; and in- faith? foreign and in this case domestic; that deed, presumably the person who The Supreme Court did not just say I will bear true faith and allegiance to burned a gay pride flag had burned we could burn a flag; it said also that the same; that I take this obligation someone else’s gay pride flag. It is en- we could burn a cross. There was a Su- freely, without any mental reservation tirely legal, I am sure, for someone to preme Court decision in which a con- or purpose of evasion; and that I will burn their own gay pride flag. It is not viction was overturned of someone who well and faithfully discharge the duties legal to burn someone else’s flag. If, in burned a cross. Now, once again, it had of the office in which I am about to fact, we burn someone else’s American better have been his cross on his prop- enter,’’ and then we say, ‘‘so help me flag, we are guilty of theft, destruction erty. We cannot go burning someone God.’’ of property, vandalism; and that, of else’s cross. But the Supreme Court I am not going to turn my back on course, can be punished. said the symbolic act of burning a the Constitution today. We had an incident described where cross is constitutionally protected. Mr. SENSENBRENNER. Mr. Speak- someone disrupted the funeral of a man What we will do today if we ratify er, I yield 2 minutes to the gentleman who had been shot by a police officer this amendment, or send it for ratifica- from Ohio (Mr. TRAFICANT). and burned a flag. That was a violation tion, is to say we will protect the (Mr. TRAFICANT asked and was given of law on many counts. So we are not American flag but not the cross. Be- permission to revise and extend his re- here advocating a policy whereby we cause once we have put forward the marks.) can burn a flag when we cannot burn principle that, if the Government Mr. TRAFICANT. Mr. Speaker, the anything else. Yes, there are many cit- thinks something is terrible it should Old Glory Condom Corporation lost the ies and States and communities that outlaw it, then what do we say to peo- decision. They were not allowed to sell have laws against burning in certain ple who think it is terrible to burn a red, white, and blue condoms, so they seasons. No, the flag is not an exemp- cross? The cross is a symbol of a power- appealed. They said their red, white, tion to that. So let us put that to rest. ful religion, a religion that has, un- and blue condoms were a patriotic It is not a case where we have more doubtedly, had more impact on human- symbol, and, yes, Members guessed it, protection to burn other things. Any ity than any other; and people who the U.S. Trademark Office of Appeals law against vandalism, disturbing the burn it are turning this profound reli- agreed. The panel said the Old Glory peace, theft, destruction of someone gious symbol of all of man’s best in- condom is not unconstitutional. One else’s property, that applies whether it stincts, of man’s tribute to the best in can wear it. is a flag or anything else. the universe, people are turning it into If that is not enough to constipate What we are opposed to, those who a symbol of racism, because the burn- our veterans, two men from Columbus, oppose this amendment, is the notion ing of the cross has become associated Ohio, were recently charged with burn- that because some people seek to ex- with racism. ing a gay pride flag during a parade. press views that almost all of us find Now, the Supreme Court said that is Think about it. It is illegal to burn terribly obnoxious, in the most offen- okay. Do those of us who support that leaves and trash in America. It is ille- sive possible way, namely, by burning a decision think it is okay? No, we think gal to damage a mailbox. Now it is ille- flag, that we should make it illegal. it is despicable. But we think it is a gal to burn a gay pride flag. And it is And here is why: first, this takes what mark of a free society that despicable completely legal and patriotic to wear I would have thought was a very people are allowed to express them- a red, white, and blue condom. unconservative position. It takes a selves in despicable ways, as long as Beam me up, Mr. Speaker. I think if very expansive view of government. they have not taken anybody else’s American citizens want to make a po- What it says is, that which the Govern- property or otherwise injured anybody. litical statement, they should burn ment does not prohibit it condones. We do not simply punish expression. their brassieres, burn their boxer We are told that if we do not make it But for those who want to ratify this shorts, but leave Old Glory alone, pe- illegal for people to burn the flag, we amendment, do we now get an amend- riod. are somehow allowing that and maybe ment that overturns the decision that I support this resolution. It is about even showing it is okay. No, I hope we says it is okay to burn a cross? Or do time. A people that do not honor and live in a society in which we make laws we say that we, the Government of the respect their flag do not honor and re- to protect people from being interfered United States, protect the flag because spect their neighbors nor their coun- with by others; but we do not take the that is a symbol of our Nationhood, but try. This is more than about a flag. view that whatever the Government the cross, that symbol of some of the The gentlewoman from California is does not outlaw, it is somehow most profound values human beings are right, we pledge allegiance to the flag condoning. That is an extraordinarily capable of conceiving, it is okay to and to the Nation for which the flag expansive view of government that burn that? It is not only okay to burn stands; the flag, which our veterans would erode liberty. So we ought to be that, it is okay to take that wonderful carried in the war, those who were shot clear that the absence of a law that symbol and turn it into a reminder of down, only to have it picked up by says something is illegal is in no sense the worst aspect of American history: somebody else, surely to be shot down an approval of it. racism. again. It should not be treated like an People who say, yes, but still this is So that is what we are dealing with Old Glory condom. so offensive, burning a flag, desecrating today. We have a choice of saying that a flag to express oneself, that we have we will continue the situation in which b 1315 to make it illegal. Okay, this is then we believe in limited government, in I also urge this House to take up H.R. the theory. The theory is that if we do which government intervenes when one 2242 that would make June 14, Flag not make it illegal to destroy or dese- individual’s rights are threatened by Day, a national holiday. I think the crate a particular symbol, we are de- another, in which we protect private flag should be set apart, and it is cer- valuing that symbol. The problem with property and we prevent disruption of tainly not going to violate anybody’s that is that it does not go far enough. the peace, but in which we say if some first amendment rights to do so. The flag is a very dear symbol to many individual, choosing to be as vile as can Mr. CONYERS. Mr. Speaker, I am Americans; perhaps to most it is the be and give offense by his or her means pleased to yield such time as he may most important symbol. But are there of expression, chooses to burn his or consume to the gentleman from Massa- not people in this society who we ad- her own flag on his or her own prop- chusetts (Mr. FRANK), a senior member mire because they think some other erty, that we are going to penalize that of the Committee on the Judiciary. symbol is more important? What about criminally. But if that individual de- Mr. FRANK. Mr. Speaker, the re- religious symbols? Must people be told cides to burn a cross to symbolize rac- marks of the gentleman from Ohio give in their hierarchy of symbolic value ism, if that individual decides to de- us a chance to deal with the common that State comes above church; that stroy or deface any other symbol, no misapprehension and misunderstanding the embodiment of the Government matter how profound, that is okay. H4048 CONGRESSIONAL RECORD — HOUSE July 17, 2001 It seems to me that leaves us in an change. We have to make the change to those who came before us were willing untenable position. Because either we protect what America was built on; to place their lives, their fortunes, and believe that what an individual does to those freedoms that are very important their sacred honor for those freedoms, I express himself or herself is not a mat- to us. That flag is part of that freedom think we can risk some votes to secure ter for the law, or we say we value this and that symbol and represents every their continuance. one symbol but we devalue all the oth- American, every individual in this We have debated this amendment ers. I think we are better off as a soci- country. many times. We all know the argu- ety letting people express themselves Mr. CONYERS. Mr. Speaker, I am ments. It might be easy to trivialize as freely as possible and having the pleased to yield such time as he may the question we have debated so many rest of us argue against it. The alter- consume to the gentleman from New times, but this is serious business be- native is to set the principle that if the York (Mr. NADLER), the ranking mem- cause we are talking about amending Government does not outlaw some- ber on the Subcommittee on the Con- the first amendment, the queen of the thing, it is somehow condoning it. And stitution of the Committee on the Ju- amendments that have protected our if it does not outlaw the desecration of diciary. freedoms since the beginning of our Na- a particular symbol, it somehow de- Mr. NADLER. Mr. Speaker, I rise in tion. values that symbol. opposition to this misguided constitu- If any Member has any doubts about I think that will do more damage be- tional amendment and urge my col- whether this amendment is about pro- cause it will leave more valuable sym- leagues to vote against it. tecting the flag or is really about con- bols in fact devalued by being excluded We are faced today with a choice that straining freedom of expression, they from this new form of protection. So I will be, for many Members of this body, should ask themselves, what is the dif- hope the amendment is defeated. a difficult one. The choice, put simply, ference between burning an old tat- Mr. SENSENBRENNER. Mr. Speak- is between a symbol, a revered symbol, tered flag, which U.S. law and the er, I yield 2 minutes to the gentleman and the fundamental values it rep- American Legion tell us is the appro- from California (Mr. BACA). resents. The flag of the United States priate, respectful way to dispose of a Mr. BACA. Mr. Speaker, I stand in is a symbol. It is a symbol that has the flag, and burning it at a protest rally? support of H.R. 36, to give Congress the power to move people deeply. When we There is only one difference, and that power to outlaw flag burning. see the picture of the flag being raised is the opinion, the political opinion, As a veteran, this issue is very im- by the Marines over Mt. Suribachi or the message being conveyed, and we portant and close to my heart. As we when we see it draped over a casket or are criminalizing the message. look at it not only as a veteran but as when we see it being carried in the We have all seen, I would assume ev- we look at what has been said right streets as a symbol of the fight for so- eryone in this Chamber has watched now, people have talked about the con- cial justice, as it was by Dr. King and movies over the years, and we have stitutional amendment dealing with so many other courageous individuals seen movies in which actors play expression, freedom of expression, the over the years who fought to ensure enemy soldiers, Nazi soldiers, Chinese right to liberty. We also have the right that America would one day live up to Communist soldiers in Korea; and dur- to interpret, when we look at the Con- its promise, it is hard not to be moved. ing that movie they desecrate the stitution, to examine what our fore- Indeed, Mr. Speaker, as we stand here American flag, they tear it to bits or fathers, who wrote the legislation today debating what would be the very trample upon it or spit upon it or burn sometime ago, actually meant. And first amendment to the Bill of Rights, it. No one suggests we ought to arrest the actors. No one suggests the actors sometimes there is time for a change, I feel humbled to look at the flag hang- have committed a crime because they and this is a time for a change that we ing behind you in this Chamber and are playing a role. The only crime this have to realize. know that a very heavy responsibility As a symbol, many of our veterans weighs on every Member of this House. amendment seeks to create is not for have fought for our country. Because of We have heard and will hear many those actors to destroy the flag in the sacrifices they have made, we enjoy moving arguments about the sacrifices some future movie, it is for someone to peace and freedom today. Because of made for the flag, of the people who burn the flag or otherwise disrespect it that symbol many individuals have died for the flag, the soldiers, of the in the course of a political protest. That is why the Supreme Court, died. When we look at someone who importance of the flag to so many quite rightly, said we cannot make has been buried and the flag is turned Americans. But the real significance of that illegal because it is the core polit- over to the family, it is that symbol the flag is those important values, the ical speech that we would be making il- that is turned over. When I turn around fundamental freedoms, and the way of legal. It is not the flag at issue; it is and look at the flag behind me, it is life it represents. That is why so many the opinion being expressed. that symbol I salute. When I attend a have sacrificed so much. Not for the Do my colleagues know current Fed- service, it is that symbol I salute. peace of colored cloth, but for those eral law makes it a crime to use the When I see the changing of the colors, values. And we dishonor their sacrifice, flag in advertising, including political it is that symbol, it is what America is. we ensure that those sacrifices were advertising? That is current law be- It is what this country was founded on. made in vain if we now start down the cause Congress thought it was dis- To everyone who has fought for us, road to undermine the freedoms the respectful to use the flag in advertise- from the beginning to now, in each and flag represents, allegedly to protect the ments. If this amendment passes, that every one of our wars, it is a form of flag. law will be enforceable. Now it is not Let us not revere the symbol over expression. It is one we should have. because it is unconstitutional. Yet I what it represents. Let us not render We should never ever desecrate the would venture to say that most Mem- our flag a hollow symbol. It has been flag. bers of this Congress have violated that When we look at many of the vet- said that the sin of idolatry is the sin law by using the flag in political ads. Is erans that are willing to sacrifice and of elevating the symbol over the sub- it the intent of the sponsors to crack stand up and fight for us, what have stance. The substance we are talking down on that form of flag desecration? they done? Are we going to say that about is liberty and freedom of expres- Mr. Speaker, our freedoms are more they have gone out and fought in every sion. It is that that we must protect, important than any one individual who war and that we do not realize there is and it is that which this amendment wants to make a point by burning a a symbol? When someone fell with that jeopardizes. flag. Our country has survived those Mr. Speaker, veterans, General Colin flag and someone else picked it up and few individuals who want to burn the Powell, religious leaders, and many they charged, why did they do that? flag. Because it is a symbol of freedom, free- other Americans understand how im- dom of expression for our area. portant our freedom of expression real- b 1330 We must stand up and protect the ly is, even if that expression is some- Our country will rise above it in the flag. And let me tell my colleagues, times politically unpopular, even if it future. anyone who desecrates the flag, shame may offend people, even if it makes The real damage to the flag is that on us, shame on them. It is time for a people angry, even if it costs votes. If too many people may be willing to July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4049 desecrate our Bill of Rights to make a ers surrounded Boyd and the two and 50 women of the town, taken into a political point. That is something that women and blows were struck back and brilliantly lighted downtown street and will be very hard for this Nation to rise forth, the women fighting valiantly to forced to kiss the American flag to- above, and that is why this amendment defend Boyd. He cried out he was an night under pain of being hanged from must be defeated. Englishman and did not have to get up, nearby telephone poles. Mr. SENSENBRENNER. Mr. Speak- but the crowd would not listen to ex- What do these stories have to do with er, I yield 1 minute to the gentleman planation. this very important and heartfelt de- from New Jersey (Mr. PASCRELL). Boyd was beaten severely when Al- bate today so ably conducted by the Mr. PASCRELL. Mr. Speaker, I rise bert Dasburg, a head waiter, succeeded chairman and ranking member? today to pledge my enthusiastic sup- in reaching his side. Other waiters The decision we make today, it seems port for the flag protection amend- closed in and the fray was stopped. The to me, is a balancing, a weighing, of ment. I will be darned if I am going to guests insisted upon the ejection of what best preserves freedom for Ameri- accept the technicalities that we talk Boyd and his companions, and they cans. There may well be a decrease in about and we have heard this after- were asked to leave. They refused to do public deliberate incidents of flag dese- noon. so and they were escorted to the street cration, acts that we all deplore, if this I know the law is technical, but we and turned over to a policeman who amendment becomes part of our Con- are bogged down in technicalities. took Boyd to the West 47th Street Sta- stitution, although they are already There is a breeze, a gentle breeze going tion, charged with disorderly conduct. quite rare. through these Chambers today. Seven Before Magistrate Corrigan in Night On the other side of the ledger, if this hundred thousand brave men and Court Boyd repeated that he did not amendment becomes part of our Con- women gave their lives since the begin- have to rise at the playing of the na- stitution, in my opinion it will become ning of this Republic. We ought to seize tional anthem, but the court told him a constitutionally sanctioned tool for back the responsibilities given to us by that while there was no legal obliga- the majority to tyrannize the minor- the voters. We should never kowtow to tion, it was neither prudent nor cour- ity. As evidenced by these anecdotes any other branch of government, re- teous not to do so in these tense times. from a time of great divisiveness in our gardless of their decision. Boyd was found guilty of disorderly Nation’s history, a time much different The Supreme Court is not absolute. conduct and was released on suspended from today, government, which ulti- Only God is absolute on any decision. sentence. mately is human beings with all of our The fact that we quote Justice Scalia Another one, July 2, 1917. Headline: strengths and weaknesses, will use this makes me stronger in my conviction Boston ‘‘Peace’’ Parade Mobbed. Sol- amendment to question the patriotism that we must pass this. diers and Sailors Break Up Socialist of vocal minorities, will use it to find This is not just any other symbol to Demonstration and Rescue Flag. So- excuses to legally attack demonstra- my colleagues and brothers. I am cialist Headquarters Ransacked and tions which utilize the flag in an other- sorry. This is not just any other sym- Contents Burned, Many Arrests for wise appropriate manner, except for bol. This is the symbol of democracy, Fighting. the fact that the flag is carried by Mr. Speaker. We are here to uphold Riotous scenes attended a Socialist those speaking for an unpopular minor- that symbol. I am proud to stand with parade today which was announced as a ity. those who support this resolution. peace demonstration. The ranks of the Mr. Speaker, I do not think our Con- Mr. CONYERS. Mr. Speaker, I yield 5 marchers were broke up by self-orga- stitution will be improved nor our free- minutes to the distinguished gen- nized squads of uniformed soldiers and doms protected by placing within it en- tleman from Arkansas (Mr. SNYDER). sailors, red flags and banners bearing hanced opportunity for minority views Mr. SNYDER. Mr. Speaker, at the socialistic mottos were trampled on, to be legally attacked ostensibly be- end of this month I have a law review and literature and furnishings in the cause of their misuse of the flag, but in article coming out in a University of Socialist headquarters in Park Square reality because of views that many Arkansas at Little Rock Law Review were thrown into the street and consider out of the mainstream. on the congressional oath of office. It burned. Mr. Speaker, I urge a ‘‘no’’ vote on is a rambling discussion probably guar- At Scollay Square there was a simi- this proposed amendment and for the anteed to put the reader to sleep, but it lar scene. The American flag at the same reasons a ‘‘no’’ vote on the sub- pulls together some of the history of head of the line was seized by the at- stitute. the Congressional oath of office. I in- tacking party, and the band, which had Mr. SENSENBRENNER. Mr. Speak- tend to distribute it to all Members been playing ‘‘The Marseillaise,’’ with er, I yield 2 minutes to the gentleman next month and seek out their some interruptions, was forced to play from Mississippi (Mr. SHOWS). thoughts and criticisms. ‘‘The Star Spangled Banner,’’ while Mr. SHOWS. Mr. Speaker, I rise In the course of that research, I ran cheers were given for the flag. today in support of House Joint Reso- across some vignettes from history From April 5, 1912. Headline: Forced lution 36, which would outlaw the phys- that I think are relevant to this debate to Kiss the Flag. 100 Anarchists Are ical desecration of the American flag. today. Let me share with you some Then Driven from San Diego. Our flag represents the cherished news stories taken from the New York Nearly 100 industrial workers of the freedoms Americans enjoy to the envy Times in years of great strife world- world, all of whom admitted they were of other Nations. To our Nation’s vet- wide. anarchists, knelt on the ground and erans and military retirees, it is a con- The first one I would like to read is kissed the folds of an American flag at stant reminder of the ultimate sac- from April 7, 1917. Headline: Diners Re- dawn today near San Onofre, a small rifice they have made. Destroying our sent Slight to the Anthem. Attack a settlement a short distance this side of flag is an affront to all Americans, but Man and Two Women Who Refuse to the Orange County boundary line. to veterans and military retirees it is Stand When It Is Played. The ceremony, which was most much more than that. Our veterans and There was much excitement in the unwillingly performed, was witnessed military retirees have put their lives main dining room at Rector’s last by 45 deputy constables and a large on the line for our country, and the night following the playing of the body of armed citizens of San Diego. American flag is one thing they can ‘‘Star Spangled Banner.’’ Frederick S. And the last one from March 26, 1918: hold and say, ‘‘This is what I have de- Boyd, a former reporter on the New Pro-Germans Mobbed in Middle West. fended with my life.’’ York Call, a Socialist newspaper, was Disturbances Start in Ohio and are Re- My father was a prisoner of war in dining with Miss Jessie Ashley and newed in Illinois, Woman Among Vic- World War II, captured at the Battle of Miss May R. Towle, both lawyers and tims. the Bulge. He fought to protect our suffragists. Five businessmen of Delphos, a Ger- democratic freedoms. If I did not vote The three alone of those in the room man settlement in western Allen Coun- for this resolution today, he would remained seated. There were quiet, ty near here, accused of pro-Ger- whip me, and I am 54 years old. then loud and vehement protests, but manism, were hunted out by a volun- Mr. Speaker, he did not fight to let they kept their chairs. The angry din- teer vigilance committee of 400 men Americans destroy the very symbol of H4050 CONGRESSIONAL RECORD — HOUSE July 17, 2001 their very freedoms that he was willing combined could not diminish the con- decide to start a cottage industry and to die for. Destroying the flag is tanta- stitutional right of even one single make flags with 55 stars and burn mount to physically assaulting those American. Yet, in an act of cowardice, them, will we rush to the floor to heroes who would lay down their lives we are about to do what they could amend the Constitution again? for their country. It is against the law not. If they add a stripe or two and set it for one American to assault another, Mr. Speaker, where are the patriots? ablaze, surely it would look like our and so should it be against the law for Where are the patriots? Whatever hap- flag, but is it? Do we rush in and count one American to assault an entire class pened to fighting to the death for the the stripes before we determine wheth- of American heroes. rights of someone with whom we dis- er or not we are constitutionally of- Mr. Speaker, we need to honor Amer- agree? We now choose, instead, to react fended? What if the stripes are orange ica’s heroes and pass the resolution. by taking away the right to protest. instead of red? How do we interpret Mr. CONYERS. Mr. Speaker, I yield 8 Even a despicable low-life malcontent that? What mischief do we do here? If minutes to the gentleman from New has a right to disagree, and he has the it is a full color, full-sized picture of a York (Mr. ACKERMAN). right to disagree in an obnoxious fash- flag that they burn, is it a crime to (Mr. ACKERMAN asked and was ion if he wishes. That is the true test of desecrate a symbol of a symbol? What given permission to revise and extend free expression, and we are about to are we doing? his remarks.) fail that test. Our beloved flag represents this great Mr. ACKERMAN. Mr. Speaker, the Real patriots choose freedom over Nation, Mr. Speaker. We love our flag Founding Fathers must be very puzzled symbolism. That is the ultimate con- because there is a republic for which it looking down on us today. Instead of test between substance and form. Why stands, made great by a Constitution seeing us dealing with the very real does the flag need protecting? Is it an that we have sworn to protect, a Con- challenges that face our Nation, they endangered species? Burning one flag stitution given to our care by giants see us laboring again under this com- or burning 1,000 flags does not endanger and about to be nibbled to death by pulsion to amend the document that it. It is but a symbol. But change just dwarfs. underpins our democracy. They see a one word of the Constitution of this Mr. Speaker, I call upon the patriots house of dwarfs trying to give this gov- great Nation, and it and we will never of the House to rise and to defend the ernment a great new power at the ex- be the same. Constitution, to resist the temptation pense of the people and, for the first We cannot destroy a symbol. Yes, to drape ourselves in the flag and to time, to stifle dissenters and the way people have burnt the flag, but, Mr. hold sacred the Bill of Rights. Defend in which they dissent. Speaker, it still exists. There it is, our Constitution. I urge the defeat of The threat must be great, they must hanging right in back of us. It rep- this ill-conceived amendment. be saying, to justify changing the Bill resents our beliefs. Mr. SENSENBRENNER. Mr. Speak- of Rights for the first time and de- Poets and patriots will tell us men er, I yield 5 minutes to the gentleman creasing rather than increasing the have died for the flag, but that lan- from Illinois (Mr. HYDE), the distin- rights of the people. They see our be- guage itself is symbolic language. Peo- guished former chairman of the Com- loved Bill of Rights being eroded into ple do not die for symbols. They fight mittee on the Judiciary. the Bill of Rights and Restrictions. and they die for freedom. They fight (Mr. HYDE asked and was given per- What is the threat? What is the and they die for democracy. They fight mission to revise and extend his re- threat, Mr. Speaker? I ask again, what and they die for values. To fight and marks.) is the threat? Is our democracy at risk? die for the flag is to fight and die for Mr. HYDE. Mr. Speaker, I do not in- What is the crisis to the Republic? the cause in which we believe. Today tend to ascribe cowardice or lack of pa- What is the challenge to our way of some would have us change all of that. triotism to people who disagree with life? Where is our belief system being We love and we honor and respect our me, although I listened to the last threatened? Are people jumping from flag for that which it represents. It is speaker ask, where are the patriots? I behind parked cars, waving burning different from all other flags. I notice could direct him to some. Try BOB flags at us, trying to prevent us from in the amendment that we do not make STUMP who lied about his age so he getting to work and causing America it illegal to burn someone else’s flag in could enlist in the Navy in World War to grind to a halt? someone else’s country, and that is be- II. There are plenty of patriots around. Mr. Speaker, do we really believe cause our flag is different. I have earned the right to stand here that we are under such a siege because and debate this issue because I fought of a few lose cannons? Do we need to b 1345 in combat in the South Pacific in change our Constitution to save our de- No, not because of the colors or the World War II. I like to think I am al- mocracy, or are we simply offended? shape or the design. They mostly have most as patriotic as the gentleman The real threat to our society is not stars and some have stripes and scores named ACKERMAN. the occasional burning of a flag, but and dozens are red, white, and blue. I heard rights, rights, rights. Not one the permanent banning of the burners. Our flag is unique because it rep- word about responsibility. Responsi- The real threat is that some of us have resents our unique values. It represents bility. But that is part of this debate. now mistaken the flag for a religious tolerance for dissent. This country was This is a good debate. We ought to once icon to be worshipped as pagans would, founded by dissenters that others found in a while look at our core principles rather than to be kept as the beloved obnoxious. and see if there is anything that distin- symbol of our freedom that is to be What is a dissenter? In this case it is guishes us from the rest of the world. cherished. a social protester who feels so strongly We look around this Chamber and we These rare but vile acts of desecra- about an issue that he would stoop so see the splendid diversity of America. tion that have been cited by those who low as to try to get under our skin, to We see men and women whose great would propose changing our founding try to rile us up to prove his point, and grandparents came from virtually document do not threaten anybody. If to have us react by making this great every corner of the globe. What holds a jerk burns a flag, America is not Nation less than it was. this democratic community together? threatened. If a jerk burns a flag, de- How do we react? Dictators and dic- A common commitment to certain mocracy is not under siege. If a jerk tatorships make political prisoners of moral norms. That is the foundation of burns a flag, freedom is not at risk and those who burn their Nation’s flags, our democratic experiment. we are not threatened. My colleagues, not democracies. We tolerate dissent Human beings do not live by abstract we are offended; and to change our and dissenters, even the despicable dis- ideas alone. Those ideas are embodied Constitution because someone offends senters. in symbols. And what is a symbol? A us is in itself unconscionable. What is the flag, Mr. Speaker? The symbol is more than a sign. A sign con- Mr. Speaker, the courts have said American flag? Yes, it is a piece of veys information. A symbol is much that the flag stands for the right to cloth. It is red, it is white and blue. It more richly textured. A symbol is ma- burn the flag. The Nazis and the Fas- has 50 stars and 13 stripes. But if we terial reality that makes a spiritual re- cists and the Imperial Japanese Army pass this amendment and desecrators ality present among us. An octagonal July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4051 piece of red metal on a street corner is brance of their beloved to treat that the Constitution and its Bill of Rights. a sign. The flag is a symbol. Vandal- flag with anything less than reverence American veterans who have protected izing a No Parking sign is a mis- and respect. our banner in battle have not done so demeanor, but burning the flag is a One hundred eighty-seven years ago to protect a ‘golden calf.’ A patriot hate crime, because burning the flag is during the British bombardment of cannot be created by legislation.’’ an expression of contempt for the Baltimore, Francis Scott Key looked He was the national commander of moral unity of the American people toward Fort McHenry in the early the American Legion. So I am not less that the flag symbolically makes dawn and asked his famous question. patriotic because I take this different present to us every day. To his joy he saw our flag was still position. Why do we need this amendment there. And how surprised he would be Another Member earlier mentioned now? Is there a rash of flag burning to learn our flag is even planted on the that this could possibly be a property going on? Certainly not. But we live in Moon. rights issue. I think it has something a time of growing disunity. Our society But, most especially, it is planted in to do with the first amendment and is pulled apart by the powerful cen- the hearts of every loyal American. freedom of expression. That certainly trifugal force of racism, ethnicity, lan- Four Supreme Court justices agreed is important, but I think property guage, culture, gender, and religion. with us. A ton of professors agree with rights are very important here. If you Diversity can be a source of strength, us. This is not a settled issue. Five to have your own flag and what you do but disunity can be a source of peril. If four Supreme Court justices come with it, there should be some recogni- you stop and think, the world is torn down on the side of the flag. tion of that. But the retort to that is, by religious and ethnic divisions that Mr. CONYERS. Mr. Speaker, I am oh, no, the flag belongs to the country. make war and killing and death and pleased to yield 4 minutes to the gen- The flag belongs to everybody. Not terror the norm in so many countries: tleman from Texas (Mr. PAUL). really. If you say that, you are a col- Ireland, the Middle East, the Balkans, (Mr. PAUL asked and was given per- lectivist. That means you believe ev- Rwanda. Look around the globe and see mission to revise and extend his re- erybody owns everything. Who would what hate can do to drive fellow human marks.) manufacture the flags? Who would buy beings apart. Mr. PAUL. I thank the gentleman for the flags? Who would take care of This legislation makes a statement yielding me this time. them? So there is an ownership. If the that needs to be made, that our flag is Mr. Speaker, I do not think what we Federal Government owns a flag and the transcendent symbol of all that are doing here today is a contest be- you are on Federal property, even, America stands for and aspires to be tween who is the most patriotic. I do without this amendment, you do not and hence deserves special protection not think that is it at all. Nobody here have the right to go and burn that flag. of the law. in the debate is unpatriotic. But I If you are causing civil disturbances, We Americans share a moral unity think the debate is possibly defining that is handled another way. But this expressed so profoundly in our coun- patriotism. whole idea that there could be a collec- try’s birth certificate, the Declaration But I am concerned that we are going tive ownership of the flag, I think, is of Independence. ‘‘We hold these truths to do something here today that Castro erroneous. The first amendment, we must re- to be self-evident,’’ Jefferson wrote. did in Cuba for 40 years. There is a pro- member, is not there to protect non- The truth that all are equal before the hibition against flag burning in Cuba. controversial speech. It is to do exactly law. We share that, across race, gender, And one of the very first things that the opposite. So, therefore, if you are religion. The truth that the right to Red China did when it took over Hong looking for controversy protection it is life and liberty is inalienable and invi- Kong was to pass an amendment simi- found in the first amendment. But let olable. The truth that government is lar to this, to make sure there is no me just look at the words of the intended to facilitate and not impede desecration of the Red Chinese flag. That is some of the company that we amendment. Congress, more power to the people’s pursuit of happiness. the Congress. Congress will get power, Adherence to these truths is the are keeping if we pass this amendment. not the States. That is the opposite of foundation of civil society, of demo- A gentleman earlier on said that he everything we believe in or at least cratic culture in America. fears more of what is happening from profess to believe in on this side of the And what is the symbol of our moral within our country than from without. I agree with that. But I also come down aisle. unity amidst our racial, ethnic, and re- To prohibit. How do you prohibit on the side that is saying that the ligious diversity? Old Glory, the stars something? You would need an army threat of this amendment is a threat to and stripes. on every street corner in the country. me and, therefore, we should not be so In seeking to provide constitutional You cannot possibly prevent flag burn- protection for the flag, we are seeking anxious to do this. I do not think you ing. You can punish it but you cannot to protect the moral unity that makes can force patriotism. prohibit it. That word needs to be I also agree with the former speaker American democracy possible. We have changed eventually if you ever think spent the better part of the last 30 who talked about responsibility. I you are going to get this amendment years telling each other, shouting to agree it is about responsibility. But it passed. each other, all the things that divide also has something to do with rights. Physical desecration. Physical, what us. It is time to start talking about the You cannot reject rights and say it is does it mean? If one sits on it? Do you things that unite us, that make us all, all responsibility and therefore we have arrest them and put them in jail? Dese- together, Americans. The flag is the to write another law. Responsibility cration is a word that was used for reli- embodiment of the unity of the Amer- implies a voluntary approach. You can- gious symbols. In other words, you are ican people, a unity built on those not achieve patriotism by either going to lower the religious ‘‘self-evident’’ truths on which the authoritarianism, and that is what we symbols to the state or you are going American experiment rests, the truths are talking about here. to uphold the state symbol to that of which are our Nation’s claim to be a I think we all agree with respect to religion. So, therefore, the whole word just society. the flag and respect for our country. It of desecration is a word that was taken Let us take a step toward national is all in how we intend to do this. And from religious symbols, not state sym- reconciliation, and toward constitu- also this idea about veterans, because bols. Maybe it harks back to the time tional sanity, by adopting this amend- you are a veteran that you have more when the state and the church was one ment. The flag is our connection to the wisdom. I do not think so. I am a vet- and the same. past and proclaims our hopes and aspi- eran, but I disagree with other vet- I urge a ‘‘no’’ vote on this amend- rations for the future. erans. Keith Kruel, who was a past na- ment. Too many Americans have marched tional commander of the American Le- Mr. Speaker, loyalty and conviction are ad- behind it, too many have come home in gion had this to say: mirable traits, but when misplaced both can a box covered by the flag, too many ‘‘Our Nation was not founded on de- lead to serious problems. parents and widows have clutched the votion to symbolic idols, but on prin- More than a decade ago, an obnoxious man flag to their hearts as the last remem- ciples, beliefs, and ideals expressed in in Dallas decided to perform an ugly act: the H4052 CONGRESSIONAL RECORD — HOUSE July 17, 2001 desecration of an American flag in public. His The correct solution is to reassert the 10th YERS) for yielding me time. I did have action violated a little-known state law prohib- Amendment. The states should be unshackled the benefit of working for his father as iting desecration of the flag. He was tried in from unconstitutional federal restrictions. an international representative when state court and found guilty. As a proud Air Force veteran, my stomach John was still running around trying As always seems to be the case, though, turns when I think of those who defile our flag. to find out whether or not he was going the federal government intervened. After wind- But I grow even more nauseous, though, at to Congress. So it is a pleasure to ing through the federal system, the Supreme the thought of those who would defile our pre- come, Mr. Speaker, to the floor and Court—in direct contradiction to the Constitu- cious constitutional traditions and liberties. benefit from all of this historic and in- tion’s 10th Amendment—finally ruled against Loyalty to individual liberty, combined with a tellectual dialogue that preceded me. the state law. conviction to uphold the Constitution, is the I come here today to exercise a con- Since then Congress has twice tried to over- best of what our flag can represent. stitutional right granted to me as a turn more than 213 years of history and legal Mr. SENSENBRENNER. Mr. Speak- citizen of the United States, and that tradition by making flag desecration a federal er, I yield 2 minutes to the gentleman is freedom of speech. I have a great crime. Just as surely as the Court was wrong from Indiana (Mr. PENCE). deal of reverence for the United States in its disregard for the Tenth Amendment by (Mr. PENCE asked and was given per- flag. I wave it at my residence every improperly assigning the restrictions of the mission to revise and extend his re- opportunity, and am very saddened by First Amendment to the states, so are at- marks.) those flags that are often lowered over tempts to federally restrict the odious (and Mr. PENCE. I thank the gentleman capitols and buildings in commemora- very rare) practice of Americans desecrating for yielding me this time. tion of some fallen hero, if you will. the flag. Mr. Speaker, after surviving the My adoration and respect, however, After all, the First Amendment clearly states bloodiest battlefield since Gettysburg, does not exceed my commitment to the that it is Congress that may ‘‘make no laws’’ a brave platoon of Marines trudged up integrity of the first amendment of the and is prohibited from ‘‘abridging’’ the freedom Mount Suribachi on Sulfur Island with United States Constitution. Many of us of speech and expression. While some may a simple task, to raise the flag above learned in our educational experience not like it, under our Constitution state govern- the devastation below. When the flag of Patrick Henry, who said, ‘‘I may not ments are free to restrict speech, expression, was raised by Sergeant Mike Strank agree with the words that you say, but the press and even religious activities. The and his platoon, history records that a certainly would defend your right to states are restrained, in our federal system, by thunderous cheer rose from our troops say it.’’ As I recall, Patrick Henry was their own constitutions and electorate. on land and on sea, in foxholes and on in fact one of the signers of the Con- stretchers. Hope returned to that field stitution. This system has served us well for more of battle when the American flag began One of my first and foremost com- than two centuries. After all, our founding fa- flapping in the wind. mitments as a Member here is on be- thers correctly recognized that the federal gov- It is written that without a vision, half of our country’s veterans. My ernment should be severely limited, and espe- the people perish. The flag, Mr. Speak- name, Julia Carson, is derived from a cially in matters of expression. They revolted er, was the vision that inspired and ral- Korean War Marine, 100 percent serv- against a government that prevented them lied our troops at Iwo Jima. The flag is ice-connected veteran, who struggles from voicing their politically unpopular views still the vision for all Americans who now to even gain any type of mobility. regarding taxation, liberty and property rights. still cherish those who stood ready to I am very supportive of veterans and As a result, the founders wanted to ensure make the necessary sacrifices. recognize their interests in preserving that a future monolithic federal government Mr. Speaker, by adopting this flag this flag. My son, Sam Carson, is a would not exist, and that no federal govern- protection amendment, we will raise former member of the United States ment of the United States would ever be able Old Glory yet again. We will raise her Marine Corps. to restrict what government officials might find above the decisions of a judiciary So, as a ranking member of the Com- obnoxious, unpopular or unpatriotic. After all, wrong on both the law and the history. mittee on Veterans’ Affairs Sub- the great patriots of our nation—George And in some small way, we will raise committee on Oversight and Investiga- Washington, Thomas Jefferson, Patrick Henry, the flag above the cynicism of our tion, I am working hard to address the and Benjamin Franklin—were all considered times, saying to my generation of needs of our veterans, to assure that disloyal pests by the British government. Americans those most unwelcome of the fight for freedom does not go Too often in this debate, the issue of patriot- words, ‘‘There are limits.’’ To say to unappreciated or uncompensated. ism is misplaced. This is well addressed by my generation of Americans, out of re- Great Americans such as Vietnam Keith Kruel, an Army veteran and a past na- spect for all those who serve beneath it veteran and former Senator Kerry, tional commander of the American Legion. He and some who died within the sight of former head of the Joint Chiefs of Staff has said that, ‘‘Our nation was not founded on it, that there are boundaries necessary and our current Secretary of State, the devotion to symbolic idols, but on principles, to the survival of freedom. Honorable Colin Powell, have expressed beliefs and ideals expressed in the constitution their opposition to this amendment. 1400 and its Bill of Rights. American veterans who b These are great men who served this have protected our banner in battle have not C.S. Lewis said, ‘‘We laugh at honor, country with distinction. done so to protect a ‘golden calf.’ . . . A patriot and we are shocked to find traitors in General Powell has stated, ‘‘If they cannot be created by legislation.’’ our midst.’’ Leave us this day to cease are destroying a flag that belongs to Our nation would be far better served that if to laugh at honor, to elevate to dis- someone else, that is a prosecutable instead of loyalty to an object—what Mr. Kruel honor of our unique national symbol to crime. But if it is a flag they own, I calls the ‘‘golden calf’’—we had more Mem- some sacred right, and let us pass this really don’t want to amend the Con- bers of Congress who were loyal to the Con- amendment to restore Old Glory the stitution to prosecute someone for stitution and principles of liberty. If more peo- modest protections of the law that foolishly desecrating their own prop- ple demonstrated a strong conviction to the those who venerate her so richly de- erty. We should condemn them and Tenth Amendment, rather than creating even serve. pity them instead.’’ more federal powers, this issue would be far Vote yes to the resolution and raise These men feel that in spite of their better handled. the American flag to her Old Glory own commitment to the integrity of For more than two centuries, it was the again. the American flag, they do not want states that correctly handled the issue of flag Mr. CONYERS. Mr. Speaker, I am their personal views to infringe on the desecration in a manner consistent with the pleased to yield 3 minutes to the gen- rights of free speech of other Ameri- principle of federalism. When the federal tlewoman from Indiana (Ms. CARSON) cans. courts improperly intervened, many people un- who, previous to her congressional ex- Francis Scott Key wrote, and we all derstandably sought a solution to a very emo- perience, worked in the field of labor recall that tune, ‘‘O’er the ramparts we tional issue. But the proposed solution to en- with my late father. watch’d, were so gallantly streaming. large the federal government and tread down Ms. CARSON of Indiana. Mr. Speak- And the rockets’ red glare, the bombs the path of restricting unpopular political ex- er, I certainly thank the honorable bursting in air, gave proof through the pression, is incorrect, and even frightening. gentleman from Michigan (Mr. CON- night that our flag was still there. O July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4053 say, does that star spangled banner yet our way of life and to ensure that our ican people in poll after poll show their wave, o’er the land of the free and the children enjoy the same freedoms for support for this amendment, and this is home of the brave?’’ which we fought.’’ a bipartisan effort. It does still wave, Mr. Speaker, de- Mr. Heyman’s great grandfather was The U.S. Supreme Court has histori- spite House Resolution 36. Our flag will a Pennsylvania Regular during the cally shared our view. Such great still be there. The constitutional Civil War; his father served in the Navy champions of civil liberty and free ex- amendment proposed here today is to- during World War I; his brother fought pression as Hugo Black and Earl War- tally unnecessary. That is why I am in World War II; and one of his children ren when they served on the Supreme going to vote against it. served in the Army following the Viet- Court made clear their beliefs that flag Mr. SENSENBRENNER. Mr. Speak- nam War. desecration was not protected by the er, I yield 2 minutes to the distin- Bill McCloskey, a Vietnam War vet- first amendment. As Justice Black guished gentleman from Texas (Mr. eran from Bethesda, Maryland, said, stated, ‘‘It passes my belief that any- SAM JOHNSON). ‘‘Ultimately, Americans and our rep- thing in the Federal Constitution bars (Mr. SAM JOHNSON of Texas asked resentatives on Capitol Hill must real- making the deliberate burning of the and was given permission to revise and ize that when a flag goes up in flames, American flag an offense.’’ extend his remarks). only a multi-colored cloth is destroyed. So we are simply setting the record Mr. SAM JOHNSON of Texas. Mr. If our freedoms are lost, the true fabric straight. As Chief Justice William Speaker, it is a tremendous honor for of our Nation is frayed and weakened.’’ Rehnquist said in his dissenting opin- me to be here today to support the pro- Brad Bustany, West Hollywood, Cali- ion, ‘‘Surely one of the high purposes tection of our American heritage, a fornia, a Gulf War veteran, said, ‘‘My of a democratic society is to legislate symbol and a reminder of our cherished military service was not about pro- against conduct that is regarded as evil freedom, the American flag. The flag is tecting the flag; it was about pro- and profoundly offensive to the major- a symbol of the birth of this great Na- tecting the freedoms behind it. The ity of people, whether it be murder, tion and the many wars fought to win flag amendment curtails free speech embezzlement, pollution or flag burn- our freedom. and expression in a way that should ing.’’ I spent 7 long years as a POW in Viet- frighten us all.’’ Burning the flag is not speech deserv- nam, half of that in solitary confine- And how will Congress begin defining ing protection. It is a despicable act. I ment. I think you heard the gentleman what the flag and desecration even urge my colleagues to support this con- from California (Mr. CUNNINGHAM) re- mean? Our flag is ubiquitous. It is stitutional amendment. late earlier the story of Mike Chris- found in such places as commerce, art Mr. CONYERS. Mr. Speaker, I am tian, who was beaten for making a flag. and memorials. Will Congress bar dis- pleased to yield 2 minutes to the gen- He sewed that flag to remind himself of play of the flag on brand-name apparel, tleman from Tennessee (Mr. CLEMENT). home and the freedom that it stands defining it as desecration? Will flag Mr. CLEMENT. Mr. Speaker, I might for. It was a symbol and great comfort bathing suits be desecration, and thus say, the people of New York would be to all of us. As POWs, we would pledge prohibited? How will Congress enforce proud of you up there today. allegiance and salute it each day. That such an amendment? Where will this Mr. Speaker, I thank the gentleman tiny, tiny flag sewn together meant so begin and where will it end? from Michigan (Mr. CONYERS) very much to us, far, far away from home, Freedom of speech, even when it much. The gentleman has served the more than words can describe. hurts, and it does hurt many of us, is State of Michigan in such an exem- I stand here today to honor all our the truest test of our dedication to the plary way for so many years. And I military men and women who have principles that our flag represents. might say about him too, I used to live fought throughout the years for this Punishing desecration of the flag de- in the State of Michigan, even though great Nation. ludes the very freedom that makes this it did not change my accent. How about the Marine memorial, the emblem so precious, so revered, and This bill is not about one’s freedom Iwo Jima Memorial? Does that not worth revering. of speech; it is about one’s respect for mean something to you? I think that I urge my colleagues to vote no on our country and the rights provided by flag meant something to those boys this amendment and yes to upholding it. that put it up there. our Constitution and our democracy. As a veteran of the U.S. Army and The Middlekauff Ford dealership in Mr. SENSENBRENNER. Mr. Speak- serving 29 years in the Army National Plano, Texas built a huge flagpole and er, I yield 2 minutes to the gentleman Guard, I do not have to be told about put an oversized flag on it. Do you from Virginia (Mr. GOODLATTE). the need to respect our flag. But there know what? Some of the people said, It Mr. GOODLATTE. Mr. Speaker, I are many out there who take this sym- makes too much noise when the wind would like to thank the chairman of bol for granted. It seems as though blows. It keeps us awake at night. the Committee on the Judiciary for they fail to recognize what has been Do you know what Rick Middlekauff yielding me this time and for his lead- sacrificed over the past 225 years of our said? He said, ladies and gentlemen, ership on this issue as we once again existence. that is the sound of freedom. And he try to set the record straight. The flag not only serves as a sacred left it up there, and they quit griping This has been a great debate, but I symbol of the principles upon which about it. have been appalled by some on the our Nation was founded, it also rep- It is something that I think that we other side who have suggested that the resents the many sacrifices our vet- must respect. We must treat it with re- flag amendment is going to change the erans have made throughout the his- spect and protect it from desecration. Bill of Rights to our Constitution. It tory of our Nation to protect our pre- Mr. CONYERS. Mr. Speaker, I am does nothing of the sort. cious freedoms and preserve our de- pleased to yield 2 minutes to the gen- Our Founding Fathers wrote the Bill mocracy. tlewoman from Illinois (Ms. of Rights, including the first amend- I fully support one’s right to express SCHAKOWSKY). ment, exactly right; and this amend- himself or herself freely, but when it Ms. SCHAKOWSKY. Mr. Speaker, I ment does not change that in any way. comes to Old Glory and displaying such rise today as a proud and patriotic What did change the first amendment a gross disrespect for something as pre- American to oppose this resolution. was a misinterpretation of that amend- cious as our national symbol of free- Here is what some of the veterans have ment by a 5 to 4 decision of the Su- dom, I feel it is necessary for Congress said about this amendment. preme Court. One vote changed 200 to draw the line. Jack Heyman, Fort Myers Beach, years of American history. One vote In this country, whatever idea a flag Florida, a Korean War veteran, said, ‘‘I changed 48 States’ and the Federal burner wants to communicate, can be know of no American veteran who put Government’s flag protection anti- expressed just as effectively in many his or her life on the line to protect the desecration laws, and all we are trying other ways. Burning our flag commu- sanctity of the flag. That is not why we to do is set the record straight. We nicates nothing but a lack of respect. fulfilled our patriotic duty. We did so have been asked to do that by 49 State We should not protect such horrendous and still do to protect our country and legislatures; 80 percent of the Amer- behavior, when our forefathers, our H4054 CONGRESSIONAL RECORD — HOUSE July 17, 2001 veterans and many patriotic citizens of the freedoms we know today but to the with the flag. They honor our country our great land sacrificed and fought to many citizens who work daily to pre- with their sacrifice, and we honor them protect the freedom it symbolizes. serve those freedoms. Desecration of with the flag. This amendment to protect our flag this commanding symbol, whether it is Moreover, Mr. Speaker, I find the is an appropriate and powerful ‘‘thank by burning, tearing, or other mutila- words of the Pledge of Allegiance tell- you’’ to every veteran who fought and tion, undermines the powerful sense of ing. Just last week, President Bush had died to defend this flag and the country patriotism that Americans feel when- the opportunity to visit Ellis Island for which it stands. This flag is a na- ever they see the red, white and blue. and to lead the crowd in the Pledge of tional asset. To many, desecrating the American Allegiance, just as so many immi- The SPEAKER pro tempore (Mr. flag not only destroys the cloth, it also grants have done before: ‘‘I pledge alle- QUINN). The time of the gentleman destroys the memories and destroys giance to the flag of the United States from Tennessee has expired. the memories and devotion thousands of America, and to the Republic, for Mr. CONYERS. Mr. Speaker, I yield 1 of veterans and others carry with them which it stands.’’ I would underscore additional minute to the gentleman throughout their daily lives. that this simple phrase recited every from Tennessee (Mr. CLEMENT). In this day of world conflict, we must morning in this very Chamber pledges Mr. CLEMENT. Mr. Speaker, that is remember that the Stars and Stripes our allegiance to the flag itself, not very gracious of the gentleman from has been a force that holds commu- only to the Republic. The ‘‘and’’ sepa- Michigan (Mr. CONYERS), knowing the nities together. Mr. Speaker, I agree rates the two phrases so that we pledge gentleman does not necessarily agree with the gentleman from California our devotion both to the flag and to with my position totally, but he has al- (Mr. CUNNINGHAM) that ‘‘The American our Republic. ways been fair as one of the great lead- flag is a national treasure. It is the ul- Mr. Speaker, some argue that the ers in the House of Representatives. timate symbol of freedom, equal oppor- ideals of the flag are the only things that matter. I find the words of the b 1415 tunity, and religious tolerance. Amend- ing our Constitution to protect the flag pledge enlightening, and I respectfully This flag is a national asset, and I is a necessity.’’ disagree. strongly believe it deserves our unques- Mr. Speaker, I look to our Founding The flag itself occupies a unique tioned respect and protection. Fathers and how they treated the flag place in our Republic. It is the one I pledge my full support for this as to whether they thought the first symbol that merits our allegiance. amendment, and I hope that my col- amendment should protect burning the Why do we continue to pledge our devo- leagues will vote to support its pas- flag, desecrating the flag. When they tion and support to a flag if we are not sage. went into battle, a soldier would carry willing to protect it from desecration? I have heard from a lot of veterans at the flag; and if that soldier fell, an- Mr. Speaker, I urge my colleagues to home, but not just veterans. I have other soldier would put down their support the proposed amendment. heard from people from all walks of weapon and pick up the flag. That is a Mr. SENSENBRENNER. Mr. Speak- life. Mr. Speaker, we have a lot to be pretty clear indication that they did er, I yield 1 minute to the gentlewoman proud of in this country. We celebrated not intend the first amendment to pro- from Virginia (Mrs. JO ANN DAVIS). our 200th birthday in 1976. I would ask tect desecration of the flag. Mrs. JO ANN DAVIS of Virginia. Mr. my colleagues, do they know what the Mr. Speaker, I urge a ‘‘yes’’ vote and Speaker, I rise today in support of average longevity of the great democ- hope that we will have a very strong House Joint Resolution 36 proposing a racies of the past is? It is 200 years. We bipartisan vote in favor of this pro- constitutional amendment that would celebrated our 200th birthday in 1976. posal. grant Congress the power to prohibit But if we want to celebrate our 300th Mr. SENSENBRENNER. Mr. Speak- the physical desecration of the United birthday, we have to rededicate and re- er, I yield 2 minutes to the gentleman States flag. commit ourselves. from Indiana (Mr. HOSTETTLER). The American flag is a revered sym- Mr. Speaker, what I said a while ago (Mr. HOSTETTLER asked and was bol of our country and of the principles is the way I feel. Yes, one can protest. given permission to revise and extend of freedom and liberty we hold dear. I Yes, one can disagree. Yes, one can feel his remarks.) know for America’s war veterans the strongly on a particular issue. But one Mr. HOSTETTLER. Mr. Speaker, I flag is valued as a symbol of the sac- does not have to burn ‘‘Old Glory.’’ One thank the gentleman for yielding me rifices they and their fellow service- can show one’s protest, one can show this time. men made to defend our land. Indeed, one’s frustration in other ways. Sup- Mr. Speaker, I rise in strong support hundreds of thousands of servicemen port this amendment. of this proposed constitutional amend- gave their lives defending our country, Mr. SENSENBRENNER. Mr. Speak- ment. The need for such an amendment and we must never forget the price er, I yield 2 minutes to the gentleman arises from a Supreme Court that has they paid for the freedoms we enjoy. from Pennsylvania (Mr. PLATTS). persistently stated that we must tol- As a member of the House Committee (Mr. PLATTS asked and was given erate flag desecration as protected on Armed Services, it is our priority to permission to revise and extend his re- speech. Clearly, I believe the Supreme restore our military’s readiness and marks.) Court has it wrong. strength and also ensure that our vet- Mr. PLATTS. Mr. Speaker, I thank The flag is a unique symbol that mer- erans are treated with the respect and the gentleman for yielding me this its our special recognition. I find it gratitude that is due them. That in- time. ironic that the Federal Government cludes standing with them to defend Mr. Speaker, on behalf of my con- can compel men and women into the the honor due to our national colors. stituents and my late father, Judge Armed Forces where they may die Mr. Speaker, I urge my colleagues to Platts, an Army veteran who felt very under the flag but, evidently, may not join me in support of this resolution. strongly about protecting the Amer- prohibit the desecration of the very Mr. SENSENBRENNER. Mr. Speak- ican flag from desecration, I rise in full symbol for which they fight. er, I yield 2 minutes to the gentleman support of this proposal. This proposed amendment places the from South Carolina (Mr. BROWN). House Joint Resolution 36 is impor- debate exactly where our framers in- Mr. BROWN of South Carolina. Mr. tant for many reasons. The American tended for it to take place: in the town Speaker, I rise in support of this im- flag is of great importance not only to halls across America. It is the Amer- portant piece of legislation and I ap- the men and women of the United ican people, not the Supreme Court, plaud the gentleman from California States of America but also to the citi- that have the ultimate responsibility (Mr. CUNNINGHAM) for his tireless advo- zens of the world. to answer constitutional questions. cacy on this issue. Every time we raise or lower the Mr. Speaker, I believe the flag is a Justice John Paul Stevens, speaking many flags flown all over the world, we unique symbol. When those who have for the Supreme Court minority opin- have given thanks and shown apprecia- given the last full measure of devotion ion in the United States v. Eichman in tion not only to our veterans who are given the respect they deserve, we 1990 stated, ‘‘Thus, the government fought and gave their lives to ensure honor them by draping their coffin may, indeed, it should, protect the July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4055 symbolic value of the flag without re- citizens, and those brave individuals b 1430 gard to the specific content of the flag who have sacrificed to preserve our What they were defending was the burner’s speech. It is, moreover, equal- unity and our independence. Constitution of the United States and ly clear that prohibition does not en- I remember June 29 of last year when the rights it guarantees, as embodied tail any interference with the speaker’s I was joined by more than 75 Long Is- by the flag. freedom to express his or her ideals by land veterans and high school students I love the flag for all it represents, other means. It may well be true that and we called upon our Federal offi- but I love the Constitution even more. other means of expression may be less cials to pass a similar measure. The The Constitution is not just a symbol, effective in drawing attention to those meaning of the American flag could it is the very principles on which our ideas, but that is not itself a sufficient easily be seen in the eyes of these vet- Nation was founded. I urge my col- reason for immunizing rising flag burn- erans. It is in the eyes of our children, leagues to vote against this resolution. ing. Presumably, a gigantic fireworks who every day look upon our flag as Mr. CONYERS. Mr. Speaker, I have display or a parade of nude models in a they recite the Pledge of Allegiance as no further requests for time, and I public park might draw even more at- they start each and every school day. yield back the balance of my time. tention to a controversial message, but There is not a place, a setting, or an Mr. SENSENBRENNER. Mr. Speak- such methods of expression are none- event where the American flag is flown er, I yield myself the balance of my theless subject to regulation.’’ where its true meaning is not under- time. There is a lot of talk about free stood. To those in need, when they see Mr. Speaker, I think we have had a speech, but passage of this will not pre- the Stars and Stripes, they know very vigorous debate that talks about vent anyone from saying anything America has arrived to help. To our the pros and cons of the flag protection more than our law already does. If one neighbors around the world, the flag constitutional amendment. I believe does not like what the country is means an ally is not far away. Our flag that all of the arguments that have doing, or if one is upset about anything is the symbol of America’s compassion, been sincerely placed against this at all, one can stand on the street cor- perseverance, and values. The Amer- amendment really do not have merit ner and say whatever comes to one’s ican flag is America. It is a part of the and should be ignored, and this amend- mind, and that right is protected. It is tapestry that makes America so great. ment should be passed. Mr. Speaker, I call upon my col- part of what makes this country great First, we have had the argument that leagues to, once again, in over- that we have this freedom; that, de- this amendment amends the Bill of whelming numbers, support and pass spite differences of opinion, we still Rights. It does no such thing. There is H.J. Res. 36, the flag protection amend- manage to move on and respect what no statement in the text of the amend- ment. ment that the first amendment is other people have to say. Mr. CONYERS. Mr. Speaker, I yield But while we enjoy this freedom of such time as he may consume to the modified in any way, amended in any speech today, there are still certain gentleman from Connecticut (Mr. way, or repealed in any way. things we cannot do or say by law. We Secondly, we have heard the argu- SHAYS). have laws against libel, slander, per- Mr. SHAYS. Mr. Speaker, I thank the ment that this should be protected free speech under the Constitution of the jury, obscenity and indecent exposure gentleman from Michigan (Mr. CON- United States. But what we are talking in public. Just as it is within the YERS) for yielding me this time. realms of the Federal Government to I rise today in opposition to H.J. Res. about here is not speech, we are talk- limit this kind of conduct, it is also 36, which would amend the Constitu- ing about actions and burning or other- right for it to regulate a clear attack tion to allow Congress to pass laws wise desecrating the flag of the United on its sovereignty and dignity by pro- banning the desecration of the flag. I States of America. tecting our flag. find it absolutely abhorrent that any- Nobody is right to express them- To me, our flag represents not only one would burn our flag, and that is selves on any issue facing our country, the sacrifices of those who came before why I voted for the Flag Protection on any candidate for office, on the per- us, but also the hope for our future Act of 1989, which the Supreme Court formance or voting record of any in- generations. It is both the past and the overturned in a 5-to-4 decision in 1990. cumbent officeholder this way. No one present which makes us a great people If I saw someone desecrating the flag, is in any way diminished by this con- and what so many Americans have I would do what I could to stop them at stitutional amendment. What this con- fought so hard to preserve. risk of personal injury or even incar- stitutional amendment does is to give I am privileged to serve on the Veterans’ Af- ceration. For me, that would be a Congress the power to prohibit actions, fairs Committee and to have such constructive badge of honor. not speech, that desecrates the flag of interaction with so many current and retired But I think this constitutional the United States of America. members of our Armed Forces. We have more amendment is an overreaction to a Some also believe that the right to than 350,000 veterans in the State of South nonexistent problem. Keep in mind, the free speech is unlimited as a result of Carolina, many of whom are in my district. If Constitution has been amended 17 the first amendment. That is not the I can go back home and tell them anything, I times since the Bill of Rights was case at all. No one can shout ‘‘fire’’ in would say that I voted to make sure that their passed in 1791. This is the same Con- a crowded theater. No one can issue de- sacrifices were not forgotten. That the flag that stitution that eventually outlawed famatory statements, whether verbally serves as our national symbol of unity—and a slavery, gave blacks and women the or in writing, without being called to symbol of what so many of their brethren gave right to vote, and guarantees freedom account. There are limits on free their lives for—shall be revered, not dese- of speech and freedom of religion. speech, and 80 percent of the American crated. Mr. Speaker, amending the Constitu- people believe that a flag desecration Again, I urge you all to vote for this legisla- tion is a very serious matter. I do not constitutional amendment is a limit tion. think we should allow a few obnoxious that we ought to have, not on speech Mr. SENSENBRENNER. Mr. Speak- attention-seekers to push us into a cor- but on actions. er, I yield 2 minutes to the gentleman ner, especially since no one is burning Then we have heard that the Su- from New York (Mr. GRUCCI). the flag now, without an amendment. preme Court of the United States, on a Mr. GRUCCI. Mr. Speaker, I rise I agree with Colin Powell, who at the five-to-four decision, has said that this today as an original cosponsor of the time was Chairman of the Joint Chiefs is protected political expression. We flag protection amendment, and I ask of Staff and is now the Secretary of have heard that we should not amend all of my colleagues to join 250 cospon- State. General Powell wrote that it the Constitution because we disagree sors and support the passage of H.J. was a mistake to amend the Constitu- with a Supreme Court decision. Res. 36, this important measure. tion, ‘‘that great shield of democracy, Our Constitution has been amended The American flag embodies the to hammer a few miscreants.’’ 17 times since the Bill of Rights was hopes, sacrifices, and freedoms of this When I think about the flag, I think ratified in 1791. Three of those 17 great Nation and its people. The Amer- about the men and women who died de- amendments overturned Supreme ican flag is more than just a symbol, it fending it and the families they left be- Court decisions that two-thirds of the is the fabric that binds our Nation, its hind. Congress and three-quarters of the H4056 CONGRESSIONAL RECORD — HOUSE July 17, 2001 State legislatures decided were not rageously in World War II, Korea, and Viet- ment of Fort McHenry, to the raising at Iwo good law. nam. To them, the flag symbolizes their strug- Jima, our flag has represented the hopes and The 11th amendment construing the gle and triumph, flying as a constant reminder beliefs of generations of Americans. It symbol- judicial power of the United States of their bravery and our gratitude. I believe the izes resolve. It symbolizes freedom. It symbol- overturned such a Supreme Court deci- desecration of our flag jeopardizes that sym- izes democracy. It symbolizes America, and it sion. The 14th amendment granting bolic value, and undermines the courage that deserves to be protected. equal protection under the law in the we must forever salute. Mr. Speaker, I urge my colleagues to sup- eyes of both the Federal and State gov- I support this amendment not as a Repub- port this Constitutional Amendment. ernment overturned the Dred Scott de- lican or Democrat, but as an American. I call Mr. YOUNG of Florida. Mr. Speaker, I rise cision. The sixteenth amendment, on all members, from both sides of the aisle, today in support of House Joint Resolution 36, which allowed the Congress to impose to join together in a bipartisan fashion to sup- legislation I have cosponsored to amend the an income tax, overturned a decision port this amendment and keep the symbol of Constitution of the United States to authorize that said that the Federal income tax our American dream alive. Congress to prohibit the physical desecration violated the constitutional prohibition Mr. BLUMENAUER. Mr. Speaker, the pur- of the flag of the United States. on not having proportional allocation pose of our constitution should be to establish Ol’ Glory has served to remind American of taxes among the States. the structure of government and to protect the citizens of our soldiers who fought for free- So when the Supreme Court is wrong, fundamental rights of citizens. We have dom, liberty, and democracy here on our own one of the remedies that the Congress amended the constitution only 17 times since shores and throughout the world since the and the States have is to amend the the establishment of the Bill of Rights in 1791. Continental Congress adopted the Flag Reso- Constitution of the United States to The proposed amendment is not a funda- lution of 1777. The very sight of the American correct the errors of the Supreme mental right or an alteration of the structure of flag flying high has the ability to rouse unpar- Court. government. Abandoning that principle leads alleled pride and patriotism not only in the Those nine people across the street, us to a slippery slope, which potentially cheap- people of the United States of America but in in a co-equal branch of government, ens the process of amendments and could freedom loving people throughout the world. are entitled deference to their deci- weaken the constitutional framework. Countless men and women have put the good sions, but they are not infallible, and I also oppose this amendment because of of our country ahead of their own lives to pro- they do make mistakes. In the case of the same reasons some of my friends support tect the sanctity of liberty and democracy, both the Johnson and the Eichman it: because I respect the flag of the United which our flag represents. We must never case, they have made a mistake. States of America. I find it abhorrent, distaste- allow ourselves to forget that the flag that flies One of the checks and balances that ful, and sad when it is desecrated. Since I’ve here in this chamber, above this great build- the Framers of the Constitution placed been in Congress, to my knowledge, there has ing, and throughout our nation is a reminder of on the judicial branch of government is not been a single flag burning in my commu- the enduring values for which these American to authorize the Congress and the nity, and probably in my whole state. Certainly States to amend the Constitution of service men and women fought and may have no one has brought it to my attention. I will the United States. This should not be died. guarantee you the second we raise the act of Not only does our great flag symbolize the done lightly, and it has not been done tireless struggle of our armed services for de- lightly. expression of political protest by burning the But given the fact that the Supreme flag to status of a crime, we will have explo- mocracy both here and abroad, but it also Court twice has said that any statute, sion of instances where in fact the flag is serves as a bright beacon of hope to op- Federal or State, proposing criminal burned. Perversely, the reaction to this pressed people throughout the world who penalties for the physical desecration amendment would lead to what supporters dream of living under a democratic govern- of the flag of the United States of want to avoid, the desecration of the American ment as great and as resilient as out own. The America is unconstitutional, the only flag. American flag flies for all Americans, regard- alternative we have as a nation is for Because its not needed, because it’s con- less of race, creed, or religion. It is a symbol us today, by a two-thirds vote, to ap- trary to the principles of the Constitutional ac- of the American dream, of honor, justice, and prove this amendment for the other tion, and because, sadly, it would encourage equality. The flag is a commitment to our chil- body to follow suit and three-quarters desecration of our flag, I oppose the amend- dren and grandchildren that they will have the of the States to ratify this amendment. ment and urge my colleagues to do likewise. same freedoms, liberties, and opportunities Today we have an opportunity to cor- Mr. BARCIA. Mr. Speaker, once again, I rise that we have. The Stars and Stripes inspires rect a wrong of the Supreme Court. today in support of the Constitutional Amend- pride in the accomplishments of our noble The House should do the right thing, ment prohibiting the physical desecration of country, and it should be regarded with re- Mr. Speaker, and pass this constitu- the flag. I believe our Nation’s flag is the cen- spect and admiration for the important role it tional amendment. terpiece of our Nation’s sovereignty and a plays in the lives of Americans. When the Mr. GEPHARDT. Mr. Speaker, I would like symbol that separates the United States from desecration of Ol’ Glory is used as a protest, to express my support in protecting the sanc- other nations. It is important to remember the far more than a single flag is being violated. tity of our Nation’s greatest symbol of freedom ideals our flag represents—freedom, democ- The devotion of American citizens to our great and liberty: the American flag. Regretfully, racy, and national pride. And one must also nation is being battered. Many Americans prior obligations to my constituents in St. Louis remember the men and women, who loved the have died defending our flag and what it rep- keep me from being present to debate this bill freedom and liberty the flag represents so resents. on the floor. I therefore submit this statement much, they were willing to risk their lives de- Mr. Speaker, may the American flag forever for the record. fending it and the values it embodies. soar proudly above our glorious nation. May it In 1989, the U.S. Supreme Court struck I am proud to once again to be an original always be a source of courage and inspiration down a Texas statute that provided criminal cosponsor of this legislation to amend the for those who carry it into battle, a symbol of sanctions for the burning of an American flag. Constitution to prohibit the desecration of the hope for the downtrodden of foreign lands, In a 5–4 decision, the Court provided that the flag—which the brave men and women of our and a reminder that we are the land of the desecration of the flag was an act of free ex- armed forces have repeatedly fought to de- free only because we are the home of the pression, a freedom protected under the first fend. All too often desecration of the flag is brave. amendment of our Constitution. used as a vehicle to voice differing opinions Mr. SWEENEY. Mr. Speaker, I rise today in On behalf of all the men and women who between American citizens and our govern- support of House Joint Resolution 36—The fought and died for this nation, for their fami- ment. Our brothers, fathers, sisters and moth- Flag Protection Constitutional Amendment. lies, and for all Americans, I join my col- ers fought and died for our flag in the name In doing so, I rise to defend and protect the leagues in supporting H.J. Res. 36, the Flag of free speech. I believe the right to deface very symbol of our nation’s unyielding promise Protection Constitutional Amendment. My sup- that symbol of freedom is not what they were of hope and opportunity. port of this amendment is consistent with my fighting to protect. Let our nation be unified in I rise to defend the memory of countless votes cast in favor of past successful attempts the fact that there are some things too impor- Americans, both men and women, who sac- in the House of Representatives to protect this tant to defile, too important to sully, and chief rificed their lives fighting for their country in American treasure. among them is our flag. time of war so that the values and ideals rep- I often meet with the many veterans from From the hands of Betsy Ross, through the resented by our nation’s symbol could be pro- my district, those who served our Nation cou- eyes of Francis Scott Key during the bombard- tected. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4057 I rise to defend the integrity and the mission this manner, and stronger still to resist the ber of accounts of heroism to protect the flag of our men and women in the armed forces urge to stamp out free speech that challenges in the heat of battle are so numerous that they today, who stand in defense of our Nation’s us. cannot be counted. But let me recount just Flag on American * * * as well as foreign soil There have been only a very small number one true tale of such bravery. around the world, so that the very symbol of of incidents of flag burning over the course of Many of my colleagues have seen the their commitment to those American values our history. In fact, between 1777 and 1989, movie, Glory, which tells the story of the 54th will not be compromised. there were only 45 reported incidents, and in Massachusetts Colored Infantry—an African The desecration, destruction and disrespect the years since, fewer than 10 incidents have American unit which fought at Fort Wager, of our nation’s Flag are contemptible acts been reported annually. This hardly merits the South Carolina, in July 1863. One soldier who against our nation’s principles. first ever change to the Bill of Rights, much saw action in this battle was Sergeant William The protection of our National Symbol from less any action that could restrict our most Carney, a 23-year-old ex-slave. During the ac- desecration is an essential part of preserving coveted freedom. tion, the color bearer of the 54th Massachu- our Nation’s sense of duty, citizenship and al- This resolution is essentially a solution in setts was wounded. Dropping his weapon, legiance to a community fabric unlike that of search of a problem. I oppose this proposed Sergeant Carney picked up the flag before it any other nation. amendment, which diminishes the flag’s value hit the ground. He marched forward with his We must protect our Constitution from those by taking away from the freedoms that it rep- unit. However, in the subsequent engagement, seeking to distort it while cloaking themselves resents. the 54th Massachusetts suffered staggering in a disguise of free speech. The American Mr. FILNER. Mr. Speaker, we all love, cher- casualties in a frontal assault on a fortified po- people cry out for us to do so. Forty-nine state ish and respect our flag. Our flag is a symbol sition, and his unit was forced to pull back. legislatures have appealed to this Congress to of our great nation, a symbol of our funda- Sergeant Carney, at great risk to his safety, pass a Flag protection constitutional amend- mental values of freedom, liberty, justice and retrieved the flag so it would not fall into Con- ment. opportunity. federate hands. Crossing a marsh in waist- In conclusion, Mr. Speaker, I remind my col- And it is those values we must protect. high water, he was shot in the chest, and in leagues that this a nation that promises more I stand today with Jim Warner, a Vietnam his right arm. Yet still he held onto the flag. He than just life, liberty and the pursuit of happi- veteran and former prisoner of war, who said: was then shot in the leg. Still, he clenched the ness. It is a nation that offers as its foundation ‘‘Rejecting this amendment would not mean flag tightly to his chest, protecting it from harm of principles the dignity, respect and self-sac- that we agree with those who burned our flag, and capture. Another bullet grazed his head. A rifice for the ideals upon which it was built. or even that they have been forgiven. It would, passing soldier from a different unit offered to I urge passage of this resolution because it instead, tell the world that freedom of expres- relieve him, but he refused, saying ‘‘No one is the right thing for the Flag, and because it sion means freedom, even for those expres- but a member of the 54th will ever carry these is the right thing for the United States of sions we find repugnant.’’ colors.’’ Sergeant Carney, bleeding from mul- America. I stand today with the San Diego Union- tiple gunshot wounds, returned the flag to his Mr. KLECZKA. Mr. Speaker, the American Tribune, my hometown paper, which has edi- camp, telling his comrades, ‘‘Boys, I only did flag is a visible symbol of all the elements that torialized against ‘‘the drastic step of amend- my duty. Our flag never touched the ground.’’ make our nation great. A strong military, a ing the Constitution because of the abhorrent William Carney was later awarded the system of checks and balances, a government conduct of that lone demonstrator and the Medal of Honor for his extraordinary heroism by and for the people. Underlying these ideals handful of others who seek attention from time under enemy fire. He was the first African is the Constuition and the Bill of Rights, per- to time by burning the flag.’’ American in American history to earn the na- haps the most perfect document yet created Compromising the Bill of Rights, which has tion’s highest honor for bravery in combat. by man in pursuit of a fair and just govern- stood the test of time, is not the action needed To this very day, military units still field a ment. to ensure the strength of our nation. We must color guard to honor the flag. Central to the Constitution are the rights and do that through proper education of our chil- The flag has served, and continues to freedoms delineated in the Bill of Rights, dren—nurturing their love and patriotism of our serve, as a source of inspiration, courage, and which has yet to be amended, although over country—and respect for our flag and national purpose. I ask my colleagues: how can we 200 years have passed since these tenets symbols. justify allowing the flag to be blatantly dese- were drafted. Every American is familiar with We can choose the easy path and simply crated or burned, when so many of our brave the first of these amendments, which states make a law and outlaw an action. Or we can soldiers have died, been wounded, or took unequivocally that Congress shall make no take the difficult and correct path of guiding enormous risks to protect the flag from harm? law respecting an establishment of religion or our citizens back to the ideals of our founding What could we possibly say to these persons, abridge the freedom of speech. fathers. The more difficult path puts true now that the Supreme Court has allowed the As former Commander of the American Le- meaning back into our respect for the flag. flag to be desecrated? That their sacrifice was gion Keith A. Kreul states, ‘‘Our nation was I choose the more meaningful path, the one in vain? That they were stupid and silly to not founded on devotion to symbolic idols, but that will guarantee that our flag will fly proud- have ever taken such risks? That they sweat- on principles, beliefs and ideals expressed in ly—and our Bill of Rights will continue un- ed, ducked bullets, and bled to protect the flag the Constitution and the Bill of Rights. Amer- changed—for generations to come. from harm so some social miscreant could just ican veterans who have protected our banner Mr. SMITH of New Jersey. Mr. Speaker, as trash it a few years later? in battle have not done so to protect a ‘‘golden Chairman of the Veterans’ Affairs Committee, How can a symbol continue to be so endur- calf.’’ Instead, they carried the banner forward I rise today to join with the vast majority of ing, and function to inspire such deeds of her- with reverence for what it represents—our be- American citizens who support an amendment oism, when we allow it to be desecrated? My liefs and freedom for all. Therein lies the to the Constitution to protect the Flag of the colleagues, I submit that if we do not take ac- beauty of our flag.’’ United States from physical desecration. It tion to protect our flag, it will simply become The freedom to publicly voice one’s dissent was just over 12 years ago that the Supreme one more element in the ongoing coarsening of their government is a quality that separates Court, in a narrow 5-to-4 decision, ruled that of our society. If we do not respect the flag, our great nation from others. The United all Federal and State statutes prohibiting the it will send a subtle, yet powerful, message States of America has a long and proud his- physical desecration of the flag were unconsti- that nothing is worth respecting. Flag burning tory of providing this right to its citizens, and tutional. is not free speech. It is an act of hatred and I do not believe that the voice of freedom The flag of the United States of America nihilism. It is not a call for reform. It is a dis- should be muzzled. The amendment to the needs to be protected as a sign of our free- grace. The right to dissent does not include Constitution before us today, which would dom. I believe that flag desecration is a slap the right to desecrate. To desecrate the flag allow Congress to prohibit the desecration of in the face to the millions of American vet- crosses a line of ugliness. our flag, effectively says that we are afraid of erans who fought and died to protect the flag, I know people the world over who cherish a very small number of people who choose— and the democracy and liberty for which it the American flag and the hope it has held for under the rights granted them in the Constitu- symbolizes. people in different crises around the globe. tion—to defile this cherished symbol. Over the years of our Republic’s existence, Freedom is not free. The cherished freedoms, While the desecration of our flag generates countless men have marched into battle under rights, and liberties we all enjoy today were an almost universal reaction of disgust by the banner of Old Glory. Many have died or purchased only through the enormous sac- Americans, we are strong enough as a nation risked their lives to prevent the flag of their rifices of the men and women in our military to allow individuals to express themselves in unit from falling into enemy hands. The num- today—veterans, past and present. If we allow H4058 CONGRESSIONAL RECORD — HOUSE July 17, 2001 our flag to be desecrated, and fail to protect And again, Justice Stevens stated: the flag is not speech. It is an act. An act that it, we dishonor their sacrifice and their service. It is moreover, equally clear that the pro- inflicts insult—insult that strikes at the very Mr. Speaker, the Court was wrong in decid- hibition [against flag desecration] does not core of who we are as Americans and why so ing the Texas v. Johnson case. It was wrong entail any interference with the speaker’s many of us fought—and many died—for this one year later when it reaffirmed this position freedom to express hie or her ideas by other country. in another 5-to-4 decision in United States v. means. There are, in fact, words and acts that we Eichman. The amendment to the constitution As Oliver Wendell Holmes asserted years as a free Nation have deemed to be outside we are now considering, H. J. Res. 36, will ago, no one has the right to shout fire in a the scope of the First Amendment—they in- overturn both decisions of the Court and grant crowded movie theater. clude words and acts that incite violence; slan- the Congress the authority to enact constitu- Mr. Speaker, despite some of the claims der; libel; and copyright infringement. Surely tionally-permitted language to protect the flag. made here today, it is constitutionally permis- among these, which we have rightly deter- The Supreme Court’s 5-to-4 rulings on flag sible to regulate both the content and the mined diminish rather than reinforce our free- burning were most unfortunate and an erro- means of expression of free speech, provided dom, we can add the burning of our Flag—an neous interpretation of what our forefathers, that it is done only in certain very narrow and act that strikes at the very core of our national and we as a people, define as free speech. well-defined circumstances and only if an being. The opponents of this amendment have tried overriding public interest is threatened. Let me No, this is not a debate about free speech. to depict this as an infringement on the first emphasize that the circumstances must be Our flag stands for free speech and always amendment rights of all Americans. This is narrow, well defined and justified in the public will. simply false. interest. Over 100 years ago some words were writ- Mr. Speaker, I yield to no one in my support Mr. Speaker, prohibiting the physical dese- ten that most of us remember reciting in of the first amendment. As Vice Chairman of cration of the flag is both a narrow and well- school. They sum up what we vote on today: the International Relations Committee and Co- defined restriction. Despite arguments to the I pledge allegiance to the Flag of the Chairman of the Helsinki Commission, I have contrary, it is not the first step toward cur- United States of America and to the Repub- continually fought for the expansion of these tailing political dissent, nor is it impossible to lic for which it stands, one nation under God, indivisible, with liberty and justice for all. freedoms throughout the world. I have worked define. This argument represents at best a for the release of countless prisoners of con- gross distortion of the effect of this amend- Let us join today in overwhelmingly passing science whose only crime has been that they ment. this amendment to revere, preserve and pro- wanted to express political or religious ideas This leaves only the question of whether the tect our Flag, the symbol of our country, the that their governments opposed. protection of the flag serves a purpose worthy embodiment of our principles, and the emblem I have worked just as hard to insure that of special consideration. On this point, as of our people. Mr. SIMMONS. Mr. Speaker, I rise today in these same freedoms—freedom of con- Chairman of the House Veterans’ Affairs Com- strong support of House Joint Resolution 36, science, freedom of speech, and freedom of mittee, I join with the overwhelming majority of the Constitutional Amendment to prohibit flag religion—continue to be strongly protected the American public who say, emphatically, desecration. here in the United States. yes. Our flag is the strongest symbol of the However, Mr. Speaker, no right is unlimited. Since the creation of the American flag, it There are those who claim that any limita- American character and its values. It tells the has stood as a symbol of our sacred values tion of the right to free speech is an intolerable story of victories won—and battles lost—in de- and aspirations. Far too many Americans have infringement upon our rights guaranteed to us fending the principles of freedom and democ- died in combat to see the symbol of what they in the Bill of Rights. Upon single examination racy. were fighting for reduced to just another object this proves to be totally false. These are stories of real men and women In a unanimous 1942 Supreme Court deci- of public derision. Simply put, it is a gross in- who have selflessly served this nation in de- sion, Chaplinsky v. New Hampshire, the Court sult to every patriotic American to see the fending that freedom. Any many of them trad- said: symbol of their country publicly desecrated. ed their lives for it. Gettysburg, San Juan Hill, . . . it is well understood that the right of They will not tolerate it, and neither will I. Iwo Jima, Korea, Da Nang, Persian Gulf—our free speech is not absolute at all times and Mr. Speaker, the amendment to the Con- men and women had one common bond: the under all circumstances. There are certain stitution we are considering today will restore American flag. well-defined and narrowly limited classes of the flag to its proper position as a symbol of The American flag belongs to them, as it speech, the prevention and punishment of our Nation, without restricting the freedom of belongs to all of us. which have never been thought to raise any expression for any of our citizens. I would Supreme Court Justice Paul Stevens re- Constitutional problem. These include the hope that all of my colleagues would join with lewd and obscene, the profane, the libelous, minded us of the significance of our flag when and the insulting or ‘‘fighting’’ words—those me in support of this amendment. he wrote: which by their very utterance inflict injury Mr. MURTHA. Mr. Speaker, I’m proud to A country’s flag is a symbol of more than or tend to incite an immediate breach of the have joined with Congressman DUKE nationhood and national unity. It also sig- peace. It has been well observed that such CUNNINGHAM in introducing this Constitutional nifies the ideas that characterize the society utterances are no essential part of any expo- Amendment to prohibit the desecration of the that has chosen that emblem as well as the sition of ideas, and are of such slight social American Flag. special history that has animated the growth value as a step to truth that any benefit that The American Flag is recognized around the and power of those ideas .... So it is with may be derived from them is clearly out- world as a symbol of freedom, equal oppor- the American flag. It is more than a proud weighed by the social interest in order and symbol of courage, the determination, and morality. tunity, and religious tolerance. the gifts of a nation that transformed 13 Many thousands of Americans fought and Mr. Speaker, there is also an important dis- fledgling colonies into a world power. It is a suffered and died in ways too numerous to list tinction to be drawn between the freedom to symbol of freedom, of equal opportunity, of in order to establish and preserve the rights express an idea and the freedom to use any religious tolerance, and of goodwill for other we sometimes take for granted, rights which peoples who share our aspirations. method to express that idea. While one has a are symbolized by our Flag. It is a solemn and right to express virtually any idea in a public Critics of the amendment believe it inter- sacred symbol of the many sacrifices made by forum, the means of expression can be regu- feres with freedom of speech. I disagree. our Founding Fathers and our Veterans lated. As Justice Stevens pointed out in his Americans enjoy more freedoms than any throughout several wars as they fought to es- dissent: other people in the world. They have access tablish and protect the founding principles of Presumably a gigantic fireworks display or to public television. They can write letters to a parade of nude models in a public park our great Nation. the editors to express their beliefs, or call in to might draw even more attention to a con- Most Americans, Veterans in particular, feel radio stations. Americans can stand on the troversial message, but such methods of ex- deeply insulted when they see our Flag being steps of the nation’s capitol building to dem- pression are nevertheless subject to a regula- desecrated. It is in their behalf, in their honor onstrate their cause. tion. and in their memory that we have championed They do not need to desecrate our noble In his dissent in Texas v. Johnson, Justice this effort to protect and honor this symbol. flag to make their statement, and I do not be- Stevens said that the Court was wrong in as- We are a free Nation. No one would dis- lieve protecting the flag from desecration de- serting that the flag burner was prosecuted for agree that free speech is indeed a cherished prives Americans of the opportunity to speak expressing a political idea. Rather, Stevens right and integral part of our Constitution that freely. went on to say, he ‘‘was prosecuted because has kept this Nation strong and its Citizens And let us be clear: speech, not desecra- of the method he chose to express his [idea].’’ free from tyranny. Burning and destruction of tion, is protected by the Constitution. Our July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4059 Founding Fathers protected free speech and Mr. STARK. Mr. Speaker, I rise today in Mrs. ROUKEMA. Mr. Speaker, I rise in freedom of the press because in a democracy, strong opposition to H.J. Res. 36 ‘‘The Flag strong support of the Flag Protection Amend- words are used to debate and persuade, and Protection Constitutional Amendment.’’ This ment. to educate. A democracy must protect free constitutional amendment would undermine Why are we here today. The Congress of and open debate, regardless of how disagree- the very principles for which the flag stands— the United States has already acted to pass able some might find the views of others. Pro- freedom and democracy. flag protection legislation. However, a majority hibiting flag desecration does not undermine The First Amendment to the Constitution of the Supreme Court—by the narrowest of that tradition. reads as follows: ‘‘Congress shall make no margins—has ruled that Congress does not The proposed amendment would protect the law respecting an establishment of religion, or possess the authority to legislate in this impor- flag from desecration, not from burning. As a prohibiting the free exercise thereof: or abridg- tant area. It has twice overturned laws that member of the American Legion, I have super- ing the freedom of speech, or of the press, or prohibit flag burning. In both cases, the deci- vised the disposal of over 7,000 unserviceable the right of the people peaceably to assemble, sion has been handed down by a narrow mar- flags. But this burning is done with ceremony and to petition the government for a redress of gins of 5 to 4. and respect. This is not flag desecration. grievances.’’ I happen to disagree with the Court. So do Over 70 percent of the American people By writing the First Amendment, our nation’s such distinguished constitutionalists as Jus- want the opportunity to vote to protect their founders made sure that the Constitution pro- tices Stevens and White. They hold that burn- flag. Numerous organizations, including the tected the right of all citizens to object to the ing of the U.S. flag is not an expression pro- Medal of Honor Recipients for the Flag, the workings of their government. Freedom of ex- tected by the First Amendment. Instead, they American Legion, the American War Mothers, pression is what makes the United States of believe that flag burning is an action, and a re- the American G.I. Forum, and the African- America so strong and great—it is the bedrock pugnant one. Therein lies the distinction. Burn- American Women’s Clergy Association all sup- of our nation and has made our democracy a ing a flag is conduct, not speech. port this amendment. model for the rest of the world. Still, we need to pass this Constitutional Forty-nine states have passed resolutions The Supreme Court has twice upheld a citi- amendment today and begin the process of calling for constitutional protection for the flag. zen’s right to burn the flag as symbolic speech ratification. Only then, can Congress honor its In the last Congress, the House of Represent- protected by the Constitution. If this Flag Pro- responsibility to protect this sacred national atives overwhelmingly passed this amendment tection Amendment were enacted, it would be symbol. by a vote of 310–114, and will rightfully pass the first time in our history that the Bill of I believe strongly in this amendment, al- it again this year. Rights was amended to limit American’s free- though I believe it to be an issue on which pa- Mr. Speaker, I am proud to be an original dom of expression. triotic Americans of good faith can, and do, Whlie the idea of someone burning or de- cosponsor of H.J. Res. 36 and ask that my have legitimate differences. Many assert that stroying an American flag is upsetting, the colleagues join me in supporting this important burning a flag endangers no one. Using that consequences of taking away that right are far resolution that means so much to so many. standard, one would then assume that we more grave. Once we start limiting our citi- Mr. COLLINS. Mr. Speaker, I rise today to would not see the inherent violation of de- zens’ freedom of expression, we walk down a offer my strong support for House Joint Reso- cency of throwing blood on the U.S. Capitol, dark road inconsistent with our history and our lution 36, which I have cosponsored, and painting a swastika on a synagogue, or defac- founding principles. Our government’s tolera- thank my colleague, Mr. Cunningham, for his ing a national monument. These actions also tion of criticism is one of our nation’s greatest continued effort to protect this important sym- endanger no one. And, yet, laws have been strengths. bol of our freedom, the United States flag. This amendment isn’t a matter of patriotism, wisely enacted to prohibit these actions. How The vast majority of my constituents in it is a matter of protecting the rights of all of can we not protect our country’s most treas- Georgia’s Third District have contacted me our citizens, particularly the right to dissent. ured symbol from such actions? and stated that they share this belief that Let us uphold our commitment to freedom and The American flag was created to honor our among the countless ways to show dissent, democracy. Let us uphold our commitment to country. Let us pass this Constitutional the desecration of the flag should not be one the principles upon which our nation has flour- amendment created to protect the honor of of them. ished for over 200 years. Vote no on this our flag. Opponents of this amendment state that it amendment. Support this joint resolution. Support the would reduce our First Amendment freedoms. Mr. GRAVES. Mr. Speaker, it is an honor to amendment. Protect the flag. This is simply not so. Rather this amendment rise today to support House Joint Resolution Mr. KIND. Mr. Speaker, again we are would serve to restore the protection our flag 36. The flag protection Constitutional amend- brought together to debate the rights of a free had been accorded over most of our nation’s ment. I also want to extend my appreciation to people against the honor and meaning of our history. our veterans and the men and women in our national flag—to debate the necessity of pro- The American flag represents not only our armed forces for their service to our nation viding legal protection to the most honored freedom but serves as a constant reminder of and their vigilance and sacrifice in both times and recognized symbol of freedom in the the ideals embodied in our Declaration of of peace and war. world. This is not a matter to be approached Independence that countless Americans have The American flag embodies many different carelessly, and I appreciate this opportunity to served to defend, preserve and protect over things to different people. To me, the flag rep- reaffirm my faith in the Constitution and the our nation’s 225 year history. resents the many men and women in our Na- Wisdom of our Nation’s founders. In the Declaration of Independence, the tion’s history who have selflessly served and If there is one bright shining star in our Con- founders acknowledged that we are created died defending our country and its freedoms. stitutional constellation, it is the First Amend- equal and that we have been endowed by our Mr. Speaker, it is our obligation as Americans ment of the Bill of Rights. That is the amend- Creator with certain rights to life, liberty and to defend this nation, its heritage, and its ment that embodies the very essence upon the pursuit of happiness. honor. Our flag embodies the struggles, the which our democracy was founded because it These are the ideals for which countless victories, and the bonds that unite our Nation stands for the proposition that anyone in this Americans have fought, bled and died and it and its people. Today, I will continue to sup- country can stand up and criticize this govern- is these ideals upon which our Constitution is port a Constitutional amendment that will ment and its policies without fear of prosecu- founded. It is these ideals which we are elect- honor those men and women who have died tion. But here we are yet again in the 107th ed to preserve. Today, we can renew our affir- in service to our country by prohibiting the Congress debating an amendment that would mation of these principles, so clearly stated in physical desecration of our national colors. seriously weaken the First Amendment and the Declaration of Independence, by pre- Today, we have an opportunity to renew our Freedom of expression in this country. serving the most visible symbol of our Repub- allegiance to the American flag. Together, we There are few things that evoke more emo- lic. stand collectively to honor its glory and its vi- tion, passion, pride or patriotism than the Upon three separate occasions, this House brant colors that continue to wave through the American flag; I recognize that. But I am has rightfully voted to protect our nation’s flag. skies that blanket the dreams and hopes of forced to question the need for a Constitu- Today, the United States House of Represent- our beloved America. America truly is the land tional amendment to remedy a problem that atives will again affirm its commitment to pro- of the free and the home of the brave, and I doesn’t seem to exist, or provide legal protec- tect this symbol of our great nation. am honored that we can share and enjoy the tion to something that doesn’t seem endan- For the thousands of Americans who have peace and the prosperity of this great nation. gered. As a matter of occurrence, the re- fought and died for their country, the flag is Mr. Speaker, I ask my colleagues to join me corded incidence of public flag desecration is more than a piece of cloth. in supporting House Joint Resolution 36. extremely rare. While this explanation, on its H4060 CONGRESSIONAL RECORD — HOUSE July 17, 2001 face, is not sufficient to oppose to this amend- desecration the motivation for passing this symbol of the nation, a unifying force in times ment, it illustrates an inherent respect for the amendment to the Constitution? There are of peace and war. Americans from both sides flag and a recognition of what it means to other ways of dealing with content neutral of the political spectrum back the action we American history and the individuals who gave acts. If someone steals my flag, they can be are taking today in sending this issue to the their life in protection of the freedoms and way prosecuted for theft and trespassing. If they states. Since the Supreme Court invalidated of life we cherish everyday. To attempt to en- steal my flag and burn it, they can be pros- state flag protection laws in 1989, 49 state force this understanding through legal means ecuted for theft, trespass, and criminal dam- legislatures have passed resolutions peti- serves to undermine this self-realization and age to property. If they burn it on a crowded tioning Congress to propose this amendment. only encourage the proliferation of such acts subway station, they can also be prosecuted Mr. Speaker, my hometown of Findlay, because of the attention some people crave. for inciting a riot, reckless endangerment, Ohio, is known as Flag City USA. Main Street Now I want to be clear. I am going to op- criminal damage to property and theft. There and other major downtown thoroughfares are pose this amendment, not because I condone are other ways that this type of conduct can lined with flags in a patriotic salute to our or I do not feel repulsed by the senseless act be prosecuted, but if someone buys a flag, great nation. Arlington, Ohio, which I am also of disrespect that is shown from time to time goes down in their basement and, because privileged to represent, enjoys the designation against one of the most cherished symbols of they do not like the government, decides to Flag Village USA. The messages I receive our country, the American flag. But because I desecrate it or burn it, are we going to obtain from Findlay, Arlington, and throughout the recognize that our constitution can be a pesky search warrants and arrest warrants to go in Fourth Ohio District are clear: the American document sometimes. It challenges us, and it and arrest that person and prosecute them? people favor the protection of Old Glory by reminds us that this democracy of ours re- We do not need to do that. staggering margins. quires a lot of hard work. It was never meant Make no doubt about it, this amendment will to be easy. Our democracy, rather, is all about do nothing less than amend the First Amend- I am proud to be an original cosponsor of advanced citizenship. It is about the rights and ment of the Bill of rights for the first time in our DUKE CUNNINGHAM’s joint resolution, and rec- liberties embodied in the Constitution that will Nation’s history. And it sets a precedent that ognize him for his longstanding, unwavering put up a fight against what we believe and the fundamental protections afforded to the leadership on this issue. I urge my colleagues value most in our lives. We have to recognize American people, the freedoms that portray to support their constituents and vote in favor that free speech means exactly that, free what America is, do not really protect all that of sending this amendment to the states. speech. It is the right of anyone in this nation is claimed. It is for these reasons that I en- Mr. UDALL of Colorado. Mr. Speaker, I can- to peaceably express his or her beliefs about courage my colleagues to oppose this amend- not support this resolution. the government directly to the government ment and not change 212 years of history in I am not in support of burning the flag. But without fear of tyrannical retaliation. As stated this country. I am even more opposed to weakening the by Vietnam veteran and former prisoner of war Mr. HAYES. Mr. Speaker, America is the first amendment, one of the most important James H. Warner on this matter, ‘‘rejecting land of the free, home of the brave. But the things for which the flag itself stands. this amendment would . . . tell the world that liberty we enjoy did not come without a price. freedom of expression means freedom, even Many Americans have made the ultimate sac- As the Denver Post put it just last month, for those expressions we find repugnant.’’ rifice so that we may live in peace and free- The American flag represents freedom. This protection of freedom is what advanced dom. They died nobly for us. Now it is our re- Many men and women fought and died for citizenship is about. This is the challenge of sponsibility as Americans to live nobly in their this country and its constitutional freedoms the Constitution, and yes, the Supreme Court memory. under the flag. They didn’t give their lives has ruled on numerous occasions that the re- One of the first and foremost ways we can for the flag; they died for this country and pulsive disrespect and the idiotic act of dese- honor our fallen heroes is to protect the Amer- the freedom it guarantees under the Bill of crating the American flag is freedom of ex- ican flag. The brave men and women who Rights. Those who choose to desecrate the pression protected under the First Amend- died for the fight of freedom deserve to be flag can’t take away its meaning. In fact, it is our constitutional freedoms that allow ment. As former Supreme Court Justice Jack- honored by the flying of the stars and stripes. them their reprehensible activity. son said in the Barnette decision, and I quote: Our flag represents the freedoms we enjoy, ‘‘Freedom to differ cannot just be limited to the spirit of democracy, and the sacrifices of I completely agree. So, like Secretary of those things that do not matter much. That all those who have worked to make this nation State Colin Powell, former Senator John would be a mere shadow of freedom. The test what it is today. I am honored to support this Glenn, and others who have testified against of its substance is the right to differ as to measure that protects the great symbol of the it, I will oppose this resolution. things that touch the very heart of the existing United States of America. For the benefit of our colleagues, I am at- order.’’ Our nation’s veterans, active duty and re- taching the Denver Post’s editorial on this sub- On this matter, I also agree with the state- serve forces draw their strength not from ject: ments of former General and current Sec- America’s great material wealth. Rather, these retary of State Colin Powell. When asked for individuals draw their strength from the belief FLAG AMENDMENT SHOULD DIE his views on the amendment before us, Sec- that there are some causes that are worth Monday, June 25, 2001.—Although a pro- retary Powell stated, ‘‘. . . the First Amend- dying for, a conviction rooted in principle and posed constitutional amendment to ban dese- ment exists to insure that freedom of speech represented by our flag. The patriots that have cration of the American flag continues to and expression applies not just to that with fought for our freedoms knew in their hearts lose steam, it nonetheless is once again which we agree or disagree, but also that that their cause was righteous, that making being considered in the U.S. House. which we find outrageous. I would not amend the ultimate sacrifice for freedom, liberty, and The amendment, one of the most conten- that great shield of democracy to hammer a justice was worth the risk. tious free speech issues before Congress, few miscreants. This flag will be flying proudly Thus, we as a Congress have the oppor- would allow penalties to be imposed on indi- long after they have slunk away....’’ tunity to do what is right. We have a responsi- viduals or groups who burn or otherwise In another opinion I urge my colleagues to bility to honor the memory of those who have desecrate the flag. hear, former Senator, and American hero, died for our freedom and to say to those who In past years, the amendment has suc- John Glenn stated in his opposition to this live, ‘‘we will not let your sacrifice be in vain.’’ ceeded in passing the House only to be amendment before the Senate Judiciary Com- The American flag and the principles for which killed, righteously, on the Senate floor. mittee in the 106th Congress, ‘‘That commit- it flies are deserving of honor and protection. The American flag represents freedom. ment to freedom is encapsulated and encoded Today we need to pass this legislation and Many men and women fought and died for in our Bill of Rights, perhaps the most envied send a clear message that we will not tolerate this country and its constitutional freedoms and imitated document anywhere in this world. under the flag. They didn’t give their lives desecration of the American flag. for the flag; they died for this country and The Bill of Rights is what makes our country Mr. OXLEY. Mr. Speaker, I stand in strong the freedom it guarantees under the Bill of unique. It is what has made us a shining bea- support of H. J. Res. 36, which calls for a con- Rights. Those who choose to desecrate the con of hope, liberty, of inspiration to op- stitutional amendment to allow Congress to flag can’t take away its meaning. In fact, it pressed peoples around the world for over heed the overwhelming majority of our con- is our constitutional freedoms that allow 200 years...’’ stituents and protect our nation’s flag. them their reprehensible activity. We must cherish the history and meaning of Old Glory is not just another piece of cloth— American war heroes like Secretary of bill of rights and realize the impact of our ac- nor is it a political tool for one side or another State Colin Powell and former Sen. John tions here today. Are a few acts of senseless to use in debate. Our flag is the most visible Glenn strongly oppose this amendment. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4061 Glenn has warned that ‘‘it would be a hollow the power to prohibit the physical desecration tions as acts of free speech protected by the victory indeed if we preserved the symbol of of the flag of the United States.’’ This clear Constitution, I would have happily supported freedoms by chopping away at those funda- and concise statement will return to the Amer- legislation which would protect the flag. While mental freedoms themselves.’’ In addition, the Supreme Court has ruled ican people a right and responsibility which I have reservations about the propriety of that desecration of the flag should be pro- the Supreme Court took away a little more these decisions, the Supreme Court is, under tected as free speech. than a decade ago. It will empower Congress our great Constitution, empowered to define Actual desecration of the flag is, in fact, a to restore legal protection for the flag that ex- Constitutional rights and assure the protection rare occurrence and hardly a threat. There isted under Federal law and the laws of 48 of all the rights of free citizens in the United have been only a handful of flag-burnings in States prior to the Court’s ruling. States. the last decade. It’s not a national problem. What separates our country from authori- Millions of Americans have fought and died Today, we are forced to make a difficult de- tarian regimes is the guarantee of freed in defense of the United States and the flag cision. There is regrettably enormous political speech and expression. It would lessen the which represents our Nation. Allowing persons pressure for us to constrain rights set forth in meaning of those protections to amend our the legal protection to desecrate the flag dis- the Constitution to protect the symbol of this Constitution in this way. honors our Nation’s veterans who served de- nation. This vote is not a litmus test of one’s The amendment is scheduled to go before fending our way of life. Many of the nearly patriotism. What we are choosing today is be- the House this week, although if it passes it 150,000 veterans which live in the five coun- tween the symbol of our country and the soul would still have to face a much tougher audi- ence in the Senate. The good news is that ties which make up my district have expressed of our country. House support of the amendment has been their strong support for this measure. When I vote today, I will vote to support and shrinking in recent years. It is possible that I support this resolution for many reasons, defend the Constitution in all its majesty and if that trend continues, the amendment including the fact that I want to make sure that glory, recognizing that to defile or dishonor the could not only die this year but fail to re- we honor the sacrifice of veterans. I want our flag is a great wrong; but recognizing that the turn in subsequent years. We urge House young people to know that with liberty comes defense of the Constitution, and the rights lawmakers to let this issue go. civic responsibility. I want to restore a sense guaranteed under it, is the ultimate responsi- Mr. BUYER. Mr. Speaker, I rise in support of pride in our Nation and its rich history. I bility of every American. of this amendment to empower Congress to urge my colleagues to join me in supporting I urge my colleagues to honor our flag by enact legislation to protect Old Glory from this resolution. honoring a greater treasure to Americans, our desecration. Mr. DINGELL. Mr. Speaker, I rise today to Constitution. Vote down this bill. This is not an issue about what people can express my outrage at a deplorable and des- Mr. GEKAS. Mr. Speaker, it unifies our sol- say about the flag, the United States, or its picable act which disgraces the honor of our diers in the midst of battle and provides the di- leaders. Those rights are fully protected. The country—the burning of the U.S. flag. Behind rection and morale they need to protect our issue here is that the flag, as a symbol of our the Speaker hangs our flag. It is the most freedom. It unifies our citizens in times of trou- Nation, is so revered that Congress has a beautiful of all flags, with colors of red, white, ble and gives us reason to reflect on and cele- right and an obligation, to prohibit its willful and blue, carrying on its face the great heral- brate our freedom. It is our American flag and and purposeful desecration. It is the conduct dic story of 50 States descended from the for these reasons and more it is a symbol— that is the focus. I have seen our flag on a distant battlefield. original 13 colonies. I love it. I revere it. And perhaps the ultimate symbol—of our freedom. That freedom has not come easily and has I understand what it represents . . . the phys- I have proudly served it in war and peace. not always grown peacefully, but throughout ical embodiment of everything that is great However, today I rise in opposition to H.J. 200 years of history, our flag has always held and good about our Nation. It represents the Res. 36, the flag amendment, which for the freedom of our people, the courage of those first time in over 200 years would amend our the value and meaning of the United States who have defended it, and the resolve of our Bill of Rights. and continues to command respect and admi- people to protect our freedoms from all en- Mr. Speaker, throughout our history, millions ration around the world. Freedom is America’s greatest and most emies, foreign and domestic. of Americans have served under this flag dur- It is no coincidence that when foreigners ing wartime; some have sacrificed their lives recognized attribute. It is symbolized by our wish to criticize America, they burn the Amer- for what this flag stands for: our unity, our flag and evident in the way our flag is treated ican flag. I am sure we all remember the sear- freedom, our tradition, and the glory of our and handled. If we afford our flag our deepest ing images of the flag of our Embassy in Iran country. I have proudly served under our glo- respect, we are cherishing our freedom and which was torn from its pole and burned on rious flag in the Army of the United States dur- praising our nation. When we fail to recognize the street. They burned the flag because it is ing wartime, as a private citizen, and as an the significance of our flag, we will fail to rec- not just some piece of cotton or nylon with elected public official. And like many of my ognize the significance not only of our free- pretty colors. Old Glory is the embodiment of colleagues, I treasure this flag and fully share dom, but also of the potential for freedom all that is America . . . the freedoms of the the deep emotions it invokes. around the world. Constitution, the pride of her citizens, and the But while our flag may symbolize all that is Let us recognize the thoughtful objections of honor of her soldiers, not all of whom made it great about our country, I swore an oath to our opponents and their concern for such an home. uphold the great document which defines our amendment offending the first amendment Across the river from here is a memorial to country, the Constitution of the United States. freedoms. We note that protecting the flag— the valiant efforts of our soldiers to raise the The Constitution is not as visible as is our the symbol of our country—truly protects and flag at Iwo Jima. It was not just a piece of wonderful flag, and oftentimes we forget the respects all our freedoms. cloth that rose on that day over 50 years ago. glory and majesty of this magnificent docu- We can not take our freedom for granted. It was the physical embodiment of all we, as ment—our most fundamental law and rule of We must teach our children and our future Americans, treasure . . . the triumph of liberty order. This document defines our rights, lib- leaders the importance of our freedom and the over totalitarianism; the duty to pass the torch erties and the structure of our government. American flag. Millions of soldiers have fought of liberty to our children undimmed. Written in a few short weeks and months in for our flag and for all that it symbolizes. Many The flag is a symbol worth defending. I urge 1787, it created a more perfect framework for of them have died and many more have been the adoption of the flag protection amendment. government and unity, and defined the rights injured. We can not forget that their courage Mr. CRENSHAW. Mr. speaker, I rise today of the people in this great republic. and sacrifice was not only to guarantee their in support of H.J. Res. 36, which would give The principles spelled out in this document freedom, but also to guarantee our freedom. the Congress the power to prevent the dese- define how an American is different from a cit- Furthermore, they did not fight so that we cration of our Nation’s flag. izen of any other nation in the world. And it is could allow the flag to lose its symbolic impor- The American flag is a national treasure and because of my firm belief in these principles— tance and deserving respect—the opposite, in our Nation’s ultimate symbol of freedom. The the same principles I swore an oat to uphold— fact. They fought to strengthen the value that American flag represents all that unites us as that I must oppose this amendment. If this America holds and that the flag represents. one nation under God. It is a constant re- amendment is adopted, it will be the first time Some nations have a unifying symbol that minder of the ideals we share—patriotism, loy- in the entire history of the United States that originates from their royalty such as a crown alty, love of country. Because of its signifi- we have cut back on our liberties as Ameri- or scepter. Other nations have a unifying sym- cance, we should seek to provide the flag cans as defined in the Bill of Rights. bol such as a crest, cross, or other religious some measure of protection. Prior to the time the Supreme Court spoke symbol. The United States’ unifying symbol is The measure we are considering today in- on this matter, and defined acts of physical her flag, and that originates from nowhere but cludes a simple phrase: ‘‘Congress shall have desecration to the flag under certain condi- our unending desire to uphold our freedom H4062 CONGRESSIONAL RECORD — HOUSE July 17, 2001 and to spread freedom to all peoples in all na- the Congress passes this resolution and it is the First Amendment’s freedom of speech; tions. From Fort McHenry to Iwo Jima, from ratified by the states, this language only gives one must never be able to desecrate our flag Hawaii to Maine, from the Earth to the Moon Congress the authority to pass a law to pro- and claim immunity under the First Amend- and beyond the bounds of our solar system, tect the flag. That will be the appropriate time ment! this flag has always stood and continues to to debate the specifics of how we will protect Mr. Speaker, during World War II, when stand as our strongest unifying symbol—a the flag. Items such as what constitutes dese- those courageous Marines placed our flag symbol of history’s greatest and freest nation. cration and how do we prosecute the offend- atop a makeshift flag pole atop Mt. Suribachi, It is time for the value we hold in the Amer- ers will be better discussed then. Today, we Iwo Jima, at the cost of more than 6,000 lives ican flag to be reflected in our laws. By doing merely seek to give Congress the authority to of our brave Marines, President Roosevelt, in so, we are formally addressing the signifi- have that debate. saluting their courage, stated, ‘‘when uncom- cance of the flag and the significance of deni- So, I urge my colleagues to stand with the mon valor was a common virtue.’’ I urge that grating our flag. Even more importantly, we men and women who have patriotically served all those who believe that the American Flag are formally addressing the significance of their country under the American flag and to can be desecrated in the name of the First freedom. support this resolution. If for no other reason, Amendment go and walk through the hallowed Mr. FRELINGHUYSEN. Mr. Speaker, I rise we should protect the flag out of respect for grounds in Arlington, Virginia, where the Iwo today in support of our American flag, and as those individuals who sacrificed so much so Jima Memorial is situated honoring those a proud original cosponsor of House Joint that we might even have this debate today. brave Marines on that day. To see our flag fly- Resolution 36 to prohibit the physical desecra- But, we should also do so out of our own ing in the breeze makes us all proud to be tion of our most cherished national symbol. sense of patriotism and pride. Americans! The American flag is probably the most rec- Mr. GILMAN. Mr. Speaker, as a proud Mr. Speaker, I urge my colleagues to fully ognizable symbol in the world. Wherever it American, World War II Veteran, and as a support H.J. Res. 36, protecting the honor and flies, it represents freedom. Millions of Ameri- Member of Congress; I rise in strong support integrity of our flag. cans who served our nation in war have car- of H.J. Res. 36, the Flag Protection Amend- Mr. NETHERCUTT. Mr. Speaker, I rise to ried our flag into battle. They have been killed ment of which I am a cosponsor. express my support for this proposed Con- or injured just for wearing it on their uniform, Mr. Speaker, Texas v. Johnson, and its stitutional Amendment. because our flag represents freedom and lib- progeny decided by the United States Su- Our founding fathers’ war-time soliloquies erty, the most feared powers known to tyr- preme Court in 5–4 decisions holds that it is championed freedom in opposition to tyranny anny. Where there is liberty, there is hope. permissible under the 1st Amendment to burn and oppression. However, in deciding to revolt And hope extinguishes the darkness of hatred, or desecrate our Flag, the symbol of our great and in establishing a government based on fear and oppression. nation. That is outrageous. Those cases liberal beliefs, the founding fathers were aware America is not a perfect nation. But to the present clear examples and beg for a Con- of the dangerous tendencies of excessive lib- world, our flag represents that which is right in stitutional Amendment to preserve the honor erty—including freedom of expression. On nu- our nation. To Americans, it represents what and integrity of ‘‘Old Glory.’’ Let it be known merous occasions the Supreme Court has Chief Justice Charles Evans Hughes referred by Constitutional Amendment that those who maintained that certain forms of speech are to as our ‘‘National unity, our national endeav- seek to desecrate or burn the American Flag not protected—that freedom and liberty are or, our national aspiration.’’ It is a remem- will be required to suffer the consequences. not license. brance of past struggles in which we have Mr. Speaker, in the 106th Congress, a reso- Those who desecrate the flag often claim persevered to remain as one nation under lution to propose an anti-desecration amend- they do so for at least one of two reasons. God, indivisible, with liberty and justice for all. ment to the United States Constitution passed First, they are advocating the destruction of Those who would desecrate our flag and all it in the House by a vote of 305 to 124. Regret- government. This argument makes it very represents show no respect for the brave men tably our colleagues in the Senate failed to easy to support the proposed amendment, and women for whom the ideals and honor of achieve the required 2⁄3 votes necessary to and the Supreme Court has held that this is this nation were dearer than life. sustain the amendment. not protected speech. Mr. Speaker, this bill will not make individ- Mr. Speaker, ‘‘Old Glory,’’ is more than a Second, perpetrators of this act claim to be uals who desecrate our flag love our nation or symbol of our great nation. It is the foundation supporting ideals of America’s past that have those who sacrificed to secure the freedoms of our great nation! Our flag, atop masts disappeared. This claim is also an invalid jus- we have today. But, by protecting our flag, we throughout our Nation and throughout the tification. The flag not only represents the cur- will give Americans a unified voice for decry- world is a beacon of liberty, freedom and de- rent state of America, but it also represents ing these reprehensive acts. mocracy. It adorns the uniforms of our dedi- the past. It is America in its totality. It is a I urge my colleagues to support this amend- cated men and women of the Armed Services, symbol of the collective expression of all our ment. we honor our flag by saluting it at sports policies, the wars we have fought and the jus- Mr. FORBES. Mr. Speaker, I rise in strong events, we ‘‘pledge allegiance to the flag of tification for so many honorable deaths. These support of Housing Joint Resolution 36, which the United States of America . . .,’’ we fly it deaths were in defense of many ideals, one of would allow Congress to take action to protect at half-mast to show our respect for our fallen which is not unrestricted freedom of speech. the American flag from desecration. great Americans, and it adorns their caskets What the flag stands for cannot be divided in In fact, one of my very first acts upon being as well. We vividly recall a young John Fitz- parts at one’s convenience and used to pro- sworn in just last month was to cosponsor this gerald Kennedy, Jr., saluting his slain father, test something pertaining to one or even sev- important resolution. Some very respected President John Fitzgerald Kennedy, as the eral areas of our society. It is an expression people have called the flag a mere piece of flag draped caisson made its way to Arlington of the whole. When a flag is destroyed, the cloth. But, I have spoken to many of the men National Cemetery, or our flag being placed perpetrator destroys all the ideals the flag rep- and women who fought and had comrades die on the moon, or atop the highest peaks in the resents. for that piece of cloth and all that it symbol- world, that were conquered by proud Ameri- This Congress has the power to set a new izes. To those patriots, it is much more than cans. precedent. There is substantial public support just another piece of cloth. Mr. Speaker, to say that the desecration of for this initiative. The Greek philosopher Plato A quick review of America’s history of juris- our flag is protected by the First Amendment wrote in his famous work Republic, ‘‘Extreme prudence indicates that our nation has a long is to forget that freedom of expression is not freedom can’t be expected to lead to anything tradition of protecting the flag. It was not until absolute. As Chief Justice Rehnquist stated in but a change to extreme slavery, whether for recently, in 1989, that a closely divided Su- his eloquent and patriotic dissent in Texas v. a private individual or for a city.’’ I believe that preme Court reinterpreted our Constitution to Johnson, which I urge my colleagues and all respect for our national symbol is a minimal allow for the physical desecration of the flag. Americans to read, and which I will enter into restriction on excessive political and artistic Congress has tried to restore the interpretation the Congressional Record, there are the cat- expression in our nation. I urge my colleagues that gave some protection to the flag. But it is egories of the lewd and obscene, the profane, to support this Constitutional Amendment. only through a Constitutional amendment that the libelous, and the ‘‘fighting words’’—those Mr. PUTNAM. Mr. Speaker, I rise today to we will be able to do so without fear that the words which their very utterance inflict injury request the support of this body for the pas- courts will again erase our good work. or tend to incite an immediate breach of the sage of H.J. Res. 36—the Flag Protection It is important to note, Mr. Chairman, that peace, that do not enjoy 1st Amendment pro- Amendment. This legislation will clarify once this is simply a first step on a long road that tection. Just as one cannot yell ‘fire’ in a and for all that the language of Title 4 United we take today to protect the flag. Even once crowded theater, and claim immunity under States Code, section 8, ‘‘No disrespect should July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4063 be shown to the flag of the United States of am deeply offended when people burn or oth- texts, or even the Constitution and Declaration America; the flag should not be dipped to any erwise abuse this precious national symbol. of Independence? The possibilities are limit- person or thing’’ is the law of the land, as well When I was in school, not only did we less and all would stand in opposition to what as the sentiment of most Americans. pledge allegiance to the flag every morning, the founding fathers intended by giving citi- Some opponents of this legislation say that but we were also honored to be selected to zens the right of freedom of speech. we cannot infringe on the First Amendment raise or lower the flag in front of my school. Mr. Speaker, I would never condone burning and the right to free speech. Others argue that Each one of us took on this task with the ut- the American flag. But carving out exceptions the wording of the First Amendment is sacred, most seriousness and respect. to the First Amendment is a slippery slope we and we must not adjust the Bill of Rights to in- I believe that we should still be teaching should not venture down. clude this protection. But, I ask you to take a young people to respect the flag and what it The SPEAKER pro tempore (Mr. moment and think about the Founding Fa- represents. QUINN). All time for general debate has thers. How could they have known that one Our Constitution is the document that pro- expired. day this would be in question? How could they vides the basis for our great country. For two f have imagined that the flag of the country they centuries and a decade, the Constitution—the pledged their lives, fortunes and sacred honor greatest invention of humans—has allowed AMENDMENT IN THE NATURE OF to bring into being would be burned as an act our diverse people to live together, to balance A SUBSTUTUTE OFFERED BY of ‘‘speech’’ by people who enjoy the protec- our various interests, and to thrive. MR. WATT OF NORTH CAROLINA tions of the Nation they sacrificed so much to It has provided each citizen with broad, Mr. WATT of North Carolina. Mr. build? There is no evidence they thought basic rights. Speaker, I offer an amendment in the desecrating the flag would be speech, pro- It doesn’t fly majestically in front of govern- nature of a substitute. tected by the First Amendment. They would ment buildings. We do not pledge allegiance The SPEAKER pro tempore. The have known, and we must recognize, that de- to it each day. Yet, it is the source of our free- Clerk will designate the amendment in stroying the flag is an action, not speech. dom. the nature of a substitute. Mr. Justice White in the 1974 Supreme It tells us that we are free to assemble The text of the amendment in the na- Court case of Smith v. Goguen said, ‘‘There peacefully. We are free to petition our govern- ture of a substitute is as follows: would seem to be little question about the ment; we are free to worship without inter- Amendment in the nature of a substitute power of Congress to forbid the mutilation of ference; free from unlawful search and sei- offered by Mr. WATT of North Carolina: the Lincoln Memorial or to prevent overlaying zure; and free to choose our leaders. It se- Strike all after the resolving clause and in- it with words or other objects. The flag is itself cures the right and means of voting. sert the following: a monument, subject to similar protection.’’ It is these freedoms that define what it is to That the following article is proposed as an amendment to the Constitution of the Mr. Speaker, I am fortunate to have many be an American. veterans residing in my district. While thinking United States, which shall be valid to all in- In its more than 200 years, the Constitution tents and purposes as part of the Constitu- of what I was to say to you today, my has been amended only 27 times. With the thoughts turned to them. We are a nation tion when ratified by the legislatures of exception of the Eighteenth Amendment, three-fourths of the several States within standing strong today because those heroes which was later repealed, these amendments seven years after the date of its submission kept our flag flying in spite of the hardship and have reaffirmed and expanded individual free- for ratification: sacrifice of war. The flag gave them strength doms and the specific mechanisms that allow ‘‘ARTICLE — when they were far from home. Our history is our self-government to function. ‘‘Not inconsistent with the first article of full of testimony that the image that kept our This Resolution before us today would not amendment to this Constitution, the Con- troops moving forward and prisoners enduring perfect the operation of our self-government. It gress shall have power to prohibit the phys- their captivity was the red, the white, and the would not expand our citizen’s rights. ical desecration of the flag of the United blue. Surely the flag is as much a monument Proponents of this constitutional amendment States.’’. to their sacrifice as any tablet of stone or argue that we need to respect our flag. The SPEAKER pro tempore. Pursu- plaque of bronze; and should it not, then, as I believe that the vast majority of Americans ant to House Resolution 189, the gen- Justice White suggested receive the same already respect our flag. tleman from North Carolina (Mr. protection as other monuments? The issue before us is whether our Constitu- WATT) and a Member opposed each will By adding this amendment to the Constitu- tion should be amended so that the Federal control 30 minutes. tion, we are not taking away the freedoms that Is the gentleman from Wisconsin (Mr. our flag symbolizes, rather we are protecting Government can prosecute the handful of SENSENBRENNER) opposed to the amend- our most compelling monument to those who Americans who show contempt for the flag. ment in the nature of a substitute? died—and lived—to make those freedoms To quote James Madison, is this a ‘‘great Mr. SENSENBRENNER. Mr. Speak- possible. I urge you to vote ‘‘yes’’ to H.J. Res. and extraordinary occasion’’ justifying the use er, I rise in opposition to the amend- 36. of a constitutional amendment? Mr. KERNS. Mr. Speaker, I rise today as we The answer is no; this is not such an occa- ment in the nature of a substitute. consider an important piece of legislation to sion. The SPEAKER pro tempore. The gen- protect the symbol of freedom known around I oppose this amendment because I believe tleman from Wisconsin (Mr. SENSEN- the world—the United States flag. Our Amer- that while attempting to preserve the symbol BRENNER) will be recognized in opposi- ican flag is more than just fabric and stitching. of the freedoms we enjoy in this country, it ac- tion. It represents the sacrifices made by genera- tually would harm the substance of these free- The Chair recognizes the gentleman tions of Americans to ensure the liberties that doms. from North Carolina (Mr. WATT). we enjoy each day. The fundamental prin- Mr. LEVIN. Mr. Speaker, I do not approve of Mr. WATT of North Carolina. Mr. ciples of freedom, opportunity, and faith are people burning the U.S. flag. The flag serves Speaker, I yield 2 minutes to the gen- woven into old glory. On porches and main as a proud symbol of our country, denoting tleman from Texas (Mr. GREEN), out- streets throughout Indiana and our great na- truth, freedom and democracy. But as offen- side of the debate on this amendment, tion, Americans display the stars and stripes sive as flag desecration is, I do not believe we to speak on general debate. as a symbol of their patriotic pride for our can protect the flag by weakening the constitu- Mr. GREEN of Texas. Mr. Speaker, I country. From the revolutionary war to modern tion. thank my colleague and classmate, the times, the United States flag has been and One of this country’s most cherished prin- gentleman from North Carolina, for continues to serve as the primary symbol of ciples is that of free speech as found in the yielding time to me. freedom and justice in the world. As a national First Amendment. As Justice Oliver Wendell Like our system goes here in Con- treasure, I believe that our flag deserves our Holmes once wrote, ‘‘The Constitution protects gress, I have a markup going on in the highest respect. For this reason, I ask my col- not only freedom for the thought and expres- Committee on Energy and Commerce leagues to support this legislation to protect sion we agree with, but freedom for the on the energy bill, and have been run- the great symbol of freedom—the United thought we hate, the conduct and action we ning back and forth. I appreciate the States flag. seriously dislike.’’ courtesy of the gentleman, my col- Mr. HOLT. Mr. Speaker, I rise today in op- Should this amendment be approved, it league, in yielding time to me. position to this amendment. could open a Pandora’s box prohibiting other Mr. Speaker, I rise today in support Just as everyone here today, I view the activities. Who is to say restrictions won’t be of the resolution and as a proud co- American flag with a special reverence, and I placed on desecrating religious symbols or sponsor of the original resolution to H4064 CONGRESSIONAL RECORD — HOUSE July 17, 2001 protect one of our Nation’s most sacred length, there are many, many occa- Mr. Speaker, I rise in opposition to and beloved symbols, our flag, from sions, and many of us in this House the amendment in the nature of a sub- desecration. have been invited to occasions where stitute by the gentleman from North This is the fourth consecutive Con- the United States flag is burned. It is Carolina (Mr. WATT). And so that the gress that we have taken up this reso- part of the ritual for doing away with membership is clear what the gen- lution. I hope this time our colleagues a flag in a graceful way. That is an ex- tleman from North Carolina (Mr. in the Senate will join us in passing pression of our respect for the flag, be- WATT) is trying to do, I would like to this amendment and sending it on to cause we have a designated way to dis- read his proposed constitutional the States for ratification. pose of the flag. amendment: ‘‘Not inconsistent with Our flag is a symbol of the men and On the other hand, when people rise the first article of amendment to this women who have fought and died for and make a statement against the constitution, the Congress shall have our country. Their sacrifice is rep- United States government, many of the power to prohibit the physical resented by that flag. To millions of them, some of them, have chosen to desecration of the flag of the United Americans, the flag is more than just make that expression against the States.’’ colored dye and cotton, it is the phys- United States by burning the flag. Now, the only difference between the ical manifestation of our pride, our So when we talk about desecration of substitute of the gentleman from honor, and our dignity both here and a flag or burning of a flag, one means North Carolina and House Joint Reso- around the world. of burning the flag would be protected lution 36 is the phrase ‘‘not incon- To see it stomped, burned, or other- when we agreed or the majority agreed sistent with the first article of amend- wise desecrated is an affront to ordi- with the expression that was being ment to this constitution.’’ What the nary hardworking Americans. We can- made. substitute does is to punt this issue not do anything about someone doing The other means, when we disagreed right back to the Supreme Court of the it in other parts of the world, but we with the expression that the protester United States, because the Court twice, can do something about it in our own or person who was making a statement in a 5 to 4 decision in the Johnson and country. against the United States was making, Eichman cases, allowed flag desecra- To those who argue that this sacred then we would, in effect, be stopping tion based on first amendment symbol is just a piece of cloth, I chal- that person from exercising their free- grounds. lenge them to remember some of the dom of speech. This is kind of a not-so-subtle way of ways our flag is used: leading our ath- The problem comes that if we put the saying that the Supreme Court was letes during opening ceremonies for the proposed constitutional amendment in right, because if we send this whole Olympics, flying at half staff to mark our Constitution as it is written, the issue back to the Supreme Court, they national tragedies, and covering the re- Supreme Court is going to come to a will use the precedent that they estab- mains of our brave soldiers and service very serious fork in the road. One lished in 1989 and 1990 as controlling personnel who have given their lives amendment would say that we prohibit and allow flag desecration to go on. for our country. the physical desecration of the flag, But I think there is a greater issue in- When the flag is desecrated, so, too, and the Supreme Court has already volved than just the issue of whether are the moments in these memories. I held that in some cases that is con- or not the Constitution should be hope my colleagues will join me in vot- stitutionally protected free speech. The amended to prohibit flag desecration, ing for this resolution. first amendment will still be on the and that is whether or not this House Mr. WATT of North Carolina. Mr. books, so the Supreme Court will have of Representatives should go along Speaker, I yield myself such time as I to decide which one of these constitu- with unraveling the elaborate system may consume. tional amendments, the first amend- of checks and balances put into our Mr. Speaker, the underlying proposed ment or this proposed constitutional Constitution by the framers in order to constitutional amendment that is the amendment which we are debating, will prevent one branch of government from subject of this debate, and which has it give precedence to. becoming too powerful. been the subject of general debate for The amendment in the nature of a As I said during the general debate, now almost 2 hours, reads: ‘‘The Con- substitute resolves that dispute. It ba- Mr. Speaker, the amendment procedure gress shall have power to prohibit the sically says that if one can do away for the Constitution of the United physical desecration of the flag of the with or if Congress can pass a law that States was, in part, designed to prevent United States.’’ prohibits the physical desecration of the courts from becoming too powerful. The proposed amendment in the na- the flag of the United States in such a Three of the 17 amendments that were ture of a substitute, which I am offer- way that it does not impinge, does not proposed following the Bill of Rights, ing to the underlying proposed con- discriminate against people who are and ratified by the States, overturned stitutional amendment, reads: ‘‘Not in- expressing their views, then it can do court decisions that were determined consistent with the first article of so. But if the Congress passes a law not to be good law by the Congress and amendment to this Constitution, the which does impinge on the freedom of by three-quarters of the State legisla- Congress shall have power to prohibit expression, then it should be clear that tures. the physical desecration of the flag of the first amendment to the Constitu- the United States.’’ tion, which has served this Nation well Now, if the gentleman from North We should be clear that many people for low so many years, should be the Carolina and the supporters of his think that the desecration, the burning controlling amendment to the Con- amendment want to toss this matter of a flag, is a part of an expression stitution. back to the courts, then just defeat the against the United States, against amendment that we are debating some action of the United States, and b 1445 today. Because that will mean that the is a protected means of speech. The Su- And so it is in that context that we court decisions in Johnson and preme Court has so held, and if the Su- offer this substitute. Eichman will be the controlling law preme Court did not hold such, I think I wanted to give this opening state- until the Supreme Court changes its that we would be in a position where ment so that everybody would under- mind and either overrules or modifies we could selectively decide who could stand that we are trying to resolve a its decisions. burn a flag and who could not burn a potential dispute between two poten- I believe that the House of Rep- flag based on whether we agreed with tially conflicting provisions in the resentatives today should hit this issue the expression that they were intend- Constitution. head on. If my colleagues do not want ing to make or whether we disagreed Mr. Speaker, having kind of framed a constitutional amendment to protect with the expression they intended to the issue in that way, I reserve the bal- the flag from physical desecration, make. ance of my time. then vote it down on the merits on the As we will hear, I am sure, from the Mr. SENSENBRENNER. Mr. Speak- floor, but do not put this House on gentleman from Virginia (Mr. SCOTT), er, I yield myself such time as I may record saying that if we agree with the who has studied this issue at some consume. Supreme Court decision then we should July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4065 amend the Constitution in order to rat- So, if we say something nice while Again, some have argued this does ify that Supreme Court decision, be- burning a flag, that is okay; but if not happen any more. It has happened cause that is what the substitute of- something is said which offends the 86 times in the recent past, in 29 States fered by the gentleman from North local sheriff as the flag is burned, then and in the District of Columbia and in Carolina does. it would be illegal. This is nothing less Puerto Rico, for example. We are able Vote down the Watt substitute, pass than an attempt to suppress speech, to differentiate, just as we are able to the original amendment that has been and government officials should not be differentiate, for example, a surgeon reported by the Committee on the Ju- in the position of deciding which who has a scalpel and operates on a diciary. speech is good and which speech is bad. person to assist them, to do something, Mr. Speaker, I reserve the balance of I believe the Watt amendment will help to cure a disease or to cure some prob- my time. remedy this problem by requiring the lem that person has from another per- Mr. WATT of North Carolina. Mr. criminalization of flag burning related son coming up with a knife and stab- Speaker, I yield such time as he may to crimes must be consistent with the bing a person with it. It is easy to dif- consume to the gentleman from Vir- first amendment. ferentiate between the two, just as it is ginia (Mr. SCOTT). Now, there would still be other prob- easy to differentiate between appro- Mr. SCOTT. Mr. Speaker, I rise in lems, like what is a flag? Is a picture of priate disposal of the flag and not ap- support of the Watt amendment, and I a flag, a flag? What is desecration and propriate disposal. thank the gentleman for yielding me what does that mean? Who gets to de- The gentleman’s substitute amend- this time. cide when an expression constitutes ment, again, says ‘‘not inconsistent Once again it is around the 4th of desecration? And what other symbols, with the first article of amendment of July, and we are discussing the current like Bibles or copies of the Constitu- this constitution.’’ We already know version of what is often referred to as tion, should also be protected? Those what this Supreme Court, at least five the ‘‘flag burning amendment.’’ The problems still remain, but I ask my of the justices of the Supreme Court, gentleman from North Carolina has of- colleagues to join me in supporting think about desecration of the flag. We fered a meaningful alternative, one this amendment. know that they think that it amounts Mr. SENSENBRENNER. Mr. Speak- that will continue to protect the rights to expression and that that is pro- er, I yield such time as he may con- of free speech under the first amend- tected by the first amendment in that sume to the gentleman from Ohio (Mr. ment and is consistent with the opin- 5 to 4 decision. And since this language ions of former Senator John Glenn and CHABOT). Mr. CHABOT. Mr. Speaker, I thank would come first in the amendment, it Secretary of State Colin Powell, both would be controlling. So, in essence, if of whom have spoken out in support of the gentleman for yielding me this time, and I rise in opposition to the we would pass the substitute amend- protecting the right of free speech and ment of the gentleman from North against the underlying amendment in substitute amendment of the gen- tleman from North Carolina (Mr. Carolina as he proposes, it would ap- its present form. pear that we are passing an amend- The Supreme Court has considered WATT). The gentleman from Virginia (Mr. ment to protect the flag, to stop dese- the restrictions which are permissible SCOTT) has, in essence, indicated that cration of the flag in this country; but by the Government under the first it is going to be difficult or perhaps im- in essence, we would be passing abso- amendment. For example, with respect possible to differentiate between appro- lutely nothing. It would be a sham. For to speech, time, place and matter may priate burning of the flag or proper that reason, I oppose the amendment. generally be regulated, while content burning of the flag and an inappro- Mr. WATT of North Carolina. Mr. cannot. So if a group or individual priate or desecrating of the flag. This Speaker, I yield 5 minutes to the gen- wishes want to have a protest march, argument has been made other times. tleman from Virginia (Mr. MORAN). the Government can restrict the par- How do we differentiate between the Mr. MORAN of Virginia. Mr. Speak- ticulars of the march: what time it is two? This is done by tradition and by er, I rise in opposition to this well-in- held, where it is held, how loud it can practice. For 100 years, our courts and tentioned amendment. When I was first be. But it cannot restrict what people the American people were able to tell elected to the House, I cosponsored the are marching about. We cannot allow the difference between desecration and flag burning amendment. I did so for some marchers and ban others just be- the proper disposal of worn flags. many of the same reasons that pro- cause we disagree with the message. In the absence of a provision of some ponents of the amendment have ex- The only exception to the prohibition way to dispose of American flags, we pressed today. It is disturbing to think on regulation of content are situations, would have to maintain them into per- of someone burning the flag of the for example, where speech creates an petuity. It did not present a problem United States. It is an action that imminent threat of violence. Burning a before, it has not throughout our Na- holds in contempt the greatness of this flag will not necessarily create an im- tion’s history, and there is no reason to Nation and all those who gave up their minent threat of violence, particularly think it would be a problem now. In lives defending this symbol of freedom if someone is burning his own flag in 1989, Congress passed the Flag Protec- that our flag represents. It is an act for his own back yard. Yet this is precisely tion Act and was able to define dese- cowards. the behavior prohibited by the under- cration and flag. Additionally, the U.S. And yet looking back, I was moved lying amendment. Code defines the terms and it always by my heart more than my head. His- We should all understand that flags has. tory informs us that the strength of are burned every day in this country. In any event, we trust the good com- America is derived from its basic Indeed, flag burning is considered the mon sense of the American people and ideals, one of the most important of proper way to retire a flag. And every the fairness of the courts to resolve which is tolerance for the full expres- year around Flag Day or the 4th of any unforeseen problems. And, ulti- sion of ideas, even the most obnoxious July, flags are burned en masse in mately, that is what would happen if ones. order to retire them. When these flags there was a disagreement on whether For more than 2 centuries, the first are burned, those attending the cere- something was an appropriate disposal amendment to the Constitution has mony or doing the burning say some- of a flag in one person’s mind or dese- safeguarded the right of our people to thing respectful about the flag. Flag cration in the other. The courts could write or publish almost anything with- burning under those circumstances is step in, as has happened in the past. We out interference, to practice their reli- considered appropriate and would re- should be able to easily differentiate gion freely and to protest against the main legal under this amendment. between a ceremony that many of us Government in almost every way imag- However, when protestors burn a flag have gone to on Memorial Day, for ex- inable. It is a sign of our strength that, in exactly the same manner, but when ample. Many of us go back into our dis- unlike so many repressive nations on accompanied by words of protest, well, tricts and participate in those cere- earth, ours is a country with a con- the underlying amendment would monies. That is clearly different than a stitution and a body of laws that ac- make that instance of flag burning ille- person who goes out and desecrates a commodates a wide-ranging public de- gal. flag or sets it on fire, as has happened. bate. We must not become the first H4066 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Congress in U.S. history to chill public tunity for those who are in swing dis- the right of the KKK to march and ex- debate by tampering with the first tricts to have the opportunity to vote press themselves, I think that gives amendment. for something and vote against ours. some indication of what I feel about Mr. Speaker, H. L. Mencken once When we look at what we have of- the first amendment and the right that said, ‘‘The trouble with fighting for fered in the original flag constitutional all of us, I think, are fighting to pro- human freedom is that one spends most amendment, H.J.Res. 36, we are simply tect, which is the right of people to ex- of one’s time defending scoundrels, for saying that our flag is not just a piece press themselves, whether we agree it is against scoundrels that oppressive of cloth, we are saying it is something with what they are saying or disagree laws are first aimed. And oppression much more. To desecrate it is to dese- with what they are saying. must be stopped at the beginning if it crate the memory of thousands of This is not about seeking political is to be stopped at all.’’ Flag burners Americans who have sacrificed their cover. This is about protecting the are generally scoundrels. On that much lives to keep that banner flying intact. very Constitution that we are oper- we would agree. But we ought not give So it is to desecrate everything this ating under and have been operating them any more attention than they de- country stands for. under for years and years. serve. I would remind the Members who do Mr. Speaker, I want to make that Mr. Speaker, former Senator Chuck not support our original amendment clear to the gentleman. This is not, as Robb sacrificed his political career by and support the substitute that we also the gentleman characterized it, a polit- doing such things as voting against note in our laws we protect our money ical exercise. And the gentleman this amendment in order to defend the from desecration, destruction. So if should also be clear that this is not the very freedoms that the American flag that is true for our money, why is that Republican side versus our side, that is represents. not true for the flag? the Democratic side. The last time I Obviously there is a debate on this checked, there were people of goodwill, b 1500 all the time and we cannot get com- both Republicans and Democrats, on In his Senate floor statement last plete support on this, but I think in both sides of the aisle on this issue. year, he described how he had been pre- this case that we can talk and talk and The one thing that I think we all pared to give up his life in the Vietnam talk about first amendment rights and agree on is that we believe in this War in order to protect the very free- everything but clearly that your country and the principles on which it doms that this constitutional amend- amendment is just really subterfuge to was founded, and we will all fight and ment would suppress. He did wind up try to protect Members who want to defend those principles. I finally got to giving up his political career by show- have it both ways. that point with the gentleman from ing the courage to vote against this Supreme Court Justice John Paul California (Mr. CUNNINGHAM), my good amendment. Stevens claims that the act of flag friend, who is in the Chamber. We got Not having fought in a war, I should burning has nothing to do with dis- past that. Let us not call names. do no less than Senator Robb did in de- agreeable ideas, but rather involves Mr. STEARNS. Mr. Speaker, will the fense of the freedom he and so many of conduct that diminishes the value of gentleman yield? my peers were willing to defend with an important national asset. The act of Mr. WATT of North Carolina. I yield their lives. flag burning is meant to provoke and to the gentleman from Florida. Mr. STEARNS. Mr. Speaker, could This amendment should be defeated. arouse and not to reason. Flag burning the gentleman give me an example I think the substitute amendment is is simply an act of cultural and patri- where in his mind the authors of this appropriate. It should be supported. otic destruction. substitute give a specific example But this amendment should be defeated The American people revere the flag where the first amendment would be in in our national interest, regardless of of the United States as a unique sym- conflict with physical desecration of the consequences to our personal and bol of our Nation, representing our political interests. the flag? commonly held belief in liberty and Mr. WATT of North Carolina. Re- Mr. SENSENBRENNER: Mr. Speak- justice. Regardless of our ethnic, racial er, I yield 3 minutes to the gentleman claiming my time, I have a very lim- or religious diversity, the flag rep- ited amount of time. Had the gen- from Florida (Mr. STEARNS). resent oneness as a people. The Amer- Mr. STEARNS. Mr. Speaker, I rise tleman been on the floor at the outset ican flag has inspired men and women of this debate, he would have heard against the substitute offered by the to accomplish courageous deeds that gentleman from North Carolina (Mr. what this amendment is all about. The won our independence, made our Na- only way I can do that now is to go WATT). tion great and, of course, advanced our back and restate it. It is in the record, We have seen this debate before values throughout the world which the where our side has proposed the flag though. I will just stand on the record. rest of the country is adopting. Mr. Mr. Speaker, I reserve the balance of constitutional amendment and we have Speaker, I say we should defeat this my time. seen your side always provide a sub- substitute. Mr. SENSENBRENNER. Mr. Speak- stitute. Generally, your substitute has Mr. WATT of North Carolina. Mr. er, I have no further requests for time, been a method to give you the ability Speaker, I yield myself such time as I and I reserve the balance of my time to to vote for it and still go back to your may consume. close. constituents and say that you believe First of all, let me address the com- Mr. WATT of North Carolina. Mr. that the physical desecration of the ments made by my colleague, the gen- Speaker, I yield myself such time as I flag of the United States is bad. That is tleman from Florida (Mr. STEARNS), may consume. what your amendment is, quite simply. and make it absolutely clear to him Mr. SCOTT. Mr. Speaker, will the Because if you were really sincere that for those of us who have different gentleman yield? about this debate, you would not have opinions about what the first amend- Mr. WATT of North Carolina. I yield this sentence in your substitute ment covers than yours, it does not to the gentleman from Virginia. amendment: ‘‘Not inconsistent with mean that we do not have political Mr. SCOTT. Mr. Speaker, I ask the the first article of amendment to this heart. It just means we have a dif- gentleman to yield so I can respond Constitution.’’ ference of opinion. briefly to the gentleman from Florida I am sure that my colleagues would Those of us who have stood for the (Mr. STEARNS) because I think it is im- be willing to explain why they would first amendment to the Constitution portant to know about the importance have that in if, in fact, they felt that are people like myself who, in the prac- of the first amendment. the Congress should have the power to tice of law, actively defended the right When we talk about some burning prohibit the physical desecration of the of the Ku Klux Klan to march. would be legal and some would not, if flag of the United States. But the fact Mr. Speaker, maybe my colleagues someone is being arrested because of that you put that in with a contin- can say I do not have any heart. Maybe the message, if someone is burning the gency would show that you do not real- my colleagues can say I am looking for flag and says something nice about the ly have your heart in this debate. This political cover. But when I go back Vietnam War, would that be desecra- is really, in my opinion, just the oppor- into my community and stand up for tion? If someone says something in July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4067 protest of the Vietnam War, would that this debate. When we first started Eichman cases, this decision of the be desecration? It is the same act. If doing this 5 or 6 years ago, I actually Wisconsin Supreme Court, I believe, is the local sheriff happens to be of a par- resented having to do this every year. a case in point. I think that whether ticular view on that, he would want to Now I actually think that it is a good one supports or opposes House Joint arrest the burner because he is of- debate for our country. Resolution 36 goes down to a question fended. Mr. Speaker, 5 or 6 years ago when I of values. We have heard those values Mr. Speaker, that is why it is impor- first started debating this, I used to spoken today very eloquently on both tant that we have the first clause in think, as the gentleman from Florida sides. But I think that protecting the the Watt amendment. It would have to (Mr. STEARNS) now thinks, that every- flag should be one of our paramount be consistent with the first amend- body on the opposite side of this issue goals, because the flag does stand for ment. The first amendment would say was unAmerican because they did not all Americans. The flag does stand for that one cannot restrict by virtue of believe in the first amendment. the principles that are contained in the the content. We can restrict the way Mr. Speaker, folks used to come in Declaration of Independence and the the flag is burned, the time the flag is the Chamber and they would shout at Constitution. The flag does stand for burned, but not the message delivered me that I was unAmerican because I the values that 700,000 young men and when the burning is going on. did not support what they wanted; and young women died for in the wars that Mr. WATT of North Carolina. Mr. I would shout at them that they were this country has fought over the last Speaker, I thank the gentleman for his unAmerican because they did not be- 225 years. If we can say that it is a Fed- intervention. lieve in what I believed in. eral crime to burn a dollar bill, we Mr. Speaker, in closing, first of all, I b 1515 ought to be able to say it is a Federal crime to burn the American flag. want to respond to the comments of I think about 2 or 3 years into the de- the gentleman from Wisconsin (Mr. I urge the defeat of the substitute bate, it became apparent to me that ev- and the passage of the constitutional SENSENBRENNER) that he made in his erybody on all sides of this issue is a opening statement, that the effect of amendment. patriot. And I think we finally got to Mr. CONYERS. Mr. Speaker, I strongly sup- this proposed substitute would be to that resolution last year or the year port the substitute offered by Mr. WATT. punt this proposed issue back to the before last when we had a very, very United States Supreme Court. This substitute goes to the heart of what dignified debate that allowed every- we’re debating. If the sponsors of H.J. Res. 36 It is interesting that the chairman of body to express their opinions on this the Committee on the Judiciary would really believe that the proposed amendments proposed constitutional amendment, does not supersede the First Amendment, say that, because, by passing the un- on the proposed substitute, and every- derlying proposal, we do not do away they ought to have no problem supporting this body went away understanding more substitute. with the first amendment to the Con- fully what free speech and expression is stitution. The Supreme Court is going And if H.J. Res. 36 does supersede the all about and why we value our country First Amendment, then the sponsors should to have to reconcile this proposed con- as we do regardless of where we stand stitutional amendment with the first have the courage to admit it—so the American on this issue. people can make an informed decision about amendment as it stands now; and so There is dignity in this debate. It is the notion that we are somehow, by this issue. not a partisan debate. It is not a racial In my view it is clear that H.J. Res. 36 di- not putting the language that we have debate. It is not a philosophical debate. rectly alters the free speech protections of the proposed in the constitutional amend- This is all about what you think this First Amendment. There can be no doubt that ment, are going to save ourselves from country stands for and what you think ‘‘symbolic speech’’ relating to the flag falls the United States Supreme Court in- the first amendment stands for. I ap- squarely within the ambit of traditionally pro- terpreting the first amendment is just plaud my colleagues for engaging in tected speech. not the case. this dignified debate. Our nation was born in the dramatic sym- At some point this issue is going Mr. Speaker, I yield back the balance bolic speech of the Boston Tea Party, and our back to the Supreme Court, whether it of my time. courts have long recognized that expressive goes back under my substitute or Mr. SENSENBRENNER. Mr. Speak- speech associated with the flag is protected whether it goes back under the pro- er, I yield myself the balance of my under the First Amendment. posed constitutional amendment. time. Also, as H.J. Res. 36 is currently drafted, it We can say to ourselves we have re- Mr. Speaker, I am willing to stipu- will allow Congress to outlay activities that go solved this issue, but if in fact it is late that everybody who has debated well beyond free speech. The amendment speech to burn a flag in the course of a this question today, on either side of gives us no guidance whatsoever as to what demonstration or protest expressing the issue, is just as patriotic as every- if any provisions of the First Amendment, the one’s self, if it was protected by the body else. There is a legitimate dif- Bill of Rights, or the Constitution in general first amendment before this proposed ference of opinion on whether or not we that it is designed to overrule. constitutional amendment, then that should propose a constitutional amend- Some have suggested that the amendment act is still going to be protected by the ment for the States to consider and goes so far as to allow the criminalization of first amendment unless the effect of ratify to protect the United States flag wearing clothing with the flag on it. This goes this is to repeal the first amendment. from physical desecration. I think that well beyond overturning the Johnson case and So it is not as if we are doing away the case is overwhelming on why we indicates that the flag desecration amendment with the first amendment. In any ought to do that. could permit prosecution under statutes that event, this all must be resolved. I do I would just like to cite one legal de- were otherwise unconstitutionally void of not think there is any credibility in cision from my home State, in the case vagueness. that analysis. This issue is going back of the State of Wisconsin v. Matthew C. For example, the Supreme Court in 1974 to the Supreme Court, and the Su- Janssen, Supreme Court of Wisconsin, declared unconstitutionally vague a statute preme Court will reconcile whatever decided on June 25, 1998, where the that criminalized treating the flag contemp- amendment we make. State Supreme Court, citing the John- tuously and did not uphold the conviction of an I am just trying to make it clear that son and Eichman cases as precedent, individual wearing a flag patch on his pants. in my order of priorities I want the declared unconstitutional the Wis- So unless we clarify H.J. Res. 36, the legisla- first amendment to the Constitution, consin flag desecration statute in the tion would allow such a prosecution despite which has been on the books for all case where the defendant defecated on that statute’s vagueness. these years that our country has been the American flag. And there the court Finally, it is insufficient to respond to these around, to still be the preeminent determined that because the defendant concerns by asserting that the courts can eas- amendment to the Constitution. I do claimed that this disgusting act was a ily work out the meaning of the terms in the not want something that this Congress political expression, he could not be same way that they have given meaning to has done in the heat of some political criminally prosecuted because the stat- other terms in the Bill of Rights such as ‘‘due moment to supersede that. ute was unconstitutional. process.’’ Second, I want to close by just say- Now, if there ever was a reason why Unlike the other provisions of the Bill of ing how much I have come to welcome we should overturn the Johnson and Rights, H.J. Res. 36 represents an open- H4068 CONGRESSIONAL RECORD — HOUSE July 17, 2001 ended and unchartered invasion of our rights Carson (OK) Horn Putnam b 1557 Castle Hostettler Quinn and liberties, rather than a back-up mecha- Chabot Houghton Radanovich Messrs. MCINTYRE, DEMINT, nism to prevent the government from usurping Chambliss Hulshof Rahall THOMPSON of California, PICK- Clement Hunter Ramstad our rights. ERING, STARK, MCDERMOTT, I urge the Members to support the substitute Coble Hutchinson Regula Collins Hyde Rehberg SERRANO, and Ms. LOFGREN, Ms. and oppose altering the Bill of Rights. Combest Isakson Reynolds LEE, Mrs. NAPOLITANO, Ms. VELAZ- Mr. SENSENBRENNER. Mr. Speak- Condit Issa Rivers QUEZ, and Mrs. DAVIS of California er, I yield back the balance of my time. Conyers Istook Rodriguez Cooksey Jenkins Roemer changed their vote from ‘‘yea’’ to The SPEAKER pro tempore (Mr. LIN- Costello John Rogers (KY) ‘‘nay.’’ DER). Pursuant to House Resolution Cox Johnson (CT) Rogers (MI) Messrs. RANGEL, ALLEN, DICKS, Rohrabacher 189, the previous question is ordered on Cramer Johnson (IL) MCGOVERN, and HILLIARD changed the joint resolution and on the amend- Crane Johnson, Sam Ros-Lehtinen Crenshaw Jones (NC) Ross their vote from ‘‘nay’’ to ‘‘yea.’’ ment in the nature of a substitute of- Crowley Kanjorski Rothman So the amendment in the nature of a fered by the gentleman from North Cubin Kaptur Roukema substitute was rejected. Carolina (Mr. WATT). Culberson Keller Royce Ryan (WI) The result of the vote was announced The question is on the amendment in Cunningham Kelly Davis (CA) Kennedy (MN) Ryun (KS) as above recorded. the nature of a substitute offered by Davis (FL) Kerns Sanchez The SPEAKER pro tempore (Mr. LIN- the gentleman from North Carolina Davis, Jo Ann Kildee Saxton Scarborough DER). The question is on engrossment (Mr. WATT). Davis, Tom King (NY) and third reading of the joint resolu- Deal Kingston Schaffer The question was taken; and the DeGette Kirk Schakowsky tion. Speaker pro tempore announced that DeLauro Knollenberg Schrock The joint resolution was ordered to DeLay Kucinich Sensenbrenner the noes appeared to have it. Serrano be engrossed and read a third time, and Mr. WATT of North Carolina. Mr. DeMint LaHood Deutsch Langevin Sessions was read the third time. Shaw Speaker, I object to the vote on the Diaz-Balart Largent The SPEAKER pro tempore. The Shays ground that a quorum is not present Dingell Latham Sherman question is on the passage of the joint Doggett LaTourette and make the point of order that a Sherwood resolution. Dooley Lee Shimkus quorum is not present. Doolittle Levin The question was taken; and the Shows The SPEAKER pro tempore. Evi- Doyle Lewis (CA) Speaker pro tempore announced that Shuster Dreier Lewis (KY) dently a quorum is not present. Simmons the ayes appeared to have it. Duncan Linder The Sergeant at Arms will notify ab- Simpson Mr. SENSENBRENNER. Mr. Speak- Dunn Lipinski Skeen sent Members. Edwards LoBiondo er, on that I demand the yeas and nays. Skelton Lofgren The vote was taken by electronic de- Ehlers Smith (MI) The yeas and nays were ordered. vice, and there were—yeas 100, nays Ehrlich Lucas (KY) Smith (NJ) The vote was taken by electronic de- Emerson Lucas (OK) Smith (TX) 324, not voting 9, as follows: English Luther vice, and there were—yeas 298, nays Smith (WA) 125, not voting 10, as follows: [Roll No. 231] Eshoo Maloney (CT) Snyder YEAS—100 Everett Manzullo Solis [Roll No. 232] Farr Mascara Souder Abercrombie Hoyer Nadler YEAS—298 Ferguson McCarthy (NY) Spratt Allen Inslee Neal Filner McCrery Stark Aderholt Collins Graham Baldwin Israel Obey Flake McDermott Stearns Akin Combest Granger Barrett Jackson (IL) Olver Fletcher McHugh Stenholm Andrews Condit Graves Becerra Jackson-Lee Pastor Foley McInnis Strickland Armey Cooksey Green (TX) Berman (TX) Paul Forbes McIntyre Stump Baca Costello Green (WI) Blagojevich Johnson, E. B. Payne Ford McKeon Stupak Bachus Cox Grucci Blumenauer Jones (OH) Pelosi Fossella McNulty Sununu Baird Cramer Gutierrez Bonior Kennedy (RI) Price (NC) Frelinghuysen Menendez Sweeney Baker Crane Gutknecht Borski Kilpatrick Rangel Frost Mica Tancredo Baldacci Crenshaw Hall (TX) Boucher Kind (WI) Roybal-Allard Gallegly Miller (FL) Tauzin Ballenger Crowley Hansen Brady (PA) Kleczka Rush Ganske Miller, Gary Taylor (MS) Barcia Cubin Harman Capuano Kolbe Sabo Gekas Miller, George Taylor (NC) Barr Culberson Hart Cardin LaFalce Sanders Gibbons Mink Terry Bartlett Cummings Hastings (WA) Clay Lampson Sandlin Gilchrest Mollohan Thomas Barton Cunningham Hayes Clayton Lantos Sawyer Gillmor Moore Thompson (CA) Bass Davis (FL) Hayworth Clyburn Larsen (WA) Scott Gilman Moran (KS) Thornberry Bentsen Davis, Jo Ann Hefley Coyne Larson (CT) Shadegg Goode Morella Thune Bereuter Davis, Tom Herger Cummings Leach Slaughter Goodlatte Murtha Thurman Berkley Deal Hilleary Davis (IL) Lewis (GA) Tanner Gordon Myrick Tiahrt Berry DeLay Hilliard DeFazio Lowey Tauscher Goss Napolitano Tiberi Biggert DeMint Hinojosa Dicks Maloney (NY) Thompson (MS) Graham Nethercutt Toomey Bilirakis Deutsch Hobson Engel Markey Tierney Granger Ney Traficant Blagojevich Diaz-Balart Holden Etheridge Matheson Towns Graves Northup Turner Blunt Dooley Horn Evans Matsui Udall (CO) Green (TX) Norwood Upton Boehlert Doolittle Hostettler Fattah McCarthy (MO) Udall (NM) Green (WI) Nussle Velazquez Boehner Doyle Houghton Frank McCollum Visclosky Grucci Oberstar Vitter Bonilla Duncan Hulshof Gonzalez McGovern Waters Gutknecht Ortiz Walden Bono Dunn Hunter Greenwood McKinney Watt (NC) Hall (OH) Osborne Walsh Boswell Edwards Hutchinson Gutierrez Meehan Waxman Hall (TX) Ose Wamp Boyd Ehrlich Hyde Hastings (FL) Meek (FL) Weiner Hansen Otter Watkins (OK) Brady (TX) Emerson Isakson Hilliard Meeks (NY) Wexler Harman Oxley Watson (CA) Brown (FL) English Issa Hinchey Millender- Hart Pallone Watts (OK) Brown (OH) Etheridge Istook Hoeffel McDonald Hastings (WA) Pascrell Weldon (FL) Brown (SC) Everett Jenkins Hooley Moran (VA) Hayes Pence Weldon (PA) Bryant Ferguson John Burr Fletcher Johnson (CT) NAYS—324 Hayworth Peterson (MN) Weller Hefley Peterson (PA) Whitfield Burton Foley Johnson (IL) Ackerman Bass Brown (FL) Herger Petri Wicker Buyer Forbes Johnson, Sam Aderholt Bentsen Brown (OH) Hill Phelps Wilson Callahan Ford Jones (NC) Akin Bereuter Brown (SC) Hilleary Pickering Wolf Calvert Fossella Kanjorski Andrews Berkley Bryant Hinojosa Pitts Woolsey Camp Frelinghuysen Kaptur Armey Berry Burr Hobson Platts Wu Cannon Frost Keller Baca Biggert Burton Hoekstra Pombo Wynn Cantor Gallegly Kelly Bachus Bilirakis Buyer Holden Pomeroy Young (AK) Capito Ganske Kennedy (MN) Baird Blunt Callahan Holt Portman Young (FL) Capps Gekas Kerns Baker Boehlert Calvert Honda Pryce (OH) Carson (OK) Gibbons Kildee Baldacci Boehner Camp Castle Gillmor King (NY) Ballenger Bonilla Cannon NOT VOTING—9 Chabot Gilman Kingston Barcia Bono Cantor Chambliss Goode Kirk Barr Boswell Capito Bishop Jefferson Riley Clement Goodlatte Knollenberg Bartlett Boyd Capps Delahunt Owens Schiff Clyburn Gordon Kucinich Barton Brady (TX) Carson (IN) Gephardt Reyes Spence Coble Goss LaHood July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4069 Lampson Pallone Skeen b 1614 Whole House on the state of the Union for Langevin Pascrell Skelton consideration of the bill (H.R. 2500) making Lantos Pence Smith (MI) So (two-thirds having voted in favor appropriations for the Departments of Com- Largent Peterson (PA) Smith (NJ) thereof) the joint resolution was Larson (CT) Phelps Smith (TX) merce, Justice, and State, the Judiciary, and Latham Pickering Smith (WA) passed. related agencies for the fiscal year ending LaTourette Pitts Souder The result of the vote was announced September 30, 2002, and for other purposes. Lewis (CA) Platts Spratt as above recorded. The first reading of the bill shall be dis- Lewis (KY) Pombo Stearns A motion to reconsider was laid on pensed with. All points of order against con- Linder Pomeroy Stenholm the table. sideration of the bill are waived. General de- Lipinski Portman Strickland bate shall be confined to the bill and shall LoBiondo Pryce (OH) Stump Stated for: not exceed one hour equally divided and con- Lucas (KY) Putnam Stupak Mr. PETERSON of Minnesota. Mr. Speaker, Lucas (OK) Quinn Sununu trolled by the chairman and ranking minor- Luther Radanovich Sweeney during rollcall vote No. 232 on H.J. Res. 36, ity member of the Committee on Appropria- Maloney (CT) Rahall Tancredo I mistakenly recorded my vote as ‘‘nay’’ when tions. After general debate the bill shall be Manzullo Ramstad Tauzin I should have voted ‘‘aye’’. considered for amendment under the five- Mascara Regula Taylor (MS) Stated against: minute rule. Points of order against provi- McCarthy (NY) Rehberg Taylor (NC) sions in the bill for failure to comply with McCrery Reynolds Terry Mr. KOLBE. Earlier today, I was absent dur- clause 2 of rule XXI are waived except as fol- McGovern Rodriguez Thomas ing the vote on final passage of H.J. Res. 36, lows: beginning with ‘‘Provided’’ on page 19, McHugh Roemer Thompson (MS) proposing an amendment to the Constitution McInnis Rogers (KY) Thornberry line 13, through ‘‘workyears:’’ on line 19. McIntyre Rogers (MI) Thune of the United States authorizing the Congress Where points of order are waived against McKeon Rohrabacher Thurman to prohibit the physical desecration of the flag part of a paragraph, points of order against a McNulty Ros-Lehtinen Tiahrt of the United States. provision in another part of such paragraph Menendez Ross Tiberi Had I been present, I would have voted may be made only against such provision Mica Rothman Toomey Millender- Roukema Towns ‘‘nay’’ on this vote, No. 232. and not against the entire paragraph. During consideration of the bill for amendment, the McDonald Royce Traficant f Miller (FL) Rush Turner Chairman of the Committee of the Whole Miller, Gary Ryan (WI) Upton ANNOUNCEMENT REGARDING may accord priority in recognition on the Mollohan Ryun (KS) Vitter PREPRINTING OF AMENDMENTS basis of whether the Member offering an Moran (KS) Sanchez Walden amendment has caused it to be printed in the Morella Sandlin Walsh TO H.R. 2506, FOREIGN OPER- portion of the Congressional Record des- Murtha Saxton Wamp ATIONS, EXPORT FINANCING, Myrick Scarborough Watkins (OK) ignated for that purpose in clause 8 of rule Napolitano Schaffer Watts (OK) AND RELATED PROGRAMS AP- XVIII. Amendments so printed shall be con- Neal Schrock Weldon (FL) PROPRIATIONS ACT, 2002 sidered as read. At the conclusion of consid- Nethercutt Sensenbrenner Weldon (PA) Mr. LINDER. Mr. Speaker, a Dear eration of the bill for amendment the Com- Ney Sessions Weller mittee shall rise and report the bill to the Northup Shaw Whitfield Colleague letter will be sent to all House with such amendments as may have Norwood Sherman Wicker Members informing them that the been adopted. The previous question shall be Nussle Sherwood Wilson Committee on Rules plans to meet to- Ortiz Shimkus Wolf considered as ordered on the bill and amend- Osborne Shows Wynn morrow on Wednesday, July 18, 2001, to ments thereto to final passage without inter- Ose Shuster Young (AK) grant a rule for the consideration of vening motion except one motion to recom- Otter Simmons Young (FL) H.R. 2506, the Foreign Operations, Ex- mit with or without instructions. Oxley Simpson port Financing, and Related Programs The SPEAKER pro tempore (Mr. NAYS—125 Appropriations Act, 2002. COOKSEY). The gentleman from Georgia (Mr. LINDER) is recognized for 1 hour. Abercrombie Hill Nadler b 1615 Ackerman Hinchey Oberstar Mr. LINDER. Mr. Speaker, for pur- Allen Hoeffel Obey The Committee on Rules may grant a poses of debate only, I yield the cus- Baldwin Hoekstra Olver rule which would require that amend- Barrett Holt Pastor tomary 30 minutes to my friend, the Becerra Honda Paul ments be printed in the CONGRESSIONAL gentleman from Florida (Mr. Berman Hooley Payne RECORD prior to their consideration on HASTINGS); pending which I yield my- Blumenauer Hoyer Pelosi the floor. self such time as I may consume. Dur- Bonior Inslee Peterson (MN) Borski Israel Petri The Committee on Appropriations ing consideration of this resolution, all Boucher Jackson (IL) Price (NC) filed its report on the bill today. Mem- time yielded is for the purposes of de- Brady (PA) Jackson-Lee Rangel bers should draft their amendments to bate only. Capuano (TX) Rivers the bill as reported by the Committee Cardin Johnson, E. B. Roybal-Allard Mr. Speaker, H. Res. 192 is an open Carson (IN) Jones (OH) Sabo on Appropriations. rule providing for the consideration of Clay Kennedy (RI) Sanders Members should use the Office of H.R. 2500, the FY 2002 Commerce, Jus- Clayton Kilpatrick Sawyer Legislative Counsel to ensure that tice, State, the Judiciary, and related Conyers Kind (WI) Schakowsky Coyne Kleczka Scott their amendments are properly drafted agencies appropriations bill. Overall, Davis (CA) LaFalce Serrano and should check with the Office of the this bill provides roughly $38 billion in Davis (IL) Larsen (WA) Shadegg Parliamentarian to be certain that funding for a variety of Federal depart- DeFazio Leach Shays their amendments comply with the DeGette Lee Slaughter ments and agencies, about $600 million DeLauro Levin Snyder rules of the House. over the President’s budget request. Dicks Lewis (GA) Solis f H. Res. 192 provides for 1 hour of de- Dingell Lofgren Stark bate equally divided and controlled by Doggett Lowey Tanner PROVIDING FOR CONSIDERATION Dreier Maloney (NY) Tauscher the chairman and ranking minority Ehlers Markey Thompson (CA) OF H.R. 2500, DEPARTMENTS OF member of the Committee on Appro- Engel Matheson Tierney COMMERCE, JUSTICE, AND priations, and all points of order are Eshoo Matsui Udall (CO) STATE, THE JUDICIARY, AND RE- Evans McCarthy (MO) Udall (NM) waived against consideration of the Farr McCollum Velazquez LATED AGENCIES APPROPRIA- bill. Fattah McDermott Visclosky TIONS ACT, 2002 The rule also provides that the bill be Filner McKinney Waters considered for amendment by para- Flake Meehan Watson (CA) Mr. LINDER. Mr. Speaker, by direc- Frank Meek (FL) Watt (NC) tion of the Committee on Rules, I call graph. H. Res. 192 waives clause 2 of Gilchrest Meeks (NY) Waxman up House Resolution 192 and ask for its rule XXI, prohibiting unauthorized or Gonzalez Miller, George Weiner immediate consideration. legislative provisions in an appropria- Greenwood Mink Wexler Hall (OH) Moore Woolsey The Clerk read the resolution, as fol- tions bill, against provisions in H.R. Hastings (FL) Moran (VA) Wu lows: 2500, except as otherwise specified in the rule. The rule also authorizes the NOT VOTING—10 H. RES. 192 Resolved, That at any time after the adop- Chair to accord priority in recognition Bishop Kolbe Schiff to Members who have preprinted their Delahunt Owens Spence tion of this resolution the Speaker may, pur- Gephardt Reyes suant to clause 2(b) of rule XVIII, declare the amendments in the CONGRESSIONAL Jefferson Riley House resolved into the Committee of the RECORD. H4070 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Finally, the rule provides for one mo- and from Quito to Cairo, our foreign As a proud original cosponsor of the tion to recommit with or without in- service personnel have some of the COPS program and the only member of structions, as is the right of the minor- most difficult jobs in the world. The in- the Subcommittee on Crime from Con- ity. creases in funding in this bill for em- gress, I want to take this time to ap- Once H. Res. 192 is approved, the bassy and consular security are most plaud the efforts of the chairman, the House can begin its consideration of needed and should, in my opinion, be gentleman from Virginia (Mr. WOLF), the fiscal year 2002 Commerce, Justice, increased. in reinstating the funding for the COPS State, the Judiciary appropriations Mr. Speaker, in addition to the pro- program at $1 billion, which is $158 mil- bill. A number of critically important grams of national interest that I al- lion more than the President re- Federal agencies receive their funding luded to above, this bill contains a quested. This is a critically important from this measure, including the Fed- number of significant projects impor- program to our law enforcement com- eral Bureau of Investigation, the Immi- tant to my south Florida district that munity and to the safety of our citi- gration and Naturalization Service, the I would like to highlight briefly. I am zens. Drug Enforcement Administration, the pleased this bill contains more than In my community of central Florida, Federal Communications Commission, $1.4 million for the continued restora- for example, we have added more than the Securities and Exchange Commis- tion of the south Florida ecosystem. 