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

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

Vol. 147 WASHINGTON, THURSDAY, NOVEMBER 8, 2001 No. 154 House of Representatives The House met at 10 a.m. THE JOURNAL the House in prayer. As Rabbi Emerita The Rabbi Carole Meyers, Chaplain, The SPEAKER. The Chair has exam- of Temple Sinai in Glendale, Cali- Temple Sinai of Glendale, Glendale, ined the Journal of the last day’s pro- fornia, Rabbi Meyers has distinguished California, offered the following pray- ceedings and announces to the House herself as a community leader. er: his approval thereof. Over the past 15 years, Rabbi Meyers I am honored to be here this morning Pursuant to clause 1, rule I, the Jour- has served at Glendale’s Temple Sinai, with you courageous leaders of our nal stands approved. one of the most thriving synagogues in country to join together in prayer. It Mr. MCNULTY. Mr. Speaker, pursu- the area. During her tenure at Temple takes courage to pray meaningfully in ant to clause 1, rule I, I demand a vote Sinai, the congregation nearly doubled the wake of events shaping our lives. on agreeing to the Speaker’s approval in size, boosting its education pro- It is not that we do not turn to God, of the Journal. grams for both children and adults. we do. We come with our praise and The SPEAKER. The question is on Rabbi Meyers significantly raised the with our entreaties, but we strain to the Speaker’s approval of the Journal. profile of the temple through her ex- hear an answer, to sense God’s presence The question was taken; and the tensive community involvement. Over radiating back to us, over the abyss Speaker announced that the ayes ap- the past few years, Rabbi Meyers has that grief and fear have created. peared to have it. been involved with Habitat for Human- Shall we this morning, just for a mo- Mr. MCNULTY. Mr. Speaker, I object ity and the Glendale Community Foun- ment, stop speaking to God, asking to the vote on the ground that a dation. She served on the Mayor’s Task God, about God, entreating God, and quorum is not present and make the Force on Hate Crimes, helping to craft instead make an effort to find once point of order that a quorum is not a citywide response plan to hate again that experience of God’s presence present. crimes. Rabbi Meyers also trained as a that grounds our faith. The SPEAKER. Pursuant to clause 8, chaplain for the Glendale Police De- Come with me to that place. Perhaps rule XX, further proceedings on this partment and helped to create an an- it was when you witnessed the birth of question will be postponed. nual AIDS Awareness Prayer Service your child, new life so precious and The point of no quorum is considered with other Glendale religious leaders. pure, perhaps when you saw your soul withdrawn. Though Rabbi Meyers retired this reflected back at you in the eyes of past June in order to devote more time f someone whose love was infinite. Per- to her family, her influence on her haps in the tangle of pain and darkness PLEDGE OF ALLEGIANCE community can still be felt. Today, es- when somehow there was a presence to The SPEAKER. Will the gentleman pecially in this time of national trag- call, to let you know you would move from Ohio (Mr. SAWYER) come forward edy, the warmth of her words have in- forward. Perhaps when a piece of music and lead the House in the Pledge of Al- deed found a new meaning. shook you to your core, bringing an ex- legiance. We are all proud to welcome Rabbi quisite awareness of the depth of Mr. SAWYER led the Pledge of Alle- Meyers here today as a guest chaplain. human experience. giance as follows: Perhaps when you truly saw the mir- f I pledge allegiance to the Flag of the acle of nature surrounding us, the sun United States of America, and to the Repub- rising and setting, day after day of na- SUPPORTING THE WORDS CAN lic for which it stands, one nation under God, HEAL RESOLUTION ture in its magnificent order, there was indivisible, with liberty and justice for all. a moment when you knew that an f (Ms. ROS-LEHTINEN asked and was Other exists before whom we stand in given permission to address the House awe and whose greatness we strive to WELCOMING RABBI CAROLE for 1 minute and to revise and extend reflect in the actions of our lives. MEYERS her remarks.) Eternal God, be with us as we move (Mr. SCHIFF asked and was given Ms. ROS-LEHTINEN. Mr. Speaker, I through this time of uncertainty. Help permission to address the House for 1 want to encourage my colleagues to us know that we can lend Your pres- minute and to revise and extend his re- join the ‘‘Words Can Heal’’ resolution ence and use our lives to reflect it. marks.) that is being sponsored by the Jeru- Then we will have the faith to bring Mr. SCHIFF. Mr. Speaker, I would salem Fund. light and joy, peace and comfort, jus- like to join in welcoming today’s dis- The ‘‘Words Can Heal’’ campaign pro- tice and goodness to this magnificent tinguished guest chaplain, Rabbi Car- motes the value and practice of ethical world God has created. Amen. ole Meyers, and thank her for leading speech nationwide. The ability to voice

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

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VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.000 pfrm02 PsN: H08PT1 H7912 CONGRESSIONAL RECORD — HOUSE November 8, 2001 one’s views freely without negative re- When we talk about improving edu- they need to make sure our foreign percussions is inherent to our democ- cation, we have got to improve it markets will not be undercut or racy. As we here in Congress surely un- across the board. We have to give it to blocked by our competitors. derstand firsthand, words have impact. every student. We have to give them an H.R. 3005 is a bipartisan compromise This campaign draws attention to opportunity to learn regardless of their TPA bill. We need to pass this legisla- the way we speak to our friends, to our disabilities. Students without these tion to make sure that the U.S. nego- family, neighbors and colleagues. challenges have the option of attending tiators are on equal footing with their Today, more than ever, it is essential a junior college to ease them into the foreign competitors. If we fail to renew that we come together as a Nation, college environment. No such option trade promotion authority, we will be open our arms with benevolence, and exists for these deaf and blind students. failing to fight for the American work- use our words to heal ourselves. Today, I am introducing legislation ers who depend on exports, and we will By participating in the Jerusalem that supports these students with the be failing to fight for the countless new Fund’s ‘‘Words Can Heal’’ campaign, establishment of the first National opportunities that the global market- we can all benefit by using language to Junior College for the Deaf and Blind place will provide for our workers in come together as a Nation and as a in conjunction with the Alabama Insti- the future. people. tute for the Deaf and Blind. America’s workers are the world’s Please join me and Rabbi Irwin Mr. Speaker, let us level the playing most productive. The only thing that Katsof from the Jerusalem Fund in co- field. Give these students trained pro- can beat us is unfair foreign trade bar- sponsoring House Resolution 235, the fessionals, a residential facility, and a riers designed to eliminate our com- ‘‘Words Can Heal’’ campaign, which means for modern-day distance learn- petitive edge. So let us support the will be on the floor this coming week. ing. We can help to provide that all-im- trade promotion authority bill. f portant 2-year college stepping stone f to the 4-year collegiate level and en- FREEDOM AND OUR NATION’S b 1015 sure valuable preparation for success- VETERANS VETERANS ORAL HISTORY ful employment. PROJECT I ask all of my colleagues to support (Ms. JACKSON-LEE of Texas asked the first National Junior College for and was given permission to address (Mr. SAWYER asked and was given the Deaf and Blind. the House for 1 minute and to revise permission to address the House for 1 f and extend her remarks.) minute and to revise and extend his re- Ms. JACKSON-LEE of Texas. Mr. marks.) THE DISAPPEARING $20 BILLION Speaker, I speak today of our freedom. Mr. SAWYER. Mr. Speaker, it is a (Mrs. MALONEY of New York asked Our freedom has been girded and guard- real privilege to follow the gentle- and was given permission to address ed by those who have served in the woman from Florida in her message. the House for 1 minute and to revise United States military. The ability for This weekend, all of us will head home and extend her remarks.) us to speak for or against has been pro- and we will go out and we will speak to Mrs. MALONEY of New York. Mr. tected by those in the United States and about our veterans. It is a time to Speaker, it is human nature: When military. follow the leadership that the gentle- tragedy strikes, most people want to As we look toward honoring the vet- woman from Florida is advocating and help you right away. But you can tell erans of our Nation, those who have it is a time to do something even more. your true friends by who still wants to served throughout the years, I rise to As we go and speak to our veterans, help as time goes by. Will the real salute them and thank them for what we have an opportunity to act on some- friends of New York please stand up. they have done for us, giving us the thing that most of us supported in the The World Trade Center is still smol- privilege to travel about this country 106th Congress, and that is the Vet- dering and the Federal Government is and to live in a wonderfully free and erans Oral History Project. It is a part already wavering. On September 18, the democratic nation. They have served of the American Folk Life Series of the administration authorized $40 billion, us in times of war and in times of Library of Congress and it is an oppor- $20 billion to fight terrorism and $20 peace. tunity for us to take part in the gath- billion for disaster relief, primarily for As a Representative of the veterans ering of American history, in telling New York. But the budget office has al- hospital in my own congressional dis- the stories of American veterans as all located only $9.8 billion for New York. trict, when our city experienced the of us seek to honor those who have They offer vague assurances that we devastation of Tropical Storm Allison, made sacrifices on behalf of this Na- will get the money eventually. Well, we we were very gratified that veterans tion. cannot wait for eventually. gave up their beds in the hospitals to It is a chance not for us to speak to They say we cannot spend it anyway. help those who were in need. We thank them, rather, for them to speak to all Well, just ask New York’s devastated the veterans of America. Americans and tell the stories that are businesses and unemployed workers. As I support legislation that will allow a part of our history. I would urge all September 11 recedes into the past, so us to listen to their oral history. This of us to go home this weekend, and in is the administration’s resolve to help is a time that we honor them and ap- addition to the speeches that we make, New York, and that is unacceptable. plaud them and thank them for our to take the opportunity, with a tape f freedom, which is tied directly to their recorder, to listen to the words of those existence. Thank you, veterans, and I TRADE PROMOTION AUTHORITY who have given so much to our Nation. thank those who serve in the United f (Mr. PITTS asked and was given per- States military. mission to address the House for 1 f SUPPORT NATIONAL JUNIOR minute and to revise and extend his re- COLLEGE FOR DEAF AND BLIND marks.) NATIONAL PARKS WEEKEND FOR (Mr. RILEY asked and was given per- Mr. PITTS. Mr. Speaker, workers and UNITY, HOPE AND HEALING mission to address the House for 1 farmers in Pennsylvania sold products (Mr. RADANOVICH asked and was minute and to revise and extend his re- ranging from chemicals to foodstuffs to given permission to address the House marks.) pharmaceuticals to over 200 countries for 1 minute and to revise and extend Mr. RILEY. Mr. Speaker, the Presi- last year. Those sales added up to over his remarks.) dent has stated his goal: Leave no child $24 billion and supported well over a Mr. RADANOVICH. Mr. Speaker, as behind. He did not say leave no child quarter-million jobs. I shudder to think we approach the upcoming Veterans behind that can hear or see, he said that the absence of trade promotion holiday weekend, I wanted to remind leave no child behind, and that in- authority, or TPA, could jeopardize all Americans of the wonderful and cludes the thousands of students striv- these jobs and the families they sup- rare opportunity before them. ing to earn a college degree who are port. Without TPA, American nego- As my colleagues may recall, Mr. deaf or blind or sensory impaired. tiators will not have the authority Speaker, following the tragic events of

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.002 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7913 September 11, Secretary of the Interior their efforts and contributions to help IN SUPPORT OF HOUSE-PASSED Gale Norton and National Park Service the children of Afghanistan. ECONOMIC SECURITY PACKAGE Director Fran Manella announced that This past Monday, I met with my (Mr. CANTOR asked and was given all entrance fees to all of the 385 units friend, Dr. Ann Dugger, and the permission to address the House for 1 of the National Park System would be school’s principal, Dr. Gay Washington, minute and to revise and extend his re- waived over Veterans Day weekend. of Richmond and also Mrs. Jerry marks.) The events of September 11 will never Walstad of Will Rogers Elementary, Mr. CANTOR. Mr. Speaker, I rise be erased from our memories. Each of and spoke to several hundred school today in support of the House-passed us will remember where we were and students who gathered for an assembly. economic security package that will what we were doing on that tragic day. At this assembly it was announced that help American families and revive eco- They have taken their toll upon many the children had raised more than $500, nomic growth in our country. of us in so many ways. Since these and I was asked to deliver the check to I have always believed that the pri- events, many have found solace in the appropriate person from the White vate sector is the true engine of oppor- America’s national parks for healing. House for America’s Fund for Afghan tunity in our country. Increased Fed- All of our national parks serve as a Children. eral spending will not improve the fun- tool to recapture the American spirit Yesterday I met with Governor Tom damentals of our economy. In these dif- and provide much of the healing Amer- Ridge, Director of Homeland Security, ficult economic times, the role of Con- icans are looking for. and Bob Marsh, the White House liai- gress should be to create an environ- I applaud the Secretary’s announce- son, about the contributions from the ment of opportunity for America’s fam- ment and encourage all Americans to Stillwater schoolchildren. We can all ilies. take advantage of this weekend for be proud of the unselfish acts of kind- It is the hard work and sheer deter- unity, hope, and healing by visiting the ness and generosity exhibited by these mination of individuals, families, and diverse treasures of America’s national young Americans. small business entrepreneurs that park system. Mr. Speaker, today I ask the House make this country what it is today. It f to join me in thanking these school- will be these same qualities that will children from Stillwater, and encour- VETERANS DAY revitalize the American economy after age other schoolchildren around our the September 11 attacks. (Ms. SANCHEZ asked and was given Nation, for being shining examples of The House legislation offers tax cuts permission to address the House for 1 America’s compassion. These children, for middle class families and provides minute and to revise and extend her re- like our children and grandchildren, incentives for businesses to invest in marks.) have the right to live without fear. capital and human resources, thereby Ms. SANCHEZ. Mr. Speaker, in an- That is why we are fighting the war creating jobs and opportunity. ticipation of Veterans Day, I rise to against terrorism. Congress must act now. The House thank the millions of men and women has acted by passing this strong pack- who have served in the United States f age to ensure economic security. The military for their contributions to our President has called on Congress to Nation. BIOTERRORISM PROTECTION ACT send him a bill that he can sign into Many of our veterans first came to OF 2001 law this month, and I urge Congress to this country as immigrants in search heed his call. of freedom and the opportunity to live (Mr. ISRAEL asked and was given in a country with liberty and justice. permission to address the House for 1 f And they have demonstrated their be- minute and to revise and extend his re- TRADE PROMOTION AUTHORITY lief in the principles of our great coun- marks.) (Mr. LINDER asked and was given try with their willingness to put their Mr. ISRAEL. Mr. Speaker, this week- permission to address the House for 1 lives on the line to defend the Nation end we will commemorate veterans, minute and to revise and extend his re- which has given them so many new op- honoring those who have served in marks.) portunities. America’s armed services in times of Mr. LINDER. Mr. Speaker, we are For example, after becoming Amer- peace and times of war. Tragically, this told that silence is golden. However, ican citizens in 1917, over 18,000 Puerto same weekend will mark the 2-month what happens when the body being si- Rican citizens served America proudly anniversary of September 11, 2 months lenced is the House of Representatives? in World War I. And during World War since international terrorists declared Most certainly my colleagues would II, more than 300,000 Mexican-Ameri- war on the United States and the civ- object to the suppression of our voice cans served in the United States Armed ilized world. and our role in the debate in consider- Forces. Guy ‘‘Gabby’’ Gabaldon holds The veterans of America’s war on ation of legislative matters. Yet, with- the distinction of capturing more terrorism are fighting today in Afghan- out trade promotion authority, our enemy soldiers than anyone else in the istan. The veterans of America’s war voices are silenced regarding trade. history of United States military con- on terrorism are also our courageous Trade promotion authority allows flicts. first responders: our firefighters, our trade agreements to be considered as Over 81,400 Asian-Pacific Islanders police, our emergency hospital per- congressional executive agreements. served during the Vietnam War. These sonnel, our school administrators, even These agreements represent procedural are but a few examples. our school nurses. Our first responders compromises. The President forgoes his On Veterans Day, we all need to re- are in the trenches, and it is our job in ability to single-handedly negotiate member the sacrifices that veterans Congress to ensure they have all the treaties and, instead, agrees to consult have made to protect our great Nation. resources they need to defend them- closely with the Congress to ensure f selves and defend our people. that congressional priorities are heard. That is why I am urging my col- Congress, in turn, commits to an up or SALUTE TO RICHMOND AND WILL leagues to join me in sponsoring the ROGERS ELEMENTARY SCHOOL- down vote, but waives the right to offer Bioterrorism Protection Act of 2001, amendments. CHILDREN providing both long-term and short- (Mr. WATKINS of Oklahoma asked term strategies for fighting our new b 1030 and was given permission to address war, from laboratories to police sta- Some of my colleagues seem to think the House for 1 minute and to revise tions, to firehouses and nursing tables. that our inability to offer amendments and extend his remarks.) We may not completely destroy the is too great a sacrifice. What then is Mr. WATKINS of Oklahoma. Mr. war on terrorism in 2 months or even 2 the alternative? Without TPA, the Speaker, I rise today to commend the years. We may have to be on guard for President would unilaterally negotiate students of Richmond Elementary and 2 decades. But we shall prevail and a treaty which would then be presented Will Rogers Elementary School in my American children will be secure be- solely to the Senate for ratification. hometown of Stillwater, Oklahoma, for cause of our efforts. This obviously begs the question where

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.005 pfrm02 PsN: H08PT1 H7914 CONGRESSIONAL RECORD — HOUSE November 8, 2001 is the House. The answer, absent. With- Mr. Speaker, Members are requested it much better than it is being done out TPA we have no role, no authority, to contact my office to coordinate today. and no voice in trade agreements. This dates and times so we can arrange for We should charge the President with is the people’s House. Do not let our the book to be on the floor. I appre- the responsibility to get this job done, voice be silenced. Support TPA. ciate the assistance of Members in this and let him figure out what mix of Fed- f important undertaking, and again en- eral and civilian and private employees courage participation. there should be. Let us get on with it. TRADE PROMOTION AUTHORITY f It is too important for us to fiddle (Mr. CALVERT asked and was given around. permission to address the House for 1 PROVIDE ENERGY, PROTECT THE f minute and to revise and extend his re- ECONOMY marks.) (Mr. GIBBONS asked and was given TRIBUTE TO BRAD COHEN, GEOR- Mr. CALVERT. Mr. Speaker, the permission to address the House for 1 GIA’S TEACHER OF THE YEAR growth of services in the U.S. economy minute and to revise and extend his re- (Mr. ISAKSON asked and was given has been a tremendous boon to our Na- marks.) permission to address the House for 1 tion’s GDP and the rate of employ- Mr. GIBBONS. Mr. Speaker, 3 months minute and to revise and extend his re- ment. The benefit of services trade are ago this House passed the Energy Secu- marks.) particularly evident in my home State rity Act to increase and diversify our Mr. ISAKSON. Mr. Speaker, as the of California, and at the local level. In energy production. Only last month we House and Senate conferees work to California, for example, services ac- passed an economic stimulus package complete the job of the President’s count for more than 85 percent of the to keep Americans working and our number one domestic issue, No Child State economy and 77 percent of em- businesses open. Yet the Democratic Left Behind and the reform of edu- ployment. leadership in the other body has re- cation, I think it is appropriate that There are over 5,500 establishments fused to act on either of these two cru- we pay tribute to those that every day exporting professional, scientific and cial measures which are so critically teach our children, America’s teachers. technical services in California. Those linked together. In particular, to one particular teacher establishments alone provide jobs for It is time we ensure the economic in Georgia, Mr. Brad Cohen, a man who more than 130,000 people, according to prosperity of this Nation by ensuring suffers from what many call an afflic- the most recent U.S. Census Bureau our own domestic energy supply. En- tion, Tourette’s syndrome. People data. ergy and other products produced from would never think Brad Cohen would Software publishers, broadcasting fossil fuels and minerals create the and telecommunications services em- be a teacher. standard of living that every American Instead, Brad Cohen calls Tourette’s ploy another 130,000 people in Cali- fornia, a number which would grow if enjoys and relies upon. his friend, not his enemy. He has been Obviously, an uninterrupted supply new trade agreements that would re- recognized as Teacher of the Year, he duce barriers to services and tariffs on of energy, including crude oil and nat- teaches elementary at-risk children to industrial products and agriculture are ural gas, are vital to the economy and read. He has changed their lives and signed. security of the United States; and it is taught them to appreciate that one’s The services sector needs successful time for the Democratic leadership in disability can be one’s advantage with trade negotiations that expand sub- the other body to meet the needs of the the right attitude. stantially opportunities for U.S. trade American people by securing our en- Mr. Speaker, I pay tribute to Brad in services. Trade negotiating author- ergy needs, thereby ensuring our eco- Cohen and all of America’s teachers. ity plays a crucial role in our country’s nomic prosperity. For the sake of this f Nation and all Americans, I hope the ability to negotiate, and implement, ECONOMIC STIMULUS PACKAGE Democratic leadership will act sooner these negotiations; and so we need to NEEDED move these negotiations along. rather than later. f (Mr. TOOMEY asked and was given f permission to address the House for 1 NAMES FROM OFFICIAL LIST OF AIRPORT SECURITY IS TOO IMPOR- minute and to revise and extend his re- CASUALTIES FROM SEPTEMBER TANT AN ISSUE FOR CONGRESS marks.) 11, 2001, TO BE READ ON HOUSE TO JUST FIDDLE AROUND Mr. TOOMEY. Mr. Speaker, people FLOOR (Mr. HEFLEY asked and was given across America, across Pennsylvania, (Mrs. JO ANN DAVIS of Virginia permission to address the House for 1 across the Lehigh Valley and Upper asked and was given permission to ad- minute and to revise and extend his re- Macungie, the valleys that I represent, dress the House for 1 minute and to re- marks.) are losing their jobs in very disturbing vise and extend her remarks.) Mr. HEFLEY. Mr. Speaker, what are numbers. Mrs. JO ANN DAVIS of Virginia. Mr. we waiting for? The Senate, or the In October, we had a record high Speaker, I stand here today to request other body, I should say, passed an air- numbers of Americans who lost their the participation of Members in hon- port security bill. The House passed a jobs. The actual loss of jobs or the oring those individuals who lost their transportation security bill. In these threat of a loss of jobs is hitting all of lives or are still missing as a result of two bills there are differences, but we us: our families, our neighbors, our the September 11 terrorist attacks. We agree on a great deal. We agree that friends. And it is about time that Con- have all heard the numbers, the devas- this security for transportation should gress responded. tations, the pain of the families and be a Federal responsibility. We agree We need an economic stimulus pack- our Nation’s anguish. What we have that the Feds should do the back- age that is going to lower the record- not heard in Washington is the names ground checks. We agree that the Feds high tax burden that is impeding our of the individuals, and that is why I should screen the applicants. We agree economic growth and create the incen- will begin today during Special Orders that the Federal Government should do tives to bring people back to work be- to read on the House floor from the list the training, and we agree that the cause the people who are losing their of the dead and missing. Federal Government should do the su- jobs across Pennsylvania, they do not I will begin to read from the official pervision. want to know how long they can stay list of casualties, and I encourage my Mr. Speaker, we agree on all of these out of work; they want to know how colleagues to join me until the roughly important issues. Then why do we not quickly they can get back to work. 4,000 missing or dead are named and en- move? We disagree on whether screen- Mr. Speaker, it is our responsibility tered in the CONGRESSIONAL RECORD. I ers should be Federal employees or to help create an environment where have compiled this alphabetical list in should be private employees. Well, in that is possible. The President has a leather bound book that I would re- the scope of things, this is an insignifi- called for an economic stimulus pack- quest all Members utilize for this ef- cant disagreement. What we agree on is age. This Chamber has passed one, but fort. that we want the job done and we want the Democratic majority in the other

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.007 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7915 Chamber insists on bickering and wast- tecting our people as these kinds of Mr. RAHALL. Mr. Speaker, on that I ing time when Americans need the op- threats emerge. demand the yeas and nays. portunity to get back to work. I would encourage my colleagues to The yeas and nays were ordered. Some on the other side would like to travel to the Rayburn foyer today, and The vote was taken by electronic de- load this up with government spending, I invite the press and public to see vice, and there were—yeas 363, nays 47, which may be nice pork barrel politics what the American people have done answered ‘‘present’’ 1, not voting 21, as in their district, but it will not get with their dollars to allow us to be able follows: Americans back to work. I urge the to respond to the kinds of threats that [Roll No. 433] other Chamber to adopt an economic America is currently experiencing. stimulus package, and do it now. Mr. Speaker, I thank the NBC Indus- YEAS—363 Abercrombie Doyle Kerns f try Group, the Nuclear, Biological and Chemical Industry Group, who has put Ackerman Dreier Kildee EXPORTING OUR FUTURE Akin Duncan Kind (WI) together this assemblage of these 19 Allen Dunn King (NY) (Mr. GRAVES asked and was given major corporations. Andrews Edwards Kingston Armey Ehlers Kirk permission to address the House for 1 f minute and to revise and extend his re- Baca Ehrlich Kleczka DEFERRED INSPECTION PROCESS Bachus Emerson Knollenberg marks.) Baker Engel Kolbe Mr. GRAVES. Mr. Speaker, America IS FLAWED Baldacci Eshoo LaFalce is consistently the world’s largest agri- (Mr. DEAL of Georgia asked and was Baldwin Etheridge LaHood Ballenger Evans Lampson cultural exporter. America generated given permission to address the House Barcia Everett Langevin $50 billion in exports last year and is for 1 minute and to revise and extend Barr Farr Lantos expected to generate another $53 bil- his remarks.) Barrett Fattah Largent Bartlett Ferguson Larsen (WA) lion in exports this year. Passing Trade Mr. DEAL of Georgia. Mr. Speaker, Barton Flake Larson (CT) Promotion Authority will expand U.S. each year some 75 million individuals Bass Fletcher LaTourette markets even further and provide a enter the United States and are in- Becerra Foley Leach necessary step for America’s continued spected at our major airports. It is es- Bentsen Forbes Lee Bereuter Fossella Levin economic growth. timated that about 10,000 of these have Berkley Frank Lewis (CA) Since TPA expired in 1994, U.S. agri- inadequate documents to justify their Berman Frelinghuysen Lewis (GA) cultural exports have increasingly existence in this country, but are al- Berry Gallegly Lewis (KY) Biggert Gekas Linder faced onerous trade barriers that lowed to enter anyway under a deferred Bilirakis Gibbons Lipinski threaten both the farm economy and system in which they are asked to re- Bishop Gilchrest Lucas (KY) our entire balance of trade. port back. Blagojevich Gillmor Lucas (OK) American farmers depend on being Recently, the Inspector General of Blumenauer Gilman Luther Blunt Gonzalez Lynch able to export their products and crops the Department of Justice issued a re- Boehlert Goode Maloney (NY) to the rest of the world; and with 96 port from which I will quote the execu- Boehner Goodlatte Manzullo percent of the world’s population living tive summary: ‘‘We found that nearly Bonilla Gordon Markey Bono Goss Mascara outside of the U.S. borders, there were 11 percent of individuals paroled into Boswell Graham Matheson billions of potential customers of our the country under the deferred inspec- Boucher Granger Matsui bounty. Additionally, soybean farmers tions process failed to appear for the Boyd Graves McCarthy (MO) in my home State of Missouri send completion of their inspection.’’ That Brady (TX) Green (WI) McCarthy (NY) Brown (FL) Greenwood McCollum more than 50 percent of their products would mean some 979 individuals did Brown (OH) Grucci McCrery overseas. not appear for their deferred inspec- Brown (SC) Gutknecht McHugh Passing H.R. 3005 will open the doors tions. It continues: ‘‘This is a conserv- Bryant Hall (OH) McInnis to increased exports and make it easier Buyer Hall (TX) McIntyre ative estimate, however, based upon Callahan Hansen McKeon to forge market-opening agreements on the fact that we were unable to deter- Calvert Harman McKinney agriculture with our trading partners. mine the outcome of 20 percent of the Camp Hart Meehan Let us pass Trade Promotion Author- cases selected due to inadequate Cannon Hastings (WA) Meek (FL) Cantor Hayes Meeks (NY) ity and unleash the vast potential of records.’’ Capito Hayworth Menendez America’s agriculture sector. They give the statistics, and they say Capps Herger Mica f the importance of follow-up action is Cardin Hill Millender- evidenced by the results of our analysis Carson (IN) Hilleary McDonald PORTABLE SYSTEMS FOR DETEC- Carson (OK) Hinchey Miller, Dan which revealed that among those who TION OF NUCLEAR, CHEMICAL, Castle Hinojosa Miller, Gary failed to appear, INS inspectors identi- Chabot Hobson Miller, Jeff AND BIOLOGICAL AGENTS ON fied over 50 percent as either having Chambliss Hoeffel Mink DISPLAY Clay Holden Mollohan criminal records or immigration viola- Clayton Holt Moran (VA) (Mr. WELDON of Pennsylvania asked tions at the time of entry. They also Clement Honda Morella and was given permission to address point out that nine committed serious Clyburn Hooley Murtha the House for 1 minute and to revise aggravated felonies after they were pa- Coble Horn Myrick Collins Hostettler Nadler and extend his remarks.) roled into our country. They point out Combest Houghton Napolitano Mr. WELDON of Pennsylvania. Mr. that the INS continues to use this Condit Hoyer Neal Speaker, there is a great deal of con- faulty information. Cox Hunter Nethercutt cern all across the country and across Coyne Hyde Ney Mr. President, you will be in my Cramer Inslee Northup the world about how we can detect the State tonight to reassure the Nation. Crenshaw Isakson Norwood evidence of chemical or biological To make us feel secure, do something Crowley Israel Nussle agents in our midst. about the fiasco that exists in the INS. Culberson Issa Obey Cummings Istook Ortiz Today for 3 hours at this very mo- f Cunningham Jackson (IL) Osborne ment in the Rayburn foyer, I have as- Davis (CA) Jackson-Lee Otter sembled 19 corporations who largely THE JOURNAL Davis (FL) (TX) Owens with defense dollars in the past have The SPEAKER pro tempore (Mr. Davis (IL) Jenkins Oxley Davis, Jo Ann John Pallone developed real systems. These are port- SHIMKUS). Pursuant to clause 8 of rule Deal Johnson (CT) Pascrell able systems that can be used and are XX, the pending business is the ques- DeGette Johnson (IL) Pastor being used to detect the presence of tion of the Speaker’s approval of the DeLauro Johnson, E. B. Paul DeMint Johnson, Sam Payne chemical or biological agents or even Journal of the last day’s proceedings. Deutsch Jones (NC) Pelosi small nuclear agents. These devices The question is on the Speaker’s ap- Diaz-Balart Jones (OH) Pence have been paid for with taxpayer dol- proval of the Journal. Dicks Kanjorski Peterson (PA) lars. It shows that Congress has been The question was taken; and the Dingell Kaptur Petri Doggett Keller Phelps on the cutting edge of making sure Speaker pro tempore announced that Dooley Kelly Pickering that we have the proper means of pro- the ayes appeared to have it. Doolittle Kennedy (RI) Pitts

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.008 pfrm02 PsN: H08PT1 H7916 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Platts Schiff Terry The SPEAKER pro tempore (Mr. will have to come up with even more Pombo Schrock Thomas Pomeroy Scott Thornberry SHIMKUS). Is there objection to the re- money for Pell Grants, or college stu- Portman Sensenbrenner Thune quest of the gentleman from Ohio? dents will get no increase at all for Price (NC) Serrano Thurman There was no objection. their grant award for this year. Pryce (OH) Sessions Tiahrt MOTION TO INSTRUCT OFFERED BY MR. OBEY So this motion simply instructs the Putnam Shadegg Tiberi Quinn Shaw Tierney Mr. OBEY. Mr. Speaker, I offer a mo- conferees on this bill to provide no less Rahall Shays Toomey tion to instruct conferees. than the level of resources for edu- Rangel Sherman Towns The Clerk read as follows: cation that the House has already Regula Sherwood Turner Rehberg Shimkus Udall (CO) Mr. OBEY moves that the managers on the agreed to. I would urge adoption of the Reyes Shows Upton part of the House at the conference on the motion. Reynolds Shuster Velazquez disagreeing votes of the two Houses on the Mr. Speaker, I reserve the balance of Rivers Simmons Vitter bill, H.R. 3061, be instructed to insist on the my time. Rodriguez Simpson Walden House position to provide no less than a Mr. REGULA. Mr. Speaker, I yield Roemer Skeen Walsh total of $51,749,765,000 for the Department of Rogers (KY) Skelton Wamp myself such time as I may consume. Rogers (MI) Slaughter Watkins (OK) Education. (Mr. REGULA asked and was given Rohrabacher Smith (MI) Watson (CA) The SPEAKER pro tempore. Pursu- permission to revise and extend his re- Ros-Lehtinen Smith (NJ) Watt (NC) ant to clause 7, rule XXII, the gen- Ross Smith (TX) Watts (OK) marks.) Rothman Smith (WA) Waxman tleman from Wisconsin (Mr. OBEY) and Mr. REGULA. Mr. Speaker, the gen- Roukema Snyder Weiner the gentleman from Ohio (Mr. REGULA) tleman from Wisconsin (Mr. OBEY) has Roybal-Allard Solis Weldon (FL) each will control 30 minutes. Royce Souder Weldon (PA) outlined a number of the good features Rush Spratt Wexler The Chair recognizes the gentleman of this bill. I totally agree with the mo- Ryan (WI) Stark Wicker from Wisconsin (Mr. OBEY). tion to instruct. I think it reflects H.R. Ryun (KS) Stearns Wilson Mr. OBEY. Mr. Speaker, I yield my- 1, which passed this body overwhelm- Sanchez Stump Wolf self such time as I may consume. Sanders Sununu Woolsey ingly. The numbers track. Sandlin Tanner Wu Mr. Speaker, this motion is very It also reflects the President’s prior- Sawyer Tauscher Wynn straightforward. It says the conferees ities. The Office of Management and Saxton Tauzin Young (FL) should bring back a conference report Schakowsky Taylor (NC) Budget is happy with the bill that we for the Labor-HHS appropriations con- have. They feel that it is a very fiscally NAYS—47 ference that includes House-passed lev- responsible bill. Aderholt Hoekstra Riley els for education. It also has a number of features, and Baird Hulshof Sabo As I think we all know, the Presi- the gentleman from Wisconsin (Mr. Borski Kennedy (MN) Schaffer dent’s budget provided for a 5.6 percent Brady (PA) Kucinich Stenholm OBEY) has touched on them, but a cou- Capuano Latham Strickland increase in education funding over the ple I might mention include the Read- Costello LoBiondo Stupak previous year. That contrasted to an ing First Program. It is a new program Crane McDermott Sweeney average of a 13 percent increase in each DeFazio McGovern Taylor (MS) that the President has supported English McNulty Thompson (CA) of the previous 5 years. The bill that strongly with $900-plus million. Read- Filner Miller, George Thompson (MS) the House passed contained a 17 per- ing is vital, as we all recognize; and Ford Moore Udall (NM) cent increase over last year, and that also it has additional funding for the Green (TX) Moran (KS) Visclosky passed by an overwhelming bipartisan Gutierrez Oberstar Waters programs to improve and provide as- Hastings (FL) Olver Weller vote of 373 to 43. sistance and help teachers to enable Hefley Peterson (MN) Whitfield The bill passed by the other body, in them to better serve the students. Hilliard Ramstad contrast, does not provide the funding 1115 ANSWERED ‘‘PRESENT’’—1 levels we need for education. It falls b Tancredo $525 million short of the House level. I think all of us agree that teacher The House bill provides $7.7 billion for quality is the heart and soul of a good NOT VOTING—21 special education part b State grants, school system. I am pleased that we do Bonior Delahunt Lofgren which is $375 million more than the have language in here to support Burr DeLay Lowey Burton Frost Maloney (CT) Senate. The House bill provides $10.5 things like the Troops-to-Teachers, a Conyers Ganske Ose billion for title I grants, $300 million relatively new program, but one that Cooksey Gephardt Radanovich more than the Senate. For teacher- offers great promise in meeting the Cubin Jefferson Traficant Davis, Tom Kilpatrick Young (AK) quality activities, the House bill is $135 teacher shortage, and also great prom- million over the Senate. The House bill ise in attracting retirees from the mili- b 1106 for bilingual education provides $700 tary who have a lot to offer. They have So the Journal was approved. million, which is $100 million more the world travel, they have experience The result of the vote was announced than the Senate. It has a variety of in managing people, and I think track- as above recorded. other programs in the education area ing these people at their retirement but the House provides more adequate point to participate in our education f support than does the Senate bill, in program and to serve as teachers is a my view. great concept. APPOINTMENT OF CONFEREES ON Now, we all know that money alone I might say we added a number of H.R. 3061, DEPARTMENTS OF does not produce quality education, millions of dollars to this program at LABOR, HEALTH AND HUMAN but one cannot provide quality edu- the request of the military because SERVICES, AND EDUCATION, AND cation without money. I think our bill, what they are going to do is beef up RELATED AGENCIES APPROPRIA- the bill that passed the House, is a very their program in the military of talk- TIONS ACT, 2002 strong effort to do that. ing to their retirees about partici- Mr. REGULA. Mr. Speaker, I ask Also we have to keep the door open pating in the Troops-to-Teachers, and unanimous consent to take from the for higher education to families from also to providing some financial help Speaker’s table the bill (H.R. 3061) all across the country. The problem we to these individuals while they are fin- making appropriations for the Depart- face is that we provided a major in- ishing out their military career to go ments of Labor, Health and Human crease for Pell Grants in the bill that to a college or university, and get their Services, and Education, and related passed the House; but we are now told necessary programs to qualify them agencies for the fiscal year ending Sep- that because of the deteriorating econ- under State requirements to serve in tember 30, 2002, and for other purposes, omy, with more students enrolled in the classroom. with a Senate amendment thereto, dis- college than expected and the like, We also beef up the Teach for Amer- agree to the Senate amendment, and that all of the increase that the House ica program, again, one that attracts agree to the conference asked by the provided will be needed just to main- people, something similar to the pro- Senate. tain the current maximum grant level grams that get young people to go into The Clerk read the title of the bill. of $3,750 per student. In other words, we areas that are underprivileged and

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.001 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7917 teach for a couple of years in return for Mr. Speaker, I would like our col- ing, technology, math, and science, getting some assistance. leagues to know that the education from Main Street into our classrooms. I have talked to some of these indi- number in this bill, which is a very This is not throwing money at old viduals and they are really excited substantial number, is a solid number. ideas, this is new money attached to about what they can do to help stu- The gentleman from Wisconsin (Mr. new ideas. At a bare minimum, this dents, to be an inspiration, to provide OBEY) and the gentleman from Ohio $525 million over the Senate bill is role models for students in underprivi- (Mr. REGULA) and I had begun to work what we should indeed support. leged areas. Again, a very successful on this issue in the spring actually, Mr. Speaker, I would also say that I program. We provide additional fund- and in working with our counterparts hope that the other body would include ing for that. in the Senate, we came to this number. in their stimulus package money for TRIO. TRIO is designed to go into So I think we have all made this education, given what our States are the schools and have individuals from commitment to the strong educational going through in this tough time with colleges, universities, talk to students part of this bill, and I agree with the the economy. and try to persuade them, inspire chairman of the subcommittee that So again, Mr. Speaker, I encourage them, catch their interest in going on this motion certainly reflects the view- Republicans and Democrats to support to higher education. It is a successful point that we had established early on. this motion. I again applaud the gen- program, and we have added $70 million Mr. REGULA. Mr. Speaker, I might tleman from Wisconsin (Mr. OBEY) and to that. We have given more money for add that the chairman of the full com- the gentleman from Florida (Mr. rural education and the mentoring pro- mittee, the gentleman from Florida YOUNG) and the gentleman from Ohio grams. (Mr. YOUNG), and the gentleman from (Mr. REGULA) for their hard work. One of the successes is where senior Mr. OBEY. Mr. Speaker, I yield 2 citizens or college students or just peo- Wisconsin (Mr. OBEY) in the minority on the full committee gave us a very minutes to the distinguished gen- ple in a community go into a school tleman from New Jersey (Mr. AN- and mentor students, actually work good allocation. That is one of the things that made it possible to have DREWS). with them on reading programs. (Mr. ANDREWS asked and was given such a quality bill and to meet the In my district, I have a hospital that permission to revise and extend his re- needs as we see them. brought a bus. They actually bused marks.) their employees out and gave them a They have also been very helpful in Mr. ANDREWS. Mr. Speaker, I thank break to do this. They would go to a giving strong support to this so that we my friend, the gentleman from Wis- school and work with students who are have a bipartisan consensus within the consin, for yielding time to me. having difficulty with reading. Congress. I think it is a great team ef- Mr. Speaker, I rise to thank and con- We hear a lot about the importance fort on the part of both sides of the gratulate the gentleman from Ohio of science and math. We all agree that aisle, and I would strongly urge Mem- (Mr. REGULA), the gentleman from those are important, but before one can bers to endorse this fact that education Florida (Mr. YOUNG), and the gen- do science and math education, one has is number one, and that we go to con- tleman from Wisconsin (Mr. OBEY) for to be able to read. Reading is basic. ference with that concept. the outstanding legislative product Reading is fundamental. We, in this Mr. Speaker, I reserve the balance of they have put before this body, and to bill, have tried to identify programs my time. strongly endorse this motion to in- that will help students to be successful Mr. OBEY. Mr. Speaker, I yield 2 struct. in learning to read, and in turn, then minutes to the distinguished gen- One of the areas that I am most espe- they can more effectively participate tleman from Indiana (Mr. ROEMER). cially pleased to see is the substantial in others. (Mr. ROEMER asked and was given increase in special education funding Really, this is what is the heart and permission to revise and extend his re- under the Individuals with Disabilities soul of ‘‘no child left behind.’’ ‘‘No marks.) in Education Act, the IDEA. In the fis- child left behind’’ means no child that Mr. ROEMER. Mr. Speaker, I rise in cal year that ended September 30, we cannot read, because if they cannot, very, very strong support of this mo- committed $6.3 billion to help educate they have a real problem. tion. This bill, worked out in a bipar- students with these needs. In the House There are a lot of other good features tisan way by the gentleman from Ohio bill, that number now exceeds $7.7 bil- in the bill. That was evidenced by the (Mr. REGULA) and the gentleman from lion, an increase of well over 20 per- strong vote we had in the House. It was Wisconsin (Mr. OBEY), has about $525 cent. a bipartisan bill. The gentleman from million more for education, educating This is a double victory. It provides Wisconsin (Mr. OBEY) and I worked our children in new and innovative much higher quality education for chil- very closely together, and the members ways. dren with special needs, and it frees up of our subcommittee likewise worked I think this is a very strong instruc- resources in local school districts with us to get a bipartisan bill. It is tion, a motion that we need to support around the country to do many other strongly endorsed by the administra- on the House side. things: to help reduce class sizes for tion, the Office of Management and At a time in the Midwest, Mr. Speak- children who are not in special edu- Budget. er, when our economies are not bring- What the motion of the gentleman cation, to free up money for school ing in as much money, at a time when construction, for teacher quality, or from Wisconsin (Mr. OBEY) is saying is, some of our State budgets are being education is number one. Polls tell us for tax relief. cut by $800 million, $1 billion, and We need to do more of this, and we over and over again that education is more, at a time in the Midwest when number one with the people of this Na- need to do it for the reasons my friend, tion. Therefore, the bill reflects that. I steel mills are being closed, when tax the gentleman from Indiana, just cited: think this is a very proper motion be- bases are shrinking, when we have lost State budgets around this Nation are cause the bill in the other body has a 165,000 manufacturing jobs for many in feeling and will profoundly feel the ef- smaller amount for education, and we the Midwest, we need this money for fects of the economic slowdown. That feel it is important that we go to the new ideas to educate our children in will mean substantially lower State re- conference with a vote of affirmation new ways. sources for education. Now more than from the Members of this House say- In Title I we have a 20 percent in- ever it is important for us to step in ing, in effect, that they, too, agree that crease for educating the poorest of the and help fill that void. This legislation education is a number one priority in poor children in this bill; for reading does so. getting a conference report. and literacy programs, we have new As we proceed with the House-Senate Mr. YOUNG of Florida. Mr. Speaker, ways of educating and teaching reading conference on the education reform will the gentleman yield? to our children. bill, we strongly support making major Mr. REGULA. I yield to the gen- We have, as the chairman mentioned, quality upgrades and reforms in edu- tleman from Florida. a new program that ramps up the cation, but we only want to do so if the Mr. YOUNG of Florida. Mr. Speaker, Troops-to-Teachers program called resources are there to pay for the needs I thank the gentleman for yielding to Transition to Teaching, bringing peo- of children who are identified as having me. ple from the private sector in engineer- trouble.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.015 pfrm02 PsN: H08PT1 H7918 CONGRESSIONAL RECORD — HOUSE November 8, 2001 This bill is an example of what we vious question is ordered on the motion such conference report; that all points need to do on a permanent and ongoing to instruct. of order against such conference report basis to make sure that once we have There was no objection. and against its consideration be identified children with problems, we The SPEAKER pro tempore. The waived; and that such conference re- give them the tools and the teachers question is on the motion to instruct port be considered as read when called with whom they can overcome those offered by the gentleman from Wis- up. problems. consin (Mr. OBEY). The SPEAKER pro tempore. Is there For the bipartisan leadership on this The question was taken; and the objection to the request of the gen- bill, I extend my thanks and apprecia- Speaker pro tempore announced that tleman from Texas? tion, urge my colleagues to support the the ayes appeared to have it. There was no objection. resolution. Mr. OBEY. Mr. Speaker, on that I de- f Mr. REGULA. Mr. Speaker, I yield mand the yeas and nays. myself such time as I may consume. The yeas and nays were ordered. b 1130 Mr. Speaker, I do want to make one The SPEAKER pro tempore. Pursu- APPOINTMENT OF CONFEREES ON additional comment. That is that ant to clause 8 of rule XX, further pro- thanks to the leadership of the Speaker H.R. 2944, DISTRICT OF COLUMBIA ceedings on this question will be post- APPROPRIATIONS ACT, 2002 and the minority leader and the gen- poned. tleman from Florida (Mr. YOUNG) and Mr. KNOLLENBERG. Mr. Speaker, I f the gentleman from Wisconsin (Mr. ask unanimous consent to take from OBEY), I think for the first time the PERMISSION TO HAVE UNTIL MID- the Speaker’s table the bill (H.R. 2944) Senate and the House subcommittee NIGHT, FRIDAY, NOVEMBER 9, making appropriations for the govern- had an identical allocation. That is 2001, TO FILE CONFERENCE RE- ment of the District of Columbia and going to make it much easier in con- PORT ON H.R. 2500, DEPART- other activities chargeable in whole or ference because we are working from MENTS OF COMMERCE, JUSTICE, in part against the revenues of said the same total. AND STATE, THE JUDICIARY, District for the fiscal year ending Sep- I commend them for giving us that AND RELATED AGENCIES APPRO- tember 30, 2002, and for other purposes, kind of support, and also for increasing PRIATIONS ACT, 2002 with a Senate amendment thereto, dis- the allocation generally, because we Mr. YOUNG of Florida. Mr. Speaker, agree to the Senate amendment, and will only in conference be dealing with I ask unanimous consent that man- agree to the conference asked by the priorities, but we will all be working agers on the part of the House have Senate. from the same total number. until midnight, November 9, 2001, to The SPEAKER pro tempore. Is there Ms. PELOSI. Mr. Speaker, I rise in strong file a conference report on the bill objection to the request of the gen- support of this motion to instruct conferees to (H.R. 2500) making appropriations for tleman from Michigan? accept the higher funding levels for education the Departments of Commerce, Justice, There was no objection. that are included in the House bill. Chairman and State, the Judiciary, and related MOTION TO INSTRUCT OFFERED BY MR. FATTAH REGULA and Ranking Member OBEY have agencies, for the fiscal year ending shown tremendous leadership on our Sub- Mr. FATTAH. Mr. Speaker, I offer a September 30, 2002, and for other pur- committee, and they have negotiated a strong motion to instruct conferees. poses. bill that reflects the value our country places The Clerk read as follows: The SPEAKER pro tempore. Is there on education. Mr. FATTAH moves that the managers on We started this budget cycle in a much dif- objection to the request of the gen- the part of the House at the conference on ferent place. In order to make room for his tleman from Florida? the disagreeing votes of the two Houses on huge tax cut, President Bush’s budget pro- Mr. OBEY. Mr. Speaker, reserving the bill, H.R. 2944, be instructed to insist on the House position regarding assistance with posed the smallest increase for education in 5 the right to object, I understand this is a request to file the CJ by midnight to- Federal funds for education and training pro- years. grams in the District of Columbia. The $2.4 billion increase in the Bush budget night? Mr. FATTAH (during the reading). included substantial increases for reading pro- Mr. YOUNG of Florida. Mr. Speaker, Mr. Speaker, I ask unanimous consent grams and a modest increase for Pell grants, will the gentleman yield? that the motion be considered as read but left only $400 million for all other edu- Mr. OBEY. I yield to the gentleman and printed in the RECORD. cation programs. This proposal left all other el- from Florida. The SPEAKER pro tempore (Mr. ementary, secondary, and higher education Mr. YOUNG of Florida. Mr. Speaker, SHIMKUS). Is there objection to the re- programs, special education, and vocational I would tell the gentleman, it is tomor- quest of the gentleman from Pennsyl- education programs with less that the level row night. vania? needed just to keep up with inflation. Mr. OBEY. Mr. Speaker, I withdraw Members of both sides of the aisle recog- my reservation of objection. There was no objection. nized that this was unacceptable, and the bill The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- we negotiated included an increase of $4.7 bil- objection to the request of the gen- ant to clause 7 of rule XXII, the gen- lion over the request and $7 billion over last tleman from Florida? tleman from Pennsylvania (Mr. year. These increases include an additional There was no objection. FATTAH) and the gentleman from $1.7 billion for disadvantaged schools, the f Michigan (Mr. KNOLLENBERG) each will largest dollar increase for title 1 since its in- control 30 minutes. PERMISSION TO HAVE UNTIL MID- The Chair recognizes the gentleman ception of the program, a $154 million in- NIGHT, FRIDAY, NOVEMBER 9, crease for after school child care, and a $240 from Pennsylvania (Mr. FATTAH). 2001, TO FILE CONFERENCE RE- Mr. FATTAH. Mr. Speaker, I yield million increase for bilingual education. PORT ON H.R. 2330, AGRI- We can never forget that our strength as a myself such time as I may consume. CULTURE, RURAL DEVELOP- I would like to, first of all, say to the nation is measured both in our military might MENT, FOOD AND DRUG ADMIN- and in the well being of our people. There is chairman of the subcommittee, the ISTRATION, AND RELATED gentleman from Michigan (Mr. no more important priority than educating our AGENCIES APPROPRIATIONS children and passing our knowledge and val- KNOLLENBERG) and to the whole House, ACT, 2002, AND TO CONSIDER that I want to compliment him on his ues to the next generation. I urge my col- CONFERENCE REPORT leagues to these funding increases and vote service and his leadership, leading us yes on the motion to instruct. Mr. BONILLA. Mr. Speaker, I ask to this moment on this appropriation. Mr. REGULA. Mr. Speaker, I have no unanimous consent that managers on It has been the smoothest I think of further requests for time, and I yield the part of the House have until mid- any of the D.C. appropriation bills back the balance of my time. night Friday night, November 9, 2001, since my time here in the Congress, Mr. OBEY. Mr. Speaker, I yield back to file a conference report to accom- and it is because of his leadership; and the balance of my time. pany H.R. 2330; that it be in order at I would also like to thank the senior The SPEAKER pro tempore (Mr. any time on the legislative day of staff on both sides of the aisle that SHIMKUS). Without objection, the pre- Tuesday, November 13, 2001, to consider have worked on this.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.017 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7919 I have a motion to instruct that sim- conference. This is an investment that Mr. Speaker, I wanted to applaud and ply would remind the conferees on be- we cannot afford not to make. salute the gentleman from Pennsyl- half of the House of our deep concern Mr. FATTAH. Mr. Speaker, I reserve vania (Mr. FATTAH) and thank him for about the young people in the D.C. area the balance of my time. working as a team to bring this about. and to focus our energies to represent Mr. KNOLLENBERG. Mr. Speaker, I Mr. Speaker, I yield back the balance the House’s position on a number of yield myself such time as I may con- of my time. education matters, in particular, and sume. The SPEAKER pro tempore. Without by example, the appropriation for St. Mr. Speaker, I have no disagreement objection, the previous question is or- Coletta’s. with the suggestion the gentleman dered on the motion to instruct. Mr. Speaker, in that regard, I yield from Pennsylvania (Mr. FATTAH) is There was no objection. as much time as he may consume to making. I think the whole idea of the The SPEAKER pro tempore. The my colleague from West Virginia (Mr. gentleman’s motion is to, in fact, do question is on the motion to instruct MOLLOHAN) to say a few words about what it is we have already done in the offered by the gentleman from Penn- this important appropriations. bill. The administration, the OMB, sylvania (Mr. FATTAH). Mr. MOLLOHAN. Mr. Speaker, I have weighed in. They are, in fact, sup- The motion was agreed to. A motion to reconsider was laid on thank the gentleman from Pennsyl- portive of this move; and so I have no the table. vania (Mr. FATTAH), the ranking mem- disagreement at all. The SPEAKER pro tempore. Without ber for yielding the time. I would also like to comment briefly objection, the Chair appoints the fol- We are all aware of the incidents of on the gentleman from West Virginia lowing conferees: Messrs. KNOLLEN- mistreatment and abuse of persons (Mr. MOLLOHAN), who does bring up I BERG, ISTOOK, CUNNINGHAM, DOOLITTLE, with mental retardation in the District think something that we should all SWEENEY, VITTER, YOUNG of Florida, of Columbia. There are horrible stories. look at very, very close, that is, St. Coletta’s. He makes remarks that I FATTAH, MOLLOHAN, OLVER and OBEY. We have read these in the Washington There was no objection. Post, describing an education system think coincide with mine because I too for those with special needs that is have met with the folks from St. f dominated by for-profit companies just Coletta’s, and so we join in addressing WAIVING POINTS OF ORDER going through the motions. These com- that issue and promoting it in the fash- AGAINST CONFERENCE REPORT ion that we think it should be, and I panies are in the business of covering ON H.R. 2620, DEPARTMENTS OF believe that from what I can sense here up mistreatment rather than working VETERANS AFFAIRS AND HOUS- we should have a good conference. ING AND URBAN DEVELOPMENT, to correct it. We are close on a number of issues, Today, I stand before the House with AND INDEPENDENT AGENCIES but we are close enough I think on the a solution to this unspeakable problem, APPROPRIATIONS ACT, 2002 money issue to redeem and bring this St. Coletta’s School, a non-profit in Al- to resolution; and so with that, unless Ms. PRYCE of Ohio. Mr. Speaker, by exandria serving children and adults the gentleman from Pennsylvania (Mr. direction of the Committee on Rules, I with cognitive and multiple disabilities FATTAH), the ranking member, wants call up House Resolution 279 and ask from the D.C. metro area. St. Coletta to express an opinion. for its immediate consideration. currently serves 120 students between Mr. FATTAH. Mr. Speaker, will the The Clerk read the resolution, as fol- the ages of 4 and 22 years. These stu- gentleman from Michigan yield for just lows: dents are mentally retarded, autistic, 1 second? H. RES. 279 suffer from multiple disabilities; and Mr. KNOLLENBERG. I am glad to Resolved, That upon adoption of this reso- the majority have secondary disabling yield to the gentleman from Pennsyl- lution it shall be in order to consider the conditions such as blindness, deafness, vania. conference report to accompany the bill social and emotional problems, cere- Mr. FATTAH. Mr. Speaker, I want to (H.R. 2620) making appropriations for the De- bral palsy, and other physical impair- compliment the gentleman from Michi- partments of Veterans Affairs and Housing and Urban Development and for sundry inde- ments. gan (Mr. KNOLLENBERG) and thank him Mr. Speaker, 80 percent of those stu- pendent agencies, boards, commissions, cor- for his leadership and cooperation and, porations, and offices for the fiscal year end- dents are from Washington, D.C. Thir- of course, the full committee chairman ing September 30, 2002. All points of order ty-five percent of these D.C. students and ranking member, their guidance, against the conference report and against its are in foster care or third-party place- as we have moved through this process. consideration are waived. The conference re- ments due to abuse, neglect, abandon- I am anxious to go to conference and port shall be considered as read. ment or death of parents. An addi- finish our work for the year; and I be- The SPEAKER pro tempore. The gen- tional 30 percent of the D.C. students lieve that the motion to instruct and, tlewoman from Ohio (Ms. PRYCE) is live with only 1 parent or extended moreover, the committee’s work prod- recognized for 1 hour. family members. uct is a great foundation from which Ms. PRYCE of Ohio. Mr. Speaker, for Recognizing the desperate need in the House could proceed in a con- the purpose of debate only, I yield the D.C. for these vocational, therapeutic, ference; and I would be remiss not to customary 30 minutes to the gentle- behavioral and family support and case also thank the gentlewoman from the woman from New York (Ms. SLAUGH- management services, St. Coletta’s of District of Columbia (Ms. NORTON) for TER), pending which I yield myself such Greater Washington, Inc., is expanding her leadership and urgings as we have time as I may consume. During consid- its program to further serve the unmet walked down this road towards the eration of this resolution, all time needs of this D.C. community. D.C. appropriations. yielded is for the purpose of debate St. Coletta plans to purchase and I thank the gentleman for yielding. only. renovate a facility to bring its already Mr. Speaker, I yield back the remain- Mr. Speaker, House Resolution 279 is existing day program to more D.C. resi- der of my time. a standard rule waiving all points of dents. The new facility will accommo- Mr. KNOLLENBERG. Mr. Speaker, I order against the conference report to date approximately 150 D.C. students am willing, of course, to accept what accompany H.R. 2620, the Fiscal Year and provide vocational and functional was mentioned. I want to also briefly 2002 Veterans Affairs, and Housing and life-skills training, speech therapy, oc- say that the gentleman from Pennsyl- Urban Development, and Independent cupational therapy, physical therapy, vania (Mr. FATTAH), while thanking Agencies Appropriations bill. and behavioral management services. me, should also get thanked from me Mr. Speaker, this conference report Mr. Speaker, I am very grateful to because he has done, I think, a great provides yet another example of a care- the gentleman from Michigan (Mr. amount of work to bring this about. We fully crafted, bipartisan product from KNOLLENBERG), the chairman; and the use this word bipartisanship a little our Committee on Appropriations that gentleman from Pennsylvania (Mr. loosely; but frankly, we are on the maintains fiscal discipline, while ad- FATTAH), the ranking member; for sup- same page in almost every respect; and dressing some of our Nation’s most porting St. Coletta’s expansion project when we have an occasional disagree- pressing needs. in the House D.C. bill and hope that ment, it is not a disagreement. It is It takes care of our veterans; ad- more can be done for this project in worked out. dresses the Nation’s critical housing

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.020 pfrm02 PsN: H08PT1 H7920 CONGRESSIONAL RECORD — HOUSE November 8, 2001 needs; helps to protect and preserve the Clean Water State Revolving Fund businesses damaged or affected by the our environment; invests in scientific is funded at $1.35 billion, equal to last attacks of September 11. research; and continues the exploration year’s level, and, finally, State Air My colleagues will also be pleased to into space. Grants are increased $8 million over know that the bill establishes a new, I would like to take this opportunity last year. higher standard for arsenic levels in to commend the gentleman from New Mr. Speaker, this conference report public drinking water, raising the York (Mr. WALSH); the gentleman from also maintains our commitment to the standards from 50 parts per billion to 10 West Virginia (Mr. MOLLOHAN), the exploration of space and the improve- parts per billion. ranking member, and all the members ment of science. I am pleased to say I also want to thank the chairman of the Committee on Appropriations that the National Science Foundation and the ranking member for the in- for their hard work and dedication. is increased by some $363 million above crease in funding in HUD’s Office of The conference report maintains our fiscal year 2001. This represents the Lead Hazard Control. Fifty of my col- commitment to our Nation’s veterans largest NSF budget ever, and will go a leagues signed a letter to the com- who selflessly placed themselves in long way to help foster scientific dis- mittee requesting this increase, be- harm’s way so we may enjoy the very covery, promote basic research, as well cause many older houses and apart- freedoms which we so cherish. as increase scientific education. ments still contain lead-based paint. NASA also receives an increase that Research shows that children with b 1145 will bring total funding to $14.8 billion. elevated blood levels are seven times With November 11, being Veterans It fully funds the Space Shuttle oper- more likely to drop out of school and Day, fast approaching, our Nation’s ations and maintains our commitment twice as likely to fall behind their veterans deserve our thanks, but more to the International Space Station. peers in language acquisition. In my importantly, they deserve and have This will enable the United States of district of Rochester, New York, 37 per- earned the benefits provided in this America to continue our superiority in cent of the children tested have more conference report. space exploration and aeronautical re- lead in their blood than the Center for This year the VA–HUD appropria- search. Disease Control and Prevention con- tions bill provides an additional $1 bil- Finally, Mr. Speaker, this conference siders safe. lion over last year’s increase for Vet- report provides the Federal Emergency Over the past decade, HUD has erans Medical Health Care, bringing Management Agency with $2.2 billion worked with local governments and the total to $21.3 billion. And I am for disaster relief to help some of our agencies to increase the number of lead proud to inform my colleagues, and Nation’s hardest-hit communities, hazard control programs. However, more importantly our veterans, that much needed in this time of our Na- millions of housing units remain con- we have increased Veterans Medical tion’s crisis. taminated with lead-based paint. To Health Care by $4 billion over the Mr. Speaker, this is a good con- further reduce lead paint health haz- course of the last 3 fiscal years. ference report and it deserves our sup- ards, the fiscal year 2002 HUD budget The bill increases Veterans Medical port. It takes a responsible path to- receives a $9.8 million increase over fis- and Prosthetic Research yet again by wards addressing our Nation’s most cal year 2001, bringing the total to 109.8 $20 million and provides an extra $128 pressing needs and priorities. I urge all million. These funds will be distributed million over last year’s funding level my colleagues to support this straight- through competitive grants to entities for the Veterans Benefit Administra- forward, noncontroversial rule, as well who agree to match the Federal grant. tion to expedite claims processing, as this must-do piece of legislation. So, combined with the private-sector which is a big problem. Mr. Speaker, I reserve the balance of funding, it supports a 10-year strategy Mr. Speaker, along with providing for my time. to eliminate paint hazards in 2.3 mil- the needs of our veterans, this legisla- Ms. SLAUGHTER. Mr. Speaker, I lion private housing units occupied by tion targets important resources to- thank my colleague from Ohio (Ms. low-income children. wards the challenges faced by our PRYCE) for yielding me the customary Included in this request is a set-aside urban communities and populations to half-hour, and I yield myself such time of $10 million to continue the Healthy provide adequate housing to help the as I may consume. Homes Initiative, which helps to de- most vulnerable folks in our society. (Ms. SLAUGHTER asked and was velop, to demonstrate, and promote Low-income families will benefit given permission to revise and extend cost-effective preventive measures to through this bill’s investment in the her remarks.) correct multiple safety and health haz- Housing Certificate Program, which Ms. SLAUGHTER. Mr. Speaker, I rise ards in the home that can cause serious provides funding for Section 8 renewals to express my strong support for the disease and injuries to children. and tenant protection. work performed on this bill by the There are lots of other programs in A $1.7 billion increase over last year’s chairman, the gentleman from New the bill that I could highlight for my funding level will allow for the renewal York (Mr. WALSH) and the ranking colleagues, but I will save that for of all expiring Section 8 contracts and member, the gentleman from West Vir- Chairman WALSH and Ranking Member provides needed relocation assistance. ginia (Mr. MOLLOHAN). MOLLOHAN, but let me say I support A total of $15.6 billion is provided for This is a critical bill for many of our both the rule and the underlying bill. this important program in fiscal year constituents. It directs funding for our Mr. Speaker, I reserve the balance of 2002. This includes $140 million to fund Nation’s veterans, addresses important my time. some 26,000 new Section 8 vouchers. housing concerns, protects the environ- Ms. PRYCE of Ohio. Mr. Speaker, I This housing assistance is critical in ment, and invests in science and tech- am very pleased to yield 3 minutes to helping families who are trying to lift nology research. the gentleman from Michigan (Mr. themselves up and improve their lives. Specifically, the conference report KNOLLENBERG), my distinguished col- Other needed housing programs that increases Veterans Administration league and a member of the Committee help our elderly, people with AIDS, and health care funding by over $1 billion, on Appropriations. the disabled also receive increases money that will go towards elimi- Mr. KNOLLENBERG. Mr. Speaker, I above last year’s funding levels in this nating much of the VA’s backlog of thank the gentlewoman for yielding me conference report. veterans’ claims. this time, and I thank the chairman, The report also provides important Moreover, the measure furthers our the gentleman from New York (Mr. resources to preserve and protect our commitment to doubling the National WALSH) and the ranking member, the environment for the next generation to Science Foundation budget to invest in gentleman from West Virginia (Mr. enjoy. It targets funding with an em- science and technology to secure Amer- MOLLOHAN) for the great work that phasis on State grants to protect the ican competitiveness into the future. they have done to produce this con- water we drink and the air we breathe. The bill authorizes $700 million in ference report and, in effect, to produce The State Revolving Fund for Safe HUD Community Development Block this bill. Drinking Water is increased by more Grant funding to New York State to I would also like to thank Frank than $25 million from last year’s level, provide grants to the New York City Cushing, who works under a great deal

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.025 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7921 of stress, but does it very, very well, distressed public housing and the em- can. But this Congress just passed a and all the staff that has done so re- powerment zones. bill which gave $25 billion in retro- markably well to produce this bill that I am gratified, Mr. Speaker, to know active tax increases to the biggest cor- we have, this conference report that we that we are increasing funding for Vet- porations in this country. IBM will get have in front of us today. None of it erans Administration programs, and I a check for $2 billion, GE and Ford will would be possible without their dedica- trust that this means that our VA hos- get checks for between $1 billion and a tion, their expertise, and the long pitals and services in the Chicago area $1.5 billion. And what did we do for vet- hours. I salute their work. will not have to experience drastic cuts erans in this budget? Barely keeping up I just want to highlight a few of the in programs and services, and that we with inflation. Barely keeping up with provisions in the bill. The bill provides do not have to continue the talk of the inflation. an extra $128 million to help the Vet- possibility of closing the Lakeside Vet- At a time when the backlog of cases erans Benefits Administration to expe- erans Administration Hospital. to be adjudicated accumulates at 10,000 dite claims processing. The veterans of I commend the committee for in- a week, this budget will do nothing to America do not deserve to suffer the creasing by 9.5 percent programs for clear up that backlog. This budget will lengthy waits they do now to receive the homeless and a 7.5 percent increase not help us cure or find a treatment or the benefits that they deserve. The to help meet the housing needs of per- a cause for Persian Gulf War illness. It extra funding is an important step for- sons with AIDS and their families. does not take any of the 250,000 home- ward in cutting these wait times. Mr. Speaker, these are indeed dif- less off the streets. I would also like to thank the chair- ficult times, and these are definitely b 1200 man, the ranking member, and the gen- times where there are going to be Mr. Speaker, it does not shorten the tleman from Ohio (Mr. OXLEY) for unmet needs. However, in spite of that, waiting time of months and months working with me to improve a pilot the committee has done a good and that our veterans have to wait for doc- housing program in my district. This outstanding job and has a good prod- tor’s appointments. This does not has amplification potential with dis- uct. I commend them for their efforts, honor our veterans, at a time not only tricts around the country. The pro- for their astuteness, and for the bal- when we are approaching Veterans’ gram is providing a viable and cost-ef- ance which they have displayed. Day but when our men and women are fective housing alternative for the Ms. PRYCE of Ohio. Mr. Speaker, I at war and we will have more veterans aging population, and I am pleased yield such time as he may consume to and more service-connected problems. that it will continue. the gentleman from New York (Mr. We are not sending a signal in the men I want to note also there is a $363 WALSH), my distinguished colleague and women engaged in the war against million increase in funding for the Na- and the chairman of the VA–HUD Com- terrorism when we treat our veterans tional Science Foundation. The NIH mittee on Appropriations. We all take in this way. and CDC get much of the publicity our hats off to him for his hard work, All of the veterans in this country when we talk about medical and sci- as well as to the ranking member, the came together to produce The Inde- entific advances. But few of those ad- gentleman from West Virginia (Mr. pendent Budget, a budget by veterans vances would be possible without the MOLLOHAN). for veterans. It outlined the needs that basic research that is conducted by Mr. WALSH. Mr. Speaker, I thank our veterans have. But what does this NSF. I am pleased that these and other the gentlewoman from Ohio for yield- bill have, $2 billion less than what this funding priorities in the bill will be ing me this time. She has now helped calls for. The final conference report signed into law when this conference us guide this bill through the House for that we are voting on provides less report lands on the President’s desk. the third time, and she does a mar- money than either House provided in Chairman WALSH is to be saluted for velous job. I would also like to thank their resolution. How can a conference crafting this piece of legislation under her opposite number, my neighbor, the report come back with less than each some very difficult circumstances. He gentlewoman from New York (Ms. House recommended? and the gentleman from West Virginia SLAUGHTER), for the courtesies ex- Mr. Speaker, those who are adept at (Mr. MOLLOHAN) have worked tirelessly tended to the gentleman from West these conference reports will have to with our colleagues in the other body Virginia (Mr. MOLLOHAN), myself, and explain that to me. We come back with to forge a fiscally responsible bill in a our subcommittee. Thanks also to $2 billion less than our veterans need, less than what each House called for, bipartisan spirit. Chairman DREIER, who quickly guided So, Mr. Speaker, this conference re- us through the Committee on Rules and yet we are about to go out on No- port is the fruit of the effort, and I and turned us loose. vember 11 and November 12 and say to our veterans, we support them. We love urge adoption of the rule and the con- We think we have a very good bill. There are a number of compromises them. ference. Mr. Speaker, this conference report Ms. SLAUGHTER. Mr. Speaker, I within the bill, but there are also, I does not do the job that our veterans think, some fairly important policy yield 3 minutes to the gentleman from deserve and our new veterans are going statements that we make. We allocated Illinois (Mr. DAVIS). to need. This budget again is a dis- Mr. DAVIS of Illinois. Mr. Speaker, I precious resources to the priorities honor to our veterans as we approach commend and congratulate the gen- that were expressed by the House and Veterans’ Day on November 11. tleman from New York (Mr. WALSH) the Senate, and I will deal more with Ms. PRYCE of Ohio. Mr. Speaker, I and the gentleman from West Virginia the details when the bill comes before reserve the balance of my time. (Mr. MOLLOHAN) for their outstanding us. But I would urge all Members to Ms. SLAUGHTER. Mr. Speaker, I leadership and work on this bill. support the rule. yield 4 minutes to the gentlewoman I rise in support of the rule and in Ms. SLAUGHTER. Mr. Speaker, I from Texas (Ms. JACKSON-LEE). support of the conference report. I am yield 3 minutes to the gentleman from (Ms. JACKSON-LEE of Texas asked particularly pleased that the report California (Mr. FILNER). and was given permission to revise and funds renewal of Section 8 contracts Mr. FILNER. Mr. Speaker, I thank extend her remarks.) due to expire in 2002, and that it funds the gentlewoman for yielding me this Ms. JACKSON-LEE of Texas. Mr. 25,900 new rental vouchers. time, and I would like to point out that Speaker, I thank the ranking member I am disappointed by the elimination as this body is preparing to adjourn for and the chairman of the committee. of the Drug Elimination Grant Pro- Veterans Day, despite some of the com- We realize the trying times that we are gram, but understand that these pro- ments we have heard, this budget is in, and I think many of us would have grams will be funded from increases in not a good budget for our veterans and relished the opportunity for these very public housing operating subsidies. we are not honoring them as we come vital programs to have provided more I am also pleased that programs for up to Veterans Day. resources. In fact, I would imagine if the elderly get a small increase, and I understand that the chairman of we could go back to the drawing that housing programs for the disabled the committee and the ranking mem- boards, we would recognize the enor- are positively impacted. I had hoped ber have had a certain budget to deal mous needs that these services in this not to see any decreases in funding for with, and they have done the best they particular bill address.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.028 pfrm02 PsN: H08PT1 H7922 CONGRESSIONAL RECORD — HOUSE November 8, 2001 But let me first of all as we talk ton Community College seed money of tribute as we prepare for Veterans’ Day about Veterans’ Day acknowledge the $50,000 to help us recognize that eco- this November 11. extra $128 million that the veterans nomic development technology are Mr. Speaker, once again our hats will get to expedite claims processing. interwoven. I look forward to these should be off to the gentleman from If there is anything in our congres- ideas and these monies moving forward New York (Mr. WALSH) and the gen- sional districts that causes us great to help build our country and as well tleman from West Virginia (Mr. MOL- concern, it is our veterans coming in build a better quality of life. LOHAN) and the entire appropriations attempting to process their claims for Ms. SLAUGHTER. Mr. Speaker, I committee. I urge a yes vote on this needs that are immediate. I believe it yield 2 minutes to the gentleman from rule and the conference report. is important to overcome that par- Virginia (Mr. SCOTT). Mr. Speaker, I yield back the balance ticular need. Mr. SCOTT. Mr. Speaker, I thank the of my time, and I move the previous In addition, I think it is extremely gentlewoman for yielding me this time. question on the resolution. important that there is an increase in Mr. Speaker, I rise today in strong The previous question was ordered. this particular legislation for veterans. support of the conference report for The resolution was agreed to. I would argue to say that we can al- VA–HUD. The bill funds many impor- A motion to reconsider was laid on ways, as I work with homeless vet- tant agencies, and much has been said the table. erans, do more for them. I am hoping about those agencies, particularly f as we move towards the next session about Veterans’ Affairs. But I would and the next fiscal year, we can reem- like to specifically recognize the hard GENERAL LEAVE phasize the needs of our homeless vet- work of the members of the conference Mr. WALSH. Mr. Speaker, I ask erans with whom I have worked on a committee for their work in approving unanimous consent that all Members regular basis. funding increase for aeronautics re- may have 5 legislative days within But we are addressing some needs, search. which to revise and extend their re- and whenever I go home and interact We know that dollar for dollar, in- marks on the conference report to ac- with my community, they are always vestments in aeronautics research pays company H.R. 2620, and that I may in- speaking about another issue and that off. Every aircraft worldwide uses clude tabular and extraneous material. is dealing with housing. I would like to NASA technology, and the research The SPEAKER pro tempore (Mr. refer to the housing for the Nation’s el- center located in Hampton, Virginia, SIMPSON). Is there objection to the re- derly, section 202 which has received an has been at the forefront of developing quest of the gentleman from New increase, the homeless program which these cutting-edge technologies. Engi- York? has been fully funded at $1.23 billion, neering principles developed from the There was no objection. the housing, the HOPWA program. I past research at Langley have contrib- f might say that we will be working with uted to overall aircraft safety and effi- CONFERENCE REPORT ON H.R. 2620, HUD to ensure that those dollars get to ciency, including things like wind de- DEPARTMENTS OF VETERANS communities that are diverse, that we sign, noise abatement, structural in- AFFAIRS AND HOUSING AND ensure that those programs are spread tegrity, and fuel efficiency. It is impor- URBAN DEVELOPMENT, AND throughout, that we are reaching the tant to remember that these principles INDEPENDENT AGENCIES APPRO- communities that are impacted. We re- were developed 5, 10 and 20 years before PRIATIONS ACT, 2002 alize that in the African American they led to improvements in the air- community, HIV–AIDS is the one killer craft we see today. Mr. WALSH. Mr. Speaker, pursuant in ages 25 TO 44. We need those dollars In recent years, NASA’s research has to House Resolution 279, I call up the to be spread in a diverse way. We have been reduced by about one-third. Re- conference report on the bill (H.R. 2620) community development block grant versing that declining trend in aero- making appropriations for the Depart- money, and I am delighted that is nautics funding now will enable the ag- ments of Veterans Affairs and Housing there, as well as the Superfund monies gressive research and technology pro- and Urban Development, and for sun- which have been funded. grams that are needed to lead the dry independent agencies, boards, com- As a member of the Committee on United States into the 21st century, as missions, corporations, and offices for Science, Subcommittee on Space and the world’s leader in aeronautics and the fiscal year ending September 30, Aeronautics, express my extreme dis- space research, a key cornerstone of 2002, and for other purposes. appointment that we have not seen fit our future economic prosperity. The Clerk read the title of the bill. to fully fund our Space Station and Again, I extend my appreciation to The SPEAKER pro tempore. Pursu- provide the extra safety and the extra the gentleman from New York (Mr. ant to the rule, the conference report is crew module. We fought against this WALSH) and the gentleman from West considered as having been read. cut, and I am hoping that the adminis- Virginia (Mr. MOLLOHAN) and the other (For conference report and state- tration will see the error of its ways conferees for their strong support for ment, see proceedings of the House of with respect to the Space Station. We the national investments in aero- November 6, 2001, at page H7787.) have fought long and hard, and in this nautics research, and I urge Members The SPEAKER pro tempore. The gen- time the Space Station may become to support the conference committee tleman from New York (Mr. WALSH) even more valuable. We realize that we report. and the gentleman from West Virginia have to be fiscally responsible as re- Ms. SLAUGHTER. Mr. Speaker, I (Mr. MOLLOHAN) each will control 30 lates to NASA, but we need to do more. have no further requests for time, and minutes. In Houston, in particular, we are I yield back the balance of my time. The Chair recognizes the gentleman very gratified that the conference has Ms. PRYCE of Ohio. Mr. Speaker, I from New York (Mr. WALSH). seen fit to focus on beautification. The yield myself such time as I may con- Mr. WALSH. Mr. Speaker, I yield my- Heights Association in Houston receiv- sume. self such time as I may consume. ing $100,000; to focus on recreation, Mr. Speaker, this is a good con- Mr. Speaker, it is a privilege to $25,000 for the Acres Home Citizen ference report. It balances a number of present for consideration of the House Council Recreational Complex that very important priorities. It protects the conference report on H.R. 2620, the will enhance economic development in our environment and keeps the United VA–HUD and Independent Agencies Ap- that area, create a whole buzz of activ- States at the forefront of space explo- propriations Act for 2002. ity, compete with of course our great ration. It provides needed funding to In the interest of time, I will try to sports arenas by going into a neighbor- ensure new scientific discovery and ad- be brief. I would like, however, to begin hood and focusing, and recognizing dresses our Nation’s critical housing by saying that this is a good bill. I that the whole Nation needs to be needs. think the fact that we had a unani- wired and to put in an intercity area, Finally, it provides for the benefits mous vote on the rule is symbolic of the home of Barbara Jordan and Nicky and assistance of our Nation’s veterans what is to come. Like those presented Leland, the Fifth Ward Technology that they have earned and that they in each of the past few years, it is very Center in cooperation with the Hous- should enjoy. It is a fitting and timely much a solid, bipartisan effort of the

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.049 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7923 House and Senate. In this regard I Public Housing Capital Fund and the Finally, I am proud to say that we would like to express my sincere appre- Drug Elimination Grant Program. Nei- have raised the overall funding for the ciation to the gentleman from West ther of these programs is serving the National Science Foundation by just Virginia (Mr. MOLLOHAN), as well as to best interests of the people they were over $316 million to a total program of our very able Senate colleagues, Sen- intended to serve, and it is our job to $4.789 billion. That is an increase of 8.2 ators MIKULSKI and BOND. take whatever steps are necessary to percent compared to last year. Doing a While we clearly had differences and remedy the situation. little research myself, 10 years ago many difficult decisions on several as- In the case of capital funds, it meant that budget was half, so that the Na- pects of the bill as passed by each body, getting tougher on public housing au- tional Science Foundation budget has the conference report nevertheless rep- thorities to spend the dollars intended doubled in the past 10 years. The bulk resents a true collaboration of effort for the residents of public housing au- of this increase will go to improve and an honest negotiated compromise. thority. There are literally hundreds of available resources for National Again, I am grateful to my colleagues millions of dollars worth of code viola- Science Foundation’s core research for their candor, perseverance, and tions and hazards not getting fixed. programs, bringing the total research In the case of the Drug Elimination friendship. program to nearly $3.6 billion, while Grant Program, it meant taking an With the House’s indulgence, I would the remainder would be spread to honest look at whether HUD is the best like to take a few minutes to briefly major research, construction and entity to run this type of program. outline the highlights of the proposal. equipment, education and human re- First and foremost, the conference re- b 1215 source programs, and salaries and ex- port is within the 302(b) allocation for Based on HUD’s track record, we did penses for NSF’s capable staff. budget authority and outlays. The not believe that it was. Instead, this bill’s discretionary spending is $85.4 I would like to add that I personally bill increases funding in the operating would have liked to do more here, as I billion in new budget authority, which fund so that all PHAs will see an in- is an increase of just over $2 billion know my colleague, the gentleman crease. They then have the discretion from West Virginia (Mr. MOLLOHAN), above the budget submission and some to use those funds as they see fit. $2.9 billion over last year’s bill. would. However, to do so only could The Environmental Protection Agen- have been done at the expense of other I would note for the House that this cy’s funding increases some $586 mil- level of discretionary spending includes very important programs found in lion over the budget request, and $74 other agencies throughout the bill. emergency spending for $1.5 billion for million above last year. This proposal FEMA for disaster relief requirements. Having said that, given the increase continues to provide a strong research proposed by the administration of 1 We have tried as best we can to program as well as increased resources spread the proposed increases through- percent, we have done a remarkable for the many State categorical grants, job. out the bill: discretionary veterans including section 106 water pollution programs overall are increased by over grants, section 103 and 105 air pollution All Members are, of course, aware of $1.4 billion compared to 2001. This fol- grants, and the new BEACH grant pro- the difficulty in putting these bills to- lows on some very substantial in- gram. The Clean Water SRF program gether, especially with so many diverse creases in the last 2 years, with $1.05 has been funded at $1.35 billion and the and competing interests. Developing billion of the increase going to medical Safe Drinking Water SRF has received the perfect bill is probably impossible. care and the remainder spread to re- $850 million. These are substantial Nevertheless, I believe we have done a search, processing veterans’ compensa- commitments. However, they are tremendous job developing a bill that tion, pension and education claims, op- dwarfed by the need that is out there represents the interests of both the leg- erating our national cemeteries, and in combined sewer overflow projects islative and the executive branch. increasing necessary construction at throughout the country. By the way, I would like to thank the VA facilities by over $160 million over FEMA’s operating programs increase executive branch for allowing us to do last year. by nearly $135 million over the 2001 our job without a great deal of inter- Housing programs have increased in funding level and we have provided $2.1 ference. They have been very coopera- HUD by over $1.67 billion compared to billion in emergency and non- tive. Their priorities were made. We 2001, with increases in the housing cer- emergency dollars for disaster relief. I tried to honor those priorities; in many tificate program, public housing oper- should also mention that $150 million cases we did. But the relationship this ating subsidies, the HOPWA program, has been provided for the new fire- year was excellent. HOME investment partnerships, the fighter grant program which, as my With that, Mr. Speaker, I want once housing for the elderly and disabled colleagues can imagine, is a very, very programs, and the disabled program is popular and competitive program. again to thank all my colleagues for al- a significant increase, and the lead haz- NASA’s programs will receive a net lowing us the privilege of presenting ard reduction program. It is important increase of $508 million over last year, this conference report on the fiscal to note that this proposal also includes and we have proposed several struc- year 2002 appropriations for veterans, some very difficult but I believe ex- tural changes in the agency’s account housing and independent agencies. I tremely important and highly defen- structure to provide them greater pro- urge its adoption. sible changes in policy direction which grammatic flexibility and the com- Mr. Speaker, I include the following are represented by reductions in the mittee, better oversight capability. material for the RECORD:

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VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.051 pfrm02 PsN: H08PT1 Insert offset folio 204/6 here EH08NO01.006 H7930 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Mr. Speaker, I reserve the balance of ital Fund was increased $290 million all understand the lateness of the new my time. from the House-passed funding level, administration being put in place. But Mr. MOLLOHAN. Mr. Speaker, I and we maintained the $250 million in- we were 2 months late in actually get- yield myself such time as I may con- crease in the operating fund that was ting the detailed numbers that we need sume. I rise in support of the 2002 VA, contained in the House bill. Funding to as appropriators to work these bills. HUD and independent agencies con- renew all existing Section 8 vouchers is But since that time on May 9, we have ference report and all of its fundings. included, as is funding to provide 18,000 produced the two supplementals that I want to begin by thanking Chair- new Fair Share vouchers and 7,000 new were major supplementals through the man WALSH who, as usual, has done an vouchers reserved for the disabled. entire process and to the President. excellent job with this legislation. We Within EPA, we restored the Clean We have also concluded all of our appreciate his courtesies and the op- Water State Revolving Fund to the work on the Interior appropriations portunity for input in the bill through- funding levels of past years, $1.35 bil- bill, the Military Construction appro- out the process. He has had an espe- lion, and provided an overall increase priations bill, the Energy and Water cially full plate this year, managing of $75 million over this fiscal year, appropriations bill, the Legislative this bill with restricted allocations and nearly $600 million over the adminis- Branch appropriations bill, the Treas- at the same time providing leadership tration’s request. ury-Postal appropriations bill, and in the appropriations process to ensure These improvements have not come today we will conclude our business on that New York receives adequate fund- at the expense of scientific research. the VA–HUD bill that is before us. ing to address its emergency needs The National Science Foundation will Also today we received unanimous arising out of the September 11 ter- receive an increase of $362 million, an consent to take up the appropriations rorist attacks. 8.2 percent increase over 2001, an in- bill for Agriculture, to file it by mid- I want to begin by thanking the ma- crease that is distributed broadly by night tomorrow night; we will com- jority staff, Frank Cushing, Tim Peter- research category and includes ade- plete the conference on Commerce, son, Dena Baron, Jennifer Whitson, quate funds for major new science ini- Justice and State later today; we ap- Jennifer Miller and Ron Anderson, for tiatives. pointed the conferees for the District their hard work and openness during For NASA, a 3.5 percent increase is of Columbia appropriations bill; and we the development of this conference re- provided. While I continue to have con- appointed the conferees for the Labor, port. I must make particular note of cerns that we are not providing NASA HHS and Education appropriations bill. their generosity in sharing their Cap- the resources needed to undertake the We hope to conclude those conferences itol office space with the minority staff missions that have been identified for by the middle of next week and hope- during the time that Members and staff that agency, I would suggest that this fully will be on the floor before or by Friday of next week. were prohibited from occupying our of- minimal increase is a recognition of I might say, Mr. Speaker, that part fice buildings. I also want to thank my the budget constraints we face. I be- of the slowdown here also has been excellent staff, Mike Stephens, lieve that we as a Congress should look that the other body, while its appro- Michelle Burkett, Angela June Ohm closely at NASA in the next year and priations committee had reported out and Gavin Clingham, for their hard provide additional resources to that most of its bills, the other body held work during this process. All staff have agency. appropriations bills for a long time and This conference report is the product really done an excellent job on a very did not pass them. And so we cannot go difficult bill. of a balancing act, and I believe that to conference on an appropriations bill Given the resources, Mr. Speaker, we have done a good job ensuring that until the other body passes it as well. that this subcommittee was allocated, the needs of each agency are met. I ask But while the committee did pass out we were forced to work together in a for the body’s support. its bills, the full Senate did not take constructive manner to reach reasoned Mr. Speaker, I reserve the balance of them up. compromises. No Member got every- my time. We still have to do the Transpor- thing that they wanted, each sacrificed Mr. WALSH. Mr. Speaker, I yield 5 tation conference, and there is one on issues of importance, to us and to minutes to the gentleman from Florida issue that is delaying us there, and our caucuses, but we have produced a (Mr. YOUNG), the distinguished chair- that has to do with a difference of opin- conference report worthy of the body’s man of the Committee on Appropria- ion between several Members of the support. tions. other body and the President of the The bills passed by the House and the Mr. YOUNG of Florida. Mr. Speaker, United States on the issue of trucks Senate were not significantly different I rise, number one, to congratulate entering the United States from a for- in allocation but did contain signifi- Chairman WALSH for having done such eign land. That has to be resolved yet, cant substantive differences. In each a tremendous job in taking a 302(b) al- but we think that will happen also by case, a middle ground was sought and location that was not nearly as much the end of next week. improvements have been made. as these agencies could have used but The major outstanding issue, having I want to take a minute to discuss a in providing a bill that really gets the said all of this is the Defense bill. It few of the programmatic numbers in job done. He has done an outstanding has yet to be done in the Committee this conference agreement. job. He could not have had a better and in the House, but I believe we will Veterans remain a top priority of the partner than the gentleman from West also have it through the House by Fri- members of this subcommittee. We Virginia (Mr. MOLLOHAN). They worked day of next week. I do not think we have provided $21.3 billion for the med- together in just a very strong, bipar- will be able to have it conferenced by ical care account. This is $350 million tisan fashion. Their staff support was Friday of next week. The Defense bill over the President’s request, an in- equally bipartisan, and we produced a itself has been completed for over a crease of $1.5 billion over the current good bill. And so I would hope that we week, but we are using it as a vehicle year, and almost $50 million over what would get a very good vote for this con- to deal with last $20 billion of the sec- was in the House bill when it left this ference report. ond supplemental we did. body. We also increased the medical In addition, Mr. Speaker, I would like This gets a little confusing and com- and prosthetic research account by $20 to make an announcement to the Mem- plicated, but on the $40 billion supple- million over 2001 funding. bers that we are nearing the end of the mental that we passed in the days after Important to members of my caucus, appropriations process for fiscal year the terrorist attacks, if Members re- we were able to improve the House- 2002. I think everyone would breathe a call, we required that the last $20 bil- passed funding levels for the Depart- deep sigh of relief over that, especially lion of that Act actually go through ment of Housing and Urban Develop- the chairman of the committee. the appropriations process once the ment, the Environmental Protection Briefly, we have produced two major President decided how he would like to Agency, and provide the Corporation supplemental bills since we received use that $20 billion to respond to the for National and Community Service the details of the President’s budget on terrorist attack of September 11. So funding comparable to its fiscal year May 9, which was about 2 months later while the Defense bill has been com- 2001 funding. The Public Housing Cap- than we normally get it, but I think we pleted for about 10 days, we have been

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.035 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7931 holding it as the vehicle for that $20 and the gentleman from Michigan (Mr. radiation generated from the local billion. We will mark up that $20 bil- KILDEE). Senator BOXER in the other power plants. lion part of that Defense bill on Tues- body led the fight. My good friend, the I am gratified the VA–HUD appro- day of next week and hopefully will gentleman from Michigan (Mr. DIN- priations conference report contains have it on the floor Wednesday or GELL), was a steadfast supporter to get $500,000 for Rockland County, New Thursday. That is our plan. the strongest possible language that we York, for an assessment of environ- Again, Mr. Speaker, because of the could get in conference. mental hazards in Rockland County good work of members of the Com- I also want to thank again my friend, and the East Side of Manhattan. It is mittee on Appropriations on both sides the gentleman from West Virginia (Mr. my intention and that of the gentle- of the aisle and the support that we re- MOLLOHAN), and the appropriations woman from New York (Mrs. MALONEY) ceived by both sides of the aisle on our staff for all the assistance and help that this money be allocated to the appropriations bills this year, again I that they put in. This was a bipartisan NYU School of Medicine for this impor- say, we can breathe a sigh of relief. We victory. We had many supporters on tant study. are reaching the end of that process for the other side of the aisle as well. Therefore, I am asking our good fiscal year 2002. The report language accompanying chairman, the gentleman from New Mr. MOLLOHAN. Mr. Speaker, I am the arsenic standard raises a concern York (Mr. WALSH), to clarify this is the pleased to yield 4 minutes to the dis- that we all share, and that is what that intent of this proposal. tinguished gentleman from Michigan impact will be on small communities. Mr. WALSH. Mr. Speaker, will the (Mr. BONIOR), the minority whip. The science is clear. No community gentleman yield? Mr. BONIOR. I thank my colleague would want to expose their citizens to Mr. GILMAN. I yield to the gen- for yielding me this time. higher levels of arsenic. But these com- tleman from New York. Mr. Speaker, first of all, congratula- munities need financial help to meet Mr. WALSH. Mr. Speaker, I thank tions to my colleague from West Vir- the new standard, not exemptions and the gentleman from New York for ginia and my colleague from New York waivers from the law. That is why au- bringing this issue to my attention. I for the job that they did on the bill. thorizing legislation that the gen- share his concern for the findings in Today is a historic day for public tleman from California (Mr. WAXMAN) the New York Department of Health’s health and safety and it is a great day and I and others introduced would dou- report which show the high incidence for the environment. Today, after a ble the amount of funds available to of breast cancer in Rockland County decade-long battle, we are finally low- help meet this new standard. and the East Side of Manhattan. ering the level of arsenic in our drink- When it comes to getting poison out I want to assure my colleagues, the ing water. The United States will fi- of our drinking water, no community gentleman from New York (Mr. GIL- nally join the rest of the developed should be left behind. Next year, we MAN) and the gentlewoman from New world in cleaning up its drinking need to step up to the plate and help York (Mrs. MALONEY), that it is the in- water. these small water systems with addi- tent of the language included in the tional resources. conference report for this study to be b 1230 This is one of the most important en- directed to the New York School of Arsenic is a toxic poison that can vironmental and public health vic- Medicine. cause lung cancer, bladder cancer, skin tories to come out of this Congress. It Mr. GILMAN. Mr. Speaker, reclaim- cancer; and according to the National is a tremendous step forward in mak- ing my time, I want to thank our good Academy of Sciences, the threat to our ing sure that our drinking water is as friend, the gentleman from New York children and pregnant women and any- clean and safe as it can be. I applaud (Chairman WALSH), for his support. one who drinks this carcinogen is even and thank my colleagues for their sup- Mrs. MALONEY of New York. Mr. greater than we had originally port on this important measure. Speaker, will the gentleman yield? thought. Arsenic simply has no place Mr. WALSH. Mr. Speaker, I yield 3 Mr. GILMAN. I yield to the gentle- in our drinking water. minutes to gentleman from New York woman from New York. I am very pleased that the VA–HUD (Mr. GILMAN), the distinguished dean of Mrs. MALONEY of New York. Mr. conference report includes language the New York Republican delegation. Speaker, I want to thank the gen- that I offered on this floor to cut the (Mr. GILMAN asked and was given tleman and the gentleman from New level of arsenic by 80 percent without permission to revise and extend his re- York (Mr. WALSH) for his strong efforts any further delay. EPA now cannot marks.) in working with me to secure funding drag its feet any longer. We need to get Mr. GILMAN. Mr. Speaker, I thank for this very, very important project. to 10 parts per billion immediately. Not the gentleman for yielding me time. One in seven women die of breast can- next year, not next month, but now. As my colleague is aware, the New cer, and we have a huge incidence in EPA should never have blocked this York State Department of Health re- our two respective districts. ruling in the first place. In fact, based cently released its findings from its I also especially thank the gentleman on the science, we should actually go Cancer Surveillance Improvement Ini- from New York (Chairman WALSH), lower than 10 parts per billion to ade- tiative. That report showed that Rock- who worked very hard with us in the quately protect the public health. land County and the East Side of Man- VA–HUD bill, along with the ranking Because of the actions we are taking hattan have among the highest breast member, the gentleman from West Vir- here today, millions of Americans will cancer incidents in our State. ginia (Mr. MOLLOHAN); and we appre- be drinking cleaner water. This is a se- Specifically, the report shows that a ciate very, very much their support. I rious problem in my home State of majority of these two areas are charac- believe we will save lives eventually. Michigan. There are only four other terized by elevated incidence and are 15 Mr. MOLLOHAN. Mr. Speaker, I am States that have a higher exposure to to 50 percent higher than the State av- pleased to yield 6 minutes to the gen- arsenic in the entire Nation. According erage for breast cancer incidence. tlewoman from Florida (Mrs. MEEK), a to the EPA, we have 367,000 Michigan In response to that alarming finding, distinguished member of our sub- residents in 176 communities who may I have been working with my colleague committee. be drinking water containing arsenic in from Manhattan, the gentlewoman Mrs. MEEK of Florida. Mr. Speaker, I amounts higher than 10 parts per bil- from New York (Mrs. MALONEY), to se- thank the ranking member for yielding lion. We are finally taking action to cure funding from the EPA for the me time. protect those people. NYU School of Medicine to conduct an Mr. Speaker, I am very proud to I want to thank those who helped assessment to determine if the ob- serve on the subcommittee on VA, bring this victory about, including served excess incidence of breast can- HUD and independent agencies. those cosponsors of my original amend- cer in my area of Rockland County and The gentleman from New York ment in the House: the gentleman from in the East Side of Manhattan, the (Chairman WALSH) and the ranking California (Mr. WAXMAN), the gen- area of the gentlewoman from New member, the gentleman from West Vir- tleman from Ohio (Mr. BROWN), the York (Mrs. MALONEY), are associated ginia (Mr. MOLLOHAN), have done the gentleman from Wisconsin (Mr. OBEY), with air pollution and electromagnetic work of a dynamic duo. First of all,

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.052 pfrm02 PsN: H08PT1 H7932 CONGRESSIONAL RECORD — HOUSE November 8, 2001 they were able to bridge the gap of bi- I support this conference report, not I want to thank this committee, and partisanship that is so sorely needed in because it is the best we can do, but I I hope we will adopt this conference re- this Congress, and they did it, and they support it in spite of that. This com- port and laud our two wonderful got a good job done because of that. mittee did very well with what it had. chairpeople and our staff. I have been in the majority, and I With a final allocation that is $200 mil- Mr. WALSH. Mr. Speaker, I yield 4 have been in the minority. I have seen lion below our House-passed bill, there minutes to the gentleman from New many talented and skilled leaders in was not much they could do to make Jersey (Mr. FRELINGHUYSEN), a very this body on both sides of the aisle, and this bill as good as it should be, but hard-working and distinguished mem- I always praise them. But I have rarely they did the very best they could do. ber of the subcommittee. seen the kind of effective bipartisan We should have done better, but my Mr. FRELINGHUYSEN. Mr. Speaker, leadership that these two Members mother used to say, you cannot get I thank the gentleman for yielding me had. They are serious about their re- blood out of a turnip when it is not time, and I rise in support of the VA– sponsibilities. They want to make gov- there. HUD conference report and want to ernment work, and they want to make True, our bill is a marked improve- thank the gentleman from New York it work well. They could not please all ment over what we initially passed in (Chairman WALSH) and the ranking of us. I am never always fully pleased. the House. Initially the House zeroed member, the gentleman from West Vir- But they are serious about it, and we out HUD’s Shelter Plus program, which ginia (Mr. MOLLOHAN), for their leader- do have a very good committee, and provides rental assistance for homeless ship and the good work of their staff. they are always willing to listen and people and their families. This con- I support this conference report for they want to help. They are problem ference report fully funds that pro- any number of reasons, but particu- solvers, and we are fortunate to have gram. larly because it contains a $1 billion in- them. We had many constraints on this The point I am trying to make, Mr. crease for veterans medical care over subcommittee, but they were able to Speaker, is that these major programs last year’s level. This is critically overcome most of them. that were so strongly needed, even needed funding, especially for my home I would like to thank on the majority though this particular committee did State of New Jersey, but for the rest of side Frank Cushing, Tim Peterson, not have the funding it needed to fund the Nation; and it will help provide Dena Baron, Jennifer Miller and Jen- these, it did its very best to serve these men and women who served in the mili- nifer Whitson; and on the Democratic programs, and not just stop them after tary with better access to the medical side, Mike Stephens and Michelle some success with them. care that they have so richly earned Burkett. They showed confidence, they Initially, the House zeroed out the and deserve. Over the past 3 years showed experience; and the help and Corporation for National and Commu- under the leadership of the gentleman good cheer is greatly appreciated. nity Service programs, which is a pro- from New York (Chairman WALSH), the This does a lot of good, Mr. Speaker, gram that many of the Members are so committee has provided $4 billion in because sometimes as Members we proud of and help out in their commu- increase for medical care. want things, and sometimes our reach nities, and that is the AmeriCorps pro- The conference report also takes an exceeds our grasp. But, as Tennyson gram. It is like a domestic Peace important first step towards providing said, after all, what is heaven for? Corps. This conference report funds veterans with schizophrenia medicines It funds the Federal urban empower- AmeriCorps, but reduces it by 6 per- that are far more valuable and very im- ment zones, which assist our oldest, cent. portant to their lives. It encourages poorest neighborhoods. It increases Far more serious, the House vetoed the VA to inform its doctors, pharmacy veterans health care, environmental out the Public Housing Drug Elimi- managers and, hopefully, its VISN di- protection, our space program and nation Program which was designed to rectors as well, not to use the cost of FEMA. help stamp out drug dealing in public atypical antipsychotics as a measure- This conference report should be housing because local police were not ment of job performance, and instead, fully endorsed by the Congress. I fully doing enough policing in these areas. to reinforce VA policy that physicians support it. All Members should. It in- Many of us would like to see that pro- use their best judgment when pre- creases the funding for the National gram reinstated, but the wisdom of the scribing medicines for mentally ill vet- Science Foundation’s Historically committee, following the administra- erans. If anyone deserves access to all Black Colleges Undergraduate Program tion’s advice, were not able to keep the latest, most advanced medicines from $17 million in the House-passed this program in. That is something available, it is our veterans. They de- bill to $28 million in the conference re- that I wish very much had been in the serve the best possible treatments we port. It will have a lot to do with conference report. can provide them. science education in historically black It also zeroes out Public Housing colleges and universities. Drug Elimination Grants. The $110 mil- b 1245 This conference report funds for the lion that we added to the public hous- I also support this conference report first time a program to help histori- ing operating subsidies would not begin because it provides a much-needed cally black colleges and universities to make up for the loss of this $300 mil- funding increase for the Section 811 with doctoral programs in science and lion program. What I am saying is the program, housing for disabilities. I am engineering. This will improve their PHOs would not be able to take the pleased that the House provided $29 competitiveness and their capabilities money they are receiving to make up million more for this program than the in getting Federal research dollars. for the drug elimination grants. Senate, and in the end, the conferees This has always been a problem among Still, this conference report is the agreed to provide the higher level. historically black colleges and univer- best we could do with the resources we There is a great need in our Nation for sities, and this conference report saw had to work with. So many programs housing of all types, but particularly that as a need, and they funded it. The in our VA–HUD bill are designed to as- housing dollars for nonelderly individ- doctoral candidates and the doctoral sist the poorest people in our society uals with disabilities. persons who are pursuing it in these with basic needs. Much of the country I support this conference report be- universities will certainly be helped. takes this for granted. They take for cause it also contains an important This conference report also includes granted a decent place to live, decent set-aside: $40 million within the Sec- $27 million, an increase over the House jobs. Many of our Congresspeople feel tion 8 voucher program to further in- level, for the Louis Stokes Alliance for that way, access to credit that they crease housing options for individuals Minority Participation Program to can borrow. with disabilities. help increase the number of minority Mr. Speaker, these programs are Combined with the increase in the students in basic science, math and en- needed to help poor people. I wish this Section 811 program, these two provi- gineering. This subcommittee saw the Congress would remember, these are sions will continue our efforts to pro- need for this kind of improvement with not just add-ons and they are not su- vide housing for some of those who are historically black colleges and also all perfluous bureaucracies. These things in greatest need, who wish to live with minority institutions. are needed. independence and dignity.

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.041 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7933 I also support this conference report He served, along with his roommate, We have not, and it is not the sub- because it increases funding for the Na- close friend, and legislative classmate, committee’s doing, and it is not even tional Science Foundation by $363 mil- Tip O’Neill, for more than 30 years and the Committee on Appropriations’ lion over last year’s level. Basic sci- made an enormous contribution in the doing, but we as a Congress have not entific research is critical, and this areas of housing, intelligence, and given the resources necessary that we funding will help continue the NSF’s science; and we mourn his passing. He could use to alleviate that. work, including a number of projects in was one of the people who made democ- In the environmental area, I rep- my home State, a State with a long racy work in a very positive way. resent some working-class commu- history of scientific research and devel- As I think back to those days, I think nities, communities not terribly opment. back also with regret. We have not wealthy. They are the ones who now This conference report also deserves only lost Ed Boland, we have lost as a have to correct years of national ne- support because it continues to provide nation the commitment to using the glect of clean water. They are facing funding for critical environmental pro- resources of the wealthiest country in very significant economic problems. grams, including $1.27 billion for the the world to help people who are in dis- We do not do enough to provide Federal Superfund program to expedite clean- tressed circumstances, and to meet funding to help them meet the Federal up of hazardous waste sites. My State common problems. mandate of cleaning up the water and has the dubious distinction of having I want to be very clear: I congratu- cleaning up international waters. more of these sites than any other late the chairman, the gentleman from So just in summary, Mr. Speaker, I State in the Nation. New York (Mr. WALSH), the ranking want to thank the gentleman from New Further, this proposal provides near- member, the gentleman from West Vir- York and the gentleman from West ly $95 billion for the brownfields pro- ginia (Mr. MOLLOHAN), and the others. Virginia and the members of the sub- gram, which will help clean up con- Given the constraints within which committee. I appreciate the hard work taminated sites to allow them to be they had to work, they did an excellent they put into trying to meet our needs, used and returned to productive use in job. but I have to close by lamenting the I am particularly gratified that they many of our cities and urban centers. unwillingness of this society and this took care to provide adequate re- This conference report builds upon Congress to do the appropriate thing sources to public housing. The people what we have done in the past while with our wealth. staying within the confines of our allo- who live in public housing are among Yes, we will have many needs that the most needy and abused in our soci- cation and within the overall level can best be satisfied by individual ety. We are the ones who created public agreed upon last month by the Con- spending, by money in our own pock- housing. We, the society, are the ones gress and the President. ets. But a civilized society that cares who created what many of us now un- Finally, I want to take this oppor- about the quality of its environment, derstand, almost all of us now under- tunity, and I am sure all committee has some compassion for the poor, for stand, were not very good places to live Members do, to commend FEMA Direc- homeless children, that cares about in the first place, and put the poor in tor Alpaugh, VA Secretary Principi, adequate medical care for those who there because they could not afford and EPA Administrator Whitman and served our country, we have to under- anything else. We are trying to change their respective agencies and personnel stand that these needs cannot be fully that. for all of their collective efforts ad- But those who would cut back on met individually, that these needs re- dressing so many tragic, tragic events funding for public housing are blaming quire a Federal Government that is related to September 11. All of these the victims for penalties imposed upon well funded. agencies sprang into action to offer the them, and so in this particular appro- We have to get over this kind of con- resources and their dedicated personnel priation public housing does well, and I tradiction where everybody hates gov- in the wake of these attacks. thank the gentleman for doing that. ernment spending, but then laments For these and many reasons, Mr. This is not a politically popular goal, the fact that we do not have enough Speaker, I support the conference re- but it is an important one. government spending for housing, for port and I urge everybody to vote for Mr. Speaker, in general, as I said, Community Development Block it. given the inadequate resources which Grants, for veterans medical care, for Mr. MOLLOHAN. Mr. Speaker, I they were given, they have done a very cleaning up Superfund sites, for clean yield myself such time as I may con- good job of putting them where they water, and for other important pro- sume. are needed. I appreciate their doing grams. Mr. Speaker, this subcommittee was that. They have taken care of new Sec- I hope as members contemplate this ably led for many years by Chairman tion 8s, they have taken care of public piece of legislation they will express Boland, who recently passed away. I housing, they have tried to protect their appreciation for the work that would like to acknowledge what a some of the other important activities. was done, but also their understanding pleasure it was for me to serve under I am grateful to them for doing it. of the inadequacy of the resources with Eddie Boland, and what an outstanding But having said that, I must return which it was done, and help us change job he did leading this subcommittee, to the other point; namely, that we as national policy in that regard. as well as his leadership in Congress. a Congress, we as a society, are erring Mr. WALSH. Mr. Speaker, I yield 1 He served for many years, and he was gravely in withholding the resources minute to the distinguished gentle- an outstanding member of the body. As we need for so many important prob- woman from West Virginia (Mrs. we consider this bill, which would have lems. CAPITO). been his bill, we would like to note his The very prosperity that gave us Mrs. CAPITO. Mr. Speaker, I thank passing with great sadness. such wealth, and it is temporarily on the gentleman for yielding time to me. Mr. Speaker, I yield 5 minutes to the the other side of the ledger, but it is Mr. Speaker, today I rise to urge sup- gentleman from Massachusetts (Mr. going to come back because this re- port of the conference report that con- FRANK), a distinguished member of the mains a very strong economy, the very tains within it the increased develop- Massachusetts delegation, and the prosperity that generated such reve- ment of affordable housing. ranking member on the Subcommittee nues for the government caused hous- I would like to congratulate the on Housing and Community Oppor- ing problems for some people, because Chair, my colleague, the gentleman tunity, who served many years with for many of those in this country, pros- from New York (Mr. WALSH), and I Mr. Boland. perity was a wonderful thing and it would also congratulate the ranking Mr. FRANK. Mr. Speaker, I thank added to their incomes. But for some, member, my colleague, the gentleman the ranking member of the sub- when it did not add to their incomes, from West Virginia (Mr. MOLLOHAN). committee for yielding time to me, and they were not only not better off, they The FHA loan limits have not been I join him in expressing our sorrow at were worse off because they lived in raised since 1992 despite dramatic in- the death of Ed Boland. He was for communities where housing prices creases in construction cost and crit- many years one of the voices of hous- were suddenly driven beyond what they ical demand for affordable rental hous- ing in this body. could reasonably afford. ing. In a number of cities nationwide,

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.043 pfrm02 PsN: H08PT1 H7934 CONGRESSIONAL RECORD — HOUSE November 8, 2001 and those in West Virginia as well, we can do. But we must have a better have worked very hard. Given the con- there has been no new construction vision for the future. We must work straints, they have had to do the best under the FHA program in 4 years. harder to change our priorities for the in this year. The need for affordable housing is future and empower and support the Let us put this in context as we are well documented, and today 13.7 mil- most needy citizens in this Nation. about to adjourn for our Veterans’ Day. lion households face a critical housing Let me just close by saying I worked This budget appropriates barely suffi- need. The availability of decent hous- very hard for about 10 or 15 years with cient funds for the VA to keep up with ing has been deeply harmed by the lack all of the public housing programs in inflation, barely sufficient funds. At a of financing to produce these units. By my district. I knew and I know today time when we are all going to go out on increasing the multifamily loan limits, that there are still drug problems and next Sunday and Monday to say how FHA will stimulate not only new con- that drug traffickers find their way to much we support our veterans, we are struction, but rehabilitation of exist- poor people, encouraging them to get falling behind in our commitment. ing infrastructure in many cities involved in this underground of drug This budget is $2 billion below what across the country. selling. the veterans groups have come to- I look forward to giving my whole- It is unconscionable that we would gether to try to argue for in their inde- hearted support to this conference re- cut drug elimination in these public pendent budget. This budget is below port. I thank the Chair and the ranking housing projects at the same time that what both the House and the Senate member. we want to strengthen them, we want have in their resolutions, this at a time Mr. MOLLOHAN. Mr. Speaker, I am to clean them up, we want to encour- when we are producing more veterans pleased to yield 3 minutes to the dis- age people to go to work and get in job as they defend our country in this war tinguished gentlewoman from Cali- training programs. They cannot do it against terrorism, and this comes at a fornia (Ms. WATERS). without the kind of support that is of- time when the VA has already in- Ms. WATERS. Mr. Speaker, I thank fered through the drug elimination pro- formed its field people that they are the gentleman for yielding time to me. gram and other like programs. going to fall $800 million behind in this Mr. Speaker, I would like to thank Mr. Speaker, I appreciate the oppor- budget and they better prepare for the gentleman from New York (Chair- tunity to share my thoughts on this that. man WALSH) and the ranking member, issue. The VA is being called to help with the gentleman from West Virginia (Mr. Mr. WALSH. Mr. Speaker, I yield 1 emergency efforts at a time of poten- MOLLOHAN), for the work they have minute to my good friend and col- tial casualties in this Nation. Not only done. I recognize that it was a very dif- league, the gentleman from Oklahoma do they not have sufficient resources, ficult job to try and live within the (Mr. WATKINS). not only are they falling behind, but framework that was foisted upon them. Mr. WATKINS of Oklahoma. Mr. they are called upon to do new things Mr. Speaker, this VA–HUD con- Speaker, I thank the gentleman for in this war against terrorism. ference report is certainly an improve- yielding time to me. So what occurs is backlogs for dis- ment over the House version. However, I appreciate the distinguished chair- ability adjudications are building at the funds are still terribly inadequate man, the gentleman from New York the rate of 10,000 a week, 10,000 a week. to fulfill HUD’s mission to support the (Mr. WALSH), for the fine job he has Appointments have to be made 6, 8, 9, most needy people in this country. done, and also the ranking member, 10 months in advance that our veterans This report cuts funding for public the gentleman from West Virginia (Mr. have to wait for. This is not a way to housing, terminating $310 million for MOLLOHAN), and also the subcommittee give a signal to those who are fighting the successful drug elimination pro- staff for their tremendous help on this in Afghanistan that we are going to gram, and $157 million for the capital legislation, and for assisting with the treat them right when they come fund that provides for the rehabilita- legislative language to provide $490,000 home. tion of housing units to bring them up to construct the Harold Chitwood mul- This budget is disappointing. We to today’s standards. tipurpose cafetorium facility to match should not vote for it, and we should This bill will also cut all of the jobs approximately $1 million, to be pro- put this in context. When people tell of public housing residents that are as- vided locally, to build the additional me we do not have the resources, this sociated with the rehabilitation. facilities of the complex. House just passed a $25 billion subsidy In addition, this conference report Mr. Speaker, I would ask the chair- for retroactive tax increases for the cuts funding for proven economic de- man, is it his understanding that this biggest corporations in America, $25 velopment programs that are sorely multipurpose facility would be owned billion dollar. A check for $2 billion needed to stimulate the economy. For and operated by the Bennington school was given to IBM, and we do not have example, the Community Development district and constructed on land of the money for our Nation’s veterans. Block Grant has been cut by $58 mil- district for educational, community, We cannot do anything about Persian lion; Empowerment Zones funding has and Native American activities? Gulf War illness and our veterans are been cut by $45 million; the Commu- Mr. WALSH. Mr. Speaker, will the homeless on the street. I am going to nity Development Financial Institu- gentleman yield? vote no on this budget because on No- tions Fund has been cut by $38 million. Mr. WATKINS of Oklahoma. I yield vember 11 this is not a way to honor Funding for these programs should be to the gentleman from New York. our veterans. increased, rather than decreased. These Mr. WALSH. That is exactly what Mr. WALSH. Mr. Speaker, I yield 2 programs inject capital into commu- my understanding is of this expendi- minutes to the gentleman from Florida nities that need it the most, creating ture. (Mr. JEFF MILLER) one of our newer jobs and stimulating the economy. Cut- Mr. WATKINS of Oklahoma. Mr. Members. We are delighted to have him ting these programs at a time like this Speaker, I appreciate very much the with us today. is simply inexplicable. chairman engaging in this colloquy. Mr. JEFF MILLER of Florida. Mr. This conference report, while cer- Speaker, I thank the gentleman from tainly, again, an improvement over the b 1300 New York for yielding the time, and I House, is still troubling. It is troubling Mr. MOLLOHAN. Mr. Speaker, I rise today in support of this conference because of our need to support poor yield 2 minutes to the gentleman from report because it does work to take people, rather than abandon them at California (Mr. FILNER). care of our Nation’s veterans, and it this time. We have to remember that Mr. FILNER. Mr. Speaker, I thank does work to protect our environment. at the same time that we are doing the gentleman from West Virginia (Mr. For our Nation’s veterans, this bill this, there are some Members in this MOLLOHAN) for yielding the time, and I provides for over a billion dollars in in- House who are proposing obscene tax thank the chairman of the committee creases over last year’s bill for vet- cuts for the richest corporations in and the ranking member for their com- erans health care. The bill also pro- America. mitment to our Nation’s veterans. vides additional funding for the vet- Mr. Speaker, I would urge a vote on They have had significant increases in erans benefits administration to expe- this bill, because this is the best that this budget in the last 2 years and they dite claims processing.