500 police officers since 1994. We have sion, and the Small Business Adminis- Funding for these projects includes im- added 110,000 police officers across the tration, among others. portant work being done at the Na- country. Over two-thirds of our police I want to commend my friend and tional Coral Reef Institute in Dania departments have benefited from this colleague, the gentleman from Virginia Beach, Florida; and I am thrilled that program. What happened? We saw a (Mr. WOLF), for the manner in which he Congress continues its commitment to dramatic downturn in crime. Every and his ranking minority member, the this facility through this bill. year since 1994, the crime rate has gone gentleman from New York (Mr. Protection of Florida’s unique envi- down. SERRANO) have crafted this bill. It is ronment and the animals that inhabit Recently, I held a roundtable in my funded within the guidelines of FY 2002 it are aided by this bill. Specifically, community and invited all of the sher- Budget Resolution we passed earlier this bill allocates $1.7 million for the iffs and all the chiefs of police. Some this year, and they have done so while Marine Mammal Commission for con- were elected; some were appointed. still providing for some significant tinuation of studies to further protect Some were Republican; some were funding increases for certain depart- the endangered Florida manatee. Democrat. Some headed up large police ments and agencies within H.R. 2500. Additionally, this bill continues departments; some headed up small. The Committee on Rules approved funding for the Caribbean Initiative, They all had one common goal. Their this rule by voice vote yesterday, and I which provides added resources to the number one criminal justice priority urge my colleagues to support it so FBI, DEA, and the INS for the region was to fully fund the COPS program that we may proceed with the general that includes Puerto Rico, the Carib- because they saw it made a meaningful debate and consideration of this bipar- bean, and south Florida. difference in the lives of citizens in Or- tisan bill. I am pleased to see that the bill be- lando. Mr. Speaker, I reserve the balance of fore us includes significant funding for I want to applaud the leaders in fund- my time. the Community Oriented Policing ing this program and let them know Mr. HASTINGS of Florida. Mr. Services, the COPS program, adminis- this will continue to make a meaning- Speaker, I yield myself such time as I tered by the Department of Justice. ful difference in people’s lives because may consume. Specifically, the committee report rec- of their leadership. First, Mr. Speaker, let me thank the ommends that funds be directed to the Mr. HASTINGS of Florida. Mr. gentleman from Georgia (Mr. LINDER) largest school district in my State, Speaker, I yield back the balance of for yielding me this time. This seems Miami-Dade County Public Schools, for my time. to be my and his day for rulemaking technology equipment for school polic- Mr. LINDER. Mr. Speaker, I yield here in the House. ing activities. back the balance of my time, and I Mr. Speaker, I rise in support of the Finally, Mr. Speaker, let me mention move the previous question on the res- Commerce, Justice, State, Judiciary, that later in this debate I will offer an olution. and related agencies appropriations amendment for funding to an impor- The previous question was ordered. bill for fiscal year 2002 and in support tant project in a very small city in my The resolution was agreed to. of the rule. I want to congratulate the district that is in desperate need, A motion to reconsider was laid on gentleman from Virginia (Mr. WOLF), Pahokee, Florida. Looking ahead, I the table. the chairman of this subcommittee, thank the ranking member for working f and the ranking member, the gen- with me on my amendment and for the RECESS tleman from New York (Mr. SERRANO), thoughtful consideration of it. for their work on this bill and for their Mr. Speaker, this is a good bill; and The SPEAKER pro tempore. Pursu- recognition of the importance to the the rule is fine, as far as it goes. Again, ant to clause 12 of rule I, the Chair de- entire country of the necessary depart- Mr. Speaker, I thank the gentleman clares the House in recess subject to ments and agencies it funds. In years from Virginia (Mr. WOLF) and the gen- the call of the Chair. past, this has been a very controversial tleman from New York (Mr. SERRANO) Accordingly (at 4 o’clock and 27 min- bill. I am satisfied that this year we for bringing an excellent bill to the utes p.m.), the House stood in recess have a bill that is fair, balanced, and House. This is a bipartisan bill that subject to the call of the Chair. enjoys wide bipartisan support. helps millions of Americans from coast f For a moment, let me just say how to coast, and I urge passage of the bill b 1831 important to the American people this and adoption of the rule. bill is. It funds programs like the Legal Mr. Speaker, I reserve the balance of AFTER RECESS Services Corporation and the Immigra- my time. The recess having expired, the House tion and Naturalization Service. It in- Mr. LINDER. Mr. Speaker, I yield 2 was called to order by the Speaker pro creases funding for the Equal Employ- minutes to the gentleman from Florida tempore (Mr. WHITFIELD) at 6 o’clock ment Opportunity Commission and the (Mr. KELLER). and 31 minutes p.m. United States Commission on Civil Mr. KELLER. Mr. Speaker, I thank f Rights. Additionally, this bill funds the the gentleman for yielding me this very critical programs that our embas- time, and I rise in support of the rule REPORT ON RESOLUTION PRO- sies around the world carry out every and wish to talk specifically about one VIDING FOR CONSIDERATION OF day. These hardworking unheralded of the most impressive components of H.R. 7, COMMUNITY SOLUTIONS women and men work hard for the this piece of legislation we are going to ACT OF 2001 American people every day and every- be voting on in terms of the Justice ap- Mr. DREIER, from the Committee on where. From Baku to Buenos Aires, propriations. Rules, submitted a privileged report July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4071 (Rept. No. 107–144) on the resolution (H. present that as soon as they possibly For the Department of Justice, the Res. 196) providing for consideration of can so that as we begin to create the bill provides $21.5 billion in discre- the bill (H.R. 7) to provide incentives universe of amendments that we will tionary funding, $672 million above last for charitable contributions by individ- be considering, so that we will not year’s level and $623 million above the uals and businesses, to improve the ef- leave anybody out. President’s request. This includes a fectiveness and efficiency of govern- The schedule for the balance of the $455 million increase to address critical ment program delivery to individuals evening will be announced at a later detention requirements to house crimi- and families in need, and to enhance time by the majority leader, but at nals and illegal aliens. the ability of low-income Americans to this point we are prepared to go into It also includes $5 million in support gain financial security by building as- the general debate on the bill. of the President’s faith-based initiative sets, which was referred to the House I want to say a word of congratula- at the Federal Bureau of Prisons, in- Calendar and ordered to be printed. tions to the gentleman from Virginia cluding a pilot program at Petersburg, Virginia, and Leavenworth, Kansas, f (Chairman WOLF) for the tremendous leadership that he has shown in this, Federal penitentiaries. I firmly believe GENERAL LEAVE his first year as chairman of this par- that faith can have a positive impact Mr. WOLF. Mr. Speaker, I ask unani- ticular subcommittee, and also to the on the lives of those incarcerated, and mous consent that all Members may gentleman from New York (Mr. I know that we must provide prisoners have 5 legislative days within which to SERRANO), who is the ranking member. with something more positive than just revise and extend their remarks on There has been a very cooperative ef- putting them in prison; and a faith- H.R. 2500, and that I may include tab- fort between the gentleman and the based initiative which will be open to ular and extraneous material. chairman. They both have done a good all faiths I believe can make a big im- The SPEAKER pro tempore. Is there job. Their staffs have worked diligently pact in reducing recidivism. objection to the request of the gen- to present a good, fair bill. There is a $469 million increase for tleman from Virginia? Will it satisfy everybody? I know the Drug Enforcement Administration, There was no objection. there are a lot of folks that would like the Federal Bureau of Investigation, and the U.S. Attorneys to enhance Fed- f to see more money appropriated by this bill; others think it appropriates eral law enforcement’s ability to fight DEPARTMENTS OF COMMERCE, too much. So it is probably just at the war on violent crime and drugs and JUSTICE, AND STATE, THE JUDI- about the right place. to combat cybercrime and national se- CIARY, AND RELATED AGENCIES So, again, I want to compliment the curity threats. APPROPRIATIONS ACT, 2002 gentleman from Virginia (Chairman We have also included report lan- guage that will ensure that the Inspec- The SPEAKER pro tempore. Pursu- WOLF), who has done an outstanding ant to House Resolution 192 and rule job in providing the leadership for the tor General at the Department of Jus- XVIII, the Chair declares the House in subcommittee, and his partner in this tice will have the full authority, for the Committee of the Whole House on effort, the gentleman from New York the first time, to investigate allega- tions of employee misconduct within the State of the Union for the consider- (Mr. SERRANO), who also has been a both the FBI and the DEA. Again, this ation of the bill, H.R. 2500. very constructive member of the sub- will be the first time that the IG will b 1833 committee in getting us to this point. I am hopeful that we can expedite have permission to look at the whole IN THE COMMITTEE OF THE WHOLE this bill. We have four other appropria- Department, including the FBI and DEA. Accordingly, the House resolved tions bills, plus the conference report This move is significant, given the itself into the Committee of the Whole on the supplemental, awaiting consid- problems that have plagued the FBI, House on the State of the Union for the eration by the House, so the sooner we consideration of the bill (H.R. 2500) and the DEA to a lesser extent. Having can expedite this business, the sooner this added measure of oversight will be making appropriations for the Depart- we can get on to the rest of the appro- ments of Commerce, Justice and State, a good thing for the FBI and the DEA, priations business. and it will hopefully begin to restore the Judiciary, and related agencies for Mr. WOLF. Mr. Chairman, I yield the fiscal year ending September 30, the American people’s faith in these myself such time as I may consume. two valiant and extremely important 2002, and for other purposes, with Mr. Mr. Chairman, I am pleased to begin organizations. There are good men and HASTINGS of Washington in the chair. consideration of H.R. 2500, the Depart- women who are in both agencies who The Clerk read the title of the bill. ments of Commerce, Justice, State, the serve the country very well; and by The CHAIRMAN. Pursuant to the Judiciary, and related agencies. The giving the IG having the ability to rule, the bill is considered as having bill provides funding for programs look, I think will be a good thing. been read the first time. whose impact ranges from the safety of There is a $252 million increase for Under the rule, the gentleman from people in their homes and commu- the Immigration and Naturalization Virginia (Mr. WOLF) and the gentleman nities, to the conduct of diplomacy Service to enforce our immigration from New York (Mr. SERRANO) each around the world, to predicting the laws, hire additional Border Patrol will control 30 minutes. weather from satellites in outer space. agents, and continue the interior en- The Chair recognizes the gentleman The bill before the Committee and in forcement effort. This funding level from Virginia (Mr. WOLF). the House today reflects the delicate also includes the President’s request Mr. WOLF. Mr. Chairman, I yield balance of needs and requirements. We for an additional $45 million to achieve such time as he may consume to the have drafted what I consider to be a re- a 6-month application processing gentleman from Florida (Mr. YOUNG), sponsible bill for fiscal year 2002 spend- standard. There is a $150 million in- the chairman of the full Committee on ing levels for the departments and crease to enforce Federal and State Appropriations. agencies under the subcommittee’s ju- gun laws and distribute gun safety Mr. YOUNG of Florida. Mr. Chair- risdiction. We have had to carefully locks. man, I want to announce to Members prioritize the funding in this bill and This also empowers local commu- that as we begin consideration of this make hard judgments with regard to nities to fight crime by providing $4.3 very important appropriations bill that scarce resources. billion for State and local law enforce- because of the heavy schedule for the Overall, the bill before the com- ment assistance. This includes funding floor this week, we would like to ac- mittee recommends a total of $38.5 bil- for Violence against Women Act pro- complish an agreement on limiting lion in discretionary funding, of which grams, victims of trafficking grants, time on amendments, as we have done $38.1 bill is general-purpose discre- the State Criminal Alien Assistance on other bills. In order to be fair to the tionary, and $440 million is for the dis- program, and local law enforcement membership, in order to do this, I cretionary conservation function. The block grant programs, COPS and juve- would like to urge Members who have bill is $972 million above the enacted nile justice programs. an amendment that they would like to level for fiscal year 2001, and $600 mil- For the Department of Commerce, have considered to this bill, that they lion above the President’s request. the bill provides $5.2 billion, $21 million H4072 CONGRESSIONAL RECORD — HOUSE July 17, 2001 above the request. It provides full fund- for sexual purposes. These victims are Egypt. Funding for this Commission ing for the U.S. trade agencies, Census, often subject to threats and violence will help to ensure that such violations and the National Institute of Stand- and horrific living conditions. We must are given the attention they deserve by ards and Technology, an increase of $29 not tolerate this equivalent of modern- our foreign policymakers, whether million over the President’s request for day slavery. being Egypt, whether being China, or the National Oceanic and Atmospheric The bill includes $3.8 million for im- wherever it may be. Administration, including the National portant new initiatives to combat traf- This is a very quick summary of the Weather Service. ficking, including the cost of an office recommendations before the House The bill also includes $440 million on within the State Department to coordi- today. The bill gives no ground on the the conservation category as nego- nate interagency anti-trafficking ac- ongoing war against crime and drugs tiated in the fiscal year 2001 Interior tivities, and an international con- and provides the resources to State and appropriations bill. ference to develop systematic inter- local law enforcement that has helped The National Weather Service has national solutions to the problem. bring the violent crime rate down to been diligent in its pursuit of a new Fifty thousand people are brought to its lowest level since the Justice De- National Severe Storm Laboratory this country alone every year for that partment began tracking it. It includes building in Norman, Oklahoma. The purpose, and the subcommittee plans major increases for the State Depart- gentleman from Oklahoma, Mr. WATTS on holding a hearing, in-depth hearings ment to allow the Secretary, Secretary has been vigilant in his pursuit to pro- on this, when we come back after the Powell, to rejuvenate and reform the vide the required capabilities of this Labor Day break. Department and to continue the impor- laboratory. Beginning in 1998, he has The bill also includes $479 million for tant, ongoing efforts to improve em- obtained funding to establish the Na- the Broadcasting Board of Governors, bassy security. It represents our best tional Severe Storms Laboratory. $9 million above the request, which in- take on matching the needs with This year, through the efforts of the cludes funding for broadcasting initia- scarce resources. chairman of the Subcommittee on tives in East Asia and the Middle East, I want to thank the gentleman from Treasury, Postal Service and General and also making sure that the broad- New York (Mr. SERRANO), the ranking Government, the gentleman from Okla- casts get to the country of Sudan, member, who has been very effective homa (Mr. ISTOOK), there is an agree- where we know that they have slavery. and, I might say, these get to be sort of ment with the General Services Admin- For the miscellaneous and related pro forma things, but, really, the gen- istration to actually construct this agencies, the bill includes $2.1 billion, tleman is a good friend and someone we building. This committee has agreed to $300 million above the current year have worked very, very closely with. I provide the above-standard GSA costs level; $728 million for the Small Busi- want him to know that I appreciate his specific to the requirements for NOAA. ness Administration, an increase of principal commitment, his thorough This facility will allow NOAA to im- $186 million above the President’s re- understanding of the programs in this prove the detection of tornadoes na- quest for important lending and assist- bill, and I like sitting next to him with tionwide. The bill also includes the full ance programs for the Nation’s entre- his great sense of humor, so I just $440 million, as I said, under the con- preneurs; $232 million for the Maritime wanted to thank him. servation category program as nego- Administration, an increase of $128 I also would like to thank all of the tiated in the fiscal year 2001 Interior million above the President’s request, members of the subcommittee for their appropriations bill. So this I think will including funding for the Maritime Se- help. The gentleman from Kentucky help the gentleman from Oklahoma curity Program, the title 11 loan pro- (Mr. ROGERS), who had been the chair- Mr. (WATTS) and the gentleman from gram and the important efforts to dis- man of this committee for 6 years, has Oklahoma (Mr. ISTOOK) and the Univer- pose of the backlog of obsolete mer- helped me with regard to a number of sity of Oklahoma to deal with that chant vessels, which we hope we can fi- issues. I would also like to thank the issue dealing with NOAA. nally put to rest once and for all. gentleman from Arizona (Mr. KOLBE), For Judiciary, $63 million will begin $438 million, the requested amount the gentleman from North Carolina the renovations at the U.S. Supreme for the Securities and Exchange Com- (Mr. TAYLOR), and the gentleman from Court, about half the amount needed to mission. I strongly support the SEC’s Ohio (Mr. REGULA), the gentleman from protect the life, safety and security of recent effort to strengthen their en- Iowa (Mr. LATHAM), the gentleman the millions of people who use that forcement of disclosure rules. Foreign from Florida (Mr. MILLER), the gen- building. Also a cost-of-living increase corporations doing business in Sudan tleman from Louisiana (Mr. VITTER), to the attorneys who ensure the fair- and other places playing a direct role the gentleman from West Virginia (Mr. ness of our criminal justice system by in human rights abuses in Sudan have MOLLOHAN), the gentlewoman from representing indigents in criminal been able to offer securities to Amer- California (Ms. ROYBAL-ALLARD), the cases. ican investors; and as a result, these gentleman from Alabama (Mr. For the State Department and the investors are unwittingly helping to CRAMER), and the gentleman from Broadcasting Board of Governors, the subsidize these atrocities. American in- Rhode Island (Mr. KENNEDY). bill provides $7.7 billion, $837 million vestors are helping to subsidize ter- Finally, I want to thank the gen- above last year’s appropriations, per rorism. American investors are helping tleman from Florida (Mr. YOUNG), the the request of the Bush administration to subsidize slavery. full committee chairman, and the gen- and per the request of Secretary Pow- We appreciate what the SEC did, and tleman from Wisconsin (Mr. OBEY), the ell. we will continue to insist on the full ranking member, for their help in mov- It includes a programming increase exercise of existing authorities to in- ing this bill forward. of $419 million for diplomatic readiness form and protect American investors in I would also be remiss if I failed to and reform, including 360 new positions this area, and this message goes out to mention how much I appreciate the and major technology modernization, the new chairman of the SEC when he professionalism and the cooperation of $1.3 billion, the full request, the full re- takes over. But I appreciate the acting both the minority staff and the major- quest, because of embassy security chairman’s efforts in this regard. ity staff. problems, for urgent embassy security I would like to thank the majority needs, including the construction of b 1845 staff, Mike Ringler, who handles the new secure replacement embassies and Mr. Chairman, this bill provides budgets of the State Department and consulates. funding of $3 million for the Commis- the United Nations; Leslie Albright, Just last week, on July 12, the State sion on International Religious Free- who ably works the Justice Depart- Department released its first annual dom to monitor violations of religious ment law enforcement programs, in- report on sexual trafficking in persons. freedom abroad and make policy rec- cluding the DEA, the U.S. Marshal The Congress ought to know that at ommendations to the State Depart- Service and the FBI; Christine Ryan, a least 700,000 individuals a year, many ment. I am particularly concerned former FBI professional who oversees women and children, are trafficked about the denial of equal treatment to the Commerce Department budget and each year across international borders Coptic Christians by the government of who is marrying a Marine Corps officer July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4073 in a few short weeks when we finally These young professionals put in partisan than I have seen, quite frank- finish this bill. countless hours working weekends and ly, for a long, long while. I also want to thank Julie Miller, an late into the night. It is time spent With that, I will just end by saying extremely professional OMB official, away from their families and their who may even stay with the committee friends, and yet they are dedicated to we tried hard to produce the best bill if we can get the approval, who has doing what is best for the American possible. It probably is not like the Ten been detailed to the committee; and people, and we really appreciate them Commandments. It is not perfect. I am Carrie Hines, another top-notch profes- very much. sure there could be some changes here. sional who has been detailed to the On the minority side, I want to say While there cannot be any changes to committee. exactly the same thing. In particular, I the Ten Commandments, there can be I appreciate the top-notch efforts of would like to thank Sally Chadbourne, in this bill, but we did not have that vi- Gail Del Balzo, whose experience on Lucy Hand, Nadine Berg, Rob Nabors sion that the good Lord has, so we will the Senate Budget Committee, as as- and Christine Maloy from the demo- be taking some amendments and doing sistant parliamentarian of the Senate cratic staff who were willing to pitch and as general counsel of CBO, has pre- in during all the long hours spent put- some things, but I do hope Members pared her well for the position of clerk ting this bill together. It has been a will support the bill. of this subcommittee. unique experience. It has been more bi- H4074 CONGRESSIONAL RECORD — HOUSE July 17, 2001 July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4075 H4076 CONGRESSIONAL RECORD — HOUSE July 17, 2001 July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4077 H4078 CONGRESSIONAL RECORD — HOUSE July 17, 2001 July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4079 H4080 CONGRESSIONAL RECORD — HOUSE July 17, 2001 July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4081 Mr. Chairman, I reserve the balance In contrast to bills in past years from which is going to happen. The chair- of my time. this subcommittee, the bill fully funds man of the subcommittee has done a Mr. SERRANO. Mr. Chairman, I yield the request for international peace- good job in partially restoring these myself such time as I may consume. keeping. Peacekeeping, as we all know, funds, but more needs to be done, and Mr. Chairman, I rise in strong sup- can advance U.S. policy goals at a frac- we will work with him to be sure the port of H.R. 2500. tion of the cost of sending U.S. forces smallest and neediest small businesses I must begin by expressing my appre- into trouble spots. are not left behind. ciation to the gentleman from Virginia While the funding provided for as- Again, Mr. Chairman, this is a good (Mr. WOLF), the chairman of the sub- sessed contributions to the U.N. and bill. If our colleagues read the minor- committee, and his great staff for the other international organizations is ity views in the report, which every fair and bipartisan way they have han- close to the amount requested, there subcommittee Democrat signed, they dled this bill, with full consultation are no funds for rejoining UNESCO as will see that we all believe that as long with our side. While we do not agree proposed in the House-passed State De- as no harmful floor amendments are with every recommendation in the bill, partment authorization bill, which adopted this bill deserves to pass with we believe that, on balance, it is wor- could create a problem down the line. a strong bipartisan vote. thy of wide support on both sides of the The fence around $100 million of U.N. Mr. Chairman, I reserve the balance aisle. dues, pending certification that the of my time. I have sat in hearings and markups U.N. is not exceeding its budget, has Mr. WOLF. Mr. Chairman, I yield 4 with the gentleman from Virginia (Mr. raised administration concern. But, un- minutes to the gentleman from Ohio WOLF) for the last 3 years, but this is like similar provisions in past House (Mr. REGULA). my first with him at the helm of the bills, it draws attention to the need for (Mr. REGULA asked and was given Subcommittee on Commerce, Justice, budget discipline but should not lead to permission to revise and extend his re- State, and Judiciary. Having similarly any new arrears. marks.) landed at the top of the subcommittee Our side, Mr. Chairman, is quite Mr. REGULA. Mr. Chairman, I rise with no prior service on it, I know how pleased with the overall level of fund- today in support of the fiscal year 2002 hard he has had to work to master the ing for NOAA whose activities in coast- Commerce, State, Justice bill. I do es- many and varied agencies and issues al and ocean conservation, the manage- pecially want to commend the chair- now under his jurisdiction, and I ad- ment and preservation of our Nation’s man and the ranking member for mire how well he has done. fisheries, the weather forecasting ac- crafting a fair and balanced bill that Staff on both sides of the aisle have tivities, as well as the satellites and made tremendous contributions to this takes into account the priorities of the data systems that support them, plus President and the Congress. process. They are Gail and Mike, Chris- critical research into global climate I have a special interest in trade tine, Leslie, Julie and Carrie for the change and other oceanic and atmos- issues, and the bill provides full fund- majority, as well as Jeff from the per- pheric phenomena are so important to ing for the trade agencies which carry sonal staff of the gentleman from Vir- our economy and environment as well out several important functions. The ginia (Mr. WOLF); on our side, Sally, as to the health and safety of our peo- trade laws, in view of our economic sit- Rob, Christine; and from my own staff, ple. Within NOAA, Conservation Trust uation, become even more important so Lucy and Nadine. These are folks who Fund activities are fully funded. are professionals, who do their job well We are also delighted to see the that we get not only free trade but fair and who make us look good all the Legal Services Corporation funded at trade in our economy. time and, therefore, serve our country the requested level, avoiding the exer- We provide the full funding request and its citizens very well. cise on the House floor we have had to for embassy security. I can remember Mr. Speaker, the budget request was go through for the last 6 years to re- as a member of this committee when troubling, with deep cuts to important store cuts made in committee that are we were very concerned about embassy programs and questionable assump- not supported by a majority in Con- security, and we traveled to a number tions about congressional actions on gress. of places. It was a serious problem. I fees and program changes. This bill is a I want to take special occasion to think the chairman is trying to address great improvement on that budget re- thank the gentleman from Virginia that, and it is important that he do so. quest. Perhaps most important, the bill (Mr. WOLF), the chairman of the sub- We do have full funding for the Legal restores many of the unreasonable cuts committee, for the ability to get this Services Corporation. I refer to that as proposed in the President’s budget for program funded this way. We always the equivalent of the Medicaid program State and local law enforcement and put an amendment on the floor, and it in the area of legal matters. I know COPS. The budget request was almost passes with bipartisan support and a that the new president of the system, $1 billion below fiscal year 2001 levels lot of votes, and I have always won- one of our former colleagues, former for these programs, but the bill re- dered why we had to do it this way. Congressman John Erlenborn, will do a stores $661 million, including $150 mil- Well, this bills speaks to that issue great job of giving leadership to the lion for COPS hiring. We are not all the right away, without having to go Legal Services Corp. way back, but we are moving in the through that exercise. I especially want to thank the chair- right direction. The full requests for the EEOC and man for providing $2.5 million for the The bill supports the Secretary of the Civil Rights Commission are in- continuation of the partnership be- State’s initiatives to invest in diplo- cluded, and the Justice Department’s tween the JASON project and the Na- matic readiness as well as the security, Civil Rights Division is funded above tional Oceanic and Atmospheric Ad- technology and infrastructure require- current services, supporting not only ministration. The JASON project is a ments of the State Department. The the administration’s initiatives on vot- state-of-the-art education program bill includes $7.4 billion for the State ing rights and the rights of the dis- that brings scientists into classrooms Department, an increase of $802 mil- abled but also an initiative to inves- through advanced interactive tele- lion, or 12 percent above the current tigate and prosecute civil rights abuses communications technology. The pro- year. For core diplomatic activities against inmates in prisons or other in- gram is really designed to excite stu- under the Administration of Foreign stitutions. dents about the sciences and to encour- Affairs account, the bill is 17 percent The largest concern we have, how- age them to pursue higher education in above fiscal year 2001. A significant in- ever, with this bill is with the Small the sciences. vestment is needed to ensure that the Business Administration, SBA. The ad- We have had many speeches on this Secretary has adequate resources, both ministration sent up a budget based on floor about the importance of science people and technology, to carry out our unrealistic assumptions about and science education. The JASON foreign policy and national security ob- Congress’s willingness to increase fees project benefits from the scientific in- jectives and to ensure that our employ- for important loan programs and to formation and expertise available from ees overseas work in the most secure shift disaster funding to a new govern- NOAA that can be incorporated into environment. ment-wide emergency fund, neither of the JASON curriculum and the annual H4082 CONGRESSIONAL RECORD — HOUSE July 17, 2001 expedition. It extends benefits by en- port levels still remain well above pre- eliminated funding for the New Mar- couraging students to become future crisis levels. kets Initiative. scientists. President Bush recently requested In addition, I think we should also Finally, I would like to mention the that the International Trade Commis- have pushed more for trade agreements Ohio WEBCHECK program. This inno- sion initiate a 2001 investigation on the and globalization adjustment assist- vative and award-winning program al- impact of steel imports on our U.S. ance through the EDA that I think will lows for quick and convenient back- steel industry. be even more important as we move ground checks to be completed over the Given all of these facts, now is not into a global economy. I pointed that Internet. the time to rescind monies from the out to Secretary Evans and Ambas- very fund established to help our do- b 1900 sador Zoellick. mestic steel industry weather the For our efforts in Native American The Ohio system allows fingerprint storm. I recognize that unobligated country, let me say that with even images of two fingers and two thumbs balances exist in the account created modest increases, I believe we could to be electronically transmitted for a for this program. Changes were needed have accomplished much more, par- criminal background check through to make the program more accessible ticularly on Native American reserva- the Ohio Bureau of Criminal Identifica- to American steel companies without tions where the alcoholism rate occurs tion. This is especially important for imposing significant additional costs at 950 percent times the non-native people who are hiring counselors, who on the Federal Government. communities . are hiring adults that deal with chil- Under the leadership of Senator With violent crime on the rise on na- dren. It avoids a lot of problems. BYRD, changes to the Emergency Steel tive reservations, and with 90 percent Last year, we provided $5 million of Loan Guarantee Act were recently ap- of it attributed to alcohol-related Federal funding to hook WebCheck proved by the other body. Hopefully, crime, I think we should be putting into the FBI fingerprint system for a these changes will make the program more resources in this effort. more comprehensive national check. I more accessible to more of our steel Finally, as a Representative of the want to thank the chairman for recom- producers. ‘‘Ocean State,’’ Rhode Island, I would mending additional funding for this That being the case, it seems unwise like to support all those initiatives project so that it can be completed in at this time to rescind funds from this that go into the National Oceano- a manner that will make it possible for important program. I am hopeful that graphic and Atmospheric Administra- all States to set up similar programs during conference, this rescission can tion. The administration’s request in and hook them into the FBI system. be eliminated. the committee’s bill offers funding for Having a quick, convenient, and com- Mr. SERRANO. Mr. Chairman, I yield programs like Sea Grant and Coastal prehensive national background check 3 minutes to the gentleman from Zone Management, but does not offer system will provide a safer environ- Rhode Island (Mr. KENNEDY). enough funding for those critical areas ment for our children and the elderly. (Mr. KENNEDY of Rhode Island like nonpoint source pollution. This is I strongly urge my colleagues to sup- asked and was given permission to re- the runoff from our highways every port this appropriations bill. vise and extend his remarks.) time it rains a great deal, and all the Mr. SERRANO. Mr. Chairman, I yield Mr. KENNEDY of Rhode Island. Mr. runoff pollutes our bays. It also affects 3 minutes to the gentleman from West Chairman, I would like to begin by our fishing stock. Virginia (Mr. MOLLOHAN). thanking our chairman, the gentleman Let me conclude by once again con- Mr. MOLLOHAN. Mr. Chairman, I from Virginia (Mr. WOLF), for the ex- gratulating the chairman for his im- thank the gentleman for yielding time cellent leadership he provided in this portant leadership, thank the ranking to me. subcommittee, and also my ranking member for his great leadership, and Mr. Chairman, I rise today in support member, the gentleman from New York say that I look forward to working of H.R. 2500, the appropriations meas- (Mr. SERRANO), for his work in this im- with both of them on continued fund- ure funding the Departments of Com- portant piece of legislation and all that ing for these priorities that I have just merce, Justice, State, the Judiciary, this legislation is going to do to fund outlined, as well as many others that I and related agencies. important projects. have not had time to delineate. I want to compliment the chairman, As a member of the subcommittee, Mr. SERRANO. Mr. Chairman, I yield who has done a terrific job, the gen- and a new Member, I know very dif- 3 minutes to the gentleman from Indi- tleman from Virginia (Chairman ficult decisions had to be made. While ana (Mr. VISCLOSKY). WOLF), and the ranking member, the I was pleased with many of the deci- Mr. VISCLOSKY. Mr. Chairman, I gentleman from New York (Mr. sions that were made, I would like to thank the gentleman very much for SERRANO), who has done an equally ter- take this opportunity to raise a few of yielding time to me. I also want to rific job in putting this bill together. the issues that I believe deserve even thank the gentleman from Virginia By and large, it restores many of the greater attention. (Mr. WOLF) and the gentleman from cuts proposed in the President’s budget First and foremost is the Office of New York (Mr. SERRANO) for the fine request. Juvenile Justice and Delinquency Pre- work they have done on this bill. I do In his budget request, President Bush vention, which was funded at the same plan to support it. asked the Congress to rescind $10 mil- level as last year’s request. In par- I rise now to indicate my concern lion from the remaining unobligated ticular, I want to bring this House’s at- over a provision mentioned by my col- balances in the Emergency Steel Guar- tention to title V of OJJTP, which was league, the gentleman from West Vir- antee Loan Program Account. In re- also held at last year’s level. ginia, a few minutes ago about the re- sponse to the President’s request to re- There are few areas in government scission of $10 million from the $145 scind the steel loan guarantee money, where programs work more effectively million Steel Loan Guarantee Pro- the committee has indeed rescinded it. and we get more of a return on our dol- gram. As my colleagues will recall, the lar than in the area of title V, which The problems that the steel industry Emergency Loan Guarantee Act was funds critically successful initiatives faces are manyfold, but one is the com- established in 1999 to assist American such as the Safe Schools and Healthy plete collapse of the ability to get fi- steel producers who have been battling Students Program. This helps keep nancing, as well as the number of com- an onslaught of illegally-dumped for- kids out of trouble, and it also helps panies now that find themselves in eign steel which has crippled the U.S. provide flexible resources to our dis- bankruptcy in the United States of steel industry. tricts. Mr. Chairman, I requested a America. Our domestic steel industry is in cri- greater allocation in this area. Since December 31, 1997, we have now sis. There simply is no other way to de- In other areas, let me briefly touch had 18 companies declare bankruptcy, scribe it. Approximately 23,000 steel- upon the area of economic develop- and one of the concerns that the indus- workers have lost their jobs as a result ment. I think we should not have re- try faces is securing financing. We have of this crisis, and 18 steel producers duced funding for the EDA, the Eco- a loan guarantee program in place. It have filed for bankruptcy. Current im- nomic Development Administration, or took a period of time to get up and July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4083 running with it. There were initially tleman from New York (Mr. SERRANO), will severely cut the Small Business some problems as far as the bureauc- the ranking Democratic member and Administration’s funding level. racy contained therein, and the prob- his staff. I particularly want to tell b 1915 lem continues to persist as far as se- them how much I appreciate their co- curing the guarantees for private in- operation in funding the so-called The recent ‘‘long boom,’’ our greatest vestment firms to loan the industry ‘‘conservation amendment.’’ in history, came as a direct result of money. Today those guarantees are at Last year, the Congress adopted a the productivity of American small 85 percent. provision that started at $1.6 billion companies and entrepreneurs. Small Given the fact that 21 percent of all last year and will increase up to $2.4 businesses employ half our workers, ac- steel capacity in the United States of billion by 2006 based on the Violent count for half our GDP, and grow al- America today is in bankruptcy, I Crime Trust Fund model, which keeps most 60 percent faster than large cor- think the provision in this bill sends a the authority for spending for these porations. Mr. Speaker, much of this success very negative and very bad signal to important conservation programs, of has been made possible through the those financial institutions as far as which there are $443 million in this programs of the Small Business Admin- reduction in the monies that will be bill, within the jurisdiction of the istration. But this bill will cut SBA’s available for those guarantees for the Committee on Appropriations, and al- tap that currently provides capital li- fiscal year. We are not only talking lows us to have annual oversight. quidity to small business across the But what it has done is double and about tonnage in bankruptcy, we are country. It will, I fear, dry up assist- now even more than double the amount not only talking about companies in ance just when we most need to give bankruptcy, we are talking about peo- of money that is available for con- our economy a boost. ple. servation spending. This bill proposes to cut funding for The fact is, we have 42,556 Americans There were some last year who were the SBA from $860 million this year to working for those 18 companies, some advocating an entitlement that would $728 million next year. Ten programs of which may not make it without this have taken this off the budget. I just will be zeroed out and another half loan guarantee program. We have to want to compliment the chairman and dozen or more will be so severely un- couple that with the 23,000 people who, the ranking member for helping us derfunded as to render them ineffec- over the last 21⁄2 years, have also lost keep our commitment and telling the tive. their jobs in this industry. people of the country that we, the ap- Later today, my colleague, the gen- I am concerned that this program has propriators, are just as interested in tlewoman from New York (Mrs. a rescission attached to it. I would conservation. We have programs like KELLY), and I will offer an amendment hope that it can be rectified in con- coastal zone management, the Pacific to restore $17 million in funding for ference with the Senate at some future salmon recovery initiative, and they go SBA. While still short of last year’s date. on and on and on, that will be benefited level, our amendment will maintain Mr. WOLF. Mr. Chairman, I yield by this important provision. I am the very successful 7(a) general long myself such time as I may consume. pleased that, when we add this up, it is guarantee program and two small busi- Mr. Chairman, I would like to clarify $1.76 billion for conservation this year ness assistance programs, PRIME and something. There were a number of between the Interior appropriations BusinessLinc. questions by Members with regard to bill and State, Justice, and Commerce. Our amendment is important because the gun safety lock issue. I would like Out in my part of the world, we are small business is big business in Amer- to make a clarification for the RECORD fighting to try and restore the salmon ica. We aim to support the SBA’s mis- in the interest of this. runs in Washington, Oregon, Idaho, sion of providing technical assistance Regarding the distribution of gun California, and in Alaska that have and guarantees to today’s entre- safety locks, the report accompanying been severely hurt. preneurs, who are often tomorrow’s this bill expresses the committee’s sup- This money, 110 million for the Pa- Intel, Apple, or FedEx. Most impor- port for the use of gun safety locks, cific Salmon Recovery program, goes tantly, we want to provide the tools and would encourage the distribution back to our Governors and then that help so many better themselves, of these locks to handgun owners. through programs for habitat recovery their families and their communities. The report also expresses the com- which is absolutely essential. The bill That is the point, after all, of a strong mittee’s concern regarding reports that also provides an additional 25 million economy. some of these safety locks have failed to the U.S. Canada Pacific Salmon Mr. WOLF. Mr. Chairman, I reserve or do not work on certain handguns. Treaty program. I want to say how the balance of my time. We understand that the Department of much I support this bill. I urge the Mr. SERRANO. Mr. Chairman, I yield Justice is reviewing the availability of House to give overwhelming support 2 minutes to my long-time colleague, standards for gun safety locks, and pri- for this important legislation. the gentleman from New York (Mr. vate industry groups have also sought Mr. WOLF. Mr. Chairman, I reserve CROWLEY). the promulgation of such standards. the balance of my time. (Mr. CROWLEY asked and was given The report directs the Department of Mr. SERRANO. Mr. Chairman, I yield permission to revise and extend his re- Justice to develop national standards 2 minutes to the gentlewoman from marks.) for gun safety locks. The committee in- New York (Ms. VELA´ ZQUEZ), the rank- Mr. CROWLEY. Mr. Chairman, I rise tends for the Department to consult ing member of the Committee on Small in strong support of the Commerce, with private industry groups and other Business. Justice, State bill, and would like to interested parties in the development Ms. VELA´ ZQUEZ. Mr. Chairman, I express my gratitude to the chairman, of these standards. thank the gentleman for yielding time the gentleman from Virginia (Mr. Further, we understand the interim to me. WOLF), for his hard work in crafting standard for gun safety locks could be Mr. Chairman, today’s bill provides this bipartisan bill. I would also like to in place in 6 months. funding for many critical priorities. I recognize my good friend, the gen- Mr. Chairman, I reserve the balance believe that the gentleman from Vir- tleman from the Bronx, New York, (Mr. of my time. ginia (Chairman WOLF) and the rank- SERRANO), who has worked tirelessly Mr. SERRANO. Mr. Chairman, I yield ing member, the gentleman from New for his constituents, for all of New 2 minutes to the gentleman from Wash- York (Mr. SERRANO), have produced a York City, and for all of America from ington (Mr. Dicks). bill that is an improvement over the his position on the Committee on Ap- Mr. DICKS. Mr. Chairman, I rise in past years. I thank them for their hard propriations and throughout his many, very strong support of this important work on this legislation, which benefits many years in Congress. legislation. I want to first of all thank many. With regard to international issues, the chairman, the gentleman from Vir- Unfortunately, I am afraid their hard as both the representative of one of the ginia (Mr. WOLF), in his first year as work has fallen short for one of the most diverse congressional districts in Chairman of this important appropria- most productive forces for America the Nation and a member of the Com- tions subcommittee, and the gen- today, our small businesses. This bill mittee on International Relations, I H4084 CONGRESSIONAL RECORD — HOUSE July 17, 2001 would like to applaud this committee try tomorrow, while the other bill is ruined his life for 8 years. He was ac- for recognizing the value inherent in being worked on, the gentleman from quitted, but he still has not gotten the United States playing a key role in Virginia and the gentleman from New over this. the international community and in York can try to work out a time agree- Now, the point I am making today is particular supporting international ment on whatever amendments we that I was prepared to introduce legis- peacekeeping operations. have remaining. lation, because two of the things that Here at home, this legislation also I just want the House to understand were introduced that were thrown out provides important funding for a num- that I am perfectly willing to try to in conference, and it was an omnibus ber of community service and anti- work out these arrangements, but we bill, is that there would be an inde- crime programs, effective programs have been in committee since 10 a.m. pendent counsel investigate the Justice that have helped our Nation, especially this morning. We did not start this bill Department and then it would pub- my hometown of New York City, expe- until 7 p.m. That was not our call; it licize what happened to the people that rience the lowest crime rate in decades. was the majority that did the sched- did wrongdoing. Those two things were We need to continue to invest in our uling, and it seems to me that we thrown out. Now, I have hesitated since people, both here in the U.S. and ought to know that we will get out of that time because the Justice Depart- abroad. This bill does that, and I con- here at a reasonable time tonight. I do ment kept saying we are going to get it gratulate the chairman and the rank- not enjoy the prospect of having under control. Well, I find the new Dep- ing member for their work and for amendments being debated here and uty Attorney General has said some their dedication. Members coming in in the middle of things that give me confidence that he The CHAIRMAN. The Chair would the night having no idea what we have is going to try to get the FBI and the advise the Members that the gen- been debating and voting on the fly. I Justice Department under control. I tleman from Virginia (Mr. WOLF) has do not think that serves the interest of have confidence the new FBI director 101⁄2 minutes remaining, and the gen- this institution. realizes that the public has lost con- tleman from New York (Mr. SERRANO) So I want to notice the House that if fidence in the FBI. has 10 minutes remaining. we cannot get an agreement on a rea- As a matter of fact, this House would Mr. SERRANO. Mr. Chairman, I yield sonable time to get out of here tonight, not have voted 350 to 50 to condemn or 3 minutes to the gentleman from Wis- I will begin a series of motions; and we to put controls on the Justice Depart- consin (Mr. OBEY), our ranking mem- are not going to get very far on this ment and the U.S. Attorneys if it had ber. bill. not been for the lack of confidence of Mr. OBEY. Mr. Chairman, I simply With that, I thank the gentleman for the public throughout this great coun- would like to do two things: first of all, yielding me this time. try. But I am not going to offer that congratulate the gentleman for the bill Mr. WOLF. Mr. Chairman, I yield 5 amendment, those two amendments, he has brought to us. I obviously do not minutes to the gentleman from Penn- because I believe the new Attorney agree with all of it, but I certainly in- sylvania (Mr. MURTHA). General and the Deputy Attorney Gen- tend to support it unless some sur- Mr. MURTHA. Mr. Chairman, in 1998 eral and the FBI director are moving in prises occur on the House floor. I think this House passed landmark legisla- the right direction. But I hope by this he has done a good job. tion. We passed legislation trying to time next year that this subject will be Having said that, I would like to try get the Justice Department under con- a subject of the past and people will re- to determine whether or not we can trol. Some of my colleagues may re- gain confidence in the FBI and the Jus- reach a reasonable understanding member Joe McDade, who was a per- tice Department. about what our plans are for this sonal friend to many of us and who Mr. SERRANO. Mr. Chairman, I yield evening. The problem we face is that at went through 8 years of the Justice De- myself 2 minutes. I just wanted to tell this point we have some 31 amend- partment investigating him and indict- the chairman, the gentleman from Vir- ments filed, we have other amendments ing him; and then, in about 4 hours of ginia (Mr. WOLF), that the comments of the gentleman from Wisconsin (Mr. that are being faxed to the leadership deliberation by a jury, he was found OBEY) are well taken by this ranking on both sides of the aisle, and the not guilty. We passed legislation then saying member. longer that this process goes on, the We want to work out the best pos- that the Justice Department would more amendments we are going to have sible situation to work in the proper have to reimburse out of their money to deal with for the remainder of con- manner and in the way that we will do anybody that was indicted and not con- sideration of this bill. justice to the bill and to the amend- I would simply rise at this point to victed. That still stands today. We also ments and to the Members. I will agree passed legislation that said any pros- say that I would like to see us reach an also to a time limit on amendments. ecutor, meaning any U.S. Attorney, agreement under which we could ask However, I must say once again, as I must practice under the State laws, all Members to have their amendments did last year, and in a loud voice, that the ethics of the State laws. Well, the in tonight so that we would be able to- I cannot understand why it is that we Justice Department, some U.S. Attor- morrow to try to work out time agree- put a rule on the floor that is open- ments on all these subsequent amend- neys, have fought us all during this pe- ended and then we immediately move ments. And if we can do that, we can riod of time. Matter of fact, in this leg- to curtail. have some chance of finishing the bill islation, prosecutors from all over the So next year, if I am still around in either tomorrow or early the next day. country came to this body, lobbied this situation, I assure my colleague The problem we face, as I understand against us, the White House lobbied that I will oppose any rule that is it, is that this committee is not going against us, and we beat them 350 to 50. open-ended, because it is really not an to be allowed back on the floor tomor- Why? Because there was no confidence open-ended rule. But I will support row morning. We are going to be in the Justice Department. No con- time limitations to make the process superceded by another bill, and I am fidence in the FBI. move forward. told by majority staff that that means During that trial, Joe McDade, where Mr. Chairman, I reserve the balance we are not likely to get to the floor they charged him as a subcommittee of my time. until 2:30 or 3 p.m. tomorrow afternoon. chairman with racketeering, they Mr. WOLF. Mr. Chairman, I yield 2 If that is the case, and if we have 60 charged him with illegal gratuities, minutes to the gentleman from Ne- amendments pending, there is no way meaning campaign contributions; they braska (Mr. BEREUTER) for a colloquy. on God’s green earth we will even fin- charged him with bribes, meaning Mr. BEREUTER. Mr. Chairman, I ish this bill tomorrow. honorariums. They leaked information thank the gentleman for yielding me So it seems to me if we want to ac- during this entire 6 years. I sat by Joe this time, and I want to engage in this celerate our opportunity to finish this McDade when I was chairman of the colloquy regarding the Congressional bill, we would first of all try to get an committee and he was the ranking Executive Commission on the People’s agreement that Members, if they want member on the Subcommittee on De- Republic of China. amendments considered, would have to fense, and every day he deteriorated in As the chairman knows, the Congres- get them in tonight; and then we can health and emotional stability, and it sional-Executive Commission on the July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4085 People’s Republic of China is being cre- that with the involvement of rec- Notwithstanding the fact that there ated pursuant to P.L. No. 106–286. This reational and commercial fishermen as are some things, mechanics, that we Member is pleased to note the distin- well as Federal, State and local gov- have to work out as to the debate and guished gentleman from Virginia (Mr. ernments, marine protected areas will how we handle amendments and every- WOLF) is also a member of this impor- play a critical role in restoring over- thing else, I just wanted to close on tant commission designed to report on exploited fish species. this side by saying, as I said before, human rights development and the rule As chairman of the subcommittee on that this is a good bill, that Chairman of law in the People’s Republic of this issue, I am a strong proponent of WOLF has done a great job with both China. using a variety of types of marine pro- staffs in putting together a bill that we Because it was expected to take con- tected areas to ensure conservation can support, as we heard from our siderable time to bring the commis- and sustainable use of our marine re- ranking member, the gentleman from sion’s operations into being, including sources in the Chesapeake and Wisconsin, Mr. OBEY. the actual naming of the congressional throughout our Nation’s waters. As I said, notwithstanding whatever and executive branch members, the fis- The President’s funding request for other problems we have, he intends to cal year 2001 appropriation was set at marine protected areas is based upon support the bill. I am hoping after all only $.5 million. We expect the com- this principle as described in Executive is said and done no harmful amend- mission will begin functioning in the Order 13158, which reads, in part, ‘‘An ments have hurt the bill in any way. In coming weeks. Therefore, in anticipa- expanded and strengthened comprehen- that case, at this moment I would ask tion of a full active commission, this sive system of marine protected areas for all Members in bipartisan fashion Member had earlier suggested an throughout the marine environment to support the bill. amount of $1.5 million to cover the would enhance the conservation of our Mr. Chairman, I yield back the bal- commission’s operations for the full Nation’s natural and cultural marine ance of my time. fiscal year of 2002. heritage and the ecologically and eco- Mr. WOLF. Mr. Chairman, I yield This Member would ask the chairman nomically sustainable use of the ma- myself 30 seconds. about his willingness to seek adequate rine environment for the future genera- Mr. Chairman, I will thank the gen- funding for the commission, as we tions.’’ tleman. This will be the last time I We feel that including the Presi- would certainly trust the chairman’s thank him for his comments. I think dent’s executive order in this colloquy judgment in seeking such adequate there will be no negative amendments is fundamental to sound marine re- funding in conference. like that, and I ask Members on final sources. passage to support the bill. Mr. LEVIN. Mr. Chairman, will the I would like to conclude, is it the in- gentleman yield? Mr. Chairman, I yield the balance of tent of the chairman that the National my time to the gentleman from Michi- Mr. BEREUTER. I yield to the gen- Oceanic and Atmospheric Administra- tleman from Michigan. gan (Mr. EHLERS). tion may use funds appropriated for Mr. EHLERS. Mr. Chairman, I rise in Mr. LEVIN. I thank the gentleman implementation of the Marine Pro- for yielding. Mr. Chairman, I would support of the legislation. As the chair- tected Areas Executive Order 13158, as man of the Subcommittee on Environ- strongly support what the gentleman supported by the Secretary of Com- ment, Technology and Standards, from Nebraska has proposed. merce on June 4, 2001, and in accord- which has jurisdiction over NOAA and ance with the President’s budget re- b 1930 NIST programs within the Department As relating to the appropriations for quest? Specifically, in addition to direction of Commerce, I wish to commend the the Congressional Executive Commis- given in the committee report for new chairman of the Subcommittee on sion on China, currently half a million NOAA to develop a marine protected Commerce, Justice and State on is appropriated for that Commission. atlas, is it the intent of the chairman crafting this appropriations bill. We understand that the gentleman’s that funds may be used to implement Most Americans do not realize that staff is in agreement that the Commis- the full scope of the Executive Order NOAA makes up over 65 percent of the sion needs $1.5 million for fiscal year 13158, including the implementation of Department of Commerce’s budget, 2002 and that the gentleman, the dis- the Marine Protected Area Federal Ad- covering a wide range of programs from tinguished chairman, will pursue $1.5 visory Committee, the development of studying our climate to mapping the million for fiscal year 2002 in con- a framework for communication ocean floor. ference. amongst agencies and programs that I am pleased to see that the sub- Mr. WOLF. Mr. Chairman, will the utilize marine protected areas, and the committee has recognized the impor- gentleman yield? consultation with State and local part- tance of NOAA and has funded the Mr. BEREUTER. I yield to the gen- ners in preparation for expanding the agency at a level slightly above the tleman from Virginia. scope of the Nation’s marine protected President’s request for fiscal year 2002. Mr. WOLF. Mr. Chairman, the gen- I am also pleased that the appropria- areas? tleman from Michigan is absolutely Mr. WOLF. Mr. Chairman, will the tions bill increases funding for labs in- correct, quite frankly, if they needed $2 gentleman yield? side of the National Institute of Stand- million to do a good job, particularly Mr. GILCHREST. I yield to the chair- ards and Technology. Over the past 100 with regard to China, but we will agree man. years, NIST and its employees have not and make sure that that $1.5 million is Mr. WOLF. Mr. Chairman, I thank let us down. It is all but impossible to in there as per the request of the gen- the gentleman for his interest in the name a major innovation which has tleman from Nebraska (Mr. BEREUTER) Chesapeake Bay. Quite frankly, no one improved our quality of life with which and the gentleman from Michigan (Mr. has done more for the bay than the NIST has not had some involvement. LEVIN). gentleman from Maryland (Mr. NIST Federal laboratories have Mr. Chairman, I yield 2 minutes and GILCHREST). partnered with industry to initiate in- 30 seconds to the gentleman from The committee does not intend to novations for safer and more fuel-effi- Maryland (Mr. GILCHREST). limit the ability of NOAA to imple- cient automobiles, biomedical break- Mr. GILCHREST. Mr. Chairman, I ment the Executive Order 13158 on ma- throughs like breast cancer thank the chairman for yielding me rine protected areas. Furthermore, the diagnostics, refrigerant and air condi- time. committee fully supports the Presi- tioning standards, analysis of DNA, Mr. Chairman, I would like to thank dent’s budget request for marine pro- and calibrations for wireless tele- the chairman for the inclusion of fund- tected areas. communication systems, among nu- ing for marine protected areas in this Mr. GILCHREST. Mr. Chairman, I merous others. bill. would like to thank the chairman for Mr. Chairman, I strongly support the In the Chesapeake Bay we are al- his help in this issue. increase for NIST labs, and I hope that ready using marine protected areas to Mr. SERRANO. Mr. Chairman, I will the chairman will be able to preserve ensure the recovery of species such as yield myself whatever time I may con- this funding during conference negotia- oysters and blue crabs. We are finding sume in closing. tions with the Senate. H4086 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Mr. Chairman, let me highlight a few Mr. KILDEE. Mr. Chairman, I want to thank fiscal year ending September 30, 2002, and for key programs that are funded by this CJS Subcommittee Chairman FRANK WOLF other purposes, namely: bill: the Sea Grant program, which pro- and Senior Democratic Member JOSE TITLE I—DEPARTMENT OF JUSTICE vides grants supporting vital marine SERRANO for working hard to provide adequate GENERAL ADMINISTRATION research and education programs at funding for the Department of Justice’s portion SALARIES AND EXPENSES universities all across the country; the of the Indian Country Law Enforcement initia- For expenses necessary for the administra- Great Lakes Environmental Lab, which tive. I am pleased that the subcommittee fund- tion of the Department of Justice, $91,668,000, has a solid history of important sci- of which not to exceed $3,317,000 is for the ed the Indian Programs that are included in Facilities Program 2000, to remain available entific contributions and ensures con- the Indian Country Law enforcement initiative until expended: Provided, That not to exceed tinued high-quality coastal science. It at the levels contained in the President’s fiscal 43 permanent positions and 44 full-time also fully funds the ARGO Float Pro- year 2002 budget request. equivalent workyears and $8,451,000 shall be gram, which is crucial to global cli- I, however, hope that as this bill makes its expended for the Department Leadership mate studies which have taken on in- way through the legislative process, that you Program exclusive of augmentation that oc- creased importance to us. will support funding increases for the following curred in these offices in fiscal year 2001: In addition, it provides National items: Provided further, That not to exceed 41 per- manent positions and 48 full-time equivalent Weather Service forecasts and warn- 1. Cops grant set aside for Indians. workyears and $4,997,000 shall be expended ings which more than pays for itself, 2. Tribal Courts. for the Offices of Legislative Affairs and monitors the water levels of the Great 3. Indian alcohol and substance abuse pro- Public Affairs: Provided further, That the lat- Lakes, and plays a major change in cli- grams. ter two aforementioned offices may utilize mate change research. This bill will 4. Title V Grants that support tribal juvenile non-reimbursable details of career employees help ensure that NOAA is able to fulfill justice systems. within the caps described in the preceding its many missions, and that NIST will 5. Grants to fund the construction of deten- proviso: Provided further, That the Attorney General is authorized to transfer, under such continue to serve our country well. tion facilities in Indian Country. terms and conditions as the Attorney Gen- Mr. Chairman, I urge my colleagues 6. Tribal criminal justice statistics collection. eral shall specify, forfeited real or personal to support this bill. Mr. Chairman, each of those programs are property of limited or marginal value, as Mr. WATTS of Oklahoma, Mr. Chairman, critical to the tribal justice systems. While na- such value is determined by guidelines estab- today I rise to support H.R. 2500, the Com- tional crime rates continue to drop, crime rates lished by the Attorney General, to a State or merce Justice State Appropriations Act. Mr. on Indian lands continue to rise. What is par- local government agency, or its designated Chairman, by passing this bill the House will ticularly disturbing is the violent nature of In- contractor or transferee, for use to support take an important stand against methamphet- dian country crime: violence against women, drug abuse treatment, drug and crime pre- vention and education, housing, job skills, amine production across this country. juvenile and gang crime, and child abuse re- and other community-based public health The drug, Methamphetamine, has become main serious problems. and safety programs: Provided further, That one of the most dangerous items on our In its 1999 report, American Indians and any transfer under the preceding proviso streets. This drug is composed of products like Crime, the Bureau of Justice Statistics found shall not create or confer any private right rat poison, Comet, bleach, and lighter fluid. that American Indians and Alaska Natives of action in any person against the United This drug can be injected, inhaled, or smoked. have the highest crime victimization rates in States, and shall be treated as a reprogram- People around this country are spending their the nation, almost twice the rate of the nation ming under section 605 of this Act. hard earned money to inject into their veins rat as a whole. Ms. CARSON of Indiana. Mr. Chair- poison and bleach that was mixed in some- The report revealed that violence against man, I move to strike the last word. body’s toilet. The negative effects of this on American Indian women is higher than other (Ms. CARSON of Indiana asked and the human body are horrendous: insomnia, groups. That American Indians suffer the na- was given permission to revise and ex- depression, malnutrition, liver failure, brain tion’s highest rate of child abuse. Since 1994, tend her remarks.) Ms. CARSON of Indiana. Mr. Chairman, I damage, and death. Indian juveniles in federal custody increased rise today in support of the Boys and Girls This terrible drug not only affects those who by 50%. Even more troubling is that 55% of Clubs of America. I support its continued fund- use it but can also be deadly to innocent violent crime against American Indians, the Americans whose homes are near these labs. ing, which equals last year’s level. victims report that the offender was under the The Commerce-Justice-State appropriations In my home state of Oklahoma in 2000, we influence of alcohol, drugs or both. That figure had over 1,000 methamphetamine labs ex- bill gives the National Institute of Justice au- represents the highest rate of any group in the thority to use Local Law Enforcement Block plode and need to be cleaned up by the Okla- nation. Grants to support the Boys and Girls Clubs. homa State Bureau of Investigation. In 1994, Mr. Chairman, the Department of Justice The Boys and Girls Clubs offer young peo- there were eleven meth labs, let me repeat and the Department of Interior developed the ple the ability to know that someone cares that six years ago there were 11 meth labs in Indian country law enforcement initiative to im- about them. Club programs and services pro- my home state of Oklahoma, now there are prove the public safety and criminal justice in mote and enhance the development of boys over 1,000. And, every time one of these labs Indian communities. and girls by instilling a sense of competence, explodes families are exposed to toxic and le- Let us work together to increase the funding usefulness, belonging, and influence. thal fumes that are disbursed to the sur- levels in conference and provide the tribal jus- These clubs give young people a chance to rounding neighborhood. Innocent young chil- tice systems with the funding necessary to go during their free time where they can inter- dren and seniors are rushed to the emergency combat criminal activity in Indian country. act with others in a positive social environ- room to be treated for inhalation of these toxic The CHAIRMAN. All time for general ment. and deadly fumes. debate has expired. The clubs serve over 3.3 million boys and By passing H.R. 2500, the House will fund Pursuant to the rule, the bill shall be girls. This is in over 2,800 locations around $48.3 million dollars to state and local law en- considered for amendment under the 5- the world. About one half of those are from forcement agencies to help combat meth- minute rule. single parent families and almost two-thirds amphetamine production and meth lab clean- During consideration of the bill for are from minority families. up. This money will start to turn back the tide amendment, the Chair may accord pri- The challenges these children must cope against these labs, and protect our families ority in recognition to a Member offer- with outstrip problems faced by previous gen- and neighborhoods. This money will be used ing an amendment that he has printed erations. Drug, gang, and gun-related violence to train officers to find these labs and most im- in the designated place in the CONGRES- has risen to previously unimaginable heights. portantly clean the toxic remains of these labs. SIONAL RECORD. Those amendments But their place of refuge has not changed, be- Mr. Chairman, I commend you and your will be considered read. cause Boys and Girls Clubs continue to do committee for including the people of Okla- The Clerk will read. what they do best—using proven programs homa in this Methamphetamine HotSpots pro- The Clerk read as follows: and caring staff to save lives. gram. This money is desperately needed to H.R. 2500 The Boys and Girls Clubs teaches young keep Oklahoma neighborhoods safe. Be it enacted by the Senate and House of Rep- people in many areas of life. These include: Mr. Chairman, I urge my colleagues to resentatives of the United States of America in character and leadership, education and ca- stand with me today against this dangerous, Congress assembled, That the following sums reer, health and life skills, the arts, sports, fit- deadly drug and support H.R. 2500 the Com- are appropriated, out of any money in the ness and recreation, and specialized pro- merce Justice State Appropriations Act. Treasury not otherwise appropriated, for the grams. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4087 Most important is the Boys and Girls Clubs them to report back to us on our extra- COUNTERTERRORISM FUND is neighborhood based—an actual place for dition agreements. I must say I was For necessary expenses, as determined by the children to go—designed solely for youth disappointed in the report. They the Attorney General, $4,989,000, to remain programs and activities. seemed to gloss over the problems, per- available until expended, to reimburse any Support the Boys and Girls Clubs of Amer- haps to put politics over justice. Department of Justice organization for: (1) ica. I am hopeful that the new adminis- the costs incurred in reestablishing the oper- ational capability of an office or facility AMENDMENT OFFERED BY MR. BRADY OF TEXAS tration will take a stronger position on which has been damaged or destroyed as a Mr. BRADY of Texas. Mr. Chairman, closing these safe havens. This amend- result of any domestic or international ter- I offer an amendment. ment is strictly designed to urge the rorist incident; and (2) the costs of providing The Clerk read as follows: new leadership of the Justice Depart- support to counter, investigate or prosecute Amendment offered by Mr. BRADY of ment and State Department to let Con- domestic or international terrorism, includ- Texas: gress know that we are serious about ing payment of rewards in connection with Page 2, line 7, after the dollar amount in- closing these safe havens, that we want these activities: Provided, That any Federal sert the following: ‘‘(increased by both agencies to work together and agency may be reimbursed for the costs of $2,500,000)’’. detaining in foreign countries individuals ac- with Congress to update our treaties cused of acts of terrorism that violate the Page 57, line 14, after the dollar amount in- and to work toward the day where laws of the United States: Provided further, sert the following: ‘‘(decreased by there is nowhere on this world to hide That funds provided under this paragraph $5,000,000)’’. for those who commit crimes against shall be available only after the Attorney Page 71, line 4, after the dollar amount in- America. General notifies the Committees on Appro- sert the following: ‘‘(increased by Mr. WOLF. Mr. Chairman, will the priations of the House of Representatives $2,500,000)’’. gentleman yield? and the Senate in accordance with section Mr. BRADY of Texas. Mr. Chairman, Mr. BRADY of Texas. I yield to the 605 of this Act. my amendment is simple. I want to en- gentleman from Virginia. ADMINISTRATIVE REVIEW AND APPEALS sure that the Department of State and Mr. WOLF. Mr. Chairman, the gen- For expenses necessary for the administra- the Department of Justice have the re- tleman from Texas has played a lead- tion of pardon and clemency petitions and immigration-related activities, $178,751,000. sources they need to start the process ing role in trying to close safe havens to close safe havens around the world abroad, and I share his desire to do DETENTION TRUSTEE for fugitives who commit crimes in that. For necessary expenses of the Federal De- America and flee our justice. In response to the gentleman’s con- tention Trustee who shall exercise all power and functions authorized by law relating to We can do this by updating and mod- cerns, the committee has included re- ernizing extradition treaties, as well as the detention of Federal prisoners in non- port language for the Department of Federal institutions or otherwise in the cus- negotiating new ones. This problem is State to work with the Department of growing. The world is getting smaller; tody of the United States Marshals Service; Justice to bolster our efforts to nego- and the detention of aliens in the custody of and whereas in the past criminals tiate extradition treaties. the Immigration and Naturalization Service, would flee to the county or State line We expect that the Department of $1,721,000: Provided, That the Trustee shall be to flee justice, today they flee the Justice and Department of State will responsible for overseeing construction of country and even the continent. We use increased funding in fiscal year 2002 detention facilities or for housing related to such detention; the management of funds ap- have more than 3,000 indicted criminals for this purpose. Let me add, if the gen- who have fled America and are out of propriated to the Department for the exer- tleman from Texas would like, after we cise of any detention functions; and the di- our reach. The crimes they have com- move beyond debate and pass the bill, mitted or are charged with are serious. rection of the United States Marshals Serv- we can have a meeting with Depart- ice and Immigration and Naturalization They include murder, terrorism, drug ment of Justice and Department of Service with respect to the exercise of deten- trafficking, child abduction, money State to make sure that they know the tion policy setting and operations for the De- laundering, financial fraud, and the intensity that both of us feel with re- partment. new growing area of cybercrime. gard to this. OFFICE OF INSPECTOR GENERAL Currently, America has international Mr. BRADY of Texas. Mr. Chairman, For necessary expenses of the Office of In- extradition agreements with only 60 I thank the gentleman from Virginia spector General in carrying out the provi- percent of the world’s countries. Unfor- for his efforts. With his commitment to sions of the Inspector General Act of 1978, as tunately, it is important to note that ensure that the Department of Justice amended, $50,735,000; including not to exceed nearly half of these were enacted be- $10,000 to meet unforeseen emergencies of a and Department of State are being pro- fore World War II, so they are hope- confidential character, to be expended under vided with the necessary resources and lessly outdated. Even the others, State the direction of, and to be accounted for that these agencies understand that Department officials tell us those en- solely under the certificate of, the Attorney Congress expects them to put a greater General; and for the acquisition, lease, main- acted prior to 1970 are basically ineffec- emphasis on negotiating and enforcing tenance, and operation of motor vehicles, tive because only specific crimes are extradition treaties, Mr. Chairman, I without regard to the general purchase price listed in the treaties as extraditable, ask unanimous consent to withdraw limitation for the current fiscal year. and crimes have changed a lot in the my amendment. UNITED STATES PAROLE COMMISSION last three decades. The CHAIRMAN. Is there objection SALARIES AND EXPENSES Mr. Chairman, we have crimes that to the request of the gentleman from For necessary expenses of the United are growing and criminals who are flee- Texas? States Parole Commission as authorized by ing more and more, with criminal jus- There was no objection. law, $10,915,000. tice tools that are more outdated and The CHAIRMAN. The amendment is LEGAL ACTIVITIES less effective. This is not justice. It is withdrawn. SALARIES AND EXPENSES, GENERAL LEGAL not fair to the victims of these crimes, The Clerk will read. ACTIVITIES and it is not acceptable any longer. The Clerk read as follows: For expenses necessary for the legal activi- Mr. Chairman, I am always cautious JOINT AUTOMATED BOOKING SYSTEM ties of the Department of Justice, not other- about how and where the hard-earned wise provided for, including not to exceed For expenses necessary for the nationwide dollars of the American taxpayer are $20,000 for expenses of collecting evidence, to deployment of a Joint Automated Booking spent. More funding is necessary to be expended under the direction of, and to be System including automated capability to help close these safe havens. Further- accounted for solely under the certificate of, transmit fingerprint and image data, the Attorney General; and rent of private or more, this is something that can only $15,957,000, to remain available until ex- Government-owned space in the District of be done by our Federal Government. It pended. Columbia, $568,011,000; of which not to exceed will not happen overnight. It will take NARROWBAND COMMUNICATIONS many years, but we are capable of $10,000,000 for litigation support contracts For the costs of conversion to narrowband shall remain available until expended: Pro- doing it. communications, including the cost for oper- vided, That of the funds available in this ap- Mr. Chairman, I had a provision in- ation and maintenance of Land Mobile Radio propriation, $18,835,000 shall remain available serted in the State Department fiscal legacy systems, $104,615,000, to remain avail- until expended only for office automation year 2000 authorization bill requiring able until expended. systems for the legal divisions covered by H4088 CONGRESSIONAL RECORD — HOUSE July 17, 2001 this appropriation, and for the United States U.S.C. 589a(a), $145,937,000, to remain avail- automated information network to store and Attorneys, the Antitrust Division, the able until expended and to be derived from retrieve the identities and locations of pro- United States Trustee Program, the Execu- the United States Trustee System Fund: Pro- tected witnesses. tive Office for Immigration Review, the vided, That, notwithstanding any other pro- SALARIES AND EXPENSES, COMMUNITY Community Relations Service, and offices vision of law, deposits to the Fund shall be RELATIONS SERVICE funded through ‘‘Salaries and Expenses’’, available in such amounts as may be nec- For necessary expenses of the Community General Administration: Provided further, essary to pay refunds due depositors: Pro- Relations Service, $9,269,000 and, in addition, That of the total amount appropriated, not vided further, That, notwithstanding any up to $1,000,000 of funds made available to to exceed $1,000 shall be available to the other provision of law, $145,937,000 of offset- the Department of Justice in this Act may United States National Central Bureau, ting collections pursuant to 28 U.S.C. 589a(b) be transferred by the Attorney General to INTERPOL, for official reception and rep- shall be retained and used for necessary ex- this account: Provided, That notwithstanding resentation expenses: Provided further, That penses in this appropriation and remain notwithstanding any other provision of law, any other provision of law, upon a deter- available until expended: Provided further, mination by the Attorney General that upon a determination by the Attorney Gen- That the sum herein appropriated from the eral that emergent circumstances require emergent circumstances require additional Fund shall be reduced as such offsetting col- funding for conflict prevention and resolu- additional funding for litigation activities of lections are received during fiscal year 2002, the Civil Division, the Attorney General may tion activities of the Community Relations so as to result in a final fiscal year 2002 ap- Service, the Attorney General may transfer transfer such amounts to ‘‘Salaries and Ex- propriation from the Fund estimated at $0. penses, General Legal Activities’’ from avail- such amounts to the Community Relations SALARIES AND EXPENSES, FOREIGN CLAIMS able appropriations for the current fiscal Service, from available appropriations for SETTLEMENT COMMISSION year for the Department of Justice, as may the current fiscal year for the Department of be necessary to respond to such cir- For expenses necessary to carry out the ac- Justice, as may be necessary to respond to cumstances: Provided further, That any tivities of the Foreign Claims Settlement such circumstances: Provided further, That transfer pursuant to the previous proviso Commission, including services as author- any transfer pursuant to the previous pro- shall be treated as a reprogramming under ized by 5 U.S.C. 3109, $1,136,000. viso shall be treated as a reprogramming section 605 of this Act and shall not be avail- SALARIES AND EXPENSES, UNITED STATES under section 605 of this Act and shall not be able for obligation or expenditure except in MARSHALS SERVICE available for obligation or expenditure ex- cept in compliance with the procedures set compliance with the procedures set forth in For necessary expenses of the United forth in that section. that section. States Marshals Service, including the ac- In addition, for reimbursement of expenses quisition, lease, maintenance, and operation ASSETS FORFEITURE FUND of the Department of Justice associated with of vehicles, and the purchase of passenger For expenses authorized by 28 U.S.C. processing cases under the National Child- motor vehicles for police-type use, without 524(c)(1)(A)(ii), (B), (F), and (G), as amended, hood Vaccine Injury Act of 1986, as amended, regard to the general purchase price limita- $21,949,000, to be derived from the Depart- not to exceed $4,028,000, to be appropriated tion for the current fiscal year, $622,646,000; ment of Justice Assets Forfeiture Fund. from the Vaccine Injury Compensation Trust of which not to exceed $6,000 shall be avail- Fund. RADIATION EXPOSURE COMPENSATION able for official reception and representation ADMINISTRATIVE EXPENSES SALARIES AND EXPENSES, ANTITRUST DIVISION expenses; and of which not to exceed For expenses necessary for the enforce- $4,000,000 for development, implementation, For necessary administrative expenses in ment of antitrust and kindred laws, maintenance and support, and training for accordance with the Radiation Exposure $105,366,000: Provided, That, notwithstanding an automated prisoner information system Compensation Act, $1,996,000. section 3302(b) of title 31, United States shall remain available until expended: Pro- PAYMENT TO RADIATION EXPOSURE Code, not to exceed $105,366,000 of offsetting vided, That, in addition to reimbursable full- COMPENSATION TRUST FUND collections derived from fees collected in fis- time equivalent workyears available to the For payments to the Radiation Exposure cal year 2002 for premerger notification fil- United States Marshals Service, not to ex- Compensation Trust Fund of claims covered ings under the Hart-Scott-Rodino Antitrust ceed 4,128 positions and 3,993 full-time equiv- by the Radiation Exposure Compensation Improvements Act of 1976 (15 U.S.C. 18a) alent workyears shall be supported from the Act as in effect on June 1, 2000, $10,776,000. shall be retained and used for necessary ex- funds appropriated in this Act for the United INTERAGENCY LAW ENFORCEMENT penses in this appropriation, and shall re- States Marshals Service. main available until expended: Provided fur- INTERAGENCY CRIME AND DRUG ENFORCEMENT CONSTRUCTION ther, That the sum herein appropriated from For necessary expenses for the detection, the general fund shall be reduced as such off- For planning, constructing, renovating, investigation, and prosecution of individuals setting collections are received during fiscal equipping, and maintaining United States involved in organized crime drug trafficking year 2002, so as to result in a final fiscal year Marshals Service prisoner-holding space in not otherwise provided for, to include inter- 2002 appropriation from the general fund es- United States courthouses and Federal build- governmental agreements with State and timated at not more than $0. ings, including the renovation and expansion local law enforcement agencies engaged in of prisoner movement areas, elevators, and SALARIES AND EXPENSES, UNITED STATES the investigation and prosecution of individ- sallyports, $6,628,000 to remain available ATTORNEYS uals involved in organized crime drug traf- until expended. For necessary expenses of the Offices of the ficking, $340,189,000, of which $50,000,000 shall United States Attorneys, including inter- FEDERAL PRISONER DETENTION remain available until expended: Provided, governmental and cooperative agreements, For expenses, related to United States That any amounts obligated from appropria- $1,353,968,000; of which not to exceed $2,500,000 prisoners in the custody of the United States tions under this heading may be used under shall be available until September 30, 2003, Marshals Service, but not including expenses authorities available to the organizations re- for: (1) training personnel in debt collection; otherwise provided for in appropriations imbursed from this appropriation: Provided (2) locating debtors and their property; (3) available to the Attorney General, further, That any unobligated balances re- paying the net costs of selling property; and $724,682,000, to remain available until ex- maining available at the end of the fiscal (4) tracking debts owed to the United States pended. year shall revert to the Attorney General for reallocation among participating organiza- Government: Provided, That of the total FEES AND EXPENSES OF WITNESSES tions in succeeding fiscal years, subject to amount appropriated, not to exceed $8,000 For expenses, mileage, compensation, and shall be available for official reception and the reprogramming procedures set forth in per diems of witnesses, for expenses of con- section 605 of this Act. representation expenses: Provided further, tracts for the procurement and supervision FEDERAL BUREAU OF INVESTIGATION That not to exceed $10,000,000 of those funds of expert witnesses, for private counsel ex- available for automated litigation support penses, and for per diems in lieu of subsist- SALARIES AND EXPENSES contracts shall remain available until ex- ence, as authorized by law, including ad- For necessary expenses of the Federal Bu- pended: Provided further, That not to exceed vances, $148,494,000, to remain available until reau of Investigation for detection, inves- $2,500,000 for the operation of the National expended; of which not to exceed $6,000,000 tigation, and prosecution of crimes against Advocacy Center shall remain available may be made available for planning, con- the United States; including purchase for po- until expended: Provided further, That, in ad- struction, renovations, maintenance, remod- lice-type use of not to exceed 1,236 passenger dition to reimbursable full-time equivalent eling, and repair of buildings, and the pur- motor vehicles, of which 1,142 will be for re- workyears available to the Offices of the chase of equipment incident thereto, for pro- placement only, without regard to the gen- United States Attorneys, not to exceed 9,571 tected witness safesites; of which not to ex- eral purchase price limitation for the cur- positions and 9,776 full-time equivalent ceed $1,000,000 may be made available for the rent fiscal year, and hire of passenger motor workyears shall be supported from the funds purchase and maintenance of armored vehi- vehicles; acquisition, lease, maintenance, appropriated in this Act for the United cles for transportation of protected wit- and operation of aircraft; and not to exceed States Attorneys. nesses; and of which not to exceed $5,000,000 $70,000 to meet unforeseen emergencies of a UNITED STATES TRUSTEE SYSTEM FUND may be made available for the purchase, in- confidential character, to be expended under For necessary expenses of the United stallation, and maintenance of secure tele- the direction of, and to be accounted for States Trustee Program, as authorized by 28 communications equipment and a secure solely under the certificate of, the Attorney July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4089 General, $3,491,073,000; of which not to exceed tion program, the intelligence program, the bursement of personnel or funds on either a $50,000,000 for automated data processing and investigations program, and the inspections temporary or long-term basis: Provided fur- telecommunications and technical investiga- program, including not to exceed $50,000 to ther, That the number of positions filled tive equipment and not to exceed $1,000,000 meet unforeseen emergencies of a confiden- through non-career appointment at the Im- for undercover operations shall remain avail- tial character, to be expended under the di- migration and Naturalization Service, for able until September 30, 2003; of which not rection of, and to be accounted for solely which funding is provided in this Act or is less than $448,467,000 shall be for under the certificate of, the Attorney Gen- otherwise made available to the Immigra- counterterrorism investigations, foreign eral; purchase for police-type use (not to ex- tion and Naturalization Service, shall not counterintelligence, and other activities re- ceed 3,165 passenger motor vehicles, of which exceed four permanent positions and four lated to our national security; of which not 2,211 are for replacement only), without re- full-time equivalent workyears: Provided fur- to exceed $10,000,000 is authorized to be made gard to the general purchase price limitation ther, That none of the funds available to the available for making advances for expenses for the current fiscal year, and hire of pas- Immigration and Naturalization Service arising out of contractual or reimbursable senger motor vehicles; acquisition, lease, shall be used to pay any employee overtime agreements with State and local law enforce- maintenance and operation of aircraft; re- pay in an amount in excess of $30,000 during ment agencies while engaged in cooperative search related to immigration enforcement; the calendar year beginning January 1, 2002: activities related to violent crime, ter- for protecting and maintaining the integrity Provided further, That funds may be used, rorism, organized crime, and drug investiga- of the borders of the United States including, without limitation, for equipping, maintain- tions: Provided, That not to exceed $45,000 without limitation, equipping, maintaining, ing, and making improvements to the infra- shall be available for official reception and and making improvements to the infrastruc- structure and the purchase of vehicles for po- representation expenses: Provided further, ture; and for the care and housing of Federal lice-type use within the limits of the En- That, in addition to reimbursable full-time detainees held in the joint Immigration and forcement and Border Affairs appropriation: equivalent workyears available to the Fed- Naturalization Service and United States Provided further, That, in addition to reim- eral Bureau of Investigation, not to exceed Marshals Service Buffalo Detention Facility, bursable full-time equivalent workyears 24,935 positions and 24,488 full-time equiva- $2,738,517,000; of which not to exceed $5,000,000 available to the Immigration and Natu- lent workyears shall be supported from the is for payments or advances arising out of ralization Service, not to exceed 3,146 posi- funds appropriated in this Act for the Fed- contractual or reimbursable agreements tions and 3,523 full-time equivalent eral Bureau of Investigation. with State and local law enforcement agen- workyears shall be supported from the funds CONSTRUCTION cies while engaged in cooperative activities appropriated under this heading in this Act For necessary expenses to construct or ac- related to immigration; of which not to ex- for the Immigration and Naturalization quire buildings and sites by purchase, or as ceed $5,000,000 is to fund or reimburse other Service: Provided further, That, notwith- otherwise authorized by law (including Federal agencies for the costs associated standing any other provision of law, during equipment for such buildings); conversion with the care, maintenance, and repatriation fiscal year 2002, the Attorney General is au- and extension of Federally-owned buildings; of smuggled illegal aliens: Provided, That thorized and directed to impose disciplinary and preliminary planning and design of none of the funds available to the Immigra- action, including termination of employ- projects; $1,250,000, to remain available until tion and Naturalization Service shall be ment, pursuant to policies and procedures expended. available to pay any employee overtime pay applicable to employees of the Federal Bu- DRUG ENFORCEMENT ADMINISTRATION in an amount in excess of $30,000 during the reau of Investigation, for any employee of calendar year beginning January 1, 2002: Pro- SALARIES AND EXPENSES the Immigration and Naturalization Service vided further, That uniforms may be pur- who violates policies and procedures set For necessary expenses of the Drug En- chased without regard to the general pur- forth by the Department of Justice relative forcement Administration, including not to chase price limitation for the current fiscal to the granting of citizenship or who will- exceed $70,000 to meet unforeseen emer- year: Provided further, That, in addition to fully deceives the Congress or department gencies of a confidential character, to be ex- reimbursable full-time equivalent workyears leadership on any matter. pended under the direction of, and to be ac- available to the Immigration and Natu- counted for solely under the certificate of, CONSTRUCTION ralization Service, not to exceed 20,465 posi- the Attorney General; expenses for con- For planning, construction, renovation, tions and 20,066 full-time equivalent ducting drug education and training pro- equipping, and maintenance of buildings and workyears shall be supported from the funds grams, including travel and related expenses facilities necessary for the administration appropriated under this heading in this Act for participants in such programs and the and enforcement of the laws relating to im- for the Immigration and Naturalization distribution of items of token value that pro- migration, naturalization, and alien reg- Service: Provided further, That none of the mote the goals of such programs; purchase of istration, not otherwise provided for, funds provided in this or any other Act shall not to exceed 1,358 passenger motor vehicles, $128,454,000, to remain available until ex- be used for the continued operation of the of which 1,079 will be for replacement only, pended: Provided, That no funds shall be San Clemente and Temecula checkpoints un- for police-type use without regard to the available for the site acquisition, design, or less the checkpoints are open and traffic is general purchase price limitation for the construction of any Border Patrol check- being checked on a continuous 24-hour basis. current fiscal year; and acquisition, lease, point in the Tucson sector. CITIZENSHIP AND BENEFITS, IMMIGRATION maintenance, and operation of aircraft, FEDERAL PRISON SYSTEM $1,476,083,000; of which not to exceed $1,800,000 SUPPORT AND PROGRAM DIRECTION SALARIES AND EXPENSES for research shall remain available until ex- For all programs of the Immigration and pended, and of which not to exceed $4,000,000 Naturalization Service not included under For expenses necessary for the administra- for purchase of evidence and payments for the heading ‘‘Enforcement and Border Af- tion, operation, and maintenance of Federal information, not to exceed $10,000,000 for con- fairs’’, $632,923,000, of which not to exceed penal and correctional institutions, includ- tracting for automated data processing and $400,000 for research shall remain available ing purchase (not to exceed 685, of which 610 telecommunications equipment, and not to until expended: Provided, That not to exceed are for replacement only) and hire of law en- exceed $2,000,000 for laboratory equipment, $5,000 shall be available for official reception forcement and passenger motor vehicles, and $4,000,000 for technical equipment, and and representation expenses: Provided fur- for the provision of technical assistance and $2,000,000 for aircraft replacement retrofit ther, That the Attorney General may trans- advice on corrections related issues to for- and parts, shall remain available until Sep- fer any funds appropriated under this head- eign governments, $3,830,971,000: Provided, tember 30, 2003; of which not to exceed $50,000 ing and the heading ‘‘Enforcement and Bor- That the Attorney General may transfer to shall be available for official reception and der Affairs’’ between said appropriations not- the Health Resources and Services Adminis- representation expenses: Provided, That, in withstanding any percentage transfer limita- tration such amounts as may be necessary addition to reimbursable full-time equiva- tions imposed under this appropriations Act for direct expenditures by that Administra- lent workyears available to the Drug En- and may direct such fees as are collected by tion for medical relief for inmates of Federal forcement Administration, not to exceed the Immigration and Naturalization Service penal and correctional institutions: Provided 7,654 positions and 7,515 full-time equivalent to the activities funded under this heading further, That the Director of the Federal workyears shall be supported from the funds and the heading ‘‘Enforcement and Border Prison System (FPS), where necessary, may appropriated in this Act for the Drug En- Affairs’’ for performance of the functions for enter into contracts with a fiscal agent/fiscal forcement Administration. which the fees legally may be expended: Pro- intermediary claims processor to determine vided further, That not to exceed 40 perma- the amounts payable to persons who, on be- IMMIGRATION AND NATURALIZATION SERVICE nent positions and 40 full-time equivalent half of FPS, furnish health services to indi- SALARIES AND EXPENSES workyears and $4,300,000 shall be expended viduals committed to the custody of FPS: For expenses necessary for the administra- for the Offices of Legislative Affairs and Provided further, That not to exceed $6,000 tion and enforcement of the laws relating to Public Affairs: Provided further, That the lat- shall be available for official reception and immigration, naturalization, and alien reg- ter two aforementioned offices shall not be representation expenses: Provided further, istration, as follows: augmented by personnel details, temporary That not to exceed $50,000,000 shall remain ENFORCEMENT AND BORDER AFFAIRS transfers of personnel on either a reimburs- available for necessary operations until Sep- For salaries and expenses for the Border able or non-reimbursable basis, or any other tember 30, 2003: Provided further, That, of the Patrol program, the detention and deporta- type of formal or informal transfer or reim- amounts provided for Contract Confinement, H4090 CONGRESSIONAL RECORD — HOUSE July 17, 2001 not to exceed $20,000,000 shall remain avail- istrative expenses, and for services as au- tion 242(j) of the Immigration and Nation- able until expended to make payments in ad- thorized by 5 U.S.C. 3109, to be computed on ality Act, as amended; vance for grants, contracts and reimbursable an accrual basis to be determined in accord- (3) $35,000,000 for the Cooperative Agree- agreements, and other expenses authorized ance with the corporation’s current pre- ment Program; by section 501(c) of the Refugee Education scribed accounting system, and such (4) $48,162,000 for assistance to Indian Assistance Act of 1980, as amended, for the amounts shall be exclusive of depreciation, tribes, of which: care and security in the United States of payment of claims, and expenditures which (A) $35,191,000 shall be available for grants Cuban and Haitian entrants: Provided further, the said accounting system requires to be under section 20109(a)(2) of subtitle A of title That the Director of the Federal Prison Sys- capitalized or charged to cost of commod- II of the 1994 Act, tem may accept donated property and serv- ities acquired or produced, including selling (B) $7,982,000 shall be available for the ices relating to the operation of the prison and shipping expenses, and expenses in con- Tribal Courts Initiative, and card program from a not-for-profit entity nection with acquisition, construction, oper- (C) $4,989,000 shall be available for dem- which has operated such program in the past ation, maintenance, improvement, protec- onstration grants on alcohol and crime in In- notwithstanding the fact that such not-for- tion, or disposition of facilities and other dian Country; profit entity furnishes services under con- property belonging to the corporation or in (5) $570,000,000 for programs authorized by tracts to the Federal Prison System relating which it has an interest. part E of title I of the 1968 Act, notwith- to the operation of pre-release services, half- OFFICE OF JUSTICE PROGRAMS way houses or other custodial facilities. standing the provisions of section 511 of said JUSTICE ASSISTANCE Act, of which $70,000,000 shall be for discre- b 1945 For grants, contracts, cooperative agree- tionary grants under the Edward Byrne Me- Mr. SERRANO. Mr. Chairman, I ments, and other assistance authorized by morial State and Local Law Enforcement move to strike the last word. title I of the Omnibus Crime Control and Assistance Programs; I understand we have come to the Safe Streets Act of 1968, as amended (‘‘the (6) $11,975,000 for the Court Appointed Spe- amendment of the gentleman from Vir- 1968 Act’’), and the Missing Children’s Assist- cial Advocate Program, as authorized by sec- ance Act, as amended, including salaries and tion 218 of the 1990 Act; ginia (Mr. SCOTT), and I know he is on expenses in connection therewith, and with (7) $2,296,000 for Child Abuse Training Pro- the House floor somewhere. I take that the Victims of Crime Act of 1984, as amend- grams for Judicial Personnel and Practi- back. He is on the House floor, but his ed, $187,877,000, to remain available until ex- tioners, as authorized by section 224 of the amendment is not. pended, as authorized by section 1001 of title 1990 Act; Mr. SCOTT. Mr. Chairman, if the I of the Omnibus Crime Control and Safe (8) $998,000 for grants for televised testi- gentleman will yield, we have had a Streets Act of 1968, as amended by Public mony, as authorized by section 1001(a)(7) of discussion with the gentleman from Law 102–534 (106 Stat. 3524). the 1968 Act; In addition, for grants, cooperative agree- Virginia (Mr. WOLF); and I think we are (9) $184,537,000 for Grants to Combat Vio- ments, and other assistance authorized by going to be able to work the amend- lence Against Women, to States, units of sections 819 and 821 of the Antiterrorism and local government, and Indian tribal govern- ment out without going through the Effective Death Penalty Act of 1996 and for process of considering it on the floor. I ments, as authorized by section 1001(a)(18) of other counterterrorism programs, the 1968 Act, of which: think we have worked things out. It in- $220,494,000, to remain available until ex- (A) $1,000,000 shall be for the Bureau of Jus- volves a prison study. I appreciate the pended. tice Statistics for grants, contracts, and cooperation of the gentleman from Vir- STATE AND LOCAL LAW ENFORCEMENT other assistance for a domestic violence Fed- ginia. ASSISTANCE eral case processing study, The CHAIRMAN. The Clerk will read. For assistance authorized by the Violent (B) $5,200,000 shall be for the National In- The Clerk read as follows: Crime Control and Law Enforcement Act of stitute of Justice for grants, contracts, and BUILDINGS AND FACILITIES 1994 (Public Law 103–322), as amended (‘‘the other assistance for research and evaluation For planning, acquisition of sites and con- 1994 Act’’); the Omnibus Crime Control and of violence against women, struction of new facilities; purchase and ac- Safe Streets Act of 1968, as amended (‘‘the (C) $10,000,000 shall be for the Office of Ju- quisition of facilities and remodeling, and 1968 Act’’); the Victims of Child Abuse Act of venile Justice and Delinquency Prevention equipping of such facilities for penal and cor- 1990, as amended (‘‘the 1990 Act’’); and the for the Safe Start Program, to be adminis- rectional use, including all necessary ex- Victims of Trafficking and Violence Protec- tered as authorized by part C of the Juvenile penses incident thereto, by contract or force tion Act of 2000 (Public Law 106–386); Justice and Delinquency Act of 1974, as account; and constructing, remodeling, and $2,519,575,000 (including amounts for adminis- amended, and equipping necessary buildings and facilities trative costs, which shall be transferred to (D) $5,000,000 shall be for the National In- at existing penal and correctional institu- and merged with the ‘‘Justice Assistance’’ stitute of Justice for grants, contracts, and tions, including all necessary expenses inci- account), to remain available until expended other assistance for research on family vio- dent thereto, by contract or force account, as follows: lence; $813,552,000, to remain available until ex- (1) $521,849,000 for Local Law Enforcement (10) $64,925,000 for Grants to Encourage Ar- pended, of which not to exceed $14,000,000 Block Grants, pursuant to H.R. 728 as passed rest Policies to States, units of local govern- shall be available to construct areas for in- by the House of Representatives on February ment, and Indian tribal governments, as au- mate work programs: Provided, That labor of 14, 1995, except that for purposes of this Act, thorized by section 1001(a)(19) of the 1968 Act; United States prisoners may be used for Guam shall be considered a ‘‘State’’, the (11) $39,945,000 for Rural Domestic Violence work performed under this appropriation: Commonwealth of Puerto Rico shall be con- and Child Abuse Enforcement Assistance Provided further, That not to exceed 10 per- sidered a ‘‘unit of local government’’ as well Grants, as authorized by section 40295 of the cent of the funds appropriated to ‘‘Buildings as a ‘‘State’’, for the purposes set forth in 1994 Act; and Facilities’’ in this or any other Act may subparagraphs (A), (B), (D), (F), and (I) of (12) $4,989,000 for training programs to as- be transferred to ‘‘Salaries and Expenses’’, section 101(a)(2) of H.R. 728, and for estab- sist probation and parole officers who work Federal Prison System, upon notification by lishing crime prevention programs involving with released sex offenders, as authorized by the Attorney General to the Committees on cooperation between community residents section 40152(c) of the 1994 Act, and for local Appropriations of the House of Representa- and law enforcement personnel in order to demonstration projects; tives and the Senate in compliance with pro- control, detect, or investigate crime or the (13) $3,000,000 for grants to States and units visions set forth in section 605 of this Act. prosecution of criminals: Provided, That no of local government to improve the process FEDERAL PRISON INDUSTRIES, INCORPORATED funds provided under this heading may be for entering data regarding stalking and do- The Federal Prison Industries, Incor- used as matching funds for any other Federal mestic violence into local, State, and na- porated, is hereby authorized to make such grant program, of which: tional crime information databases, as au- expenditures, within the limits of funds and (A) $60,000,000 shall be for Boys and Girls thorized by section 40602 of the 1994 Act; borrowing authority available, and in accord Clubs in public housing facilities and other (14) $10,000,000 for grants to reduce Violent with the law, and to make such contracts areas in cooperation with State and local Crimes Against Women on Campus, as au- and commitments, without regard to fiscal law enforcement: Provided, That funds may thorized by section 1108(a) of Public Law 106– year limitations as provided by section 9104 also be used to defray the costs of indem- 386; of title 31, United States Code, as may be nification insurance for law enforcement of- (15) $40,000,000 for Legal Assistance for Vic- necessary in carrying out the program set ficers, tims, as authorized by section 1201 of Public forth in the budget for the current fiscal (B) $6,000,000 shall be for the National Po- Law 106–386; year for such corporation, including pur- lice Athletic League pursuant to Public Law (16) $5,000,000 for enhancing protection for chase (not to exceed five for replacement 106–367, and older and disabled women from domestic vio- only) and hire of passenger motor vehicles. (C) $19,956,000 shall be available for grants, lence and sexual assault as authorized by LIMITATION ON ADMINISTRATIVE EXPENSES, contracts, and other assistance to carry out section 40801 of the 1994 Act; FEDERAL PRISON INDUSTRIES, INCORPORATED section 102(c) of H.R. 728; (17) $15,000,000 for the Safe Havens for Chil- Not to exceed $3,429,000 of the funds of the (2) $565,000,000 for the State Criminal Alien dren Pilot Program as authorized by section corporation shall be available for its admin- Assistance Program, as authorized by sec- 1301 of Public Law 106–386; July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4091 (18) $200,000 for a report of effects of paren- priation accounts for ‘‘Weed and Seed’’ pro- programs in their struggle to combat tal kidnapping laws in domestic violence gram activities shall be managed and exe- meth production and distribution and cases, as authorized by section 1303 of Public cuted by the Attorney General through the to remove and dispose of hazardous ma- Law 106–386; Executive Office for Weed and Seed: Provided terials at meth labs. (19) $200,000 for the study of standards and further, That the Attorney General may di- I urge Members’ support for our processes for forensic exams of domestic vio- rect the use of other Department of Justice lence, as authorized by section 1405 of Public funds and personnel in support of ‘‘Weed and amendment and their help in our fight Law 106–386; Seed’’ program activities only after the At- against this extremely destructive and (20) $7,500,000 for Education and Training to torney General notifies the Committees on addictive synthetic drug. end violence against and abuse of women Appropriations of the House of Representa- Mr. WOLF. Mr. Chairman, I rise in with disabilities, as authorized by section tives and the Senate in accordance with sec- strong opposition to the gentleman’s 1402 of P.L. 106–386; tion 605 of this Act. amendment. (21) $10,000,000 for victim services programs COMMUNITY ORIENTED POLICING SERVICES This amendment would take $11 mil- for victims of trafficking, as authorized by For activities authorized by the Violent lion from the Broadcasting Board of section 107(b)(2) of Public Law 106–386; Crime Control and Law Enforcement Act of Governors, International Broadcasting (22) $73,861,000 for grants for residential 1994, Public Law 103–322 (‘‘the 1994 Act’’) (in- Operations account. A reduction of this substance abuse treatment for State pris- cluding administrative costs), $1,013,498,000, oners, as authorized by section 1001(a)(17) of magnitude would trigger a significant to remain available until expended: Provided, reduction-in-force affecting up to 100 the 1968 Act: Provided, That States that have That no funds that become available as a re- in-prison drug treatment programs, in com- employees; it would silence the Voice sult of deobligations from prior year bal- of America in at least a dozen foreign pliance with Federal requirements, may use ances, excluding those for program manage- their residential substance abuse grant funds ment and administration, may be obligated language services around the globe; for treatment, both during incarceration and except in accordance with section 605 of this and it would force reductions of world- after release; Act: Provided further, That section 1703 (b) wide broadcast hours. (23) $898,000 for the Missing Alzheimer’s and (c) of the 1968 Act shall not apply to non- In fact, it goes just the opposite. We Disease Patient Alert Program, as author- hiring grants made pursuant to part Q of are trying to broadcast in the Sudan ized by section 240001(c) of the 1994 Act; title I thereof (42 U.S.C. 3796dd et seq.): Pro- where there is slavery, terrorism, and (24) $50,000,000 for Drug Courts, as author- vided further, That all prior year balances de- this would take us back the other way. ized by title V of the 1994 Act; rived from the Violent Crime Trust Fund for (25) $1,497,000 for Law Enforcement Family The amendment would also eliminate Community Oriented Policing Services may funding for a new program initiative Support Programs, as authorized by section be transferred into this appropriation. 1001(a)(21) of the 1968 Act; already under way to improve and ex- (26) $1,995,000 for public awareness pro- AMENDMENT OFFERED BY MR. LUCAS OF pand broadcasting to the Middle East grams addressing marketing scams aimed at OKLAHOMA and Sudan in Arabic. This new program senior citizens, as authorized by section Mr. LUCAS of Oklahoma. Mr. Chair- is designed to give the U.S. a voice in 250005(3) of the 1994 Act; man, I offer an amendment. a very, very critical area. (27) $249,450,000 for Juvenile Accountability The Clerk read as follows: U.S. broadcasting to the region is Incentive Block Grants, of which $38,000,000 Amendment offered by Mr. LUCAS of Okla- now ineffective, and the U.S. is not shall be available for grants, contracts, and homa: other assistance under the Project ChildSafe playing a role to counterbalance hate Page 33, line 18, insert after the dollar radio that is prevalent in the Middle Initiative, except that such funds shall be amount the following: ‘‘(increased by subject to the same terms and conditions as $11,700,000)’’. East. This amendment would prevent set forth in the provisions under this heading Page 34, line 7, insert after the first dollar this revamping of current program- for this program in Public Law 105–119, but amount the following: ‘‘(increased by ming and transmission strategies from all references in such provisions to 1998 shall $11,700,000)’’. moving forward. be deemed to refer instead to 2002, and Guam Page 34, line 16, insert after the dollar The amendment would cause a roll- shall be considered a ‘‘State’’ for the pur- amount the following: ‘‘(increased by back of efforts to fight jamming of U.S. poses of title III of H.R. 3, as passed by the $11,700,000)’’. broadcasts by governments such as House of Representatives on May 8, 1997; and Page 81, line 24, insert after the dollar China. When I was in Tibet, everyone I (28) $1,298,000 for Motor Vehicle Theft Pre- amount the following: ‘‘(reduced by vention Programs, as authorized by section $11,700,000)’’. spoke to in Tibet listened to Radio Free China. Also, Vietnam that denies 220002(h) of the 1994 Act: Mr. LUCAS of Oklahoma. Mr. Chair- their citizens access to information. Provided, That funds made available in fiscal man, I rise to offer the following year 2002 under subpart 1 of part E of title I This jamming cuts off what for many is amendment to increase the funding for of the 1968 Act may be obligated for pro- the only available source of objective the methamphetamine enforcement grams to assist States in the litigation proc- news and information. essing of death penalty Federal habeas cor- and cleanup under the COPS program These offsets that the gentleman has pus petitions and for drug testing initiatives: by $11.7 million. This increase is equal chosen are simply unacceptable and Provided further, That, if a unit of local gov- to the amount requested earlier this ernment uses any of the funds made avail- would pretty much wipe out what the year by the Congressional Caucus to committee did. I strongly urge the re- able under this title to increase the number Fight and Control Methamphetamines, of law enforcement officers, the unit of local jection of the amendment. government will achieve a net gain in the of which I am a member. Mr. SERRANO. Mr. Chairman, I number of law enforcement officers who per- Mr. Chairman, meth is arguably the move to strike the last word. form nonadministrative public safety serv- fastest growing drug threat in America There is a way that the gentleman ice. today, with my home State of Okla- could get a lot of support on this side WEED AND SEED PROGRAM FUND homa ranking number one, unbeliev- for his amendment; and that is, if he For necessary expenses, including salaries able as it may be, per capita in the Na- directs the cut to broadcasting to and related expenses of the Executive Office tion in the number of meth lab sei- Cuba. So my question to him is, would for Weed and Seed, to implement ‘‘Weed and zures. Over the past 7 years, the num- he be willing to take the full amount Seed’’ program activities, $58,925,000, to re- ber of Oklahoma meth lab seizures has out of broadcasting to Cuba? main available until expended, for inter-gov- increased by an unbelievable 8,000 per- ernmental agreements, including grants, co- Mr. LUCAS of Oklahoma. Mr. Chair- operative agreements, and contracts, with cent. With an average cleanup cost per man, will the gentleman yield? State and local law enforcement agencies, lab of $3,500, that equals a substantial Mr. SERRANO. I yield to the gen- non-profit organizations, and agencies of financial strain on Oklahoma as well as tleman from Oklahoma. local government engaged in the investiga- the Nation. Mr. LUCAS of Oklahoma. Mr. Chair- tion and prosecution of violent crimes and Since 1994, DEA seizures of meth labs man, I am not sure at this particular drug offenses in ‘‘Weed and Seed’’ designated have increased more than sixfold na- time that I am in a position nec- communities, and for either reimbursements tionwide. We are halfway through the essarily to agree to that. I would say or transfers to appropriation accounts of the year, and already there have been more this, though, in regards to both the Department of Justice and other Federal DEA and State and local meth lab outstanding chairman and the ranking agencies which shall be specified by the At- torney General to execute the ‘‘Weed and cleanups than in the entirety of the member, that looking at this budget, Seed’’ program strategy: Provided, That last year. clearly there is a $32 million increase funds designated by Congress through lan- Mr. Chairman, an increase in funding for International Broadcasting Oper- guage for other Department of Justice appro- is vital for State and local enforcement ations. I acknowledge that there is 7.8 H4092 CONGRESSIONAL RECORD — HOUSE July 17, 2001 percent increase in this particular fund think Members need to understand it is Mr. WOLF. Mr. Chairman, I rise in and that my reduction would lower hard enough for the committee to man- support of the amendment. that increase to 5 percent. But the bot- age a bill. We try our level best to ac- Mr. Chairman, we accept the amend- tom line remains to me, we have a commodate Members. And we try to ment. We sympathize with the gentle- huge methamphetamine problem that help them shape their amendments if man’s concerns regarding individuals is consuming our society here at home. they need help, but Members need to be not receiving their compensation pay- I think we have an obligation to try here when those amendments come up ments. The bill includes $10,766,000 to and respond to that. I wish I could re- in the regular bill. If they are not here, make payments to individuals who spond favorably to the gentleman, but the committee cannot be expected to qualify for compensation under the I cannot. jump through hoops in the future. original Radiation Exposure Act. Mr. SERRANO. Reclaiming my time, b 2000 The gentleman has a very, very good I guess that by that statement that is point. This program has now become in a ‘‘no,’’ but I just want to make sure So I think Members need to under- effect an entitlement program, with stand from here on out on this bill, if before I sit down that I made it clear to little or no discretionary funds avail- you want to offer an amendment, you him that he had a great opportunity to able to pay for it. Both the administra- have to be here at that point in the bill pick up a lot of support on this side if tion and the budget resolution propose when the amendment is eligible; or else he directs that fine amendment to a to convert this to a mandatory activ- they will not be eligible for offering. cut in Cuba broadcasting. If he did ity. We are trying to help Members get out that, I would support him and he would I strongly support this proposal. I at a reasonable time tonight and make be surprised how many Members on think the gentleman has a very good certain that Members’ amendments are this side would support him. But I point. I read the article in the news- going to be dealt with tomorrow, but guess the answer is no, so in general paper the other day about the elderly we need the cooperation of Members. terms, we would oppose cutting broad- So, again, I want to repeat what was lady in Maryland whose husband died casting because it would hurt areas of said earlier. I also would urge any of radiation. Most of these people are the world that need the support. Member who is talking about filing an getting very old, so I think it is impor- The CHAIRMAN. The question is on amendment to get that amendment tant to provide it so everyone can be the amendment offered by the gen- filed in the RECORD tonight so that we involved. tleman from Oklahoma (Mr. LUCAS). know what universe of amendments we Mr. CANNON. Mr. Chairman, will the The question was taken; and the are going to be dealing with tomorrow, gentleman yield? Chairman announced that the noes ap- because the gentleman from Virginia Mr. WOLF. I yield to the gentleman peared to have it. (Mr. WOLF) and the gentleman from from Utah. Mr. LUCAS of Oklahoma. Mr. Chair- New York (Mr. SERRANO) are going to Mr. CANNON. Mr. Chairman, I have man, I demand a recorded vote. have a lot of things to do tomorrow, in fact introduced a bill in the House The CHAIRMAN. Pursuant to clause and they will have an opportunity to that would make this a mandatory ex- 6 of rule XVIII, further proceedings on put together some kind of an agree- penditure instead of discretionary. My the amendment offered by the gen- ment in the morning. But we need to colleague from Utah in the other body tleman from Oklahoma (Mr. LUCAS) know which amendments Members are has also introduced a bill. I suspect will be postponed. going to offer. So if they are going to that the likelihood that this will pass Mr. WOLF. Mr. Chairman, earlier I offer amendments, they need to get this Congress is very high, and that I had promised the gentleman from Utah them filed in the RECORD tonight to fa- think it would eliminate the concern (Mr. CANNON) that his amendment cilitate the committee business. and the problem we have here. could be in order and be offered and he Mr. Chairman, I withdraw my res- The CHAIRMAN. The question is on was not here. I know there is at least ervation of objection. the amendment offered by the gen- one Member on the other side. The CHAIRMAN. Is there objection tleman from Utah (Mr. CANNON). Mr. Chairman, I ask unanimous con- to the request of the gentleman from The amendment was agreed to. sent that the gentleman from Utah Virginia (Mr. WOLF) that the gen- AMENDMENT NO. 2 OFFERED BY MR. HINCHEY (Mr. CANNON) be permitted to go back tleman from Utah (Mr. CANNON) and Mr. HINCHEY. Mr. Chairman, I offer and offer his amendment and that the the gentleman from New York (Mr. an amendment. gentleman from New York (Mr. HIN- HINCHEY) be permitted to have their The CHAIRMAN. The Clerk will des- CHEY) be permitted to do the same. amendments considered out of order? ignate the amendment. The CHAIRMAN. Is there objection There was no objection. The text of the amendment is as fol- to the request of the gentleman from AMENDMENT OFFERED BY MR. CANNON lows: Virginia? Mr. CANNON. Mr. Chairman, I offer Amendment No. 2 offered by Mr. HINCHEY: Mr. YOUNG of Florida. Mr. Chair- an amendment. In title I, in the item relating to ‘‘FEDERAL man, reserving the right to object, and The Clerk read as follows: PRISON SYSTEM—BUILDINGS AND FACILITIES’’, I am not going to object, but I make Amendment offered by Mr. CANNON: after the aggregate dollar amount, insert the this reservation in order to have just a On page 12, line 21, strike ‘‘as in effect on following: ‘‘(reduced by $73,000,000)’’. minute to say that we will agree to June 1, 2000’’. In title II, in the item relating to ‘‘ECO- this, but Members have an obligation Mr. CANNON. Mr. Chairman, I would NOMIC DEVELOPMENT ADMINISTRATION—ECO- to be here as the bill is being presented like to first thank the gentleman from NOMIC DEVELOPMENT ASSISTANCE PROGRAMS’’, if they have an amendment. We will Florida (Chairman YOUNG), the gen- after the aggregate dollar amount, insert the agree to it on this particular unani- tleman from Virginia (Chairman following: ‘‘(increased by $73,000,000)’’. mous consent request. We will not WOLF), and the gentleman from Wis- Mr. HINCHEY. Mr. Chairman, this agree to it for any further UCs to go consin (Mr. OBEY), the ranking mem- amendment would increase funding for back to anyplace in the bill. ber, for their condescension in this the Economic Development Adminis- Mr. Chairman, I withdraw my res- matter. tration by $73 million. This would sim- ervation of objection. Mr. Chairman, this amendment ply level-fund EDA at what it had last The CHAIRMAN. Is there objection would simply eliminate a distinction in year. to the request of the gentleman from classes of people that Congress has al- Since 1965, the EDA has been helping Virginia? ready decided should be considered as communities build their infrastruc- Mr. OBEY. Mr. Chairman, reserving one class. We recognize that there is ture, develop their business base, re- the right to object, I do so only to em- not enough money available for the build their economies in the wake of phasize my total agreement with the whole trust fund or to fund all of the natural disasters, plant closings and comment of the gentleman from Flor- claims under the Radiation Exposure military base realignments, and also ida. We will in this instance agree to go and Compensation Act, and I would address persistent unemployment and back because there is one Member from just like to maintain a group, instead underemployment problems. each party who would otherwise not be of making a distinction between Over the years, EDA has invested able to offer their amendments. But I groups. more than $16 billion all across the July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4093 country. It has been a good invest- has been displaced by a job overseas complished with the conversion of a ment, generating almost three times as that he should have had retained. TAA male facility for female use. much supporting private investment. has averted the need for millions of Delaying the secure facilities for fe- EDA public works programs help fund dollars in unemployment compensa- male offenders would also increase the locally developed infrastructure tion, Dislocated Workers’ Compensa- system-wide crowding levels, since projects that are critical to attracting tion, welfare cash assistance, food male institutions cannot be returned private sector businesses to local com- stamps and other programs. This is to housing male offenders as planned. munities. Every dollar of EDA public money within the economy itself. Before I got elected to Congress, I works money generates an additional The entire New Jersey delegation worked in a program called Man-to- $10 in private investment results. It is contacted this subcommittee in a bi- Man down at Lorton Reformatory. This clear, I think, that in each and every partisan manner to support increased amendment would be a terrible thing one of our districts, we have seen the funding for the TAA to a level of no to do. Had the gentleman been able to effects of EDA. less than $24 million. This amendment find some other money some other We offset this $73 million by decreas- will help us come close to adequately place, we could look at it, but to take ing the prison construction account by addressing the needs of American man- it out of the construction of prisons, a like amount, $73 million. The bill ufacturers and our changing global where the conditions in the prisons are provides $813.5 million for prison con- economy. so miserable. In fact, I am going to be struction. With this reduction, there is I thank the gentleman from New introducing a bill with a Member from still more than $740 million left in this York (Mr. HINCHEY); I thank the gen- your side with regard to asking for an account to build new Federal prisons. tleman from Virginia (Mr. WOLF); and I investigation and study of prison rape. Mr. Chairman, I yield to the gen- thank the chairman, for our workers If you could see the number of men tleman from New Jersey (Mr. need no less. who are raped in prisons around this PASCRELL). Mr. WOLF. Mr. Chairman, I rise in country, it would be a worldwide dis- Mr. PASCRELL. Mr. Chairman, I very strong opposition to this amend- grace. We want people to see it so we want to thank the gentleman from New ment. A reduction in funding for the can do something about it. York for introducing this amendment buildings and facilities program will Mr. Chairman, I strongly urge my to increase funding for EDA. delay construction of seven partially colleagues to vote against this amend- A program close to my heart within funded projects. ment. This would be bad, and I think it EDA, and I know the gentleman from One should go to a prison and see the would create conditions that I think, Virginia would appreciate this, is the conditions in the prison. One of the frankly, would be unfortunate for the Trade Adjustment Assistance for Firms biggest problems in prison is prison prisons. program administered by the Depart- rape, where the men are double and tri- Mr. PASCRELL. Mr. Chairman, I ment of Commerce. This program has pled bunked and have no place to go. move to strike the requisite number of been incredibly successful in the State The Bureau of Prisons is currently words. of New Jersey. operating at 33 percent above the rate Mr. Chairman, do we want to build We need this help in the Garden of capacity, system-wide. Crowding at bigger jails, or do we want to build a State. It has not seen many benefits medium-security facilities is 58 percent better economy? No one is saying on from the unfair trade agreements, such above the rate of capacity, and 48 per- this floor that we do not need to build as NAFTA. John Walsh has done a tre- cent at high-security penitentiaries. more Federal prisons. No one is saying mendous job in New Jersey with the While the gentleman has some merit that. But this administration is asking little resources that he has. This bill to the concept of what he wants to do, us to listen to them on the issue of merely provides TAA level funding he should not take money from the trade. which is wholly unacceptable at this prisons. You cannot put a man or The gentleman from Virginia has point. woman in prison for 15 years with ter- spoken on this floor many times about The response for TAA is over- rible conditions and no rehabilitation displaced workers, about human rights; whelming, Mr. Chairman. The imple- and expect them to come out and be de- and I have followed the gentleman’s mentation of NAFTA and the cent citizens. Higher levels of crowding point and been in support. If one lis- globalization we see under WTO has potentially endanger staff, inmates, tens to those who want to trade and only highlighted the demands for firms and the community. In fact, as you can open up the floodgates, because noth- for this assistance. In New Jersey last almost say, to do this could bring ing is free, this trade is a cure that will year, 4,000 jobs were retained or cre- about riots in the prisons. increase employment, which will in- ated with the help of the TAA. This is Further, the Bureau of Prisons is ex- crease productivity and end human critical. periencing its third consecutive year of rights abuses. It will promote democ- It is interesting that in this country, record population growth in fiscal year racy, we hear, democracy, and do just many times the only way we can get 2000, of over 11,400 inmates; and all in- about everything one wants. These are health care is if you go to prison. What dications are that it will continue to all unproved theories. we are saying to the displaced workers grow. The projections are inmate popu- It seems to me we could take some in this globalization of trade, and the lation will increase by 36 percent by money from that large pool of building gentleman from Virginia knows this is the fiscal year 2008. prisons. There is no debate about the quite true, these people have no place Infrastructure at existing Bureau of need, Mr. Chairman, but the question to go. We need this money best spent Prisons facilities is severely taxed by is, what about our own workers? The for our own workers. over-utilization, which causes mainte- TAA has been a responsible agency. That is not to say that Federal pris- nance problems, premature deteriora- The gentleman has supported it, and ons do not need to be built; but we need tion of physical plants. Of the Bureau we have all supported it, to help those to take care of our own workers first of Prisons’ 98 facilities, a third are over people who have been displaced as we that are being displaced by the trade 50 years old and over half are over 20 have exported our jobs all over the agreements, the plethora of trade years old. These facilities were not de- world, to countries that do not respect agreements that we see before us. signed to operate at this level. us and do not respect human rights. We know that this is an unfair trade Finally, reducing the new construc- Yet we stand here on the brink of an- agreement that is to be before us in a tion funds means there will be no addi- other debate on trade, a few of those few weeks. It destroys firms. It sends tional capacity for female inmates. dollars, a few of those dollars, to TAA. jobs overseas. I have witnessed that in The Bureau of Prisons female popu- Mr. WOLF. Mr. Chairman, will the my own district. By saving companies lation is expected to increase 50 per- gentleman yield? in peril, the TAA has created and saved cent by the end of fiscal year 2008, re- Mr. PASCRELL. I yield to the gen- jobs in communities around this coun- sulting in a critical shortage of bed tleman from Virginia. try. space for female inmates. Since 1994, Mr. WOLF. Mr. Chairman, we cannot There is nothing worse, Mr. Chair- only one facility has been added to pro- take it out of the prisons. The condi- man, than the displaced worker who vide female capacity, and that was ac- tions there, I agree, I will be with the H4094 CONGRESSIONAL RECORD — HOUSE July 17, 2001 gentleman tomorrow or the next day nology program; $35,000,000 for grants to up- to carry out part B (relating to Federal As- on not granting MFN or PNTR to grade criminal records, as authorized under sistance for State and Local Programs), sub- China, but I just do not think you can the Crime Identification Technology Act of part II of part C (relating to Special Empha- take it out of the prisons. The condi- 1998 (42 U.S.C. 14601); $40,000,000 for DNA test- sis Prevention and Treatment Programs), ing as authorized by the DNA Analysis Back- part D (relating to Gang-Free Schools and tions in the prisons are so difficult and log Elimination Act of 2000 (Public Law 106– Communities and Community-Based Gang so bad. 546); $35,000,000 for State and local DNA lab- Intervention), part E (relating to State Chal- b 2015 oratories as authorized by section 1001(a)(22) lenge Activities), and part G (relating to of the 1968 Act, and for improvements to Mentoring) of title II of the Juvenile Justice So that is the problem that I have State and local forensic laboratories’ general and Delinquency Prevention Act of 1974, and with the amendment. We just cannot science capacity and capability; and to carry out the At-Risk Children’s Program take it out of the prisons. $103,611,000 for grants, contracts and other under title V of that Act, not more than 10 Mr. PASCRELL. Mr. Chairman, re- assistance to States under section 102(b) of percent of each such amount may be used for claiming my time, this is 10 percent. the Crime Identification Technology Act of research, evaluation, and statistics activi- We are not talking about the prisoners, 1998 (42 U.S.C. 14601), of which $17,000,000 is ties designed to benefit the programs or ac- for the National Institute of Justice for tivities authorized under the appropriate we are talking basically about con- part or title, and not more than 2 percent of struction. This bill only talks about grants, contracts, and other agreements to develop school safety technologies and train- each such amount may be used for training construction. ing; and technical assistance activities designed Retaining and creating jobs, the (3) for prosecution assistance, $99,780,000 as to benefit the programs or activities author- TAA, has generated Federal and State follows: $49,780,000 for a national program to ized under that part or title. revenues, tax revenues, at a ratio of $12 reduce gun violence, and $50,000,000 for the In addition, for grants, contracts, coopera- for every dollar appropriated by this Southwest Border Prosecutor Initiative; tive agreements, and other assistance, $10,976,000 to remain available until ex- Congress. It has been a bipartisan pro- (4) for grants, training, technical assist- ance, and other expenses to support commu- pended, for developing, testing, and dem- gram. We know the errors of NAFTA as onstrating programs designed to reduce drug well as the other trade agreements. To nity crime prevention efforts, $46,864,000 as follows: $14,967,000 for Project Sentry; use among juveniles. In addition, for grants, contracts, coopera- me, the American worker and the $14,934,000 for an offender re-entry program; tive agreements, and other assistance au- American working family is more im- and $16,963,000 for a police integrity program; thorized by the Victims of Child Abuse Act portant, if I have to make a priority. and of 1990, as amended, $8,481,000, to remain Now, when we have all priorities, we (5) not to exceed $32,994,000 for program available until expended, as authorized by have no priority. management and administration. section 214B of the Act. All we are asking for is a few dollars JUVENILE JUSTICE PROGRAMS PUBLIC SAFETY OFFICERS BENEFITS in the TAA program, which the gen- For grants, contracts, cooperative agree- To remain available until expended, for tleman knows has worked and has been ments, and other assistance authorized by payments authorized by part L of title I of successful, to help the workers in the Juvenile Justice and Delinquency Pre- the Omnibus Crime Control and Safe Streets America that have been displaced by vention Act of 1974, as amended (‘‘the Act’’), Act of 1968 (42 U.S.C. 3796), as amended, such our trade agreements. including salaries and expenses in connec- sums as are necessary, as authorized by sec- Mr. Chairman, our manufacturers tion therewith to be transferred to and tion 6093 of Public Law 100–690 (102 Stat. merged with the appropriations for Justice 4339–4340); and $2,395,000, to remain available and fabricators and dye shops all over Assistance, $278,483,000, to remain available America ask for our support. Will we until expended for payments as authorized until expended, as authorized by section 299 by section 1201(b) of said Act. turn our backs on them? We have an of part I of title II and section 506 of title V GENERAL PROVISIONS—DEPARTMENT OF opportunity in this legislation with of the Act, as amended by Public Law 102– JUSTICE this amendment for a few dollars to 586, of which: (1) notwithstanding any other SEC. 101. In addition to amounts otherwise help those dislocated workers. Other- provision of law, $6,832,000 shall be available for expenses authorized by part A of title II made available in this title for official recep- wise, we will be into the empty words tion and representation expenses, a total of of the trade debate in a few weeks, and of the Act, $88,804,000 shall be available for expenses authorized by part B of title II of not to exceed $45,000 from funds appropriated what will we have accomplished? the Act, and $50,139,000 shall be available for to the Department of Justice in this title The CHAIRMAN. The question is on expenses authorized by part C of title II of shall be available to the Attorney General the amendment offered by the gen- the Act: Provided, That $26,442,000 of the for official reception and representation ex- tleman from New York (Mr. HINCHEY). amounts provided for part B of title II of the penses in accordance with distributions, pro- The question was taken; and the Act, as amended, is for the purpose of pro- cedures, and regulations established by the Chairman announced that the noes ap- viding additional formula grants under part Attorney General. SEC. 102. Authorities contained in the De- B to States that provide assurances to the peared to have it. partment of Justice Appropriation Author- Administrator that the State has in effect Mr. HINCHEY. Mr. Chairman, I de- ization Act, Fiscal Year 1980 (Public Law 96– (or will have in effect no later than 1 year mand a recorded vote. 132; 93 Stat. 1040 (1979)), as amended, shall re- after date of application) policies and pro- The CHAIRMAN. Pursuant to clause main in effect until the effective date of a grams that ensure that juveniles are subject subsequent Department of Justice Appro- 6 of rule XVIII, further proceedings on to accountability-based sanctions for every priation Authorization Act. the amendment offered by the gen- act for which they are adjudicated delin- SEC. 103. None of the funds appropriated by tleman from New York (Mr. HINCHEY) quent; (2) $11,974,000 shall be available for ex- this title shall be available to pay for an will be postponed. penses authorized by sections 281 and 282 of abortion, except where the life of the mother part D of title II of the Act for prevention The Clerk will read. would be endangered if the fetus were carried and treatment programs relating to juvenile The Clerk read as follows: to term, or in the case of rape: Provided, Of the amounts provided: gangs; (3) $9,978,000 shall be available for ex- That should this prohibition be declared un- (1) for Public Safety and Community Polic- penses authorized by section 285 of part E of constitutional by a court of competent juris- ing Grants pursuant to title I of the 1994 Act, title II of the Act; (4) $15,965,000 shall be diction, this section shall be null and void. $470,249,000 as follows: $330,000,000 for the hir- available for expenses authorized by part G ing of law enforcement officers, including of title II of the Act for juvenile mentoring AMENDMENT OFFERED BY MS. DE GETTE school resource officers; $20,662,000 for train- programs; and (5) $94,791,000 shall be avail- Ms. DEGETTE. Mr. Chairman, I offer ing and technical assistance; $25,444,000 for able for expenses authorized by title V of the an amendment. the matching grant program for Law En- Act for incentive grants for local delin- The Clerk read as follows: forcement Armor Vests pursuant to section quency prevention programs; of which Amendment offered by Ms. DEGETTE: 2501 of part Y of the Omnibus Crime