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.046 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7935 Also, important to my home district, mend the chairman and the ranking percent increase to cover some ex- this bill provides $850,000 for the Uni- member for the work that they did, penses at the vehicle assembly build- versity of West Florida through EPA to that they have stepped up to the plate ing, a building that was built to sup- conduct an environmental health study and provided what is a basic function port the Apollo program that is dete- in Escambia County. In 1998, EPA of the Federal Government in stepping riorating. Fortunately, there is some wrote Escambia County ranked 22nd to aid its people in times of crisis. money for new doors in that building. out of more than 3,300 counties nation- Just as we have done rightly so in It needs a lot more: a new roof, a new wide in the amount of toxic releases re- New York and with the Pentagon, we facade. Certainly, I am very pleased ported by the agency. have also done in this bill as it relates that the chairman was able to hold the Over the last couple of years, there to the people of Texas and of the great- mark on the shuttle upgrades account has been mounting anecdotal evidence er Houston area as a result of Tropical which was very, very good news; but suggesting that these toxic levels have Storm Allison, and I appreciate the overall in the area of human space attributed to an increase in illnesses in work that both sides did on this. flight, it actually transfers money out northwest Florida. It is time to find Mr. WALSH. Mr. Speaker, I yield 3 of human space flight to cover NASA some real answers. The study will com- minutes to the distinguished gen- accounts elsewhere. pile environmental information, co- tleman from Florida (Mr. WELDON). Overall, I cannot support this bill. I ordinate research, evaluate risks to the Mr. WELDON of Florida. Mr. Speak- do not think the people in my district health of our citizens, and provide the er, I thank the gentleman from New support this bill, and I intend to vote information necessary to remedy the York (Mr. WALSH) for yielding me the no. situation. time, and I certainly thank the chair- Mr. MOLLOHAN. Mr. Speaker, I re- I want to express my thanks to the man and the ranking member for their serve the balance of my time. gentleman from New York (Mr. efforts in this bill. Mr. WALSH. Mr. Speaker, would the WALSH), the gentleman from Florida I rise reluctantly to say that I intend Chair advise us as to how much time is (Mr. YOUNG), the members of the com- to vote no on this bill. I recognize that remaining. mittee and the staff for their work on the chairman made a very strong effort The SPEAKER pro tempore (Mr. this important legislation and for rec- to stick to the original House mark on SIMPSON). The gentleman from New ognizing the need for a science-based NASA, but without the support of the York (Mr. WALSH) has 41⁄2 minutes re- evaluation of toxic levels and illnesses administration or the other body, it maining. The gentleman from West in northwest Florida. was very difficult for him to hold on Virginia (Mr. MOLLOHAN) has 21⁄2 min- Mr. MOLLOHAN. Mr. Speaker, I am that issue, and certainly I thank him utes remaining. pleased to yield 2 minutes to the gen- for his efforts. Mr. WALSH. Mr. Speaker, I yield 2 tleman from Texas (Mr. BENTSEN). My greater concern is just that we minutes to the gentleman from Cali- Mr. BENTSEN. Mr. Speaker, I thank are continuing the general trend that fornia (Mr. ROHRABACHER), the chair- the gentleman from West Virginia (Mr. we have been on for the last 8 years man of the Subcommittee on Space and MOLLOHAN) for yielding me the time. when it comes to our investment in Aeronautics. I rise in strong support of the bill. aerospace. At the conclusion of the Mr. ROHRABACHER. First and fore- Let me start out by saying that I ap- first Bush administration, aerospace most, Mr. Speaker, I want to commend preciate the fact that the chairman investment for the United States of the conferees for the great job they and the ranking member increased the America, 15 percent of the total Fed- have done on this VA–HUD conference amount of funding for NASA than what eral R&D went to aerospace. bill. As chairman of the Subcommittee was in the President’s request. We did At the conclusion of 8 years of the on Space and Aeronautics, I am par- not get everything we wanted for Clinton administration, it was down to ticularly pleased with the commitment NASA, but we got more than what was a figure of only 7 percent, only 7 per- by the gentleman from New York (Mr. originally proposed. cent of our Federal investment goes WALSH) and the gentleman from West I also think that the committee was into aerospace. Now today that figure Virginia (Mr. MOLLOHAN) to make sure very wise in increasing the funding for is treading down even further. Indeed, that the NASA budget continues to basic science funding research through this is a critical issue not only for our make sure that America provides a the National Science Foundation, competitiveness, manufactured prod- leadership in space and keeps America which we now know that basic science ucts that we make in the United States number one in space endeavors. research has been critical to the eco- lead the way in our import/export bal- The conferees showed good judgment nomic expansion that we enjoyed in ance sheet in the area of aerospace; but in producing a bill that requires NASA the prior 8, almost 9, years. we are losing that competitive edge. to conduct many of the recommenda- Most importantly, I want to thank Also, I think this is a critical issue for tions captured within the International the chairman and the ranking member national security and national defense. Space Station Management Cost and of the subcommittee for accepting the Specifically, if you look at this bill, Evaluation Report. I believe that this higher level of funding for the Federal NASA’s budget barely keeps pace with is the right course in establishing a Emergency Management Agency and inflation. This is a budget that has es- credible Space Station program. for natural disasters. As Members sentially been flat for 10 years. A budg- It is with this achievement that we know, earlier this year before the et that, when you adjust for inflation should continue to press NASA to stay events of September 11, which this Con- has an agency that has seen its pur- on course concerning the other aero- gress has very wisely and very strongly chasing power decline by close to 30 space projects that are of critical im- dealt with, we in Texas, and particu- percent, barely gets an inflationary ad- portance to the American taxpayer. larly in the greater Houston area, suf- justment here. That is why I have requested from fered a tremendous natural disaster as Let us look at the some of the com- NASA a letter delivered to me tomor- a result of Tropical Storm Allison. parisons in this bill. EPA gets a 10 per- row that specifically outlines a pro- There were a number of Members in- cent increase over last year; housing gram within the space launch initia- cluding myself who were down here on an increase of 6 percent over last year. tive that ensures an orbital flight dem- the floor arguing for sufficient funding Despite the fact that some people have onstration experiment involving the X– just as the effects of this storm were come to this floor saying they want 37 vehicle, so we can verify this cut- unraveling. even more for housing, housing actu- ting-edge technology and its benefit as As we now know, nearly 80,000 people ally gets an increase that is double the a space transportation system. in the greater Houston area were af- inflation rate. The Science Foundation, In the past, NASA has been dis- fected by the storm; 50,000 homes took certainly something I support, a 10 per- appointing in producing space hard- on water. The major hospitals were cent increase over the last year, but ware and flight hardware that satisfied closed down, and the total cost was yet the NASA account barely keeps our launch needs. This time it is now probably around $5 billion. The Federal pace with inflation. time to move forward aggressively de- share will be close to $2 billion as part Let me just say there are some good veloping the means to access space of this storm; and I just want to com- things in this for NASA. There is a 25 affordably and effectively. The X–37

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.053 pfrm02 PsN: H08PT1 H7936 CONGRESSIONAL RECORD — HOUSE November 8, 2001 project represents a major milestone in total is $800 million more than the President’s who will not be fully served until we find addi- moving us closer to this goal. Let us budget request, and these additional funds will tional resources. hope that this week marks a sea help the Houston area’s continuing recovery Mr. Speaker, the conference committee has change in attitude at NASA to start from Tropical Storm Allison. While FEMA has produced a good bill under the difficult cir- thinking boldly and creatively as we spent almost $900 million in Texas as a result cumstances. In Particular the FEMA disaster enter the 21st century and beyond. of Allison, they expect to spend an additional relief funding is important to my constituents We need to have space launch, and we $800 million in the State before recovery is and I urge my colleagues to support this legis- need to make sure we have the tech- complete. lation. nology developed that will keep Amer- Most future FEMA disaster relief funds for Mr. LAFALCE. Mr. Speaker, I rise to ad- ica the number one space power. We Allison recovery will be for Public Assistance dress the issue of housing funding in this VA– also must be concerned about the tax- (PA), much of which will reach the nonprofit HUD conference report. payers. hospitals and institutions of the Texas Medical The good news is that this bill restores a Mr. Speaker, I congratulate the con- Center, which conduct millions of patient visits significant portion of the very deep and unwise ferees on their commitment to both of per year. When the House originally consid- cuts made to housing and community develop- these goals. ered the VA–HUD, it contained only $1.4 bil- ment programs that were proposed in the ad- Mr. MOLLOHAN. Mr. Speaker, I have lion in disaster relief. I greatly appreciate the ministration budget and were adopted in the no further requests for time, and I willingness of the chairman and ranking mem- House-passed bill. The bad news is that this yield back the balance of my time. ber to provide the funds necessary to address bill is still disappointing from a housing stand- Mr. WALSH. Mr. Speaker, I yield my- our needs in Texas. point. self such time as I may consume. It is very important for Congress to maintain The last few years, we worked together in a Mr. Speaker, I would take a few sec- a healthy disaster relief capability at all times. bipartisan basis to restore funding for housing onds to close and, merely, I would like I am proud that Congress has already made programs that were cut in 1995, and to pro- to thank our staffs, both minority and a major commitment to the recovery process vide new vouchers for almost 200,000 low-in- majority staff, for the remarkable for New York City. I am also proud that the come families. amount of effort they put into this. We war on terrorism has not caused us to forget The conference report being considered had six preconferences prior to con- the disaster relief needs of the rest of the today reverses this progress, by making mod- ference. They worked very, very hard country. I am confident that Congress can si- est funding cuts in some important programs, as did all of the members of the sub- multaneously help rebuild after the worst dis- and by dramatically reducing the level of incre- committee. I would especially like to aster in our Nation’s history and the most ex- mental section 8 vouchers for low-income fam- thank the ranking member, the gen- pensive natural disaster in Houston’s history. ilies and seniors. Moreover, this is taking tleman from West Virginia (Mr. MOL- Besides including additional disaster relief place just at the time when we appear to be LOHAN), who was very supportive all funding, I commend the chairman and the en- the way along. There was no partisan- tire Appropriations Committee for going part entering into a recession, which will make it ship at all in this bill. way toward correcting a major flaw in the harder for low- and moderate-income families I submit the bill to the consideration President’s budget regarding funding for the and seniors to keep a roof over their head. of the House. I urge its adoption. International Space Station. The bill provides It is true that on a purely technical basis, Mr. ACKERMAN. Mr. Speaker, today I rise $14.8 billon in total for NASA, 3.5 percent budget authority for HUD will increase under in support of increasing the FHA Multifamily more or $508 million more than current fund- this bill. However, when you factor out the in- loan limits. The FHA multifamily loan programs ing. Importantly, this legislation fully funds the crease just to renew expiring section 8 con- support the new construction and substantial space station at the $1.9 billion budget re- tracts, and factor out the offsetting increased rehabilitation of much needed affordable rental quest. While the President’s budget did not re- receipts from FHA and Ginnie Mae, this bill housing. duce NASA funding, it kept the increase below actually cuts housing and community develop- Our Nation faces a growing affordable hous- inflation, reducing purchasing power, and ze- ment programs by over $250 million. ing crisis for low- and moderate-income fami- roed out the Crew Return Vehicle (CRV) and Specifically, the bill makes $215 million in lies. Yet the FHA multifamily loan limits have Habitation Module. These two integral parts of net cuts in public housing programs, including not been raised in 9 years. How can we ex- the space station are necessary to have a re- termination of the Drug Elimination Program. It pect the private sector to produce affordable search presence on the station, which is why cuts funding for CDBG and Empowerment rental housing, when they cannot receive af- we have constructed this orbiting microgravity Zones, just as virtually everyone agrees we fordable financing? laboratory. While I am disappointed that the need to do more to stimulate economic devel- Construction costs have risen more than 25 bill does not contain the $275 million for CRV opment in the face of a recession. And, it cuts percent since the last increase. One simple form the House bill, I am pleased that at least the number of new Fair Share Section 8 way to stimulate the development of affordable $40 million will be spent on CRV in 2002. vouchers from 79,000 last year to only 18,000 housing in our communities is to increase the I am relieved that the conference committee this year—a 77 percent cut. multifamily loan limits. In my home State of approved a major increase over the Presi- The simple truth is that the housing cuts in New York, the current limit is $87,226 per two- dent’s request for scientific research. This bill this bill are unnecessary. Earlier this year, bedroom unit. In the last 4 years not one unit includes $4.8 billion federal funding for re- Congress diverted $114 million in unused sec- has been produced under the FHA multifamily search through the National Science Founda- tion 8 funds to nonhousing purposes. A por- loan program, due to that low number. The tion. The performance of the economy is tion of the $300 million in savings we will gen- 25-percent increase established in this con- largely the result of technological advances erate from the mark-to-market extension will ference agreement would raise the limit in stemming from basic science research be diverted to nonhousing purposes. And FHA New York to $106,952. throughout our Nation. This fact underscores and Ginnie Mae continue to produce billions of Mr. Speaker, I urge my colleagues to sup- the necessity of increasing Federal basic sci- dollars in profits to the taxpayer—profits which port this necessary and important increase entific investments. could be reinvested in housing, but are in- that will benefit so many working families Although the conferees are to be com- stead used to increase the Federal budget throughout our Nation. mended for wrapping up their work on vet- surplus. Mr. BENTSEN. Mr. Speaker, I rise today in erans’ spending before Veterans’ Day week- On various policy issues, the bill is also dis- support of the conference report on H.R. end, I am concerned that this measure does appointing. I am pleased that the conference 2620, the Fiscal Year 2002 Departments of not provide enough funding for veterans pro- report in effect adopts the amendment offered Veterans Affairs, Housing and Urban Develop- grams. I will continue to consistently support by myself and Congresswoman LEE during ment and Independent Agencies Appropria- health benefit expansion for our Nation’s vet- House consideration which restores the $100 tions Act. This bill provides $112.7 billion for erans, many who have made incredible sac- million cut in homeless funding for Shelter these agencies, 7 percent more than current rifices in order to preserve our freedom. Al- Plus Care renewals, funding this through a re- funding. though the war on terrorism is unlike any other duction in the as-yet unauthorized administra- I support the bill because it provides $2.2 war, there will still be thousands of new vet- tion down payment initiative. However, we billion in disaster relief for FY 2002, which will erans of this war who will be as equally de- failed to do what we should have done, which be needed in part to recover from Tropical serving as those who served in World War II, is to renew expiring Shelter Plus Care grants Storm Allison, one of the worst disasters to Korea, Vietnam, and the gulf. My home State through the section 8 certificate fund, as we ever hit Houston and the State of Texas. The of Texas has a growing veterans population do all other expiring rental assistance.

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K08NO7.055 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7937 On the $640 million reduction in funded sec- imum—accepted the 10ppb rule after months the administration submitting a request for the tion 8 reserves, I am pleased that the con- of unnecessary delay. However, in reviewing additional funding which is clearly needed. ferees included report language dealing with the language in this conference report, I would Until that time, VA will continue to do its the issue of providing additional funds beyond say to my colleagues on the Appropriations best to meet its missions. But VA can only do the remaining 1 month of funded reserves. I Committee that it is a mistake to encourage more with insufficient resources for so long. A urge HUD to implement this provision in a way small communities to seek lengthy compliance day of reckoning is fast approaching. We must that maximally increases section 8 utilization, time extensions so they continue to drink do better by our Nation’s veterans. While we that is, by promptly providing additional funds unhealthy water. We should work together to have improved upon the President’s request, to section 8 administrators who exhaust their develop additional cost-effective technologies the Department of Veterans Affairs still esti- reserve funds and need additional funds to and provide targeted financial assistance mates shortfalls for delivering current services serve their authorized number of families. where necessary to bring small water systems in FY 2002. This year we will continue to pass So, in conclusion, we have averted the dev- into compliance with the new protective stand- legislation encouraging VA to do more, includ- astating impact of earlier versions of the HUD ard for arsenic. No person no matter where ing managing its role as a backup provider to budget, but in so many ways we can and they live in our country should have arsenic in the Department of Defense in times of war or should do better. their drinking water which presents an unrea- national emergency and combating bioter- Mr. PALLONE. Mr. Speaker, the conference sonable risk to health. rorism. I want VA to fulfill these roles, but I report directs the EPA administrator to put into Ms. CARSON of Indiana. Mr. Speaker, also want to ensure that they have adequate effect without delay the 10 parts per billion today I rise to thank Chairman WALSH and resources to take on these challenges. standard for arsenic that was promulgated in Ranking Member MOLLOHAN for taking a rea- This Sunday, November the 11th, when the Clinton administration. The Bush adminis- sonable first step in responding to the esca- Members of this body are praising our vet- tration has, without justification, delayed the lating concerns parents have voiced over the erans’ past deeds and stressing the impor- effective date of the January 22d rule and has effects of arsenic-treated wood playground tance of a strong national defense, I ask all been in clear violation of Federal law. Con- equipment on their children. Members of this House to make a commit- gress had set a deadline to have a new final Included in the VA–HUD conference report ment to our deeds and our actions reflect our standard for arsenic in effect no later than is a provision requested by myself and Sen- words. We must provide adequate resources June 22 of this year. The House of Represent- ator BEN NELSON of Florida. to our past and present servicemembers. We atives, in July, sent the administration a clear The provision directs the Consumer Product can do less. Mr. GARY G. MILLER of California. Mr. message when it voted to have an arsenic Safety Commission and the Environmental Speaker, I rise today in support of the con- standard no higher than 10ppb so the United Protection Agency to report to the committee ference report accompanying H.R. 2620 and States could be inline with the World Health within 3 months on their most up-to-date un- to thank Chairman WALSH and Ranking Mem- Organization and the European Union. derstanding of the potential health and safety ber MOLLOHAN for their hard work on this bill. Despite extensive scientific proof that the risks to children playing on and around ar- The chairman and ranking member have current standard for arsenic in tap water of 50 senic-treated wood playground equipment. worked on a wide range of issues within this ppb is unsafe, it remained unchanged from The report will also include the steps the bill and I believe my colleagues in this body 1942 until the Clinton administration reduced it EPA and the Consumer Product Safety Com- owe them a debt of gratitude for the dedica- to 10ppb in January 2001. In 1942, the U.S. mission are taking to keep state and local gov- tion and spirit of bipartisanship they dem- Public Health Service (USPHS) established a ernments, and the public, informed about the onstrated while reaching compromise on their standard for arsenic in tap water of 50 ppb, risks associated with arsenic-treated wood. differences. which remained in effect for over half a cen- It responds to a study released today by the There is, however, language in this report tury even though it did not consider evidence Environmental Working Group and the Healthy which concerns me greatly. The language per- accumulated over the past 50 years that ar- Building Network, which estimates that one tains to the U.S. Department of Veterans Af- senic causes cancer. our of every 500 children who regularly play fairs and the treatment of veterans with mental In 1962, the USPHS recommended that po- on swing sets and decks made from arsenic- illness. table water supplies not exceed 10ppb ar- treated wood will develop lung or bladder can- Mr. Speaker, there is still enormous concern senic. Nearly 39 years later, EPA finally adopt- cer later in life as a result of these exposures. among veterans’ organizations, Members of ed that recommendation in January 2001. It is important in these times of changing this body and mental health advocates about The National Academy of Sciences issued a priorities that the health and well-being of chil- the VA’s desire to implement treatment guide- report in 1999 finding that ‘‘it is the sub- dren remain foremost in our minds. lines for veterans who suffer from schizo- committee’s consensus that the current EPA The parents of Indianapolis and commu- phrenia. The language included in the House standard for arsenic in drinking water of 50ppb nities all over the Nation are looking forward to version of the conference report accom- does not achieve EPA’s goal for public health the findings of this report. panying the VA–HUD appropriations bill would protection and, therefore, requires downward Mr. EVANS. Mr. Speaker, I appreciate the have held the VA accountable by requiring revision as promptly as possible.’’ efforts of the chairman and ranking member of them to wait until a scientific review of newer The NAS, EPA, International Agency of Re- the subcommittee under difficult cir- atypical antipsychotic medications was com- search on Cancer, and many other scientific cumstances. As most Members know, the allo- pleted by the National Institute of Mental international bodies have declared arsenic in cation of the subcommittee was insufficient to Health—the premiere Federal scientific re- drinking water a known human carcinogen, adequately fund the Department of Veterans search agency. By contrast, the Senate con- based on numerous studies from around the Affairs, and particularly veterans medical care. ference report language for the VA–HUD bill world showing that people get bladder, kidney, While I am disappointed about the appropria- would have left the VA free to implement their lung, skin, and other cancers from arsenic in tions provided in the conference agreement for new treatment guidelines with little congres- their tap water. veterans, I realize the extraordinary conditions sional oversight. Despite all of that information, tens of million under which we have had to work this ses- The compromise contained in this con- of Americans drink arsenic in their tap water sion. I hope that we can redress some of the ference report is not what many of us in this supplied by public water systems, at levels shortcomings in this year’s budget in the next body had hoped for. Specifically, the com- that present unacceptable cancer and non- fiscal year. promise does not go far enough to ensue the cancer risks. According to EPA, about 12 mil- As a nation, we are now engaged in the first guidelines the VA seeks to promulgate will fol- lion Americans drink tap water containing over war of the 21st century. We must be prepared low the most up-to-date science regarding the 10ppb arsenic, about 22.5 million drink tap to provide the benefits and services of our fu- treatment of schizophrenia. In fact, it is pre- water containing over 5ppb, and about 35.7 ture veterans as well as meet the needs of cisely because there is a dearth of scientific million drink water containing in excess of those men and women who have honorably research on the use of different antipsychotic 3ppb. Thus, according to EPA’s occurrence served our Nation in uniform in years past. medications that I fought for inclusion for the estimates and NAS’ most recent cancer risk This is a moral obligation of our Nation. House-passed language in the conference re- estimates, about 36 million Americans drink Undoubtedly, major additional funding for port. Without sound scientific research, I am water every day that contains arsenic at a the Department of Veterans Affairs and par- concerned the VA will institute treatment pro- level presenting over 10 times EPA’s max- ticularly veterans medical care and services tocols which could jeopardize the health of imum acceptable cancer risk. can be fully justified. As the need for addi- veterans with schizophrenia. It is for that reason I was pleased that the tional funding becomes more obvious in the As many Members know, mental illness is Bush administration finally—at a bare min- weeks and months ahead, I look forward to no small thing, and it’s certainly not something

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\A08NO7.007 pfrm02 PsN: H08PT1 H7938 CONGRESSIONAL RECORD — HOUSE November 8, 2001 we can describe in terms of dollars and cents. gratitude, for our government has promised ple, promises revolutionary advances. Re- Unless you meet some suffering from am ill- veterans that it will provide them health care search will enable the development of sensors ness like schizophrenia, it’s hard to imagine both during and after their service. for biological and chemical agents that may be how it can impact a person’s life as well as Yet we are constantly confronted with our used on the battlefield or even, unfortunately, those who love them. Without proper treat- failure to honor these promises. Our failure to may find there way into domestic civilian sys- ment, victims are often completely unable to meet our obligations to our veterans can be tems. NSF-sponsored research in this area function in society, accounting for 1 out of 5 seen in the decision by the Portland Veterans has led to the development of a simple, rel- hospital admissions and 4 of 10 beds in long- Administration Medical Center (VAMC) to cut atively inexperience sensor that can selec- term care facilites—not to mention countless hundreds of staff and reduce services to thou- tively detect the DNA of biological agents. It is encounters with the corrections system. This sands of veterans because of a multi-million now in commercial development with success- is why I was disappointed stronger language dollar budget shortfall. Anyone who has used ful tests against anthrax and tuberculosis. did not make its way into the conference re- the VAMC in recent years knows that the cen- NSF has also demonstrated the dual use of port. ter is already understaffed; hundreds of vet- its research by quickly dispatching its earth- I am heartened, however, to see we are erans contact me each year complaining quake engineering experts to the World Trade sending a clear message to the VA that it is about their inability to get in to see a doctor Center who will use the knowledge gained to not to use the total sum cost of drugs which at the Portland VA. These cutbacks will affect improve building designs. Robots, developed are prescribed at VA facilities as a measure of the VAMC’s new outpatient clinic in Salem, for with NSF support were also sent to New York a pharmacy manager’s or physician’s perform- which the community, veterans groups, and I to help in the search for victims and I under- ance. Rest assured I will continue working have labored so hard to secure funds. Though stand that FEMA is now considering adopting with veterans’ organizations and advocates for the clinic was designed to save veterans from these robots for all of its search and rescue veterans with mental illness to ensure the VA having to travel to Portland for care, the clinic operations. and individual VISN’s closely follow the guid- will now take only a fraction of the patients it As Chairman of the Subcommittee on Re- ance the conference report provides for re- was meant to serve. search, I will be looking for ways to engage spect to the freedom that doctors in the VA Mr. Speaker, although many pay lip service NSF more fully in this effort. It seems clear system should have to prescribe clinically ap- to helping veterans, too few put the money that basic research enables so many unfore- propriate medications for their patients without where their mouth is. For example, President seen advances that will help us face this new fear of reprisal. Bush campaigned extensively on veterans terrorism threat and that now more than ever Let me be clear on this. Diagnosis and issues, but essentially requested the same we must renew our commitment to supporting treatment of mental illness should be based amount of funding for the VA (when adjusted this research. on medical judgment and need, not price. Re- for inflation) as appropriated last year under NSF programs also play a big role in in- strictive formulary policies jeopardize patient President Clinton. Likewise, in this Conference creasing the pool of talented scientists in our care by taking treatment decisions out of the Agreement, Congress plans to scarcely spend universities and workforce. This is critical. It is hands of doctors. Because patients differ in a billion dollars in excess of President Bush’s estimated that by 2020, 60 percent of the jobs their clinical responses to different drugs, in request. I for one am tired of this charade and will require the skills only 22 percent of the their sensitivity to specific side effects, and in refuse to stand idly by I know that I am just workforce has today. their tolerance for these side effects when one member of this body, and that I can’t halt As this Conference Report shows, there is they occur—and because the atypical anti- the inevitable passage of this spending bill. strong bipartisan support for increased invest- psychotic agents are different from one an- However, I will not lend my approval to a bill ment in basic science. It includes an 8.2 per- other in their clinical effects for a particular pa- that ensures veterans in Oregon are worse off cent increase in the NSF budget to nearly tient and in their side effects—I have a difficult than they were at this time last year—espe- $4.8 billion for fiscal year 2002. This is the time believing that any treatment protocol or cially when hundreds of Oregon Guardsmen largest budget ever for NSF. formulary can embody the best clinical care. and Reservists have been called up to fight in I am particularly pleased that the conferees Veterans with schizophrenia—60 percent of and support our first war of the 21st century. have specified $75 million for plant genomics whom have a service-connected disability— As such, I will vote against this spending bill, research on commercially important plants, an should never be subject to 2nd-rate treatment. and I urge every single one of my colleagues area in which I have a great interest. Agricul- Those who wore the uniform and served to to work with me to seek the allocation of more tural biotechnology is beginning to fulfill its po- protect our freedom should have access to the funding. tential, but we have only just scratched the newest and most effective treatment available. Moreover, in the coming months, I plan to surface. This funding will help scientists de- While this conference report still leaves us continue using my position on the House velop new knowledge that will propel this field with work to do in overseeing the VA’s schizo- Budget Committee to fight to keep our prom- forward. The enhanced crop plants coming phrenia treatment guidelines, I am pleased to ise to veterans. When we ask people to put from this research will help feed the world, re- see that we have made some progress. Rest their lives on the line to protect our country, duce our use of chemicals, and create new assured I will continue to work, along with Mr. we have a profound obligation to honor our markets for farmers. FRELINGHUYSEN, Mr. KNOLLENBERG, Mr. HOB- promises to those whose service has kept our Mr. Speaker, the science funding in this bill SON, Ms. KAPTUR, Mrs. TAUSCHER and many Nation free. The men and women who have will help keep the pipeline of new ideas and others, to ensure veterans with mental health served our country so honorably know best innovation flowing. I urge my colleagues to receive the best treatment possible. that freedom is never free, that it is only won support this Conference Report. Ms. HOOLEY of Oregon. Mr. Speaker, near- and defended with great sacrifices. And we Mr. HALL of Texas. Mr. Speaker, I had not ly 83 years ago, our Nation signed an armi- should honor those sacrifices by keeping our planned to speak during the Floor consider- stice agreement that ended the First World promises to our veterans. ation of the VA–HUD–IA appropriations con- War. Though many bright-eyed optimists her- Mr. SMITH of Michigan. Mr. Speaker, I rise ference report. However, I have changed my alded this as ‘‘the war to end all wars,’’ just in strong support of the VA/HUD Conference mind because I believe that it is important that two decades later the world was plunged into Report. we give some consideration to the future of another war more brutal and bloody than the I am particularly pleased that the conferees the International Space Station program as we first. In both world wars, as in the Cold War, have included a significant increase in funding debate the level of funding for the National Korea, Vietnam, and the Persian Gulf, millions for the National Science Foundation (NSF). Aeronautics and Space Administration. Given of men and women answered their country’s Today, NSF is at the forefront of innovation, all of the uncertainty that has been sur- call to defend liberty at home and abroad. supporting cutting-edge research to answer rounding the Space Station program of late, I And now America finds itself embroiled in fundamental questions within and across sci- am pleased that the appropriations conference yet another war, a new conflict in which we entific disciplines. Often the potential for failure has been able to provide almost all of the re- stand together against the enemies of freedom is as great as that for success. But by encour- quested funding for the Station. I also am and order. Just as we have so many times be- aging such risks, NSF has helped fuel new in- heartened that the conference retained fund- fore, we send soldiers sailors, airmen, and dustries and jobs that have propelled eco- ing needed for the eventual restoration of ca- Marines forth in the cause of liberty for which nomic prosperity and changed the way we pabilities that were cut from the Space Station so many have given the last full measure of live. program by the Administration earlier this devotion. For their service and sacrifice our Many of the technologies that come from year. Nation’s soldiers and veterans deserve our NSF research may also help us in the fight Mr. Speaker, yesterday the Science Com- eternal gratitude. But they deserve more than against terrorism. Nanotechnology, for exam- mittee, on which I am privileged to serve as

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A08NO7.011 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7939 the Ranking Member, held a hearing on the ultimate Space Station ‘‘end-state’’ open for ton administration rule published in the Fed- report of the independent task force that was two or more years—seems to me to be a pre- eral Register on January 22, 2001. The Bush charged with examining the current state of scription for keeping the program in just the administration has, without justification, de- the International Space Station program. I ex- sort of limbo that the task force properly de- layed the effective date of the January 22nd pect that the task force’s report will be an im- cries. As I said at yesterday’s hearing, I think rule and has been in clear violation of Federal portant input into the decisions that Congress we need a different approach. If we believe law. Congress had set a deadline to have a and the Administration will have to make con- that it is important to build a Space Station new final standard for arsenic in effect no later cerning the future of the Space Station pro- with the unique potential that the scientific than June 22 of this year. The House of Rep- gram. All of us owe Tom Young and his team community and successive Administrations resentatives, in July, sent the administration a a debt of gratitude for their dedicated efforts and Congresses have sought, we need to say clear message when it voted to have an ar- over the last several months. so now and plan accordingly. We should be senic standard no higher than 10 parts per bil- As many of you know, I have long been a explicit that we are committed to completing lion so the United States would be in line with supporter of the Space Station. And I believe the Space Station with its long-planned 7-per- the World Health Organization, the U.S. Public that NASA and the International Partners son crew capability. We should not keep the Health Service, and the European Community. should be proud of what they have accom- dedicated researchers, the International Part- The current standard of 50 parts per billion plished to date. It has been a stunning tech- ners, and our U.S. Space Station team in con- has not been updated in 60 years. nical achievement, and the assembly and op- tinuing uncertainty about the end-goal of this We informed Administrator Whitman last eration of the Space Station have gone much program—doing so will just lead to waste and spring that her action on the arsenic standard more smoothly than any of us had the right to inefficiency down the road that could other- was a serious mistake and it has proven to be expect. Nevertheless, there has been signifi- wise be avoided. so. Late last week she publicly acknowledged cant cost growth in the program since the At the same time, we should be unwavering that the Clinton administration standard of 10 1993 redesign, and there is not now adequate in our determination to make whatever parts per billion was the right standard for ar- confidence in Congress and the Administration changes are required to the Station’s manage- senic and 2006 was the appropriate compli- that we know what the total cost of the Station ment structure and cost control system to min- ance date. program is likely to be. It is important that we imize the future cost and risk of this program. According to EPA data, there may be as take whatever steps are prudent and sensible The task force is very clearly telling us that many as 367,000 individuals in approximately to ensure that the Space Station program is ‘‘business as usual’’ will not suffice for a pro- 176 communities in Michigan drinking water well managed and that taxpayer dollars are gram that is as important as the International that contains arsenic at concentrations that ex- not wasted. The task force has made a num- Space Station. ceed 10 parts per billion. The Congress and ber of recommendations to improve the situa- Mr. Speaker, I believe that the Administra- the Administration must work together to pro- tion, and we will need to examine them care- tion needs to make clear its commitment to vide the financial assistance necessary for fully. the ultimate restoration of the full capabilities small communities to rapidly come into compli- At the same time, I hope that we don’t let of the Space Station even as it takes steps to ance with the new standard. No person, a preoccupation with cost issues cause us to improve the program’s cost management proc- whether living in a small community or large, lose sight of the fundamental decision we esses and operations strategy over the near should have arsenic in their drinking water, need to make about the future of the Inter- term. If it does so, I believe that Congress will presenting an unreasonable health risk. Espe- national Space Station program. That decision work constructively with the Administration cially when the best peer-reviewed science is quite simple: Are we committed to a Space over the coming weeks and months to put the tells us that exposure to arsenic in drinking Station that achieves its unique research po- Space Station program on a sound footing. water causes lung, bladder, and skin cancer. tential, and if so, are we willing to budget hon- For more than a decade, successive Admin- Mr. Speaker, the 10 parts per billion stand- estly for it? We have clear guidance from the istrations and Congresses have reaffirmed the ard for arsenic is supported by more peer-re- Space Station task force about what kind of importance of the Space Station. 15 nations viewed science than perhaps any other drink- Station won’t meet that goal. One of the prin- have joined with the United States to build an ing water standard ever promulgated by EPA. cipal findings included in the task force’s re- orbiting research facility that I am confident In just the last two years, two National Acad- port reads as follows: ‘‘The U.S. Core Com- will deliver unprecedented benefits to all of our emy of Science reports were issued. The June plete configuration (three-person crew) as an citizens as well as position our nation for 1999 report called on the EPA to move to a end state will not achieve the unique research eventual exploration of the rest of the solar more protective standard ‘‘as promptly as pos- potential of the International Space Station.’’ system. We should not falter in meeting our sible.’’ The second National Academy of The reason is quite simple: with a 3-person national commitment just as we are beginning Sciences’ study, completed two months ago, crew, there won’t be time to do any significant to reap the rewards of our past investments in found that the risks of bladder and lung cancer research—all the astronauts’ time will be taken the Space Station program. from arsenic contaminated water were much up with maintenance and operations activities. Mr. NEY. Mr. Speaker, today I rise in sup- greater than previously assessed. This finding Our International Partners have also made it port of increasing the FHA multifamily loan was based on the best and most recent sci- quite clear that a 3-person Space Station as limits. Tens of thousands of working families in entific research and is based on studies of an end-state instead of the originally agreed- our country pay more than 50 percent of their human populations. The independent Science upon 7-person Station and a unilateral U.S. income toward housing, or live in severely in- Advisory Board at EPA also found evidence decision to walk away from its long-standing adequate housing. Yet, the FHA multifamily linking arsenic consumption to heart disease, commitment to provide crew rescue and habi- loan program has not kept pace with construc- diabetes, and hypertension. tation facilities are not consistent with the tion costs. For example, in the last four years international agreements governing the Space only one project with 192 units was produced I would say to my fiends on the Appropria- Station program. We are asking our inter- in Cincinnati, despite the nearly twenty thou- tions Committee that it is a mistake to encour- national friends to stand with us in the global sand working families facing critical housing age small communities to seek lengthy compli- fight against terrorism; while the two situations needs there. Without affordable financing, de- ance time extensions as they continue to drink are not comparable, I think that is only right velopers cannot produce affordable housing water with unhealthy levels of arsenic. Nor that we continue to meet our commitments to stock. should they seek a rollback in our environ- them in the Space Station program. They are With the increasing need for housing far mental protection laws. We would work to- looking to us for leadership in this partnership, outpacing the available supply, the need for gether to identify or develop additional cost-ef- and I think that it is important for both Con- available FHA financing is critical. By increas- fective technologies and provide targeted fi- gress and the Administration to send a strong, ing the loan limits by 25 percent, the first in- nancial assistance where necessary to bring clear signal that we are not going to walk crease since 1992, we can provide a vehicle small water systems into compliance with the away from that responsibility. to alleviate the housing crisis facing our na- new protective standard for arsenic. In its report, the task force concluded that: tion. I urge strong support for this provision. The existing drinking water State Revolving ‘‘Lack of a defined program baseline has cre- Mr. DINGELL. Mr. Speaker, the Conference Loan Fund contains $850 million for grants ated confusion and inefficiencies.’’ However, Report directs the EPA Administrator to put and loans to public water systems. This fund the approach the task force seems to rec- into effect without delay the 10 parts per billion is authorized at one billion dollars and the ap- ommend—that is, keeping the question of the standard for arsenic promulgated in the Clin- propriation is $150 million less than the

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\A08NO7.028 pfrm02 PsN: H08PT1 H7940 CONGRESSIONAL RECORD — HOUSE November 8, 2001 authorized level. I am, therefore, surprised and ing water quality and protecting public virtually no tax base available for bond issues. concerned that the Conference Report fails to health. This proposal is an attempt to reverse the re- direct any financial assistance to help small Sincerely, cent re-segregation of the Native American CHRISTINE TODD WHITMAN. systems come into compliance with the new population at the school, which has resulted arsenic standard. I would hope this problem is Mr. BEREUTER. Mr. Speaker, this Member from the declining level of education and edu- rectified in the future. rises in support of the conference report for cation services at Walthill. In conclusion, I support the Conference Re- H.R. 2620, providing appropriations for the Third, this Member appreciates the port and I am pleased that it requires the Departments of Veterans Affairs (VA) and $500,000 in funds provided in the Environ- adoption of the safe arsenic standard without Housing and Urban Development (HUD), and mental Protection Agency’s portion of this con- delay. other Independent agencies for fiscal year ference report for the University of Nebraska- 2002. This Member would like to thank the U.S. ENVIRONMENTAL Lincoln’s Water Sciences Laboratory at the PROTECTION AGENCY, distinguished Chairman of the Appropriations Water Center. These funds are needed by the Washington, DC, October 31, 2001. Subcommittee on VA, HUD and Independent Water Sciences Laboratory to assist in the Hon. JOHN DINGELL, Agencies from New York (Mr. WALSH), the dis- purchase of the next generation in field and Ranking Minority Member, Committee on En- tinguished Ranking Member from West Vir- laboratory equipment so that it can maintain ergy and Commerce, House of Representa- ginia (Mr. MOLLOHAN) and all the members of its capability to address ground and surface tives, Washington, DC. the Subcommittee for their work on this impor- water quality problems. DEAR CONGRESSMAN DINGELL: As you know, tant bill. the U.S. Environmental Protection Agency The Water Sciences Laboratory does both This Member is especially pleased that regional field research and analytical research (EPA) has been conducting a thorough re- funding was included for several important view of the appropriate standard for arsenic in ground and surface water quality throughout in drinking water, based upon the best avail- projects in the 1st Congressional District of the north-central United States. The Labora- able science. Throughout this process, I have Nebraska. First, $490,000 was included in the tory is responsible for the development of in- made in clear that EPA intends to strength- conference report for Doane College in Crete, novative field methods to remediated haz- en the standard for arsenic by substantially Nebraska, which will be used for the con- ardous water contamination. lowering the maximum acceptable level from tinuing effort to rehabilitate the historic Finally, Mr. Speaker, this Member urges his 50 parts per billion (ppb), which has been the Whitcomb Conservatory for joint use by the colleagues to support the conference report lawful limit for nearly half a century. college and the community as a performing I can now report that the drinking water for H.R. 2620. arts center. This Member greatly appreciated Mr. WALSH. Mr. Speaker, I have no standard for arsenic will be 10 ppb, and we the previous inclusion of $430,000 for this will maintain the compliance date of 2006. further requests for time, and I yield This standard will improve the safety of project in the FY2001 appropriations legisla- back the balance of my time. drinking water for million of Americans, and tion. The additional funding provided for The SPEAKER pro tempore. Without better protect against the risk of cancer, FY2002 should provide much of the resources objection, the previous question is or- heart disease, and diabetes. to complete this project. dered on the conference report. As required by the Safe Drinking Water The Whitcomb Conservatory is a unique, There was no objection. Act, a standard of 10 ppb protects public five-sided structure, built on the ‘‘Prairie’’ or The SPEAKER pro tempore. The health based on the best available science ‘‘Frank Lloyd Wright’’ architectural style, which and ensures that the cost of the standard is question is on the conference report. was completed in 1907 and is a component of Pursuant to clause 10 of rule XX, the achievable. Over the past several months, we the Doane College Historic District National have had the benefit of insight provided by yeas and nays are ordered. national experts who conducted three new Register listing. The additional funding is Pursuant to clause 8 of rule XX, this independent scientific studies—the National needed for major structural repair of its roof, 15-minute vote on adoption of the con- Academy of Sciences, the National Drinking installation of a new mechanical system (in- ference report will be followed imme- Water Advisory Council, and EPA’s Science cluding a new heating and cooling plant), new diately by a 5-minute vote on the mo- Advisory Board. In addition, we have re- wiring, and a complete cosmetic refurbishing. tion to instructed conferees on H.R. ceived more than 55,000 comments from the The Conservatory has been vacant for more 3061. public. than 30 years. However, the Crete commu- Nearly 97 percent of the water systems af- The vote was taken by electronic de- nity—as well as the student population of vice, and there were—yeas 401, nays 18, fected by this rule are small systems that Doane College is growing—and necessitates serve fewer than 10,000 people each. I recog- not voting 13, as follows: refurbishing the building. Doane College and nize the challenges many small systems will [Roll No. 434] the Crete community have a close and long- face in complying with this standard, given YEAS—401 their higher per capita costs. Therefore I am standing working relationship and have a for- committed to working closely with states mal joint-use agreement for the future use of Abercrombie Borski Coyne Ackerman Boswell Cramer and small water systems to identify ways to Whitcomb Conservatory. The restoration of the Aderholt Boucher Crane reduce arsenic levels at a reasonable cost to Conservatory will create a community re- Akin Boyd Crenshaw ratepayers. source and provide a setting for musicals, Allen Brady (PA) Crowley EPA plans to provide $20 million over the Andrews Brady (TX) Culberson summer community theater, special concerts Armey Brown (FL) Cummings next years for research and development of and lectures. more cost-effective technologies to help Baca Brown (OH) Cunningham Bachus Brown (SC) Davis (CA) small systems to meet the new standard. Second, this Member is most pleased that $240,000 was allocated for the Walthill Public Baird Bryant Davis (FL) EPA will also provide technical assistance Baker Burr Davis (IL) and training to operators of small systems, School in Walthill, Nebraska, to be used to im- Baldacci Buyer Davis, Jo Ann which will reduce their compliance costs. prove the facilities for science education in this Baldwin Callahan Davis, Tom EPA will work with small communities to school district. The resources are badly need- Ballenger Calvert Deal maximize grants and loans under the exist- ed by this school system which has a very Barcia Camp DeFazio ing State Revolving Fund and Rural Utilities Barr Cannon DeGette large Native American student body. The stu- Barrett Cantor DeLauro Service programs of the Department of Agri- dents at Walthill are 97 percent Native Amer- Bartlett Capito DeMint culture. Finally, I have directed my staff to ican and come from primarily low-income fami- Barton Capps Deutsch identify other ways that we may help small- Bass Cardin Diaz-Balart er water systems reduce arsenic levels at a lies. Becerra Carson (IN) Dicks reasonable cost. Our goal is to provide clean, Therefore, this Walthill initiative will serve to Bentsen Carson (OK) Dingell safe, and affordable drinking water to all supplement a state initiative focused on serv- Bereuter Castle Doggett Americans. ing a predominately Native American popu- Berkley Chabot Dooley Berman Chambliss Doolittle I look forward to working with Congress; lation. Almost certainly, this school is the least Biggert Clay Doyle my colleagues in the Administration; state, adequate public education facility in the 1st Bilirakis Clayton Dreier local and tribal governments; and other in- Congressional District of Nebraska. Since the Bishop Clement Duncan terested parties as we move forward with school district’s land consists primarily of In- Blagojevich Clyburn Dunn this protective standard. It’s not enough just Blumenauer Coble Edwards to set the right standard—we want to work dian reservation land, which is not subject to Blunt Collins Ehlers Boehlert Combest Ehrlich with local communities to help them meet the property tax that is the predominant source of funding for public schools in Ne- Boehner Condit Emerson it. Working together, we can ensure the con- Bonilla Cooksey Engel tinuing viability of small, rural water sys- braska, Walthill Public School receives Fed- Bonior Costello English tems, and meet our common goal of improv- eral Impact Aid funds. As a result, Walthill has Bono Cox Eshoo

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.031 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7941 Etheridge Larson (CT) Rodriguez NAYS—18 Carson (OK) Hyde Olver Evans Latham Rogers (KY) Castle Inslee Ortiz Berry Hooley Schaffer Everett LaTourette Rogers (MI) Chabot Isakson Osborne Capuano Hostettler Sensenbrenner Farr Leach Rohrabacher Chambliss Israel Owens Filner Kerns Shays Fattah Lee Ros-Lehtinen Clay Issa Oxley Flake Paul Tancredo Ferguson Levin Ross Clayton Istook Pallone Hefley Roemer Toomey Fletcher Lewis (CA) Rothman Clement Jackson (IL) Pascrell Hoekstra Royce Weldon (FL) Foley Lewis (GA) Roukema Clyburn Jackson-Lee Pastor Forbes Lewis (KY) Roybal-Allard NOT VOTING—13 Combest (TX) Payne Ford Linder Rush Condit Jefferson Pelosi Fossella Lipinski Ryan (WI) Burton Ganske Ose Cooksey Jenkins Peterson (MN) Conyers Kilpatrick Otter Frank LoBiondo Ryun (KS) Costello John Peterson (PA) Cubin Largent Traficant Frelinghuysen Lowey Sabo Coyne Johnson (IL) Petri Delahunt Lofgren Frost Lucas (KY) Sanchez Cramer Johnson, E. B. Phelps DeLay Maloney (NY) Gallegly Lucas (OK) Sanders Crenshaw Jones (OH) Pickering Gekas Luther Sandlin Crowley Kanjorski Platts Gephardt Lynch Sawyer b 1337 Cummings Kaptur Pomeroy Gibbons Maloney (CT) Saxton Ms. HOOLEY of Oregon, Mr. KERNS Cunningham Keller Portman Gilchrest Manzullo Schakowsky Davis (CA) Kelly Price (NC) Gillmor Markey Schiff and Mr. HOEKSTRA changed their Davis (FL) Kennedy (MN) Pryce (OH) Gilman Mascara Schrock vote from ‘‘yea’’ to ‘‘nay.’’ Davis (IL) Kennedy (RI) Quinn Gonzalez Matheson Scott Mrs. BIGGERT and Messrs. WEINER, Davis, Jo Ann Kildee Rahall Goode Matsui Serrano WU and THOMPSON of California Davis, Tom Kind (WI) Ramstad Goodlatte McCarthy (MO) Sessions Deal King (NY) Rangel Gordon McCarthy (NY) Shadegg changed their vote from ‘‘nay’’ to DeFazio Kingston Regula Goss McCollum Shaw ‘‘yea.’’ DeGette Kirk Rehberg Graham McCrery Sherman So the conference report was agreed DeLauro Kleczka Reyes Sherwood Deutsch Knollenberg Reynolds Granger McDermott to. Graves McGovern Shimkus Diaz-Balart Kolbe Riley Green (TX) McHugh Shows The result of the vote was announced Dicks Kucinich Rivers Green (WI) McInnis Shuster as above recorded. Dingell LaFalce Rodriguez Simmons Doggett LaHood Roemer Greenwood McIntyre Simpson A motion to reconsider was laid on Dooley Lampson Rogers (KY) Grucci McKeon Skeen the table. Doyle Langevin Rogers (MI) Gutierrez McKinney Skelton Dreier Lantos Ros-Lehtinen Gutknecht McNulty Stated for: Slaughter Dunn Larsen (WA) Ross Hall (OH) Meehan Mr. OTTER. Mr. Speaker, because Smith (MI) Edwards Larson (CT) Rothman Hall (TX) Meek (FL) Smith (NJ) my beeper malfunctioned, I did not ar- Ehlers Latham Roukema Hansen Meeks (NY) Smith (TX) Ehrlich LaTourette Roybal-Allard Harman Menendez rive here in time to vote on the con- Smith (WA) Emerson Leach Rush Hart Mica ference report on H.R. 2620, otherwise Snyder Engel Lee Ryan (WI) Hastings (FL) Millender- Solis known as the VA–HUD bill. English Levin Sabo McDonald Hastings (WA) Souder Had I been here I would have voted in Eshoo Lewis (CA) Sanchez Hayes Miller, Dan Spratt favor. Etheridge Lewis (GA) Sanders Hayworth Miller, Gary Stark Everett Lewis (KY) Sandlin Herger Miller, George Stearns f Farr Linder Sawyer Hill Miller, Jeff Stenholm Fattah Lipinski Saxton Hilleary Mink Strickland APPOINTMENT OF CONFEREES ON Ferguson LoBiondo Schakowsky Hilliard Mollohan Stump H.R. 3061, DEPARTMENTS OF Filner Lowey Schiff Hinchey Moore Stupak Fletcher Lucas (KY) Schrock Hinojosa Moran (KS) Sununu LABOR, HEALTH AND HUMAN Foley Lucas (OK) Scott Hobson Moran (VA) Sweeney SERVICES, AND EDUCATION, AND Forbes Luther Serrano Hoeffel Morella Tanner RELATED AGENCIES APPROPRIA- Ford Lynch Shaw Holden Murtha Tauscher Fossella Maloney (CT) Shays Holt Myrick Tauzin TIONS ACT, 2002 Frank Manzullo Sherman Honda Nadler Taylor (MS) MOTION TO INSTRUCT CONFEREES OFFERED BY Frelinghuysen Markey Sherwood Horn Napolitano Taylor (NC) Frost Mascara Shimkus MR. OBEY Houghton Neal Terry Gallegly Matheson Shows Hoyer Nethercutt Thomas The SPEAKER pro tempore (Mr. Gekas Matsui Shuster Hulshof Ney Thompson (CA) SIMPSON). The pending business is Gephardt McCarthy (MO) Simmons Hunter Northup Thompson (MS) agreeing to the motion to instruct con- Gibbons McCarthy (NY) Simpson Hyde Norwood Thornberry Gilchrest McCollum Skeen Inslee Nussle Thune ferees on the bill, H.R. 3061, offered by Gillmor McCrery Skelton Isakson Oberstar Thurman the gentleman from Wisconsin (Mr. Gilman McDermott Slaughter Israel Obey Tiahrt OBEY) on which the yeas and nays were Gonzalez McGovern Smith (NJ) Issa Olver Tiberi Gordon McHugh Smith (TX) Istook Ortiz Tierney ordered. Goss McInnis Smith (WA) Jackson (IL) Osborne Towns The Clerk will designate the motion. Graham McIntyre Snyder Jackson-Lee Owens Turner The Clerk designated the motion. Granger McKeon Solis (TX) Oxley Udall (CO) The SPEAKER pro tempore. The Graves McKinney Souder Jefferson Pallone Udall (NM) Green (TX) McNulty Spratt Jenkins Pascrell Upton question is on the motion to instruct Green (WI) Meehan Stark John Pastor Velazquez offered by the gentleman from Wis- Greenwood Meek (FL) Stenholm Johnson (CT) Payne Visclosky consin (Mr. OBEY). Grucci Meeks (NY) Strickland Johnson (IL) Pelosi Vitter Gutierrez Menendez Stupak Johnson, E. B. Pence Walden This will be a 5-minute vote. Gutknecht Mica Sununu Johnson, Sam Peterson (MN) Walsh The vote was taken by electronic de- Hall (OH) Millender- Sweeney Jones (NC) Peterson (PA) Wamp vice, and there were—yeas 367, nays 48, Hansen McDonald Tanner Jones (OH) Petri Waters not voting 17, as follows: Harman Miller, Dan Tauscher Kanjorski Phelps Watkins (OK) Hart Miller, Gary Tauzin Kaptur Pickering Watson (CA) [Roll No. 435] Hastings (FL) Miller, George Taylor (MS) Keller Pitts Watt (NC) YEAS—367 Hastings (WA) Miller, Jeff Taylor (NC) Kelly Platts Watts (OK) Hayes Mink Terry Kennedy (MN) Pombo Waxman Abercrombie Bereuter Boyd Hill Mollohan Thomas Kennedy (RI) Pomeroy Weiner Aderholt Berkley Brady (PA) Hilleary Moore Thompson (CA) Kildee Portman Weldon (PA) Allen Berman Brown (FL) Hilliard Moran (KS) Thompson (MS) Kind (WI) Price (NC) Weller Andrews Berry Brown (OH) Hinchey Moran (VA) Thornberry King (NY) Pryce (OH) Wexler Armey Biggert Brown (SC) Hinojosa Morella Thune Kingston Putnam Whitfield Baca Bilirakis Bryant Hobson Murtha Thurman Kirk Quinn Wicker Bachus Bishop Burr Hoeffel Nadler Tiberi Kleczka Radanovich Wilson Baird Blagojevich Buyer Hoekstra Napolitano Tierney Knollenberg Rahall Wolf Baker Blumenauer Callahan Holden Neal Towns Kolbe Ramstad Woolsey Baldwin Boehlert Calvert Holt Nethercutt Turner Kucinich Rangel Wu Ballenger Boehner Camp Honda Ney Udall (CO) LaFalce Regula Wynn Barcia Bonilla Cannon Hooley Northup Udall (NM) LaHood Rehberg Young (AK) Barr Bonior Capito Horn Norwood Upton Lampson Reyes Young (FL) Barrett Bono Capps Houghton Nussle Velazquez Langevin Reynolds Bass Borski Capuano Hoyer Oberstar Visclosky Lantos Riley Becerra Boswell Cardin Hulshof Obey Vitter Larsen (WA) Rivers Bentsen Boucher Carson (IN)

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.024 pfrm02 PsN: H08PT1 H7942 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Walden Watts (OK) Wilson Mr. FROST. Mr. Speaker, I yield to jurisdiction. At this point, the gen- Walsh Waxman Wolf Wamp Weiner Woolsey the gentleman from Texas to inquire tleman from Texas should be advised I Waters Weldon (PA) Wu about next week’s schedule. am going to be consulting with the Watkins (OK) Weller Wynn Mr. ARMEY. I thank the gentleman chairman of the Committee on the Ju- Watson (CA) Wexler Young (AK) from Texas for yielding. diciary to see if it is possible we can Watt (NC) Whitfield Young (FL) Mr. Speaker, I am pleased to an- work that bill out and have it to the NAYS—48 nounce that the House has completed floor next week. Akin Goodlatte Putnam its legislative business for the week. Mr. FROST. I would further ask the Bartlett Hall (TX) Radanovich The House will next meet for legisla- gentleman, with the holidays ap- Barton Hayworth Rohrabacher Blunt Hefley Royce tive business on Tuesday, November 13 proaching, many people are anxious Brady (TX) Herger Ryun (KS) at 12:30 p.m. for morning hour and 2 that we ensure flying is as safe as pos- Cantor Hostettler Schaffer p.m. for legislative business. The House sible. Do we have any idea when we Coble Hunter Sensenbrenner will consider a number of measures Collins Johnson, Sam Sessions will get the airline security conference Cox Jones (NC) Shadegg under suspension of the rules, a list of report to the floor? Crane Kerns Smith (MI) which will be distributed to Members’ Mr. ARMEY. Again, I thank the gen- Culberson Myrick Stearns offices tomorrow. The House will also DeMint Otter Stump tleman for the inquiry. Doolittle Paul Tancredo consider the Agriculture appropria- If the gentleman will continue to Duncan Pence Tiahrt tions conference report, and we hope to yield, Mr. Speaker, the gentleman’s Flake Pitts Toomey complete an agreement to consider the Goode Pombo Weldon (FL) point is extremely well taken. As I en- Commerce-Justice-State appropria- tered the building at 8 o’clock this NOT VOTING—17 tions conference report as well. morning, I saw the conferees moving to Ackerman DeLay Lofgren Mr. Speaker, on Tuesday, Members the other side of the building for the Baldacci Evans Maloney (NY) should be aware that there will be no purpose of beginning that work. I have Burton Ganske Ose recorded votes before 6:30 p.m. Mr. Conyers Johnson (CT) Traficant been assured by Chairman YOUNG that Cubin Kilpatrick Wicker Speaker, let me repeat. In compliance they are aware of how important it is, Delahunt Largent with a request from the gentleman they are trying to proceed with that from Kansas (Mr. MORAN), on Tuesday b 1347 conference, and we would hope and ex- no recorded votes are expected before pect they could complete that work for So the motion to instruct was agreed 6:30 p.m. consideration next week. to. On Wednesday and the balance of the Mr. FROST. I would point out to the The result of the vote was announced week, the House will consider several distinguished majority leader that it as above recorded. authorization and appropriations bills will be very difficult for Members of A motion to reconsider was laid on now in conference. I will be happy to Congress to leave town unless we have the table. schedule them as soon as they become acted on that legislation. They will not available. PERSONAL EXPLANATION feel good about going home and seeing Chairman YOUNG also reports that Ms. KILPATRICK. Mr. Speaker, due to per- their constituents until we have taken the markup of the Department of De- sonal business in my district, I am unable to action on that bill. be present for legislative business scheduled fense Appropriations Act should be completed early next week, and I will Mr. ARMEY. I appreciate the gentle- for today, Thursday, November 8. Had I been man’s point, and I am sure the con- present, I would have voted ‘‘aye’’ on rollcall schedule that bill for consideration in the House as soon as it is ready for the ferees are well aware of that as well. No. 433, on approving the Journal; rollcall No. Mr. FROST. I would ask the gen- 434, H.R. 2620, the VA–HUD appropriations floor. Mr. Speaker, I would also take this tleman one additional question. I no- conference report; and rollcall No. 435, on the ticed in his initial statement that he motion to instruct House conferees on the bill opportunity to remind Members that as we approach the Thanksgiving holi- discussed the possibility of being in H.R. 3061, the Labor-HHS-Education appro- session next weekend and perhaps into priations bill. day, we are working very hard to com- plete our business for the year. There the following week. The following week PERSONAL EXPLANATION are obviously many important pieces of is the week of Thanksgiving. At what Mrs. MALONEY of New York. Mr. legislation to complete prior to ad- point will a decision be made by the Speaker, regrettably, I was detained at journment, so I would advise Members majority as to whether we will be in a meeting, my beeper did not go off and that the House should be prepared to session next weekend or whether we I missed two critically important continue its work into next weekend would vote another continuing resolu- votes. and early in the following week in tion and come back after Thanks- On the conference report on H.R. order to finish our work for the year, if giving? 2620, I would have voted ‘‘yes’’; and on at all possible. Mr. ARMEY. I thank the gentleman the motion to instruct conferees on Mr. FROST. I would ask the gen- for his inquiry. The point is very well 3061 for Labor, HHS, Education Appro- tleman from Texas, do you expect fast taken and a good question. priations bill to insist the House level track trade legislation to be on the Sometime as we proceed next week for education, I certainly would have floor next week? and we get the measure of some of voted ‘‘yes.’’ Mr. ARMEY. I thank the gentleman these very important appropriations The SPEAKER pro tempore (Mr. for his inquiry. If the gentleman will bills and conferences, as we get the SIMPSON). Without objection, the Chair continue to yield, I should only say it measure of their progress, we should be appoints the following conferees: is possible at this point. That is really able then to give the Members defini- Messrs. REGULA, YOUNG of Florida, as much as I can say. tive answers with respect to working ISTOOK, DAN MILLER of Florida, WICK- Mr. FROST. I would further ask the even possibly through the weekend, the ER, Mrs. NORTHUP, Mr. CUNNINGHAM, gentleman, we have heard rumors of a weekend next or, of course, that Mon- Ms. GRANGER, Messrs. PETERSON of terrorism insurance bill also making day and Tuesday of Thanksgiving Pennsylvania, SHERWOOD, OBEY, HOYER, its way to the floor. Should we expect week. I think it would be prudent of me Ms. PELOSI, Mrs. LOWEY, Ms. DELAURO, that next week? to advise most Members that irrespec- Mr. JACKSON of Illinois and Mr. KEN- Mr. ARMEY. Again, I thank the gen- tive of what we do relative to the NEDY of Rhode Island. tleman for his inquiry. weekend preceding Thanksgiving week, There was no objection. If the gentleman will continue to that they should anticipate being here f yield, Mr. Speaker, Chairman OXLEY on Monday and Tuesday of Thanks- and his committee have in fact com- giving week and working on those 2 LEGISLATIVE PROGRAM pleted their markup of this legislation. days. (Mr. FROST asked and was given per- It is very important. But it is a legisla- Mr. FROST. I thank the gentleman. mission to address the House for 1 tion with respect to which the Com- We look forward to seeing the schedule minute). mittee on the Judiciary shares some as it develops next week.

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.012 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7943 RANKING OF MEMBERS ON COM- in order under the Calendar Wednesday Zemin gave each other a bear hug and MITTEE ON VETERANS’ AFFAIRS rule be dispensed with on Wednesday signed a so-called ‘‘friendship treaty.’’ Mr. FROST. Mr. Speaker, I offer a next. We are now embarking on a similar resolution (H. Res. 282) and I ask unan- The SPEAKER pro tempore. Is there friendship with India and Prime Min- objection to the request of the gen- imous consent for its immediate con- ister Vajpayee. tleman from Texas? sideration in the House. There was no objection. b 1400 The Clerk read the resolution, as fol- f Mr. LANTOS. Mr. Speaker, further lows: reserving the right to object, I am de- H. RES. 282 WELCOMING PRIME MINISTER OF lighted to speak in support of this reso- Resolved, That Mr. Lynch of Massachusetts INDIA ON OCCASION OF HIS lution which welcomes Prime Minister shall rank after Mr. Shows of Mississippi on VISIT TO UNITED STATES Vajpayee of India to the United States the Committee on Veterans’ Affairs. Mr. GILMAN. Mr. Speaker, I ask and expresses the deep appreciation of The SPEAKER pro tempore. Is there unanimous consent that the Com- the American people for the strong and objection to the request of the gen- mittee on International Relations be immediate support India has provided tleman from Texas? discharged from further consideration us at the time of the events of Sep- There was no objection. of the concurrent resolution (H. Con. tember 11. The resolution was agreed to. Res. 264) expressing the sense of Con- Many of our colleagues do not real- A motion to reconsider was laid on gress to welcome the Prime Minister of ize, Mr. Speaker, that India also lost the table. India, Atal Bihari Vajpayee, on the oc- over 200 of its own citizens in the f casion of his visit to the United States, dreadful attack on the World Trade and to affirm that India is a valued ELECTION OF MEMBER TO CER- Center. As a matter of fact, while this friend and partner and an important terrible terrorist act was a first for us, TAIN STANDING COMMITTEES OF ally in the campaign against inter- THE HOUSE I think it is important for all of us to national terrorism, and ask for its im- understand that some of our demo- Mr. ARMEY. Mr. Speaker, I offer a mediate consideration in the House. cratic friends and allies have been sub- resolution (H. Res. 283) and I ask unan- The Clerk read the title of the con- jected to terrorist attacks for many imous consent for its immediate con- current resolution. years. Our democratic friend, India, sideration. The SPEAKER pro tempore. Is there and our democratic friend, the State of The Clerk read the resolution, as fol- objection to the request of the gen- Israel, have been subjected to ter- tleman from New York? lows: rorism for over half a century. Fol- Mr. LANTOS. Mr. Speaker, reserving H. RES. 283 lowing our tragic event on September the right to object, and I will not ob- Resolved, That the following named Mem- ject, I yield to my friend, the gen- 11, on October 7 terrorists attacked the ber be and is hereby, elected to the following Parliament House in Kashmir claiming standing committees of the House of Rep- tleman from New York, so that he may explain the reasons for moving this res- the lives of scores of innocent Indian resentatives: citizens. Armed Services: Mr. Jeff Miller of Florida. olution immediately to the floor. Veterans Affairs: Mr. Jeff Miller of Flor- Mr. GILMAN. I thank the gentleman Mr. Speaker, it is important to real- ida. for yielding. ize that today we have the pleasure of The SPEAKER pro tempore. Is there Mr. Speaker, I want to commend the welcoming to our Congress the Prime objection to the request of the gen- gentleman from California (Mr. LAN- Minister of the largest democracy on tleman from Texas? TOS), the ranking minority member on the face of this planet. There are 1 bil- There was no objection. the Committee on International Rela- lion people in India, Mr. Speaker. Many The resolution was agreed to. tions, for crafting H. Con. Res. 264, a were doubtful years ago that a society, A motion to reconsider was laid on resolution expressing the sense of the at that time quite poor, in many ways the table. Congress to welcome the Prime Min- undeveloped, could maintain a political democracy. There was a lot of skep- f ister of India, Atal Bihari Vajpayee, on the occasion of his visit to our Nation, ticism as to whether you could have a HOUR OF MEETING ON TOMORROW and to affirm that India is a valued viable political democracy with 1 bil- Mr. ARMEY. Mr. Speaker, I ask friend and partner and an important lion people of enormous ethnic variety unanimous consent that when the ally in the campaign against inter- and with hundreds of millions of those House adjourns today, it adjourn to national terrorism. people living in abject poverty. meet at 10 a.m. tomorrow. India and the United States share a India has proven the pessimists The SPEAKER pro tempore. Is there common destiny. Our people thrive on wrong. India today is the fourth largest objection to the request of the gen- democracy, the rule of law and the economy on the face of this planet, and tleman from Texas? right to freely worship God, and our it is the largest political democracy on There was no objection. governments understand that these this planet. Political elections unfold, governments change peacefully, as f rights and freedoms are essential for our civilizations to flourish. they do here in the United States. ADJOURNMENT FROM FRIDAY, NO- Mr. Speaker, this past Monday in A great deal has been made in recent VEMBER 9, 2001, TO TUESDAY, New Delhi, Secretary of Defense Don- times, since September 11, of our build- NOVEMBER 13, 2001 ald Rumsfeld and India’s Minister of ing a global coalition against inter- Mr. ARMEY. Mr. Speaker, I ask Defense, George Fernandes, met and national terrorism; and we all support unanimous consent that when the agreed to expand and intensify our mu- the effort of the President, the Sec- House adjourns on Friday, November 9, tual cooperation in the war against retary of State and others to move 2001, it adjourn to meet at 12:30 p.m. on international terrorism. We are de- along these lines. But I think it is im- Tuesday, November 13, 2001, for morn- lighted that India and the United portant to realize that some Members ing hour debates. States are moving closer to becoming of this coalition share our values. India The SPEAKER pro tempore. Is there allies in every sense of the word. is one of them. objection to the request of the gen- An alliance between our Nation and Not all members of the coalition are tleman from Texas? India could specifically be used to pro- built on the same set of democratic There was no objection. mote democratic governments in the values that our society is built on and f region and to combat drugs and ter- India’s society is built on. For many, rorism. And our Nation appreciates the this coalition is just a marriage of con- DISPENSING WITH CALENDAR immeasurable contributions to our so- venience. With respect to India, it is a WEDNESDAY BUSINESS ON ciety made by the more than 1 million marriage based on shared and common WEDNESDAY NEXT Americans of Indian origin. values of pluralism, respect for minori- Mr. ARMEY. Mr. Speaker, I ask This past summer, Russian President ties, freedom of religion, political unanimous consent that the business Putin and Chinese President Jiang privileges of voting, freedom of press,

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.063 pfrm02 PsN: H08PT1 H7944 CONGRESSIONAL RECORD — HOUSE November 8, 2001 freedom of movement, and freedom of cause of their friendship with the all know how the ties between India expression. United States, but also because they and the United States have solidified India, with its vibrant democracy understand the negative impact of ter- over the years. However, since Sep- and secular government, is a rich and rorism on their own state and own pop- tember 11 that relationship has reached diverse society which stands as a bea- ulation, particularly as it has often oc- new heights. con of example to many others in that curred in Kashmir. India has been in- India has been with the United region. There is no doubt in my mind, volved with the U.S. in acting against States every step of the way. India has Mr. Speaker, that our friendship with terrorism for a long time and has long known the horrors of terrorism, India will continue to grow and deepen, worked for several years with the and now the United States has joined and it is in this spirit that we welcome United States in that regard and will India in the fight against terrorism. Prime Minister Vajpayee to the United continue to. India quickly condemned the attacks States and to the Congress of the The second thing I would mention is and immediately offered assistance to United States. that India is very important to the the U.S. India has provided the intel- Mr. Speaker, continuing my reserva- United States because of the growing ligence support, as well as the use of tion of objection, I yield to the gen- relationship that we share on every its military bases and air space. tleman from Washington (Mr. level. Certainly when we talk about I had a chance to be there during the MCDERMOTT), the chairman of the Con- trade, the growing trade relationship, international fleet review in Mumbai gressional Caucus on India and Indian- when we talk about culture, there is so and see why Colin Powell, our Sec- Americans. much interest in India culture in the retary of State, said that India has the Mr. MCDERMOTT. Mr. Speaker, I United States and vice-versa. strength to keep the peace in the vast thank the gentleman for yielding me But more important right now, I Indian Ocean and its periphery. time. think, is the importance of the defense Today, President Bush is skillfully The 120-some members of the Con- relationship, and we understand that leading what will be a difficult strug- gressional Caucus on India and Indian- some of the conversations and talks gle, but India has demonstrated that it Americans are very excited to have the that are taking place between the will be a key ally in this war. For that, Prime Minister here in Washington, Prime Minister and President Bush re- we are appreciative. D.C. We just had a wonderful lunch late to that defense relationship. I have Mr. HYDE. Mr. Speaker, today, with this where we greeted him, and we look for- been a long advocate of the need to in- resolution, the House welcomes a friend, the ward to having a positive relationship crease our defense relationship, wheth- Prime Minister of India, His Excellency Atal develop to an even deeper level. The er that means supplying military Bihari Vajpayee. The Prime Minister is in 11th of September was a day that jolted equipment or doing more military ex- Washington in the course of visits to several us all, and almost immediately Prime ercises with India. capitals to emphasize India’s longstanding Minister Vajpayee was on the phone to I think many of us know that, his- commitment to fight terrorism. This is a matter on which we can all agree. the United States putting out his hand torically, India had relied on the America and India need to step up our secu- in help, offering bases, something that former Soviet Union for much of its rity and political cooperation; India’s impor- had never happened before. military equipment. I would like to see tance to world security is obvious to anyone This is a major sea change in the re- that change. I think the U.S. should be who possesses a map. Of course, Indians and lationship between India and the the main country that they look to in Americans agree on many other subjects, es- United States. I think all the Members that regard. So I am hopeful that this pecially on the benefits of democracy and of Congress who understand the impor- week both the trade ties, but, more im- human rights and on the benefits of trade. tance of a stable Central and South portant, the defense ties, between India American-Indian relations have been getting Asia understand the strength that and the United States, will see some better for many years, following the steady, Prime Minister Vajpayee has brought significant positive action. I am hope- upward path of bilateral trade. The fact that to that area. He reached out to his ful that that will in fact be the case. more and more individuals of Indian ancestry neighbor, Pakistan, and took a bus trip The third thing I wanted to mention, are contributing to our society, becoming citi- to Pakistan, the first time an Indian and we all know about the growing im- zens, and taking part in civic and business en- Prime Minister had done that in the portance of the Indian-American com- deavors is another factor that contributes whole history of India-Pakistan rela- munity here in the United States, my mightily to our improving relationship. As this tions. He is a man who walks the talk district, my old district before the re- trend continues, Americans get to know Indian of peace, and he has become our friend; districting that took place a few weeks culture and Indians are more likely to have and we are very glad to have him here. ago in New Jersey, had a very large In- friends and relatives in this country and have Mr. LANTOS. Mr. Speaker, con- dian-American population. That has a realistic picture of life here. even increased more with the new dis- tinuing my reservation of objection, I The United States wants to help India and trict that I will be representing, hope- am delighted to yield to my friend, the its neighbors live in peace in a stable South fully, after this next year. I think that gentleman from New Jersey (Mr. Asia. It has become clear that, in the first in- that Indian-American community has PALLONE). stance, this will require the extirpation of al Mr. PALLONE. Mr. Speaker, I want gone far towards building the ties be- Qaida and the defeat of those who harbor it, to thank the ranking member for yield- tween the United States and India the Taliban. ing me time. based on democracy, based on cap- India and Pakistan, rivals and sometimes Mr. Speaker, let me say that I was italism, based on shared culture inter- enemies, are on the same side in this endeav- very pleased today to have another op- ests. The Prime Minister took note of or. I pray that they will take the opportunity to portunity at the India Caucus luncheon that today at our luncheon, and I know achieve some level of confidence in one an- to meet and talk with Prime Minister that he is very proud of the impact other in a common struggle. I hope that Amer- Vajpayee. I admire him so much for all that the Indian-American community ican leadership will help bring them together that he has done in India, both as a mi- has had here in the United States. wherever we can in fact be of assistance. nority leader as well as now the Prime Mr. LANTOS. Mr. Speaker, further Mr. Speaker, this is an important visit. The Minister. I have met him on many oc- reserving the right to object, I am de- Indian Prime Minister is a most welcome casions and have always been very im- lighted to yield to my good friend, the guest, and one whom we are most pleased to pressed by him. gentleman from California (Mr. honor with this resolution. I think this resolution is important; ROYCE), the distinguished Republican Mr. LANTOS. Mr. Speaker, I with- and obviously I would urge its adop- cochair of the India caucus. draw my reservation of objection. tion, because it sets forth three things Mr. ROYCE. Mr. Speaker, today we The SPEAKER pro tempore (Mr. that I think are important: had a luncheon where we heard from OTTER). Is there objection to the re- One is that India, like the United Prime Minister Vajpayee. It is always quest of the gentleman from New States, has historically been a victim good to see the Prime Minister con- York? of terrorism. India has been extremely sulting with the Congress and the ad- There was no objection. supportive of the United States in the ministration to strengthen the ties be- The Clerk read the concurrent reso- aftermath of September 11, in part be- tween India and the United States. We lution, as follows:

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.068 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7945 H. CON. RES. 264 The Clerk read as follows: Well, already we have a judge sug- Whereas Congress is pleased to welcome Mr. ROHRABACHER moves that the man- gesting, a Federal judge suggesting the Prime Minister of India, Atal Bihari agers on the part of the House at the con- that that argument does not hold Vajpayee, on his visit to the United States; ference on the disagreeing votes of the two water, and a reading of the treaty itself Whereas the United States and India, the Houses on the bill, H.R. 2500, be instructed to suggests that that does not hold water. world’s two largest democracies, are natural insist on the language contained in section What do we have, then? We have a 626 of the House-passed bill and section 623 of allies, based on their shared values and com- situation where this judge, a neutral mon interests in building a stable, peaceful, the Senate amendment, prohibiting the use and prosperous world in the 21st century; of funds in the bill by the Department of party, an American judge, has decided Whereas from the very day that the ter- Justice or the Department of State to file a that our POWs under the treaty have rorist attacks in New York and Washington motion in any court opposing a civil action the right to file a claim in court. occurred, India has expressed its condolences against any Japanese person or corporation In the past what has happened, and for the terrible losses, its solidarity with the for compensation or reparations in which the the reason this legislation is necessary, American people, and its pledge of full co- plaintiff alleges that, as an American pris- is our greatest American war heroes operation in the campaign against inter- oner of war during World War II, he or she from World War II, the survivors of the was used as slave or forced labor. national terrorism; Bataan Death March, not only were Whereas India, which has been on the front The SPEAKER pro tempore. Pursu- lines in the fight against international ter- they left out on their own and betrayed ant to clause 7 of rule XXII, the gen- by our country in a certain way, at rorism for many years, directly shares Amer- tleman from California (Mr. ROHR- ica’s grief over the terrorist attacks against least if not betrayed, let down, that we ABACHER) and the gentleman from New the United States on September 11, 2001, with did not come to their rescue; then they York (Mr. SERRANO) each will control the number of missing Indian nationals and served as prisoners of war and as slave 30 minutes. persons of Indian origin estimated at 250; labor; and then after the war, we be- The Chair recognizes the gentleman Whereas the United States and India are trayed them again, we let them down from California (Mr. ROHRABACHER). engaged as partners in a global coalition to again in that they were told that the combat the scourge of international ter- Mr. ROHRABACHER. Mr. Speaker, I rorism, a partnership that began well before yield myself 6 minutes. treaty prevented them from suing the the tragic events of September 11, 2001; Mr. Speaker, this motion is highly corporations that had used them as Whereas cooperation between India and the unusual. It is highly unusual because slave labor. United States extends beyond the current the Parliamentarian’s Office has not Well, as I say, in the treaty there is international campaign against terrorism, been able to find another instance in a provision that says very clearly, any and has been steadily developing over recent the history of this House in which a rights not granted to American citi- years in such areas as preserving stability zens in this treaty that are granted to and growth in the global economy, pro- motion was offered to instruct con- ferees to keep something in a con- other citizens of other countries in tecting the environment, combating infec- other treaties, subsequent treaties, will tious diseases, and expanding trade, espe- ference report that was approved by cially in emerging knowledge-based indus- both the House and the Senate in iden- automatically be the rights of the tries and high technology areas; and tical form. In theory, such a motion American people as well, and since that Whereas more than 1,000,000 Americans of should be completely unnecessary, be- time, of course, Japan has signed many Indian heritage have contributed immeas- cause under the rules of both Houses, other treaties and other people have urably to American society: Now, therefore, this House and the Senate, any provi- had the right to sue these Japanese be it sion that has been approved by each corporations. Resolved by the House of Representatives (the We are not talking about suing the Senate concurring), That it is the sense of House in identical form is ‘‘non- conferenceable,’’ which means it auto- Japanese Government, we are talking Congress— about suing Japanese corporations. It (1) to welcome the Prime Minister of India, matically goes to the conference and Atal Bihari Vajpayee, to the United States; goes into the conference report as it is the courts, not the executive branch, (2) to express profound gratitude to the passed both Houses. That is called de- that will ultimately determine the Government of India for its expressions of mocracy, where the majority of people meaning of what this treaty is all sympathy for the September 11, 2001, ter- in both Houses vote for something, and about. We already have a court deci- rorist attacks and its demonstrated willing- then it stays in the bill as the bill goes sion. ness to fully cooperate with the United through the system. The political question is what we States in the campaign against terrorism; need to decide, and that is what is hap- and b 1415 pening today, and that is what hap- (3) to pledge commitment to the continued expansion of friendship and cooperation be- Unfortunately, the lobbying of Japa- pened in a decision in this body over- tween the United States and India. nese corporations and other very pow- whelmingly and a decision in the Sen- erful interest groups in this city over ate. Both in this House and the Senate, The concurrent resolution was agreed this period of time has been unusually we decided that our American heroes of to. heavy. They have been spreading mis- the Bataan Death March, their claims A motion to reconsider was laid on information about the peace treaty are more important than bending over the table. with Japan, and it appears that our backwards to try to recognize claims of f courageous World War II POWs will big Japanese corporations that used GENERAL LEAVE feel the brunt of this deception. The our people as slave labor during the fact is that private companies did use war. The courts have found that fac- Mr. LANTOS. Mr. Speaker, I ask American POWs during World War II as tual issues exist for the application of unanimous consent that all Members slave laborers. our people. That means that our POWs may have 5 legislative days within In his recent decision, Judge William have a right to sue, they have an ac- which to revise and extend their re- F. McDonald rejected all arguments by tual, factual claim, and the court has marks on H. Con. Res. 264. the State Department that such a decided that the 1951 peace treaty with The SPEAKER pro tempore. Is there court hearing, in terms of a hearing of Japan does not, does not prevent the objection to the request of the gen- our own POWs’ requests for compensa- plaintiffs from filing action in the tleman from California? tion from these Japanese companies court. There was no objection. that enslaved them, Judge McDonald Now, I would ask my colleagues to f decided that this would not violate the vote for this motion, and I would ask treaty which ended World War II, al- them to pay particular attention, and MOTION TO INSTRUCT CONFEREES though what we have been hearing over the American people to pay attention, ON H.R. 2500, DEPARTMENTS OF and over and over again in this town is, to what is going on here. What has COMMERCE, JUSTICE, AND my gosh, we cannot permit our great- been voted on on the floor, some people STATE, THE JUDICIARY, AND RE- est war heroes, the survivors of the Ba- are trying to take out behind closed LATED AGENCIES APPROPRIA- taan Death March to sue the Japanese doors in the conference. It is the first TIONS ACT, 2002 corporations that used them as slave time in history we have a motion to re- Mr. ROHRABACHER. Mr. Speaker, I labor in the war, because this would commit, to insist on language that has offer a motion to instruct conferees. violate the treaty that ended the war. been passed in both Houses. I think it

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.025 pfrm02 PsN: H08PT1 H7946 CONGRESSIONAL RECORD — HOUSE November 8, 2001 is vitally important for us to pay at- have more of a symbolic effect and not by the Departments of State and Justice to tention to this, because I can see when likely to have a substantive effect on oppose a civil suit brought by a former these things happen why people lose the legal interpretations and posture of American prisoner of war against a Japanese person or corporation for reparations or faith in democracy. the peace treaty with Japan under U.S. compensation for forced labor. This provi- Let me also note that the gentleman law and international law.’’ sion became § 626 of H.R. 2500 as passed by from California (Mr. COX) has a bill It is a symbolic thing. the House of Representatives and § 623 in the just to provide $20,000 as compensation I think the gentleman is correct in version of H.R. 2500 passed by the Senate. In from the United States Government to what he said with regard to the Cox light of the terrorist attacks of September these American heroes. One would language. If we want to do something 11, 2001, some opponents of this provision think that at the very least, the Cox substantive rather than just a sym- have criticized it as jeopardizing foreign pol- icy objectives of the United States in seek- bill would be implemented if they were bolic act, then we ought to pass the ing the support and solidarity of Japan and going to try to take out the legislation Cox language which is in the author- other nations in its antiterrorism efforts by that we passed in both Houses. But no. izing language. calling into question the reliability of the Again, our POWs are not being treated Lastly, the conference report will United States in abiding by its international justly. carry language, if it is approved, that obligations. Although Japan may look I would ask my colleagues to join me says the following: ‘‘The conference askance at Congress’ revisitation of this in supporting this motion to direct the agreement does not include language issue and in direct expression of support for conferees. the lawsuits, the Rohrabacher Amendment is proposed in both House and Senate likely to have more of a symbolic effect, and Mr. Speaker, I reserve the balance of bills regarding the civil actions against not likely to have a substantive effect on the my time. Japanese corporations for compensa- legal interpretation and posture of the Peace Mr. SERRANO. Mr. Speaker, I yield tion in which the plaintiff alleges that Treaty with Japan under U.S. law and inter- myself such time as I may consume. as an American prisoner of war during national law. Mr. Speaker, I certainly know of the World War II, he or she was used as This provision apparently is a reaction to passion with which the gentleman from slave or forced labor. The conferees un- the submission of statements of interest by the Department of Justice on behalf of the California speaks. He is very much derstand that the administration op- committed to this issue. I would love United States in In Re World War II Era Jap- poses this language and is concerned anese Forced Labor Litigation. The United to correct him, just momentarily, on that the inclusion of such language in States filed two statements of interest in the fact that some things, when they the act would be detrimental to the on- that case. Although the plaintiffs filed suit leave the House Floor, somehow end up going effort to enlist multilateral sup- in California state courts and only alleged in conference a little different than port for the campaign against ter- claims under a California state statute, some when they left the House Floor, so this rorism.’’ cases were removed to the federal courts and may not be the only time that this has then consolidated before the District Court It ends by saying, ‘‘The conferees for the Northern District of California. These been changed. strongly agree that the extraordinary But we do understand how serious he cases resulted in three separate decisions suffering and injury of our former pris- dismissing three separate subclasses of the and other Members are about this oners of war deserve further recogni- cases concerning the plaintiffs who were U.S. issue. There are some concerns, but as tion and acknowledge the need for such nationals, those who were Korean and Chi- we go into conference later today, we additional consideration.’’ nese nationals, and those who were Filipino know that his concerns will be seri- We are at war. You shook your head nationals. This memorandum will discuss ously taken into consideration. no, that we are not at war? I said we below the decisions concerning the U.S. na- tionals and Korean or Chinese nationals re- Mr. Speaker, I yield such time as he are at war and you shook your head no. may consume to the gentleman from spectively. The first statement of interest We are at war. There were 27 families stated that the cases were controlled by fed- Virginia (Mr. WOLF), my chairman. in my congressional district that died eral law and thus should be heard in federal (Mr. W0LF asked and was given per- as a result of what took place at the court. The federal law was the international mission to revise and extend his re- Pentagon, and the Bush administration agreement embodying the peace settlement marks, and include extraneous mate- is trying to put together a multilat- between Japan and the major Allied Powers, rial.) eral, broad-based coalition effort. including the United States, which was in- GENERAL LEAVE Right now, the Japanese Government tended to constitute the final disposition of claims between the Allied Powers and its na- Mr. WOLF. Mr. Speaker, I ask unani- has offered, with regard to military mous consent that all Members may tionals against Japan and its nationals aris- troops, to help them participate. And I ing from actions in the course of the pros- have 5 legislative days within which to would think sincerity ought to be ques- ecution of the war. The United States later revise and extend their remarks on this tioned, and then take the language, filed a second statement of interest setting motion to instruct conferees on H.R. and when the Cox language went in and out in detail its position that it had lawfully 2500 and that I may include tabular and the International Relations bill comes espoused and settled the claims of U.S. na- extraneous material. up, offer the language at that time. tionals against Japan and its nationals aris- The SPEAKER pro tempore. Is there Offer it there and I will vote for it, but ing out of the war; that this settlement had objection to the request of the gen- been carried out through the compensation not with regard to an appropriations system established by the War Claims Act of tleman from Virginia? bill. There was no objection. 1948, which disbursed compensation funded Lastly, this language says, ‘‘It is by the liquidation of Japanese assets con- Mr. WOLF. I thank the gentleman for likely to have more of a symbolic ef- fiscated by the Allied Powers pursuant to yielding me time. fect and not likely to have a sub- the peace treaty with Japan; and that the Mr. Speaker, first of all, on the Rohr- stantive effect on the legal interpreta- California state law claims were preempted abacher amendment, the whole concept tion and posture of the peace treaty by the 1951 Peace Treaty with Japan and the behind it I support and agree with, and with Japan under U.S. law and inter- War Claims Act in accordance with the Su- premacy Clause of the Constitution, which I think it is fair to say that most Mem- national law.’’ bers agree with it. provides that ‘‘[t]his Constitution, and the CONGRESSIONAL RESEARCH SERVICE, Laws of the United States which shall be Secondly, if we are going to do this, Washington, DC, October 2, 2001. we ought to be suing the Japanese Gov- made in Pursuance thereof; and all Treaties To: Hon. Frank R. Wolf, Attention: Geoff made, or which shall be made, under the Au- ernment as well as the corporations; Gleason. thority of the United States, shall be the su- and we do not sue the government and, From: Margaret Mikyung Lee, Legislative preme Law of the Land; and the Judges in therefore, it is flawed. Attorney, American Law Division. every State shall be bound thereby, any Thirdly, we have a legal opinion. Subject: Analysis of H. Amdt. 188, the Rohr- Thing in the Constitution or Laws of any When this came up, we asked the Con- abacher amendment to the Commerce, State to the Contrary notwithstanding.’’ Justice, State Appropriations Act, 2002, When the District Court of the Northern gressional Research Service to give us H.R. 2500. a legal opinion of the Rohrabacher District of California dismissed the cases This memorandum is in response to your with regard to the plaintiffs who were U.S. amendment. I would like to insert the request for an analysis of H. Amdt. 188, the nationals or military veterans of the Allied entire opinion into the RECORD, but I Rohrabacher Amendment to the Commerce, Powers, it found that the Treaty by its terms will read one sentence. It says, ‘‘The Justice, State Appropriations Act, 2002, H.R. constituted a comprehensive and exclusive Rohrabacher amendment is likely to 2500, which would prohibit the use of funds settlement plan and that Article 14(b) of the

VerDate 06-NOV-2001 03:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.072 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7947 Treaty unambiguously waived any further Peace Treaty with Japan would have dis- greatest heroes, have been denied that claims. Even if the language of the Treaty missed the claims of U.S. prisoners of war right. Whether or not this is symbolic were ambiguous, the court found that the concerning forced labor compensation even if or not, I think that is a matter for the context of the Treaty, the history of the ne- the United States had not filed briefs oppos- lawyers to determine. gotiations, and the Senate debate over its ing the claims. There apparently are appeals ratification supported the view that Article pending in this litigation which have not yet But what we should do as legislators 14(b) waived any further claims by U.S. na- been decided, and there are apparently other is bend over backwards to watch out tionals against Japanese nationals, and that similar lawsuits pending. It is uncertain for the interests of our great American U.S. nationals must look to the Congress for whether the ultimate disposition in any of heroes, the survivors of the Bataan relief of claims not compensated by the these cases might be a ruling in favor of the Death March and not try to give the Treaty. Furthermore, and most significantly plaintiffs. However, the Japanese govern- benefit to Japan or the Japanese cor- for the Rohrabacher Amendment, the court ment may not necessarily view the silence of porations that use them as slave labor. found that the position of the United States, the United States in these other cases nega- A court will decide, and already we expressed by the Department of State and tively since the United States is already on the statements of interest in the instant the historic and contemporary record as hav- have an opinion, as I said, in one court case, carried ‘‘significant weight.’’ However, ing the same position as that espoused by that has decided that this is much the court also noted that the ‘‘government’s Japan, that further claims are waived by the more than symbolic. position also comports entirely with the Treaty. On the other hand, a diplomatic note Now, how about the argument that court’s own analysis of the treaty and its transmitted from Japan to the United States because we are now at war, we should history.’’ This indicates that even in the ab- on August 8, 2000, stated that ‘‘recent efforts not do right by the heroes of World sence of a contemporary brief filed by the to seek further compensation in United War II? I do not think so. I do not United States, the court would have reached States courts for actions taken by Japanese think that is the way that we send a the same conclusion. nationals during World War II would be in- good message to those people serving The court also addressed and dismissed consistent with both the letter and the spirit this country. I think it is just the op- several other arguments proffered by the of the Peace Treaty, and would necessarily plaintiffs, including the contentions that the be detrimental to bilateral relations between posite. suits represent a private dispute between our two countries.’’ The fact is, Japan needs to close the parties which arose from activities distin- The Restatement (Third) of the Foreign books on this incident, that these Jap- guishable from those in pursuit of the war ef- Relations Law of the United States notes anese corporations do not want to fort, that the waiver of individual claims in that an ‘‘international agreement is to be in- admit that they used our people as the Peace Treaty was unconstitutional and terpreted in good faith in accordance with slave labor and they tortured people invalid, and that subsequent peace agree- the ordinary meaning to be given to its and committed crimes. I am sorry. ments between Japan and other countries re- terms in their context and in the light of its They did. And it is time, like the Ger- vived the plaintiffs’ claims under Article 26 object and purpose’’ and that the ‘‘President of the Peace Treaty. Article 26 of the Peace has authority to determine the interpreta- mans did, to just recognize it and close Treaty provides that ‘‘should Japan make a tion of an international agreement to be as- the book. . . . war claims settlement with any State serted by the United States in its relations That does not mean that we are not granting that State greater advantages than with other states. . . . Courts in the United going to work with the Japanese any- those provided by the present Treaty, those States have final authority to interpret an more, and they may be angry. But it is same advantages shall be extended to the international agreement for purposes of ap- time for us to stand up for our own peo- parties to the present Treaty.’’ With regard plying it as law in the United States, but ple. If there is any message we need to to that argument, the court held that Arti- will give great weight to an interpretation send in a war, it is that our soldiers cle 26 of the Peace Treaty only conferred made by the Executive Branch.’’ The Re- who fight and die for us or are taken rights on the states parties to the Treaty, statement further observes than the courts and therefore only the United States, and have given ‘‘great weight’’ to the interpreta- prisoner, we are going to watch out for not the plaintiffs, could seek to raise the tion of a treaty by the executive branch, giv- them and they are our number one pri- issue of more favorable terms. Were the ing more deference perhaps to an executive ority afterwards. United States to espouse the interpretation branch interpretation which is contempora- Mr. Speaker, I yield 5 minutes to the of Article 26 sought by the plaintiffs in neous with the negotiation of the treaty gentleman from California (Mr. court, Japan would likely dispute an inter- than to one adopted by the executive branch HONDA), who is actually the coauthor pretation which would permit further claims in a case before the courts, in the interest of of this bill and has been my partner in by individual nationals; under Article 22 of ensuring that the United States speaks with this gallant effort. the Peace Treaty any dispute concerning the one voice in conducting its international re- Mr. HONDA. Mr. Speaker, I thank interpretation and execution of the Treaty lations. In the Japanese Forced Labor Liti- the distinguished gentleman from Cali- must be referred to the International Court gation cases discussed above, the court found of Justice. that the historical and contemporaneous in- fornia for the time. I would like to as- The District Court for the Northern Dis- terpretation of the Peace Treaty expressed sociate myself with his words also. trict of California also dismissed a case in- the same view with regard to the waiver of Mr. Speaker, I rise today to voice my volving Korean and Chinese nationals find- further claims. The Restatement also notes strong support for this motion to in- ing, inter alia, that the California statute that although the Senate’s contemporaneous struct. Before I address the reasons for creating the cause of action is an unconsti- interpretation of a treaty to which it gives my support, I would like to take a mo- tutional infringement on the Federal Gov- consent is binding, later interpretations by ment to thank the gentleman from ernment’s exclusive power over foreign af- the Senate have no special authority. In California for his tireless advocacy on fairs. The court had concluded that the Trea- light of the decisions from the only court to ty could not be read as waiving claims of Ko- behalf of our men and women in our rule on the interpretation of the Treaty and Armed Forces and our veterans. rean and Chinese nationals brought under the Restatement’s description of the prin- California statutes and the federal Alien ciples of foreign relations law for the United We in Congress always talk about our Tort Claims Act since neither China nor States, it seems likely that other courts strong support for the men and women Korea were signatories to the Treaty. It then would arrive at similar conclusions. who currently serve and have served in concluded that the California statute cre- If you need further assistance, please con- our armed services, and I have no ating a cause of action for World War II pris- tact us. doubt in my mind that this support is oners of war against Japanese nationals was Mr. ROHRABACHER. Mr. Speaker, I genuine. The support we show our sol- unconstitutional. It further concluded that yield myself 2 minutes. diers, past and present, is especially forced or slave labor was a violation of the Mr. Speaker, let us be very clear customary international law of human timely in light of the Veterans Day rights and therefore a suit could be brought about what is going on here. The Amer- celebration we would be celebrating under the Alien Tort Claims Act, but for the ican POWs from World War II, the sur- this weekend. The efforts of my col- fact that the applicable statute of limita- vivors of the Bataan Death March were league from California go well beyond tions barred the suit. Finally, the California used as slave labor during the war, and most people’s efforts in this regard. statute of limitations barred any claims after the war, they were told that they On the issue of justice for our pris- under California statutes concerning false did not even have a right to sue these oners of war during World War II, I am imprisonment, forced labor, assault and bat- Japanese corporations that had used proud to be working with my good tery, etc. With regard to the impact the Rohrabacher them as slave labor. friend from California, and I thank him Amendment might have on the Treaty and Let us note that German corpora- for his leadership on this important U.S. relations with Japan, it appears that tions have paid reparations, even Japa- matter. the only U.S. court to have ruled on the rep- nese corporations in Japan have paid Mr. Speaker, the instructions we give arations issue and the interpretation of the reparations, but our own people, our today are straightforward and are

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.036 pfrm02 PsN: H08PT1 H7948 CONGRESSIONAL RECORD — HOUSE November 8, 2001 worth repeating. None of the funds ica’s principal negotiator, John Foster Dul- In 1956, the Dutch did successfully pursue a made available in this act may be used les, sought to eliminate any possibility of claim against Japan on behalf of private citi- by the Department of Justice or the war reparations. This undoubtedly cemented zens. Japan paid $10 million as a way of ‘‘ex- Japan’s alliance with the United States and pressing sympathy and regret.’’ Japan had Department of State to file a motion in helped its economic rebirth. But Dulles’s and been slow about making its deal with the this court opposing the civil action Japan’s strategy also fostered a deliberate Netherlands, and the United States had to against any Japanese person or cor- forgetfulness whose consequences haunt us remind the Japanese that, as a declassified porations for compensation or repara- today. State Department document puts it, the tions in which the plaintiff alleges that Dulles had been a United States counsellor United States had ‘‘exerted considerable as an American prisoner of war during at the Paris Peace Conference in 1919, with pressure on the Netherlands representatives World War II, he or she was used as special responsibility for reparations. He had with a view to their signing the Peace Trea- ty,’’ and ‘‘one of the arrangements was as- slave or forced labor. opposed, without much success, the heavy penalties imposed by the Allies on Germany. surance that the terms of the Yoshida- b 1430 These payments were widely seen as respon- Stikker letters would be honored.’’ A year before the British noted two other On July 18, the House voted by an sible for the later collapse of Germany’s economy and, if obliquely, for the rise of Na- instances in which governments had made overwhelming 395 to 33 margin to in- zism. After World War II, Dulles feared that deals with Japan for reparations: a settle- clude language in the bill that com- heavy reparations burdens would similarly ment with Burma that provided reparations, ports with these instructions, and on cripple Japan, make it vulnerable to Com- services and investments amounting, over 10 September 10, the other body included munist domination and prevent it from re- years, to $250 million; and an agreement with identical language in their version of building. It was crucial to Dulles that Japan Switzerland that provided ‘‘compensation for not face claims arising from its wartime con- maltreatment, personal injury and loss aris- the bill. ing from acts illegal under the rules of war.’’ Clearly, it is the desire of both duct. The San Francisco Treaty has been used to this day, by Japan and America, as a The British Foreign Ministry elected not Houses of Congress to have this lan- to take any action on behalf of British na- shield against any such claims. guage included in the final conference Nonetheless, when he had to, Dulles al- tionals—and chose not to publicize the infor- report. No one can deny that our brave lowed an exception, one that has remained mation. The United States concurred, with veterans who were prisoners of war in largely hidden. The signatories to the San one official commenting, ‘‘Further pressure Japan and forced into slave labor de- Francisco Treaty waived ‘‘all reparations would be likely to cause the maximum of re- claims of the Allied Powers, other claims of sentment for the minimum of advantage.’’ serve to have their day in court. They Nonetheless, the Stikker-Yoshida letters and should not have to fight their own gov- the Allied Powers and their nationals arising out of any actions taken by Japan and its the Burmese and Swiss agreements could all ernment to get a fair hearing. be used to make Japan, under Article 26 of nationals in the course of the prosecution of the San Francisco Treaty, offer similar Some of those who opposed that the War.’’ But recently declassified docu- terms to the treaty’s 47 signatories. amendment are claiming that somehow ments show that Dulles, in negotiating this the peace treaty with Japan will be ab- The price Japan might have paid, in 1951 or clause, also negotiated a way out of it. later, as atonement for its crimes would, pre- rogated should this amendment pass. Dulles had persuaded most of the Allied sumably, have been high. Perhaps Dulles’s powers to accept the treaty. One major na- Well, this is simply not the case. Arti- public policy was best. But it may also be tion that refused to sign was Korea, because cle 26 of the treaty clearly states, and that Japan, and even the United States, are of its enmity against Japan for colonizing I quote, ‘‘Should Japan make a peace paying a different sort of price for the amne- the Korean Peninsula. India, China and the settlement or war claims settlement sia and secrecy that both countries chose Soviet Union also declined to sign. after the war. An American group of former with any state granting the state For a brief while it appeared that the prisoners of war, for example, has pledged to greater advantages than those provided Netherlands would do likewise. Only days be- protest the conferences and commemorative by the present treaty, then those same fore the treaty was to be signed, the Dutch galas. These veterans are pursuing financial government threatened to walk out of the advantages shall be extended to the relief for having been enslaved in wartime by convention because it feared that the treaty parties to the present treaty.’’ Japanese corporations, notably Mitsui and ‘‘expropriated the private claims of its indi- Since other countries such as Den- Mitsubishi. The P.O.W.’s have already lost viduals’’ to pursue war-related compensation mark, Sweden, and Spain subsequently one case in California. The judge, Vaughn from Japanese private interests. Tens of signed peace treaties with Japan that Walker, decided that because of the success thousands of Dutch civilians in the East In- of the San Francisco Peace Treaty and of did not attempt to preclude the rights dies had lost their property to Japanese com- of their citizens to sue, the rights of Japan in becoming a strong ally and partner panies, which had followed Japan’s armies to of the United States, the waiver of individual our own citizens to seek justice are ac- the Indies. They wanted compensation, and rights to pursue to private parties in Japan tually preserved by the terms of the they had political power in Holland. was justified. This has been the argument in European opinion mattered to Dulles, who treaty. the dozens of suits brought in Japan and a feared that a Dutch exodus might lead the Indeed, in cases involving Holocaust smaller number of cases in American courts. United Kingdom, Australia and New Zealand survivors, the State Department has And the argument has so far prevailed. to drop out as well. On the day before and Judge Walker did recognize that Japan’s maintained the U.S. Government does the morning of the signing ceremony, Dulles not even have the authority to con- reparations deals with some countries might orchestrated a confidential exchange of let- present the opportunity for the signatory na- clude treaties that bar losses by U.S. ters between the minister of foreign affairs tions of 1951 to bring their own claims, as citizens against foreign corporations. of the Netherlands, Dirk Stikker, and Prime provided for in Article 26 of the treaty. How- Mr. Speaker, I include for the Minister Shigeru Yoshida of Japan. Yoshida ever, ‘‘the question of enforcing Article 26,’’ RECORD a very insightful piece from pledged that ‘‘the Government of Japan does he wrote, is ‘‘for the United States, not the the New York Times outlining the dip- not consider that the Government of the plaintiffs, to decide.’’ lomatic two-step that took place giv- Netherlands by signing the Treaty has itself The failure to support war claims is one of expropriated the private claims of its nation- ing the impression that certain rights the reasons Japan is still struggling with als so that, as a consequence thereof, after other nations over its history. The Ger- were waived when, in fact, they were the Treaty comes into force these claims mans—at least, West Germans—have en- not. would be non-existent.’’ gaged in five decades of public debate about The material referred to is as follows: Article 26 of the Treaty states that, Hitler and the Holocaust. And Germany and [From the New York Times, Sept. 4, 2001] ‘‘should Japan make a peace settlement or other European countries have accepted the war claims settlement with any State grant- RECOVERING JAPAN’S WARTIME PAST—AND need, for their governments or their corpora- ing that State greater advantages than those OURS tions, to pay reparations for crimes very provided by the present Treaty, those same similar to those committed by Japan and (By Steven C. Clemons) advantages shall be extended to the parties Japanese companies in the same period. WASHINGTON.—Celebrations this Saturday to the present Treaty.’’ This is why the let- The Japanese, however, have not witnessed of the 50th anniversary of the San Francisco ters had to be confidential: they preserved the court cases and public debates that Treaty of Peace, which established the post- the rights of some Allied private citizens, in would help shape a shared understanding of war relationship between Japan and the this case Dutch citizens, to pursue repara- history among Japanese and their neighbors. world, will focus on Japan’s emergence as a tions. Prime Minister Junichiro Koizumi’s visit pacifist market economy under the tutelage Such an agreement, if publicized, could last month to the Yasukuni shrine—which of its conqueror and later ally, the United have opened the way for other claims—rep- honors the souls of Japan’s war dead, includ- States. Little attention will be paid to ques- arations was a huge and emotional issue ing the souls of war criminals—and the re- tions of historical memory or of liability for after the war. These letters were not declas- lentless efforts of some Japanese textbook Japan’s behavior during the war. The 1951 sified until April 2000, by which time most writers to minimize Japan’s wartime aggres- treaty, largely through the efforts of Amer- potential claimants were probably dead. sion against Korea and China have further

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.074 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7949 aggravated regional tension over Japan’s of- died along the way in the most brutal HONDA), he has worked so hard on this ficial history. Because Japan is so ill at ease type of conditions. and I deeply admire him for this, be- with debate about its past, other nations un- The United States has let those men cause he could have taken some per- derstandably distrust a more powerful down. We have told them if they held sonal criticism from people who tried Japan. What we know only today is that the State out in the Bataan Peninsula, that we to make this into a racial issue. Department arranged a deal that arguably would come and rescue them. We could This is not a racial issue. I lived in allows Americans and others to pursue per- not do it during the war because the Japan as a young man myself, and we sonal claims against Japan or Japanese Japanese had attacked Pearl Harbor think nothing but good thoughts and firms—but tried to keep the agreement and we did not have the military goodwill toward the people of Japan. quiet. The State Department even filed strength to do it, so we let them down. Most of the people in Japan, as we briefs in the California court against the Then, after they were incarcerated, know, had nothing to do with this, but former American prisoners of war. Of course, they were sent to work camps and those Japanese corporations that did, it was the State Department that once ad- slave labor camps and concentration vanced the claims of Dutch citizens. they deserve to be held accountable. Japan clearly deserves criticism for its in- camps in Japan and in Manchuria. The patriotism of the gentleman ability to debate its past openly. However, They were worked like slaves where, from California (Mr. HONDA) and his the United States, as evidenced by the again, many of them died under the stepping forward and his courage at a emerging controversy about the terms of the worst possible conditions. time like this are deeply appreciated San Francisco Treaty, has also played a role As the war ended and we put together because it helps define the issue in the in Japan’s historical amnesia. By with- a peace treaty with Japan, we let them way it should be. I thank the gen- holding documents on American foreign pol- down again. In the treaty, we put some icy, the United States has contributed to a tleman very much. provisions that sounded like we were Mr. SERRANO. Mr. Speaker, I yield failure of memory that will continue to have waiving their rights to sue those Japa- consequences for all of us. myself such time as I may consume. nese corporations that had tortured Mr. Speaker, I think the gentleman Mr. Speaker, I think it is critical them and used them as slave labor. But that we address historical injustices should pay close attention to what the there was a provision in the treaty that gentleman from Virginia (Chairman and not sweep them under the rug. said if Japan signs another treaty with Brave men such as Dr. Lester Tenney, WOLF) said. We are not debating, per- another country that grants more haps, the merits of this issue. What we Frank Bigelow, George Cobb, just to rights to those citizens than our citi- name a few, are part of this Nation’s are concerned about is, on an appro- zens have in the treaty we signed, priations bill, at this time that our greatest generation and deserve their those rights automatically become day in court without interference from country finds itself in, trying to rally American citizens’ rights, as well. support throughout the world, to bring our own government. So the Japanese, guess what, have up issues that may only serve to create I am very sensitive to the fact that signed other treaties, and other people difficulties. today more than ever the relationship have been permitted to sue those Japa- The gentleman from California (Mr. between the U.S. and Japan is crucial nese corporations. in the international arena, and the Are we going to let these American HONDA) brought up a subject that was U.S. and Japan have had and currently heroes down again out of consideration on my mind and that, in all honesty, I have strong friendships for these many of some huge Japanese corporations did not want to bring up. I can tell the decades. Nothing we do in this provi- who do not want to apologize or to give Members that, as a Hispanic American, sion will undermine the friendship we them some just compensation? I do not we are living through a time now now have with Japan. But we cannot think so. This body voted overwhelm- where a lot of people in this country have a true and honest relationship ingly for that, on the side with our are taking the opportunity to be nerv- with Japan if we ignore the past. great heroes, overwhelmingly, and the ous about anyone who does not look or On a cautionary note, I would empha- Senate voted for it in a heated debate. act like a ‘‘typical American’’ because size that anyone who would use this ef- All we are saying today is we are de- of what we are going through. So if one fort on behalf of our POWs to further manding that our conferees not take is from a group in this country that an agenda that fosters anti-Asian sen- out this provision behind closed doors. makes some folks nervous, people are timents and racism or Japan-bashing, The gentleman from California (Mr. paying too much attention to that and or otherwise fails to distinguish be- COX) has a measure that suggests that making people’s lives a little uncom- tween Japan’s war criminals and Amer- our government pay $20,000 apiece. At fortable. icans of Japanese ancestry, or Japan’s the very least, if they are not going to I am also concerned, as he was men- current population, for that matter, give the right to sue, they should at tioning it, that some folks would take should be severely admonished. least come up with the $50 million the opportunity of this discussion to Mr. Speaker, I urge all Members to needed to pay our people off by our- begin to point fingers and be nervous support this important motion, and I selves. about other groups. yield back the balance of my time. Mr. Speaker, the bottom line is, our That is our concern. Our concern is Mr. ROHRABACHER. Mr. Speaker, I American POWs deserve truth and jus- not about the merits of the gentle- yield myself 4 minutes. tice. They deserve their day in court. man’s presentation; that, we agree Mr. Speaker, for those reading the They do not deserve just a stipend from with and we understand that is a very CONGRESSIONAL RECORD or those listen- us. We did let them down, but we were serious concern. ing to this debate, let us understand not the ones who tortured them and Mr. Speaker, I yield back the balance exactly what is going on here. worked them as slave laborers. They of my time. Before the Second World War, Amer- deserve their day in court, they deserve Mr. ROHRABACHER. Mr. Speaker, I ica sent thousands of troops to the an honest opinion, they deserve an yield myself such time as I may con- Philippines in order to defend that apology from Japan, and yes, they de- sume. country and to deter war with Japan. serve compensation from those Japa- Mr. Speaker, again, we need to take During the war, of course, Japan at- nese companies that worked them as a look at what this is all about. The tacked and occupied the Philippines slave labor. House and Senate voted overwhelm- and took tens of thousands of Amer- These are our greatest heroes. This is ingly in the House, and yes, with a ican troops into custody, and it was the message to send to our defenders: solid majority in the Senate, to make one of the most brutal incarcerations We will never let you down again; and sure that the survivors of the Bataan and treatment of prisoners in the his- those people who march off to defend Death March, our greatest American tory of humankind. this country, whether it is against heroes, were able to sue those Japanese In fact, it resulted in what was called them, the terrorists, or wherever it is, corporations that worked them as the Bataan Death March, where these they will know that the American peo- slave labor. men, these Americans who had fought ple will not let them down because After the war, there was a provision and been in our uniform, they were just they have not let us down. put in the treaty which prevented them marched for days and days without Mr. Speaker, let me just suggest to from suing these Japanese corporations water and food, and thousands of them the gentleman from California (Mr. until the situation changed, which it