Control $12,472,000 shall be for delinquency preven- Page 39, strike lines 18 through 24 (and and Safe Streets Act of 1968, as amended tion, control, and system improvement pro- make such technical and conforming (‘‘the 1968 Act’’); $31,315,000 to improve tribal grams for tribal youth; of which $14,967,000 changes as may be appropriate). law enforcement including equipment and shall be available for the Safe Schools Initia- Ms. DEGETTE. Mr. Chairman, the training; $48,393,000 for policing initiatives to tive including $5,033,000 for grants, contracts, amendment I am offering here tonight combat methamphetamine production and and other assistance under the Project Sen- is very straightforward. It removes the trafficking and to enhance policing initia- try Initiative; and of which $37,000,000 shall tives in ‘‘drug hot spots’’; and $14,435,000 for be available for grants, contracts and other language of the bill that prohibits the Police Corps education, training, and service assistance under the Project ChildSafe Ini- use of Federal funds for abortion serv- under sections 200101–200113 of the 1994 Act; tiative: Provided further, That of amounts ices for women in Federal prison. (2) for crime technology, $363,611,000 as fol- made available under the Juvenile Justice Unlike other American women who lows: $150,000,000 for a law enforcement tech- Programs of the Office of Justice Programs are denied Federal coverage of abortion July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4095 services, most women in prison are in- I vehemently disagree with all of seeks to correct one of these unjust re- digent. They have little access to out- these restrictions. I think they are strictions. side financial help, and they earn ex- wrong, and I think they are mean-spir- Women in Federal prisons should not tremely low wages in prison jobs. ited. But frankly, this restriction is be made to check all of their rights at They are also often incarcerated in the worst of all, and here is why: it tar- the door. Women have a constitutional prisons that are far away from their gets the people who have the fewest re- right to choose, which should not be support system of family and friends sources and the least number of op- denied even if they are incarcerated. and, as a result, inmates in the Federal tions. It effectively denies these Facing an unintended pregnancy is a Prison System are completely depend- women their fundamental right to tough situation for any woman, but a ent on the Bureau of Prisons for all choose. It is not just coercive, it is woman in prison is faced with very few their needs, including food, shelter, downright inhumane. choices. These women will have very clothing, and all on their aspects of Now, let me talk for a moment about limited prenatal care. Some women in their medical care. These women are the types of women in the Federal Pris- prison will choose to carry the preg- not able to work at jobs that would en- on System. Many are victims of phys- nancy to term, and I support this able them to pay for medical services, ical and sexual abuse. That is how they choice. But without the right to including abortion services, and most got pregnant, oftentimes. Two-thirds of choose, their only option is to go of them do not have the support of the women who are incarcerated are in- through childbirth while incarcerated, families to pay for those services. carcerated for nonviolent drug of- and then to give their child up. The overwhelming majority of fenses. Many of them are HIV-infected, Mr. Chairman, I urge my colleagues women in Federal prisons work on the and many of them have full-blown to support this amendment which re- general pay scale and earn from 12 AIDS. Congress thinks that it is in our moves the ban on the use of Federal cents to 40 cents an hour, which equals country’s best interest to force moth- funds for abortion services for women roughly $5 to $16 a week. Let me repeat erhood on these women? It is simply in Federal prisons. These women have that. The average woman inmate in not our place to make this decision. little or no access to outside financial prison earns $5 to $16 per week. The av- Mr. Chairman, what will happen to or even family assistance and earn ex- erage cost of an early outpatient abor- these children? What will happen to tremely low wages from prison jobs. tion ranges from $200 to $400, and it the children of mothers who have un- Women in prison deserve the same goes up from there. wanted babies in prison? Frankly, I choices they would receive for any Even if a woman in the Federal Pris- think this is the worst kind of govern- other medical condition. We need eq- on System earned the maximum wage ment intrusion into the most personal uity in reproduction services. on the general pay scale and worked 40 of decisions. I wholeheartedly support The ban on abortion assistance de- hours a week, which many prisoners the right of women in prison to bring nies them of their constitutional are not able to do, she would not earn their pregnancy to term if they so rights. Women in prison must not be enough in 12 weeks to pay for an abor- choose. They, not me, not anyone here, denied their right to choose when these tion in the first trimester if she so should make that decision for them. prisons cannot guarantee a safe deliv- chose, and, of course, after that, the I want to make it perfectly clear ery or treatment while pregnant. The cost and risks of an abortion go up dra- what this amendment is really about. right to choose is meaningless without matically. It is about forcing some women, the access to choose. Mr. Chairman, I urge a ‘‘yes’’ vote on So, the woman in prison is caught in against their will, to bear a child in the DeGette amendment. a vicious cycle. Even if she saved her prison, when that child will be shortly Ms. WOOLSEY. Mr. Chairman, I entire income, every single penny, she taken away from them at birth, and move to strike the requisite number of could never afford an abortion on her then, to have that child raised heaven words. own. Therefore, women in prison do not knows where. It is cruel and it is unfair Mr. Chairman, I rise in strong sup- have any choice at all. to force them to go through this preg- port of the DeGette amendment. Congress’s continued denial of cov- nancy and, therefore, I urge my col- For women in prison, this amend- erage of abortion services for Federal leagues to vote for the DeGette amend- ment projects their constitutional inmates has effectively shut down the ment. right to reproductive services, includ- only avenue these women have to pur- Mr. WOLF. Mr. Chairman, I rise in ing abortion. Without this amendment, sue their constitutional right to opposition to the gentlewoman’s women in prison are denied the right to choose. amendment. health care benefits that every other Let me remind my colleagues, for the The provision in the bill the amend- woman has available to them. We are last 28 years, women in America have ment seeks to strike does only one not saying women in prison cannot had a constitutional right to choose thing: it prohibits Federal tax dollars choose to have a child, we are simply abortion as a reproductive choice. This from paying for abortions for Federal saying they have a right to choose not right does not disappear when a woman prison inmates, except in the case of to have a child. walks through the prison doors. The rape or the life of the mother. Once again, the anti-choice move- consequence of the Federal funding ban This is a very longstanding provision, ment is targeting their efforts on is that inmates who have no inde- one that has been carried in 12 of the women who have limited options. Most pendent financial means, which is most last 13 Commerce, State, Justice, and women in prison have few resources of them, are foreclosed from their con- Judiciary appropriation bills. The and little outside support. Denying stitutional choice of an abortion in vio- House has consistently, year after abortion coverage to women in Federal lation of their rights under the Con- year, rejected this amendment. Last prisons is just another direct assault stitution. year, this very amendment was re- on the right of all women to have re- With the absence of funding by the jected by a vote of 254 to 156. Time and productive choice. very institution prisoners depend on again the Congress has debated this Mr. Chairman, it is time to honor the for the rest of their health services, issue of whether Federal tax dollars Supreme Court decision in Roe v. Wade many pregnant women prisoners are, in should be used for abortion, and the an- and acknowledge that every woman fact, forced to carry unwanted preg- swer has been no. has a right to have access to safe, reli- nancies to term. Motherhood is man- Mr. Chairman, I urge the rejection of able abortion services. We must stop dated for them. the gentlewoman’s amendment. these piecemeal attempts to roll back I think it is important to point out Mrs. MALONEY of New York. Mr. women’s reproductive freedom and we that the anti-choice movement in Con- Chairman, I move to strike the last must provide the education and the re- gress has denied coverage for abortion word. sources needed to prevent unwanted services to women in the military, de- Mr. Chairman, I rise in strong sup- pregnancies. nied coverage for women who work for port of the DeGette amendment. In re- the government, for poor people, and cent years, a woman’s access to abor- b 2030 for all women insured by the Federal tion has been restricted bill by bill, Mr. Chairman, I ask my colleagues, Employees Health Benefits Plan. vote by vote. The DeGette amendment vote for the DeGette amendment and H4096 CONGRESSIONAL RECORD — HOUSE July 17, 2001 protect a woman’s right to reproduc- It is my belief that freedom of access must women in prison. Women in prison, who are tive choice. be unconditionally kept intact. perhaps the least likely to be able to object. Mr. MORAN of Virginia. Mr. Chair- Therefore, I strongly urge my colleagues to Well watch out America. After they have de- man, I move to strike the requisite protect this constitutional right for women in nied reproductive health services to all women number of words. America and vote ‘yes’ on the DeGette in prison, all federal employees, all women in Mr. Chairman, this is not a common amendment. the armed forces, and all women on public as- occurrence, but it does happen. When it Mr. NADLER. Mr. Chairman, I rise to sup- sistance, then they will once again try to ban happens, it is under tragic cir- port the DeGette Amendment to strike the ban all abortions in the United States. And they cumstances. For this Congress to pre- on abortion funding for women in federal pris- won’t stop there, we know that many anti- vent a woman from being able to make on. This ban is cruel, unnecessary, and un- choice forces want to eliminate contraceptives reasonable choices that influence the warranted. as well. It is a slippery slope that denies the rest of her life is just unconscionable. Mr. Chairman, a woman’s sentence should realities of today, punishes women, and Women do get arrested and are incar- not include forcing her to carry a pregnancy to threatens their health and safety. This radical cerated while pregnant. Some women term. Most women in prison are poor, have lit- agenda must be stopped now. are impregnated by guards. For what- tle or no access to outside financial help, and I urge my colleagues to support the DeGette ever reason, some women find them- earn extremely low wages from prison jobs. amendment. selves in untenable positions in prison. Inmates in general work 40 hours a week and Ms. JACKSON-LEE of Texas. Mr. Speaker, To deny them the constitutional rights earn between 12 to 40 cents per hour. They as an advocate for Women’s Choice I strongly that women fortunately have in the totally depend on the health services they re- support Representative DEGETTE’s amend- United States because they are impris- ceive from their institutions. Most female pris- ment. Representative DEGETTE’s amendment oned is wrong. For us to be the vehicle oners are unable to finance their own abor- will strike the language in the Commerce Jus- that denies those rights is unconscion- tions, and, therefore, are in effect denied their tice State Appropriations bill which would pro- able. constitutional right to an abortion. hibit federal funds from being used for abor- Think of the child that is born into a Earning the maximum rate of wages, a fe- tions in prison. situation where its mother is incarcer- male prisoner would need to work 40 hours a Abortion is a legal health care option for ated in prison. Children need to be born 1 week for 12 and ⁄2 weeks just to be able to American women, and has been for over 20 into a loving, nurturing, wanted situa- afford the lowest cost of a first trimester abor- years. Because Federal prisoners are totally tion. What could be worse than to be tion ($200), but by that time she is no longer dependent on health care services provided forced to give birth to a child that in the first trimester and, therefore, the cost of by the Bureau of Prisons, the ban, in effect might be the result of a rape in prison the abortion would be higher. So she would will prevent these women from seeking the that would be a child that one could need to work even more to pay for the higher needed reproductive health care that should not care for, that one could not raise in cost and more dangerous abortion. However, be every women’s right—the right to choose the way all of us were raised? she will never make enough money in prison an abortion. The woman deserves the right to to pay for a timely, safe abortion even if she We know that most women who enter pris- choose. She should not be denied that. saves every penny she earns from the mo- on are poor. Many of them are victims of This amendment should be supported. ment of conception. Why? Because the cost of physical and sexual abuse, and some of them Ms. LEE. Mr. Chairman, I rise in strong sup- later and later term abortions (from $200 to are pregnant before entering prison. An un- port of the DeGette amendment, which would $700 to $1200) increases faster than her abil- wanted pregnancy is a difficult issue in even strike language banning the use of Federal ity to earn money. So the legislation essen- the most supportive environs. However, limited funds for abortion services for women in Fed- tially bans abortion services for women in pris- prenatal care, isolation from family and friends eral prisons. on. and the certain custody loss of the infant upon Since women in prison are completely de- Remember, many women prisoners are vic- birth present circumstances which only serve pendent on the Federal Bureau of Prisons for tims of physical or sexual abuse and are preg- to worsen an already very dire situation. all of their health care services, the ban on the nant before entering prison. In addition, they In 1993, Congress lifted the funding restric- use of Federal funds is a cruel policy that will almost certainly be forced to give up their tions that since 1987 had prohibited the use of traps women by denying them access to re- children at birth. Why should we add to their federal funds to provide abortion services to productive care. anguish by denying them access to reproduc- women in federal prisons except during in- Abortion is a legal option for women in tive services? stances of rape and life endangerment. America. The ban for women in Federal pris- Even worse, prison health services are inad- Women who seek abortions in prison must re- ons is unconstitutional because freedom of equate for pregnant women. A 1999 report by ceive medical religious and/or social coun- choice is a right that has been protected under Amnesty International USA revealed that gyn- seling sessions for women seeking abortion. our Constitution for more than 25 years. Furthermore, the great majority of women ecological services for women in prisons are There must be written documentation of these who enter our Federal prison system are im- inadequate and of poor quality. So, not only counseling sessions, and any staff member poverished and often isolated from family, are we forcing women to carry pregnancies to who morally or religiously objects to abortion friends, and resources. term, but we are forcing them to do so in an need not participate in the prisoner’s decision We are dealing with very complex histories environment where medical conditions are no- making process. that often tragically include drug abuse, home- toriously bad. We, therefore, increase the risk There was a 75 percent growth in the num- lessness, HIV/AIDS and physical and sexual of late-term miscarriages and other potentially ber of women in Federal prisons over the last abuse. life threatening complications. That is dan- decade. Currently, the growth rate for women To deny basic reproductive choice would gerous and unnecessary. is twice that of men in prison. Yet, the rate of only make worse the crisis faced by the Furthermore, we ought to keep this debate infection for HIV and AIDs in women exceeds women and the Federal prison system. in perspective. This ban on abortions does not the rate of infection for men in prison, and The ban on the use of Federal funds is a stop thousands of abortions from taking place, pregnant women are of course at risk of pass- deliberate attack by the antichoice movement rather it places an unconstitutional burden on ing on this disease to their unborn children. to ultimately derail all reproductive options. a few women facing a difficult situation. Statis- This ban on federal funds for women in pris- Limiting choice for incarcerated women puts tics show that there are approximately 10,448 on is another direct assault on the right to other populations at great risk. This dangerous women in federal prison, that only 4 had abor- choose. This ban is just one more step in the slippery slope erodes the right to choose little tions in FY 1998 and only 2 had abortions in long line of rollbacks on women’s reproductive by little. FY 1999. There were only 56 births in FY freedoms. We must stop this assault on repro- We are denying these women the right to 1998, and 24 births in FY 1999. So this is a ductive rights. health care benefits that every other woman very small group of people. The CHAIRMAN. The question is on has readily available to them. I know full well that the authors of this ban the amendment offered by the gentle- Women in prison receive limited prenatal would take away the right to choose from all woman from Colorado (Ms. DEGETTE). care, have limited resources, and must endure American women if they could, but since they The question was taken; and the the fear of losing custody of their infant upon are prevented from doing so by the Supreme Chairman announced that the noes ap- birth. These circumstances make it an ex- Court (and the popular will of the American peared to have it. tremely difficult situation for pregnant pris- people who overwhelmingly support choice) Ms. DEGETTE. Mr. Chairman, I de- oners. they have instead targeted their restrictions on mand a recorded vote. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4097 . 1. Pro forma amendments offered by partments of Commerce, Justice, and The CHAIRMAN. Pursuant to clause the chairman or ranking minority State, the Judiciary, and related agen- 6 of rule XVIII, further proceedings on member of the Committee on Appro- cies for the fiscal year ending Sep- the amendment offered by the gentle- priations or their designees for the pur- tember 30, 2002, and for other purposes, woman from Colorado (Ms. DEGETTE) pose of debate; and amendments print- with Mr. HASTINGS of Washington in will be postponed. ed in the portion of the CONGRESSIONAL the chair. Mr. OBEY. Mr. Chairman, I move to RECORD of the legislative day, July 17, The Clerk read the title of the bill. strike the last word. 2001 or any RECORD before that date, The CHAIRMAN. When the Com- Mr. Chairman, I do so to engage in a designated for the purpose specified in mittee of the Whole rose earlier today, friendly filibuster on behalf of the clause 8 of rule XVIII, which may be of- the bill was open for amendment from House, because what we are trying to fered only by the Member who caused page 39, line 18, through page 39, line do is to bring to the House floor a it to be printed or his designee; shall be 24. unanimous consent agreement so that considered as read; shall not be subject SEQUENTIAL VOTES POSTPONED IN COMMITTEE Members will understand what the in- to amendment, except pro forma OF THE WHOLE tention is in terms of proceeding for amendments for the purpose of debate; The CHAIRMAN. Pursuant to clause the rest of the evening. and shall not be subject to a demand 6 of rule XVIII, proceedings will now The staff is in the process of writing for a division of the question in the resume on those amendments on which the changes to that agreement right House or the Committee of the Whole; further proceedings were postponed in now, so to prevent this from getting And the following order: The amendment into another protracted debate on an- 2. The Clerk shall be authorized to offered by the gentleman from Okla- other amendment this evening, I am print in the portion of the CONGRES- homa (Mr. LUCAS); amendment No. 2 simply taking this time in the hopes SIONAL RECORD of the legislative day offered by the gentleman from New that by the time I sit down, we will July 17, 2001 designated for that pur- York (Mr. HINCHEY); the amendment have the required paperwork so the pose in clause 8 of rule XVIII all offered by the gentlewoman from Colo- Committee can proceed. amendments to H.R. 2500 that are at rado (Ms. DEGETTE). I am looking around with great ex- the desk and not already printed by the The Chair will reduce to 5 minutes pectation, hoping that the staff in fact close of this legislative day. the time for any electronic vote after has the paperwork ready, but I think The SPEAKER pro tempore. Is there the first vote in this series. they have all fled to the cloakrooms. objection to the request of the gen- AMENDMENT OFFERED BY MR. LUCAS OF Mr. SERRANO. Mr. Chairman, will tleman from Virginia? OKLAHOMA the gentleman yield? Mr. SERRANO. Mr. Speaker, reserv- The CHAIRMAN. The pending busi- Mr. OBEY. I yield to the gentleman ing the right to object, I will not ob- ness is the demand for a recorded vote from New York. ject, but I just want to clarify some- on the amendment offered by the gen- Mr. SERRANO. Mr. Chairman, I just thing from the chairman. tleman from Oklahoma (Mr. LUCAS) on wanted to tell the gentleman that as It is clear to the gentleman from which further proceedings were post- he was pondering where everything Wisconsin (Mr. OBEY), the ranking poned and on which the noes prevailed was, the paper was reaching the gen- member and I the content of the unani- by voice vote. tleman. I think he is a much happier mous consent. However, I want to The Clerk will designate the amend- man now. make clear that there is an under- ment. Mr. OBEY. Mr. Chairman, I am happy standing that whatever discussions will The Clerk designated the amend- we do not have to ask the Sergeant to take place on limitation on times are ment. bring in the absent staff. in no way referred to in this unani- RECORDED VOTE If the gentleman is ready to proceed, mous consent. The CHAIRMAN. A recorded vote has I am happy to yield back my time so Mr. WOLF. Mr. Speaker, will the gen- been demanded. that he can propound the unanimous tleman yield? A recorded vote was ordered. consent request. Mr. SERRANO. I yield to the gen- The vote was taken by electronic de- Mr. WOLF. Mr. Chairman, I move tleman from Virginia. vice, and there were—ayes 187, noes 227, that the Committee do now rise. Mr. WOLF. Mr. Speaker, I would tell not voting 19, as follows: The motion was agreed to. the gentleman, that is correct. Accordingly, the Committee rose; Mr. SERRANO. That may or may not [Roll No. 233] and the Speaker pro tempore (Mr. REY- be a discussion later on in this process. AYES—187 NOLDS) having assumed the chair, Mr. Mr. WOLF. That is correct. Aderholt Davis (CA) Hilleary HASTINGS of Washington, Chairman of Mr. SERRANO. Mr. Speaker, I with- Andrews Davis (FL) Hilliard the Committee of the Whole House on Baca Davis, Jo Ann Hinchey draw my reservation of objection. Baird Deal Holden the State of the Union, reported that The SPEAKER pro tempore. Is there Baldacci DeFazio Hooley that Committee, having had under con- objection to the request of the gen- Barcia DeGette Hostettler sideration the bill (H.R. 2500), making Barrett Dicks Hulshof tleman from Virginia? Barton Doggett Hutchinson appropriations for the Departments of There was no objection. Becerra Dooley Inslee Commerce, Justice, and State, the Ju- f Bentsen Doolittle Israel diciary, and related agencies for the Berkley Duncan Istook fiscal year ending September 30, 2002, DEPARTMENTS OF COMMERCE, Berry Dunn Jefferson JUSTICE, AND STATE, THE JUDI- Blagojevich Edwards John and for other purposes, had come to no Blumenauer Emerson Johnson (CT) resolution thereon. CIARY, AND RELATED AGENCIES Bonior Etheridge Johnson (IL) APPROPRIATIONS ACT, 2002 Bono Evans Kelly f The SPEAKER pro tempore. Pursu- Boswell Fattah Kennedy (MN) LIMITING AMENDMENTS DURING Boyd Filner Kerns ant to House Resolution 192 and rule FURTHER CONSIDERATION OF Brady (PA) Foley Kind (WI) XVIII, the Chair declares the House in Brown (SC) Ford LaFalce H.R. 2500, DEPARTMENTS OF the Committee of the Whole House on Bryant Gallegly Lampson COMMERCE, JUSTICE, AND Burr Goodlatte Langevin the State of the Union for the further STATE, THE JUDICIARY, AND RE- Camp Gordon Largent consideration of the bill, H.R. 2500. Capito Graves Larsen (WA) LATED AGENCIES APPROPRIA- Carson (OK) Green (WI) Lee TIONS ACT, 2002 b 2037 Chabot Gutierrez Lewis (GA) Clay Gutknecht Lewis (KY) Mr. WOLF. Mr. Speaker, I ask unani- IN THE COMMITTEE OF THE WHOLE Clayton Hansen LoBiondo mous consent that during further con- Accordingly, the House resolved Clement Harman Lucas (OK) sideration of H.R. 2500 in the Com- itself into the Committee of the Whole Coble Hart Luther Condit Hastings (WA) Maloney (CT) mittee of the Whole, pursuant to House House on the State of the Union for the Costello Hayworth Maloney (NY) Resolution 192, no further amendment further consideration of the bill (H.R. Cummings Hefley Manzullo to the bill may be offered except 2500) making appropriations for the De- Cunningham Hill Matheson H4098 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Matsui Quinn Strickland Tancredo Visclosky Wexler Hill Markey Rahall McCarthy (MO) Radanovich Stupak Tauzin Vitter Whitfield Hilliard Mascara Rangel McCarthy (NY) Rahall Sununu Taylor (NC) Walsh Wolf Hinchey Matsui Rivers McDermott Ramstad Tanner Tiahrt Waters Wu Hinojosa McCarthy (MO) Rodriguez McInnis Rehberg Tauscher Tiberi Watt (NC) Wynn Hoeffel McCarthy (NY) Rothman McIntyre Reynolds Taylor (MS) Tierney Waxman Young (AK) Holden McCollum Rush McKinney Rivers Terry Towns Weiner Young (FL) Holt McGovern Sabo McNulty Rodriguez Thomas Traficant Weldon (FL) Honda McIntyre Sanders Meehan Roemer Thompson (CA) Udall (CO) Weldon (PA) Hoyer McKinney Sawyer Thompson (MS) Schakowsky Meeks (NY) Rogers (MI) NOT VOTING—19 Hulshof McNulty Mica Ross Thornberry Jackson (IL) Meehan Scott Miller, Gary Rush Thune Ballenger Delahunt Riley Jackson-Lee Meek (FL) Shaw Miller, George Ryun (KS) Thurman Bishop Ehrlich Rogers (KY) (TX) Menendez Sherman Mink Sabo Toomey Blunt Gephardt Shaw Jefferson Millender- Slaughter Moore Sanchez Turner Boehner McHugh Sherwood Johnson, E. B. McDonald Smith (NJ) Moran (KS) Sanders Udall (NM) Callahan Myrick Spence Jones (OH) Miller, George Solis Nethercutt Sandlin Upton Cannon Neal Kanjorski Mink Stark Ney Sawyer Velazquez Chambliss Reyes Kaptur Moore Strickland Norwood Saxton Walden Kildee Moran (KS) Stupak Osborne Schaffer Wamp b 2102 Kilpatrick Murtha Tanner Watkins (OK) Thompson (MS) Ose Sensenbrenner Messrs. HUNTER, DEUTSCH, Kind (WI) Nadler Pascrell Sessions Watson (CA) Kleczka Napolitano Thune Peterson (PA) Shows Watts (OK) MCKEON, DAVIS of Illinois, JACKSON Kucinich Neal Tierney Pickering Slaughter Weller of Illinois, NADLER, KINGSTON, LaFalce Ney Towns Platts Smith (WA) Wicker WAXMAN, KLECZKA, Ms. MCCOLLUM Lampson Oberstar Udall (CO) Wilson Udall (NM) Pombo Solis and Mrs. NAPOLITANO changed their Langevin Obey Pomeroy Souder Woolsey Lantos Olver Velazquez Price (NC) Stark vote from ‘‘aye’’ to ‘‘no.’’ Larson (CT) Ortiz Waters Putnam Stearns Messrs. RADANOVICH, PRICE of LaTourette Owens Watson (CA) North Carolina, KERRY, SAXTON, Lee Pallone Watt (NC) NOES—227 WICKER, Mrs. MALONEY of New Lewis (GA) Pascrell Waxman Lipinski Pastor Weiner Abercrombie Ganske McCollum York, Ms. MCKINNEY and Ms. HAR- Weldon (PA) LoBiondo Paul Ackerman Gekas McCrery Wexler MAN changed their vote from ‘‘no’’ to Lofgren Payne Akin Gibbons McGovern Whitfield ‘‘aye.’’ Lowey Pelosi Allen Gilchrest McKeon Wilson Luther Peterson (MN) Armey Gillmor Meek (FL) So the amendment was rejected. Woolsey Maloney (CT) Peterson (PA) Bachus Gilman Menendez The result of the vote was announced Wynn Baker Gonzalez Millender- as above recorded. Maloney (NY) Pomeroy Baldwin Goode McDonald Barr Goss Miller (FL) ANNOUNCEMENT BY THE CHAIRMAN NOES—244 Bartlett Graham Mollohan The CHAIRMAN. Pursuant to clause Aderholt Doolittle Keller Bass Granger Moran (VA) 6 of rule XVIII, the Chair announces Akin Dreier Kelly Bereuter Green (TX) Morella that he will reduce to a minimum of 5 Armey Duncan Kennedy (MN) Berman Greenwood Murtha minutes the period of time within Bachus Dunn Kennedy (RI) Biggert Grucci Nadler Baird Edwards Kerns Bilirakis Hall (OH) Napolitano which a vote by electronic device will Baker Ehlers King (NY) Boehlert Hall (TX) Northup be taken on each amendment on which Barcia Etheridge Kingston Bonilla Hastings (FL) Nussle the Chair has postponed further pro- Barr Everett Kirk Borski Hayes Oberstar ceedings. Bartlett Flake Knollenberg Boucher Herger Obey Barton Fletcher Kolbe Brady (TX) Hinojosa Olver AMENDMENT NO. 2 OFFERED BY MR. HINCHEY Bass Foley LaHood Brown (FL) Hobson Ortiz The CHAIRMAN. The pending busi- Bereuter Forbes Largent Brown (OH) Hoeffel Otter ness is the demand for a recorded vote Berry Fossella Larsen (WA) Burton Hoekstra Owens Biggert Frelinghuysen Latham Buyer Holt Oxley on the amendment offered by the gen- Bilirakis Gallegly Leach Calvert Honda Pallone tleman from New York (Mr. HINCHEY) Bonilla Ganske Levin Cantor Horn Pastor on which further proceedings were Bono Gekas Lewis (CA) Capps Houghton Paul postponed and on which the noes pre- Borski Gibbons Lewis (KY) Capuano Hoyer Payne Boswell Gilchrest Linder Cardin Hunter Pelosi vailed by voice vote. Boyd Gillmor Lucas (KY) Carson (IN) Hyde Pence The Clerk will redesignate the Brady (TX) Goodlatte Lucas (OK) Castle Isakson Peterson (MN) amendment. Brown (SC) Goss Manzullo Clyburn Issa Petri The Clerk redesignated the amend- Bryant Graham Matheson Collins Jackson (IL) Phelps ment. Burr Granger McCrery Combest Jackson-Lee Pitts Burton Green (TX) McInnis Conyers (TX) Portman RECORDED VOTE Buyer Green (WI) McKeon Cooksey Jenkins Pryce (OH) The CHAIRMAN. A recorded vote has Callahan Greenwood Mica Cox Johnson, E. B. Rangel Calvert Gutknecht Miller (FL) Coyne Johnson, Sam Regula been demanded. A recorded vote was ordered. Camp Hall (OH) Miller, Gary Cramer Jones (NC) Rohrabacher Cannon Hall (TX) Mollohan Crane Jones (OH) Ros-Lehtinen The CHAIRMAN. This will be a 5- Cantor Hansen Moran (VA) Crenshaw Kanjorski Rothman minute vote. Cardin Harman Morella Crowley Kaptur Roukema The vote was taken by electronic de- Castle Hastings (WA) Nethercutt Cubin Keller Roybal-Allard vice, and there were—ayes 172, noes 244, Chabot Hayes Northup Culberson Kennedy (RI) Royce Clement Hayworth Norwood Davis (IL) Kildee Ryan (WI) not voting 17, as follows: Coble Hefley Nussle Davis, Tom Kilpatrick Scarborough [Roll No. 234] Collins Herger Osborne DeLauro King (NY) Schakowsky AYES—172 Combest Hilleary Ose DeLay Kingston Schiff Condit Hobson Otter DeMint Kirk Schrock Abercrombie Capps Engel Cooksey Hoekstra Oxley Deutsch Kleczka Scott Ackerman Capuano English Cox Hooley Pence Diaz-Balart Knollenberg Serrano Allen Carson (IN) Eshoo Cramer Horn Petri Dingell Kolbe Shadegg Andrews Carson (OK) Evans Crane Hostettler Phelps Doyle Kucinich Shays Baca Clay Farr Crenshaw Houghton Pickering Dreier LaHood Sherman Baldacci Clayton Fattah Cubin Hunter Pitts Ehlers Lantos Shimkus Baldwin Clyburn Ferguson Culberson Hutchinson Platts Engel Larson (CT) Shuster Barrett Conyers Filner Cunningham Hyde Pombo English Latham Simmons Becerra Costello Ford Davis (FL) Inslee Portman Eshoo LaTourette Simpson Bentsen Coyne Frank Davis, Jo Ann Isakson Price (NC) Everett Leach Skeen Berkley Crowley Frost Davis, Tom Israel Pryce (OH) Farr Levin Skelton Berman Cummings Gilman Deal Issa Putnam Ferguson Lewis (CA) Smith (MI) Blagojevich Davis (CA) Gonzalez DeLay Istook Quinn Flake Linder Smith (NJ) Blumenauer Davis (IL) Goode DeMint Jenkins Radanovich Fletcher Lipinski Smith (TX) Boehlert DeFazio Gordon Deutsch John Ramstad Forbes Lofgren Snyder Bonior DeGette Graves Diaz-Balart Johnson (CT) Regula Fossella Lowey Spratt Brady (PA) DeLauro Grucci Dicks Johnson (IL) Rehberg Frank Lucas (KY) Stenholm Brown (FL) Dingell Gutierrez Doggett Johnson, Sam Reynolds Frelinghuysen Markey Stump Brown (OH) Doyle Hart Dooley Jones (NC) Roemer Frost Mascara Sweeney Capito Emerson Hastings (FL) July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4099 Rogers (KY) Shuster Thornberry in this bill tomorrow are ones that will RECORDED VOTE Rogers (MI) Simmons Thurman Rohrabacher Simpson Tiahrt have been printed up to and including The CHAIRMAN. A recorded vote has Ros-Lehtinen Skeen Tiberi today. By the time we get to the con- been demanded. Ross Skelton Toomey sideration of this bill again tomorrow, A recorded vote was ordered. Roukema Smith (MI) Traficant hopefully soon rather than late, we ex- The CHAIRMAN. This will be a 15- Roybal-Allard Smith (TX) Turner Royce Smith (WA) Upton pect to have a unanimous-consent pro- minute vote. Ryan (WI) Snyder Visclosky posal to offer that would place realistic The vote was taken by electronic de- Ryun (KS) Souder Vitter time limits on those amendments and vice, and there were—ayes 169, noes 253, Sanchez Spratt Walden Saxton Stearns Walsh hopefully expedite our business so that not voting 11, as follows: Scarborough Stenholm Wamp we can leave at a reasonable hour to- [Roll No. 235] Schaffer Stump Watkins (OK) morrow evening. AYES—169 Schiff Sununu Watts (OK) That pretty much sums up where we Schrock Sweeney Weldon (FL) Abercrombie Gonzalez Mink Sensenbrenner Tancredo Weller are on the schedule. A lot of it will de- Ackerman Gordon Moran (VA) Serrano Tauscher Wicker pend on that unanimous-consent agree- Allen Green (TX) Morella Sessions Tauzin Wolf ment that we will propound tomorrow. Andrews Greenwood Nadler Shadegg Taylor (MS) Wu Baca Gutierrez Napolitano Shays Taylor (NC) Young (AK) Mr. OBEY. Mr. Chairman, will the Baird Harman Olver Sherwood Terry Young (FL) gentleman yield? Baldacci Hastings (FL) Owens Shimkus Thomas Mr. ARMEY. I yield to the gentleman Baldwin Hilliard Pallone Shows Thompson (CA) Barrett Hinchey Pastor from Wisconsin. Bass Hinojosa Payne NOT VOTING—17 Mr. OBEY. Mr. Chairman, I thank Becerra Hoeffel Pelosi Ballenger Delahunt Myrick the gentleman for yielding. I would Bentsen Holt Price (NC) Bishop Ehrlich Reyes just like to emphasize two things: as Berkley Honda Rangel Blunt Gephardt Riley Berman Hooley Rivers Boehner McDermott Sandlin the gentleman from Florida indicated, Biggert Horn Rodriguez Boucher McHugh Spence if Members want to have their amend- Blagojevich Houghton Rothman Chambliss Meeks (NY) ments considered, those amendments Blumenauer Inslee Roukema Boehlert Israel Roybal-Allard b 2113 need to be filed tonight. If Members Boswell Jackson (IL) Rush have already submitted those amend- Boucher Jackson-Lee Sabo Mr. KIRK changed his vote from ments to the Clerk, then the Clerk will Brady (PA) (TX) Sanchez ‘‘aye’’ to ‘‘no.’’ Brown (FL) Jefferson Sanders see to it that they are printed. But Messrs. ENGLISH, BECERRA, Brown (OH) Johnson (CT) Sandlin Members need to know that if they HULSHOF and BACA changed their Capps Johnson, E. B. Sawyer want consideration of amendments, Capuano Jones (OH) Schakowsky vote from ‘‘no’’ to ‘‘aye.’’ they need to be filed tonight. Cardin Kelly Schiff So the amendment was rejected. Carson (IN) Kennedy (RI) Scott I would also ask another favor of The result of the vote was announced Clay Kilpatrick Serrano Members. We, on several occasions Clayton Kind (WI) Shays as above recorded. now, have had the bill read past the Clyburn Kirk Sherman (Mr. ARMEY asked and was given Condit Lantos Simmons point where Members were eligible to permission to speak out of order.) Conyers Larsen (WA) Slaughter offer their amendments. If Members Coyne Larson (CT) Smith (WA) LEGISLATIVE PROGRAM have amendments that they intend to Cummings Lee Solis Mr. ARMEY. Mr. Chairman, in just a have offered, they need to be on the Davis (CA) Levin Spratt minute I will yield time to the distin- Davis (FL) Lewis (GA) Stark floor when we reach that point in the Davis (IL) Lofgren Strickland guished chairman of the Committee on bill for consideration of their amend- DeFazio Lowey Tanner Appropriations to complete this an- ments, because there is no intention on DeGette Luther Tauscher nouncement, but for the moment let either side of the aisle to go back into DeLauro Maloney (CT) Thomas me say, Mr. Chairman, that after this Deutsch Maloney (NY) Thompson (CA) the bill to make an opportunity for Dicks Markey Thompson (MS) next vote there will be no further busi- amendments to be offered if Members Dingell Matheson Thurman ness in the House tonight. have not been here at the proper time Doggett Matsui Tierney Dooley McCarthy (MO) Towns b 2115 to offer their amendments. Engel McCarthy (NY) Udall (CO) I should say, Mr. Chairman, if I may, We will, as the gentleman indicates, Eshoo McCollum Velazquez try to take all the amendments that Evans McDermott Visclosky we will begin in the morning with the Farr McGovern Waters rule for the faith-based initiative. We we know of and put them in reasonable Fattah McKinney Watson (CA) will complete the work on the faith- order with a reasonable time limit. We Filner Meehan Watt (NC) Ford Meek (FL) Waxman based initiative, after which we will re- need the cooperation of every Member to do that. Frank Meeks (NY) Weiner turn to work on the existing Com- Frelinghuysen Menendez Wexler merce-Justice-State appropriations Mr. ARMEY. Mr. Chairman, if I could Frost Millender- Woolsey just make one final comment. The pro- Gilchrest McDonald Wu with the goal of finishing the bill to- Gilman Miller, George Wynn morrow night. gram is clearly announced. All Mem- While that may sound foreboding to bers who will have amendments can ex- NOES—253 some people, I believe the distin- pedite the proceedings on the remain- Aderholt Calvert Deal guished chairman of the Committee on der of this bill if they will work with Akin Camp DeLay the chairman and the ranking member Armey Cannon DeMint Appropriations can share with us in- Bachus Cantor Diaz-Balart sight that will help us to understand to work out those time arrangements. Baker Capito Doolittle that even tomorrow night I think the I am confident that we will have a pro- Barcia Carson (OK) Doyle ductive and happy conclusion of this Barr Castle Dreier committee will have been able to work Bartlett Chabot Duncan this out to where we will be able to re- bill tomorrow evening. I thank the Barton Chambliss Dunn tire from our work tomorrow evening Members for their time. Bereuter Clement Edwards AMENDMENT OFFERED BY MS. DEGETTE Berry Coble Ehlers at a decent hour. Bilirakis Collins Ehrlich I yield to the gentleman from Florida The CHAIRMAN. The pending busi- Boehner Combest Emerson (Mr. YOUNG). ness is the demand for a recorded vote Bonilla Cooksey English Mr. YOUNG of Florida. Mr. Chair- on the amendment offered by the gen- Bonior Costello Etheridge Bono Cox Everett man, I thank the gentleman for yield- tlewoman from Colorado (Ms. Borski Cramer Ferguson ing. DEGETTE) on which further proceedings Boyd Crane Flake I would remind Members that the were postponed and on which the noes Brady (TX) Crenshaw Fletcher prevailed by voice vote. Brown (SC) Crowley Foley gentleman from Wisconsin (Mr. OBEY) Bryant Cubin Forbes and I have both made an announce- The Clerk will designate the amend- Burr Culberson Fossella ment that was followed up by a unani- ment. Burton Cunningham Gallegly mous-consent agreement that the only The Clerk designated the amend- Buyer Davis, Jo Ann Ganske Callahan Davis, Tom Gekas amendments to be considered further ment. H4100 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Gibbons Linder Royce uary 3, 2001, and under a previous order her vision, and her completion of this Gillmor Lipinski Ryan (WI) Goode LoBiondo Ryun (KS) of the House, the following Members community project. I salute Maisie Goodlatte Lucas (KY) Saxton will be recognized for 5 minutes each. DeVore and the community of Goss Lucas (OK) Scarborough f Eskridge. Graham Manzullo Schaffer Granger Mascara Schrock IN HONOR OF MAISIE DEVORE AND f Graves McCrery Sensenbrenner THE PEOPLE OF ESKRIDGE, KAN- EXPLAINING THE DANGERS OF Green (WI) McInnis Sessions Grucci McIntyre Shadegg SAS FAST TRACK TRADE PROPOSALS Gutknecht McKeon Shaw The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Hall (OH) McNulty Sherwood Hall (TX) Mica Shimkus previous order of the House, the gen- previous order of the House, the gen- Hansen Miller (FL) Shows tleman from Kansas (Mr. MORAN) is tleman from Michigan (Mr. BONIOR) is Hart Miller, Gary Shuster recognized for 5 minutes. recognized for 5 minutes. Hastings (WA) Mollohan Simpson Mr. MORAN of Kansas. Mr. Speaker, Mr. BONIOR. Mr. Speaker, I rise this Hayes Moore Skeen Hayworth Moran (KS) Skelton I rise this evening in honor of one of evening first of all to thank my col- Hefley Murtha Smith (MI) my constituents, Maisie DeVore, of league, the gentleman from Ohio (Mr. Herger Neal Smith (NJ) Eskridge, Kansas. Her story, that I BROWN), for arranging a discussion this Hill Nethercutt Smith (TX) Hilleary Ney Snyder want to describe here in a few mo- evening on the important issue of Hobson Northup Souder ments, demonstrates what one deter- trade, especially the fast track proce- Hoekstra Norwood Stearns mined person can do to make a dif- dure that is making its way through Holden Nussle Stenholm ference in the lives of others and in the this community. It is essential for the Hostettler Oberstar Stump Hulshof Obey Stupak life of her community. American people to truly understand Hunter Ortiz Sununu Maisie DeVore is 82 years old. Thirty what this fast track trade proposal is Hutchinson Osborne Sweeney years ago, Maisie decided that her all about and how damaging it can be Hyde Ose Tancredo Isakson Otter Tauzin community of Eskridge, population 530, to each and every one of our individual Issa Oxley Taylor (MS) needed a swimming pool; and she set lives. Istook Pascrell Taylor (NC) about raising the funds to build one. Now, the procedure that is known as Jenkins Paul Terry Over the course of 3 decades, Maisie fast track puts our trade laws and ev- John Pence Thornberry Johnson (IL) Peterson (MN) Thune earned a few dollars at a time by col- erything that is associated with them Johnson, Sam Peterson (PA) Tiahrt lecting aluminum cans, selling home- on a rush course through Congress. It Jones (NC) Petri Tiberi made jelly, and auctioning off her limits the time we can spend on impor- Kanjorski Phelps Toomey homemade afghans. Over the years, tant issues that deal with food safety, Kaptur Pickering Traficant Keller Pitts Turner Maisie’s hard work earned her more with agriculture, with the environ- Kennedy (MN) Platts Udall (NM) than $100,000, which, coupled with a ment, and worker laws and worker pro- Kerns Pombo Upton $73,000 granted from the State of Kan- tections. It allows only an up-or-down Kildee Pomeroy Vitter King (NY) Portman Walden sas, provided the funds necessary to vote, and no amendments, on huge Kingston Pryce (OH) Walsh make her vision a reality. trade bills, like the GATT bill in 1995 Kleczka Putnam Wamp The Eskridge Community Pool offi- or the NAFTA bill in 1993. It leaves Knollenberg Quinn Watkins (OK) cially opened this past Saturday, July Congress with little power to stop the Kolbe Radanovich Watts (OK) Kucinich Rahall Weldon (FL) 14, 2001. Maisie was telling me this past bad parts of trade legislation from be- LaFalce Ramstad Weldon (PA) Saturday that when she started this coming law. LaHood Regula Weller project, her kids were 7 and 12. They I would remind my colleagues, Mr. Lampson Rehberg Whitfield Langevin Reynolds Wicker are now adults living in another com- Speaker, that this whole idea of fast Largent Roemer Wilson munity; but, still, the pool was opened. track is something that is relatively Latham Rogers (KY) Wolf Fittingly, Maisie was the first person new. It was only in 1974 when Richard LaTourette Rogers (MI) Young (AK) in the pool. She was soon followed by Nixon first proposed it. It has only Leach Rohrabacher Young (FL) Lewis (CA) Ros-Lehtinen about 50 of the younger residents of been used five times. In fact, during Lewis (KY) Ross Eskridge. I was fortunate to be in the last administration, the Clinton NOT VOTING—11 Eskridge to share this city-wide cele- administration, we did 200 trade deals bration that was declared Maisie Ballenger Gephardt Reyes around the world successfully without Bishop Hoyer Riley DeVore Day. fast track. Blunt McHugh Spence At the completion of her many years This is a huge usurpation of the au- Delahunt Myrick of work, Maisie’s accomplishment has thority given to the United States b 2135 drawn the attention of State and na- House of Representatives and the Con- So the amendment was rejected. tional media and will be featured this gress by the Constitution of the United The result of the vote was announced Sunday on the CBS Sunday Morning States. By doing so, it not only threat- as above recorded. Show. ens the work that we do here on behalf Mr. WOLF. Mr. Chairman, I move Maisie’s commitment to the welfare of the American people on food safety, that the Committee do now rise. of her community and neighbors is a on labor law, on the environment and The motion was agreed to. great example of service and leader- all kinds of other important issues; but Accordingly, the Committee rose; ship. More than the accomplishment of it also affects what happens to the ac- and the Speaker pro tempore (Mr. a personal goal, Maisie’s success is a tivity at the local level, in the village, SHIMKUS) having assumed the chair, uniting theme for an entire commu- in the city, in the township or at the Mr. HASTINGS of Washington, Chairman nity. Her story demonstrates that one State level. Those laws are in jeopardy of the Committee of the Whole House individual, one individual, can bring a as well. on the State of the Union, reported community together and truly make a Now, let me say this, Mr. Speaker: that that Committee, having had under difference in the lives of others. we have worked very hard over the last consideration the bill (H.R. 2500) mak- The completion of this project marks 100 years in this country to put into ing appropriations for the Departments a major achievement for Maisie law these protections. There was a of Commerce, Justice, and State, the DeVore and for the community of time that we did not have food safety Judiciary, and related agencies for the Eskridge. This facility promises to be a laws. Upton Sinclair wrote the wonder- fiscal year ending September 30, 2002, tremendous asset and a source of pride ful novel called ‘‘The Jungle,’’ and it and for other purposes, had come to no for this small community. alerted the American people to what resolution thereon. This story is about small-town Amer- was happening in food safety and food f ica and what the life of one individual spoilage. There was a movement called can do to benefit his or her neighbors. the Progressive Movement, and a lot of SPECIAL ORDERS So I rise tonight on the floor of the things flowed from that. The SPEAKER pro tempore. Under House of Representatives to commend The labor movement flowed at the the Speaker’s announced policy of Jan- Maisie DeVore for her unending work, beginning of the century, so people July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4101 could have workmen’s comp, unem- of my beloved mother and my first ing for life-saving and life-extending ployment comp, good pay, pensions and cousin, I plead with the President and embryonic stem cell research. It is overtime protection and all of those the Congress to accept the NIH report clearly, clearly the right thing to do. things we have in law today. on the medical value of embryonic f All of that is at risk with these trade stem cell research and to not block The SPEAKER pro tempore. Under a laws. If we continue on the path that Federal funding for this promising, previous order of the House, the gentle- we are on, or we have been on, we are life-saving research; on behalf of not woman from Texas (Ms. JACKSON LEE) spiraling down to the least common de- only my mother and my first cousin, is recognized for 5 minutes. nominator in our law. We are going but 100 million other Americans suf- (Ms. JACKSON LEE of Texas ad- into the valley where countries who fering from Parkinson’s Disease, Alz- dressed the House. Her remarks will have no protections for their workers heimer’s disease, diabetes, juvenile dia- simply live today. appear hereafter in the Extensions of betes, multiple sclerosis, as well as spi- Remarks.) When we fail to meet these stand- nal cord injuries resulting in paralysis. ards, workers in Bangladesh remain in Mr. Speaker, I have watched several f sweatshops. When we fail to meet these close friends devastated by Parkinson’s The SPEAKER pro tempore. Under a standards of worker safety and the en- Disease and spinal cord injuries, condi- previous order of the House, the gen- vironment, children in the Ivory Coast tions that could also be aided by em- tleman from Texas (Mr. PAUL) is recog- are forced into slave labor. At home, bryonic stem cell research. Who nized for 5 minutes. workers lose their jobs because compa- amongst us, who amongst us has not (Mr. PAUL addressed the House. His nies relocate to areas with fewer safety been profoundly moved by the sight of remarks will appear hereafter in the and environmental standards. former President Ronald Reagan, that Extensions of Remarks.) We have seen the great exodus out of giant of a man, now reduced to a mere f many of our communities. Manufac- shadow of his former self by Alz- The SPEAKER pro tempore. Under a turing concerns get up and go. They do heimer’s disease. previous order of the House, the gen- not want to pay the $12 an hour, the $14 Mr. Speaker, the scientific evidence tleman from Rhode Island (Mr. an hour. They go down to Mexico is overwhelming that stem cells col- LANGEVIN) is recognized for 5 minutes. where they pay less than $1 an hour. lected from surplus embryos have great (Mr. LANGEVIN addressed the b 2145 potential to regenerate specific types House. His remarks will appear here- They manufacture and assemble of human tissues and offer hope for after in the Extensions of Remarks.) millions of Americans devastated by what they have to, ship it right back f these and other cruel, fatal diseases. across the border, often on trucks that The SPEAKER pro tempore. Under a are not safe, moving through our coun- According to research doctors I have talked to at the Mayo Clinic as well as previous order of the House, the gen- try, with no protection for the Mexican tleman from Colorado (Mr. TANCREDO) workers down there. So the Mexican NIH, a vaccine to prevent the onset of Alzheimer’s is less than 5 years away, is recognized for 5 minutes. worker loses, our worker loses. The (Mr. TANCREDO addressed the only people that profit are basically thanks in large part to stem cell re- search. House. His remarks will appear here- the wealthy multinational corpora- after in the Extensions of Remarks.) tions and the CEOs, particularly at the Yes, Mr. Speaker, using surplus em- top of those corporations. bryos from in-vitro fertilization that f Mr. Speaker, we simply cannot afford would otherwise be discarded has the The SPEAKER pro tempore. Under a the negative consequences that come potential to save lives and prevent ter- previous order of the House, the gen- along with bad trade deals. Too much rible human suffering. Members and tleman from Ohio (Mr. BROWN) is rec- is at stake. I would just urge my col- the President need to listen to re- ognized for 5 minutes. leagues tonight, as we proceed on this spected colleagues like Senators Orrin (Mr. BROWN addressed the House. debate on fast track, to be very careful Hatch and Connie Mack, as well as Sec- His remarks will appear hereafter in and very thoughtful in how we ap- retary Tommy Thompson, when they the Extensions of Remarks.) proach it. tell us this is not an abortion issue. f This is a very important issue for the The President and Members need to be The SPEAKER pro tempore. Under a future of this country and for the fu- clear, Mr. Speaker, that abortion poli- previous order of the House, the gen- ture of our children. We need to have tics should not enter into this decision tleman from Indiana (Mr. BUYER) is environmental safety laws into all of and certainly should not influence this recognized for 5 minutes. our trade deals, and we need to also critical decision. (Mr. BUYER addressed the House. His Embryonic stem cell research, in make sure we have worker rights em- remarks will appear hereafter in the fact, will prolong life, will improve life, bodied in the core agreements of our Extensions of Remarks.) trade deals so that our workers are not and give hope of life for millions of f punished here at home and the workers American people suffering the ravages The SPEAKER pro tempore. Under a abroad and in developing countries as of Alzheimer’s, Parkinson’s, diabetes, previous order of the House, the gen- well have a chance to earn a decent and multiple sclerosis, not to mention tleman from New Jersey (Mr. PALLONE) wage so that they can buy the products spinal cord paralysis. is recognized for 5 minutes. that they are making. So, Mr. Speaker, on behalf of mil- lions of Americans with debilitating, (Mr. PALLONE addressed the House. f incurable disorders, I respectfully urge His remarks will appear hereafter in SUPPORT EMBRYONIC STEM CELL the President and the Congress to ap- the Extensions of Remarks.) RESEARCH prove crucial Federal funding for this f The SPEAKER pro tempore (Mr. life-saving medical research. In approv- THOUGHTS ON THE U.S. FLAG AND KERNS). Under a previous order of the ing such funding, Mr. Speaker, we can A CONSTITUTIONAL AMENDMENT House, the gentleman from Minnesota also adopt the same model of account- (Mr. RAMSTAD) is recognized for 5 min- ability and oversight that is used in The SPEAKER pro tempore. Under a utes. fetal tissue transplantation research previous order of the House, the gen- Mr. RAMSTAD. Mr. Speaker, Della which allows the best possible science tleman from Tennessee (Mr. DUNCAN) is Mae is a wonderful, loving, 79-year-old to progress. recognized for 5 minutes. woman totally debilitated by Alz- Mr. Speaker, it is too late for my Mr. DUNCAN. Mr. Speaker, I was un- heimer’s disease. Joey was a promising dear mother and my decreased cousin, able to come over today for the discus- young man in his early 20s who died a but it is not too late for 100 million sion of the flag amendment because of horrible death; a cruel, tragic death other American people counting on the meeting with some of my constituents from diabetes. President and the Congress to give and because of an important markup in Mr. Speaker, Della Mae is my moth- them hope. Let us give them hope. Let the Committee on Resources. However, er. Joey was my first cousin. On behalf us give them life. Let us support fund- I would like to tell my colleagues and H4102 CONGRESSIONAL RECORD — HOUSE July 17, 2001 others about an article or a column glory in his bosom that transfigures strongly about it that they embedded that was written in the July 9 issue of you and me. As he died to make men the principle of church-State separa- Newsweek Magazine by a woman holy, let us live to make men free.’’ tion into the first 16 words of the Bill named Joan Jacobsen. That is what so much of what we do of Rights by keeping government fund- She told that she was an antiwar today is all about. The battle or the ing and regulations out of our churches protestor in the late 1960s and early struggle for freedom is ongoing. It is for over 200 years. 1970s and had many very bitter argu- never ending. There are always tyrants Mr. Speaker, America has become ments with her father who was a briga- and dictators from abroad who would the envy of the world when it comes to dier general in the Army. Then she take our freedom away if they had the religious freedom, tolerance, and vital- wrote a few days ago about her father’s slightest chance to do so, and there are ity. I challenge the proponents of this passing. She said this: ‘‘Two days after always liberal elitists and bureaucrats bill to show me tomorrow one nation in my father died, as the visiting hours at from within who want to live our lives the world, one nation where govern- the funeral home ended and we were for us and spend our money for us and ment funding of churches has resulted putting on our coats, there was one take away our freedom, slowly but in more religious liberty or tolerance last visitor. He was a stooped, solitary surely. or vitality than right here in the man who walked slowly to the open I think of this in relation to a hear- United States. All of human history coffin and gazed down at my father, ing before the Subcommittee on Na- proves that government involvement in lying in his military dress uniform. tional Parks this morning. We talked religion harms religion, not helps it. Suddenly, the visitor stood up straight, about the Antiquities Act. Mr. Speak- b 2200 and still looking at his Army comrade, er, one can never satisfy government’s Our Founding Fathers understood gave the brisk salute of the spirited appetite for money or land. We talked that fact, and today’s world proves young GI that he must have been 55 in the hearing this morning about how that fact. Just look around. In China, years ago. Then he slowly lowered his 70 million acres have been locked up, citizens are in prison for their religious arm and became an old man once more, almost all of it just in the last few beliefs. In the Middle East, religious turning and shuffling out the door. His years, and that 70 million acres does differences have perpetrated conflict gallant gesture has come to symbolize not even count what we have in the na- and death. In Afghanistan, religious a profound shift in my feelings toward tional parks, in the national forests minorities are being branded with the United States military.’’ and all of that. Nazi-like tactics. In Europe, govern- Ms. Jacobsen continued: ‘‘The fol- Mr. Speaker, if we do not wake up ment-funding of churches has led to lowing day at the funeral service, the and realize that we are slowly, very low church attendance. soldiers draped the American flag over slowly doing away with private prop- As a person of faith, I thank God that the coffin and accompanied it from the erty in this country, we are about to our Founding Fathers understood that church to the cemetery. As we gath- lose a very important element of our religious liberty is best preserved by ered at my father’s grave site under a freedom and our prosperity, and we are keeping government funding and regu- light December rain, four members of about to lose the freedom that this lations out of our churches. the honor guard stood at attention. man fought for and supported all of To my conservative colleagues, and One soldier raised his rifle and fired those years and why so many people to those across this country, I would three shots while the bugler played have given their lives for this country suggest that they should be the first to Taps. The flag was removed from the and in defense of that flag. I am very fear the government regulation of reli- coffin and slowly and meticulously pleased that this Miss Jacobsen real- gion that would inevitably result from folded into a triangular shape. After ized that and wrote such a moving col- billions of taxpayer dollars going di- one soldier inserted the empty casings umn in Newsweek. I just wanted to call rectly to our churches and houses of into the flag’s angled pocket, the rest that to the attention of my colleagues worship. of the guard lined up in formation be- tonight. Surely it was one significant reason hind the highest-ranking officer, who f why over 1,000 religious leaders, from approached my teenage son. The offi- Baptists to Jews to Methodists, have cer, holding the folded flag on his out- SAY NO TO H.R. 7, PRESIDENT’S signed petitions opposing H.R. 7. These stretched palms and looking straight FAITH-BASED INITIATIVE people of faith understand that direct at my boy, said, ‘Please accept this The SPEAKER pro tempore. Under a Federal funding of our churches would flag on behalf of a grateful Nation.’ previous order of the House, the gen- not only be unconstitutional, it would ‘‘And so it was, at the end, the tleman from Texas (Mr. EDWARDS) is result in government regulation, au- United States Army that provided my recognized for 5 minutes. dits, and yes, even prosecutions against family and me with a noble conclusion Mr. EDWARDS. Mr. Speaker, tomor- our churches and religious leaders. to my father’s life. I began to realize row this House will vote on H.R. 7, the Mr. Speaker, I have great personal that the military traditions I had once President’s faith-based initiative. respect for President Bush, but on the considered unquestionably rigid endure The question before the House is not question of Federal funding using tax because they serve a purpose. Every whether faith is a powerful force; it is. dollars to fund our churches, I must morning, as long as he was able,’’ and The question is not whether faith- stand with Madison, Jefferson, and the I want everyone to hear this, espe- based groups do good works; they do. Bill of Rights. The principle of church- cially. ‘‘Every morning, as long as he The question is not even whether gov- State separation has protected Ameri- was able, my father raised the Amer- ernment can assist faith-based groups cans’ religious freedom magnificently ican flag on the pole outside his house, in their social work. The government for over 200 years. We tamper with that observed a moment of silence, then does and has so for years. sacred principle at our own peril. stood at attention and saluted. I had Rather, the vote on this bill boils Mr. Speaker, now let me address a always thought this exercise sweetly down to two fundamental questions. second question I raised regarding this eccentric,’’ Ms. Jacobsen said, ‘‘but First, do we want American citizens’ legislation: Is it right to discriminate also meaningless. Now, I envy the rit- tax dollars directly funding churches in job hiring when using Federal tax ual.’’ and houses of worship, as this bill does; dollars for those jobs? I believe the Mr. Speaker, I think in at least a and, second, is it right to discriminate vast majority of Americans would say small way, this lady has explained in job hiring when using Federal dol- no. what this flag means to so many people lars. Under H.R. 7, citizens could be denied in this country, and that this flag is a I would suggest the answer to both of or fired from federally-funded jobs be- whole lot more than just a simple piece those questions is no, emphatically so. cause of no other reason than their per- of cloth. The question of using tax dollars to sonal religious faith. I would suggest In the great song of the ‘‘Battle fund churches is not a new one. It was that having the government subsidize Hymn of the Republic,’’ Mr. Speaker, it debated at length by our Founding Fa- religious job discrimination would be a says, ‘‘In the beauty of the lilies, thers over two centuries ago. They not huge step backwards in our march for Christ was born across the sea, with a only said no to that idea; they felt so civil rights. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4103 No American citizen, not one, should we discriminate in job hiring based on paign Act of 1971. In particular, the bill have to pass anyone else’s religious religion when using Federal dollars? would: test in order to qualify for a federally- The answer is no. Raise the amounts that individuals can funded tax-supported job. And if Members’ answers to these contribute to federal campaign each year; Under H.R. 7, a church associated two questions is no as well, they should Prohibit national committees of political with Bob Jones University could put vote no on H.R. 7. Protecting our parties from soliciting, receiving, directing, out a sign ‘‘Paid for by taxpayers. No churches from government regulation transferring, or spending so-called ‘‘soft Catholics need apply here for a feder- and our citizens from religious dis- money’’; ally-funded job.’’ That is wrong. crimination are fundamental prin- Require numerous additional filings and Under H.R. 7, federally-funded jobs ciples. They deserve our support today, disclosures by political committees with the could be denied to otherwise qualified tomorrow, and every day. Federal Election Commission (FEC) for cer- workers simply because of their per- By voting no on H.R. 7, we in this tain expenditures; sonal faith being different from that of House can defend the principles embed- Strengthen the prohibition on foreign con- their employers. That is wrong. ded in the Bill of Rights that have pro- tributions to federal campaigns, and increase Under H.R. 7, churches that believe tected our religious freedom so mag- fines for violations of election laws. women should not work which use Fed- nificently well for over two centuries. Direct the General Accounting Office eral dollars could put out a sign say- (GAO) to conduct a study of recently pub- ing, ‘‘No women need apply here for a f licly financed campaigns in Arizona and federally-funded job.’’ That is wrong. CONGRESSIONAL BUDGET OFFICE Maine; and Mr. Speaker, we all understand why COST ESTIMATE FOR H.R. 2356, Restrict the advertising rates charged by churches, synagogues, and mosques THE BIPARTISAN CAMPAIGN RE- television broadcasters to candidates for could hire people for their own reli- public office. gious faith with their own private dol- FORM ACT OF 2001 lars. But it is altogether different, al- The SPEAKER pro tempore. Under a CBO estimates that implementing H.R. previous order of the House, the gen- 2356 would cost about $5 million in fiscal together different as night to day to year 2002 and about $3 million a year there- allow tax dollars to be used to sub- tleman from Ohio (Mr. NEY) is recog- after, subject to appropriation of the nec- sidize job discrimination for secular nized for 5 minutes. essary funds. Those amounts include admin- jobs. Mr. NEY. Mr. Speaker, House Rule XIII istrative and compliance costs for the FEC, There is also something ironic about 3(c)(2) requires that a cost estimate prepared as well as costs for GAO to prepare the re- a bill that is supposedly designed to by the Congressional Budget Office be filed quired report. stop religious discrimination but actu- with a committee report. When the committee Enacting the bill also could increase col- ally ends up not only allowing but sub- report for H.R. 2356 was filed, this cost esti- lections of fines, but CBO estimates that any sidizing religious discrimination. mate was not yet available. increase would not be significant. Because Mr. Speaker, this is also a bill built Attached for inclusion in the RECORD is the the bill would affect direct spending and re- on a false foundation, the premise that completed cost estimate. ceipts, pay-as-you-go procedures would apply. not sending tax dollars to our churches U.S. CONGRESS, and houses of worship is somehow dis- CONGRESSIONAL BUDGET OFFICE, H.R. 2356 contains no intergovernmental crimination against religion. Washington, DC, July 11, 2001. mandates as defined in the Unfunded Man- Nothing could be further from the Hon. ROBERT W. NEY, dates Reform Act (UMRA) and would not af- truth. In the Bill of Rights, our Found- Chairman, Committee on House Administration, fect the budgets of state, local, or tribal gov- ing Fathers wisely built this sacred House of Representatives, Washington, DC. ernments. wall of separation to protect religion DEAR MR. CHAIRMAN: The Congressional H.R. 2356 would impose several private-sec- from government and politicians. This Budget Office has prepared the enclosed cost tor mandates as defined in UMRA. CBO esti- bill would obliterate that wall and ulti- estimate for H.R. 2356, the Bipartisan Cam- mates that the direct costs to the private paign Reform Act of 2001. mately put at risk our religious lib- sector of complying with those mandates If you wish further details on this esti- would exceed the annual statutory threshold erty, the crown jewel of America’s ex- mate, we will be pleased to provide them. periment in democracy. in UMRA ($113 million in 2001, adjusted an- The CBO staff contacts are Mark Grabowicz nually for inflation) primarily as a result of To Members who genuinely want to (for federal costs) and Paige Piper/Bach (for help religious charities do good work, I new mandates on national political party the private-sector impact). committees and television, cable, and sat- would say that present law already al- Sincerely, ellite broadcasters. Moreover, CBO estimates lows Federal funding of faith-based BARRY B. ANDERSON, that they net direct costs to the private sec- groups if they agree not to proselytize (For Dan L. Crippen, Director). tor could exceed $300 million in a Presi- with those Federal dollars or to dis- Enclosure. dential election year. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE criminate with Federal funds. This bill Estimated cost to the Federal Govern- is thus a solution in search of a prob- H.R. 2356—Bipartisan Campaign Reform Act of ment: The estimated budgetary impact of lem. 2001 H.R. 2356 is shown in the following table. The Should we have Federal funding of Summary: H.R. 2356 would make numerous costs of this legislation fall within budget our churches? The answer is no. Should amendments to the Federal Election Cam- function 800 (general government).