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.041 pfrm02 PsN: H08PT1 H7950 CONGRESSIONAL RECORD — HOUSE November 8, 2001 did when Japan had agreements with Mr. BEREUTER of Nebraska; Committee on Armed Services and other countries that permitted those Mr. TAYLOR of North Carolina; Committee on Energy and Commerce, countries and the citizens from those Mr. HORN of California; with whom we have coordinated on this countries to sue. Mr. GREEN of Wisconsin; bill. So what we have now is a situation Mr. BROWN of South Carolina; This legislation would authorize that even after the status of their case Mr. SPRATT of South Carolina; funds to establish partnership between and their ability to sue had changed, Mr. PRICE of North Carolina; the Department of Veterans’ Affairs, our State Department became the big- Mr. POMEROY of North Dakota; the VA, and the Department of De- gest block to having these heroes from Mr. CLYBURN of South Carolina; and fense, we call DOD, to develop edu- the Bataan Death March exercise their Mr. ALLEN of Maine. cation and training programs on med- right, because our State Department There was no objection. ical responses to the consequences of would intercede in their court cases f terrorist activities. and undermine their right to sue in We are fighting a war on terror on court. SPECIAL ORDERS two fronts, domestically and overseas. What this bill does and why it is nec- The SPEAKER pro tempore. Under Unfortunately, as a Nation, we are not essary to put it on this appropriations the Speaker’s announced policy of Jan- prepared for the new face of terror that bill is, it prevents the State Depart- uary 3, 2001, and under a previous order we have been exposed to in the after- ment from using its resources or its of the House, the following Members math of the September 11 attacks. people to interfere with the rights of will be recognized for 5 minutes each. What has become all too clear is that those American POWs and interfere our health care providers are not with their right to take their case to f armed with the proper tools to diag- court. The SPEAKER pro tempore. Under a nose and treat casualties in the face of That is why it was important for us previous order of the House, the gen- nuclear, biological, and chemical weap- to get it on this bill. This was the vehi- tleman from Ohio (Mr. BROWN) is rec- ons. cle. It was written in a way that was ognized for 5 minutes. The events of September 11 have ruled in order, so the provision was (Mr. BROWN of Ohio addressed the forced the American people to reexam- ruled in order by the Parliamentarian. House. His remarks will appear here- ine many facets as to how we live our This gives us an opportunity to bring after in the Extensions of Remarks.) lives. We have been forced as a Nation justice to these men. They are dying f to become more aware of our sur- every day. Every day there is another The SPEAKER pro tempore. Under a roundings and more vigilant in the de- survivor of the Bataan Death March previous order of the House, the gen- fense of our freedoms. who passes away. All of us have family tleman from Georgia (Mr. COLLINS) is Most recently, we have come under members who were in World War II, recognized for 5 minutes. attack through our own mail systems and we are seeing them pass away, at (Mr. COLLINS addressed the House. by terrorists who have used its effi- great pain to us. We need to make sure His remarks will appear hereafter in ciency to spread the deadly disease of that when they die, they know their the Extensions of Remarks.) anthrax. The difficulty experienced by country has done right by them. government officials and our health That is what this is all about. Every f care community, in responding to this day that we postpone this, another The SPEAKER pro tempore. Under a attack, use infectious diseases rarely number of these men pass into eter- previous order of the House, the gentle- seen by medical personnel that should nity. Let us let them go knowing their woman from Ohio (Ms. KAPTUR) is rec- serve as wake-up call for us all. country backed them up and appre- ognized for 5 minutes. A Washington Post article on Novem- ciated what they did. (Ms. KAPTUR addressed the House. ber 1, 2001 by Susan Okie is a perfect il- Mr. Speaker, I yield back the balance Her remarks will appear hereafter in lustration of the urgency of our med- of my time. the Extensions of Remarks.) ical community’s lack of preparedness The SPEAKER pro tempore (Mr. f to deal with biological, chemical, and OTTER). Without objection, the pre- The SPEAKER pro tempore. Under a nuclear attacks. Ms. Okie reports the vious question is ordered on the motion previous order of the House, the gentle- accounts of two of the heroic physi- to instruct. cians who treated victims of the an- There was no objection. woman from the District of Columbia The SPEAKER pro tempore. The (Ms. NORTON) is recognized for 5 min- thrax attacks: Dr. Susan Matcha, a question is on the motion to instruct utes. Washington, D.C. area physician, and offered by the gentleman from Cali- (Ms. NORTON addressed the House. Dr. Carlos Omenaca, of Miami, Florida. Dr. Matcha was quoted as saying, fornia (Mr. ROHRABACHER). Her remarks will appear hereafter in The question was taken; and the the Extensions of Remarks.) ‘‘We’re really in uncharted territory here. As much as we want to have lit- Speaker pro tempore announced that f the ayes appeared to have it. erature to look at, we really have noth- Mr. ROHRABACHER. Mr. Speaker, b 1445 ing to guide us.’’ According to the arti- on that I demand the yeas and nays. cle, Dr. Omenaca, who encountered a MEDICAL EDUCATION FOR NA- rare form of inhalation anthrax in the The yeas and nays were ordered. TIONAL DEFENSE ACT IN THE The SPEAKER pro tempore. Pursu- case of Ernesto Blanco, found the de- 21ST CENTURY ant to clause 8 of rule XX, further pro- scription of the symptom that Mr. ceedings on this motion will be post- The SPEAKER pro tempore (Mr. Blaco displayed in a 1901 textbook. poned. OTTER). Under a previous order of the Just think, a doctor in the United f House, the gentleman from Indiana States of America, home of the best (Mr. BUYER) is recognized for 5 min- medical system of the world, this doc- APPOINTMENT OF MEMBERS TO utes. tor had to use a medical textbook from BRITISH-AMERICAN INTER- Mr. BUYER. Mr. Speaker, today, I the first half of the last century to ac- PARLIAMENTARY GROUP have introduced the Medical Education quire information that he sought on The SPEAKER pro tempore. Without for National Defense Act in the 21st the diagnosis and prognosis of the an- objection, pursuant to 22 United States Century, H.R. 3254. I would like to thrax. I find that not only unbelievable Code 276l and clause 10 of rule I, the thank the gentleman from New Jersey but unacceptable. Chair announces the Speaker’s ap- (Mr. SMITH), the gentleman from Flor- As disturbed as this makes me, we pointment of the following Members of ida (Mr. BILIRAKIS), the gentleman are not here to try to place blame on the House to the British-American from New York (Mr. MCHUGH), the gen- this predicament to any group or orga- Interparliamentary Group in addition tleman from Arkansas (Mr. SNYDER), nization. The reason why so many of to Mr. PETRI of Wisconsin, chairman, and the gentleman from Florida (Mr. our medical personnel feel uncomfort- and Mr. GALLEGLY of California, vice- STEARNS). These are Members of the able about their ability to respond to chairman, appointed on May 1, 2001: House Committee on Veterans’ Affairs, these situations is because very few of

VerDate 06-NOV-2001 02:16 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.077 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7951 them were taught how to diagnose and nicated to the House by Ms. Wanda that regulations should be rational. give a prognosis for these types of rare Evans, one of his secretaries. When Congress passed the Administra- diseases in medical school. f tive Procedure Act of 1946, it believed In fact, out of all of the medical The SPEAKER pro tempore. Under a that the process of notice, comment, schools in our country, only one, the previous order of the House, the gen- and agency response to the public com- Department of Defense Uniform Serv- tleman from Oregon (Mr. DEFAZIO) is ment would be sufficient conditions to ices University of Health Science, recognized for 5 minutes. ensure rational outcome. After the reg- USUHS, has in its core curriculum a (Mr. DEFAZIO addressed the House. ulatory onslaught in the 1970’s which program to teach its medical students His remarks will appear hereafter in saw the creation of the EPA, and the how to diagnose and treat casualties the Extensions of Remarks.) enactment of many statutes that EPA that have been exposed to chemical, bi- f implements by rule-making, Congress ological, or radiological agents. and the executive branch determined That, Mr. Speaker, is why I have in- ENVIRONMENTAL REGULATIONS that further refinements were nec- troduced legislation to create a part- FOR SMALL BUSINESSES essary. nership between the Department of De- fense and the Department of Veterans’ The SPEAKER pro tempore. Under a Congress imposed new analytical re- Affairs that tasks these two agencies previous order of the House, the gen- quirements to assess the impacts on to develop and disseminate a program tleman from Indiana (Mr. PENCE) is small business and other entities. to both our current medical profes- recognized for 5 minutes. Presidents Reagan, Bush, and Clinton sionals and current medical students in Mr. PENCE. Mr. Speaker, I had two produced executive orders all in dif- the Nation’s medical schools. We al- countervailing experiences today. One ferent ways mandating the analysis of ready have a nexus in place between was to travel to the botanical gardens cost and benefits. And even my own here on the Capitol Mall and meet with our medical universities, where there is predecessor, Congressman David the extraordinary personnel of the En- a VA hospital in close proximity. That McIntosh, led the charge here on Cap- vironmental Protection Agency that nexus is already in place and that is itol Hill to create a rational process what we plan to tap into. are overseeing the decontamination at the Hart Senate Office Building and in whereby the regulatory state would The combination of DOD’s expertise analyze the cost of the regulations in the field of treating casualties re- the offices of the three Members of Congress who have been affected by an- versus the benefit to the environment sulting from an unconventional attack or the health and safety of employees. and the VA’s infrastructure of 171 med- thrax contamination. ical centers, 800 clinics, satellite broad- I witnessed then, as I have witnessed In 1980 Congress enacted the Regu- cast capabilities, and a preexisting af- in days past, extraordinary profes- latory Flexibility Act as well. The RFA filiation with 80 medical schools will sionalism and a deep commitment to represents another tool in the enable the current and future medical creating an environment that is safe decisional calculus designed to develop professionals in this country to become for us and for our staff. The EPA has rational rules. The Reg Flex Act, as it knowledgeable and medically com- earned a special place in my heart in is affectionately known by many in petent in the treatment of casualties the last week. But then I traveled just small business circles, requires Federal that we all hope will never materialize. moments later, Mr. Speaker, across the agencies to consider whether their pro- However, Mr. Speaker, we cannot af- street where I chaired the Sub- posal for final regulations will have a ford to assume that our country will committee on Regulatory Reform and significant economic impact on a sub- never have to experience a massive bio- Oversight where I serve as chairman on stantial number of small businesses. the Committee on Small Business. logical, chemical, or radiological at- Despite this legacy since 1946 of de- tack on the American people. We must, It was there that we took a hard look manding a rational foundation for gov- as elected Members, sent by our con- at the inadequacy of regulatory anal- ernment regulations, Mr. Speaker, stituents to Washington to represent yses that agencies use to support rule- sadly, today at our hearing we heard of their interests, act to ensure that if making. And the special emphasis re- a very very different tale, indeed. What the worst of fears are realized, our grettably, Mr. Speaker, was on one medical professionals will be ready and agency in particular that was singled I heard from one witness after another able to deal with these situations. out by witness after witness for its is that not only the EPA but many Mr. Speaker, I will insert the rest of poor regulatory analyses, and that Federal and administrative agencies the statement in the RECORD. agency was the Environmental Protec- pay very little regard to the difference Mr. Speaker, I cannot impress upon you tion Agency. between the size of businesses when enough the urgency of making sure this pro- The hearing that we convened today they impose paperwork requirements. posal is adopted. Both the American Medical was all about the way that the EPA And their estimates of the cost of com- Association and the American Association of goes about evaluating the cost and ben- pliance are often far afield of the re- Medical Colleges have thrown the full weight efit of regulations on small businesses. ality of many small businesses like the of their support behind this plan. These two Small business owners are very famil- one that I started in my basement or organizations, made up of the doctors who will iar with the burdens that Federal regu- like the one my late father ran be on the front lines of this new war, know lations place on them. Many studies in- throughout his lifetime in Columbus, how vital it is to receive this educational pack- cluding those sponsored by the Office Indiana. age that the Uniformed Services University of of Advocacy of the United States Small Business Administration have shown There is a great Biblical tale of the Health Sciences and the VA are currently de- pharisee, Mr. Speaker, who heaps bur- veloping to disseminate to the Nation’s med- that small businesses face dispropor- tionately higher costs to comply with den upon burden on the traveler but ical community. never lifts a finger to help them carry It is often said that knowledge is power, and Federal regulations, including those that burden. At our hearing today for in this instance nothing could be truer. The issued by the EPA than their larger the Subcommittee on Regulatory Re- knowledge resulting from the implementation business counterparts. Thus, accurate form and Oversight of the Committee of this act is critical. Our medical professionals estimates of costs, if derived from the on Small Business, we heard the need need to be exposed to training methods that experiences of large businesses often, would enable them to save lives, and I can Mr. Speaker, paint a false picture of for the EPA and other elements of the think of no greater power than that. the impact of regulations or the impact administration in the regulatory state Please, join with me and support this impor- of an EPA regulation on a small busi- to cease adding burdens to travelers tant piece of legislation. ness. And if the EPA misjudges the but now to begin to think about the size and scope of those enterprises, to f economic impact, it often produces an irrational rule that wages war on the lift that burden and let us begin an era MESSAGE FROM THE PRESIDENT vitality of small business America. of unburdening American small busi- A message in writing from the Presi- It seems to me, Mr. Speaker, that the ness of Federal and regulatory red dent of the United States was commu- polestar of the rule-making process is tape.

VerDate 06-NOV-2001 02:16 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.083 pfrm02 PsN: H08PT1 H7952 CONGRESSIONAL RECORD — HOUSE November 8, 2001 HATE CRIMES LEGISLATION dren, that hateful behavior is wrong manitarian and diplomatic response The SPEAKER pro tempore. Under a and will not be tolerated. where it shows our compassion and previous order of the House, the gentle- Children must be given guidance to care for those citizens of developing resolve conflicts peacefully, to build woman from California (Ms. WOOLSEY) worlds who have suffered greatly at the is recognized for 5 minutes. bridges across issues of difference. As a hands of autocrats and dictators who Ms. WOOLSEY. Mr. Speaker, the sav- member of the Committee on Edu- would keep them in fear. We must age attacks of September 11 resulted in cation and the Workforce, I worked to exert the same kind of energy and re- the deaths of more than 5,000 innocent pass the Elementary and Secondary sources against poverty, hunger, and victims. To add to this horror, the hor- Education Act, ESEA, reauthorization, autocracy that we are appropriately ror of terrorist strikes, acts of violence which includes funding for education exerting against terrorism. This allows against Muslims and Arab-Americans and training programs, curricula and us to eradicate the scourge of terror of instructional materials to prevent increased dramatically throughout the the threat to American citizens and crimes. We need to build on this edu- United States since September 11. our interests nationally and inter- The Council of American Islamic re- cation step because State governments nationally. lations has received more than 300 re- and local police need vigorous tools to Fighting terror is not just a matter fight and prosecute hate crimes. Sadly, ports of harassment and abuse com- of eliminating military threats, as the existing Federal law is inadequate. mitted against innocent Sikhs, Arabs, President has appropriately said, but is That is why I am a strong supporter also for eliminating the root of the des- Indians, and people of Muslim faith. of the Local Law Enforcement Hate Communities across the Nation are peration as well as the root of the fears Crimes Prevention Act of the year 2001, horrified by these brutal crimes: a and the misconceptions that are born sponsored by the gentleman from threat to a turban-wearing Sikh in out of a life without hope and a child- Michigan (Mr. CONYERS). That act will hood without thoughts of a better to- Connecticut, an attack of a woman on empower existing hate crime legisla- a Maryland college campus, rocks morrow. tion by making it easier for Federal In short, as we fight this campaign thrown through an open bedroom win- law enforcement to investigate and dow in Roanoke, Virginia. against this awful terror that has been prosecute crimes motivated by race, by brought against us, we must strive to Hate crimes are not new to our coun- color, by religion and national origin, try, but these are different. The vic- ensure that our humanitarian response as well as gender, sexual orientation, is not seen as an afterthought or as tims of these hate crimes were chil- and disability. dren. The victim in Connecticut was a secondary to our military and demo- Cosponsored by 199 bipartisan Mem- cratic success, but as an intricate part second grader. The woman was a teen- bers of the House of Representatives, ager attacked by fellow young adults. of our foreign policy. the Local Law Enforcement Hate I urge my colleagues who will soon be And the child who barely missed being Crimes Prevention Act has, unfortu- hit by a rock was only two years old. considering the conference bill of For- nately, been cast aside by the Repub- eign Operations to bear in mind the im- Throughout the country, Muslim and lican leadership. That is absolutely un- other Arab-American children are fear- portance of strengthening our foreign acceptable. There could not be a better assistance humanitarian response to ful of attacks on the street, in their or more needed time to bring this legis- homes, and at their schools in reprisal terror alongside our military cam- lation to the floor and to pass it. It will paign, and to act to increase our com- for the terrorist strikes of September give Federal authorities the jurisdic- 11. mitment to fighting the scourge of ter- tional muscle they need to effectively ror, hunger, and poverty through for- Muslim private schools have canceled prosecute hate crimes. eign assistance which supports eco- classes. Parents are being asked to help Parents and young adults need to be nomic and political opportunities and patrol school yards, and according to examples to our children. We need to the American-Arab Anti-Discrimina- show them how to deal with conflict, encourages political stability, thereby tion Committee, many parents have how to avoid hate crimes, and how strengthening American interests kept their children home from both much we disapprove of hate crimes. internationally. This Foreign Operations budget con- public and private schools. Teaching our children how to resolve tains many tools in the fight against Although hate crimes have been on issues of difference and broadening the terror. We must focus our assistance the decline recently, law enforcement scope of punishable hate crimes will upon the most vulnerable populations officials and leaders in Arab-American ensure America’s future by protecting and Muslim communities are preparing our children. of the world who bear the burden of for more trouble because children are After the attacks of September 11, in- terror and of dictatorship all over their still being attacked by fellow class- nocent children must not be added to countries. mates and schools are still being van- the long list of victims in our Nation. Among other things, the foreign op- dalized. erations budget contains money for f combating the infectious disease that b 1500 HUMANITARIAN AND FOOD AS- has indeed engulfed and has ravaged In the past week, two Malaysian stu- SISTANCE IN RESPONSE TO TER- developing countries across the world, dents at Indiana University were as- RORISM that of AIDS and tuberculosis. It pro- saulted and an Afghan student in New The SPEAKER pro tempore (Mr. vides money for the United Nation’s York was attacked by fellow students. OTTER). Under a previous order of the High Commission on Refugees, again Only last month a threatening note House, the gentlewoman from North an appropriate appropriation. It also found by a Palmdale, California, high Carolina (Mrs. CLAYTON) is recognized funds our commitment for the World school forced five Muslim-American for 5 minutes. Food Program, which, in recent weeks, students to stay home for their own Mrs. CLAYTON. Mr. Speaker, the has been working against terrible odds, safety. events of September 11 have been dev- with millions of people starving in Af- No one in America should live in fear astating to the country. The horrific ghanistan who, too, hate the Taliban because of his or her ethnic back- attacks upon the World Trade Center, just as much as we do. They do not ground or religious affiliation. This is the Pentagon, and the subsequent an- have an opportunity for an average life especially true for children. That is thrax attacks have shaken all of us or making decisions. These resources, why it is clearer than ever before just deeply. indeed, would help us help them to how important it is to pass meaningful It is both appropriate and imperative have a better life. hate crimes legislation. that we respond swiftly and surely to I urge my colleagues today to con- Children and their families are suf- those who have perpetrated these hor- sider the value of these important in- fering as a result of the ignorance, fear rific deeds. We must not allow actions vestments as they consider the re- and hate of others. We need to of terror against American citizens to sources of the Foreign Operations strengthen our existing laws to protect be carried out without a response. budget and to ratchet up, not reduce them against all hate crimes. We must However, alongside our military re- down, the fight against terrorism by send a message, especially to our chil- sponse, we must implement our hu- increasing our financial commitment

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.086 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7953 to a worthy cause that indeed allows us number of steps are required between ty Act of 1966, the Highway Safety Act to show our humanitarian side as well now and then, and it is critical for of 1966, and the Motor Vehicle Informa- as our diplomatic side, which are im- Downey that there be no slips in that tion and Cost Savings Act of 1972. portant complementary tools in our time line. It already has been several GEORGE W. BUSH. fight against terrorism. years since the facility was closed. It is THE WHITE HOUSE, November 8, 2001. f critical that Downey receive the final f parcels so that its economic revitaliza- A LEADER FOR SPACE HONOR THE FALLEN tion plan can move forward and the de- The SPEAKER pro tempore. Under a veloper can begin working to restore The SPEAKER pro tempore. Under previous order of the House, the gen- the city’s economy. the Speaker’s announced policy of Jan- tleman from California (Mr. HORN) is We continue to work with Dan uary 3, 2001, the gentlewoman from recognized for 5 minutes. Goldin, Associate Administrator Sut- Virginia (Mrs. JO ANN DAVIS) is recog- Mr. HORN. Mr. Speaker, today, the ton, and other senior NASA officials in nized for 60 minutes as the designee of House has taken final action on the ap- this important effort. I know they will the majority leader. propriations bill that funds the Na- continue to do all they can to keep the Mrs. JO ANN DAVIS of Virginia. Mr. tional Aeronautics and Space Adminis- schedule on track. Speaker, I have before me a growing tration. This is an appropriate time to I wish Dan Goldin all the best as he list of over 3,000 individuals who per- recognize the extraordinary contribu- leaves NASA for new challenges. I ished on September 11, 2001. This list, tions of NASA Administrator Dr. Dan know that Downey officials look for- provided by the Congressional Re- Goldin, whose energy and vision have ward to inviting Dan to visit the city search Service, includes the names of been essential to continuing our Na- so they can thank him for helping ad- many of the victims of the recent hor- tion’s leadership in space exploration. vance a much-needed economic recov- rific attacks on our great Nation. I As he prepares to leave NASA and re- stand before the House to pay my re- turn to the private sector, we should ery effort. Mr. Speaker, Dan Goldin is the ablest spects to our fallen brothers and sis- recognize Dan Goldin’s superb leader- ters, and I encourage my colleagues to ship during his tenure as head of Amer- leader and executive of any major de- partment in Washington during the join me today, and for as many days as ica’s space agency. it takes, in honoring those individuals My association with Dan Goldin years I have had in Congress. When who lost their lives or are still missing. began not long after I came to the President Clinton cut $5 billion from We have all heard the numbers, the House of Representatives in 1993. I the NASA budget and the space shuttle learned that NASA was considering program, many key people went else- devastation, the pain of the families cutting jobs at the space shuttle manu- where. They gave up. Dan Goldin re- and our Nation’s anguish. What we facturing plant in Downey. We dis- fused to despair. Instead, he provided have not heard in Washington are these cussed NASA’s plans over coffee in the the leadership that was needed to pull names. These individuals all rep- Members Dining Room, and I told him the program together and continue resented a life, a family, an employer, of my concerns about further job losses NASA’s vital missions. a country, a way of life. I hope to in in Southern California, where the econ- As a result, today we have an excel- some small way honor these individ- omy already was devastated. lent space program and a growing part- uals by reading their names aloud for I was impressed from the very begin- nership with Russia. Dan Goldin de- all to hear of America’s and our world’s ning by Dan’s forthrightness, his com- serves our thanks for a job well done tremendous pain and loss. mitment to what he viewed as best for and our best wishes in all of his new These individuals will not be soon the space program, and his willingness endeavors. He has served our Nation forgotten. By reading their names, we to listen to new and different ideas. well. do not bring them back or even ease the pain of families and friends, but Unfortunately, the scale-down of the f shuttle program and the consolidation again we show that this House and our of space-related activities was unavoid- REMOVAL OF NAME OF MEMBER Nation honor our fallen brothers and able. AS COSPONSOR OF H.R. 981 sisters. The manufacturing plant in Downey, Mr. COMBEST. Mr. Speaker, I ask As the wife of a retired professional sadly, has been closed. Those who unanimous consent to have my name firefighter of 30 years, this tragedy hit worked there have retired or have gone removed as a cosponsor of H.R. 981. especially close to home. Hundreds of to other jobs in Southern California. The SPEAKER pro tempore (Mr. firefighters and police officers were These are the workers who developed SHUSTER). Is there objection to the re- killed and injured on September 11, and built the Apollo moon capsules, quest of the gentleman from Texas? 2001, because of their brave attempts to the Sky Laboratory, and all of our There was no objection. save victims of the brutal attacks, and space shuttles. left families, friends, and countrymen Throughout this process, Dan Goldin f grieving the loss of these courageous has been true to his word in working DEPARTMENT OF TRANSPOR- souls. These dedicated professionals with me and the City of Downey to ad- TATION 1999 REPORTS ON AC- are in my thoughts and prayers. dress hardships created by the closure TIVITIES UNDER NATIONAL I, like many of my colleagues, lost and to overcome barriers to an orderly TRAFFIC AND MOTOR VEHICLE constituents in this awful attack. I ask transfer of the NASA property to the SAFETY ACT OF 1966, HIGHWAY for God’s blessing on Virginia’s First City of Downey. He recognized the SAFETY ACT OF 1966, AND District residents Teresa Martin, Mar- city’s need to get on with its economic MOTOR VEHICLE INFORMATION ian Serva, Martha Reszke, Allen Boyle revitalization. He has consistently di- AND COST SAVINGS ACT OF 1972 and Brenda Gibson. Please forgive me rected NASA officials in Washington in advance for any mispronunciations The SPEAKER pro tempore laid be- and Houston to work with Downey to of names. fore the House the following message move forward. Additionally, I ask for God’s bless- from the President of the United In October 1998, a ceremony was held ings on the following: in Downey for the transfer of the first States; which was read and, together parcels of the NASA property to the with the accompanying papers, without b 1515 city. The transfer process had faced objection, referred to the Committee Mrs. JO ANN DAVIS of Virginia. various delays and complications, but on Transportation and Infrastructure Gordon McCannel Aamoth, Maria Rose the ceremony was a great tribute to and the Committee on Energy and Abad, Edelmiro Abad, Andrew Anthony the strong working relationship that Commerce. Abate, Vincent Abate, Laurence Abel, had been developed between NASA and To the Congress of the United States: William Abrahamson, Richard Anthony the city in completing this difficult I transmit herewith the Department Aceto, Heinrich B. Ackermann, Paul transition. of Transportation’s Calendar Year 1999 Andrew Acquaviva, Christian Adams, NASA’s timetable calls for comple- reports on Activities Under the Na- Stephen George Adams, Donald Leroy tion of the process in March 2002. A tional Traffic and Motor Vehicle Safe- Adams, Shannon Lewis Adams, Patrick

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.088 pfrm02 PsN: H08PT1 H7954 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Adams, Ignatius Adanga, Christy A. Matthew Barnes, Evan J. Baron, Renee Breitweiser, Peter Brennan, Thomas M. Addamo, Terence E. Adderley, Jr., So- Barrett-Arjune, Arthur T. Barry, Mau- Brennan, Michael Emmett Brennan, phia Buruwa Addo, Lee Adler, Daniel rice ‘‘Moe’’ Vincent Barry, Diane Edward A. ‘‘Ted’’ Brennan, III, Frank T. Afflitto, Emmanuel Afuakwah, Alok Barry, Scott D. Bart, Carlton W. Brennan. Agarwal, Mukul Agarwala, Joseph Bartels, Inna Basina, Alysia Mr. Speaker, I yield to the gentleman Agnello, David S. Agnes, Joao A.D. Basmajian, Kenneth W. Basnicki, Ste- from Illinois. Aguiar, Jr., Brian G. Ahearn, Joanne ven Bates, Paul James Battaglia, W. Mr. SHIMKUS. Daniel J. Brethel, Ahladiotis, Shabbir Ahmed, Terrance David Bauer, Marlyn Bautista, Ivhan Gary L. Bright, Jonathan Briley, Mark Aiken, Godwin Ajala, Nana Akwasi- Luis Carpio Bautista, Mark Bavis, Jas- A. Brisman, Paul Bristow, Victoria Al- Mienkah, Boutros al-Hashim, Gertrude per Baxter, Lorraine G. Bay, Michelle varez Brito, Marion Britton, Mark ‘‘Trudi’’ M. Alagero, Andrew Alameno, Beale, Todd Beamer, Paul F. Beatini, Francis Broderick, Herman Manuel A. Alarcon, Margaret ‘‘Peggy’’ Jane S. Beatty, Alan Beaven, Larry Broghammer, Keith Broomfield, Ber- Jezycki Alario, Gary Albero, Jon L. Al- Beck, Manette Marie Beckles, Carl nard Curtis Brown, Janice J. Brown, bert, Peter Craig Alderman, Jacquelyn Bedigian, Michael E. Beekman, Marla Patrick Brown, Lloyd Brown, Bettina D. Aldridge, Grace Alegre-Cua, David Asuncion Behr, Max Beilke, Helen Browne-Radburn, Mark Bruce, Richard Dewey Alger, Ernest Alikakos, Edward Belilovsky, Nina Patrice Bell, Stephen Bruehert, Andrew Brunn, Vincent L. Allegretto, Eric Allen, Samantha Belson, Paul Benedetti, Denise Lenore Brunton, Ronald Paul Bucca, Brandon Lightbourn Allen, Richard L. Allen, Benedetto, Eric Bennett, Bryan Craig Buchanan, Greg Joseph Buck, Dennis Joseph Ryan Allen, Richard Allen, Bennett, Judith Bennett, Oliver Ben- Buckley, Nancy Bueche, Patrick Jo- Christopher E. Allingham, Anna Wil- nett, Margaret L. Benson, Dominick J. seph Buhse, John E. Bulaga, Jr., Steve liams Allison, Janet Alonso, Anthony Berardi, James Patrick Berger. Bunin, Christopher Lee Burford, Mat- Alvarado, Antonio Javier Alvarez, Mr. Speaker, I yield to the gen- thew J. Burke, William F. Burke, Jr., Telmo Alvear, Cesar A. Alviar, Tariq tleman. Thomas Daniel Burke, Charles ‘‘Chick’’ Amanullah, Angelo Amaranto, James Mr. SHIMKUS. Steven Howard Burlingame, III, Thomas E. Burnett, M. Amato, and Joseph Amatuccio. Berger, John Bergin, Alvin Bergsohn, Jr., Donald James Burns, Keith James Mr. Speaker, I yield to my colleague, Daniel D. Bergstein, Michael Berkeley, Burns, Kathleen A. Burns, John Pat- the gentleman from Illinois (Mr. Graham Andrew Berkeley, Donna rick Burnside, Irina Buslo, Milton SHIMKUS). Bernaerts-Kearns, William ‘‘Bill’’ Bustillo, Rachel Butler, Thomas But- Mr. SHIMKUS. Paul Ambrose, Chris- Bernstein, David M. Berray, Joseph J. ler, Timothy G. Byrne, Daniel Martin topher C. Amoroso, Craig Amundson, Berry, David S. Berry, William Reed Caballero, Jesus N. Cabezas, Lillian Kazuhiro Anai, Calixto ‘‘Charlie’’ Bethke, Cynthia Betia, Yeneneh Betru, Caceres, Brian Cachia, Steven Cafiero, Anaya, Jr., Jorge Octavio Santos Timothy D. Betterly, Carolyn Beug, Jr., Richard Caggiano, Cecile Caguicla, Anaya, Joe Anchundia, Peter Bob Beurlein, Jr., Edward F. Beyea, John Brett Cahill, Thomas J. Cahill, Anchundia, Jeff John Andersen, Paul Beyer, Anil T. Bharvaney, Bella Scott Walter Cahill, Michael John Kermit Charles Anderson, Yvette C. Bhukan, Jim Biberson, Shimmy D. Cahill, George Cain, Salvatore Calabro, Anderson, John Andreacchio, Michael Biegeleisen, Peter Bielfeld, William Joseph Calandrillo, Philip V. Calcagno, Rourke Andrews, Jean A. Andrucki, Biggart, Ralph Bijoux, Brian Bilcher, Jose Orlando Calderon, Edward Siew Nya Ang, Joseph Angelini, Jr., Mark Bingham, Carl Bini, Gary Bird, Calderon, Kenny Caldwell, Dominick Joseph Angelini, Sr., David Lawrence Joshua David Birnbaum, Geroge John Calia, Bobby Calixte, Felix Calixte, Angell, Lynn Angell, Laura Angilletta, Bishop, Kris Romeo Bishundat, Jeffrey Liam Callahan, Frank Callahan, Su- Doreen J. Angrisani, Lorraine Del Car- D. Bittner, Balewa Albert Blackman, zanne Calley, Gino Calvi, Luigi Calvi, men Antigua, Seima Aoyama, Peter Christopher Blackwell, Carrie Roko Camaj, Michael Cammarata, Paul Apollo, Faustino Apostol, Jr., Blagburn, Susan Blair, Harry Blanding, Geoffrey Thomas Campbell, David Otey Frank Thomas ‘‘F.T.’’ Aquilino, Pat- Jr., Craig Michael Blass, Rita Blau, Campbell, Robert Campbell, Sandra rick Michael Aranyos, David Arce, Mi- Richard M. Blood, Michael Andrew Campbell, Jill Marie Campbell, Juan chael G. Arczynski, Louis Arena, Bar- Boccardi, John Paul Bocchi, Michael L. Ortega Campos, Sean T. Canavan, John bara Arestegui, Adam P. Arias, Mi- Bocchino, Susan M. Bochino, Deora A. Candela, Vincent Cangelosi, Stephen chael Joseph Armstrong, Jack Charles Bodley, Bruce Douglas Boehm, Mary J. Cangialosi, Lisa Cannava, Brian Aron, Joshua Todd Aron, Richard A. Catherine Boffa, Nicholas A. Bogdan, Cannizzaro, Christopher Sean Canton. Aronow, Myra Aronson, Japhet Aryee, Darren C. Bohan, Lawrence F. Mr. Speaker, I yield to the gentle- John Asam, Carl Asaro, Michael Boisseau, Vincent Boland, Jr., Touri woman from Virginia. Asciak, Michael Edward Asher, Janice Bolourchi, Howard J. Bolton, Jr., Alan b 1530 M. Ashley, Thomas J. Ashton, Manuel Bondarenko, Andre Bonheur, Renato O. Asitimbay, Gregg Atlas, Debbie S. Bonifacio, Colin Arthur Bonnett, Mrs. JO ANN DAVIS of Virginia. Mi- Attlas-Bellows, Gerald Atwood, James Yvonne L. Bonomo, Frank Bonomo, chael R. Canty, Louis A. Caporicci, Audiffred, Frank Louis Aversano, Jr., Sean Booker, Kelly Ann Booms. Jonathan Neff Cappello, James Chris- Ezra Aviles, Alona Avraham, Samuel Mr. Speaker, I yield back to the gen- topher Cappers, Richard Caproni, David Ayala, Sandy Ayala, Arlene T. tlewoman. Cardinale, Jose Cardona, Dennis Carey, Babakitis, Eustace ‘‘Rudy’’ Bacchus, Mrs. JO ANN DAVIS of Virginia. Edward Carlino, Michael Carlo, David John Badagliacca, Jane Ellen Baeszler, Canfield D. Boone, Mary Jane ‘‘M.J.’’ G. Carlone, Rosemarie C. Carlson, Robert John Baierwalter, Garnet Booth, Juan Jose Borda Leyva, Sherry Mark Stephen Carney, Joyce ‘‘Ace’’ Bailey, Brett T. Bailey, Andrew Bordeaux, Krystine C. Bordenabe, Mar- Carpeneto, Ivhan Carpio, Alicia J. Bailey, Thomas Baiter. tin Boryczewski, Richard E. Bosco, Acevedo Carranza, Jeremy M. Mr. Speaker, I yield back to my col- Klaus Bothe, Carol Bouchard, J. How- Carrington, Peter J. Carroll, Michael league from Virginia. ard Boulton, Jr., Francisco Bourdier, Carroll, James J. Carson, Jr.; Mrs. JO ANN DAVIS of Virginia. Thomas H. Bowden, Jr., Donna Bowen, Christoffer Carstanjen, Angelene C. Tatyana Bakalinskaya, Anthony Dan- Kimberly S. Bowers, Veronique Nicole Carter, James Cartier, Joel Cartridge, iel Baker, Michael S. Baksh, Julio Bowers, Shawn Edward Bowman, Jr., Sharon Carver, Vivian Casalduc, John Minto Balanca, Sharon Balkcom, Mi- Larry Bowman, Kevin L. Bowser, Gary F. Casazza, Paul Reegan Cascio, Neilie chael Andrew Bane, Kathy Bantis, Ge- Box, Gennady Boyarsky, Michael Anne Heffernan Casey, William rard Baptiste, Guy Bar-Zvi, Walter Boyce, Pamela Boyce, Michael Boyle, Cashman, Margarito Casillas, Thomas Baran, Gerard A. Barbara, Paul V. Allen Boyle, Alfred J. Braca, Sandra Anthony Casoria, William Otto Caspar, Babaro, James W. Barbella, Ivan Conaty Brace, Kevin Bracken, Sandra Alejandro Castano, Arcelia ‘‘Chela’’ Kiryllos Fairbanks Barbosa, Victor W. Bradshaw, David Brian Brady, Alex- Castillo, Leonard Castrianno, Jose Daniel Barbosa, Christine Barbuto, ander Braginsky, Nicholas Raymond Castro, William E. Caswell, Geraldo Barcene, Colleen Ann (Mee- Brandemarti, David Brandhorst, Daniel Richard G. Catarelli, Sean Caton, Rob- han) Barkow, David Michael Barkway, Brandhorst, Michelle Renee Bratton, ert J. Caufield, Mary Teresa Caulfield, Sheila P. Barnes, Melissa Rose Barnes, Patrice Braut, Lydia E. Bravo, Ronald Judson Cavalier, Michael Joseph

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.092 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7955 Cawley, Jason D. Cayne, Juan Christopher S. Cramer, Anne Martino Dillard, Debra Ann DiMartino, David Armando Ceballos, Marcia G. Cicil- Cramer. DiMeglio, Stephen Patrick Dimino, Carter, Jason Cefalu, Thomas J. Celic, Mr. SHIMKUS. Eric Allen Cranford, William J. Dimmling, Marisa DiNardo Ana M. Centeno, John J. Chada, Jef- Denise Crant, Robert Crawford, James Schorpp, Christopher M. Dincuff, Jef- frey M. Chairnoff, Swarna Chalasani, Leslie Crawford, Jr.; Tara Kathleen frey M. Dingle, Anthony DiOnisio, William Chalcoff, Eli Chalouh, Valerie Creamer, Joanne Cregan, Lucia Crifasi, George DiPasquale, Joseph DiPilato, Chambers, Charles ‘‘Chip’’ Chan, Linda John Crisci, Daniel Crisman, Dennis A. Douglas F. DiStefano, Donald Ditullio, Chang, Mandy Chang, Rosa Maria Cross, Helen Crossin-Kittle, Thomas G. Mark Dixon, Ramzi Doany, Johnnie ‘‘Rosemary’’ Chapa, Mark L. Charette, Crotty, Kevin Raymond Crotty, John Doctor, Jr.; John J. Doherty, Melissa David M. Charlebois, Gregorio Manuel R. Crowe, Welles Remy Crowther, Rob- Doi, Robert Edward Dolan, Brendan Chavez. ert Cruikshank, Francisco Cruz, John Dolan, Neil M. Dollard, James Mr. SHIMKUS. Pedro Francisco Robert Cruz, Grace Cua, Kenneth John Domanico, Benilda P. Domingo, Checo, Yuan Chenglian, Stephen Pat- Cubas, Francisco C. Cubero, Thelma Alberto Dominguez, Geronimo ‘‘Je- rick Cherry, Douglas MacMillan Cher- Cuccinello, Richard Joseph Cudina, rome’’ Dominguez, Charles Dominguez, ry, Vernon Paul Cherry, Swede Joseph Neil Cudmore, Thomas P. Cullen, III; Kevin W. Donnelly, William Howard Chevalier, Nestor Chevalier, Alexander Joyce Cummings, Brian Thomas Donovan, Jacqueline Donovan, Stephen H. Chiang, Dorothy J. Chiarchiaro, Cummins, Nilton Albuquerque Fernao S. Dorf, Marcello S. Dos-Santos, Thom- Luis Alfonso Chimbo, Robert Chin, Cunha, Michael ‘‘Mickey’’ J. as Dowd, Kevin Dowdell, Mary Yolanda Wing Wai ‘‘Eddie’’ Ching, Nicholas Cunningham, Robert Curatolo, Lau- Dowling, Ray M. Downey, Frank Jo- Chiofalo, John Chipura, Peter A. rence Curia, Paul Dario Curioli, Pat- seph Doyle, Joseph Doyle, Randy Chirchirillo, Catherine E. Chirls, rick Currivan, Beverly Curry, Michael Drake, Stephen Patrick Driscoll, Pat- Kyung ‘‘Kaccy’’ Cho, Yeon Ho Choi, Curtin, Patricia Cushing, Gavin rick Joseph Driscoll, Janet Driscoll, Mohammad Salahuddin Chowdhury, Cushny, Vincent D’Amadeo, Jack L. Charles Droz, Mirna A. Duarte, Abdul K. Chowdhury, Kirsten L. D’Ambrosi, Mary Yolanda D’Antonio, Michelle Duberry, Rita DuBrow, Luke Christophe, Pamela Chu, Steven P. Edward D’Atri, Michael D’Auria, A. Dudek, Christopher Michael Duffy, Chucknick, Wai Chung, Christopher Manuel J. Da Mota, Caleb Arron Dack, Michael Joseph Duffy, Gerard Duffy, Ciafardini, Alex Ciccone, Frances Ann Carlos S. DaCosta, Jason Dahl, Brian Thomas W. Duffy, Antoinette Dugar. Cilente, Elaine Cillo, Edna Cintron, Paul Dale, John Dallara, Thomas A. Mrs. JO ANN DAVIS of Virginia. Nestor Andre Cintron, Robert Cirri, Damaskinos, Jeannine Damiani-Jones, Sareve Dukat, Allen D. Duncan, Chris- Juan Pablo Cisneros, Sarah Clark, Patrick Danahy, Vincent G. Danz, ten Duncan, Donrad Duncan, Patrick Buddah Clark, Thomas R. Clark, Greg- Dwight Donald Darcy, Elizabeth Ann S. Dunn, Richard Dunstan, Patrick ory A. Clark, Eugene Clark, Benjamin Darling, Mellisa Darmis, Annette An- Dwyer, Joseph Anthony Eacobacci, Keefe Clark, Mannie Leroy Clark, drea Dataram, Scott Matthew David- Bruce Eagleson, Catherine Eagon, Ed- Christopher Robert Clarke, Donna son, Lawrence Davidson, Michael Allen ward Thomas Earhart, Robert Eaton, Clarke, Michael Clarke, Suria R.E. Davidson, Julane Davidson, Niurka Dean P. Eberling, Margaret Clarke, Kevin F. Cleary, Jim Cleere, Davila, Rose Feliciano Davila, Ada Echtermann, Paul Robert Eckna, Gus Nestor Clinton, Geoffrey W. Cloud, Davis. Economos, Barbara G. Edwards, Dennis Susan M. Clyne, Steven Coakley, Jef- Mrs. JO ANN DAVIS of Virginia. M. Edwards, Michael Hardy Edwards, frey Coale, Patricia A. Cody, Daniel Clinton Davis, Wayne T. Davis, Calvin Martin J. Egan, Jr.; Lisa Egan, Michael Coffey, Jason Matthew Coffey, Dawson, Richard Dawson, Edward Samantha Egan, Michael Egan, Chris- Kevin Sanford Cohen, Florence Cohen, James Day, Gloria De Barrera, tine Egan, Carole Eggert, Lisa Caren Anthony Coladonato, Stephen J. Jayceryll M. De Chavez, Emerita De la Weinstein Ehrlich, John Ernst ‘‘Jack’’ Colaio, Mark J. Colaio, Christopher Pena, Azucena de la Torre, Cristina de Eichler, Brian Eill, Eric Adam Colasanti, Kevin N. Colbert, Michel Laura, Oscar de Laura, Frank A. De Eisenberg, Daphne Elder, Michael Paris Colbert, Tarel Coleman, Keith E. Martini, Melanie de Vere, William T. Elferis, Mark Ellis, Valerie Silver Coleman. Dean, Robert J. DeAngelis, Jr.; Thom- Ellis, Albert Alfy William Elmarry, Mrs. JO ANN DAVIS of Virginia. as P. DeAngelis, Dorothy Dearaujo, Robert Randolph Elseth, Edgar H. Scott Thomas Coleman, Liam Colhoun, Tara Debek, James Debeuneure, Anna Emery, Henry Eneman, Doris Suk- Robert D. Colin, Jean M. Colin, Robert DeBin, James Vincent Deblase, Paul Yuen Eng, Christopher S. Epps, Ulf R. Joseph Coll, Thomas J. Collins, John DeCola, Gerald Francis Deconto, Ericson, Erwin L. Erker, William John Collins, Michael Collins, Jeffrey Simon Dedvukaj, Jason DeFazio, David Erwin, Sarah Ali Escarcega, Melaku Collman, Patricia M. Colodner, Linda DeFeo, Nereida DeJesus, Monique E. Eskedar, Fanny M. Espinoza, Francis M. Colon, Sol E. Colon, Ronald Comer, DeJesus, Jennifer DeJesus, Manuel Del Esposito, Michael Esposito, William Jaime Concepcion, Albert Conde, Rob- Valle, Jr.; Donald A. Delapenha, Vito Esposito, Brigette Esposito, Ruben ert Condon, Denease Conley, Susan J. DeLeo, Danielle Delie, Joseph Della Esquilin, Jr., Sadie Ette, Barbara G. Clancy Conlon, Margaret Mary Conner, Pietra, Andrea Dellabela, Palmina Deli Etzold, Robert Evans, Eric Brian John E. Connolly, Jr., Cynthia L. Gatti, Colleen Ann Deloughery, Joseph Evans, Meredith Ewart, Jason Ezker, Connolly, James Lee Connor, Jonathan DeLuca, Anthony Demas, Martin N. John Fabian, Patricia M. Fagan, Cath- ‘‘J.C.’’ Connors, Kevin P. Connors, DeMeo, Francis X. Deming, Carol K. erine K. Fagan, Michael Fahey, Keith Kevin F. Conroy, Brenda E. Conway, Demitz, Thomas F. Dennis, Kevin Den- Fairben, Charles S. Falkenberg, Dana Dennis Michael Cook, Helen Garcia nis, Jean C. DePalma, Jose Nicholas Falkenberg. Cook, Kevin Cook, Jeffrey Coombs, Ju- Depena, Robert Deraney, Michael Mr. SHIMKUS. Zoe Falkenberg, lian Cooper, Zandra Cooper, John Coo- DeRienzo, David Derubbio, Christian D. Jamie Lynn Fallon, William F. Fallon, per, James L. Cooper, Joseph J. Coppo, DeSimone, Edward DeSimone, Andrew Jr.; William L. Fallon, Jr.; Anthony J. Jr.; Gerard J. Coppola, Joseph A. J. Desperito, Michael J. Desposito, Fallone, Jr.; Dolores Fanelli, Robert J. Corbett, John ‘‘Jay’’ Corcoran, Robert Cindy Deuel, Jerry DeVito, Robert P. Fangman, John Joseph ‘‘Jack’’ Fan- Cordice, David Vargas Cordoba, Ruben Devitt, Jr.; Dennis Devlin, Gerard ning, Kit Faragher, Shea Faria, Thom- D. Correa, Daniel A. Correa-Gutierrez, Dewan, Simon Dhanani, Michael as J. Farino, Nancy Carold Farley, Georgine Rose Corrigan, James Diagostino, Nancy Diaz, Lourdes Paige Farley-Hackel, Betty Farmer, Corrigan, Carlos Cortes, Adianes Galleti Diaz, Matthew Diaz. Douglas Farnum, Thomas P. Farreley, Cortes-Oyolla, Kevin M. Cosgrove, Do- Mr. SHIMKUS. Judith Berquis Diaz- Terrence Patrick Farrell, John Wil- lores Marie Costa, Digna A. Costanza, Sierra, Patricia F. Dichiaro, Rodney liam Farrell, John Gerard Farrell, Jo- Charles G. Costello, Michael Costello, Dickens, Jerry D. Dickerson, Joseph seph Farrelly, Syed Abdul Fatha, Asia Cottom, Conrod K.H. Cottoy, Sr.; Dermott Dickey, Jr.; Lawrence Patrick Christopher Faughnan, Wendy Faulk- Martin Coughlan, Timothy John Dickinson, Michael David Diehl, Mi- ner, Shannon Fava, Bernard D. Coughlin, John Coughlin, James Cove, chael Diez-Piedra, III; John DiFato, Favuzza, Robert Fazio, Ronald Carl Frederick John Cox, Andre Cox, James Vincent Francis DiFazio, Carl Fazio, Nikia Feaster, Janet Feathers, Raymond Coyle, Michelle Coyle-Eulau, DiFranco, Donald J. DiFranco, Eddie William M. Feehan, Francis ‘‘Frank’’

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.094 pfrm02 PsN: H08PT1 H7956 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Feely, Garth E. Feeney, Sean Fegan, Luis Morron Garcia, Marlyn Carmen Grehan, Joseph Grezlak, John M. Grif- Lee Fehling, Peter Feidelberg, Alan D. Garcia, Jeffrey B. Gardner, Douglas B. fin, Tawanna Griffin, Joan D. Griffith, Feinberg, Arnold Feinberg, Edwardo Gardner, Thomas A. Gardner, Harvey Warren Grifka, Ramon Grijalvo, Jo- Feliciano, Rosa M. Feliciano, Edward Jose Gardner, Christopher Gardner, seph F. Grillo, David Grimmer, Francis Porter Felt, Diane Fenelli, Chris William Arthur ‘‘Bill’’ Gardner, Grogan, Linda Gronlund, Arthur Gross- Fenyo, Edward T. Fergus, Jr.; James Francesco Garfi, Rocco Gargano, man, Kenneth G. Grozalis, Matthew J. Joe Ferguson, George J. Ferguson, James Michael Gartenberg, Matthew Grzymalski, Robert Joseph Gschaar, Henry Fernandez, Judy H. Fernandez, David Garvey, Bruce H. Gary, Boyd A. Liming Gu, Richard Guadagno, Jose Jose Manuel Contreras Fernandez, Gatton, Donald Gavagan, Peter Allan Guadalupe, Yan Z. ‘‘Cindy’’ Guan, Julio Fernandez Ramirez, Joy Gay, Kamardinoza Gazkharoy, Terence Geoffrey E. Guja, Joseph Gullickson, Fernendez, Elisa Ferraina, Robert Fer- Gazzani. Babita Guman, Douglas B. Radianz ris, Vincent W. Ferrone, David Francis I yield to the gentlewoman. Gurian, Janet H. Gustafson, Philip T. Ferrugio, Louis Fersini, Mike Ferugio, Mrs. JO ANN DAVIS of Virginia. Guza, Sabita Guzman, Barbara Bradley Fetchet, Jennifer Louise Gary Geidel, Paul Hamilton Geier, Guzzardo. Fialko, Kristen Fiedel, Amelia Vir- Julie Geis, Peter Gelinas, Steven Paul I yield to the gentlewoman. ginia Fields, Samuel Fields, Alex Geller, Howard G. Gelling, Jr, Peter Mrs. JO ANN DAVIS of Virginia. Filipov, Michael Bradley Finnegan. Victor Genco, Steven Gregory Geno- Peter Mark Gyulavary, Gary Robert vese, Alayne F. Gentul, Linda George, Haag, Peter Haberland, Andrea Lyn 1545 b Michael George, Edward F. Geraghty, Haberman, Barbara Contarino Habib, Mrs. JO ANN DAVIS of Virginia. Suzanne Geraty, Ralph Gerhardt, Rob- Philip Haentzler, Nizam Hafiz, Karen Timothy J. Finnerty, Michael Firoe, ert J. Gerlich, Denis Germain, Marina Hagerty, Steven Michael Hagis, Mary Steven J. Fiorelli, Paul Fiori, John R. Gertsberg, Susan M. Getzendanner, Lou Hague, David Halderman, Jr, Fiorito, John Fischer, Gerald P. Fish- Lawrence Daniel Getzfred, James Maile Rachel Hale, Diane M. Hale- er, Thomas Joseph Fisher, John Roger ‘‘Jimmy’’ Gerald Geyer, Cortz Ghee, McKinzy, Vaswald Hall, Stanley Hall, Fisher, Bennett Lawson Fisher, James Joseph M. Giaconne, Vincent F. Richard Hall, Robert John Halligan, Fisher, Andrew Fisher, Lucy Fishman, Giammona, Vince Giamonna, Debra L. Vincent Halloran, Carolyn B. Halmon, Michael Joseph Fitzgerald, Ryan Dan- Gibbon, James Giberson, Brenda Gib- James D. Halvorson, Mohammad iel Fitzgerald, Tom Fitzpatrick, Rich- son, Craig Neil Gibson, Ronnie E. Gies, Hamdani, M. Salman Hamdani, Felicia ard Fitzsimons, Sal A. Fiumefreddo, Laura Giglio Marchese, Timothy Paul Hamilton, Robert Hamilton, Carl Max Wilson ‘‘Bud’’ Flagg, Darlene D. Flagg, Gilbert, Andrew Clive Gilbert, Paul Hammond, Frederic Kim Han, Sean Christina Flannery (Donovan), Eileen Stuart Gilbey, Paul J. Gill, Mark Y. Hanley, Christopher Hanley, Valerie Flecha, Andre Fletcher, Carl M. Gilles, Evan Gillette, Ronald Gilligan, Joan Hanna, Thomas Hannafin, Kevin Flickinger, Matthew Michael Flocco, Rodney Gillis, Laura Gilly, John James Hannaford, Michael L. Hannan, John Joseph Florio, Joseph W. Floun- Ginley, Jeffrey Giordano, John J. Gior- Dana Hannon, Christine Hanson, Peter ders, Carol Flyzik, Michael N. Fodor, dano, Donna Marie Giordano, Steven A. Hanson, Sue Kim Hanson, Vassilios G. David Lawrence William Fodor, Steven Giorgetti, Martin Giovinazzo, Jr., Haramis, James A. Haran, Gerald F. Mark Fogel, Thomas Foley, Jane C. Jinny Lady Giraldo, Kum-Kum Hardacre, Jeffrey P. Hardy, Timothy J. Folger, David Fontana, Dennis Foo, Girolamo, Salvatore Gitto, Cynthia Hargrave, Daniel Harlin. Bobby Forbes, Delrose Forbes- Giugliano, Mon Gjonbalaj, Dianne I yield to the gentleman. Cheatam, James Henry Lee Ford, God- Gladstone, Keith Glascoe, Thomas I. Mr. GUTKNECHT. Frances Haros, win Forde, Gregg Foreman, Donald A. Glasser, Edmund Glazer, Harry Glenn, Harvey Harrell, Stephen G. Harrell, Foreman, Christopher Hugh Forsythe, Jeremy Glick, Barry H. Glick, Steven Stewart Dennis Harris, Aisha Harris, Sandra N. Foster, Claudia Alicia Fos- Lawrence Glick, John Gnazzo, William John Hart, Eric Samadikan Hartono, ter, Noel J. Foster, Ana Fosteris, Rob- ‘‘Bill’’ R. Godshalk, Michael John Clinton Hartz, Emeric J. Harvey, ert J. Foti, Yolet Fouchet, Jeffrey L. Gogliormella, Brian Frederic Goldberg, Peter Hashem, Thomas Haskell, Tim- Fox, Virginia Fox, Lucille Virgen Jeffrey Grant Goldflan. othy Haskell, Joseph John Hasson, III, Francis, Pauline Francis, Joan I yield to the gentleman. Terence S. Hatton, Leonard William Francis, Jean-Pierre Francois, Peter Mr. SHIMKUS. Michelle Herman Hatton, Michael Helmut Haub, Tim- Christopher Frank, Gary J. Frank, Goldstein, Steven Goldstein, Monica othy Aaron Haviland, Donald G. Morton Frank, Colleen Fraser, Richard Goldstein, Ron Golinski, Andrew H. Havlish, Jr, Anthony Hawkins, K. Fraser, Kevin Joseph Frawley, Clyde Golkin, Dennis J. Gomes, Manuel Nobuhiro Hayatsu, James E. Hayden, Frazier, Jr., Lillian I. Frederick, An- Gomez, Enrique Antonio Gomez, Jose Philip Thomas Hayes, Robert Hayes, drew Fredericks. Bienvenido Gomez, Wilder Gomez, Max William Ward Haynes, Scott Hazelcorn, I yield to the gentleman. Gomez, Jenine Gonzalez, Rosa Julia Michael K. Healey, Roberta Bernstein Mr. SHIMKUS. Tamitha Freeman, Gonzalez, Ana Irene Medina Gonzalez, Heber, Charles Francis Xavier Heeran, Jamitha Freemen, Brett O. Freiman, Joel Guevara Gonzalez, Tambi Gon- John E. Heffernan, Michele Peter L. Freund, Arlene Fried, Alan zalez, Lynn Goodchild, Calvin J. Heidenberger, Sheila Hein, Howard Jo- Wayne Friedlander, Paul J. Friedman, Gooding, Harry Goody, Kiran Reddy seph Heller, JoAnn L. Heltibridle, Ron- Andrew K. Friedman, regg J. Froehner, Gopu, Catherine Gorayeb, Lisa Fenn ald John Memenway, Mark F. Lisa Frost, Peter C. Fry, Christopher Gordenstein, Kerene Gordon, Sebastian Hemschoot, Ronnie Lee Henderson, Fugarino, Clement Fumando, Steven Gorki, Thomas E. Gorman, Michael Ed- Janet Hendricks, Brian Hennessey, Ted Elliot Furman, Paul James Furmato, ward Gould, Olga Kristin Gould White, Hennessy, Michelle Marie Henrique, Karleton D.B. Fyfe, Fredric Gabler, Douglas A. Gowell, Yuji Goya, Jon William Henry, Joseph Henry, John C. Richard P. Gabriel, Richard S. Grabowski, Christopher Michael Grady, Henwood, Robert Hepburn, Mary Gabrielle, James Andrew Gadiel, Pam- Edwin J. Graff, III, David M. Graifman, ‘‘Molly’’ Herencia, Lindsay Coates ela Gaff, Ervin Gailliard Grace Gilbert Granados, Lauren Grandcolas, Herkness, III, Harvey Hermer, Galante, Deanna Galante, German Elvira Granitto, Winston A. Grant, Ian Norberto Hernandez, Claribel Her- Castillo Galicia, Daniel James Galla- Gray, James M. Gray, Christopher S. nandez, Raul Hernandez, Anabel Her- gher, Anthony Edward Gallagher, John Gray, Linda Mair Grayling, John Mi- nandez, Eduardo Hernandez, Gary Gallagher, Bernardo Gallardo, Lourdes chael Grazioso, Tim Grazioso, Wanda Herold, Jeffrey A. Hersch, Thomas Galletti, Cono E. Gallo, Vincenzo Anita Green, Andrew Peter Charles Hetzel, Brian Hickey, Donald Hickman, Gallucci, Thomas Edward Galvin, Curry Green, Derrick Arthur Green, Jsidro Hidalgo-Tejada, Timothy B. Hig- Giovanna ‘‘Genni’’ Gambale, Thomas Wade Brian Green, Elaine Greenberg, gins, Robert Higley, Todd Russell Hill, Gambino, Jr., Ronald Gamboa, Glann Donald F. Greene, Gayle R. Greene, Neal Hinds, Clara Victorine Hinds. F. Gamboa, Peter Ganci, Claude Mi- James A. Greenleaf, Jr., Eileen Marsha I yield to the gentleman from Illi- chael Gann, Charles Garbarini, Juan Greenstein, Elizabeth ‘‘Lisa’’ Gregg, nois. Garcia, David Garcia, Andrew Garcia, Florence Gregory, Donald H. Gregory, Mr. SHIMKUS. Mark D. Hindy, Mardeny Garcia, Cesar Garcia, Jorge Jack Gregory, Denise Gregory, Pedro Heather Malia Ho, Tara Yvette Hobbs,

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.095 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7957 Thomas A. Hobbs, James L. Hobin, D. Jones, Andrew Jordan, Robert Amarnauth Lachhman, Andrew Robert Wayne Hobson, III, DaJuan Thomas Jordan, Karl Joseph, Stephen LaCorte, Ganesh Ladkat, James Pat- Hodges, Ronald G. Hoerner, Patrick Al- Joseph. rick Ladley, Joseph Lafalce, Jeanette oysius Hoey, John Hofer, Stephen G. Mr. Speaker, I yield to the gentle- LaFond-Menichino, David LaForge, Hoffman, Frederick J. Hoffman, woman from Virginia. Michael Patrick LaForte, Alan Michele Lee Hoffman, Joseph Hoffman, Mrs. JO ANN DAVIS of Virginia. Lafranco, Juan Lafuente, Neil K. Lai, Marcia Hoffman, John Hoffman, Judith Robert Joseph, Ingeborg Joseph, Jane Vincent A. Laieta, William David Florence Hofmiller, Wallace Cole Eileen Josiah, Anthony Jovic, Angel Lake, Franco Lalama, Chow Kwan Hogan, Thomas Warren Hohlweck, Jr., Juarbe Jr., Karen Susan Juday, Mychal Lam, Michael Scott Lamana, Steven Jonathan R. Hohmann, Cora Holland, Judge, Ann Judge, Paul William LaMantia, Amy Lamonsoff, Robert T. Joseph Francis Holland, John Holland, Jurgens, Thomas Edwards Jurgens, Lane, Brendan Lane, Rosanne P. Lane, Jimmie Ira Holley. Roya Kafaie, Wally Kaldens, Shari Vanessa Langer, Mary Lou Langley, Kandell, Vincent Kane, Jennifer Lynn b 1600 Peter Langone, Thomas Langone, Kane, Howard Lee Kane, Joon Koo Michelle Lanza, Ruth S. Lapin, Carol Elizabeth Holmes, Thomas P. Kang, Sheldon R. Kanter, Robin LaPlant, Carol Ann LaPlante, Ingeborg Holohan, Herbert W. Homer, LeRoy Kaplan, Deborah H. Kaplan, Alvin Astrid Desiree Lariby, Robert Blair Homer, Bradley Hoorn, James Hopper, Peter Kappelman, Jr., Charles Larkey, Judy Larocque, Christopher Montgomery McCullough ‘‘Monte’’ Karczewski, William ‘‘Tony’’ A. Randall Larrabee, Hamidou S. Larry, Hord, Michael Horn, Matthew D. Horn- Karnes, Douglas G. Karpiloff, Charles Scott Larsen, Jude Larson, Natalie ing, Robert L. Horohoe, Jr., Michael R. L. Kasper, Andrew Keith Kates, John Larson, John Adam Larson, N. Janis Horrocks, Aaron Horwitz, Malverse Katsimatides, Robert M. Kaulfers, Don Lasden, Gary E. Lasko, Nicholas C. Houscal, Uhuru Houston, Charles J. J. Kauth, Jr., Hideya Kawauchi, Anei Lassman, Paul Laszczynski, Amarnath Houston, Angela Houtz, George Gerald Kazuhiro, Edward Thomas Keane, Latchman, Jeffrey Latouche, Charles Howard, Brady K. Howell, Michael C. Richard M. Keane, Lisa Kearney-Grif- Laurencia, Stephen James Lauria, Howell, Steven L. Howell, Jennifer fin, Karol Ann Keasler, Paul H. Maria LaVache, Dennis F. Lavelle, Howley-Dorsey, Milagros ‘‘Millie’’ Keating, Barbara Keating, Leo Russell Jeannine Laverde, Anna A. Laverty, Hromada, Marian Hrycak, Stephen Keene, III, Brenda Kegler, Chandler Robert A. Lawrence, Nathaniel Huczko, Sandi Hudson, Kris R. Hughes, Keller, Joseph J. Keller, Peter Rodney Lawson, David W. Laychak, Eugene Melissa Harrington Hughes, Paul Kellerman, Joseph P. Kellett, Fred- Lazar, James Leahy, Joseph Gerard Hughes, Timothy Robert Hughes, erick H. Kelley, Timothy C. Kelly, Leavey, Neil Leavy, Robert LeBlanc, Thomas F. Hughes, Jr., Robert Hughes, Thomas W. Kelly, Richard John Kelly, Leon Lebor, Kenneth Charles Ledee, Susan Huie, Fang Huixin, Lamar Jr., William Hill Kelly, Jr., James Jo- Alan J. Lederman. Hulse, Mychal Hulse, Nicholas Humber, seph ‘‘Kells’’ Kelly, Thomas Michael Mr. Speaker, today we have com- William C. Hunt, Kathleen ‘‘Casey’’ Kelly, Thomas R. Kelly, Joseph An- pleted only a partial list of those who Anne Hunt, Joseph Hunter. thony Kelly, Maurice Patrick Kelly, perished or are missing from the trag- Mr. Speaker, I yield to the gentleman Thomas J. Kennedy, Yvonne Kennedy, edy on September 11, but we will con- from Minnesota (Mr. GUTKNECHT). Robert C. Kennedy, John Keohane, tinue the reading of these names for Mr. GUTKNECHT. Bonnie Hunter, Ralph Kershaw, Ronald Kerwin, How- the CONGRESSIONAL RECORD each day Peggy Hurt, Robert Hussa, Stephen ard L. Kestenbaum, Douglas D. until we are finished, and it may take Neil Hyland, Mark Hylton, Robert J. Ketcham, Ruth E. Ketler, Ren Keyoug. us into next year. I thank my col- Hymel, Walter G. Hynes, Thomas Mr. Speaker, I yield to the gentleman leagues from Illinois and Minnesota for Hynes, John Hynes, Joseph Ianelli Jr., from Minnesota. helping me in this undertaking. Zuhtu Ibis, Jonathan Lee Ielpi, Mi- Mr. GUTKNECHT. Boris Khalif, f chael Patrick Iken, Daniel Ilkanayev, Taimour Firaz Khan, Norma Khan, Frederick Ill Jr., Abraham Nethanel Sarah Khan, Rajesh Khandelwal, Devi LEAVE OF ABSENCE Ilowitz, Anthony P. Infante, Jr., Louis Khemraj Bhowanie, Seilai Khoo, Mi- By unanimous consent, leave of ab- Steven Inghilterra, Christopher N. chael Kiefer, Satoshi Kikuchihara, Don sence was granted to: Ingrassia, Paul William Innella, Steph- Kim, Andrew Jay-Hoon Kim, Lawrence Mr. OSE (at the request of Mr. anie Irby, Doug Irgang, Kristin A. Kim, Mary Jo Kimelman, Heinrich ARMEY) for today on account of attend- Irvine-Ryan, Todd Isaac, Erik Hans Kimmig, Karen A. Kincaid, Robert ing a funeral. Isbrandtsen, William Iselepis, Taizo King, Jr., Amy R. King, Lucille King, f Ishikawa, Waleed Iskandar, Aram Andrew Marshall King, Michele King, Iskenderian, John F. Iskyan, Kazushige Lisa M. King-Johnson, Brian Kinney, SPECIAL ORDERS GRANTED Ito, Aleksander Ivantsov, Lacey B. Takashi Kinoshita, Chris Michael By unanimous consent, permission to Ivory, Virginia M. Jablonski, Bryan Kirby, Barry Kirschbaum, Glenn Davis address the House, following the legis- Creed Jack, Brooke Alexandra Jack- Kirwin, Richard Klares, Peter A. Klein, lative program and any special orders man, Aaron Jacobs, Jason Kyle Jacobs, Julie Klein, Alan David Kleinberg, heretofore entered, was granted to: Michael Grady Jacobs, Ariel Jacobs, Karen Joyce Klitzman, Robert Phillip (The following Members (at the re- Steven A. Jacobson, Steven D. ‘‘Jake’’ Kloepfer, Eugeuni Kniazev, Thomas quest of Ms. WOOLSEY) to revise and ex- Jacoby, Ricknauth Jaggernauth, Jake Patrick Knox, Andrew Knox, Rebecca tend their remarks and include extra- Jagoda, Yudh V.S. Jain, Maria Kobone, Deborah Kobus, Gary neous material:) Jakubiak, Robert Adrien Jalbert, Peter Koecheler, Frank J. Koestner, Ryan Mr. BROWN of Ohio, for 5 minutes, Jalinas, Gricelda E. James, Ernest Kohart, Vanessa Lynn Kolpak, Irina today. James, Mark Jardin, Amy N. Jarret, Kolpakova, Suzanne Kondratenko, Ms. KAPTUR, for 5 minutes, today. Mohammed Jawara, Maxima Jean- Abdoulaye Kone, Bon-seok Koo, Dorota Ms. NORTON, for 5 minutes, today. Pierre, Paul E. Jeffers, John Charles Kopiczko, Scott Kopytko, Bojan Mr. DEFAZIO, for 5 minutes, today. Jenkins, Allen K. Jensen, Prem Nath Kostic, Danielle Kousoulis, David Ms. WOOLSEY, for 5 minutes, today. Jerath, Farah Jeudy, Hweidar Jian, Kovalcin, John J. Kren, William Mrs. CLAYTON, for 5 minutes, today. Yuan Jianhua, Luis Jiminez, Eliezer Krukowski, Lyudmila Ksido, Toshiya (The following Members (at the re- Jiminez, Jr., Charles Gregory John, Kuge, Shekhar Kumar, Kenneth quest of Mr. BUYER) to revise and ex- Nicholas John, Nick John, Scott Mi- Kumpel, Frederick Kuo, Jr., Patricia tend their remarks and include extra- chael Johnson, Dennis M. Johnson, Kuras, Nauka Kushitani, Thomas neous material:) LaShawna Johnson, William Johnston, Kuveikis, Victor Kwaku, Victor Mr. HORN, for 5 minutes, today. Charles E. Jones, Judith Jones, Mary Kwarkye, Kui Fai Kwok. Mr. BUYER, for 5 minutes, today. S. Jones, Donald W. Jones, Linda Mr. Speaker, I yield to the gentle- Mr. COLLINS, for 5 minutes, November Jones, Arthur J. Jones, III, Allison woman from Virginia. 13. Horstmann Jones, Donald Thomas Mrs. JO ANN DAVIS of Virginia. An- Mr. DEAL of Georgia, for 5 minutes, Jones, II, Brian L. Jones, Christopher gela R. Kyte, Kathryn L. LaBorie, November 13.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.097 pfrm02 PsN: H08PT1 H7958 CONGRESSIONAL RECORD — HOUSE November 8, 2001 Mr. PENCE, for 5 minutes, today. cy’s final rule—Approval and Promulgation and a design prospectus, pursuant to 40 of Implementation Plans: Alabama: Attain- U.S.C. 606(a); to the Committee on Transpor- f ment Demonstration of the Birmingham 1- tation and Infrastructure. ADJOURNMENT hour Ozone Nonattainment Area [AL–056– 4558. A letter from the Chief, Regulations Mr. SHIMKUS. Mr. Speaker, I move 200204; FRL–7098–7] received November 6, Branch, U.S. Customs Service, Department 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the Treasury, transmitting the Depart- that the House do now adjourn. Committee on Energy and Commerce. ment’s final rule—Customs Preclearance in The motion was agreed to; accord- 4548. A letter from the Principal Deputy Foreign Countries [T.D. 01–81] received No- ingly (at 4 o’clock and 14 minutes Associate Administrator, Environmental vember 6, 2001, pursuant to 5 U.S.C. p.m.), under its previous order, the Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Ways and House adjourned until tomorrow, Fri- cy’s final rule—Approval and Promulgation Means. day, November 9, 2001, at 10 a.m. of Air Quality Implementation Plans; Mary- 4559. A letter from the Regulations Coordi- land; Control of Volatile Organic Compound nator, Centers for Medicare & Medicaid Serv- f Emissions from Distilled Spirits Facilities, ices, Department of Health and Human Serv- EXECUTIVE COMMUNICATIONS, Aerospace Coating Operations and Kraft ices, transmitting the Department’s ‘‘Major’’ ETC. Pulp Mills [MD124–3084; FRL–7085–1] received final rule—Medicare Program; Announce- November 6, 2001, pursuant to 5 U.S.C. ment of the Calendar Year 2002 Conversion Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Energy and Factor for the Hospital Outpatient Prospec- communications were taken from the Commerce. tive Payment System and a Pro Rata Reduc- Speaker’s table and referred as follows: 4549. A letter from the Principal Deputy tion on Transitional Pass-Through Pay- 4540. A letter from the Principal Deputy Associate Administrator, Environmental ments [CMS–1159–F1] (RIN: 0938–AK54) re- Associate Administrator, Environmental Protection Agency, transmitting the Agen- ceived November 8, 2001, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- cy’s final rule—Approval and Promulgation 801(a)(1)(A); jointly to the Committees on cy’s final rule—Imidacloprid; Pesticide Tol- of Air Quality State Implementation Plans Energy and Commerce and Ways and Means. (SIP); Alabama: Control of Gasoline Sulfur erances for Emergency Exemptions [OPP– f 301187; FRL–6806–9] (RIN: 2070–AB78) received and Volatility [AL–056–2–200205; FRL–7098–6] October 31, 2001, pursuant to 5 U.S.C. received November 6, 2001, pursuant to 5 REPORTS OF COMMITTEES ON 801(a)(1)(A); to the Committee on Agri- U.S.C. 801(a)(1)(A); to the Committee on En- PUBLIC BILLS AND RESOLUTIONS culture. ergy and Commerce. 4550. A letter from the Principal Deputy Under clause 2 of rule XIII, reports of 4541. A letter from the Principal Deputy Associate Administrator, Environmental committees were delivered to the Clerk Associate Administrator, Environmental Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- for printing and reference to the proper cy’s final rule—Approval and Promulgation cy’s final rule—Methoxyfenozide; Pesticide calendar, as follows: of Air Quality Implementation Plans; Mary- Tolerances for Emergency Exemptions Mr. HANSEN: Committee on Resources. land; RACT for the Control of VOC Emis- [OPP–301185; FRL–6806–4] (RIN: 2070–AB78) re- H.R. 2062. A bill to extend the effective pe- sions from Iron and Steel Production Instal- ceived October 31, 2001, pursuant to 5 U.S.C. riod of the consent of Congress to the inter- lations [MD117–3081; FRL–7083–7] received 801(a)(1)(A); to the Committee on Agri- state compact relating to the restoration of November 6, 2001, pursuant to 5 U.S.C. culture. Atlantic salmon to the Connecticut River 801(a)(1)(A); to the Committee on Energy and 4542. A letter from the Principal Deputy Basin and creating the Connecticut River Commerce. Associate Administrator, Environmental Atlantic Salmon Commission, and for other 4551. A letter from the Principal Deputy Protection Agency, transmitting the Agen- purposes; with an amendment (Rept. 107–274 Associate Administrator, Environmental cy’s final rule—Chlorothalonil; Pesticide Pt. 1). Ordered to be printed. Protection Agency, transmitting the Agen- Tolerances for Emergency Exemptions cy’s final rule—Approval and Promulgation f [OPP–301188; FRL–6807–1] (RIN: 2070–AB78) re- of Air Quality Implementation Plans; Illi- ceived October 31, 2001, pursuant to 5 U.S.C. TIME LIMITATION OF REFERRED nois; Oxides of Nitrogen Regulations [IL203– 801(a)(1)(A); to the Committee on Agri- 3; FRL–7077–8] received November 6, 2001, BILL culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Pursuant to clause 2 of rule XII the 4543. A letter from the Principal Deputy mittee on Energy and Commerce. Associate Administrator, Environmental following action was taken by the 4552. A letter from the Principal Deputy Speaker: Protection Agency, transmitting the Agen- Associate Administrator, Environmental cy’s final rule—Revisions to the Require- Protection Agency, transmitting the Agen- H.R. 2062. Referral to the Committee on ments on Variability in the Composition of cy’s final rule—Approval and Promulgation the Judiciary extended for a period ending Additives Certified Under the Gasoline De- of Implementation Plans; Illinois; Ozone not later than November 16, 2001. posit Control Program; Direct Final Rule [IL200–2; FRL–7088–8] received October 31, f [AMS-FRL–7096–5] (RIN: 2060–AJ69) received 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the October 31, 2001, pursuant to 5 U.S.C. Committee on Energy and Commerce. PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Energy and 4553. A letter from the Director of Legisla- Under clause 2 of rule XII, public Commerce. tive Affairs, Railroad Retirement Board, 4544. A letter from the Principal Deputy bills and resolutions were introduced transmitting the Board’s annual report on and severally referred, as follows: Associate Administrator, Environmental the Program Fraud Civil Remedies Act for Protection Agency, transmitting the Agen- fiscal year 2001, pursuant to 31 U.S.C. 3810; to By Mr. RILEY (for himself, Mr. BACH- cy’s final rule—Hawaii: Final Authorization the Committee on Government Reform. US, Mr. CALLAHAN, Mr. EVERETT, Mr. of State Hazardous Waste Management Pro- 4554. A letter from the Director, Policy Di- ADERHOLT, Mr. CRAMER, and Mr. gram [FRL–7097–1] received October 31, 2001, rectives and Instructions Branch, INS, De- HILLIARD): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Justice, transmitting the De- H.R. 3252. A bill to amend the Education of mittee on Energy and Commerce. partment’s final rule—Milk in the Southeast the Deaf Act of 1986 to authorize the Sec- 4545. A letter from the Principal Deputy Marketing Area—received November 1, 2001, retary of Education to establish the National Associate Administrator, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Junior College for Deaf and Blind at the Ala- Protection Agency, transmitting the Agen- mittee on the Judiciary. bama Institute for Deaf and Blind; to the cy’s final rule—Protection of Stratospheric 4555. A letter from the Deputy Secretary, Committee on Education and the Workforce. Ozone: Reconsideration of the 610 Non- Securities and Exchange Commission, trans- By Mr. SMITH of New Jersey (for him- essential Products Ban [FRL–7101–1] (RIN: mitting the Commission’s final rule—Debt self, Mr. EVANS, Mr. BILIRAKIS, Mr. 2060–AH99) received November 6, 2001, pursu- Collection—Amendments to Collection Rules RODRIGUEZ, Mr. BUYER, and Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee and Adoption of Wage Garnishment Rules STEARNS): on Energy and Commerce. [Release No. 34–44965] (RIN: 3235–AI34) re- H.R. 3253. A bill to amend title 38, United 4546. A letter from the Principal Deputy ceived November 5, 2001, pursuant to 5 U.S.C. States Code, to provide for the establishment Associate Administrator, Environmental 801(a)(1)(A); to the Committee on the Judici- of emergency medical preparedness centers Protection Agency, transmitting the Agen- ary. in the Department of Veterans Affairs; to cy’s final rule—Approval and Promulgation 4556. A letter from the Deputy Adminis- the Committee on Veterans’ Affairs. of Implementation Plans; Illinois NOx Regu- trator, General Services Administration, By Mr. BUYER (for himself, Mr. SMITH lations [IL208–2, IL209–2; FRL–7077–9] re- transmitting a copy of a Building Project of New Jersey, Mr. BILIRAKIS, Mr. ceived November 6, 2001, pursuant to 5 U.S.C. Survey for Colorado Springs, CO, pursuant to STEARNS, Mr. SNYDER, and Mr. 801(a)(1)(A); to the Committee on Energy and 40 U.S.C. 610(b); to the Committee on Trans- MCHUGH): Commerce. portation and Infrastructure. H.R. 3254. A bill to amend title 38, United 4547. A letter from the Principal Deputy 4557. A letter from the Administrator, Gen- States Code, to provide for a partnership be- Associate Administrator, Environmental eral Services Administration, transmitting tween the Department of Veterans Affairs Protection Agency, transmitting the Agen- informational copies of a lease prospectus and the Department of Defense to develop

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.101 pfrm02 PsN: H08PT1 November 8, 2001 CONGRESSIONAL RECORD — HOUSE H7959 and disseminate education and training pro- By Mr. BLUMENAUER: other purposes; to the Committee on the Ju- grams on the medical responses to the con- H.R. 3257. A bill to amend the Act of Sep- diciary. sequences of terrorist activities; to the Com- tember 30, 1961, to limit the antitrust exemp- By Mr. STARK (for himself, Mr. GEP- mittee on Veterans’ Affairs, and in addition tion applicable to broadcasting agreements HARDT, Mr. RANGEL, Mr. DINGELL, Mr. to the Committee on Armed Services, for a made by leagues of professional sports, and BROWN of Ohio, Mr. WAXMAN, Mr. period to be subsequently determined by the for other purposes; to the Committee on the KLECZKA, Mrs. THURMAN, Mr. CARDIN, Speaker, in each case for consideration of Judiciary. and Mr. TIERNEY): such provisions as fall within the jurisdic- By Mrs. CUBIN: H.R. 3267. A bill to amend part C of title tion of the committee concerned. H.R. 3258. A bill to amend the Federal XVIII of the Social Security Act to provide By Mr. MENENDEZ (for himself, Mr. Lands Policy and Management Act of 1976 to for continuous open enrollment and GEPHARDT, Mr. DINGELL, Mr. BISHOP, clarify the method by which the Secretary of disenrollment in MedicareChoice plans, and Mr. BORSKI, Ms. HARMAN, Mr. the Interior and the Secretary of Agriculture for other purposes; to the Committee on PASCRELL, Mr. SCOTT, Mr. SKELTON, determine the fair market value of rights-of- Ways and Means, and in addition to the Com- Mr. COSTELLO, Mr. HONDA, Ms. JACK- way granted, issued, or renewed under such mittee on Energy and Commerce, for a pe- SON-LEE of Texas, Ms. ROYBAL-AL- Act to prevent unreasonable increases in cer- riod to be subsequently determined by the LARD, Mrs. TAUSCHER, Mr. TURNER, tain costs in connection with the deploy- Speaker, in each case for consideration of Ms. PELOSI, Mr. FROST, Mrs. LOWEY, ment of communications and other critical such provisions as fall within the jurisdic- Ms. DELAURO, Mr. ACEVEDO-VILA, Mr. infrastructure; to the Committee on Re- tion of the committee concerned. ALLEN, Mr. BACA, Mr. BAIRD, Mr. sources. By Mr. TAUZIN: BENTSEN, Ms. BERKLEY, Mr. By Mr. MCINNIS (for himself and Mr. H.R. 3268. A bill to amend the Communica- BLUMENAUER, Mrs. CAPPS, Mr. HAYWORTH): tions Act of 1934 to strengthen the limita- CARDIN, Mr. CARSON of Oklahoma, H.R. 3259. A bill to amend the Endangered tions on the holding of any license, permit, Mrs. CHRISTENSEN, Mr. CONYERS, Mr. Species Act of 1973 to authorize Federal operating authority by a foreign government CROWLEY, Mr. DAVIS of Illinois, Mr. agencies to promptly respond to emergencies or any entity controlled by a foreign govern- DAVIS of Florida, Mr. DEFAZIO, Mr. involving the health and safety of persons, in ment; to the Committee on Energy and Com- DELAHUNT, Mr. DEUTSCH, Mr. DOYLE, the same manner as such authority is avail- merce. Mr. EDWARDS, Mr. ENGEL, Ms. ESHOO, able under the Wilderness Act; to the Com- By Ms. WATSON: Mr. ETHERIDGE, Mr. FARR of Cali- mittee on Resources. H.R. 3269. A bill to provide for the develop- fornia, Mr. FILNER, Mr. GONZALEZ, By Mr. MORAN of Kansas: ment of State medical disaster response Mr. GORDON, Mr. GREEN of Texas, Mr. H.R. 3260. A bill to amend the Plant Pro- plans regarding terrorist attacks that use bi- HINOJOSA, Mr. HOEFFEL, Mr. HOLT, tection Act to authorize the Secretary of Ag- ological or chemical weapons; to the Com- Mr. HOLDEN, Mr. ISRAEL, Mr. JOHN, riculture to carry out a cost-share program mittee on Energy and Commerce. Ms. EDDIE BERNICE JOHNSON of Texas, with the States for the control of noxious By Mr. WICKER: Ms. KAPTUR, Mr. KILDEE, Mr. KIND, weeds; to the Committee on Agriculture. H.R. 3270. A bill to amend title XVIII of the Mr. LANGEVIN, Mr. LANTOS, Mr. By Mr. MORAN of Virginia: Social Security Act to remove the 20 percent LARSEN of Washington, Mr. LARSON H.R. 3261. A bill to amend the Internal Rev- inpatient limitation under the Medicare Pro- of Connecticut, Ms. LEE, Mr. LUTHER, enue Code of 1986 to expand the offset gram on the proportion of hospice care that Mrs. MALONEY of New York, Mr. against overpayments to include all State certain rural hospice programs may provide; MALONEY of Connecticut, Mr. GEORGE and local taxes owed by any person, whether to the Committee on Ways and Means, and in MILLER of California, Mrs. MCCARTHY or not a resident of the State seeking the off- addition to the Committee on Energy and of New York, Ms. MCCARTHY of Mis- set, and for other purposes; to the Com- Commerce, for a period to be subsequently souri, Ms. MCCOLLUM, Ms. SLAUGH- mittee on Ways and Means. determined by the Speaker, in each case for TER, Mr. MCINTYRE, Mr. MEEKS of By Mr. OBERSTAR (for himself and consideration of such provisions as fall with- New York, Mr. MOORE, Mr. OBER- Mr. YOUNG of Alaska): in the jurisdiction of the committee con- STAR, Mr. OLVER, Mr. ORTIZ, Mr. H.R. 3262. A bill to revitalize the inter- cerned. OWENS, Mr. PALLONE, Mr. PHELPS, national competitiveness of the United By Mr. WU (for himself, Ms. CARSON of Mr. POMEROY, Mr. PRICE of North States-flag maritime industry through inter- Indiana, Mr. SHOWS, Mrs. TAUSCHER, Carolina, Mr. REYES, Ms. RIVERS, Mr. national tax parity, and for other purposes; Ms. LEE, Mr. SANDERS, Mr. EVANS, RODRIGUEZ, Mr. ROSS, Mr. ROTHMAN, to the Committee on Ways and Means, and in Mr. MCGOVERN, Mr. BRADY of Penn- Mr. SANDLIN, Mr. SAWYER, Ms. addition to the Committee on Transpor- sylvania, Mr. HONDA, Ms. ROYBAL-AL- SCHAKOWSKY, Mr. SCHIFF, Mr. SHER- tation and Infrastructure, for a period to be LARD, Mrs. JONES of Ohio, Ms. EDDIE MAN, Mr. SNYDER, Ms. SOLIS, Mr. subsequently determined by the Speaker, in BERNICE JOHNSON of Texas, Mr. FIL- STRICKLAND, Mr. STUPAK, Mr. THOMP- each case for consideration of such provi- NER, Ms. MCKINNEY, Mr. GUTKNECHT, SON of California, Mrs. THURMAN, Mr. sions as fall within the jurisdiction of the and Ms. MCCOLLUM): TIERNEY, Mr. TOWNS, Mr. UDALL of committee concerned. H.R. 3271. A bill to amend title 38, United Colorado, Mr. UDALL of New Mexico, By Mr. PASCRELL: States Code, to authorize the Secretary of Ms. VELAZQUEZ, Ms. WOOLSEY, and H.R. 3263. A bill to amend section 7(a) of Veterans Affairs to conduct veterans out- Mr. WYNN): the Small Business Act to exempt small reach programs known as Stand Down events H.R. 3255. A bill to respond to the threat of business concerns owned and controlled by and to establish a pilot program to provide bioterrorism; to the Committee on Energy veterans who have been discharged or re- for an annual Stand Down event in each and Commerce, and in addition to the Com- leased from military service for less than 5 State; to the Committee on Veterans’ Af- mittees on the Judiciary, Transportation years from guarantee fees; to the Committee fairs. and Infrastructure, Armed Services, Science, on Small Business. By Mr. PASCRELL (for himself, Mrs. Intelligence (Permanent Select), Inter- By Mr. PETERSON of Minnesota (for ROUKEMA, Mr. SAXTON, and Mr. national Relations, Agriculture, and Ways himself and Mr. POMBO): HOLT): and Means, for a period to be subsequently H.R. 3264. A bill to terminate all Federal H. Con. Res. 266. Concurrent resolution determined by the Speaker, in each case for programs relating to price support and sup- honoring veterans by requesting that tele- consideration of such provisions as fall with- ply management for milk and to grant the vision and radio stations provide a moment in the jurisdiction of the committee con- consent of Congress to cooperative efforts by of silence or a public service announcement cerned. States to manage milk prices and supply; to on November 11 at 11 a.m. each year; to the By Ms. BALDWIN (for herself, Mr. the Committee on Agriculture, and in addi- Committee on Veterans’ Affairs. MCGOVERN, Mr. SANDERS, Ms. KAP- tion to the Committee on the Judiciary, for By Mr. FROST: TUR, and Mr. SHOWS): a period to be subsequently determined by H. Res. 282. A resolution designating mi- H.R. 3256. A bill to establish a National the Speaker, in each case for consideration nority membership on certain standing com- Center for Military Deployment Health Re- of such provisions as fall within the jurisdic- mittees of the House; considered and agreed search in the Department of Health and tion of the committee concerned. to. Human Services to provide an independent By Mr. PLATTS: By Mr. ARMEY: means for the conduct and coordination of H.R. 3265. A bill to amend title II of the So- H. Res. 283. A resolution designating ma- research into issues relating to the deploy- cial Security Act to eliminate the 5-month jority membership on certain standing com- ment of members of the Armed Forces over- waiting period which is presently required in mittees of the House; considered and agreed seas, and for other purposes; to the Com- order for an individual to be eligible for ben- to. mittee on Energy and Commerce, and in ad- efits based on disability or for the disability By Mr. OTTER (for himself, Mr. PAUL, dition to the Committees on Veterans’ Af- freeze; to the Committee on Ways and Mr. SIMMONS, Mr. FLAKE, Mr. STEN- fairs, the Budget, and Armed Services, for a Means. HOLM, Mr. CRANE, Mr. HAYES, Mr. period to be subsequently determined by the By Ms. RIVERS: UDALL of Colorado, Mr. UDALL of New Speaker, in each case for consideration of H.R. 3266. A bill to amend title 18, United Mexico, Mr. TANCREDO, Mrs. BONO, such provisions as fall within the jurisdic- States Code, to prohibit unauthorized traf- Mr. BROWN of South Carolina, Mr. tion of the committee concerned. ficking in personal DNA information, and for JENKINS, Mr. HOUGHTON, Mr.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L08NO7.100 pfrm02 PsN: H08PT1 H7960 CONGRESSIONAL RECORD — HOUSE November 8, 2001

KUCINICH, Mr. LANGEVIN, Mr. CONDIT, H.R. 1596: Mr. THORNBERRY. H.R. 3175: Mr. FRANK and Mrs. JONES of Mr. CALVERT, Mr. POMBO, Mr. RADAN- H.R. 1681: Mr. NORWOOD and Mr. PLATTS. Ohio. OVICH, Mr. CANNON, Mr. PETERSON of H.R. 1754: Mr. STRICKLAND and Mr. GRUCCI. H.R. 3185: Ms. ROS-LEHTINEN, Mr. OBER- Pennsylvania, Mr. SOUDER, Mr. WAL- H.R. 1759: Ms. DELAURO. STAR, Mr. SANDLIN, and Mr. TERRY. DEN of Oregon, Mr. HEFLEY, Mr. H.R. 1810: Mr. KIND. H.R. 3190: Ms. SANCHEZ. HAYWORTH, Mr. ROHRABACHER, Mr. H.R. 1814: Mr. BLAGOJEVICH, Mr. QUINN, and H.R. 3209: Mr. WATTS of Oklahoma, Mr. GUTKNECHT, Mr. SCHAFFER, Mr. Mr. ENGLISH. GOODLATTE, Mr. KELLER, Mr. COBLE, Mr. GRAVES, Mr. KENNEDY of Minnesota, H.R. 2037: Mr. SWEENEY, Mr. LATHAM, Mr. GREEN of Wisconsin, and Mr. SCHIFF. Mr. PENCE, Mr. PETERSON of Min- GALLEGLY, Mr. LAHOOD, Mrs. BIGGERT, and H.R. 3219: Mr. KINGSTON, Mr. COLLINS, Mr. nesota, Mr. HULSHOF, Mr. LAHOOD, Mr. LINDER. ISAKSON, Mr. DEAL of Georgia, Mr. NORWOOD, Mr. NORWOOD, Mr. GILCHREST, Mr. H.R. 2074: Mr. TOWNS. Mr. BLUNT, Mr. THOMPSON of California, Mr. GRUCCI, Mr. EHLERS, Mr. MCKEON, H.R. 2157: Mr. BISHOP. HOLT, Mr. SANDLIN, Mr. GONZALEZ, Mr. LEWIS Mr. REYNOLDS, Mr. SKEEN, Mr. YOUNG H.R. 2166: Mr. FORD. of Georgia, Mr. FORD, Mr. RUSH, Ms. RIVERS, of Alaska, Mr. REHBERG, Mr. TRAFI- H.R. 2220: Mr. UDALL of Colorado. and Mr. MARKEY. CANT, Mr. GIBBONS, Mr. SHERWOOD, H.R. 2269: Mr. GRUCCI. H.R. 3238: Mr. BACA and Mr. CARSON of Mr. SHUSTER, Mr. HUNTER, Mr. H.R. 2329: Mr. WAXMAN. Oklahoma. SCHROCK, Mr. TIAHRT, Mr. H.R. 2348: Mr. ACKERMAN and Mr. CLEMENT. H.R. 3240: Mr. GIBBONS. NETHERCUTT, Mr. SHADEGG, Mrs. H.R. 2357: Mr. OXLEY, Mr. WELDON of Penn- H.R. 3246: Mr. WATTS of Oklahoma, Mr. JOHNSON of Connecticut, Mr. HANSEN, sylvania, Mr. EVERETT, Ms. HART, and Mr. RUSH, and Mr. BECERRA. Mr. STUMP, Mr. KIRK, Mr. PLATTS, ISSA. H. Con. Res. 42: Mr. BARR of Georgia. H.R. 2485: Mr. HERGER and Mr. LINDER. and Mr. SIMPSON): H. Con. Res. 249: Mr. ISRAEL, Mr. H.R. 2527: Mr. WICKER. H. Res. 284. A resolution encouraging the BLUMENAUER, Mr. TURNER, Mr. ETHERIDGE, H.R. 2630: Mr. PAYNE. people of the United States to support the Mrs. DAVIS of California, Mr. TIERNEY, Mrs. H.R. 2695: Mr. HERGER. Armed Forces and civilian personnel who are CHRISTENSEN, Mr. SANDLIN, Mr. HINOJOSA, H.R. 2837: Mr. LANTOS, Mr. NADLER, and engaged in the war on terrorism as part of a Mr. SABO, Ms. HARMAN, Mr. SCHIFF, Mr. Mr. MCGOVERN. united effort to be known as Operation En- LANGEVIN, Mr. KILDEE, Mr. GREEN of Texas, H.R. 2841: Mr. MCNULTY, Mr. SABO, Mr. during Support; to the Committee on Armed Ms. MCCARTHY of Missouri, Ms. BALDWIN, Mr. COYNE, Mr. FRANK, and Mr. WATT of North Services. HONDA, Mr. GEPHARDT, Mr. WATT of North Carolina. By Mr. PITTS (for himself and Mr. Carolina, Mr. BECERRA, Mr. DEUTSCH, Mr. H.R. 2887: Mr. KIND. BONIOR): SAWYER, Mr. HOLT, Ms. BERKLEY, Mr. LEWIS H.R. 2896: Mr. HOSTETTLER. H. Res. 285. A resolution commending of Georgia, Mr. PRICE of North Carolina, Mr. H.R. 2946: Ms. WATERS and Ms. BERKLEY. President Pervez Musharraf of Pakistan for UDALL of Colorado, Mr. SCOTT, Mr. FRANK, H.R. 2949: Mr. RANGEL, Mr. KUCINICH, Mr. his leadership and friendship and welcoming Mrs. ROUKEMA, Mr. UNDERWOOD, Ms. ESHOO, RODRIGUEZ, Mr. MEEHAN, Mr. CALVERT, Mr. him to the United States; to the Committee Mr. LEVIN, Ms. WATERS, Mr. SHERMAN, Mr. UNDERWOOD, Mr. FILNER, Mr. ENGLISH, Mr. on International Relations. LAMPSON, Mr. POMEROY, Ms. KAPTUR, Mr. LANTOS, Mr. BACA, and Mrs. JONES of Ohio. DICKS, Mr. MENDENDEZ, Mr. CLYBURN, Mr. f H.R. 2965: Mr. WOLF and Mr. DOYLE. LYNCH, Mr. HILLIARD, Mr. BACA, Mr. BERMAN, H.R. 2982: Mrs. ROUKEMA, Mr. MASCARA, Mr. PASTOR, Ms. LEE, Mr. BENTSEN, Mr. ADDITIONAL SPONSORS Mr. LIPINSKI, Mr. HOEFFEL, Mr. PLATTS, Mr. REYES, Mrs. CAPPS, Mr. RODRIGUEZ, Mr. RANGEL, Mr. ETHERIDGE, Mr. MENENDEZ, Mr. Under clause 7 of rule XII, sponsors PHELPS, Ms. CARSON of Indiana, Mr. THOMP- GONZALEZ, Mr. MCNULTY, Mr. BRADY of were added to public bills and resolu- SON of Mississippi, Mr. DAVIS of Illinois, Ms. Pennsylvania, Mr. FATTAH, Mr. HALL of tions as follows: WATSON, Mr. HASTINGS of Florida, Ms. EDDIE Texas, Mr. SWEENEY, Mr. REYNOLDS, Mr. BERNICE JOHNSON of Texas, Mr. JEFFERSON, H.R. 19: Mrs. BIGGERT. ROTHMAN, Mr. PASTOR, Mr. BORSKI, and Mr. Mr. RUSH, Mr. CRANE, Mr. BRADY of Texas, H.R. 141: Mr. ANDREWS. GOODLATTE. YAN HAW H.R. 162: Ms. WATERS. H.R. 3011: Mr. RUSH, Mr. ABERCROMBIE, Ms. Mr. R of Wisconsin, Mr. S , Mr. TARK OHNSON H.R. 218: Mr. PUTNAM, Mr. SANDLIN, Mr. SCHAKOWSKY, and Mr. LEWIS of Georgia. S , Mrs. J of Connecticut, Mr. ROGERS of Michigan, and Mr. PORTMAN. H.R. 3022: Mr. BACA. MATSUI, Mr. RAMSTAD, Mr. COYNE, Mr. H.R. 424: Mr. GEKAS. H.R. 3026: Mr. LANGEVIN and Ms. HART. CARDIN, Mr. MCDERMOTT, Mr. NEAL of Massa- H.R. 425: Ms. DELAURO. H.R. 3029: Mr. GILMAN. chusetts, Ms. DUNN, Mr. TANNER, Mr. COL- H.R. 439: Mr. MCGOVERN. H.R. 3046: Mr. GREEN of Wisconsin, Ms. LINS, Mrs. THURMAN, Mr. WATKINS, Mr. H.R. 547: Mr. BORSKI. ROYBAL-ALLARD, Mr. SHIMKUS, Mr. TIBERI, DOGGETT, Mr. HAYWORTH, Mr. WELLER, Mr. H.R. 778: Ms. LEE. Mr. BLUMENAUER, and Mrs. MINK of Hawaii. HULSHOF, Mr. MCINNIS, Mr. OLVER, Mr. H.R. 783: Mrs. MINK of Hawaii. H.R. 3054: Mr. BAKER, Mr. DIAZ-BALART, ALLEN, Mr. QUINN, and Mr. SWEENEY. H.R. 831: Mr. HASTINGS of Florida, Mr. Mr. FILNER, Mr. RAHALL, Mr. BISHOP, Mr. H. Con. Res. 254: Mr. BRADY of Pennsyl- LAHOOD, Mr. SMITH of Washington, and Mr. GREEN of Texas, Mr. HOLDEN, Mr. BOEHLERT, vania, Mr. FATTAH, Mr. BORSKI, and Mr. KAN- SCHROCK. Mr. MCNULTY, Mr. LIPINSKI, Mr. CLYBURN, JORSKI. H.R. 938: Mr. BACA and Mr. HINCHEY. Mr. COYNE, Mr. TOWNS, Mrs. MEEK of Florida, H. Con. Res. 257: Mr. CLAY, Mrs. MEEK of H.R. 951: Mr. BARR of Georgia, Mr. Mr. OWENS, Mr. THOMPSON of Mississippi, Ms. Florida, Ms. BERKLEY, Mr. DEUTSCH, Mr. SHIMKUS, Mr. BACA, Mr. WHITFIELD, Mr. WU, WOOLSEY, and Mr. OSE. BISHOP, Mr. TIERNEY, and Mr. WATT of North Mr. ISRAEL, Ms. SOLIS, Mr. SHERWOOD, and H.R. 3077: Mr. SCHROCK. Carolina. Mr. BECERRA. H.R. 3087: Mr. FALEOMAVAEGA and Mr. H. Res. 133: Mr. BLUMENAUER. H.R. 981: Mr. KELLER, Mr. HAYWORTH, Mr. BONIOR. H. Res. 241: Mr. WU. PITTS, Mr. JEFF MILLER of Florida, and Mr. H.R. 3088: Mr. GALLEGLY, Mr. SHAYS, Mr. H. Res. 281: Mr. TANCREDO, Mr. SMITH of WELDON of Pennsylvania. LEVIN, and Mr. BOEHLERT. New Jersey, Mr. ROHRABACHER, Mr. PITTS, H.R. 990: Mr. BONIOR. H.R. 3101: Mr. GORDON, Mr. ETHERIDGE, Mr. Mr. LANTOS, Mr. CROWLEY, Ms. LEE, Mr. GIL- H.R. 1004: Ms. ROYBAL-ALLARD. ISRAEL, Mr. BACA, Ms. MCCOLLUM, and Mr. MAN, Mr. HOUGHTON, and Mr. LANGEVIN. H.R. 1170: Mr. SPRATT and Mr. LIPINSKI. HALL of Texas. H.R. 1178: Mr. OSBORNE. H.R. 3131: Mr. KOLBE, Mr. LEWIS of Georgia, f H.R. 1254: Mr. GEKAS, Mrs. THURMAN, and and Mr. SCHIFF. Ms. ROYBAL-ALLARD. H.R. 3143: Mr. BACA. DELETIONS OF SPONSORS FROM H.R. 1307: Mr. LUCAS of Kentucky. H.R. 3154: Mr. JONES of North Carolina, PUBLIC BILLS AND RESOLUTIONS H.R. 1331: Ms. CARSON of Indiana. Mrs. MINK of Hawaii, Mr. WYNN, Mr. STUPAK, Under clause 7 of rule XII, sponsors H.R. 1377: Mr. UPTON. Ms. HOOLEY of Oregon, Mr. BLUMENAUER, Mr. H.R. 1405: Ms. RIVERS. BAKER, Mr. TOWNS, Mr. ORTIZ, Ms. KIL- were deleted from public bills and reso- H.R. 1577: Mrs. DAVIS of California. PATRICK, and Mr. WU. lutions as follows: H.R. 1584: Mr. CANNON and Mr. SOUDER. H.R. 3163: Mr. FROST. H.R. 981: Mr. COMBEST.

VerDate 06-NOV-2001 01:22 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\L08NO7.100 pfrm02 PsN: H08PT1 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, THURSDAY, NOVEMBER 8, 2001 No. 154 Senate The Senate met at 10 a.m. and was a Senator from the State of Nebraska, to I am very pleased to welcome Francis called to order by the Honorable E. perform the duties of the Chair. Cree to the Senate this morning. I BENJAMIN NELSON, a Senator from the ROBERT C. BYRD, thank him for being here and for shar- State of Nebraska. President pro tempore. ing his inspiring message with us. Mr. NELSON of Nebraska thereupon The PRESIDING OFFICER. The Mr. President, I yield the floor. guest Chaplain, Elder Francis Cree, the assumed the chair as Acting President Spiritual Leader of Turtle Mountain pro tempore. The ACTING PRESIDENT pro tem- pore. The Senator from Nevada. Band of Chippewa Indians, in Dunseith, f ND, will lead us in prayer. Mr. REID. Mr. President, before my RESERVATION OF LEADER TIME friend from North Dakota leaves the PRAYER The ACTING PRESIDENT pro tem- Chamber, and before Spiritual Leader The guest Chaplain, Elder Francis pore. Under the previous order, the and Tribal Elder Cree leaves the Cham- Cree, offered the following prayer: leadership time is reserved. ber, I say, I never had the opportunity [Speaking Chippewa] The Senator from North Dakota. in the Senate Chamber to say this to Great Spirit of God, we want to f anyone who would understand it, but thank You for this wonderful day You the Senator from North Dakota and WELCOMING ELDER FRANCIS the tribal leader will: I am a Pipe Car- have given us, for all the many good CREE OF NORTH DAKOTA things You have blessed us with. You rier for the Pyramid Paiute Tribe in have also given us this love and respect Mr. CONRAD. Mr. President, I am northern Nevada. I have been through and unity and faith in God. And we ask pleased this morning to welcome a the ceremony. It was very dignified and You, at this time, that You bless the good friend and distinguished North impressive. It was a ceremony I will President, and all his employees, and Dakotan, Francis Cree, to the Senate. I never forget. all of us here and all over the world. thank him for his moving and inspira- So I am very happy we have had this We thank You. We thank You, again. tional prayer. very time-honored tradition now done That is the prayer I said in the Chip- Francis Cree is the Spiritual Leader in opening the Senate in prayer. I con- pewa language. and Tribal Elder of the Turtle Moun- gratulate the Senator from North Da- tain Band of Chippewa of North Da- f kota in bringing one of the most-re- kota. He is the official Pipe Carrier for nowned citizens of his State to the U.S. PLEDGE OF ALLEGIANCE the Tribe, a position of honor and lead- Capitol. ership. He led the tribe as chairman in The Honorable E. BENJAMIN NELSON Mr. CONRAD. I thank my colleague the 1950s and served several terms on led the Pledge of Allegiance, as follows: from Nevada. the Tribal Council. I pledge allegiance to the Flag of the Francis spends countless hours My colleague, Senator DORGAN, is United States of America, and to the Repub- teaching young tribal members about chairing a hearing in another part of lic for which it stands, one nation under God, the Capitol complex and will come to indivisible, with liberty and justice for all. Chippewa culture and traditions. Last year, he even made an award-winning the Chamber later today to also memo- f CD called, ‘‘The Elders Speak.’’ rialize this occasion. I do not want this APPOINTMENT OF ACTING Francis is married to Rose Cree, a moment to pass without indicating PRESIDENT PRO TEMPORE well-known artist who makes beautiful Senator DORGAN was here earlier but willow and birchbark baskets, several had to leave to chair a meeting of his The PRESIDING OFFICER. The of which are displayed in my office. subcommittee elsewhere in the Capitol clerk will please read a communication They were recently featured at the complex or else he would be here as to the Senate from the President pro Smithsonian’s Festival of American well. tempore [Mr. BYRD]. Folk Life on the Mall here in our Na- I thank the Chair. The assistant legislative clerk read tion’s Capital. the following letter: Francis and Rose have 14 children, f U.S. SENATE, and, according to Rose, ‘‘too many PRESIDENT PRO TEMPORE, grandchildren and great-grandchildren Washington, DC, November 8, 2001. RECOGNITION OF THE ACTING To the Senate: to count, but there are well over a hun- MAJORITY LEADER Under the provisions of rule I, paragraph 3, dred.’’ In May, Rose and Francis will of the Standing Rules of the Senate, I hereby celebrate 63 years of marriage. The ACTING PRESIDENT pro tem- appoint the Honorable E. BENJAMIN NELSON, Congratulations to you both. pore. The Senator from Nevada.

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

S11567

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VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11568 CONGRESSIONAL RECORD — SENATE November 8, 2001 SCHEDULE S. 1428 (7) The Department of the Treasury. Mr. REID. Mr. President, this morn- Be it enacted by the Senate and House of Rep- (8) The Department of Energy. (9) The Federal Bureau of Investigation. ing, the Senate will begin consider- resentatives of the United States of America in Congress assembled, (10) The National Reconnaissance Office. ation of the Intelligence Authorization SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (11) The National Imagery and Mapping Act. The only amendments in order to Agency. (a) SHORT TITLE.—This Act may be cited as this bill are relevant amendments, the ‘‘Intelligence Authorization Act for Fis- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS. with the exception of two possible cal Year 2002’’. (a) SPECIFICATIONS OF AMOUNTS AND PER- amendments regarding immigrant de- (b) TABLE OF CONTENTS.—The table of con- SONNEL CEILINGS.—The amounts authorized portation that may be offered by Sen- tents of this Act is as follows: to be appropriated under section 101, and the ator SMITH of New Hampshire and Sen- Sec. 1. Short title; table of contents. authorized personnel ceilings as of Sep- ator LEAHY. Rollcall votes are possible TITLE I—INTELLIGENCE ACTIVITIES tember 30, 2002, for the conduct of the intel- throughout the day. Sec. 101. Authorization of appropriations. ligence and intelligence-related activities of I note that we are expecting to re- Sec. 102. Classified schedule of authoriza- the elements listed in such section, are those ceive from the House at or about noon tions. specified in the classified Schedule of Au- today the VA–HUD appropriations bill Sec. 103. Personnel ceiling adjustments. thorizations prepared to accompany the con- that has been worked on for many Sec. 104. Community Management Account. ference report on the bill llll of the One Hundred Seventh Congress. IKULSKI months, led by Senator M and TITLE II—CENTRAL INTELLIGENCE (b) AVAILABILITY OF CLASSIFIED SCHEDULE the ranking member, Senator BOND. It AGENCY RETIREMENT AND DIS- OF AUTHORIZATIONS.—The Schedule of Au- is a very important bill. ABILITY SYSTEM thorizations shall be made available to the This will be the sixth bill we would Sec. 201. Authorization of appropriations. Committees on Appropriations of the Senate send to the President for his signature. TITLE III—GENERAL PROVISIONS and House of Representatives and to the President. The President shall provide for There are other appropriations con- Sec. 301. Increase in employee compensation suitable distribution of the Schedule, or of ference reports moving toward comple- and benefits authorized by law. appropriate portions of the Schedule, within tion now. We should be able to do sev- Sec. 302. Restriction on conduct of intel- the executive branch. eral more of those in the next few days. ligence activities. Sec. 303. Judicial review under Foreign Nar- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. I also indicate that we have some ex- (a) AUTHORITY FOR ADJUSTMENTS.—With cotics Kingpin Designation Act. tremely important items to consider, the approval of the Director of the Office of Sec. 304. Modification of positions requiring as the entire Senate knows. We are Management and Budget, the Director of consultation with Director of hopeful of working on the stimulus Central Intelligence may authorize employ- Central Intelligence in appoint- ment of civilian personnel in excess of the package next week. The majority lead- ments. number authorized for fiscal year 2002 under er will have announcements about that Sec. 305. Modification of reporting require- section 102 when the Director of Central In- later on in the day. ments for significant antici- We have a lot to do on most-impor- telligence determines that such action is pated intelligence activities necessary to the performance of important tant matters, but I indicate, it is very and significant intelligence intelligence functions, except that the num- timely we will be working today on the failures. ber of personnel employed in excess of the intelligence authorization bill. The two Sec. 306. Modification of authorities for pro- number authorized under such section may tection of intelligence commu- managers will be Senator GRAHAM of not, for any element of the intelligence com- nity employees who report ur- Florida and the ranking member, Sen- munity, exceed 2 percent of the number of ci- gent concerns to Congress. vilian personnel authorized under such sec- ator SHELBY of Alabama. We hope to Sec. 307. Review of protections against the complete the bill very soon today. It tion for such element. unauthorized disclosure of clas- (b) NOTICE TO INTELLIGENCE COMMITTEES.— should not take a lot of time we hope. sified information. The Director of Central Intelligence shall But whatever time it takes, we need to Sec. 308. Modification of authorities relating notify promptly the Permanent Select Com- complete that legislation today. to official immunity in inter- mittee on Intelligence of the House of Rep- I suggest the absence of a quorum. diction of aircraft engaged in il- resentatives and the Select Committee on The ACTING PRESIDENT pro tem- licit drug trafficking. Intelligence of the Senate whenever the Di- pore. The clerk will call the roll. Sec. 309. One-year suspension of reorganiza- rector exercises the authority granted by Mr. GRAHAM. Mr. President, I ask tion of Diplomatic Tele- this section. communications Service Pro- unanimous consent that the order for SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. gram Office. (a) AUTHORIZATION OF APPROPRIATIONS.— the quorum call be rescinded. Sec. 310. Presidential approval and submis- The ACTING PRESIDENT pro tem- There is authorized to be appropriated for sion to Congress of National the Community Management Account of the pore. Without objection, it is so or- Counterintelligence Strategy Director of Central Intelligence for fiscal dered. and National Threat Identifica- year 2002 the sum of $238,496,000. Within such f tion and Prioritization Assess- amount, funds identified in the classified ments. Schedule of Authorizations referred to in INTELLIGENCE AUTHORIZATION Sec. 311. Preparation and submittal of reports, section 102(a) for the advanced research and ACT FOR FISCAL YEAR 2002 reviews, studies, and plans relat- development committee shall remain avail- The ACTING PRESIDENT pro tem- ing to Department of Defense in- able until September 30, 2003. telligence activities. pore. Under the previous order, the (b) AUTHORIZED PERSONNEL LEVELS.—The Senate will now proceed to the consid- TITLE IV—CENTRAL INTELLIGENCE elements within the Community Manage- AGENCY ment Account of the Director of Central In- eration of S. 1428, which the clerk will Sec. 401. One-year extension of Central In- telligence are authorized 343 full-time per- report. sonnel as of September 30, 2002. Personnel The assistant legislative clerk read telligence Agency Voluntary Separation Pay Act. serving in such elements may be permanent as follows: Sec. 402. Modifications of central services employees of the Community Management A bill (S. 1428) to authorize appropriations program. Account or personnel detailed from other for fiscal year 2002 for intelligence and intel- elements of the United States Government. TITLE I—INTELLIGENCE ACTIVITIES ligence-related activities of the United (c) CLASSIFIED AUTHORIZATIONS.— States Government, the Community Man- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) AUTHORIZATION OF APPROPRIATIONS.—In agement Account of the Director of Central Funds are hereby authorized to be appro- addition to amounts authorized to be appro- Intelligence, and the Central Intelligence priated for fiscal year 2002 for the conduct of priated for the Community Management Ac- Agency Retirement and Disability System, the intelligence and intelligence-related ac- count by subsection (a), there are also au- and for other purposes. tivities of the following elements of the thorized to be appropriated for the Commu- The Senate proceeded to consider the United States Government: nity Management Account for fiscal year bill which had been reported from the (1) The Central Intelligence Agency. 2002 such additional amounts as are specified Select Committee on Intelligence with- (2) The Department of Defense. in the classified Schedule of Authorizations (3) The Defense Intelligence Agency. referred to in section 102(a). Such additional out amendment and the Committee on (4) The National Security Agency. amounts shall remain available until Sep- Armed Services with amendments, as (5) The Department of the Army, the De- tember 30, 2003. follows: partment of the Navy, and the Department (2) AUTHORIZATION OF PERSONNEL.—In addi- (The parts of the bill intended to be of the Air Force. tion to the personnel authorized by sub- inserted are shown in italic.) (6) The Department of State. section (b) for elements of the Community