By fiscal year, in millions of dollars— 2001 2002 2003 2004 2005 2006

SPENDING SUBJECT TO APPROPRIATION Spending for FEC under current law: Estimated authorization level1 ...... 40 42 43 45 47 48 Estimated outlays ...... 41 42 43 45 47 48 Proposed changes: Estimated authorization level ...... 0 5 3333 Estimated outlays ...... 0 53333 Spending under H.R. 2356: Estimated authorization level ...... 40 47 46 48 50 51 Estimated outlays ...... 41 47 46 48 50 51 1 The 2001 level is the amount appropriated for that year. The estimated authorization levels for 2002 through 2006 reflect CBO baseline estimates, assuming adjustments for anticipated inflation.

Basis of Estimate: Based on information mation to candidates and election commit- CBO estimates it would cost GAO less than from the FEC, CBO estimates that the agen- tees about the new requirements. $500,000 in fiscal year 2002 to complete the re- cy would spend about $2 million in fiscal In addition, the FEC would need to ensure port required by the bill. year 2002 to reconfigure its information sys- compliance with the bill’s provisions and in- Enacting H.R. 2356 could increase collec- tems to handle the increased workload from vestigate possible violations. CBO estimates tions of fines for violations of campaign fi- accepting and processing more reports, to that conducting those compliance activities nance law. CBO estimates that any addi- write new regulations implementing the would cost $2 million to $3 million a year, tional collections would not be significant. bill’s provisions, and to print and mail infor- mainly for additional enforcement and liti- Civil fines are classified as governmental re- gation staff. ceipts (revenues). Criminal fines are recorded H4104 CONGRESSIONAL RECORD — HOUSE July 17, 2001 as receipts and deposited in the Crime vic- party committees to accept larger campaign Estimate approved by: Peter H. Fontaine, tims Fund, then later spent. contributions. Based on information from Deputy Assistant Director for Budget Anal- Pay-as-you-go considerations: The Bal- the FEC and other experts, CBO expects that ysis. anced Budget and Emergency Deficit Control the increment in such contributions could be f Act specifies pay-as-you-go procedures for as much as $200 million in a Presidential legislation affecting direct spending and re- election year. Thus, such savings would only THE UNIQUE QUALITIES OF THE ceipts. These procedures would apply to H.R. partially offset the losses from the ban on AMERICAN WEST 2356 because it would affect both direct soft-money contributions. The SPEAKER pro tempore. Under spending and receipts, but CBO estimates Additional mandates in H.R. 2356 would that the annual amount of such changes impose costs on television, cable, and sat- the Speaker’s announced policy of Jan- would not be significant. ellite broadcasters by requiring the lowest uary 3, 2001, the gentleman from Colo- Estimated impact on State, local, and trib- unit rate broadcast time to be rado (Mr. MCINNIS) is recognized for 60 al governments: H.R. 2356 contains no inter- nonpreemptible for candidates (with rates minutes as the designee of the major- governmental mandates as defined in UMRA based on comparison to prior 180 days) and ity leader. and would not affect the budgets of state, requiring the rates to be available to na- Mr. MCINNIS. Mr. Speaker, I come local, or tribal governments. tional party committees. The bill also would before my colleagues this evening to Estimated impact on the private sector: also require broadcasters to maintain H.R. 2356 would make changes to federal discuss one of my favorite topics, of records of requests of broadcast time pur- course, the American West. I plan to campaign finance laws that govern activities chases. Based on the latest figures from the in elections for federal office. The bill would National Association of Broadcasters and the spend the next few minutes talking amend the Federal Election Campaign Act of FCC, affected political advertising would about the differences between the west- 1971 by revising current-law restrictions on bring in revenues of $400 million to $500 mil- ern United States and the eastern contributions and expenditures in federal lion in Presidential election years and $200 United States. elections. H.R. 2356 would impose mandates million to $250 million in other election I talk quite regularly about these on many private-sector entities, including: years. CBO does not have enough informa- issues because, of course, being a na- national party committees, state and local tion to accurately estimate the effects of the tive of the wonderful State of Colorado, party committees, candidates for federal of- requirements in the bill on those revenues. fice, federal officeholders, television, cable I believe very strongly, very strongly Based on information from industry experts, in the American West and the virtues and satellite broadcasters, persons who pay however, CBO concludes that such losses for election-related communications, labor could exceed $100 million in a Presidential and the values of the American West. unions, corporations, persons who contribute election year. I think it is important, because of to political campaigns for federal office, and H.R. 2356 would also impose private-sector our small population out there, that we Presidential inaugural committees. The two mandates in several additional areas. These continue to be heard in this country; most costly mandates in the bill would pro- areas include: restricting the use of soft that our way of life in the American hibit the use of soft money by national polit- money by candidates and state political par- West somehow be preserved and not ical party committees, and change the rules ties; additional requirements to report infor- trod upon. that television, cable and satellite broad- mation to the FEC about political contribu- I had a wonderful experience this last casters apply to set rates for political adver- tions and expenditures by individuals and po- tisements. At the same time, the bill would weekend. I was in Buena Vista, which litical parties; restricting contributions in Spanish stands for ‘‘good view,’’ reduce existing requirements governing elec- from minors and foreign nationals; restrict- tion-related contributions and expenditures. ing disbursements for election-related com- Buena Vista, Colorado. I and a couple The mandate on national political party munications by individuals, labor unions, of friends and my wife, Laurie, we went committees prohibiting the use of soft corporations, and political parties; and pro- to Buena Vista for one purpose: We money would impose direct costs that equal hibiting certain campaign fundraising. wanted to hear a singer, somebody who the forgone amount of soft-money contribu- The direct costs associated with additional I had known, a person of great char- tions offset by savings in the bill. According reporting requirements would not be signifi- acter, a gentleman named Michael to the FEC, national party committees cant. In general, most entities involved in raised approximately $400 million in 2000, $95 Martin Murphy. federal elections must submit reports to the This is an individual who is not only million in 1999, $150 million in 1998, and 475 FEC under current law. New requirements in million in 1997 in soft money. Historically, H.R. 2356 also would impose some costs for able to sing in such a way that it soft-money contributions increase signifi- individuals and organizations who pay for warms your heart, but also has the cantly in Presidential election years. During certain election-related communications as- very canny ability of passing on and the 2000 election cycle, for example, soft- sociated directly and indirectly with federal communicating through his music money contributions for national political elections. Finally, mandates that restrict about the values of the American West. parties totaled approximately $495 million, the ability of individuals and organizations Not only can Michael Martin Murphy which represented an increase in soft-money to make certain contributions or expendi- contributions of 475 percent over the 1992 communicate about the values of the tures would impose additional administra- American West, he also communicates election cycle. CBO, therefore, estimate that tive costs. the losses as a result of prohibiting soft Previous estimate: On July 9, 2001, CBO about the need and the necessity of money would be at least $400 million in a transmitted a cost estimate for H.R. 2360, the character, of real character; of the presidential election year and at least $75 Campaign Finance Reform and Grassroots standards that we as Americans ought million in an other election years. Citizen Participation Act of 2001, as ordered H.R. 2356 also would provide savings as de- to live up to. reported by the Committee on House Admin- fined in UMRA. The bill would reduce some When we went to Buena Vista and we istration on June 28, 2001. That bill con- existing mandates by allowing higher con- heard some of the discussions, we had tained some of the provisions in H.R. 2356 tributions by individuals and thus offset an opportunity not only to listen to and CBO estimated that it would cost the some of the losses resulting from the soft- the music of Michael Martin Murphy, federal government $2 million annually, sub- money prohibition. The bill would increase ject to the availability of appropriated who I pay tribute to today; not only to the following annual limits: funds. Neither bill contains intergovern- meet his good friend, Karen Richie, but Individual contributions to Senatorial and also to listen to some of the back- Presidential candidates from $1,000 to $2,000, mental mandates. Individual contributions to national polit- Both bills would impose private-sector ground and some of the values and the ical parties from $20,000 to $25,000, mandates by placing new restrictions on con- future that people like Gene Autry, Individual contributions to state parties tributions and expenditures related to fed- Roy Rogers, and Marty Robbins saw from $5,000 to $10,000, eral elections. The mandates in H.R. 2360 about the American West. Aggregate limit on all individual contribu- would not impose costs above the statutory I can say that Michael Martin Mur- tions from $25,000 to $37,500, and threshold. The primary mandate in H.R. 2360 National party committee contributions to would limit the use of soft-money contribu- phy in my opinion rises to the level of Senatorial candidates from $17,500 to $35,000 tions in certain federal election activities. those legends, the legends of Marty in an election year. The primary mandates in H.R. 2356 would Robbins, the legend of Gene Autry, the Further, the bill would provide for future impose costs above the threshold by banning legend of Roy Rogers; that he rises to indexing for inflation of certain limitations the use of soft money for national commit- their level, because in my opinion he is on annual contributions. The bill would also tees and changing the rules that apply to able to communicate the message as raise limits on individual and party support broadcast rates for political advertisements. those people did for their generation, Estimates prepared by: Federal costs: for Senate candidates whose opponents ex- and Michael Martin Murphy does that ceed designated level of personal campaign Mark Grabowicz, impact on State, local and funding. tribal governments: Susan Seig Thompkins; for this generation. I think his music The increased contributions limits would impact on the private sector: Paige Piper/ will carry that message to future gen- allow candidates and national and state Bach. erations. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4105 It was a wonderful experience. We We live in a great country, wherever chased land. They needed to encourage were up on the mountain plain, Chalk one lives in this country. I just happen people to occupy that land. Mountain right in the distance, of to have a prejudice towards the moun- What happened back then, just be- course among 14,000-plus foot peaks. tains, whether it is in Virginia or in cause one had a deed, they had a piece The wind was blowing slightly, the sun the Missouri flats or up in Montana, up of paper that said you owned this piece was going down, not until about 9 in those areas, Idaho, Jackson Hole, of property, that did not mean much. o’clock. It was cool. The mountains Wyoming, and of course my district, b 2215 can get awful cold this time of year; the Third District of Colorado, which is not like winter, obviously, but very, essentially the mountains of Colorado, What meant something was for an in- very cool. whether one is in Durango, Buena dividual to be actually placed on the It was just the perfect setting. It was Vista, Walsenburg, Steamboat Springs, land with both their feet. Possession of the perfect setting to let one’s mind Meeker, Colorado, Glenwood Springs, the land. And frankly, not only posses- rest for a few minutes and to go back Beaver Creek, all of these commu- sion of the land, it also probably re- in history and remember the values nities. quired in a lot of cases, a six-shooter upon which this great Nation was built, What is important is that there are a strapped to one’s side. This was a new upon the individual characters that lot of generations that have come frontier for us, and it was a frontier we stepped forward to settle the West, to ahead of us, including multiple genera- wanted to build into the country. stand strong for the West, to make tions on my side of the family and mul- And thank goodness they had the raw sure that the wrongs were righted, be- tiple generations on my wife’s side of courage and the persistence to go out cause we know there were wrongs that the family. west. Despite the illness, despite the were committed in the acquisition of It is a way of life. It is a way of life fact that there were no maps, despite the West. that I think we can preserve. It is a the fact that they had to break the It is interesting, when we look back way of life that we should not allow trails and hunt for their food and nego- in history, our history professors tell the elitists to come out and destroy. It tiate with the Native Americans, we us, Mr. Speaker, that history often re- is a way of life of those people who still had people that did it. That is peats itself, and that if we look upon come out and buy property in the where, by the way, the saying came the strong values of this country, the mountains, or come out to the West from, ‘‘possession is nine-tenths of the foundation that made this country the and buy land, whether it is in the prai- law.’’ That is where that came from. greatest country known in the history rie or in the mountains. It is a respon- So let us go back to this map. We of the world, when we look back we see sibility that kind of runs with the land. know we have people settled on the certain characteristics that I think It does not disappear from one owner East Coast. We know that the Govern- have been represented in music, at to the other, it is a responsibility that ment wants them to move to the West. least in the West, by the legends of the should go with everybody who touches Now remember, to the West could be Gene Autrys, the Marty Robbins, and the land. It runs with the land, and it simply getting them out to Missouri. Roy Rogers, and in my opinion, Mi- should run with the land for all future Somehow we have got to get the Amer- chael Martin Murphy. generations. ican people out into this new land that I intend here in the next few days to A part of getting that message out is we want to expand into a country, the issue a tribute for Michael Martin Mur- through the music of the likes of Mi- United States of America. So they phy, because I think it is so important chael Martin Murphy. So for that, I in- tried to figure out ways and incentives for the generation, for our generation, tend to issue a tribute, because I con- for the American people to move west. the obligation of our generation to pass sider him in that bracket, having met Interestingly, they came up with an on to the next generation what life in that standard of a legend, not just for idea. In 1776, what the Government did, the American West really is about; how the music, which by the way is beau- and this is very interesting, by the wonderful it is and how important it is tiful, whether it is Wildfire, or his ren- way, for those who are history buffs, in to preserve that independence, that dition of the Yellow Rose of Texas, or 1776, the Continental Army decided, love of nature, that mountain area way I could go through a number of dif- hey, let us offer free land to people. Let of life. ferent songs; but most importantly, us allow, in effect, homesteads to sol- There are several ways we can do it. what Michael Martin Murphy says and diers that will defect from the British Of course, we can put it in history what he practices and what he encour- Army. If they are defectors, we will re- books. We can teach it in our classes. ages other people to do in regard to the ward them in our new country with Those are all important. But it seems preservation of the American West. free land. to me one of the most effective ways to Let me point out some differences in Well, years later, as our expansion pass the message from one generation why life in the West requires some spe- began to take place, and remember our to the next generation is through cial attention, why it really does. I am expansion was delayed somewhat be- music. Michael Martin Murphy does not trying to preach to my colleagues cause of the ongoing battles between exactly that. this evening, but I am trying to say the North and the South. The North I was not enthralled, so do not get that out in the West we have a unique and the South, neither one of them me wrong, I was not starstruck by Mi- situation. It is not found in the East, wanted to have the other get an advan- chael Martin Murphy. I was impressed, or very rarely in the East. It is unique tage over this new land, an advantage because I felt that I had met an enter- to the West. We have to have a good that would allow slavery or an advan- tainer who was much more than an en- understanding of it if we really want to tage that would not allow slavery. So tertainer, but an individual who really comprehend the challenges that we the expansion and the possession of cared about the American West, an in- face out West. these lands was somewhat delayed. But dividual who understood the land val- It all started years ago with the when they got finally to a position ues and the need for open space and the founding of this country. As we all where the Government could really en- beauty of the Rocky Mountains, yet know, the country was not founded on courage it and take it as a serious ef- firmly believed that people had a right the west coast. It was not founded in fort to go out and settle the American to live in those areas; that people have the mid country, it was founded on the West, they decided that the incentive a right to enjoy that. east coast, out in this area. The popu- should be to give away land, and they In Michael Martin Murphy I saw not lation was up and down the coastline. called it homesteading. a superstar, but I saw a star kind of dif- As our forefathers decided to expand Again, that idea originated in 1776. ferent than like a Hollywood set. What this wonderful dream of theirs to build Now, maybe if there is a history pro- I saw was a superstar in character, a a country of freedom, a country that fessor amongst my colleagues, they person who spoke about the characters was free from the king, a country may have a date preceding that, but that are necessary for our new genera- where we would have no king, a coun- my reading shows about 1776 with the tions; about the obligations we have, try which allowed for a representative defections from the British Army. the obligations that were fulfilled by and democratic type of government, to So now we speed up again back here previous generations. do that they in to expand, so they pur- where we are possessing the country. H4106 CONGRESSIONAL RECORD — HOUSE July 17, 2001 How do we get people out there? So we problem. This Homestead Act has As of late, some of the more radical decide to homestead. They offer people worked very, very well getting people environmental groups in our country to go out into Missouri, into Ten- halfway across the country, because 160 have decided that the Government, nessee, out west to Kansas and to Colo- acres in eastern Colorado, unlike 160 what they want to do is go to the popu- rado. Go out there and farm, set up acres in western Colorado, can support lations, and remember most of the pop- their families, and be given 160 acres. If a family. 160 acres in Missouri can sup- ulations, when we look at this map to they would go out there and work it for port a family. Same thing in Kansas. my left, most of the populations, with a fee of like $12 and a closing fee of like Same thing in some of these other the exception right here, and again we $5, they could have this land, 160 acres. States. But when they hit the moun- see the private property, the big white And every American, even today, tains, it was a lot different. section here in California, that big every American dreams of owning their So how did we resolve this? What do white section, and the East, that is own piece of land. That is one of the we do? How did we encourage people to where the population in the country beauties of the United States of Amer- go into those mountains and take the really is. Here in the West, that is ica, one of the things that sets our sacrifice that was necessary for us to sparsely populated land. So what has country apart from other nations expand this great country of ours? One happened is some of the more radical throughout the entire world is the of the answers was, well, to get people environmental organizations, groups right of private property. It is deep in into this area of the western United like Earth First, groups like, the Na- our heart. It is deep in our heart to States, if 160 acres does not do it, let us tional Sierra Club, they are trying to own a piece of property. So the Govern- give them 3,000 acres. Let us give them educate people in the east that this ment encouraged families to go out whatever amount of land it takes to be land in the West is unfit for human oc- west and be given ownership to 160 comparable to that family in Kansas or cupancy, unfit in their description so acres. They had to go out and work it. Nebraska that can make do on 160 that humans should have minimal con- They need to put their family on it. acres. But somebody said, well, we can- tact with these public lands; that the The Government wanted it to be not do that. Politically we could never design of these public lands was not in farmed, to be productive land. And if a give that much land away to an indi- fact the concept of multiple use, or a family would make it productive land, vidual. land of many uses. if they were dedicated to the cause, So somebody else, one of the other They use it as one of their priorities meaning that they persevered through policymakers, came up and said, well, to destroy what we knew the land to all the tough conditions, after a period let us do this. In the West, where we be, a land of many uses or, in short, of time, a few years, they got to own meet the mountains, let us just go multiple use. Their belief is that mul- that land free and clear. ahead and keep the land titled, the ac- tiple use should be eliminated or at However, there was a problem; and tual ownership of the property, let us least minimized in many, many areas, the problem is clearly demonstrated by keep it in the name of the Government vast amounts of areas out here in the this map that I have to my left, and but let us allow the people to use it as West, regardless of the impact that it that was that the frontiersmen, and I if it were their own. And, in fact, let us has on the generations of people who say that generically, because clearly it encourage them to go out there and use started back in the homestead days. was families that took on this chal- it. And let us call this land that is So there is a big difference between lenge, not just the men of the country owned by the Government, it is not a the East and the West. And we who live but families. And back then the condi- title that fits here in the East, it is a in the West feel very strongly about tions were harsh. Think of women in title that was designed for this block of the fact that we, like our friends in the childbirth, the death rate of women in color in the West, let us define it by a East, like Virginia, for example, when I childbirth. It was horrible. The sac- land of many uses, public lands. go into Virginia, my good friend Al rifices were enormous that these people This was a title held by the Govern- Stroobants, he lives in Lynchburg, Vir- made to expand our country and in ment but described as a land of many ginia. He came from Belgium, but the part to go out and find the American uses; a land that will allow people to pride he shows in being an American Dream. support families, land that will allow and the pride he has for Virginia and But as I said, there was a problem; people a sense of freedom, land that the Virginia mountains. There is a and it is demonstrated by this map. will allow people the enjoyment and, in very strong dedication to our States, Take a look at this map very carefully. my opinion, the absolute pure pleasure and I see it in my friend Al and all his The western United States has lots of of being able to live in the Rocky friends down there in Lynchburg, Vir- color on it on this map. The eastern Mountains or go up into the plateaus of ginia. Well, we feel the same way as United States, with the exception of the Grand Mesa or down into the San our Virginia colleagues or as our Ken- the Appalachians, a little shot down Juan Mountains and see the fresh tucky or Florida colleagues, or some of there in the Everglades, a little shot up water streams and the waterfalls. It al- these other States. We feel the same there in the northeast. With those ex- lows this to be a land of many uses. way about the American West. We feel ceptions some of these States hardly What we have seen, though, recently very strongly that our way of life have any color in them at all. Why? is that we have more radical environ- should have as much opportunity to be The color denotes government lands. mental organizations. Now, I think preserved as the way of life in Virginia Now, my colleagues might say, well, some of the strongest environmental- or Kentucky or Tennessee or Maine or gosh, there are hardly any government ists are the people who have had to put Vermont. lands in some of these States. And the their hands in the ground, the people We are lucky. We have 50 of the lands that have very little government like my family who, for generations, greatest States in the world. We have land, what we call public lands, are in next to their family, their deepest ap- probably the most beautiful land mass. the East. They are not in the West. preciation was for where we lived and We have not only the strongest coun- Why? Why would be a logical question they loved the land. It is like Michael try economically, education-wise, mili- on this map to my left. Why would all Martin Murphy. His deepest apprecia- tarily; but we also have perhaps the the West be in color or public lands and tion was being a part of the American most beautiful geography in the world. very little in the East, comparatively West and a big part of the American When we take it all together, we have speaking? Private property is held by West, as he very ably described in his to come out on top, especially when we private individuals. That was the prob- comments and in his music, is the add in our little bonuses like Alaska lem they ran into. What happened was, beauty of the land, the ability to get and Hawaii. as the frontiersmen began to hit the on a horse and ride and not see other But my point here this evening is Rocky Mountains, they discovered that people for a long ways. And yet the this: I ask my good friends from the 160 acres not only would not support a ability to take that horse back to a East to understand the differences that family, it would not even feed a cow. barn where hay can be grown to sup- we in the West face. And it is not just So word got back to Washington, and port it, grain to support that horse, the geographic differences as a result it kind of put a stop in the expansion and to have a family that could enjoy of public lands, but it is also the fact plans. They said, hey, we are having a that horse. that we are totally dependent in the July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4107 West, we are totally dependent, com- herent obligation, a part of our heart. community, with people from our pletely, 100 percent, I do not know any Out in the West it is a part of our chamber of commerce, with locally other way to say it to describe our de- heart. We need your support here in elected officials like our county com- pendency, on public lands. the East to help us in the West to con- missioners in the various counties, The concept of multiple use is the tinue to thrive and continue to enjoy with our State representatives and our foundation for the utilization of public the type of life-style that our fore- State senators. lands. If we do not have multiple use, if fathers upon the founding of this coun- You know what? We were able to put my colleagues buy into some of the try intended for us to have. together a vision that helped preserve more radical organizations in our coun- That does not mean, by the way, that this land but at the same time allowing try, that the way to eliminate multiple we turn our face the other way if we multiple use. We put tens of thousands use, for example, is to burn down the sense abuse out there. I think you will of acres in the wilderness. That is the lodges in Vail or go to Phoenix, Ari- find the first people to crack down on most extreme management tool you zona, and burn down homes, luxury abuse are the people that are most can use out there. That truly does ex- homes. That is sometimes the kind of closely impacted by it. The people that clude most of the population from tactics that they revert to to eliminate are most closely impacted by abuse of touching that land. multiple use; that is wrong. the lands are the people that live on At the same time, we have put in spe- And one of the other more legitimate that land. cial conservation areas so that people ways, although I disagree with it, is to I have zero tolerance for people that could continue to enjoy their horses for try to educate the mass population in leave decimated trails and tear up the their horseback riding. People could the East that life in the West is kind of terrain. I have zero tolerance whether take their hikes. People could spot like life in the East; not to educate the it is mountain bikes, whether it is wildlife. People could go down to the people on the need for multiple use. If SUVs, whether it is a canoe or a kayak mighty Colorado River and sit on its I went down the street here in Wash- or a sloppy hiker. I have zero tolerance bank and wonder about the millions ington, D.C., I bet I could stop 100 peo- for people that drop litter, for people and millions of lives and the environ- ple; and of those 100 people, I bet I who do not properly care for the lands, ment and the heritage of that river. could not find two, maybe not even for people that do not leave the land as All of this was done as a result of one, maybe not even one who could tell much as they found it, for people who people who lived on that land coming me what the concept of multiple use do not have respect for that land. together, not as a result of a coalition and what public lands really means. If we allow that to occur we then di- out of Washington, D.C., who thought lute our obligation and our vision for they knew better about how to describe b 2230 the next generation. So we do feel very life out here in the West. Now, I will bet also out of those 100, strongly about enforcement, but we We can do it. We are not a bunch of based on the educational efforts of also believe in balance. We do not numbskulls out there or rambling cow- some of these more radical environ- think balance is by burning down the boys as some people have the image. In mentalists over the last few years, I lodge at Vail on top of the mountain. fact, we are pretty proud of ourselves. bet the perception of a lot of those peo- We do not believe that balance is going We think we are pretty thoughtful. We ple out of that 100 is that in the West out into a subdivision just because think we are thoughtful in that we un- we are destroying the lands; that Yel- some people who are building these derstand your concerns here in the lowstone is being drilled upon; that we homes have money and burn their East. are cutting down all of the forests. It homes into the ground. We do not be- There are a lot of people in the East could not be further from the truth, lieve you ought to put spikes in trees. who are justifiably concerned that, re- colleagues. We do not think that is necessary. gardless of where you live in this coun- Most of you probably vacation in my We have a lot of different projects. I try, whether it is the beautiful moun- particular district because of the re- will talk to you about the Colorado Na- tains in Virginia, whether it is the hills sorts. I would hope that you take an tional Monument and our special con- of Tennessee, whether it is the coastal opportunity, especially during our Au- servation areas. areas of Florida, we all as a Nation gust recess, to go out into these public In our community we felt that we should be concerned about the preser- lands. Take a close look at them. Put really needed to instill some vision for vation of these lands and about the life all the propaganda aside and go out this generation. To take the Colorado people lead. and see it for yourself. Go out to Jack- canyons and the Colorado National A basic and fundamental part of that son Hole. Go out to Beaver Creek. Go Monument and come up with some concern should be a communication, an over to Durango. Go to Buena Vista kind of plan, some kind of strategy to expression and participation from the and see just how well that land is cared preserve those lands in a special way people that live on the land or live on for. for the future. the shore or live on the hills or farm on If you have an opportunity, which Do you know where that inspiration the plains. Those people ought to have should be a basic requirement of your came from? It did not come from Wash- a strong voice at the table. Why? Once visit, just go stroll on down to the cof- ington, D.C. That inspiration did not you sit down with them as we did with fee shop. Go talk to a cowboy or cow- come from some radical organization the Colorado Canyon Lands Project, girl and ask them a little about the like Greenpeace or Earth First. That once you sit down with them you will lands. You know what you will get? inspiration came from the hearts of the find out that that old geezer has some- You will get the same kind of feeling I people that lived on the land, from the thing to say. There is a little history get out of Michael Martin Murphy and hearts of the people that listen to the there. a lot of people, millions of people get music of people like Michael Martin You sit down with somebody like a out of Michael Martin Murphy. Murphy, from the hearts of the people David Smith and you find out more You get a sense of belief out of the like David or Sue Ann Smith or Cole about water than you ever thought you American West. You get a sense of the and Carol McInnis who lived there and would know in just a few minutes and love that these people have for the land had their family there for generations. about the importance of water in the upon which they live and upon which That is where that inspiration came West and why life in the West is writ- they thrive. You get a sense of our in- from. ten in water. It is so dry out there that herent responsibilities to protect this Do you know what we were able to water is fundamentally important. land while at the same time enjoying put together? We have people like the Mr. Speaker, my real concern this the use of the land, but to protect it in Gore family up on top of the monu- evening, I think I have ably expressed, such a way that we can pass on this ment in Glade Park. We have people and I want to deeply again express my gem, and that is what it is. It is a gem. like the King family, Doug and Cathy, appreciation to the communicators in It is a diamond in the rough. Pass this from the King ranches. We have people the West, the people who are able to on to future generations. like Mr. Stroobants from his ranch up communicate the balance that is nec- That vision for future generations, as in Glenwood Springs to sit down with essary so that we can come together as I just mentioned, we consider it an in- people from our active environmental a team to preserve our way of life in H4108 CONGRESSIONAL RECORD — HOUSE July 17, 2001 the West. Amongst those communica- Mr. Speaker, it is not something that Mr. Speaker, most American citizens tors are the people like the locally needs to be eliminated. It is not some- believe that we have some kind of pro- elected officials, the State representa- thing that in the East you have to tection from American missiles. They tives, the State senators, our local force your way of life upon. It is some- have heard of Cheyenne Mountain in county commissioners, our Chamber of thing that you, too, as American citi- Colorado Springs, the home of NORAD. Commerce, our local environmental or- zens or as visitors to our great country Do my colleagues know what NORAD ganizations. Those are communicators, can enjoy. But when you come out does, NORAD detects? ordinary people that love the land, there, do not come out with earplugs in b 2245 that know the history of the land in your ears, and do not come out think- the West, that are proud to be a part of ing that you know it all or trying to It is a huge complex, built within the the American West. impose your values, which may be good granite mountain of Cheyenne Moun- Also, as I have mentioned several values, but for your area. Do not come tain. They can detect missile launches times, I pay special tribute to one of out and try to impose your values on anywhere in the world. There are a lot the finest communicators of today’s us in the West. Do not listen to all of of things that they can do for our secu- modern day through music, and that is this propaganda that you hear. rity. But once they make that detec- Michael Martin Murphy. It is obvious I And I can tell you the propaganda tion, that is about all they can do. have a bias towards his music, but machine about what ought to happen They can call you on the phone and say when one goes beyond the music and in the West is a well-oiled, well- to you, hey, look, despite all of the looks at the message and looks at the moneyed machine in the East. I am not treaties, despite all of the promises intent and deep dedication and the fo- saying totally discount what the other made, we have just had a foreign coun- cused love of the communicator, one side has to say. Listen to that propa- try launch a missile against the United understands that this is a good way to ganda, but take the time to look up States, against the people that you are communicate the word of the impor- what the other side of the story is. You sworn to protect. That missile is going tance of the American West. know the old saying: ‘‘There are two to land in about 30 minutes, and we be- Not long ago I heard somebody say, sides to every story.’’ lieve it is carrying a nuclear warhead. ‘‘You better get used to it. Your days That is why I take this microphone What else can we tell you? in the American West are limited. That tonight, colleagues. I am asking take a What are we going to do? is something in the past. We have look at the other side of the story. Be- There is not much we can do. We can moved on. The old frontier is out of cause. When you do, you will under- repeat what we just told you, where it here. There are no more great, vast stand why we are so proud of our herit- is going to land, the nuclear warhead areas.’’ These are the kinds of people age in the West, why we think that we that we think is on top of it. I think who want to destroy our open space. take pretty good care of the Rocky that there is a responsibility for the These people want to come out and tell Mountains and the Dakotas and Utah, leaders of this country, not only for people they are not allowed to farm Montana, and the Colorado River. It is this generation and the future genera- and ranch the land. They are not al- our lifeblood. We care about it. I want tion, but for the people of the world, to lowed to do this and do that, the big you to care about it and care about it provide missile defense so that we do brother out of Washington, D.C., knows in such a way that the next generation not end up in some kind of horrible, best for the West. And that somehow and the next generation can live on it, horrible situation, with a world at war, they reinterpret or reinvent the his- enjoy it, preserve it and respect it be- because a missile, an incoming missile, tory of why this block of color is lo- cause, if we do that, we will have ac- was not stopped before it hit a city like cated in the West, while there is hardly complished a great deal for the next Los Angeles or New York City or Wash- any color in the East. generation and for the future of our ington, D.C. We can stop that. Mr. Speaker, they want to educate country. The best way to stop a war from hap- and use propaganda to say this was in- Mr. Speaker, the rest of this week pening, the best way to maintain peace tended to be kind of off limits to peo- looks like it is going to be very busy, is to disarm your neighbor, especially ple. Here in the East, we already have and it looks like we are going to be if it is an unfriendly neighbor. Think our piece of land. We already have working quite late nights. I was hoping about it. Why on earth would you say what we want. But out here in the to make some comments tomorrow we should not defend ourselves against West, we want to control your lives. evening and go into specific detail on incoming missiles? It does not make We have no use for that type of philos- missile defense. So break away those 40 sense. It is kind of like your neighbor ophy. We think at the local level, at minutes about which I have spoken to having a gun, and your neighbor decid- the regional level, with input at the you about the American West, and let ing that he wants your watermelons. national level, because it is one Nation, us shift our mind into missile defense And the neighbor is known to some- that we can put together a plan, a blue- and talk for just a few minutes. I will times use that gun against you. Do you print so that the next generation can not be able to brief Members this think it is crazy to set up some kind of experience the West as we have experi- evening like I intended to brief Mem- defense, maybe a big fence that your enced it. bers tomorrow or Thursday evening, neighbor cannot get over to come use Fortunately, because of the visions of but it looks like I will not have that his gun? That is exactly what we need people like Teddy Roosevelt and oth- opportunity. to do here. ers, in the communication of Gene Mr. Speaker, we had a pretty re- At some point in time in the future, Autry, as Michael Martin Murphy markable success with the missile de- and mark this, Members who are op- pointed out so well, or Roy Rogers, fense this weekend. We had a targeted posing some kind of missile defense they were able to in that generation missile coming under our scenario, a network, at some point in the future, figure out a blueprint so that the ap- missile aimed at the United States somebody will launch a missile against preciation of the West could continue traveling at 41⁄2 miles per second. And the United States of America. For to my generation. we had an intercept missile coming in those of you who oppose a defensive Mr. Speaker, I hope that I have laid at 41⁄2 miles. The two of them had to system, not an offensive system, a de- out a blueprint or been a participant, hit. Remember they could not miss by fensive system, for those of you who whether it is the Colorado more than three feet. It is like hitting will cast a vote against a defensive Canyonlands, whether it is Sand Dunes a bullet with a bullet, the effect of missile system, you, I hope, will be National Monument which last year we shooting a basketball in California and around to answer to the survivors of a put into a national park, whether it is making it through the hoop in Wash- missile attack against this country. I the Black Canyon National Park which ington, D.C. It is a tremendous success. hope that you will never have to do Senator CAMPBELL and I created about Now some would say, oh, especially that. I hope that the idea that a mis- 4 years ago, we hope that we have the Chinese and the Russians, how ter- sile would be launched against the somehow participated in that blueprint rible. Who could imagine the American United States does not happen. to pass on the dreams and the life of people ever agreeing to protect them- But I think every one of us has to be the West. selves from incoming missiles. realistic here. The fact is, the odds are July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4109 that somebody at some point will tem. You just have it in place. You fare of this country. It is in every bill launch a missile against the United never have to engage it. But the reality we pass. A part of doing that requires States of America and that the United is somewhere in the future there is us to deploy, in my opinion, a missile States of America is fooling itself. going to be a difference of opinion, a defense system so that the United There is a saying out there. The last professional difference with these two States and its allies, 20 years from person you want to fool is yourself. countries. A rogue nation, a rogue now, I want them to look back and say, The last person that the United States Third World nation may not need a gosh, those missiles, that is what used of America wants to fool ought to be reason to fire a missile against us. Peo- to scare them back then. Today, no- itself. Kudos to the President. Kudos to ple have been willing to blow up our body could fire a missile anywhere be- our defense and our military oper- airplanes, they have been willing to cause you could stop it in flight or bet- ational heads to say, look, we cannot shoot athletes at the Olympics, they ter yet you could stop it on the launch- afford to put blinders on and pretend. have been able to set off a bomb at the ing pad. Look, nobody is going to fire a missile Olympics. Do you not think that some- So there is a lot to think about with against us. Look, nothing is going to day somebody may want to launch a the missile defensive system. But the happen against us by these rogue coun- missile against the United States? basic philosophy, the basic thought tries. Now, the critics, as I was saying ear- ought to receive a ‘‘yes’’ vote from ev- Take a look at how many rogue lier, will say, well, the system has had erybody in these Chambers. Everybody countries now have missiles. Take a too many failures. How many failures in the Chambers, every one of my col- look at how many of these rogue coun- did we have before we came up with leagues ought to be in support of a mis- tries have nuclear warheads on those penicillin? How many failures did we sile defense system. I think you owe it missiles. Do you think that the United have before we mastered the car? Of to the constituents that you represent. States of America by patting them on course you are going to have failures. In summary, we need a missile defen- the back is going to get them to de- The technological requirement, the ex- sive system for this country. Techno- stroy those missiles, or to disarm? No pertise to have two objects that are logically we are going to be able to do way. These countries are not going to traveling 41⁄2 miles a second, to be able it. Sure it is going to be expensive. The disarm. They could care less what the to bring them together and to be able airplane was expensive when we de- United States of America tells them. to intercept right on the spot, you can- ployed it. Landing a person on the Having a nuclear missile or any type of not afford to miss. You do not get two Moon was expensive. Sending a ship to missile, that is a pretty macho thing in shots; you get one shot on that inter- Mars was expensive. There are lots of some of these countries. In some of cept over the weekend. It worked. I can things the technology requires is ex- these Third World countries, having assure you that our European col- pensive. Conservation is going to be ex- the ability to simply reach over and leagues and that the people, the leader- pensive for us but it works. And this push a button and take on the strong- ship in Russia and China are saying, missile technology worked this week- est country in the history of the world wow, American technology. end, and we have years of testing left; and destroy one of their cities or, even By gosh, we may disarm Russia and but it will work and it will be a life- worse, it makes them feel pretty good. China simply by coming up with a de- saver for hundreds of millions of people We play right into their card game; we fensive mechanism. Why put all your in this world. play right into their game if we do not money in an offensive missile system if Mr. Speaker, I hope my colleagues build some kind of defense. the country that you are concerned had an opportunity to listen to my We need to have a defense. We use it about, the United States, has the abil- comments on the American West. I am everywhere else, not missile defense, ity to stop them? You want to know proud to be an American citizen, but I but we use defenses everywhere. Take a what is going to stop missile growth in am deeply proud of being able to have look at highways. We put speed bumps this world? It is the ability to make been born and raised in the American to slow you down. Why? Because we do them an ineffective weapon. But how West. I hope all of my colleagues have not want an incoming car. We want to do you make them an ineffective weap- that opportunity to experience what I slow them down. Every one of my col- on if you do not have some type of have been able to spend an entire life- leagues could think of example after shield against them? What we are talk- time experiencing. example after example where we deploy ing about with our missile defense sys- f a defensive mechanism to protect our tem is a shield, a shield that not only health and well-being or the health and protects the United States but a shield LEAVE OF ABSENCE well-being of our children. That is why that we would share with our allies. By unanimous consent, leave of ab- we have speed zones at schools. That is Frankly, a shield that the more it is sence was granted to: why we have crossing guards. That is shared, the less likely that there will Mr. BISHOP (at the request of Mr. why we have tough law enforcement, so ever be a missile attack because the GEPHARDT) for today on account of a that we can preserve those things that missiles, which are very expensive and death in the family. are special to us. Now, for us not to put the technology that is required is sub- f out a defense that protects a country stantial, those missiles become pretty that is special to us is foolish. darn ineffective. How could somebody SPECIAL ORDERS GRANTED Now, because I cannot go into the de- legitimately argue that we should not By unanimous consent, permission to tails, but I will in the next week, I deploy a strategy that will make mis- address the House, following the legis- hope, I am going to have some dia- siles less effective? lative program and any special orders grams and some charts and show you Mr. Speaker, we have a heavy burden heretofore entered, was granted to: why this system will work. Now, re- on our shoulders. That heavy burden (The following Members (at the re- member that the critics of this system requires that we protect. We have an quest of Mr. MCNULTY) to revise and will tell you, first of all, we have of- inherent responsibility to protect the extend their remarks and include ex- fended China and Russia. Do not offend citizens of this country from somebody traneous material:) China and Russia. And our European who decides they want to launch a mis- Mr. BONIOR, for 5 minutes, today. colleagues, they are upset about this sile against us. This is not starting a Ms. JACKSON-LEE of Texas, for 5 min- because of the fact we might offend war. It is not starting an arms race. utes, today. Russia and China. That is rhetoric. And even if it was not Mr. LANGEVIN, for 5 minutes, today. Who do you think is likely to use a rhetoric, are we going to let them bully Mr. BROWN of Ohio, for 5 minutes, missile against the United States? Not us into not defending our citizens? today. only those rogue countries, but do not Members, we are elected to the United Mr. PALLONE, for 5 minutes, today. discount China and do not discount States Congress in part to not only Mr. EDWARDS, for 5 minutes, today. Russia. I hope it never happens. I hope protect the Constitution but to protect (The following Members (at the re- we become allies with these people. the people of this country. quest of Mr. KERNS) to revise and ex- And if we do become allies, then we do We have deep, running obligations to tend their remarks and include extra- not need to use a defensive missile sys- the people and the safety and the wel- neous material:) H4110 CONGRESSIONAL RECORD — HOUSE July 17, 2001 Mr. MORAN of Kansas, for 5 minutes, Chief Financial Officer Establishment Act of 2941. A letter from the Program Analyst, today. 