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11569 Management Account as of September 30, ‘‘(C) The Director of the Office of Intel- propriate, carry out a comprehensive review 2002, there are hereby authorized such addi- ligence of the Department of Energy. of current protections against the unauthor- tional personnel for such elements as of that ‘‘(D) The Director of the Office of Counter- ized disclosure of classified information, in- date as are specified in the classified Sched- intelligence of the Department of Energy’’. cluding— ule of Authorizations. SEC. 305. MODIFICATION OF REPORTING RE- (1) any mechanisms available under civil (d) REIMBURSEMENT.—Except as provided in QUIREMENTS FOR SIGNIFICANT AN- or criminal law, or under regulation, to de- section 113 of the National Security Act of TICIPATED INTELLIGENCE ACTIVI- tect the unauthorized disclosure of such in- 1947 (50 U.S.C. 404h), during fiscal year 2002 TIES AND SIGNIFICANT INTEL- formation; and any officer or employee of the United States LIGENCE FAILURES. (2) any sanctions available under civil or or a member of the Armed Forces who is de- Section 502 of the National Security Act of criminal law, or under regulation, to deter tailed to the staff of the Community Man- 1947 (50 U.S.C. 413a) is amended— and punish the unauthorized disclosure of agement Account from another element of (1) by inserting ‘‘(a) IN GENERAL.—’’ before such information. the United States Government shall be de- ‘‘To the extent’’; and (b) PARTICULAR CONSIDERATIONS.—In car- tailed on a reimbursable basis, except that (2) by adding at the end the following new rying out the review required by subsection any such officer, employee, or member may subsections: (a), the Attorney General shall consider, in be detailed on a nonreimbursable basis for a ‘‘(b) FORM AND CONTENTS OF CERTAIN RE- particular— period of less than one year for the perform- PORTS.—Any report relating to a significant (1) whether the administrative regulations ance of temporary functions as required by anticipated intelligence activity or a signifi- and practices of the intelligence community the Director of Central Intelligence. cant intelligence failure that is submitted to are adequate, in light of the particular re- (e) NATIONAL DRUG INTELLIGENCE CENTER.— the intelligence committees for purposes of quirements of the intelligence community, (1) IN GENERAL.—Of the amount authorized subsection (a)(1) shall be in writing, and to protect against the unauthorized disclo- to be appropriated in subsection (a), shall contain the following: sure of classified information; and $27,000,000 shall be available for the National ‘‘(1) A concise statement of any facts perti- (2) whether recent developments in tech- Drug Intelligence Center. Within such nent to such report. nology, and anticipated developments in amount, funds provided for research, devel- ‘‘(2) An explanation of the significance of technology, necessitate particular modifica- opment, testing, and evaluation purposes the intelligence activity or intelligence fail- tions of current protections against the un- shall remain available until September 30, ure covered by such report. authorized disclosure of classified informa- 2003, and funds provided for procurement ‘‘(c) STANDARDS AND PROCEDURES FOR CER- tion in order to further protect against the purposes shall remain available until Sep- TAIN REPORTS.—The Director of Central In- unauthorized disclosure of such information. tember 30, 2004. telligence, in consultation with the heads of (c) REPORT.—(1) Not later than May 1, 2002, (2) TRANSFER OF FUNDS.—The Director of the departments, agencies, and entities re- the Attorney General shall submit to Con- Central Intelligence shall transfer to the At- ferred to in subsection (a), shall establish gress a report on the review carried out torney General funds available for the Na- standards and procedures applicable to re- under subsection (a). The report shall in- tional Drug Intelligence Center under para- ports covered by subsection (b).’’. clude the following: graph (1). The Attorney General shall utilize SEC. 306. MODIFICATION OF AUTHORITIES FOR (A) A comprehensive description of the re- funds so transferred for the activities of the PROTECTION OF INTELLIGENCE view, including the findings of the Attorney National Drug Intelligence Center. COMMUNITY EMPLOYEES WHO RE- General as a result of the review. (3) LIMITATION.—Amounts available for the PORT URGENT CONCERNS TO CON- (B) An assessment of the efficacy and ade- National Drug Intelligence Center may not GRESS. quacy of current laws and regulations be used in contravention of the provisions of (a) AUTHORITY OF INSPECTOR GENERAL OF against the unauthorized disclosure of classi- section 103(d)(1) of the National Security Act CENTRAL INTELLIGENCE AGENCY.—Section fied information, including whether or not of 1947 (50 U.S.C. 403–3(d)(1)). 17(d)(5) of the Central Intelligence Agency modifications of such laws or regulations, or (4) AUTHORITY.—Notwithstanding any Act of 1949 (50 U.S.C. 403q(d)(5)) is amended— additional laws or regulations, are advisable other provision of law, the Attorney General (1) in subparagraph (B), by striking the in order to further protect against the unau- shall retain full authority over the oper- second sentence and inserting the following thorized disclosure of such information. ations of the National Drug Intelligence Cen- new sentence: ‘‘Upon making the determina- (C) Any recommendations for legislative or ter. tion, the Inspector General shall transmit to administrative action that the Attorney the Director notice of the determination, to- TITLE II—CENTRAL INTELLIGENCE AGEN- General considers appropriate, including a gether with the complaint or information.’’; CY RETIREMENT AND DISABILITY SYS- proposed draft for any such action, and a and TEM comprehensive analysis of the Constitu- (2) in subparagraph (D)(i), by striking tional and legal ramifications of any such SEC. 201. AUTHORIZATION OF APPROPRIATIONS. ‘‘does not transmit,’’ and all that follows action. There is authorized to be appropriated for through ‘‘subparagraph (B),’’ and inserting (2) The report shall be submitted in unclas- the Central Intelligence Agency Retirement ‘‘does not find credible under subparagraph sified form, but may include a classified and Disability Fund for fiscal year 2002 the (B) a complaint or information submitted annex. sum of $212,000,000. under subparagraph (A), or does not transmit SEC. 308. MODIFICATION OF AUTHORITIES RE- TITLE III—GENERAL PROVISIONS the complaint or information to the Director LATING TO OFFICIAL IMMUNITY IN SEC. 301. INCREASE IN EMPLOYEE COMPENSA- in accurate form under subparagraph (B),’’. INTERDICTION OF AIRCRAFT EN- TION AND BENEFITS AUTHORIZED (b) AUTHORITIES OF INSPECTORS GENERAL OF GAGED IN ILLICIT DRUG TRAF- FICKING. BY LAW. THE INTELLIGENCE COMMUNITY.—Section 8H (a) CERTIFICATION REQUIRED FOR IMMU- Appropriations authorized by this Act for of the Inspector General Act of 1978 (5 U.S.C. NITY.—Subsection (a)(2) of section 1012 of the salary, pay, retirement, and other benefits App.) is amended— National Defense Authorization Act for Fis- for Federal employees may be increased by (1) in subsection (b), by striking the second cal Year 1995 (Public Law 103–337; 108 Stat. such additional or supplemental amounts as sentence and inserting the following new may be necessary for increases in such com- 2837; 22 U.S.C. 2291–4) is amended by striking sentence: ‘‘Upon making the determination, ‘‘, before the interdiction occurs, has deter- pensation or benefits authorized by law. the Inspector General shall transmit to the SEC. 302. RESTRICTION ON CONDUCT OF INTEL- mined’’ and inserting ‘‘has, during the 12- head of the establishment notice of the de- month period ending on the date of the inter- LIGENCE ACTIVITIES. termination, together with the complaint or The authorization of appropriations by diction, certified to Congress’’. information.’’; and this Act shall not be deemed to constitute (b) ANNUAL REPORTS.—That section is fur- (2) in subsection (d)(1), by striking ‘‘does authority for the conduct of any intelligence ther amended— not transmit,’’ and all that follows through activity which is not otherwise authorized (1) by redesignating subsection (c) as sub- ‘‘subsection (b),’’ and inserting ‘‘does not by the Constitution or the laws of the United section (d); and find credible under subsection (b) a com- States. (2) by inserting after subsection (b) the fol- plaint or information submitted to the In- lowing new subsection (c): SEC. 303. JUDICIAL REVIEW UNDER FOREIGN spector General under subsection (a), or does NARCOTICS KINGPIN DESIGNATION ‘‘(c) ANNUAL REPORTS.—(1) Not later than ACT. not transmit the complaint or information February 1 each year, the President shall Section 805 of the Foreign Narcotics King- to the head of the establishment in accurate submit to Congress a report on the assist- pin Designation Act (title VIII of Public Law form under subsection (b),’’. ance provided under subsection (b) during 106–120; 113 Stat. 1629; 21 U.S.C. 1904) is SEC. 307. REVIEW OF PROTECTIONS AGAINST the preceding calendar year. Each report amended by striking subsection (f). THE UNAUTHORIZED DISCLOSURE shall include for the calendar year covered OF CLASSIFIED INFORMATION. SEC. 304. MODIFICATION OF POSITIONS REQUIR- by such report the following: ING CONSULTATION WITH DIREC- (a) REQUIREMENT.—The Attorney General ‘‘(A) A list specifying each country for TOR OF CENTRAL INTELLIGENCE IN shall, in consultation with the Secretary of which a certification referred to in sub- APPOINTMENTS. Defense, Secretary of State, Secretary of En- section (a)(2) was in effect for purposes of Section 106(b)(2) of the National Security ergy, Director of Central Intelligence, and that subsection during any portion of such Act of 1947 (50 U.S.C. 403–6(b)(2)) is amended heads of such other departments, agencies, calendar year, including the nature of the il- by striking subparagraph (C) and inserting and entities of the United States Govern- licit drug trafficking threat to each such the following new subparagraphs: ment as the Attorney General considers ap- country.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11570 CONGRESSIONAL RECORD — SENATE November 8, 2001 ‘‘(B) A detailed explanation of the proce- SEC. 402. MODIFICATIONS OF CENTRAL SERV- participate in the fight against ter- dures referred to in subsection (a)(2)(B) in ef- ICES PROGRAM. rorism. To that end, our legislation au- fect for each country listed under subpara- (a) ANNUAL AUDITS.—Subsection (g)(1) of thorizes activities that will rebuild the section 21 of the Central Intelligence Agency graph (A), including any training and other foundation of our intelligence commu- mechanisms in place to ensure adherence to Act of 1949 (50 U.S.C. 403u) is amended— such procedures. (1) by striking ‘‘December 31’’ and insert- nity so we can meet our long-term ‘‘(C) A complete description of any assist- ing ‘‘January 31’’; and challenges. ance provided under subsection (b). (2) by striking ‘‘conduct’’ and inserting In the process of preparing this ‘‘(D) A summary description of the aircraft ‘‘complete’’. year’s intelligence authorization bill, interception activity for which the United (b) PERMANENT AUTHORITY.—Subsection (h) the committee spent considerable time States Government provided any form of as- of that section is amended— reviewing the current status of the in- sistance under subsection (b). (1) by striking paragraph (1); telligence community. (2) by redesignating paragraphs (2) and (3) ‘‘(2) Each report under paragraph (1) shall At this point, I recognize our vice be submitted in unclassified form, but may as paragraphs (1) and (2), respectively; include a classified annex.’’. (3) in paragraph (1), as so redesignated, by chairman, Senator SHELBY. He, of SEC. 309. ONE-YEAR SUSPENSION OF REORGA- striking ‘‘paragraph (3)’’ and inserting course, had been the chairman of this NIZATION OF DIPLOMATIC TELE- ‘‘paragraph (2)’’; and committee for a considerable period of COMMUNICATIONS SERVICE PRO- (4) in paragraph (2), as so redesignated, by time and started much of this process GRAM OFFICE. striking ‘‘paragraph (2)’’ and inserting of in-depth review of the intelligence Notwithstanding any provision of subtitle ‘‘paragraph (1)’’. B of title III of the Intelligence Authoriza- community which then put us in a po- tion Act for Fiscal Year 2001 (Public Law The ACTING PRESIDENT pro tem- sition to take advantage of that work 106–567; 114 Stat. 2843; 22 U.S.C. 7301 et seq.), pore. The Senator from Florida. to provide what today will be some of relating to the reorganization of the Diplo- Mr. GRAHAM. Mr. President, with the prescriptions based on the diag- matic Telecommunications Service Program my friend and colleague, Senator nosis of the problems. I particularly Office, no provision of that subtitle shall be SHELBY, I bring to the Senate S. 1428, recognize Senator SHELBY and the effective during the period beginning on the the Intelligence Authorization Act for work in which he led the committee date of the enactment of this Act and ending the fiscal year 2002. and our staff for many months. on October 1, 2002. The tragic events of the past months As a result of this review, we con- SEC. 310. PRESIDENTIAL APPROVAL AND SUBMIS- SION TO CONGRESS OF NATIONAL and the reality that our Nation is en- cluded that the intelligence commu- COUNTERINTELLIGENCE STRATEGY gaged in a war against global terrorism nity has been underfunded over the AND NATIONAL THREAT IDENTI- make this year’s intelligence author- past decade—basically, the decade FICATION AND PRIORITIZATION AS- ization bill especially important. We SESSMENTS. since the fall of the Berlin Wall—and The National Counterintelligence Strat- all realize that good and timely intel- its ability to conduct certain core mis- egy, and each National Threat Identification ligence is our first and sometimes our sions had deteriorated. and Prioritization Assessment, produced only line of defense against terrorism. In order to correct these deficiencies, under Presidential Decision Directive 75, It is not enough for us to attempt to the committee identified four prior- dated December 28, 2000, entitled ‘‘U.S. Coun- determine who was the culprit and to ities to receive special emphasis in this terintelligence Effectiveness—Counterintel- bring that culprit to justice. What the year’s bill: One, revitalization of the ligence for the 21st Century’’, including any American people want most is the ca- National Security Agency; two, cor- modification of the Strategy or any such As- pability to prevent acts of terrorism, sessment, shall be approved by the Presi- recting deficiencies in human intel- dent, and shall be submitted to the appro- which necessitates the best intel- ligence; three, addressing the imbal- priate committees of Congress. ligence information on a timely basis ance between collection and analysis; SEC. 311. PREPARATION AND SUBMITTAL OF RE- so that actions to interrupt terrorist and four, providing sufficient funding PORTS, REVIEWS, STUDIES, AND activities can take place before more for a robust research and development PLANS RELATING TO DEPARTMENT Americans are attacked. series of initiatives. These four prior- OF DEFENSE INTELLIGENCE ACTIVI- TIES. To accomplish this prevention of ter- ities underpin the work of the intel- (a) CONSULTATION IN PREPARATION.—The Di- rorism strategy, we must provide our ligence committee in all areas, includ- rector of Central Intelligence shall ensure that intelligence community with the re- ing counterterrorism. any report, review, study, or plan required to be sources and the authorities it needs to The committee believes that pro- prepared or conducted by a provision of this meet the expectations of the American viding additional resources in these Act, including a provision of the classified people. priorities is critical to assuring that Schedule of Authorizations or a classified annex Many of those authorities were con- the intelligence community is capable to this Act, that involves the intelligence or in- tained in the antiterrorism act which telligence-related activities of the Department of of providing our political and military Defense shall be prepared or conducted in con- the President signed the last Friday of decisionmakers with the accurate and sultation with the Secretary of Defense or an October. Today we are going to be talk- timely intelligence they require to appropriate official of the Department des- ing about the resources that will give make the best decisions in the interest ignated by the Secretary for that purpose. life to those authorities and to the on- of the American people. (b) SUBMITTAL.—Any report, review, study, or going activities of the intelligence By providing proper resources and at- plan referred to in subsection (a) shall be sub- community. tention to these four priorities, we will mitted, in addition to any other committee of Our Select Committee on Intel- be able to support effectively the re- Congress specified for submittal in the provision concerned, to the following committees of Con- ligence marked up this bill on Sep- quirements placed on the intelligence gress: tember 6, submitted it to the Armed community, including fighting global (1) The Committees on Armed Services and Services Committee, and the Armed terrorism, but also a list of other chal- Appropriations and the Select Committee on In- Services Committee has now reported lenging responsibilities: countering the telligence of the Senate. the bill as submitted. proliferation of weapons of mass de- (2) The Committees on Armed Services and Even though we took legislative ac- struction and their delivery system; Appropriations and the Permanent Select Com- tion before September 11, we noted at mittee on Intelligence of the House of Represent- stopping the flow of illicit narcotics; atives. the time that international terrorism and understanding the capabilities, po- was not a crisis—with it, the connota- TITLE IV—CENTRAL INTELLIGENCE tential, and intentions of potential ad- AGENCY tion that it is a short-term passing versaries and foreign powers. SEC. 401. ONE-YEAR EXTENSION OF CENTRAL IN- phenomenon—rather, international It is important to note that the com- TELLIGENCE AGENCY VOLUNTARY terrorism is a condition with which we mittee recognizes that a consistent and SEPARATION PAY ACT. will have to deal on a long-term basis. predictable funding stream is nec- Section 2 of the Central Intelligence Agen- The committee strongly encouraged essary to rebuild and maintain these cy Voluntary Separation Pay Act (50 U.S.C. the intelligence community to orient priority areas. 403–4 note) is amended— itself accordingly by implementing In preparing this year’s legislation, (1) in subsection (f), by striking ‘‘Sep- tember 30, 2002’’ and inserting ‘‘September policies under the control of the Direc- the committee outlined a 5-year plan 30, 2003’’; and tor of Central Intelligence for regu- for each of these priorities. We believe (2) in subsection (i), by striking ‘‘or 2002’’ lating the various roles of the elements this plan is consistent with the capac- and inserting ‘‘2002, or 2003’’. of the intelligence community that ity of the various agencies within the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11571 intelligence community to absorb Second, we must correct deficiencies analyzed and converted into effective these additional funds and use them ef- in our human intelligence capabilities. intelligence has been steadily declining fectively, and that will result in a sub- In 5 years, our human intelligence col- since 1990. Collection systems are be- stantial new foundation under our in- lection efforts must be designed to coming more and more capable as our telligence community over the next 5 meet the increasingly complex and investment in analysis erodes. This dis- years in order to meet the challenges growing set of human intelligence col- parity threatens to overwhelm our of the next decades. We know that our lection requirements. ability to analyze and use the informa- commitment to rebuild our intel- Most of the history of our intel- tion collected. ligence community must be sustained ligence community is since the Second The nightmare of the review of the over the long-term or our efforts this World War. During World War II, we es- events of September 11 would be if we year will be wasted. tablished America’s first professional find that there was a wiretap, for in- Let me briefly explain what we are intelligence agency under the direction stance, on a foreign resident whom we doing in each of these four priority of the military. As soon as the war was had reason to suspect might be in- areas. over, it was disbanded. Two years later, volved in some potential terrorist plot First, we are continuing the revital- President Truman, recognizing the rise against the United States but that ization of the National Security Agen- of the Soviet Union, asked the Con- wiretap had not been listened to, trans- cy, or the NSA. The committee, under gress to establish a civilian agency and lated from its foreign language—fre- the leadership of Senator SHELBY, has designate a director of central intel- quently it is an encrypted foreign lan- been pressing for this revitalization ligence. Under that director, there guage—into English and then analyzed over the past 3 years. The NSA is the were a number of agencies, such as the in terms of what did it mean in terms agency of our intelligence community Central Intelligence Agency. For the of American security, and then that that is responsible for assuring the se- next 40 years, we focused on one big analysis is transferred to an effective curity of United States communica- target: the Soviet Union and its War- law enforcement agency which could do tions, as well as collecting foreign elec- saw pact allies. something about the threat to Amer- tronic signals. In the parlance of intel- As I indicated, in the area of signals ican security. That nightmare under- ligence, this is the signals agency. intelligence, we became very adept at scores the importance of having the Five years from now, the NSA must listening to that big target. People have the ability to collect and exploit adequate capacity to analyze and con- were speaking basically in Russian. It electronic signals in a vastly different vert information into intelligence. was a culture that we understood and To address this problem, the com- communications environment than with which we had a long association mittee has added funds for the Assist- that in which we spent most of the sec- since John Quincy Adams was our Am- ant Director of the Central Intelligence ond half of the 20th century. Along bassador to the czarist court in St. Pe- Agency for Analysis and Production to with significant investment in tech- finance promising new analytical ini- nology, this means closer collaboration tersburg. Now, in the post-Berlin Wall period, tiatives that will be beneficial across with clandestine human collectors. If I could explain briefly, during the we are dealing with a wide diversity of the intelligence community. Cold War, the United States became ex- targets, not just one. Many of these are The amount authorized is a downpay- tremely adept at intercepting elec- targets with which we have not had a ment on a 5-year spending profile to re- tronic communications. Our system great deal of national history, and they build the community’s all-source ana- was largely based on communications speak many languages. In Afghanistan, lytical capability. The words ‘‘all- that would move over the airwaves. We for instance, in addition to English and source’’ refer to the fact that today would put a listening device between Arabic, there are at least six major do- there is a growing volume of informa- the sender and receiver and could ab- mestic languages. We are very defi- tion which is not clandestine, which is sorb massive amounts of information cient in our capabilities as a nation in available through the newspapers, with relative impunity. many of these languages. through other forms of public informa- Today, the computer and tele- We must increase the diversity of our tion, through the Internet. The chal- communication systems that NSA em- human intelligence, our spies. We must lenge for the analysts of today is to ployees will be attempting to intercept recruit more effectively to operate in take that open-source information and are much more difficult because they many places around the world where add to it the clandestine information do not use the old over-the-airwaves U.S. interests are threatened. The gathered by our variety of sources and system. To have the same level of elec- human intelligence system must be in- then produce a final intelligence docu- tronic surveillance today that we did tegrated into our other collection sys- ment which will add to the ability of even 10 years ago is going to require a tems, particularly, as I indicated, with the ultimate decisionmaker, whether it significant investment in new tech- our National Security Agency, in order is a military officer planning a combat nology. I mentioned, also, the linkage to gain effective access to new commu- action or whether it is the President of to human intelligence. It was rel- nications technology. the United States attempting to set a atively easy to eavesdrop on the old In addition, the Director of Central strategic direction for American for- communication technology. The new Intelligence must conduct a rigorous eign policy. That decisionmaker will be communication technologies will fre- analytical review of human intel- in a better position to make an in- quently require a human being to first ligence collection requirements in the formed judgment to benefit the people gain access to the machine that you future so that we can be proactive with of America. are trying to surveil, and then have the resources necessary to meet those The committee has also included that person who has gained access have requirements. The Director of Central funding to implement the National Im- sufficient technical capacity to be able Intelligence must implement a per- agery and Mapping Agency, known as to install the devices that are nec- formance measurement system to as- NIMA, which is the agency that col- essary to gain the information. So we sure that our collection efforts are lects imagery for intelligence purposes. are going to have to have a new genera- meeting the highest priority needs of We will fund internal modernization tion of human intelligence that has a our ultimate customers for intel- plans to support this imagery analysis significantly higher component of ligence—the President and military de- associated with the future imagery ar- technical expertise, especially in the cisionmakers. chitecture of our satellite system. communications area. Our third priority is addressing the The fourth and final priority for the The analysts—the ones who take this growing imbalance between collection intelligence community is providing information that is collected—must and analysis. Even with the defi- additional funding for a robust re- have sophisticated software tools to ciencies that I have mentioned in sig- search and development initiative. allow them to fully exploit the amount nals intelligence and human intel- Over history, one of the hallmarks of of data that will be available in the fu- ligence, we are still collecting a mas- American intelligence has been its ture. So our first objective is a con- sive amount of information on an hour- leadership role in world technology. tinuation of the 3-year effort to revi- ly basis. But the percentage of this col- The U–2, which was groundbreaking in talize the National Security Agency. lected information to that which is terms of aviation technology, was built

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11572 CONGRESSIONAL RECORD — SENATE November 8, 2001 by the CIA in just a matter of weeks it. The events of September 11 have in- I am deeply indebted to all of these when it was recognized that we needed creased the complexity as well as the individuals and to our entire com- to have an overhead capacity to ob- quantity of those challenges to our in- mittee staff for their dedication, pro- serve the Soviet Union, particularly telligence community. I urge my col- fessionalism, and commitment to pub- during the period that the Soviet leagues to support this legislation and lic service. Union was accelerating its nuclear pro- help it move to the President’s desk as I commend to our colleagues in the gram. expeditiously as possible so that the re- Senate the legislation which is the In- Many of the telecommunications ad- sources we are authorizing can get to telligence Authorization Act for this vances we now utilize and take for the community which needs them. fiscal year and urge its adoption. granted were first developed by the Na- I conclude by thanking some of those The PRESIDING OFFICER (Mr. tional Security Agency as part of our who have helped in the production of CORZINE). The Senator from Alabama. intelligence effort. this important legislation. First, as I Mr. SHELBY. Mr. President, the Over the decade since the fall of the have indicated, much of this legisla- world is a very different place than it Berlin Wall, it has been stated that the tion is built on the foundation of the was the last time Congress passed an intelligence community has often used work that has been done over the past intelligence authorization bill. As we its research and development budget as several years by our vice chairman, all know, we are now at war, but we are a bill payer for funding shortfalls in Senator RICHARD SHELBY. He has been not only at war, we are in a particular other programs and that we have sac- a valued partner and a good friend as kind of war: A war against global ter- rificed the modernization and the inno- we have worked through this legisla- rorism in which the lives of thousands vation of technology in the process. tion, as well as some of the other chal- of innocent Americans have already The committee has outlined a plan to lenges the committee has faced this been lost. reverse the intelligence community’s year. The members of the committee This war has turned some of the con- declining investment in advanced re- have played an active and constructive ventional wisdom on its head. In past search and development. The commit- role in the development of this legisla- wars, intelligence agencies served to tee’s classified annex includes a re- tion. support the warfighter. In this war, quirement for a review of several Our staff director, Al Cumming, our however, the intelligence agencies are emerging technologies to determine deputy director, Bob Filippone, and on the front lines all over the world. Good intelligence has always been what will provide the best long-term chief counsel, Vicki Divoll, have led critical in wartime, but the war we return on our investment. the effort to put this bill together, as fight today is an intelligence-driven The committee also encourages a have our budget director, Melvin one to a degree we have never seen be- symbiotic relationship between the in- Dubee, chief clerk, Kathleen McGhee, fore. This war has no front lines and telligence community and the private and security director, Jim Wolfe. I might say, our security director has the field of combat is global. sector using innovative approaches, Wherever terrorists and their sup- such as the CIA’s In-Q-Tel. In-Q-Tel is been especially challenged in the last few weeks as our offices are in the hot porters can be found, that is the battle- a venture capital fund, largely funded field. Never before have we demanded by the U.S. intelligence community, to zone of the Hart Building, and we have been evacuated for the past 3 weeks or have we needed so much from our in- stimulate new technologies through telligence services. I have been privi- private sector entrepreneurs. It shows while still maintaining security over a large volume of very sensitive docu- leged to serve as the chairman, and great promise. now the vice chairman, of the Senate I should also mention that there is a ments. I also thank Senator SHELBY’s staff Intelligence Committee. I treasure my fifth priority we have identified but to director, Bill Duhnke, for his work and relationship with the chairman, Sen- which we have not yet given the spe- assistance in putting this legislation ator GRAHAM. He has brought great, cific emphasis in this year’s legislation together. This committee has had a steady leadership to the committee. He as we will in the next. This area is re- long history of bipartisanship. We do is a veteran of the committee. He has ferred to as MASINT. It is the newest not have a Democratic staff or Repub- been there a long time, we have worked form of intelligence collection; that is, lican staff; we have ‘‘a staff,’’ and they together on a lot of initiatives, and we the collection of measurements and work together effectively to serve the are going to continue to do that. signatures intelligence. Senate and the American people. Some of what I have learned about MASINT encompasses a variety of We have faced some unique chal- our intelligence community over the technical and intelligence disciplines lenges this year. The shift of control in last 7 years that I have been on the that are particularly important in the Senate was handled professionally committee is very encouraging. It has countering the proliferation of weapons and smoothly by our members as well many truly outstanding people doing of mass destruction and their delivery as our staff. I again thank Senator very good work. Today it is working, system. While the committee recog- SHELBY for his great contribution to actually right now, to respond vigor- nizes the importance of this vital area that effort. ously to the unprecedented demands of intelligence, we are awaiting the The comprehensive review of the de- this war places upon it. But our intel- completion of a community-wide re- fense and intelligence budgets caused ligence community has changed far view of our MASINT capabilities which us to receive the administration’s less rapidly than the world around it. was required by the fiscal year 2000 in- budget request later than normal. This In too many important ways, it re- telligence authorization bill. This required our staff to work through the mains structured as it was during the study will include recommendations August recess and over the Labor Day cold war. for building a robust MASINT capa- weekend to prepare for our September The U.S. intelligence services were bility that will meet the challenges of 6 markup. crucial to our victory in the cold war, the 21st century. The anthrax contamination in the but times have changed and they keep Admiral Wilson, the Director of the Hart Building has forced us out of our changing. Defense Intelligence Agency, is leading offices for an extended period of time. Our intelligence system still remains this effort and has assured the com- Again, our staff has met the challenge wedded to the institutional fiefdoms mittee this review will be completed and continues to fulfill its obligations and information stovepipes of the past. and forwarded to the Congress in time under these challenging circumstances. Our intelligence community is still too to be considered as we prepare next I thank Mike DeSilvestro and his little of a community and too much of year’s authorization bill. We expect staff in the Office of Senate Security a freewheeling federation that lacks ef- that rebuilding our MASINT capability who have handed over some of their fective, centralized control and man- will be a priority item in next year’s space and have shared their offices agement. legislation. with our committee. We have a nominal Director of Cen- I am confident we have outlined a 5- I also thank Congressman PORTER tral Intelligence who has and appar- year plan that will rebuild and reener- GOSS, the chairman of our House coun- ently is resigned to having little au- gize our intelligence community so terpart committee, and his staff who thority over the community he is sup- that it can meet the challenges before have been equally accommodating. posed to head. Although the press of

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11573 events since the September 11 events will. Again, I commend Chairman GRA- could. Those nuclear devices were set have prompted our agencies to commu- HAM for his efforts in getting this bill off in the desert north of Las Vegas at nicate and to cooperate with each to the Senate today and managing it in the Nevada Test Site. other much better, we still have a very a professional way. Senator GRAHAM’s The Nevada Test Site area is larger long way to go before U.S. intelligence steady leadership of our committee has than the State of Rhode Island. This can effectively meet this new chal- been instrumental during a turbulent area has mountains, valleys, dry lakes. lenge. period on Capitol Hill and throughout It already has a facility for testing Helping our intelligence community the Nation. I thank him again for his chemicals. It has been there for a num- overcome these problems will be a efforts and look forward to continuing ber of years. It has worked extremely challenge for this Congress and the our close working relationship. well. You have large dormitories and President in the months and years At the end of the debate on this bill, restaurants handle the first responders ahead. This bill before us today em- I urge my colleagues to support it. It who will come to train there. bodies the Senate’s continued support will permit our intelligence commu- The facility also has a network of for the intelligence community, au- nity to continue its current operations tunnels through the mountains. They thorizing its appropriations for the while we work to lay the foundations were developed originally to set off nu- next fiscal year. It also represents a for a more capable intelligence commu- clear devices and they can now be used small first step in what will be our role nity that can meet the challenges as a place where training could be in driving significant reforms in U.S. ahead. done. Now they can be used to simulate intelligence, by helping set the stage I yield the floor. hardened underground bunkers like we for improved oversight. I suggest the absence of a quorum. saw in Iraq. This bill, for example, increases The PRESIDING OFFICER. The We need a top gun school for training Congress’s ability to evaluate allega- clerk will call the roll. first responders. There is a tremendous tions of wrongdoing within the Central The senior assistant bill clerk pro- facility in Alabama at Fort McClellan, Intelligence Agency by requiring the ceeded to call the roll. but it is limited as to what it can han- Mr. REID. Mr. President, I ask unan- CIA Inspector General to notify the Di- dle. We need a facility that can handle imous consent that the order for the rector of credible complaints against all the training necessary for first re- quorum call be rescinded. the agency. sponders. The Nevada Test Site can do I have not had the opportunity while Building upon the report our com- that. Already, first responders and spe- in the Senate to serve on the Intel- mittee recently produced on CIA ac- cial operations training is occurring ligence Committee. It is a tremendous tivities in interdicting illegal drug there. The energy and water bill we honor to serve on that committee. The flights in Peru, the bill before us also just completed includes $10 million to things worked on in that committee requires special reporting and certifi- help expand existing capabilities into a are extremely important to our coun- cations by the President for such inter- national antiterrorism center. There is try. They always have been, but even diction operations. also money in the Commerce-State- more so the last 2 months. I have great Additionally, the bill requires that Justice bill for this. national counterintelligence strategies admiration and respect for the bipar- A National Center for Combating and threat reports be approved by the tisan manner in which the Senator Terrorism will offer all the people and President before being submitted to from Florida and the Senator from Ala- organizations combating terrorism and the Congress. bama have handled this committee, es- the local first responders to the larger This bill is not a bill to revolutionize pecially during these most difficult Federal resources a place to come to- the intelligence community. That ef- times. gether and train for the wars taking fort will take time, but I believe it is I read in this morning’s paper there place today and in the future. It has it now inevitable. This is a bill to keep are efforts being made to do some con- all: Caves, tunnels, mountains, valleys. the intelligence community on an even solidation within the intelligence-gath- It is very cold in the winter, very hot keel while it tries to respond to the ering community in our country. As in the summer. The Nevada Test Site, challenges it faces today, and while we someone not on the inside of what goes without question, helped us win the work to help it change in the right on in the intelligence community, from cold war. ways. the outside it looked like a pretty good I have long been a strong supporter idea. I think one thing that should be I hope we will look at the Nevada of U.S. intelligence, and I am pleased done, and I have spoken both to the Test Site. I have a parochial interest, that we in the Senate continue to sup- chairman and the ranking member of no question. It is quite obvious. But I port it with special vigor in this time the committee, is this country needs to haven’t heard anyone tell me why this of crisis. We have more to do, however, recognize terrorism is here for awhile. idea is wrong. I think it needs to be and Congress will continue its tradi- We as a country need to recognize done. It is a facility that has tremen- tion of assertive oversight. It must. there are certain things we need to do dous potential. Today, more than ever, we need an in- to better prepare to handle what these The Nevada Test Site served our na- telligence community that is able to evil people are doing. As a first step, tion and helped it win the cold war. It overcome the tyranny of its conceptual we need to consolidate the training of can now help us fight the new wars we and institutional stovepipes. We need our Nation’s first responders as well. I face today and will face tomorrow. one that does not merely respond to believe the Nevada Test is the best I appreciate the consideration the our present emergency by doing more place to do that. two managers of this bill have given of the same, just with more money and I have spoken, as I said, to the two me in my conversations with them. I more people. That will not be enough. managers of this bill about this ideas. certainly stand ready, as do the con- A bigger and better funded status quo I have also spoken to Governor Ridge, tractor and the Department of Energy, is not good enough. The status quo has the terrorism czar, about this idea. I to make the facility available for those not and will not serve us well in a have spoken to the CIA Director. purposes. world of increasing and more diverse This Nevada Test Site has played an The PRESIDING OFFICER. The Sen- threats. important part in helping our nation ator from Florida. I believe we need management that is win the cold war. As you know, I was Mr. GRAHAM. I appreciate the re- able and willing to fight for the intel- born and raised in Nevada. As a little marks our colleague from Nevada, Sen- ligence community within the adminis- boy, I can remember getting up in my ator REID, has made regarding the con- tration and to reach out to unconven- town of Searchlight because we knew tribution the Nevada Test Site has tional thinkers. The time for ‘‘steady an atomic blast was going to go off. We made to our development of weapons as you go’’ is over, and we need leaders could see this bright orange thing in that were so critical to our success in who are not afraid to take on the ossi- the sky, and then we could feel the the cold war and its potential for serv- fied bureaucracies. force of that blast. We could not al- ing a role in the new war against ter- I believe Chairman GRAHAM and I ways feel it because sometimes it rorism. I appreciate the Senator’s in- agree that change must come, and it would bounce over us, but generally we terest in increasing our capabilities to

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11574 CONGRESSIONAL RECORD — SENATE November 8, 2001 wage and win this war. I assure him homeland of the United States—we are infinite number of vulnerabilities has our committee will give full attention going to need to have new organiza- actually been attacked before we start to this opportunity. I very much appre- tional relationships. Eventually it will the process of attempting to make it ciate the Senator having brought this be the responsibility of the Congress, more secure. We have been attacked in to our attention. since it was the Congress which created the last 2 months basically in two As the Senator from Nevada men- the old architecture, to be the prin- areas: The conversion of commercial tioned at the beginning of his remarks, cipal architect if we are to rebuild our aircraft into weapons of mass destruc- this will be a period of some funda- intelligence capabilities to deal with tion, and the use of the Postal Service mental questions about the future of the new challenges we face. to distribute anthrax. We don’t know the intelligence community and how it I look forward to working with Sen- yet what the origin of that second at- can be best organized to deal with the ator REID, Senator SHELBY, and our tack was. We are now responding. new world in which we will be living, as colleagues in doing that in the most ef- We have passed massive economic as- opposed to the world in which it has fective way and to be willing to put sistance to the airline industry. We spent most of its life to date, which aside old ideas—not because old nec- have now in conference legislation was the world of a single enemy that essarily means they are bad ideas but passed by both Houses in the area of we knew a lot about and that we had be willing to challenge those ideas with airline and airport security. We will considerable experience in attempting new thinking to prepare to deal with soon have a major bioterrorism bill be- to understand and respond to. new challenges. fore us, largely in response to the an- Mr. REID. Will the Senator yield? Mr. NELSON of Florida. Mr. Presi- thrax issue. Our Postal Service is now Mr. GRAHAM. I yield. dent, will the Senator yield? moving at the fastest possible pace to Mr. REID. The chairman of this com- Mr. GRAHAM. I yield. install technologies to check our mail mittee, the Senator from Florida, has Mr. NELSON of Florida. Mr. Presi- to see that it is safe. been Governor of one of the biggest dent, I want to echo the assistant ma- While we are doing that, and that is States in the United States. The State jority leader’s comments about the certainly appropriate, we cannot forget of Florida is not only large area-wise right man who rises to the top for the all these other vulnerabilities. If you but has the fourth or fifth largest num- times. had asked me 5 years ago what I ber of people in America. That gives Just to give an example in addition thought was the more likely to be the me confidence that the Senator, who to the one the Senator from Nevada target of a terrorist, a commercial air- has had to administer an extremely has already given about our former line or a container delivered at an large government, understands what is Governor having that unique experi- American seaport, I would have said happening with our intelligence capa- ence because of his experience in State the container. Why would I have said bility. Forty different entities are government, he understands now, that? Because the security standards in gathering intelligence information. uniquely, the vulnerability of the 300 our seaports are substantially less rig- I have significant confidence in the deep-water ports that we have in this orous than at airports and airlines, Senator from Florida being chair. Be- Nation because Florida itself has 14 even before September 11. cause of the Senator’s administrative deep-water ports. Just a few statistics. We have 361 sea- experience, he is a great legislator, al- We have passed out of our Commerce ports, as Senator NELSON has outlined. though being a great legislator does Committee a port security bill. It is Into those 361 seaports today and every not always mean being a good adminis- coming to the floor, hopefully, very day are delivered an average of 16,000 trator. It is extremely important for soon. Senator GRAHAM and I and Sen- containers from noncontiguous na- me to hear his thoughts based on expe- ator HOLLINGS will be offering an tions; that is, not from Mexico or Can- riences as the Governor of the State of amendment to significantly increase ada but from the rest of the noncontig- Florida, and learning how to consoli- the Federal grants for security and uous world. Of those 16,000, less than 3 date our intelligence information. I ap- loan guarantees to the tune of some percent are subject to close inspection. preciate the Senator being willing to several hundreds of millions of dollars If a terrorist wanted to use one of take the chairmanship of this most im- of grants, and to the tune, over a 5-year those containers as a weapon of mass portant committee. When the Senator period, of some $3.3 billion in loan destruction, as 757s were used as weap- took the chairmanship, he had no idea, guarantees. To do what? To try to ons of mass destruction on September as any of us, we would be in this war at make those ports more secure through 11, frankly his chances of detection this time. I look forward to improve- badging, through sophisticated detec- would be minimal. ments being made basically because of tion devices, through fencing, through I have gotten some criticism making our special abilities. guards, through gates, in addition to that same statement, suggesting that I Mr. GRAHAM. I appreciate those what the Coast Guard is already doing. am disclosing some confidential infor- kind remarks. We do have a major It is just another example of the mation of which the terrorists might challenge to see that the architecture leadership offered by the former Gov- rush to take advantage. I am certain of our intelligence agencies encourages ernor of Florida, now our senior Sen- the terrorists are well aware of those innovative thinking, that the Senator’s ator from Florida, and the chairman of statistics because they have been wide- idea which he brings forward today will the Intelligence Committee. ly reported. stimulate. I wanted to add that one comment to Mr. President, I ask unanimous con- I, too, was impressed with the article the comments of the Senator from Ne- sent to have printed in the RECORD an that appeared in today’s Washington vada about the right man for the time. article which appeared in yesterday’s Post about the recommendations being I would only say: Accolades to his New York Times, based on their anal- made to the President by a man for ranking Republican on the committee ysis of one relatively moderate-size whom I have great respect, Gen. Brent as well, Senator SHELBY, who has been port in America, the one at Portland, Scowcroft, which, as reported, will call a dear personal friend of mine since we ME, and its vulnerabilities. for a closer collaboration among the came to Congress together in 1978. I am There being no objection, the article intelligence agencies. That is some- confident in the leadership of our Intel- ordered to be printed in the RECORD, as thing that has long been recommended ligence Committee. follows: but difficult to achieve because we are I yield the floor. [From The New York Times, Nov. 7, 2001] asking agencies that have a piece of Mr. GRAHAM. Mr. President, obvi- THE SEAPORTS—ON THE DOCK, HOLES IN THE current intelligence jurisdiction to re- ously I am very touched by those kind SECURITY NET ARE GAPING lease their hold. remarks by my friend, colleague, and (By Peter T. Kilborn) However, if we are to do things as fellow Floridian, Senator NELSON. suggested by the Senator from Nevada, To speak to the broader point he PORTLAND, ME., Nov. 3.—The big cargo ships and ships with truck-size containers new ways of thinking, of training for a made, using the example of seaport se- pull up to docks where no one inspects their new and continuous war—not only a curity, one of the things we as a nation contents. Brown tankers from the Middle war being fought over there but a war cannot allow ourselves to lapse into is East steam into the bay, slide under a draw- that is being fought right here on the a practice of waiting until one of our bridge that bisects the Fore River and tie up

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11575 by terminals, tanks and a pipeline that car- tion, sometimes on the opposite coast, where For all this, much tighter seaport security ries the oil that heats Montreal. they travel unguarded by rail, barge and may prove impossible. Seaports cannot be se- In warmer weather, cruise ships like the truck. cured like airport, said Brian Nutter, admin- QE2 and the Royal Empress with up to 3,000 Last year, a government commission on istrator for the Maine Port Authority in Au- tourists park at piers on busy Commercial crime and security at seaports found similar gusta. ‘‘You can’t fence off the whole state of Street, right next to Portland’s lively down- weaknesses. The commission surveyed 12 Maine,’’ Mr. Nutter said. town. major ports including those of New York and Mr. GRAHAM. I think what we need For Portland’s officials, the scene, at least New Jersey, Miami, Los Angeles, New Orle- to do is, yes, we need to pass the Sea- before Sept. 11, was a point of pride, the sign ans and Charleston. of a strong economy and a proud maritime While withholding their identities for secu- port Protection Act and others. But heritage. Now it evokes fear and uncer- rity reasons, the report found that only our mentality needs to be one of antici- tainty. The unscrutinized containers, the three of the ports tightly controlled access pation and prevention, not one of wait- bridge, the oil tanks, the dormant but still- from the land and that access from the water ing to be hit and then respond. The radioactive nuclear power plant 20 miles was completely unprotected at nine of them. adoption of the Seaport Protection Act north of the harbor—all form a volatile mix The report also emphasized the hazards would be an example that we have not in a time of terrorism. posed by materials unloaded from ships. lapsed into a defensive mode but that The usual barrier is chain-link fence. ‘‘It ‘‘The influx of goods through U.S. ports pro- we are on the offensive; that we are keeps out the honest people,’’ said Paul D. vides a venue for the introduction of a host preparing to protect the American peo- Merrill, owner of a cargo terminal. ‘‘That’s of transnational threats into the nation’s in- what it comes down to.’’ The Port of Port- frastructures,’’ the report said. ple before they are subject to attack. land, Police Chief Michael Chitwood said, ‘‘is A tangled chain of authority further com- Mr. NELSON of Florida. If the Sen- a tinderbox.’’ promised security, the commission said, a ator will yield, I only underscore the Remote as it seems on the northeastern point echoed by the authorities in Portland. importance of his comments about the ear of the nation, Portland is not particu- ‘‘No one’s in charge,’’ said Jeffrey W. Mon- vulnerability of our deep-water sea- larly exceptional among the nation’s 361 sea- roe, director of transportation for the city. ports which are so often co-located ports. The ports of New York and New Jer- ‘‘There’s no central guidance.’’ with military facilities. As we look at And ports have a strong economic incen- sey, Miami, Long Beach, Calif., and Los An- the Port of Jacksonville, there are geles are much bigger and busier. Yet like tive to limit control. With the taxes that most ports, the one here is near a population cruise ships, tankers and other businesses major military facilities; Pensacola, center and it is packed with bridges, power pay, ports are the lifeblood of their commu- the same; Port Canaveral, right adja- plants, and combustible and hazardous mate- nities. Port authorities’ principal constitu- cent to the Cape Canaveral Air Force rials. encies are private industry and economic de- Test Station as well as the Trident All that makes ports among the country’s velopment offices, whose mission is growth, submarine turning base. greatest points of vulnerability. not security. ‘‘They win if they move more As Senator GRAHAM has pointed out, Even so, no national plan exists to thwart cargo,’’ Senator Hollings said. we have a real risk. How do we go attacks against them, to respond if one hap- In Portland, the seaport has been a boon, about determining what is in the con- pens or to organize a community afterward. generating millions of dollars a year in reve- No federal agency regulates seaports the way nues, Mr. Monroe said that in the past year tainer that might have started at the Federal Aviation Administration man- the bulk cargo business grew 10 percent, pas- Singapore, comes to the Port of Lis- ages airports. They are managed locally, senger traffic and oil imports both rose by 20 bon, is transferred around onto a dif- often by the private businesses that use percent. But the stalling economy and now ferent ship, and ultimately comes into them. All are overseen by a patchwork of the cost of heightened security have wiped one of our American ports? agencies, already stretched thin, some moni- out nearly all that the seaport and airport On the reverse we have had quite a toring hundreds of ships a day. contribute to the city budget. bit of success. Indeed, through a ma- Compared with the attention being given In Congress, the Hollings-Graham legisla- chine called a gamma ray machine to airline security, security at the ports has tion would help cities meet some of the cost gone largely unnoticed, even though they of securing their ports. It would give the which was set up initially to try to handle 95 percent of the cargo that enters Coast Guard regulatory control over ports, stop the smuggling and stealing— from places other than Canada and Mexico. require background checks of waterfront smuggling of stolen automobiles—the A bill to tighten port security has passed a workers and provide for 1,500 new Customs gamma ray machine takes an x-ray Senate committee. The full Senate could agents. picture of the container without the vote on the bill within two weeks, but the Before the September attacks, the seaport harmful side effects of radiation from debate has yet to begin in the House of Rep- industry’s principal lobby, the American As- x-rays. You can see exactly what is in sociation of Port Authorities, fought the leg- resentatives. the container as the truck pulls up be- ‘‘People in Congress don’t have any idea islation, arguing that it would impose one- it’s a problem,’’ said Senator Ernest F. Hol- size-fits-all security systems for all seaports. tween two poles. The picture is there. lings, Democrat of South Carolina, who is Though the group now supports many pro- The guard can check that against the chairman of the Commerce Committee and visions of the bill, it still has questions over manifest of what is supposed to be in co-sponsor of the bill with Senator Bob Gra- the matter of who controls security. Mean- the truck. ham, Democrat of Florida. ‘‘I’ve got folks while, ports have taken their own steps to Lo and behold, on the east coast of who don’t have ports in their states. It’s improve security. In Florida, Gov. Jeb Bush Florida there are some four or five hard to get it in front of their heads.’’ announced he would deploy the National gamma ray machines now set up, and Port officials are aware of various threats, Guard to oversee four of the state’s busiest it has virtually stopped all of the like using a tanker or fuel-loaded cruise ports. In California, Gov. Gray Davis tight- liner as a bomb, secreting weapons and ex- ened security around bridges. smuggling of stolen automobiles going plosives in containers, hijacking a ship and In Portland, officials and businesses have out of those ports. ramming it into a nuclear plant on the taken similar steps. Minutes before the If we can do that on the outbound shores of a river or infesting a cargo of grain drawbridge opens for a tanker, police officers cargo, clearly we have to figure out or seeds with a biological weapon. arrive to monitor both sides of the bridge. something for the inbound cargo be- Given the potential dangers, the security Fences are being repaired and installed. cause the vulnerability is there. measures in place are far from adequate. At the city’s International Marine Ter- I appreciate so much the leadership ‘‘We’re looking for needles in a haystack,’’ minal, where from May to October the Sco- of my senior Senator from Florida. It said Dean Boyd, a spokesman for the United tia Prince carries 170,000 passengers on 11- is a privilege for me to join with him States Customs Service. ‘‘And the haystack hour cruises between Portland and Yar- has doubled.’’ International trade has dou- mouth, Nova Scotia, visitors used to roam and Senator HOLLINGS to try to en- bled since 1995 while the number of people to freely around the pier. Now only passengers hance this legislation as it comes to handle inspections has remained roughly are allowed there, and then only after they the floor. constant, he said. and their baggage are cleared by metal de- Mr. GRAHAM. Mr. President, if I The Coast Guard patrols coasts and har- tectors and bomb dogs. The pilings below the could just conclude with, again, my ap- bors but little of the land or the cargo. It pier are now illuminated at night. preciation for the very generous re- checks out ships coming in from the open sea For its part, the Coast Guard now focuses marks of my friend and colleague, and but has no way of thoroughly searching ev- primarily on harbor security. It requires ves- also to relate what he has just said to erything that comes by. sels weighing more than 300 tons to notify The Customs Service says it can inspect the port 96 hours before arrival. The big the subject that is before us, which is only 2 percent of the 600,000 cargo containers ships also must fax crew lists, said Lt. Cmdr. the intelligence authorization bill. that enter seaports each a day on more than Wyman W. Briggs, executive officer of the The PRESIDING OFFICER (Mr. NEL- 500 ships. Of the 2 percent, many are not in- guard’s facilities in Portland. The crews of SON of Florida). The Senator from Flor- spected until they reach their final destina- fishing boats must carry picture ID’s. ida.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11576 CONGRESSIONAL RECORD — SENATE November 8, 2001 Mr. GRAHAM. The fact is, even with very close eye on hot spots around the of urgency, and the general under- the sophisticated technology that our world, obviously including places such standing of the importance of intel- now-Presiding Officer just described, as the Middle East. ligence, particularly in the area of ter- there is still a tremendous burden on There are four priorities in the bill. rorism. This bill addresses those needs, intelligence. They should remain our priorities. The and I am certain will provide a frame- I visited some time ago in the course first is we revitalize the National Secu- work which will allow the intelligence of my interest in seaport security what rity Agency. That was done. community to work towards protecting is the largest port in the world at Rot- We correct deficiencies in human in- our Nation from those who would do it terdam, which uses a very advanced telligence. That is being addressed. harm, whether rogue nations or sub-na- level of technology. But they can only We address the imbalance between tional terrorist groups. inspect a relatively small percentage of collection and analysis. We have talked The bill addresses some of the dif- all the containers that come into that about that for a long time. ficult issues that confronted the com- port. So they must depend upon intel- We provide sufficient funding for re- mittee during the past year with bal- ligence information to allow them to search and development. All of those ance and firmness. identify which of those thousands of are addressed. It contains language that addresses containers that are arriving every day As I indicated, we need the resources the specific, and systemic, short- at Rotterdam are the ones that are the not just now, but there will be prob- comings which led to the tragedy last most suspicious and, therefore, need to ably more needs in the future. That is spring when a civilian airplane was ac- have this advanced technology applied. being done through the supplemental cidentally shot down in the course of a While part of the Sea Port Security appropriations process, as it should be, CIA-sponsored counterdrug operation. Act is going to give, hopefully as but I just put our colleagues on notice It accomplishes this by requiring the quickly as possible, to all of our ports this is going to be a continuing situa- President to certify that appropriate significantly better technology, we are tion. safety procedures are in place, adhered still going to be relying on intelligence This is my first year on the Intel- to, and that the program, should it to focus on which of those containers ligence Committee. I have to say I am continue, is necessary to our national to which that technology would need extraordinarily impressed by the dili- security. to be applied. The legislation before us gence of the committee, by the people The bill contains language directing is a significant step in increasing our who are on it, including the Presiding the Department of Justice to perform a capability to provide that intelligence Officer, and the vigor and emphasis thorough review of current law con- to seaports as well as to thousands of which they bring to their work. It is a cerning the unauthorized disclosure of other American vulnerabilities. committee that not a lot of people classified information. This will allow Mr. ROCKEFELLER. Mr. President, I know a great deal about, but it does the administration to carefully address rise to support S. 1428, which is the in- very important work. the pernicious problem of recurring un- telligence authorization bill, and to I urge my colleagues to support this authorized disclosures in a measured and thoughtful manner. Should it be congratulate particularly Senator BOB bill. I thank the Presiding Officer, and necessary for the Congress to revisit GRAHAM from the State of Florida for I yield the floor. his excellent leadership on this whole Mrs. FEINSTEIN. Mr. President, I this issue, our efforts will be assisted by the results of the Department of matter. rise in strong support of Senator GRA- We all know the work of the Intel- HAM’s bill authorizing appropriations Justice review. The bill, and its classified annex, au- ligence Committee and the work of the for intelligence for fiscal year 2002. thorizes funding appropriate to the ex- intelligence community, more particu- The Senate Select Committee on In- tensive, and often expensive, respon- larly, is incredibly important at all telligence, on which I serve, and which sibilities we have asked the intel- times and, obviously, after September Senator GRAHAM chairs, is a unique ex- ligence community to carry out. There 11, it has become a matter of national pression of the vital role the United has been much said publicly about the survival in many respects. So this is an States plays in the critical field of na- tional security. Much of our pro- size and scope of our intelligence budg- extremely important bill and a very et, and there remains reasonable argu- ceedings are, by necessity, secret, and good one. ments on both sides as to whether the We rely on the people in the intel- our committee’s business is often con- intelligence budget should remain clas- ligence community in every way. We ducted behind closed doors. That said, I sified. However, I want to take this op- often do not think about it, although am proud of the fact that in this coun- portunity to assure my colleagues, and we have thought about it more in the try the activities of the intelligence all Americans, that the intelligence last couple of months. They support services, so important to national secu- budget is not created in a shadowy vac- the U.S. military actions in Afghani- rity, but potentially so dangerous to uum, but in a process that allows the stan; they work with other countries to our precious civil liberties, are author- legislative branch meaningful insight track down and arrest terrorists and ized by the people’s representatives in into, and final authority on, the intel- disrupt all kinds of attacks which we Congress. The bill before us today is the result ligence budget. may not hear about because they did Finally, I look forward to working of that process. Under the able leader- not occur; they assist law enforcement with my colleagues on the committee ship of Chairman GRAHAM and Vice agencies with the anthrax investiga- in performing the necessary follow-on Chairman SHELBY, the Intelligence tion; they follow the finances of ter- to passage of this bill—the vigorous Committee has delved deeply into the rorist organizations allowing the De- oversight of the operational and ana- activities of our intelligence agencies, partment of the Treasury to freeze as- lytic efforts that will carry out the au- reviewing their operational efforts, sets with accurate and proper informa- thorized direction contained in this their resource needs, and the legal and tion, and they are leading the hunt for bill. the leaders of al-Qaida. regulatory structure within which they The PRESIDING OFFICER. Without The intelligence community has operate. This bill was crafted in the objection, the two reported committee surged its efforts to support this war, light of that inquiry, and I believe rep- amendments are agreed to. but it is also now obviously been called resents a well-conceived and workable The Senator from New Hampshire. on for enormous amounts of new re- plan to support the critical intel- AMENDMENT NO. 2114 sources just to meet the day-to-day re- ligence needs of our country. Mr. SMITH of New Hampshire. Mr. quirements they had before September Many have said that, after the tragic President, I send an amendment to the 11. events of September 11, ‘‘everything desk. We continue to collect and analyze changed.’’ That is not completely true, The PRESIDING OFFICER. The counterproliferation, counternarcotics for an effective and well-supervised in- clerk will report. and international organized crime. We telligence structure was essential to The legislative clerk read as follows: collect intelligence regarding our tra- our national security before September The Senator from New Hampshire [Mr. ditional state adversaries, such as 11, and remains so after the attacks. SMITH] proposes an amendment numbered North Korea and Cuba, and we keep a What did change, however, is the sense 2114.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11577 Mr. SMITH of New Hampshire. Mr. torney General shall submit a report to Con- Terrorist Removal Court that render President, I ask unanimous consent gress on the utilization of the Alien Ter- the court ineffective and useless. that reading of the amendment be dis- rorist Removal Court for the purposes of re- Let me repeat again that today under pensed with. moving alien terrorists from the United States through the use of classified informa- the Alien Terrorist Removal Court, if The PRESIDING OFFICER. Without tion. we gather information that an alien objection, it is so ordered. Mr. SMITH of New Hampshire. Mr. terrorist may be committing a crime, The amendment is as follows: President, this amendment really has or is prepared to commit a crime, or is (Purpose: To provide for new procedures for two very simple provisions. There ex- getting ready to do some terrorist act the removal of alien terrorists and the pro- ists now what is called an Alien Ter- against the United States, that indi- tection of United States citizens from vidual must have the intelligence sum- international terrorism) rorist Removal Court which was set up to remove alien terrorists from our mary presented to him, which could At the appropriate place in the bill, insert and many times does compromise the the following: country. The problem is no one is using the court. The reason for that is we are sources and methods of gathering intel- SEC. ll. ALIEN TERRORIST REMOVAL ACT OF ligence. 2001 required under the law to submit to the (a) SHORT TITLE.—This section may be terrorists a summary of the intel- My amendment would say that a cited as the ‘‘Alien Terrorist Removal Act of ligence we gathered on him and how we judge would look at that summary, and 2001’’. got it. Obviously, if the terrorist gets that judge would say, yes, this would (b) FINDINGS.—Congress makes the fol- that information, then the people who compromise their sources and methods. lowing findings: So we will deport the alien—not a U.S. (1) In 1993, international terrorists tar- provided that information are going to be killed or their lives will be at risk. citizen—based on the recommendation geted and bombed the World Trade Center in of the judge. New York City. My amendment provides that an (2) In 1996, Congress enacted the independent Federal judge would take The second provision is that we get a Antiterrorism and Effective Death Penalty a look at the information and decide report every 6 months on how often Act, which established the Alien Terrorist that it could not be shared but that the this court is being used. That will Removal Court for the purpose of removing person should be deported. allow us to track the effectiveness of alien terrorists from the United States based That is the first provision of my how this court is working. Right now it on classified information. amendment. is not working at all. We have a court, (3) On May 28, 1997, the Court adopted The second one provides that every 6 and no one is using it because the in- ‘‘Rules for the Alien Terrorist Removal months we get a report back from Jus- Court of the United States’’ which was later telligence community simply will not amended on January 4, 1999. tice on how the terrorist court is work- compromise their people, nor should (4) The Court is comprised of 5 United ing, how often the court is being used, they, nor their sources and methods. States District Judges who are designated by and so forth. In 1994, to provide a little history, I the Chief Justice of the United States to That is really all there is. sponsored legislation to create this hear cases in which the United States seeks I want everyone to understand that court. The legislation established spe- the removal of alien terrorists. the amendment is quite simple. We are cific procedures for the removal of (5) On September 11, 2001, terrorists hi- trying to work out an agreement on jacked 4 civilian aircraft, crashing 2 of the alien terrorists without disclosing sen- both sides. So far, that has not oc- sitive intelligence data and also pro- aircraft into the towers of the World Trade curred. In view of the fact that we still Center in the New York City, and a third tected those sources and methods. I into the Pentagon outside Washington, D.C. have not done that, I am going to ask didn’t get anywhere with it in 1994. In (6) Thousands of innocent Americans and for the yeas and nays on my amend- 1996, I succeeded in getting a version of citizens of other countries were killed or in- ment at this time. this legislation added to the jured as a result of these attacks, including The PRESIDING OFFICER. Is there a Antiterrorism Act. That bill became the passengers and crew of the 4 aircraft, sufficient second? law. The court was established. workers in the World Trade center and in the At the moment, there is not a signifi- Pentagon, rescue worker, and bystanders. cant second. The intent was to set up a Federal (7) These attacks destroyed both towers of Mr. SMITH of New Hampshire. Mr. court that specialized in the identifica- the World Trade Center, as well as adjacent President, in the way of introduction, I tion and expulsion of aliens who are buildings, and seriously damaged the Pen- applaud the efforts of our intelligence terrorists from the territories of the tagon. community to fight this war against United States. But my idea never be- (8) These attacks were by fair the deadliest came reality. We created the court, and terrorist attacks ever launched against the terrorism. Under very difficult cir- cumstances, they are doing an out- nobody used the court because of this United States and, by targeting symbols of business about the summary having to America, clearly were intended to intimidate standing job. They have a tough as- our Nation and weaken its resolve. signment, not knowing from one day to be provided under the law. We need to (9) As of September 11, 2001, the United the next where a terrorist may strike. go to the next level beyond the court. States had not brought any cases before the We know there is a network of terror- We created the court. Now let’s allow Alien Terrorist Removal Court. ists right now in America. There are a the court to work and allow the intel- (10) The Court has never been used because lot of brave people in the intelligence ligence community to do what it has to the United States is required to submit for community who are working night and do to get these people deported. judicial approval an unclassified summary of The Alien Terrorist Removal Court is the classified evidence against the alien. If day to make sure the events of Sep- too general, this summary will be dis- tember 11 are never repeated. Of staffed with judges and is empowered approved by the Judge. If too specific, this course, we can’t make those guaran- to prosecute alien terrorists. As you summary will compromise the underlying tees. The best way to have a situation well know, since that 1996 law was classified information. where we can see that it doesn’t hap- passed there have been zero prosecu- (11) The notice provisions of the Alien Ter- pen again is to provide the support the tions. rorist Removal Court should be modified to intelligence community needs to fight It is hard to believe, especially today, remove the barrier to the Justice Depart- that this mechanism to fight terrorism ment’s effective use of the Court. this war against terrorism. has yet to be utilized by the Federal (c) ALIEN TERRORIST REMOVAL HEARING.— My amendment under the intel- Section 504(e)(3) of the Immigration and Na- ligence authorization bill is a tremen- Government to prosecute even one tionality Act (8 U.S.C. 1534(e)(3)) is amend- dous tool in that fight against ter- alien terrorist. That is the part that ed— rorism and to see to it that aliens are frustrates me. It is not a comment (1) by striking ‘‘(A) USE.—’’. deported—not U.S. citizens, but aliens against the intelligence community. (2) by striking ‘‘other than through ref- who are in this country participating, They are put in the position. They erence to the summary provided pursuant to if you can believe it, in these networks come in, and they say, we have this in- this paragraph’’; and formation that this person or that per- (3) by striking subparagraphs (B) through of terrorism. All we are asking for is (F). that they be deported—sent back son is going to do something. They are (d) REPORTS TO CONGRESS.—Beginning 6 home. damned if they do and damned if they months after the date of enactment of this That is what the amendment does. It don’t because if they provide the infor- Act, and every 6 months thereafter, the At- will remove provisions from the Alien mation, they compromise their own