2001’’ received July 17, 2001, pursuant to D.C. FAA, Department of Transportation, trans- Mr. RAMSTAD, for 5 minutes, today. Code section 1–233(c)(1); to the Committee on mitting the Department’s final rule—Air- Government Reform. worthiness Directives; Boeing Model 737– Mr. PAUL, for 5 minutes, today. 2932. A letter from the Program Analyst, 700IGW Series Airplanes Modified by Supple- Mr. TANCREDO, for 5 minutes, today. FAA, Department of Transportation, trans- mental Type Certificate ST09100AC–D, Mr. BUYER, for 5 minutes, today and mitting the Department’s final rule—Air- ST09104AC–D, ST09105AC–D, or ST09106AC–D July 18 and 19. worthiness Directives; Boeing Model 767–200 [Docket No. 2000–NM–242–AD; Amendment Mr. DUNCAN, for 5 minutes, today. Series Airplanes [Docket No. 2001–NM–87–AD; 39–12323; AD 2001–14–12] (RIN: 2120–AA64) re- Mr. NEY, for 5 minutes, today. Amendment 39–12200; AD 2001–08–23] (RIN: ceived July 16, 2001, pursuant to 5 U.S.C. 2120–AA64) received July 16, 2001, pursuant to 801(a)(1)(A); to the Committee on Transpor- f 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Transportation and Infrastructure. 2942. A letter from the Program Analyst, SENATE ENROLLED BILLS SIGNED 2933. A letter from the Program Analyst, FAA, Department of Transportation, trans- The SPEAKER announced his signa- FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- ture to enrolled bills of the Senate of mitting the Department’s final rule—Air- worthiness Directives; Aerospatiale Model the following titles: worthiness Directives; Boeing Model 767 Se- ATR42–500 Series Airplanes [Docket No. 2001– ries Airplanes [Docket No. 97–NM–276–AD; NM–66–AD; Amendment 39–12174; AD 2000–23– S. 360. An act to honor Paul D. Coverdell. Amendment 39–12205; AD 2001–08–28] (RIN: 04 R1] (RIN: 2120–AA64) received July 16, 2001, S. 560. An act for the relief of Rita 2120–AA64) received July 16, 2001, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mirembe Revell (a.k.a. Margaret Rita 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Mirembe). Transportation and Infrastructure. ture. 2934. A letter from the Program Analyst, f 2943. A letter from the Program Analyst, FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- ADJOURNMENT mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- worthiness Directives; Lockheed Model L– worthiness Directives; Lockheed Model L– Mr. MCINNIS. Mr. Speaker, I move 1011 Series Airplanes [Docket No. 2001–NM– 1011–385 Series Airplanes [Docket No. 2000– that the House do now adjourn. 82–AD; Amendment 39–12204; AD 2001–08–27] NM–41–AD; Amendment 39–12198; AD 2001–08– The motion was agreed to; accord- (RIN: 2120–AA64) received July 16, 2001, pur- 21] (RIN: 2120–AA64) received July 16, 2001, ingly (at 10 o’clock and 58 minutes suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- p.m.), the House adjourned until to- mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- morrow, Wednesday, July 18, 2001, at 10 ture. ture. 2935. A letter from the Program Analyst, 2944. A letter from the Program Analyst, a.m. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- f mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- worthiness Directives; Bombardier Model worthiness Directives; SOCATA—Groupe EXECUTIVE COMMUNICATIONS, DHC–8–100, –200, and –300 Series Airplanes AEROSPATIALE Model TBM 700 Airplanes ETC. [Docket No. 2000–NM–15–AD; Amendment 39– [Docket No. 2000–CE–61–AD; Amendment 39– 12160; AD 2001–06–13] (RIN: 2120–AA64) re- Under clause 8 of rule XII, executive 12139; AD 2001–05–03] (RIN: 2120–AA64) re- ceived July 16, 2001, pursuant to 5 U.S.C. ceived July 16, 2001, pursuant to 5 U.S.C. communications were taken from the 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: tation and Infrastructure. tation and Infrastructure. 2925. A letter from the Congressional Re- 2936. A letter from the Program Analyst, 2945. A letter from the Program Analyst, view Coordinator, Animal and Plant Health FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Inspection Service, Department of Agri- mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- culture, transmitting the Department’s final worthiness Directives; McDonnell Douglas worthiness Directives; Dornier Luftfahrt rule—Gypsy Moth Generally Infested Areas Model DC–9–80 Series Airplanes and Model GMBH Models 228–100, 228–101, 228–200, 228– [Docket No. 01–049–1] received July 16, 2001, MD–88 Airplanes [Docket No. 98–NM–326–AD; 201, 228–202, and 228–212 Airplanes [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment 39–12163; AD 2001–06–16] (RIN: No. 99–CE–19–AD; Amendment 39–12122; AD mittee on Agriculture. 2120–AA64) received July 16, 2001, pursuant to 2001–04–04] (RIN: 2120–AA64) received July 16, 2926. A letter from the Secretary, Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Defense, transmitting a letter on the Transportation and Infrastructure. Committee on Transportation and Infra- approved retirement of Vice Admiral Rich- 2937. A letter from the Program Analyst, structure. ard A. Nelson, United States Navy, and his FAA, Department of Transportation, trans- 2946. A letter from the Program Analyst, mitting the Department’s final rule—Air- advancement to the grade of Vice Admiral FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 767–200 on the retired list; to the Committee on mitting the Department’s final rule—Air- and –300 Series Airplanes [Docket No. 2000– Armed Services. worthiness Directives; BAe Systems (Oper- NM–296–AD; Amendment 39–12199; AD 2001– 2927. A letter from the Secretary, Depart- ations) Limited Model BAe 146 and Model 08–22] (RIN: 2120–AA64) received July 16, 2001, ment of Defense, transmitting a letter on the Avro 146–RJ Series Airplanes [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- approved retirement of Lieutenant General 2000–NM–253–AD; Amendment 39–12119; AD mittee on Transportation and Infrastruc- Bruce B. Knutson, Jr., United States Marine 2001–04–01] (RIN: 2120–AA64) received July 16, ture. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Corps, and his advancement to the grade of 2938. A letter from the Program Analyst, Committee on Transportation and Infra- Lieutenant General on the retired list; to the FAA, Department of Transportation, trans- structure. Committee on Armed Services. mitting the Department’s final rule—Air- 2947. A letter from the Program Analyst, 2928. A letter from the Secretary, Depart- worthiness Directives; Dassault Model Fal- FAA, Department of Transportation, trans- ment of Defense, transmitting a letter on the con 10 Series Airplanes [Docket No. 2001–NM– mitting the Department’s final rule—Air- approved retirement of Lieutenant General 191–AD; Amendment 39–12291; AD 2001–13–11] worthiness Directives; Airbus Model A330– Lawson W. Magruder III, United States (RIN: 2120–AA64) received July 9, 2001, pursu- 301, –321, –322, and –342 Series Airplanes and Army, and his advancement to the grade of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airbus Model A340 Series Airplanes [Docket Lieutenant General on the retired list; to the on Transportation and Infrastructure. No. 2000–NM–182–AD; Amendment 39–12202; Committee on Armed Services. 2939. A letter from the Program Analyst, AD 2001–08–25] (RIN: 2120–AA64) received July 2929. A letter from the Secretary, Depart- FAA, Department of Transportation, trans- 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Defense, transmitting a letter on the mitting the Department’s final rule—Air- the Committee on Transportation and Infra- approved retirement of Lieutenant General worthiness Directives; Dornier Model 328–300 structure. William M. Steele, United States Army, and Series Airplanes [Docket No. 2000–NM–339– 2948. A letter from the Program Analyst, his advancement to the grade of Lieutenant AD; Amendment 39–12288; AD 2001–13–08] FAA, Department of Transportation, trans- General on the retired list; to the Committee (RIN: 2120–AA64) received July 9, 2001, pursu- mitting the Department’s final rule—Air- on Armed Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; DG Flugzeugbau 2930. A letter from the Chairman, Council on Transportation and Infrastructure. GmbH Model DG–500MB Sailplanes [Docket of the District of Columbia, transmitting a 2940. A letter from the Program Analyst, No. 99–CE–89–AD; Amendment 39–12137; AD copy of D.C. ACT 14–85, ‘‘Fiscal Year 2002 FAA, Department of Transportation, trans- 2001–05–01] (RIN: 2120–AA64) received July 16, Budget Support Act of 2001’’ received July 17, mitting the Department’s final rule—Air- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2001, pursuant to D.C. Code section 1– worthiness Directives; Saab Model SAAB Committee on Transportation and Infra- 233(c)(1); to the Committee on Government 2000 Series Airplanes [Docket No. 2001–NM– structure. Reform. 12–AD; Amendment 39–12290; AD 2001–13–10] 2949. A letter from the Program Analyst, 2931. A letter from the Chairman, Council (RIN: 2120–AA64) received July 9, 2001, pursu- FAA, Department of Transportation, trans- of the District of Columbia, transmitting a ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule—Air- copy of D.C. ACT 14–89, ‘‘Independence of the on Transportation and Infrastructure. worthiness Directives; DG Flugzeugbau July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4111 GmbH Model DG–800B Sailplanes [Docket H.R. 2509. A bill to authorize the Secretary H.R. 2517. A bill to reauthorize the Export- No. 99–CE–67–AD; Amendment 39–12166; AD of the Treasury to produce currency, postage Import Bank of the United States, and for 2001–07–01] (RIN: 2120–AA64) received July 16, stamps, and other security documents at the other purposes; to the Committee on Finan- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the request of foreign governments, and security cial Services. Committee on Transportation and Infra- documents at the request of the individual By Mr. BOEHLERT (for himself and structure. States of the United States, or any political Mr. UDALL of Colorado): 2950. A letter from the Program Analyst, subdivision thereof, on a reimbursable basis; H.R. 2518. A bill to establish a pilot pro- FAA, Department of Transportation, trans- to the Committee on Financial Services. gram within the Department of Energy to fa- mitting the Department’s final rule—Air- By Mr. KING (for himself and Mrs. cilitate the use of alternative fuel school worthiness Directives; VALENTIN GmbH MALONEY of New York) (both by re- buses through grants for energy demonstra- Model 17E Sailplanes [Docket No. 2001–CE– quest): tion and commercial application of energy 05–AD; Amendment 39–12145; AD 2001–05–08] H.R. 2510. A bill to extend the expiration technology, and for other purposes; to the (RIN: 2120–AA64) received July 16, 2001, pur- date of the Defense Production Act of 1950, Committee on Science, and in addition to suant to 5 U.S.C. 801(a)(1)(A); to the Com- and for other purposes; to the Committee on the Committee on Energy and Commerce, for mittee on Transportation and Infrastruc- Financial Services. a period to be subsequently determined by ture. By Mr. MCCRERY: the Speaker, in each case for consideration H.R. 2511. A bill to amend the Internal Rev- of such provisions as fall within the jurisdic- f enue Code of 1986 to provide tax incentives to tion of the committee concerned. REPORTS OF COMMITTEES ON encourage energy conservation, energy reli- By Mr. CHABOT (for himself and Mr. DELAHUNT): PUBLIC BILLS AND RESOLUTIONS ability, and energy production; to the Com- mittee on Ways and Means. H.R. 2519. A bill to allow media coverage of Under clause 2 of rule XIII, reports of By Mr. HINOJOSA (for himself, Mr. court proceedings; to the Committee on the committees were delivered to the Clerk FROST, Mr. FILNER, Mr. REYES, Mr. Judiciary. By Mr. DOGGETT (for himself, Mr. for printing and reference to the proper RODRIGUEZ, Mr. ORTIZ, Mr. GONZALEZ, RANGEL, Mr. STARK, Mr. MATSUI, Mr. calendar, as follows: and Mr. PASTOR): H.R. 2512. A bill to authorize additional ap- COYNE, Mr. LEVIN, Mr. MCDERMOTT, Mr. KOLBE: Committee on Appropriations. propriations for the United States Customs Mr. KLECZKA, Mr. LEWIS of Georgia, H.R. 2506. A bill making appropriations for Service for personnel, technology, and infra- Mr. NEAL of Massachusetts, Mr. foreign operations, export financing, and re- structure to expedite the flow of legal com- MCNULTY, Mr. JEFFERSON, Mr. lated programs for the fiscal year ending mercial and passenger traffic along the BECERRA, Mrs. THURMAN, Mr. ALLEN, September 30, 2002, and for other purposes Southwest land border, and for other pur- Mr. BONIOR, Mr. HINCHEY, Mr. (Rept. 107–142). Referred to the Committee of poses; to the Committee on Ways and Means. MCGOVERN, Mr. GEORGE MILLER of the Whole House on the State of the Union. By Mr. ALLEN (for himself, Mr. California, Ms. SANCHEZ, Ms. Mr. SENSENBRENNER: Committee on the BALDACCI, and Mr. SANDERS): SCHAKOWSKY, Mr. TIERNEY, and Mrs. Judiciary. House Concurrent Resolution 62. H.R. 2513. A bill to amend title XI of the JONES of Ohio): Resolution expressing the sense of Congress Social Security Act to clarify that the Sec- H.R. 2520. A bill to amend the Internal Rev- that the George Washington letter to Tuoro retary of Health and Human Services has the enue Code of 1986 to curb tax abuses by dis- Synagogue in Newport, Rhode Island, which authority to treat certain State payments allowing tax benefits claimed to arise from is on display at the B’nai B’rith Klutznick made in an approved demonstration project transactions without substantial economic National Jewish Museum in Washington, as medical assistance under the Medicaid substance, and for other purposes; to the D.C., is one of the most significant early Program for purposes of a rebate agreement Committee on Ways and Means. statements buttressing the nascent Amer- under section 1927 of the Social Security Act, By Mr. CLEMENT (for himself and Mr. ican constitutional guarantee of religious and for other purposes; to the Committee on HILLEARY): H.R. 2521. A bill to permit States to place freedom; with an amendment (Rept. 107–143). Energy and Commerce. supplemental guide signs relating to vet- Referred to the House Calendar. By Mr. ALLEN: Ms. PRYCE of Ohio: Committee on Rules. H.R. 2514. A bill to provide for erans cemeteries on Federal-aid highways; to the Committee on Transportation and Infra- House Resolution 196. Resolution providing burdensharing contributions from allied and structure. for consideration of the bill (H.R. 7) to pro- other friendly foreign countries for the costs By Mr. COBLE (for himself and Mr. vide incentives for charitable contributions of deployment of any United States missile BERMAN) (both by request): by individuals and businesses, to improve the defense system that is designed to protect effectiveness and efficiency of government H.R. 2522. A bill to make improvements in those countries from ballistic missile attack; the operation and administration of the Fed- program delivery to individuals and families to the Committee on International Rela- in need, and to enhance the ability of low-in- eral courts, and for other purposes; to the tions, and in addition to the Committees on Committee on the Judiciary, and in addition come Americans to gain financial security Armed Services, and the Budget, for a period to the Committee on Education and the by building assets (Rept. 107–144). Referred to to be subsequently determined by the Speak- Workforce, for a period to be subsequently the House Calendar. er, in each case for consideration of such pro- determined by the Speaker, in each case for f visions as fall within the jurisdiction of the consideration of such provisions as fall with- committee concerned. in the jurisdiction of the committee con- PUBLIC BILLS AND RESOLUTIONS By Mr. BAKER (for himself and Mr. cerned. Under clause 2 of rule XII, public SCHROCK): By Mr. CUMMINGS (for himself, Mrs. bills and resolutions were introduced H.R. 2515. A bill to amend title 32, United JONES of Ohio, Mr. WYNN, Ms. NOR- States Code, to remove the limitation on the and severally referred, as follows: TON, Mr. STUPAK, Mr. LATOURETTE, use of defense funds for the National Guard Ms. MCKINNEY, Mr. GREEN of Texas, By Mr. LANTOS (for himself, Mr. civilian youth opportunities program, to Mr. OWENS, Mrs. MINK of Hawaii, Mr. HYDE, Mr. STUMP, Mr. SKELTON, Mr. lessen the matching funds requirements KUCINICH, Mr. DAVIS of Illinois, and COX, Mr. HOEFFEL, Mr. KING, Mr. under the program, and for other purposes; Mr. JEFFERSON): TANCREDO, Mr. SHERMAN, Mr. to the Committee on Armed Services. H.R. 2523. A bill to eliminate certain in- FALEOMAVAEGA, Mr. CUNNINGHAM, Mr. By Mr. BARRETT (for himself, Mr. equities in the Civil Service Retirement Sys- MENENDEZ, Mrs. JO ANN DAVIS of Vir- BOUCHER, Mr. BROWN of Ohio, Mrs. tem and the Federal Employees’ Retirement ginia, and Mr. ROHRABACHER): CAPPS, Mr. DINGELL, Mr. DOYLE, Mr. System with respect to the computation of H.R. 2507. A bill to prohibit payment by the ENGEL, Mr. LUTHER, Ms. MCCARTHY of benefits for law enforcement officers, fire- United States Government of any request or Missouri, Mr. MARKEY, Mr. PALLONE, fighters, air traffic controllers, nuclear ma- claim by the Government of the People’s Re- Mr. RUSH, Mr. STRICKLAND, Mr. terials couriers, members of the Supreme public of China for reimbursement of the TOWNS, and Mr. WAXMAN): Court and Capitol police, and their survivors, costs associated with the United States Navy H.R. 2516. A bill to enhance the Federal and for other purposes; to the Committee on EP–3 aircraft that was forced to land on Hai- Government’s leadership role in energy effi- Government Reform. nan Island, China, on April 1, 2001; to the ciency by requiring Federal agencies to ac- By Mr. DICKS: Committee on International Relations. quire central air conditioners and heat H.R. 2524. A bill to provide for the use and By Mr. SMITH of Michigan: pumps that meet or exceed certain efficiency distribution of the funds awarded to the H.R. 2508. A bill to authorize a plant patho- standards; to the Committee on Government Quinault Indian Nation under United States gen genomics research program at the De- Reform, and in addition to the Committee on Claims Court Dockets 772–71, 773–71, 774–71, partment of Agriculture to reduce the eco- Energy and Commerce, for a period to be and 775–71, and for other purposes; to the nomic impact of plant pathogens on com- subsequently determined by the Speaker, in Committee on Resources. mercially important crop plants; to the each case for consideration of such provi- By Mr. LINDER (for himself, Mr. PE- Committee on Agriculture. sions as fall within the jurisdiction of the TERSON of Minnesota, Mr. YOUNG of By Mr. KING (for himself and Mrs. committee concerned. Alaska, Mr. HALL of Texas, Mr. LEWIS MALONEY of New York) (both by re- By Mr. BEREUTER (for himself and of California, Mr. BARCIA, Mr. quest): Mr. SANDERS): BONILLA, and Mr. CONDIT): H4112 CONGRESSIONAL RECORD — HOUSE July 17, 2001 H.R. 2525. A bill to promote freedom, fair- ices, and for other purposes; to the Com- Concurrent Resolution No. 143 memorializing ness, and economic opportunity by repealing mittee on Energy and Commerce. the United States Congress to assist the Fed- the income tax and other taxes, abolishing By Mr. STEARNS: eral Trade Commission in preventing the the Internal Revenue Service, and enacting a H.R. 2536. A bill to amend the Communica- sale of crawfish and catfish imported from national sales tax to be administered pri- tions Act of 1934 to reduce restrictions on Asia and Spain at prices with which Lou- marily by the States; to the Committee on media ownership, and for other purposes; to isiana producers cannot complete; to the Ways and Means. the Committee on Energy and Commerce. Committee on Energy and Commerce. By Mr. GOODLATTE (for himself, Mr. By Mr. UDALL of New Mexico (for 158. Also, a memorial of the Legislature of BOUCHER, and Mr. COX): himself, Mr. FLAKE, Mr. WU, Ms. the State of Texas, relative to House Concur- H.R. 2526. A bill to make permanent the HART, Mr. BONIOR, Mr. MOORE, Mr. rent Resolution No. 8 memorializing the moratorium enacted by the Internet Tax WEINER, and Mr. UDALL of Colorado): United States Congress to increase funding Freedom Act, and for other purposes; to the H.R. 2537. A bill to provide for the appoint- for research by the National Institutes of Committee on the Judiciary. ment of an Assistant United States Attorney Health for the treatment and cure of By Mr. KIND (for himself, Mr. ISAKSON, for each judicial district for the purpose of Duchenne and Becker muscular dystrophy; Mrs. MCCARTHY of New York, Mrs. prosecuting firearms offenses; to the Com- to the Committee on Energy and Commerce. BIGGERT, Mr. ANDREWS, Mr. PETRI, mittee on the Judiciary. 159. Also, a memorial of the Legislature of and Mr. KLECZKA): By Mr. UDALL of New Mexico: the State of Texas, relative to Senate Con- H.R. 2527. A bill to provide grants for train- H.R. 2538. A bill to amend the Small Busi- current Resolution No. 34 memorializing the ing of realtime court reporters and closed ness Act to expand and improve the assist- United States Congress to support the Min- captioners to meet the requirements for ance provided by Small Business Develop- erals Management Service plan to proceed closed captioning set forth in the Tele- ment Centers to Indian tribe members, Na- with the Outer Continental Shelf Lease Sale communications Act of 1996; to the Com- tive Alaskans, and Native Hawaiians; to the 181 for the eastern Gulf of Mexico scheduled mittee on Education and the Workforce. Committee on Small Business. for December 5, 2001; to the Committee on By Mr. KOLBE: By Mr. WATKINS: Resources. H.R. 2539. A bill to amend the Internal Rev- H.R. 2528. A bill to modernize the legal ten- 160. Also, a memorial of the Legislature of enue Code of 1986 to allow the low-income der of the United States, and for other pur- the State of Texas, relative to Senate Con- housing credit without regard to whether poses; to the Committee on Financial Serv- current Resolution No. 12 memorializing the moderate rehabilitation assistance is pro- ices. United States Congress to authorize an addi- vided with respect to a building; to the Com- By Mr. NEAL of Massachusetts (for tional 18 federal judges and commensurate mittee on Ways and Means. himself and Mr. MATSUI): staff to handle the current and anticipated By Mr. HUNTER (for himself and Mr. H.R. 2529. A bill to amend the Internal Rev- caseloads along the United States-Mexico SPRATT): enue Code of 1986 to provide a revenue-neu- border and to fully reimburse local govern- tral simplification of the individual income H. Res. 195. A resolution commending the United States military and defense con- ments for the costs incurred in prosecuting tax; to the Committee on Ways and Means. tractor personnel responsible for the success- and incarcerating federal defendants; to the By Ms. ROS-LEHTINEN (for herself, ful in-flight ballistic missile defense inter- Committee on the Judiciary. Mr. SMITH of New Jersey, Mr. ceptor test on July 14, 2001, and for other 161. Also, a memorial of the Legislature of TANCREDO, Ms. MCKINNEY, Mr. purposes; to the Committee on Armed Serv- the State of Louisiana, relative to House CHABOT, and Mr. BROWN of Ohio): ices. considered and agreed to. Concurrent Resolution No. 152 memorializing H.R. 2530. A bill to prohibit issuance of a the United States Congress to adopt legisla- visa to any citizen of the People’s Republic By Ms. PRYCE of Ohio: H. Res. 196. A resolution providing for con- tion authorizing states to opt out of the fed- of China who participates in or otherwise sideration of the bill (H.R. 7) to provide in- eral-aid highway program; to the Committee supports the harvesting, transplantation, or centives for charitable contributions by indi- on Transportation and Infrastructure. trafficking of organs of executed Chinese viduals and businesses, to improve the effec- 162. Also, a memorial of the Legislature of prisoners, and for other purposes; to the tiveness and efficiency of government pro- the State of Louisiana, relative to House Committee on the Judiciary. gram delivery to individuals and families in Concurrent Resolution No. 188 memorializing By Ms. SCHAKOWSKY (for herself, Mr. need, and to enhance the ability of low-in- the United States Congress to support House SANDERS, Mr. GUTIERREZ, Mr. JACK- come Americans to gain financial security Resolution 527 making changes to Section SON of Illinois, Mrs. CLAYTON, Mr. by building assets. 527 of the Internal Revenue Code to exempt HINCHEY, Ms. NORTON, Mr. PAYNE, By Mr. BARRETT (for himself, Mr. certain state and local political committees Mr. DAVIS of Illinois, Ms. MCKINNEY, BARR of Georgia, Mr. HILLEARY, Mr. which are required to report contributions Mr. RUSH, Ms. JACKSON-LEE of Texas, HOSTETTLER, Mr. REHBERG, Mr. PAUL, and expenditures pursuant to local or state Mr. DEFAZIO, Ms. WATERS, Mr. JEF- Mr. REYNOLDS, Mr. ADERHOLT, and law; to the Committee on Ways and Means. FERSON, and Mr. FILNER): Mr. SCHAFFER): 163. Also, a memorial of the Legislature of H.R. 2531. A bill to amend the Truth in H. Res. 197. A resolution urging the Presi- the State of Louisiana, relative to House Lending Act, the Revised Statutes of the dent to reject any decree, proclamation, or Concurrent Resolution No. 140 memorializing United States, the Home Mortgage Disclo- treaty adopted by the United Nations Con- the United States Congress to act at once to sure Act of 1975, and the amendments made ference on Small Arms and Light Weapons provide for advanced and increased funding by the Home Ownership and Equity Protec- which would infringe on the right of United of the Weatherization Assistance Program tion Act of 1994 to protect consumers from States citizens under the 2nd amendment to for Low-Income Persons and the Low-Income predatory lending practices, and for other the Constitution; to the Committee on the Home Energy Assistance Program, so as to purposes; to the Committee on Financial Judiciary, and in addition to the Committee enable the programs to engage in planning Services. on International Relations, for a period to be their work more efficiently and engaging and By Mr. SMITH of Michigan: subsequently determined by the Speaker, in retaining qualified employees; jointly to the H.R. 2532. A bill to provide for the estab- each case for consideration of such provi- Committees on Energy and Commerce and lishment of regional plant genome and gene sions as fall within the jurisdiction of the Education and the Workforce. expression research and development cen- committee concerned. ters; to the Committee on Agriculture. f By Mrs. DAVIS of California: By Mr. SMITH of Michigan: H. Res. 198. A resolution congratulating ADDITIONAL SPONSORS H.R. 2533. A bill to amend the Federal Elec- Tony Gwynn on the announcement of his re- Under clause 7 of rule XII, sponsors tion Campaign Act of 1971 to reduce the in- tirement from the San Diego Padres and fluence of political action committees in were added to public bills and resolu- from Major League Baseball; to the Com- tions as follows: elections for Federal office, and for other mittee on Government Reform. purposes; to the Committee on House Admin- H.R. 20: Mr. BASS. istration. f H.R. 28: Mr. LARSON of Connecticut and Mr. By Ms. SOLIS (for herself and Mr. MEMORIALS LANTOS. SCHIFF): H.R. 31: Mr. WALDEN of Oregon. H.R. 2534. A bill to authorize the Secretary Under clause 3 of rule XII, memorials H.R. 41: Mr. NUSSLE and Mr. SIMPSON. of the Interior to conduct a special resource were presented and referred as follows: H.R. 64: Mr. BARTLETT of Maryland. study of the Lower Los Angeles River and 156. The SPEAKER presented a memorial H.R. 68: Mr. THORNBERRY, Mr. TANCREDO, San Gabriel River watersheds in the State of of the Legislature of the State of Texas, rel- Mr. BLAGOJEVICH, Mr. FRANK, Mr. DEUTSCH, California, and for other purposes; to the ative to House Concurrent Resolution No. 201 and Mr. BRADY of Pennsylvania. Committee on Resources. memorializing the United States Congress to H.R. 91: Mr. KILDEE and Mr. CALVERT. By Mr. STEARNS: take appropriate action to prevent further H.R. 163: Mrs. MALONEY of New York. H.R. 2535. A bill to permit wireless carriers desecration of the SS Leopoldville or any of H.R. 175: Mr. TOOMEY. to obtain sufficient spectrum to meet the its contents; to the Committee on Armed H.R. 218: Mrs. CAPPS and Mr. BACHUS. growing demand for existing services and en- Services. H.R. 261: Mrs. DAVIS of California. sure that such carriers have the spectrum 157. Also, a memorial of the Legislature of H.R. 267: Mr. THOMPSON of California, Mr. they need to deploy fixed and advanced serv- the State of Louisiana, relative to House SHUSTER, and Mr. CROWLEY. July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4113

H.R. 281: Mr. KLECZKA, Ms. ESHOO, and Mr. H.R. 1266: Mr. BRADY of Pennsylvania, Mr. H.R. 1795: Mr. FLAKE, Mr. WEXLER, Mr. LAMPSON. MORAN of Virginia, Mr. MCDERMOTT, Mr. FRANK, Mr. REYNOLDS, Ms. WOOLSEY, Mr. H.R. 288: Mr. PRICE of North Carolina. SAWYER, Mr. SCOTT, Mr. SMITH of Michigan, HOLT, and Mr. SANDLIN. H.R. 303: Mr. DEMINT. Mr. KENNEDY of Rhode Island, Mr. LAHOOD, H.R. 1810: Mr. NADLER. H.R. 326: Mr. INSLEE. and Mr. NEAL of Massachusetts. H.R. 1822: Mr. MEEKS of New York, Mr. H.R. 356: Mr. WAMP H.R. 1274: Mrs. DAVIS of California. BLAGOJEVICH, and Mr. MURTHA. H.R. 394: Ms. SANCHEZ, Ms. BERKLEY, Mr. H.R. 1304: Mr. SESSIONS and Mr. KING. H.R. 1835: Mr. HASTINGS of Washington, Mr. MASCARA, Mr. PICKERING, and Mr. RILEY. H.R. 1316: Mr. LARGENT. HAYWORTH, Mr. TERRY, Mr. FILNER, and Ms. H.R. 429: Mr. LEVIN. H.R. 1338: Mr. CANTOR. ROYBAL-ALLARD. H.R. 436: Mr. PAYNE and Mr. NADLER. H.R. 1340: Mr. BRADY of Pennsylvania and H.R. 1839: Mr. STUPAK and Mr. KIND. H.R. 491: Mr. EVANS, Mr. SCHROCK, Mrs. Mrs. MALONEY of New York. H.R. 1856: Mr. JEFFERSON. MINK of Hawaii, Mr. INSLEE, and Ms. BROWN H.R. 1348: Mr. VISCLOSKY. H.R. 1861: Mr. MCDERMOTT. of Florida. H.R. 1366: Ms. WATSON. H.R. 1862: Mr. HINCHEY and Mr. KILDES. H.R. 527: Mrs. MORELLA. H.R. 1367: Mr. MCDERMOTT. H.R. 1864: Mr. CASTLE, Mr. PICKERING, and H.R. 572: Mr. TIERNEY and Mr. JEFFERSON. H.R. 1377: Mr. HASTINGS of Washington, Mr. Mr. BLAGOJEVICH. H.R. 602: Mr. TOM DAVIS of Virginia. STRICKLAND, Mr. HALL of Ohio, Mr. H.R. 1882: Mr. KILDEE. H.R. 612: Mr. BARRETT. LANGEVIN, Mr. HANSEN, and Mr. HILLEARY. H.R. 1911: Mr. SANDERS. H.R. 619: Ms. JACKSON-LEE of Texas and Ms. H.R. 1383: Mr. ENGLISH, Mr. PASCRELL, Mr. H.R. 1928: Mr. KILDEE. DELAURO. TIAHRT, Ms. HARMAN, and Mrs. MALONEY of H.R. 1949: Mr. CALVERT and Mr. FRANK. H.R. 649: Mr. BROWN of South Carolina. New York. H.R. 1975: Mr. TOOMEY and Mr. RYUN of H.R. 656: Mrs. THURMAN and Mr. JEFFER- H.R. 1401: Mr. LANTOS and Mr. ROGERS of Kansas. SON. Kentucky. H.R. 1990: Mr. TIERNEY and Mr. CUMMINGS. H.R. 664: Ms. SANCHEZ, Mr. HONDA, Mr. H.R. 1406: Mr. BALDACCI. H.R. 1996: Ms. DELAURO. BOYD, Mrs. NAPOLITANO, Mr. CARDIN, and Mr. H.R. 1433: Mr. MCDERMOTT. H.R. 2005: Mr. KILDEE. UNDERWOOD. H.R. 1436: Mr. REYES, Mr. DICKS, Mr. NAD- H.R. 2023: Mr. LAHOOD, Mr. KOLBE, Mr. TOM H.R. 668: Mrs. WILSON and Mr. KENNEDY of LER, Ms. ROYBAL-ALLARD, Mr. LATOURETTE, DAVIS of Virginia, Mrs. JO ANN DAVIS of Vir- Minnesota. Mr. SHIMKUS, Mrs. CHRISTENSEN, Mr. LEVIN, ginia, Mr. BARR of Georgia, Mrs. CUBIN, Mr. H.R. 677: Mr. MCKINNEY, Mr. MCDERMOTT, Mr. BRADY of Pennsylvania, Mr. SAXTON, and POMBO, Mr. BONILLA, Mr. ISAKSON, and Mr. and Mr. BOUCHER. Mr. LAMPSON. DREIER. H.R. 686: Mr. CONYERS. H.R. 1490: Mr. FARR of California, Mr. MUR- H.R. 2073: Ms. MCKINNEY, Mr. PAUL, and H.R. 690: Mr. JACKSON of Illinois and Mrs. THA, Mr. CHAMBLISS, Mr. DEAL of Georgia, Ms. ROYBAL-ALLARD. CLAYTON. Ms. MCKINNEY, Mr. BISHOP, and Mr. MCGOV- H.R. 2074: Mr. SANDERS and Ms. SOLIS. H.R. 702: Mr. SMITH of Washington. ERN. H.R. 2098: Mr. ENGEL. H.R. 710: Mr. PETERSON of Pennsylvania. H.R. 1509: Mr. TURNER, Mr. TOM DAVIS of H.R. 2110: Mr. KILDEE. H.R. 717: Mr. WATT of North Carolina. Virginia, Mr. TERRY, Mr. FROST, Mr. H.R. 2117: Mr. MORAN of Virginia and Mr. H.R. 737: Mr. PLATTS. KUCINICH, and Mr. PLATTS. HAYWORTH. H.R. 751: Mr. PASTOR. H.R. 1510: Mr. PETERSON of Pennsylvania, H.R. 2121: Mr. FALEOMAVAEGA, Ms. KAPTUR, H.R. 752: Mr. JEFFERSON. Mr. NUSSLE, Mr. MILLER of Florida, Mr. CAN- Mr. SHERMAN, Mr. FROST, Mr. HOEFFEL, and H.R. 778: Mr. HOYER. TOR, and Mr. CRENSHAW. Mr. HILLIARD. H.R. 781: Mr. THOMPSON of California, Mr. H.R. 1520: Mr. WU, Mrs. CAPPS, and Mr. H.R. 2125: Mr. HINCHEY, Mr. MEEKS of New JEFFERSON, Mr. LUTHER, and Mr. UDALL of LAMPSON. York, Ms. NORTON, and Mr. CRAMER. Colorado. H.R. 1522: Mr. BONILLA, Mr. CARDIN, and H.R. 2134: Mr. KILDEE. H.R. 792: Ms. ROS-LEHTINEN, Mr. CRAMER, Mr. TIERNEY. H.R. 2145: Mr. KUCINICH and Mr. CONYERS. Mr. GRAHAM, Mr. BROWN of South Carolina, H.R. 1524: Mr. KELLER. H.R. 2147: Mr. RANGEL, Mr. WATKINS, and Mr. BISHOP, Mr. WELLER, and Mr. SOUDER. H.R. 1556: Ms. RIVERS, Mr. GORDON, Mr. Mr. HERGER. H.R. 817: Mr. FARR of California. LAHOOD, Mr. GUTIERREZ, Mr. WAXMAN, Mr. H.R. 2157: Mr. HINCHEY and Mr. UDALL of H.R. 822: Mr. BLAGOJEVICH, Mrs. MINK of BLAGOJEVICH, Mr. HASTINGS of Florida, Mr. New Mexico. Hawaii, Ms. KAPTUR, and Mr. UDALL of New SAXTON, Mr. HOUGHTON, Mr. LAMPSON, Mrs. H.R. 2160: Mrs. JONES of Ohio and Mr. Mexico. CLAYTON, Mr. HOLT, Ms. BALDWIN, Mrs. BALDACCI. H.R. 840: Ms. LEE, Mr. NADLER, and Mr. THURMAN, and Mr. SHAYS. H.R. 2165: Mr. MCGOVERN, Mr. SCHROCK, DEFAZIO. H.R. 1581: Mr. NUSSLE. Mr. BRADY of Texas, Mr. LAHOOD, Ms. H.R. 862: Mr. SAWYER. H.R. 1592: Mr. TANCREDO. MCKINNEY, Mr. BARTLETT of Maryland, Mr. H.R. 870: Ms. JACKSON-LEE of Texas. H.R. 1609: Mr. BONILLA, Mr. SCHAFFER, Mr. BALLENGER, Mr. BILIRAKIS, Mr. BRYANT, Mr. H.R. 903: Mr. ENGLISH and Mr. GREENWOOD. LAHOOD, Mr. STUPAK, and Mr. FATTAH. BUYER, Mr. COBLE, Mr. CUNNINGHAM, Mr. GIB- H.R. 964: Mr. OLVER. H.R. 1624: Mrs. MINK of Hawaii, Mr. HONDA, BONS, Mr. GRAHAM, Mr. HILLEARY, Mr. HOB- H.R. 967: Mr. HONDA. and Mr. MORAN of Kansas. SON, Mrs. JOHNSON of Connecticut, Mr. SAM H.R. 981: Mr. LUCAS of Oklahoma. H.R. 1629: Ms. HART, Ms. BERKLEY, Ms. JOHNSON of Texas, Mr. OXLEY, Mr. PITTS, Mr. H.R. 986: Mrs. THURMAN and Mr. SMITH of MCKINNEY, Mr. GEORGE MILLER of California, RYUN of Kansas, Mr. SAXTON, Mr. SIMMONS, Michigan. Mrs. CAPITO, Mr. MATHESON, Mr. LANTOS, Ms. and Mr. SPRATT. H.R. 1013: Mr. POMEROY. NORTON, Ms. SCHAKOWSKY, and Mr. JEFFER- H.R. 2166: Mr. MATSUI, Mr. LEVIN, Mr. KIL- H.R. 1014: Mr. BORSKI, Mr. DAVIS of Illinois, SON. DEE, Mr. JEFFERSON, and Mr. MCGOVERN. Mr. JEFFERSON, Mr. LANGEVIN, Ms. ROYBAL- H.R. 1636: Mr. WELLER. H.R. 2173: Mr. WEINER, Mrs. THURMAN, and ALLARD, Mr. SHERMAN, and Mr. WYNN. H.R. 1645: Mr. MORAN of Virginia, Mr. Mr. BLAGOJEVICH. H.R. 1060: Mr. STARK. BONIOR, Mr. LARSON of Connecticut, and Mr. H.R. 2178: Ms. MCKINNEY. H.R. 1070: Mr. KUCINICH. LIPINSKI. H.R. 2211: Mr. SOUDER and Mr. SANDERS. H.R. 1073: Mrs. JO ANN DAVIS of Virginia, H.R. 1650: Mr. ENGLISH and Mrs. MALONEY H.R. 2222: Mr. FALEOMAVAEGA, Mr. GUTIER- Mr. HONDA, Mr. BOYD, and Mrs. NAPOLITANO. of New York. REZ, and Mr. MEEKS of New York. H.R. 1077: Mrs. CLAYTON. H.R. 1673: Mr. MEEKS of New York. H.R. 2223: Mr. GEORGE MILLER of Cali- H.R. 1089: Mrs. MALONEY of New York. H.R. 1675: Mr. CALVERT and Mr. KOLBE. fornia, Mr. FROST, Mr. SCHIFF, and Mr. H.R. 1090: Mr. BLAGOJEVICH, Mr. LAHOOD, H.R. 1700: Ms. BROWN of Florida, Mr. SANDLIN. Mr. GEORGE MILLER of California, Mr. BLAGOJEVICH, Mr. OBEY, Ms. MCKINNEY, Mr. H.R. 2229: Mr. FOLEY and Mr. COOKSEY. SANDLIN, and Mr. UDALL of Colorado. MCDERMOTT, Mr. ALLEN, and Mr. COSTELLO. H.R. 2235: Mr. BAKER and Mr. GRAHAM. H.R. 1093: Mr. UDALL of New Mexico. H.R. 1701: Mr. GOODLATTE, Mr. GILLMOR, H.R. 2240: Mr. PUTNAM, Mr. DAVIS of Flor- H.R. 1094: Mr. UDALL of New Mexico. and Mr. JOHN. ida, Ms. BROWN of Florida, Ms. ROS- H.R. 1110: Mr. LATHAM, Mr. BARTLETT of H.R. 1707: Mr. HONDA. LEHTINEN, and Mrs. THURMAN. Maryland, Mr. DEMINT, Mr. FLETCHER, and H.R. 1708: Mr. MCGOVERN, Mr. STUPAK, Mr. H.R. 2243: Mr. JEFFERSON, Mr. MEEKS of Mrs. WILSON. STRICKLAND, and Mr. BRADY of Pennsylvania. New York, and Ms. NORTON. H.R. 1112: Ms. ROYBAL-ALLARD. H.R. 1718: Mr. ABERCROMBIE, Mr. DEUTSCH, H.R. 2259: Mr. WATTS of Oklahoma. H.R. 1134: Mr. MCHUGH. Mr. TIERNEY, Mr. WEXLER, Ms. ESHOO, Mr. H.R. 2272: Mr. HILLIARD, Mr. EHLERS, and H.R. 1152: Mr. FARR of California and Ms. LANGEVIN, Mr. PASTOR, Mr. LEVIN, Mr. BENT- Mr. CAPUANO. LOFGREN. SEN, Mr. SKELTON, Mr. UNDERWOOD, and Mr. H.R. 2281: Ms. ROYBAL-ALLARD, Mr. H.R. 1170: Mr. SMITH of Washington, Mr. PETERSON of Minnesota. COSTELLO, Mr. HILLIARD, and Mr. LAMPSON. ISRAEL, Mr. BENTSEN, and Mr. LAMPSON. H.R. 1733: Mr. FILNER and Mrs. CLAYTON. H.R. 2293: Mr. KELLER. H.R. 1182: Mr. LEWIS of Kentucky and Mr. H.R. 1744: Mr. HOLDEN, Mr. TIERNEY, and H.R. 2294: Mrs. DAVIS of California, Mr. NEAL of Massachusetts. Mr. BONIOR. HINCHEY, Mr. KILDEE, Mr. BONIOR, and Ms. H.R. 1186: Mr. HORN and Mr. HONDA. H.R. 1775: Mr. BRADY of Texas. MCKINNEY. H.R. 1198: Mr. MATSUI. H.R. 1779: Mr. SHAYS, Mr. FILNER, Ms. ROY- H.R. 2310: Mr. SANDERS and Mr. MALONEY H.R. 1265: Mr. HONDA. BAL-ALLARD, and Mr. OWENS. of Connecticut. H4114 CONGRESSIONAL RECORD — HOUSE July 17, 2001

H.R. 2326: Mr. UDALL of Colorado, Mr. of Justice to propose, issue, consider, ana- (2) after June 25, 2001—— ISAKSON, Ms. MCCARTHY of Missouri, Mr. lyze, or implement any revision, of Office of (a) requests discretionary relief under sec- SCHIFF, and Mr. GRUCCI. Management and Budget Circular No. A–102. tion 212(c) of the Immigration and Nation- H.R. 2327: Mr. TERRY and Mrs. CUBIN. H.R. 2500 ality Act (as in effect at the time of the H.R. 2328: Ms. NORTON. alien’s plea agreement) on the ground that OFFERED BY: MR. DELAHUNT H.R. 2329: Mr. SANDERS, Mr. MCDERMOTT, the opinion of the Supreme court of the AMENDMENT NO. 16: At the end of the bill, Mr. JEFFERSON, Mr. CHAMBLISS, Mr. MCIN- United States rendered in Immigration and insert after the last title (preceding the TYRE, Mr. WEINER Mr. HONDA, Mr. ENGEL, Naturalization Service v. St. Cyr, 533 U.S. short title) the following: and Mr. MEEHAN. ——(2001) renders the alien eligible to seek H.R. 2339: Mr. ISAKSON and Mr. KILDEE. TITLE VIII—ADDITIONAL GENERAL such relief; and H.R. 2340: Mr. BONIOR. PROVISIONS (B) has not received a final order of re- H.R. 2348: Mr. WEXLER, Mr. WYNN, Ms. KIL- SEC. 801. None of the funds made available moval, deportation, or exclusion upon denial PATRICK, Mr. KENNEDY of Rhode Island, Mr. in this Act may be used after December 15, of such request. UDALL of Colorado, Mr. BACA, Mr. LAMPSON, 2001, for any operation of the Office of Inde- and Mr. LANGEVIN. H.R. 2500 pendent Counsel in the investigation des- H.R. 2349: Mr. CARDIN, Ms. NORTON, Mr. OFFERED BY: MS. JACKSON-LEE OF TEXAS WYNN, Mr. JEFFERSON, Ms. SOLIS, and Mr. ignated ‘‘In re: Henry G. Cisneros’’. AMENDMENT NO. 22: Page 108, after line 22, PRICE of North Carolina. H.R. 2500 insert the following: H.R. 2378: Mr. WEXLER. OFFERED BY: MR. DELAY H.R. 2379: Mr. HINCHEY, Mr. OXLEY, Mr. TITLE VIII—ADDITIONAL GENERAL AMENDMENT NO. 17: Page 108, after line 22, MEEKS of New York, and Ms. NORTON. PROVISIONS insert the following: H.R. 2390: Mr. PITTS. SEC. 801. Of the amount appropriated for TITLE VIII—ADDITIONAL GENERAL H.R. 2413: Mr. SANDERS, Mr. MINK of Ha- ‘‘Department of Justice, Juvenile Justice PROVISIONS waii, and Mr. SCHROCK. Programs’’, $2,000,000 shall be available only H.R. 2417: Mr. MCGOVERN, Ms. MCKINNEY, SEC. 801. None of the funds appropriated in for the City of Houston At-Risk Children’s Mr. TOWNS, Mr. JACKSON of Illinois, Mr. this Act may be used to negotiate or pay any Program of the At-Risk Children’s Program LUCAS of Kentucky, and Mrs. MINK of Ha- request or claim by the Government of the under title V of the Juvenile Justice and De- waii. People’s Republic of China for reimburse- linquency Prevention Act of 1974. H.R. 2435: Ms. HARMAN and Mr. TERRY. ment of the costs associated with the deten- H.R. 2500 H.R. 2438: Mr. BORSKI and Mr. KIRK. tion of the crewmembers of the United H.R. 2453: Ms. MCKINNEY and Mr. HILLIARD. States Navy EP–3 aircraft that was forced to OFFERED BY: MS. JACKSON-LEE OF TEXAS H.R. 2459: Mr. NADLER. H.R. 2494: Mr. BLAGOJEVICH, Ms. MCKINNEY, land on Hainan Island, China, on April 1, AMENDMENT NO. 23: Page 108, after line 22, and Mr. THOMPSON of California. 2001, or for reimbursement of any of the insert the following: H.R. 2505: Mr. WU. costs associated with the return of the air- TITLE VIII—ADDITIONAL GENERAL H.J. Res. 6: Mr. ENGEL. craft to the United States. PROVISIONS H. Con. Res. 17: Mr. HOLT and Mr. H.R. 2500 SEC. 801. The amounts otherwise provided LAMPSON. OFFERED BY: MR. HASTINGS OF FLORIDA by this Act are revised by reducing the H. Con. Res. 36: Mr. LIPINSKI, Mr. BAIRD, amount made available for ‘‘Salaries and Ex- Mr. DOGGETT, Mr. STUPAK, and Mr. DIAZ- AMENDMENT NO. 18: Page 45, line 21, after penses, General Administration, Department BALART. the dollar amount, insert the following: ‘‘(re- H. Con. Res. 42: Mrs. CAPPS. duced by $250,000)’’. of Justice’’, and increasing the amount made H. Con. Res. 58: Mr. SHERMAN. Page 46, line 16, after the dollar amount, available for ‘‘Salaries and Expenses, Com- H. Con. Res. 61: Mr. RUSH. insert the following: ‘‘(increased by $250,000, munity Relations Service, Department of H. Con. Res. 97: Mrs. ROUKEMA. for a grant to the City of Pahokee, Florida Justice’’, by $1,000,000. H. Con. Res. 102: Mr. SWEENEY, Mr. WATT of to assist in the dredging on the City Ma- H.R. 2500 North Carolina, Mr. HOEFFEL, Mr. BERMAN, rina)’’. OFFERED BY: MS. JACKSON-LEE OF TEXAS Mr. LEWIS of Kentucky, Mr. OLVER, Mr. H.R. 2500 ENGEL, and Mr. BONIOR. AMENDMENT NO. 24: Page 108, after line 22, OFFERED BY: MS. JACKSON-LEE OF TEXAS H. Con. Res. 166: Mr. FOLEY, Mr. GREEN of insert the following: AMENDMENT NO. 19: Page 72, line 5, imme- Wisconsin, Mr. HINCHEY, Ms. MILLENDER- TITLE VIII—ADDITIONAL GENERAL diately before the period insert the fol- MCDONALD, Mr. CARSON of Oklahoma Ms. PROVISIONS ROS-LEHTINEN, Mr. HONDA, Ms. NORTON, Mr. lowing: SEC. 801. Of the amounts made available : Provided further, That, notwithstanding any HILLIARD, Mr. SANDERS, and Ms. HOOLEY of under the heading ‘‘Immigration and Natu- other provision of law, of the amount made Oregon. ralization Service, Enforcement and Border H. Res. 152: Mr. INSLEE and Mr. MCHUGH. available under this heading, $7,800,000 shall Affairs’’, not less than $3,000,000 shall be used H. Res. 173: Ms. SLAUGHTER. be available to provide funds for legal rep- to make legal orientation presentations to H. Res. 191: Mr. SHERMAN, Mr. HOLT, and resentation for parents who are seeking the aliens being held in detention in order to im- Mr. SOUDER. return of children abducted to or from the prove deserving aliens’ access to relief, to in- United States under the Hague Convention f crease the efficiency of the immigration sys- on the Civil Aspects of International Child tem, and to reduce the overall cost of detain- AMENDMENTS Abduction ing aliens. Under clause 8 of rule XVIII, pro- H.R. 2500 H.R. 2500 posed amendments were submitted as OFFERED BY: MS. JACKSON-LEE OF TEXAS OFFERED BY: MS. JACKSON-LEE OF TEXAS follows: AMENDMENT NO. 20: Page 108, after line 22, H.R. 2500 insert the following: AMENDMENT NO. 25: Page 108, after line 22, insert the following: OFFERED BY: MR. BARTLETT OF MARYLAND TITLE VIII—ADDITIONAL GENERAL AMENDMENT NO. 14: At the end of the bill PROVISIONS TITLE VIII—ADDITIONAL GENERAL PROVISIONS (preceding the short title), insert the fol- SEC. 801. None of the funds appropriated in lowing: title I of this Act may be used to prohibit SEC. 801. Of the amounts made available TITLE VIII—ADDITIONAL GENERAL states from participating in voluntary child under the heading ‘‘Immigration and Natu- PROVISIONS safety gun lock programs. ralization Service, Enforcement and Border Affairs’’, $20,000,000 may be used for a pro- SEC. 801. None of the funds made available H.R. 2500 gram of alternatives to detention for aliens in this Act may be used to implement any OFFERED BY: MS. JACKSON-LEE OF TEXAS recommendation or requirement adopted at who are not a danger to the community and AMENDMENT NO. 21: At the end of the bill, the United Nations Conference on the Illicit are not likely to abscond. insert after the last section (preceding the Trade in Small Arms and Light Weapons in H.R. 2500 short title) the following: All Its Aspects (July 2001), except to the ex- OFFERED BY: MR. KERNS tent authorized pursuant to a law enacted TITLE VIII—ADDITIONAL GENERAL PROVISIONS AMENDMENT NO. 26: At the end of the bill after the date of the enactment of this Act. (preceding the short title), insert the fol- SEC. 801. None of the funds made available H.R. 2500 lowing: in this Act may be used to remove, deport, or OFFERED BY: MR. CONYERS exclude any alien from the United States TITLE VIII—ADDITIONAL GENERAL AMENDMENT NO. 15: At the end of the bill under the Immigration and Nationality Act PROVISIONS (before the short title), insert the following: for conviction of a crime if the alien—— SEC. 801. None of the funds made available TITLE VIII—ADDITIONAL GENERAL (1) before April 1, 1997, entered into a plea in this Act may be used in connection with PROVISIONS agreement under which the alien pled guilty any system to conduct background checks SEC. 801. None of the funds made available to the crime that renders the alien inadmis- on persons purchasing a firearm that pro- in this Act may be used by the Department sible or deportable; and vides for the retention of any information July 17, 2001 CONGRESSIONAL RECORD — HOUSE H4115 submitted under the system by, or on behalf H.R. 2500 in a Federal prison facility that is deemed of, each person determined under such sys- OFFERED BY: MR. OLVER overcrowded by Bureau of Prisons standards. tem not to be prohibited from receiving a AMENDMENT NO. 33: Page 107, beginning on H.R. 2500 firearm. line 21, strike section 623 (relating to Kyoto OFFERED BY: MR. TRAFICANT H.R. 2500 Protocol). AMENDMENT NO. 38. Page 108, after line 7, H.R. 2500 OFFERED BY: MRS. MALONEY OF NEW YORK insert the following new section: OFFERED BY: MR. OXLEY AMENDMENT NO. 27: Page 47, line 22, after SEC. ll. No funds appropriated or other- AMENDMENT NO. 34: Page 94, beginning on the dollar amount, insert the following: ‘‘(re- wise made available under this Act shall be line 9, strike ‘‘: Provided further, That fees’’ duced by $2,500,000)’’. made available to any person or entity that and all that follows through line 20 and in- Page 48, line 11, after the dollar amount, has been convicted of violating the Buy sert a period. insert the following: ‘‘(increased by American Act (41 U.S.C. 10a–10c). $2,500,000)’’. H.R. 2500 H.R. 2500 H.R. 2500 OFFERED BY: MR. ROHRABACHER OFFERED BY: MS. VELA´ QUEZ OFFERED BY: MRS. MALONEY OF NEW YORK AMENDMENT NO. 35: At the end of the bill (before the short title), insert the following: AMENDMENT NO. 39. Page 59, line 13, after AMENDMENT NO. 28: Page 48, line 3, after the dollar amount insert the following: ‘‘(re- the dollar amount, insert the following: ‘‘(in- TITLE VIII—ADDITIONAL GENERAL PROVISIONS duced by $2,000,000)’’. creased by $2,000,000)’’. Page 71, line 4, after the dollar amount in- Page 48, line 14, after the dollar amount, SEC. 801. None of the funds made available in this Act may be used by the Department sert the following: ‘‘(reduced by $8,000,000)’’. insert the following: ‘‘(reduced by Page 73, line 3, after the dollar amount in- $2,000,000)’’. of Justice or the Department of State to file a motion in any court opposing a civil action sert the following: ‘‘(reduced by $7,000,000)’’. H.R. 2500 against any Japanese person or corporation Page 95, line 3, after the dollar amount in- OFFERED BY: MRS. MALONEY OF NEW YORK for compensation or reparations in which the sert the following: ‘‘(increased by $7,000,000)’’. AMENDMENT NO. 29: Page 48, line 1, after plaintiff alleges that, as an American pris- the dollar amount, insert the following: ‘‘(in- oner of war during World War II, he or she Page 95, line 19, after the dollar amount in- creased by $500,000)’’. was used as slave or forced labor. sert the following: ‘‘(increased by $10,000,000)’’. Page 48, line 14, after the dollar amount, H.R. 2500 insert the following: ‘‘(reduced by $500,000)’’. OFFERED BY: MR. STEARNS H.R. 2500 H.R. 2500 AMENDMENT NO. 36: Page 83, after line 22, OFFERED BY: MR. WU OFFERED BY: MR. MORAN OF VIRGINIA insert the following: AMENDMENT NO. 40. At the end of the bill, SEC. 404. (a) Congress finds the following: insert after the last section (preceding the AMENDMENT NO. 30: At the end of the bill (1) Linda Shenwick, in the performance of short title) the following: (preceding the short title), insert the fol- her duties, informed the Congress of waste, lowing: fraud, and mismanagement at the United Na- TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL tions. PROVISIONS PROVISIONS (2) Linda Shenwick’s findings of waste, SEC. 801. None of the funds made available in this Act may be used to process an appli- SEC. 801. None of the funds made available fraud, and mismanagement led to the cre- in this Act may be used to destroy any ation of the Office of Inspector General at cation under the Immigration and Nation- record of the national instant criminal back- the United Nations. ality Act, or any other immigration law, ground check system established under sec- (3) Department of State officials retaliated submitted by or on behalf of an alien who tion 103 of the Brady Handgun Violence Pre- against Linda Shenwick by removing her has been directly or indirectly involved in vention Act, within 90 days after the date from her position at the United Nations, the harvesting of organs from executed pris- the record is created. withholding her salary, downgrading her per- oners who did not consent to such har- formance reviews, and ultimately termi- vesting. H.R. 2500 nating her employment with the Department H.R. 2506 OFFERED BY MS. NORTON of State. OFFERED BY: MS. MILLENDER-MCDONALD AMENDMENT NO. 31: Page 88, line 11, after (4) The Whistleblower Protection Act of the dollar amount, insert the following: ‘‘(in- 1989 (Public Law 101–12) protects the disclo- AMENDMENT NO. 1: In title II of the bill creased by $1,000,000) (reduced by $1,000,000)’’. sure of information to the Congress and pro- under the heading ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS FUND’’, insert before the H.R. 2500 hibits reprisal against an employee for such disclosure. period at the end the following: ‘‘: Provided OFFERED BY: MR. OBEY (b) It is the sense of Congress that Linda further, That of the amount made available AMENDMENT NO. 32: At the end of the bill Shenwick, a dedicated Federal employee under this heading for HIV/AIDS, $5,000,000 (before the short title), insert the following: who, in the performance of her duties, in- shall be for assistance for sub-Saharan Afri- formed the Congress of waste, fraud, and ca and India to prevent mother-to-child HIV/ TITLE VIII—ADDITIONAL GENERAL AIDS transmission through effective part- PROVISIONS mismanagement at the United Nations, should be reinstated to her former position nerships with nongovernmental organiza- SEC. 801. None of the funds made available at the Department of State. tions and research facilities pursuant to sec- in this Act may be used by the Federal Com- H.R. 2500 tion 104(c)(5) of the Foreign Assistance Act munications Commission to implement of 1961 (22 U.S.C. 2151b(c)(5))’’. OFFERED BY: MR. TRAFICANT changes in the Commission’s rules, or the H.R. 2506 policies established to administer the rules, AMENDMENT NO. 37. Page 108, after line 7 relating to media cross-ownership and mul- insert the following: OFFERED BY: MR. OLVER tiple ownership as set forth at section 73.3555 SEC. . None of the funds made available AMENDMENT NO. 2: Strike section 566 (relat- of title 47, Code of Federal Regulations. by this Act shall be used to house prisoners ing to Kyoto Protocol).