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11578 CONGRESSIONAL RECORD — SENATE November 8, 2001 sources and methods. If they don’t pro- tion established specific procedures for the 1995, I was a cosponsor of his bill. He vide it, we can’t deport them. So they removal of alien terrorists without dis- has been a leader on this issue, he stay. closing sensitive intelligence data to the ter- passed his legislation, and the Court I believe there are some aliens we rorist and his organization. In 1996, I suc- was created. have been able to deport. Perhaps—who ceeded in getting a version of this legislation added to the Antiterrorism and Effective Mr. SMITH of New Hampshire. That is knows. We will never know—some of Death Penalty Act (8 U.S.C. 1531–1537). That correct. As the leader knows, there are the ones who committed that heinous bill became law and the court was estab- some changes that are needed to im- act on September 11. lished. My intent was to set up a Federal prove the law, which is what my But there are legitimate reasons the court to specialize in the identification and amendment was going to be about. court has not prosecuted any cases. expulsion of alien terrorists from the terri- Mr. LOTT. I understand, and I agree Some of the reasons are from weak- tory of the United States. Unfortunately, my that the law needs to be strengthened. ening amendments that were made idea never became a reality. Mr. SMITH of New Hampshire. Mr. prior to the bill becoming law, which The Alien Terrorist Removal Court is President, I would say to my col- staffed with judges and is empowered to also was disturbing. But I don’t want prosecute alien terrorists. As you well know, leagues, all the tools we are giving to to go back and criticize. Hindsight is however, in the years since that 1996 law was the Justice Department in this bill are cheap, and armchair-Monday-morning passed, there have been zero prosecutions by irrelevant if we cannot deport these quarterbacking is not what I want to the court. It is hard to believe, especially terrorist who are living in our country do. I don’t want to go back and com- today, that this mechanism to fight ter- preparing to terrorize American citi- plain to any Senator or to any Con- rorism has yet to be utilized by the Federal zens. Page 162 of the bill says the At- gressman about weakening legislation. government to prosecute one alien terrorist. torney General shall place an alien in There are legitimate reasons why this But we are in a different world now. court has never prosecuted one case—many removal proceedings within 7 days of The world has changed. September 11 resulting from weakening amendments that catching him, or charge him with a changed us forever. We need to respond were made prior to the bill becoming law. criminal act, or else the bill says ‘‘the to that change and be willing to take a The most glaring shortfall of the court is Attorney General shall release the new look, a fresh look at this. that too many rights are given to the ac- alien.’’ Mr. President, the problem is I am not casting stones at anybody. cused alien terrorist. I have been informed that most of these terrorist have not If we could all predict the future, we that the notice requirements and other pro- committed criminal acts until they are would probably all be doing something cedural obstacles that force the Federal gov- ready to attack. Therefore, in most of other than what we are doing. So I ernment to disclose classified information render this court useless. I believe this Court these cases, the only option is to de- want to make it very clear, this is not can be an effective tool in our terrorism pro- port them. about criticizing anybody’s position in gram, and I want to work with you to rem- Mr. LOTT. It is my opinion, that if we the past or criticizing the intelligence edy any problems with the law, and begin can deport known terrorist, we should community at all. using the Court to rid our nation of terror- do it. We cannot let the Justice De- But the most glaring shortfall of the ists. partment be barred because the evi- court is that too many procedural pro- I would appreciate your suggestions for im- dence was too sensitive to use in Court. provements that would make this court an tections are given to the accused alien Mr. SMITH of New Hampshire. That is at the expense of the rest of us. These effective instrument in the fight against ter- rorism. Again, John, thank you for all of exactly the problem. Under current are not U.S. citizens. I make that your exemplary work on this issue and I look law, the Justice Department would clear. forward to working with you. have to give a declassified summary of I have been informed that the notice Sincerely, all the secret evidence used in the de- requirements and other procedural ob- BOB SMITH. portation proceedings to the terrorist. stacles that force the Federal Govern- Mr. SMITH of New Hampshire. Sub- Now, why would we compromise our in- ment to disclose classified information sequent to that letter, I had a con- telligence sources and methods by re- just basically renders the court useless. versation with the Attorney General. vealing sensitive intelligence informa- The court can be a very effective tool The Attorney General is supportive of tion to a known terrorist? The intel- in our antiterrorism program, includ- this provision because it will help them ligence community would never allow ing everything we have been talking to do their work. it, and with good reason. But as a re- about, not only in this bill but in the Republican Leader LOTT and I had a sult, the Justice Department has never other legislation that we just passed in colloquy in this Chamber during a re- once used the alien terrorist removal the antiterrorism bill. We can make it cent debate on antiterrorism. We had a court to deport anyone. so much more effective with this kind conversation in which he agreed with Mr. LOTT. That is my understanding, of support. me and supported my provision. and it is a serious problem. I am in Case in point: I wrote a letter to At- Mr. President, I ask unanimous con- complete agreement with the Senator. torney General Ashcroft on September sent that colloquy be printed in the Mr. SMITH of New Hampshire. Mr. 17, which, of course, was right after the RECORD. President, I thank the Leader. As I terrorist attacks, and informed him of There being no objection, the mate- said, it had been my intention to offer this whole issue of the Alien Terrorist rial was ordered to be printed in the an amendment to resolve this problem Removal Court and what was needed. RECORD, as follows: by eliminating the requirement for the Mr. President, I ask unanimous con- [From the Congressional Record, Oct. 11, Attorney General to give this sensitive sent that letter be printed in the 2001] information to the alien terrorist be- RECORD. ALIEN TERRORIST REMOVAL COURT fore deporting him. However, upon dis- There being no objection, the letter Mr. SMITH of New Hampshire. Mr. cussions with the Attorney General, was ordered to be printed in the President, it had been my intention to who indicated to me that he supports RECORD, as follows: offer an amendment which would this provision, and after discussions U.S. SENATE, strengthen provisions in the bill to with the Leader, I have decided in the Washington, DC, September 17, 2001. deal with known terrorist aliens. As interest of moving this legislation to Hon. JOHN ASHCROFT, Senator LOTT well remembers, we withhold my amendment at this time, Attorney General, Washington, D.C. 20530. worked in 1996, created the Alien Ter- with the assurance of the Leader and DEAR JOHN: Please accept my heartfelt ap- rorist Removal Court, to hear cases the Administration that we will work preciation for the hard work that you and against aliens who were known ter- to solve this problem in conference. the rest of the Department are doing to hunt rorist and to allow the Justice Depart- Mr. LOTT. Let me say to the Senator down the terrorists who have attacked our ment to deport these aliens without di- that he can count me as a cosponsor of great nation. It is a sincere comfort to me, vulging classified information to the this amendment. It is an excellent as I know it is for other Americans, to know terrorist organization. amendment, it is needed, and I commit that we have such a capable team in place to Mr. LOTT. I know the Senator from to the Senator that I will do my best to lead us through this trying time. My prayers are with you. New Hampshire has been working a see that it is added in conference. I In 1994, I sponsored legislation to create an long time on this issue. In fact, when would further say to the Senator that I Alien Terrorist Removal Court. This legisla- he sponsored this legislation back in have also talked about this issue with

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11579 the Attorney General, and he indicated there; they have not committed an act are not given access to any classified to me that the Administration sup- yet, but we know who they are. Why information at that hearing which is ports your amendment and that he will not deport them. These are not U.S. going to cause them to take the lives also work to support it in conference citizens. We are not taking away their of those who have provided that infor- when we get to that point. So, I appre- rights. We are taking away their visas. mation or somehow compromise the ciate his withholding at this time so They are guests in our country. They methods of collection. we can get this bill to conference where have visas. I also want to make sure they do not we can work to get the Smith amend- Those terrorists who committed get to do the terrible things that they ment added to greatly improve this those crimes were guests in our coun- are planning to do, as they did on Sep- bill. try, if you can believe that. They were tember 11. Mr. SMITH of New Hampshire. I thank guests. So why can’t we take their So my amendment provides for re- the Leader for his strong support, and visas and send them back to some ports to Congress on the Justice De- I am pleased that the administration is other place where, if they want to com- partment’s utilization of the court. If also supportive. I know how many long mit it wherever they came from, fine, we can put a provision in there that hours the Attorney General is putting but keep them out of here. That is says—I want my chairman to under- in on this issue, and how committed he what we need to do. Let the other stand this because I know he may have is to winning this war on terrorism. I countries they came from take care of a concern or two—if we can say to the look forward to passing this important them and stop them, but don’t let them court, report back to Congress and let provision which will be an invaluable come in here with their visas and do us know how you are utilizing the tool for the Attorney General and the these kinds of horrible things. That is court, if it is abused, we are going to President in this war. what I am trying to do, get at this know that. If we do not think the alien Mr. SMITH of New Hampshire. This sleeper cell, the network out there. got the right decision from the judge, court was created in 1996, as I said, as Frankly, we are spying on them. Of we are going to hear about that. part of the Antiterrorism and Effective course we are. And it is the right thing We are going to be able to monitor Death Penalty Act. Since 1996, the Jus- to do. But they are aliens. We do it this every 6 months. If we can trust tice Department has used the court, as with good reason—because we have spe- Federal judges to enforce our Federal I said before, not once—not even one cific information from our intelligence laws in our country, we ought to be time—to deport any alien terrorist or community. able to trust them to look at a piece of suspected alien terrorist. Again, the The intelligence community gets intelligence and decide whether some- reason is because they have to com- this, and they cannot act on it because body should be removed or not without promise their sources and methods to to act on it would compromise their sharing that intelligence. So I am do it. They do not want to do that and own people and their methods of collec- hopeful we can get this done. I don’t blame them. Therefore, the tion. To not act on it means they stay Let me address the issue of due proc- alien stays here, and we have to wait here. So that is where we are. That is ess because this always comes up. I until he commits a crime before we can why not one case has been brought to have been criticized for being some- then arrest him or deport him, what- court since my legislation created it in body who wants to take the civil lib- ever the courts chose to do. 1996. erties from every American. I am not So, again, this amendment that I am Who are these sleeper cells? We have trying to take anybody’s rights. I am offering strikes the provision of exist- seen a lot of them. These are guys that trying to take their visas before they ing law that allows an alien terrorist took flying lessons in Florida, who take our lives. Is there anything wrong to get access to a summary of classi- seemed to be reputable people, with with that? fied information. families, just going about their busi- Let me repeat that because it is very It is interesting because you will ness. They could be a student here on a important. I am not taking away any- hear some critics of my amendment visa. They could be here on a work body’s due process. I am not taking say: A summary is OK. We can take a visa. And they are very careful; they do away their rights. I am taking their summary and we can modify it, and we not break any laws. They do not want visas. They are guests in our country. can take out sources and methods. We to bring any attention to themselves. They have been law-abiding people who can do all these necessary things to They do not get speeding tickets or rob have not committed a crime but are make this good. banks or commit murders. They stay plotting one—as we saw on September I submit to you, in some cases sum- nice and cool and stay out of trouble. 11, a big crime, a massive crime, a hor- maries are acceptable. We get them all They are good. They keep their hands rible, detestable act against innocent the time. I know that the Senator from clean. Then they focus on the horrible Americans. Florida, the chairman of the Intel- act of terrorism, as we saw on Sep- If we had a court—and we don’t know ligence Committee, gets them. We see tember 11. that we would have gotten those peo- summaries. Sometimes you can take a These are smart people. They know ple—that had the ability, maybe we summary and get enough information. what they are doing. And we have would have broken up that network. I Oftentimes, Senators look at sum- smart people who know how to catch am not saying we would have or could maries of intelligence. We do not see them. But we have to give the intel- have, but we might have. That is really the raw intelligence and that is fine. ligence community the tools to do the issue: Are there any more plans But in this case, it is not fine be- that. such as this? Who can we monitor? How cause, let’s say, for example—and this So how does the Government pros- many people are out there who we are is a totally fictitious example—there is ecute an alien who is planning an act watching right now that we would like a conversation taking place between of terrorism—an alien who has com- to deport but cannot deport without four people, and one of those people is mitted no criminal act, nor has that compromising those methods? a U.S. intelligence agent, and the three alien violated his or her visa? How do I think this passes constitutional others are in a terrorist network. If we we get them? Again, with the Alien muster. There will be some who will reference any of that conversation, Terrorist Removal Court. They have differ. That is the beauty of the Sen- even in a summary, the others are good Federal judges. Our court has one ate. We have people who differ on ev- going to know that one of the four is a judge. If somebody wants to make that erything. It is like two lawyers. They U.S. agent. If they know that, then a two or three judges, I do not object to won’t agree on everything. They al- bin Laden might wipe everybody out that. I trust that the Federal judge can ways find something to disagree about. just to be sure we get the suspect here. look at that intelligence and say: I respect that, but I believe it passes So it does risk our intelligence per- Whoops, wait a minute, we cannot pro- constitutional muster. I believe others sonnel, and we cannot afford that. vide that. We have to get this guy out do as well and who have said so. So my intent is to prevent the so- of Dodge, get him out of here. Remember, we are talking about a called ‘‘sleeper cell’’ of alien terrorists These sleeper cells are law-abiding. civil and not a criminal matter. We are from committing an act of terrorism. A That is the interesting part. They are talking about aliens who have no con- ‘‘sleeper cell’’ means they are out law-abiding. I want to make sure they stitutional right to a quasi-criminal

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11580 CONGRESSIONAL RECORD — SENATE November 8, 2001 proceeding to remove that alien if that The Federal judge, not the alien ter- counterterrorism resources effectively. In alien is involved in terrorism. That is rorist, has access to view all the classi- the past few years, Congress has authorized important to understand. We are not fied information, and he or she can billions of dollars for new equipment and for thousands of personnel in law enforcement talking about U.S. citizens. That is an- make a determination on the merits of and intelligence agencies. This year alone other issue. That is another venue, an- the Government’s claim. The Govern- Congress authorized $10 billion before the at- other court, another methodology. ment’s interest in not disclosing highly tacks for counterterrorism efforts. That does not apply. Both the fifth and classified and sensitive information is American law enforcement and intel- fourteenth amendments prohibit Gov- outweighed by the alien terrorist’s ligence agencies have scored several big wins ernment actions which would deprive right to see the evidence. Think about against terrorists, jailing some and foiling ‘‘any person of life, liberty or property that. Let me repeat that: Under cur- the plots of others, Michael Cherkasky, a former New York state prosecutor who in- without due process of law.’’ The Alien rent law, the Government’s interest in vestigated terrorist activities, says federal Terrorist Removal Court has the nec- not disclosing highly classified and agents have known for years that suicide essary procedural safeguards to protect sensitive information is outweighed by bombers had changed their habits, living an alien terrorist’s due process rights. the alien terrorist’s right to see the seemingly normal lives here, but says agents If life, liberty, or property is at evidence. That shouldn’t be. It should failed to understand the terrorists’ deadly stake, the individual has a right to a be the other way around. The Govern- intentions. Cherkasky cites the evidence introduced in fair procedure. Again, this is not about ment’s interest should outweigh the a recent terrorist trial in New York—a train- his life. This is not about his liberty. terrorist’s interest. It is the people’s ing manual from bin Laden’s al Qaeda ter- This is not about his property. It is interest, not just the Government. It is rorist network. ‘‘The al Qaeda manual says about his visa. the interest of 260 million American you have to act nonreligious,’’ Cherkasky The interesting irony is that—and I people. explains, ‘‘shave your beards, fit in as middle hesitate to use the term ‘‘law-abiding When one balances the interest of the class.’’ citizens’’—but these horrible people But it wasn’t just behavior, it was targets alien terrorist versus the interest of that went undetected. The government was who did these things on September 11, the Government to prevent the disclo- caught flat-footed in several major terrorist at the time, were law-abiding citizens. sure of sources and methods to ter- attacks, current and former intelligence offi- They were very careful to keep their rorist cells, such as al-Qaeda, and to cial say. Among them; the bombing of the noses clean in America until they did prevent the killing of human resources USS Cole last year, the bombings of the two what they did. That is why we must de- by these terrorist organizations, that East African embassies in 1998, and the Sep- port them when we know they are in- is when this should kick in. It is the tember 11 attacks on the World Trade Center volved in planning, plotting, thinking rights of the terrorist versus the rights and the Pentagon. A review of the govern- ment’s efforts against international ter- about plotting, or are involved in meet- of the Government and the people. rorism shows that they have been hobbled by ings that are plotting, or whatever, Sometimes they clash. In the case of a bungled investigations and poor intelligence terrorist acts. person committing or persons wanting analysis—or, in some cases, no analysis at So this court has the necessary pro- to commit a terrorist act, they have all of critical documents accumulated by in- cedural safeguards to protect an alien’s clashed. It is more important that we vestigators. due process. And I am very confident protect the information and err on the That disturbs several former senior Justice Department and FBI officials who were ac- about that. side of caution, that we don’t cost Liberty is freedom of action by phys- tively involved in counterterrorism inves- more lives. That is what my amend- tigations during their careers. They believe ically restraining an individual—de- ment is about. that U.S. intelligence agencies may have had porting or imprisoning—or a denial of a I have an article which I ask unani- sufficient information to prevent the deadly right with special constitutional pro- mous consent to print in the RECORD. attacks on the World Trade Center and the tection, such as freedom of speech. There being no objection, the article Pentagon—if only they had understood what From the case Mathews v. Eldridge, was ordered to be printed in the they had. John Martin, the former top na- tional security prosecutor for the Justice 1976, there is a procedural due process RECORD, as follows: Department, says the government eventually test. There are three factors: No. 1, pri- [From U.S. News, Oct. 1, 2001] vate interest; No. 2, risk of deprivation will get to the bottom of why intelligence FINGER-POINTING, FINGERPRINTS and law enforcement agencies did not pre- of interest; and, No. 3, Government’s THE HUNT FOR EVIDENCE AND, HARD ON ITS vent the attack. And, he thinks, they will interest. HEELS, CHARGES ABOUT WHO SCREWED UP conclude that government agencies ‘‘were The Government’s interest in these (By Edward T. Pound and Chitra Ragavan) collecting the intelligence, they were deci- cases is our interest. The Government phering it, but they were sending it to the In the spring of 1996, Congress gave law en- field late and in muddled, ambiguous terms.’’ has an interest in deporting terrorists forcement officials a new and seemingly im- Jamie Gorelick, the No. 2 Justice Depart- who may commit these crimes because portant tool to combat terrorism. It created the Government’s interest is to pro- ment official in President Clinton’s first the Alien Terrorist Removal Court, assign- term, sounds a similar theme. ‘‘We have a tects us. That is what we have a Gov- ing the special federal court the task of de- very robust intelligence collection effort,’’ ernment for, to protect us, and they porting terrorists operating on American she says. ‘‘But we don’t have a commensu- cannot because they cannot use the soil. After the World Trade Center bombing rate analytical capability. I am certain that tool that we have given them, which is in 1993, and the growing suspicion that foot when we are able to digest what we have col- the court. They cannot use it because soldiers for Osama bin Laden were slipping lected, we will find information which surely into the United States, the establishment of could have or might have prevented’’ the at- they have to compromise their sources the court seemed an eminently sensible and methods to do it. tacks. thing to do. Red alert. That may be, and there’s grow- So the Alien Terrorist Removal But terrorists had nothing to worry ing evidence that Washington should have Court does provide these protections. about—because the court is a court in name been better prepared. There were warning An alien terrorist gets the evidentiary only. In the five years since its creation, signs, say former counterterrorism officials. hearing before a Federal judge. Even U.S. News has learned, the five-judge panel Court files show that operatives linked to though he is an alien, he gets an evi- has never deported a single terrorist. For bin Laden or other militants have been plan- dentiary hearing. This hearing is af- that matter, it has never even heard a case. ning for some time to make the United The Justice Department, the agency prin- States their primary theater of operations. forded to the alien terrorist, and the cipally responsible for monitoring terrorists’ judge is allowed to see all classified in- Now the FBI is finding that its failure to movements within the United States, has analyze the intelligence amassed during ear- formation—the judge, not the terrorist. never filed an application with the court lier investigations is slowing its efforts to lo- This is under my amendment. But the seeking to deport a terrorist. cate conspirators or associates of the hijack- way it is now, the terrorist gets to see Former Justice Department officials say ers. the classified information. Can you be- the agency couldn’t use the court because With many leads not producing much, U.S. lieve that? That is true. But they do the law requires disclosure of sensitive infor- law enforcement agencies are looking over- not see it because the intelligence com- mation to terrorists—evidence, they say, seas for help. One big break came late last that would compromise intelligence gath- week when an Algerian pilot named Lotfi munity does not give it to them. ering and identify sources. But critics say Raissi, 27, was arrested in London for alleg- Therefore, the terrorist stays in Amer- the government’s refusal to bring suspected edly lying on his application for a pilot’s li- ica, and we wait for the acts to be com- terrorists before the special court is a glar- cense in the United States. British authori- mitted. ing example of its inability to use its vast ties say they have linked him to four of the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11581 hijackers. A prosecutor told a London court tation charges. Smith plans to introduce a The PRESIDING OFFICER. The that Raissi’s job was to ensure that the hi- provision this week that would allow the clerk will call the roll. jackers were ‘‘capable and trained.’’ government to use classified information in The bill clerk proceeded to call the The United States has the most sophisti- the court proceeding without sharing any in- roll. cated intelligence collection capability in formation with the suspect. The proposal is the world, but it appears to have failed ut- likely to spark a hot debate in Congress, Mr. NELSON of Florida. Mr. Presi- terly in this instance. The supersecret Na- where some members deplore the use of secret dent, I ask unanimous consent that the tional Security Agency intercepts phone evidence and have been trying to outlaw the order for the quorum call be rescinded. calls and messages thousands of miles from practice. Smith couldn’t care less. ‘‘We need The PRESIDING OFFICER (Mrs. its sprawling complex in suburban Maryland to bring these terrorists to court and deport CLINTON). Without objection, it is so near Washington. Yet there has been no indi- them,’’ he says. Smith persuaded Congress to ordered. cation from U.S. officials that the NSA approve the creation of the court in April Mr. NELSON of Florida. Madam intercepted any information on the alleged 1996. But its powers were weakened, he adds, President, I ask unanimous consent hijackers who were operating in its shadow, by amendments requiring suspected terror- just a few miles away, in the days before the ists to be given a summary of the charges that I be allowed to speak for about 5 attacks. against them. As a result, the Justice De- minutes as in morning business. When the dust settles, Congress undoubt- partment never used the court, fearing that The PRESIDING OFFICER. Without edly will examine what U.S. intelligence and disclosure of intelligence would expose objection, it is so ordered. law enforcement agencies knew before the sources. Current officials would not com- (The remarks of Mr. NELSON of Flor- hijackers produced their carnage. The Bush ment for this story. ida are printed in today’s RECORD administration says it had no advance warn- Civil libertarians say the department has under ‘‘Morning Business.’’) ing that the attacks would take place. But it found it easier to deport or imprison sus- The PRESIDING OFFICER. The Sen- is clear that the FBI and Justice Department pected terrorists through other administra- had developed information on some of the hi- tive immigration proceedings. Secret evi- ator from Vermont. jackers before the attacks—just how much dence, which is anathema to Arab-Americans Mr. LEAHY. Madam President, I isn’t known, and the government isn’t say- and civil rights activists, can be used in have listened closely to some aspects ing. those proceedings when the government of this debate, especially the amend- Three former top intelligence officials say seeks to deport aliens on other grounds, such ment presently pending, raised by my it is clear that some of the hijackers and as ‘‘garden variety’’ immigration violations, distinguished colleague from my neigh- possible associates were on FBI watch lists says a former top immigration official. In boring State of New Hampshire. the terrorist court, suspects would have prior to the September 11 attacks. There I had the honor of serving for 8 years seems to be little doubt of that. On August more safeguards—the right to counsel and 23, the CIA sent the FBI the names of two the option to challenge the constitutionality on the Senate Intelligence Committee, suspected terrorists, Khalid Almihdhar and of the secret evidence, says Timothy Edgar, where I was vice chairman. I have enor- Nawaf Alhazmi. But the bureau was unable a top lawyer for the American Civil Liberties mous regard for the current chairman to apprehend them before they helped hijack Union. No such rights are available in immi- and vice chairman of the committee. I the airliner that crashed into the Pentagon. gration court proceedings, he says. Given the have also served as both ranking mem- FBI officials did not respond to several re- choice, he says, the terrorist court is the ber and chairman of the Judiciary quests for interviews. least distasteful. Immigration officials say that secret evi- Committee. Officials say the CIA and FBI now are As I listened to the debate, some- rushing to improve their intelligence capa- dence is seldom used, perhaps only 10 to 12 bilities. One intelligence source says the CIA times a year out of 300,000 cases in the immi- thing sounded familiar. Indeed, this is bringing back retirees to fill the massive gration courts. Steven R. Valentine, a amendment was raised during the de- demand for qualified help. Meanwhile, the former Justice Department official who bate in preparation of the FBI has put out the word that it badly needs oversaw the Office of Immigration Litiga- antiterrorism bill that the Congress people who can translate Arabic, Farsi, and tion, says the government must deport or de- passed and the President signed last tain terrorist suspects—especially in light of Pashto. ‘‘They are scouting everywhere for month. There was no enthusiasm for it translators,’’ says a law enforcement in- the recent tragic attacks. In the past, he says, because of legal challenges, the Justice from Republicans or Democrats. We volved in the government’s massive man- looked at it, the White House looked at hunt. One reason: In the past, the bureau Department has been unable to deport hasn’t had sufficient personnel to translate known terrorists. ‘‘That,’’ he adds, ‘‘is in- it, and the Justice Department looked and interpret critical documents, or vast sane.’’ at it. None of us were interested in in- amounts of intelligence, that could have Mr. SMITH of New Hampshire. This cluding it in what became the USA Pa- shed light on terrorist plots. In some ways, was written by Ed Pound and Chitra triot Act. the FBI must shoulder the blame. The bu- Ragavan. It is a U.S. News article of a The idea of having a quasi-secret reau has very few Arab-American agents and few weeks back. court, and making only limited evi- translators, and funds intended for hiring In the article, which is entitled ‘‘Fin- dence available to the defendant, as is translators were diverted to hiring more ger-pointing, fingerprints,’’ Mr. Pound true under existing law, is constitu- agents to fight street crime, several former goes into a lot of detail and history Justice Department officials say. ‘‘The lan- tionally questionable enough. But to guage problem is prodigious,’’ says the intel- about the fact that the court has not say that we will not tell the defendant ligence source, ‘‘at both the CIA and the been used. I hope my colleagues will any of the evidence against him in the FBI.’’ read it. It is a good history and a sum- court, as Senator SMITH proposes, is That’s true, too, at other intelligence mation. the kind of thing we rail against when agencies in the Defense Department, includ- It is pretty simple. This provides other countries do it. Our government ing the NSA. In a report issued last week, that the court we now have created to officials have gone all the way to the the House Intelligence Committee said remove alien terrorists can be used. American spy agencies ‘‘have all admitted head of state level to register com- That is what I am hoping. plaints when Americans have been held they do not have the language talents . . . to I ask again for the yeas and nays on fully and effectively accomplish their mis- in other countries without being in- sions.’’ my amendment. formed of the charges against them. The PRESIDING OFFICER. Is there a Surveillance. Apart from the language Every President I have known has been needs, Attorney General John Ashcroft now sufficient second? Mr. GRAHAM. Mr. President, could forced at one time or another to raise wants Congress—in addition to the $20 bil- such issues with another head of state. lion more in counterterrorism funding it has the request be restated? committed since the attacks—to give law en- Mr. SMITH of New Hampshire. I We should not make this task more dif- forcement even more powers to wiretap im- asked for the yeas and nays. ficult by approving of the amendment migrants and monitor their activities in the The PRESIDING OFFICER. The Sen- Senator SMITH has offered here. United States. At the same time, some law- ator asked for the yeas and nays on his Let us look at a little bit of history. makers are pushing the government to use amendment. Is there a sufficient sec- The Alien Terrorist Removal Court was the Washington-based Alien Terrorist Re- ond? created in 1996. It was done largely moval Court, composed of sitting judges, to At the moment, there is not a suffi- through the efforts of Senators HATCH help rid the country of suspected terrorists. cient second. and Dole. It exists to provide a way for Sen. Bob Smith, a Republican from New the Government to remove terrorist Hampshire, is spearheading that effort. The PRESIDING OFFICER. The Sen- Under the current law, a suspected ter- ator from Florida. aliens whom it believes it cannot at- rorist brought before the court must be Mr. GRAHAM. Mr. President, I sug- tempt to remove through public hear- given an unclassified summary of the depor- gest the absence of a quorum. ings, to balance the Government’s need

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11582 CONGRESSIONAL RECORD — SENATE November 8, 2001 to maintain its existing intelligence threats in the ways that comport with Frankly, I would be delighted to have sources while giving some rights to the what our constitutional history and the Attorney General take a look at accused. our history as a nation. Senator SMITH’s amendment and see Under the law as it presently exists, The Alien Terrorist Removal Court what he thinks. But I tell my friend the accused does not see the actual evi- has not been used, but that is not be- from Florida that I certainly do not dence against him but does receive an cause an unclassified summary has to support this amendment, because the unclassified summary of that evidence. be provided to the defendant. The Jus- constitutional questions raised are of The law states very clearly that that tice Department talked to us about such enormous magnitude. To do so unclassified summary has to be ‘‘suffi- why the court is not being used, and without any request from the adminis- cient to enable the alien to prepare a did not mention this. When the Depart- tration and without any hearings defense.’’ ment was given the opportunity to con- would not be a responsible action for Under the amendment that Senator sider this amendment at the time of this body to take. SMITH has presented, an alien accused the terrorism bill, it did not want it. I I yield the floor. of being a terrorist would receive no in- suspect that this lack of interest is re- Mr. GRAHAM. Madam President, it formation about the basis of the lated to concerns within the Justice is our hope that we will develop a sec- charges against him, not even the lim- Department about constitutional chal- ond-degree amendment to this amend- ited summary provided in existing law. lenges to the court itself, as it is for- ment which essentially would ask the If we were to pass something of this mulated under existing law. Surely the Attorney General to review this legis- nature, there is no way the President Justice Department knows that if we lation that has been part of our statute of the United States or the Secretary approve this amendment those con- since 1996, which the Senator from New of State or the Attorney General could stitutional challenges will basically be Hampshire has stated has not been ef- go to any other country holding an irrefutable. fective, and to give us his assessment American on undisclosed evidence and We provide substantial new powers to as to the effectiveness of this legisla- demand to see that evidence. That na- the Justice Department with regard to tion, if he believes that changes are tion could simply say that it is doing terrorist aliens through the needed. They might be changes in the what the United States, the country antiterrorism legislation we just law. They might be changes in the re- seen as the bulwark of freedom, is passed, legislation I voted for, the dis- sources that are devoted to carrying doing, the United States that has had a tinguished senior Senator from Florida out this law or for any other impedi- written Constitution that has survived voted for, his colleague, the other Sen- ments. I note, as has the Senator from for all these years. The U.S. Constitu- ator from Florida voted for; the distin- Vermont, that in the antiterrorism act tion, as written and interpreted over guished Presiding Officer voted for it— 98 of us voted for it. That legislation which was just signed last Friday of the last two centuries, makes it clear should make it easier for the Justice October by President Bush, there are that the government cannot bring Department to use this court. changes in the underlying definition of somebody into a court and say: ‘‘We But as chairman of the Judiciary what constitutes an alien terrorist and have all this information against you, Committee, I could never support this an alien terrorist activity. Those but we are not going to tell you what amendment, which has already been re- changes have been stated to poten- it is. Are you guilty of what we have jected once by the administration and tially have an effect on the efficacy of against you? I am not going to tell you by Republicans and Democrats who ne- this 1996 act. That would be another what it is we have against you, but I gotiated the antiterrorism bill. I cer- subject on which we would ask the At- want to know, are you guilty or not? tainly could not accept it absent any torney General’s opinion. And, if you are not guilty, then defend showing of why it is needed. We are today taking up a very major yourself against these charges we have I say to my friend from Florida, the change in our law without the kind of brought. Sorry, you can’t see the distinguished chairman, that I have no prudent, thoughtful consideration for charges. Sorry, you can’t hear the evi- problem calling upon the administra- which the Senate is established to pro- dence. Sorry, we can’t let you know tion to notify the Judiciary Committee vide. I believe this process of request- what is going on. But we will give you if it really believes a change in the law ing a review and then making the judg- a chance to defend yourself.’’ is needed. The administration did not ment based on the response to that re- It doesn’t quite work that way. Any- believe this a couple of weeks ago. But quest as to whether legislative, appro- body in this body who has been either if the Attorney General now believes priations, or other activity is called for a prosecutor or defense attorney, on ei- he needs something such as this, I will would be consistent with the history of ther side, would not want that. be glad to hold hearings on the issue this body. The distinguished Presiding Officer and bring his concerns forward. But to Speaking of history, I point out that knows as well as any Senator here the do something of such constitutional one of the first controversies which po- terrible nature of September 11. Her magnitude in an amendment on the litically helped to establish that we State was impacted in a horrible way, floor, without any hearings in the Ju- would have a two-party system was as were the surrounding States of New diciary Committee or Intelligence called the Alien and Sedition Acts Jersey and Connecticut, just as the Committee, is simply inappropriate. which was enacted in the late 1790s. I State of Virginia has been horribly Madam President, we need to go back refer to the biography of John Adams. harmed by the attack on the Pentagon. to basic constitutional law 101 here. He was the President when the Alien Nobody has stated the horror, the The idea of giving the government the and Sedition Acts was passed by the anger, and the feelings left in the wake ability to bring removal proceedings Congress. He had not supported the of the September 11 attacks in a more against someone and force him to de- Alien and Sedition Acts, but he signed articulate way than the distinguished fend himself without telling him of the it into law as our second President and Presiding Officer. We all share those evidence against him flies in the face paid a very heavy price, including his feelings. But nobody here has ever sug- of all of our principles. defeat when he ran for reelection in gested that we somehow abandon all We must not tell the rest of the 1800 with this being one of the major our laws, all our rules, our Constitu- world that the only way we can defend issues used against his reelection. tion and everything we stand for, the ourselves is to accuse somebody but This is an issue of how to treat aliens very democracy that got the terrorists not tell him what the evidence is in this country, which has a very long to attack us. In effect, we would say, against him. Back in the 1700s, we political history. It is an issue about ‘‘We surrender.’’ fought a revolution to ensure a much Americans, whether they are citizens The Senator from New York, the different principle. All of us share the or any of the variety of categories that Senator from Vermont, the Senator terror of what happened. All of us are come under the generic term ‘‘alien.’’ from Florida, all 100 of us—none of us opposed to terrorists. All of us want to They might be defined as a permanent is about to surrender. We understand defend the United States. But we must resident who has been in the country there is a problem with terrorism. I not let our enthusiasm to defend our for decades, as well as a refugee who suspect throughout my lifetime we will Nation lead us to do things that will just recently arrived seeking protec- face threats. But let’s answer the hurt us further. tion against political persecution in

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11583 their home country. That whole wide torney General would make to the Con- The motion to lay on the table was range of people come under the generic gress relative to any changes in the agreed to. term of ‘‘alien.’’ How aliens should be law. AMENDMENT NO. 2116 treated has a long history in this coun- It draws particular attention to the Mr. GRAHAM. Madam President, I try. fact that we have just enacted a major am not aware of any other amend- We are now participating in a debate antiterrorism act, which contains ments to be offered to the bill. I have on the most current topic of that. modifications of the definition of a managers’ amendment I offer at this When it is available, I believe that our ‘‘alien terrorists’’ which have in the time. second-degree amendment, which will past been cited as a reason why this The PRESIDING OFFICER. The call for a temperate, thoughtful review 1996 statute has not been utilized. clerk will report. of this by the highest legal officer in I offer this amendment on behalf of The senior assistant bill clerk read as our executive branch, would be an ap- myself and the vice chairman of the follows: propriate manner for those of us who committee, Senator SHELBY, and ask The Senator from Florida (Mr. GRAHAM) are privileged to serve in the Senate to for its immediate consideration. The proposes an amendment numbered 2116. proceed to determine whether, and if Senator from New Hampshire has re- The amendment is as follows: so, what changes in this law or the cir- marks he would like to make. Insert at the appropriate place in the bill: cumstances that surround this law, we The PRESIDING OFFICER. The Sen- The DCI shall provide, prior to conference, should undertake. ator from New Hampshire. any technical modifications to existing legal Awaiting the completion of the draft- Mr. SMITH of New Hampshire. authorities needed to facilitate Intelligence ing of that amendment, I suggest the Madam President, I thank the chair- Community counterterrorism efforts. absence of a quorum. man for his cooperation. I will not take Mr. GRAHAM. Madam President, the The PRESIDING OFFICER. The more than a minute or two and will not purpose of this amendment, which has clerk will call the roll. ask for any recorded vote. been suggested by Senator KYL, is to The senior assistant bill clerk pro- I also thank the chairman of the Ju- assure that if, in light of the rapidly ceeded to call the roll. diciary Committee for making a com- changing world in which we are living, Mr. GRAHAM. Madam President, I mitment to me that we can have a there are other proposals that need to ask unanimous consent the order for hearing on this, if the Attorney Gen- be considered during the course of the the quorum call be rescinded. eral chooses to come and talk about conference, the conference committee The PRESIDING OFFICER. Without the issue after the report comes back. will have the liberty to do so. I urge objection, it is so ordered. To summarize, the amendment I of- adoption of the amendment. AMENDMENT NO. 2115 TO AMENDMENT NO. 2114 fered dealt with this terrorist removal The PRESIDING OFFICER. Is there Mr. GRAHAM. Madam President, I court which is not being used because further debate on the amendment? send an amendment to the desk and of the fact that it would compromise The question is on agreeing to the ask for its immediate consideration. intelligence if we did use it. amendment. The amendment is in the nature of a I had hoped we could pass it to The amendment (No. 2116) was agreed second-degree amendment to the change that court, but given the fact to. The PRESIDING OFFICER. The Sen- amendment of the Senator from New that there is some information coming ator from Nevada. Hampshire. in on different views as to who believes Mr. REID. Senator GRAHAM has men- The PRESIDING OFFICER. The what way about this and the issue as to tioned there are no further amend- clerk will report. how this court would or should work, I ments to the bill. I ask that the bill be The senior assistant bill clerk read as am prepared to and will accept the sec- read a third time. follows: ond-degree language offered by the The PRESIDING OFFICER. The The Senator from Florida (Mr. GRAHAM), Senator from Florida. I hope we can get this done. It is a 3- question is on the engrossment and for himself and Mr. SHELBY, proposes an third reading of the bill. amendment numbere 2115 to amendment No. month report. I am a little concerned 2114. about the length of time, but realizing The bill was ordered to be engrossed for a third reading and was read the Mr. GRAHAM. Madam President, I it takes time to do a report, I am also worried about the fact that something third time. ask unanimous consent reading of the The PRESIDING OFFICER. Under amendment be dispensed with. else could happen. Given the cir- cumstances, it is good that we now the previous order, the Senate will pro- The PRESIDING OFFICER. Without ceed to the consideration of H.R. 2883, objection, it is so ordered. have the attention of not only the Sen- ate and the Congress but also the Jus- which the clerk will report. The amendment is as follows: The assistant legislative clerk read tice Department, and I hope we can Strike all after the word ‘‘sec’’ and insert as follows: the following: hear from the intelligence community A bill (H.R. 2883) to authorize appropria- Section 504 of the Immigration and Nation- as well on this issue, which we will do tions for fiscal year 2002 for intelligence and ality Act (8 U.S.C. 1534) is amended by add- in the hearings when we have them. intelligence-related activities of the United ing the following subsection after subsection I thank my colleagues for their co- States Government, the Community Man- (K): operation and look forward to passage agement Account, and the Central Intel- ‘‘(L) No later than 3 months from the date of the amendment and yield the floor. ligence Agency Retirement and Disability of enactment of this Act, the Attorney Gen- The PRESIDING OFFICER. Is there System, and for other purposes. eral shall submit a report to Congress con- cerning the effect and efficacy of Alien Ter- further debate on the amendment? The PRESIDING OFFICER. Under rorist Removal proceedings, including the If not, the question is on agreeing to the previous order, all after the enact- reasons why proceedings pursuant to this amendment No. 2115. ing clause of H.R. 2883 is stricken, the section have not been used by the Attorney The amendment (No. 2115) was agreed text of the Senate bill S. 1428, as General in the past and the effect on the use to. amended, is inserted in lieu thereof, of these proceedings after the enactment of Mr. GRAHAM. Madam President, I and the bill is deemed read the third the U.S.A. PATRIOT Act of 2001.’’ ask now for a vote on the underlying time. Mr. GRAHAM. Madam President, as I Smith amendment, as amended. Mr. REID. I know the House bill has indicated in my preliminary remarks, The PRESIDING OFFICER. The been read a third time. I ask for the this amendment calls upon the Attor- question is on agreeing to the Smith yeas and nays on H.R. 2883, as amend- ney General, within 3 months of the en- amendment No. 2114, as amended. ed. actment of this legislation, to report to The amendment (No. 2114), as amend- The PRESIDING OFFICER. Is there a the Congress on the 1996 Alien Act— ed, was agreed to. sufficient second? that is the act that provides the proce- Mr. GRAHAM. Madam President, I There appears to be a sufficient sec- dure that the Senator from New Hamp- move to reconsider the vote on the ond. shire has outlined for the deportation Smith amendment. The yeas and nays were ordered. of aliens—and within that report to in- Mr. SMITH of New Hampshire. I Mr. REID. I further ask unanimous dicate what recommendations the At- move to lay that motion on the table. consent that the vote on passage of the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11584 CONGRESSIONAL RECORD — SENATE November 8, 2001 bill occur at 2 p.m. today, with rule The fact is, recently they have not economically and as we take on the XII, paragraph 4, being waived. been caught. We heard this rather as- terrorists. The PRESIDING OFFICER. Without tounding story a couple of days ago I yield the floor. objection, it is so ordered. about in the Chicago area a person had Mr. REID. Mr. President, I suggest f two knives, got on the plane, and had the absence of a quorum. in their carryon luggage other imple- The PRESIDING OFFICER (Mr. MORNING BUSINESS ments of destruction. This is several EDWARDS). The clerk will call the roll. Mr. REID. Madam President, if the weeks now, after September 11. The senior assistant bill clerk pro- manager of the bill has nothing fur- We read the story last week about ceeded to call the roll. ther, I ask unanimous consent that the the fellow sitting on the airplane, in Mr. ROCKEFELLER. Mr. President, I Senate be in a period of morning busi- flight, horrified to suddenly realize ask unanimous consent that the order ness until 2 p.m. with Senators per- someone had given him a pistol as a for the quorum call be rescinded. mitted to speak therein for a period of present, and he forgot it was in his The PRESIDING OFFICER. Without up to 10 minutes each. carry-on luggage. He had the presence objection, it is so ordered. The PRESIDING OFFICER. Without of mind to call over the flight attend- f objection, it is so ordered. ant in the midst of the flight to say UNANIMOUS CONSENT f what happened. The fact is, airline pas- AGREEMENT THERE IS A NEED FOR IMPROVED senger security had failed again. Does this engender confidence in the Mr. REID. Mr. President, I ask unan- AIRLINE SECURITY American flying public? Of course, it imous consent that the previous order Mr. NELSON of Florida. Madam doesn’t. We are undercutting the very entered setting the vote at 2 p.m. be President, as we are locked in this thing we need to be doing for those des- modified to allow the vote to occur at deadlock with the House of Representa- perately needing the airlines back in 1:55 p.m. tives over the question of airport pas- robust business again—the hotel opera- The PRESIDING OFFICER. Without senger screening security, basically the tors, the service personnel, the gift objection, it is so ordered. deadlock is the Senate has passed a bill stores in the hotels, the restaurants, Mr. REID. I suggest the absence of a 100–0 that would provide for federal- the tourist destinations, and the multi- quorum. izing the screening process of pas- plicity of industries and businesses, The PRESIDING OFFICER. The sengers; that is, attaches to the Justice both large and small, that spawn from clerk will call the roll. Department that these would be Fed- this wonderful, robust transportation The legislative clerk proceeded to eral employees who have specific train- network we have had in the skies. call the roll. ing in law enforcement so we can Why am I saying this? It took 4 Mr. MURKOWSKI. Mr. President, I heighten the feeling of confidence of weeks in the Senate to pass this bill ask unanimous consent that the order the American flying public that they because people in this Chamber were for the quorum call be rescinded. will be safe when they get in an air- filibustering it because they wanted The PRESIDING OFFICER. Without liner to take their travel. that passenger security screening oper- objection, it is so ordered. Why is this important? It is obvious ation to continue as it is, privately Mr. MURKOWSKI. Mr. President, I the airline industry is one of the im- contracted out. That is not going to ask unanimous consent that I may be portant economic components of our cut it. Yet we were held up 4 weeks. By allowed to speak as in morning busi- national economic engine, and as long the time it got around to the final pas- ness for about 20 minutes. as people are scared to get into a plane sage, there was no Senator who was The PRESIDING OFFICER. Without and fly, then we are not going to rev up going to vote against it. It was 100–0 in objection, it is so ordered. that economic engine and get it func- this Chamber. Now we are at logger- f tioning on all cylinders as is so nec- heads with the House of Representa- ENERGY POLICY essary. tives, which by a very narrow margin There are parts of this country that of one or two votes passed a highly par- Mr. MURKOWSKI. Mr. President, I are certainly more affected than others tisan bill that says it is still going to do not think there is any question by the diminution of airline travel. be contracted out. They say: Don’t about the condition of this country. We Clearly, the city of New York, the worry; we will federally oversee the are clearly a nation at war. As we look State of the Presiding Officer, is dras- contracting. But if the whole Nation’s at the instability, the uncertainty of tically affected; clearly, cities in my economy hinges on getting the public regions of the world, regions where State, such as Miami, or Orlando, the to believe it is safe to get back into an many of the nations that want to de- No. 1 tourist destination in the world. airliner and fly, are we not wasting stroy Israel and the U.S. reside, the re- I have talked to the owners of hotels— precious minutes every day we are at ality is these particular areas of the not the business hotels; the business loggerheads with the House of Rep- world are ones on which we are grow- hotels are doing OK, not good but OK— resentatives? We have a 100–0 vote ing more dependent all the time. and the tourist-oriented hotels now here; they have virtually a split vote of It is no secret to the occupant of the have an occupancy rate in the range of 215 each. Why not look at what is best chair that we are now 57 percent de- 40 to 45 percent. for the country? pendent on imported oil. However, dur- I talked to the owner of one hotel How many more newspaper stories do ing the 1970s, we were about 34 percent with 800 rooms; they shut down 600 we have to read, as we have in the last dependent on oil. Some remember the rooms. It does not take a rocket sci- couple of days, about the stun guns, inconvenience of the gas lines around entist to recognize with that dimin- the knives, and the box cutters getting the block. This was at a time of con- ished revenue they will not be able to through security. How much more do flict in the Mideast, the Yom Kippur pay mortgage payments, taxes. They we have to read before it convinces us War. Americans were outraged. They have already laid off a significant por- and convinces the body at the other were indignant. How could it possibly tion of their staff. end of this United States Capitol that happen in our Nation that we should be We understand what happens as the it is time to put aside their philo- so inconvenienced? ripples run through the economy. What sophical positions, their partisan posi- So there we were, in the 1970s, 33 per- do we do? We want to give a feeling of tions, and pass something into law so cent dependent; today we 57 percent de- confidence, of safety, to the American we can restore the confidence of the pendent, and the Department of Energy flying public. What better way to do American people. indicates by the year 2010 we are going that than for the public to know, when I share these thoughts after consid- to be somewhere in the area of 66 per- they go through that passenger screen- ering this very important intelligence cent dependent. ing process, in fact, if there are people legislation, all of which is very nec- We are, in my opinion, held hostage trying to do dastardly things to them essary to the security of this country, by the same interests that seek to de- by sneaking through implements of de- as is the airline security bill important stroy and uproot Israel. Through our struction, they will get caught. to the security of this country, both energy policies of dependence, we have

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11585 tipped the scales and given tremendous I know the occupant of the chair grow than tax relief. One of the major power to extremists in the Mideast. We would be disappointed if I didn’t bring components is an energy plan. are only making Iran, Iraq, and Libya, up the issue of ANWR and what kind of He goes on to say on another occa- perhaps, stronger. Is that our wish? a contribution this can make. Clearly, sion when the bill has passed the House What happens if the Kingdom of we can open this area safely, effec- of Representatives: They have done Saudi Arabia fails? There is almost a tively, and quickly. What does it hold? their job. He wants the Senate to do its parallel occurring in that country be- Somewhere between 5.6 and 16 billion job. tween what happened in Iran 30 years barrels—enough oil to replace what we On October 17, he asked Congress to ago with the fall of the Shah. When it would import from Saudi Arabia in a act on an energy bill the House of Rep- occurred, the Shah was one of Amer- 30-year period of time. All the eco- resentatives passed in August. On Oc- ica’s greatest allies. What happened nomic benefits are there. When I say tober 14, there are two other aspects to was his regime came down as a con- ‘‘employment,’’ perhaps 200,000 jobs. a good, strong stimulus package. One is sequence of corruption, a concentra- There is the potential of revenue to an energy bill. October 31, our Nation tion of too much wealth in too few the Federal Government from lease needs an energy plan. hands. That situation is very much evi- sales amounting to about $2.6 billion. I don’t know who is listening around dent in Saudi Arabia today. This is a stimulus. It would not cost here. I am certainly listening. It is un- I might add, if we look to bin Laden the Federal Government one red cent. fortunate that the Democratic leader followers, a number of them have come Our President has said energy is one evidently is not listening to the Presi- from Saudi Arabia. As we examine the of our two key components to a strong dent. I don’t understand this political background of those responsible for the stimulus package necessary to get this momentum. Why can’t we do as the aircraft that went into the Pentagon economy growing again, somewhat like House and have an open discussion on and the Trade Centers, we find they the old Lee Iacocca ad. If you can find the merits of this energy bill as pro- have connections. Some are actually a better economic stimulus that adds posed? Where is the energy bill? We in- from Saudi Arabia. jobs to our economy, billions to our troduced a bill in February, about 304 Now, I am not condemning Saudi gross national product, and will not pages. The only thing on which any- Arabia by any means. I am simply cost the taxpayer one red cent, go buy body seemed to want to focus was the drawing a comparison. As our depend- it. two or three pages of ANWR, opening ence on imported oil increases, we The problem is reluctance in this up this area. focus more on Saudi Arabia because body. The House has done its job and This has become a cash cow for the that is where the significant supply of passed H.R. 4. The Democratic leader extreme environmental community. petroleum in the world exists. We are has not seen fit to bring this bill or Make no mistake; they are milking it becoming more vulnerable as their re- schedule this bill before this body. Ap- for all it is worth. It is an issue that is gime becomes more unstable. parently, there is no indication from thousands of miles away from the Furthermore, we are importing a him as to his intentions. It appears he million barrels of oil a day from Iraq. shut the door on the Energy Com- American people. It is an issue filled Now, what is the uniqueness of Iraq? mittee actions. I happen to be ranking with emotion. They say the polar bear We happen to enforce a no-fly zone over member. We have not had markup on is endangered, but they will not say Iraq. We are putting our men’s and any bill or any action, with the excep- you cannot take the polar bear—they women’s lives at stake to ensure that tion of reporting out a nomination or are marine mammals—from the United Iraq stays within the constraints of the two, for well over a month. The Demo- States, and that includes from my U.N. sanctions. Yet we know they have cratic leader has basically shut down State of Alaska. They are protected. moved beyond those constraints, that the Energy Committee and the process You can go to Canada and take them they are selling oil outside the U.N. associated with the authorization for trophies, or go to Russia, but you oversight, illegally in that sense. which is the duty of the authorizing cannot in the United States. So here we are, we are taking their committees. They say somehow the Gwich’ in peo- oil and we are enforcing a no-fly zone Evidently, the writing of the bill is ple, in their dependence on the caribou, over Iraq. We put the oil in our aircraft underway, independently, with very are somehow in jeopardy. I will read and then we go and enforce that no-fly little input, if any, from the other side. for the RECORD from the Patroleum zone by taking out some of their tar- Republican interests will not be heard. News: ‘‘Gwich’ in, Ensign link up in gets. We almost had one of our inter- We cannot share with our Democratic new McKenzie Delta Drilling Com- cepter aircraft shot down a few weeks colleagues our input. pany,’’ September 30: ago. What does Saddam Hussein do The President has said the Senate A new Native-controlled oil and gas drill- with the money? He pays his Repub- must act. As I indicated, the House has ing company has been formed to provide oil- lican Guards to keep him alive and de- done its job. It is certainly not in the field services in a land claims area of the velops missile capability with biologi- national interest to treat this issue for Mackenzie Delta that is is seen as a likely cal warheads aimed at our ally, Israel. what it is, a critical component of na- route for any Mackenzie Valley pipeline. Is this part of our foreign policy or is Gwich’in Oilfield Services, 51 percent tional security. Our Achilles’ heel in owned by Gwich’in Development Corp. of it because we have no other choice this war is our dependence on foreign Inuvik, Northwest Territories, and 49 per- than to depend on Iraq for a certain oil. Bin Laden knows it; Saddam Hus- cent by Calgary-based Ensign Drilling, is ex- amount of our imported oil? I am not sein knows it. But the United States pecting to start operations this winter. suggesting we might funnel some of the does not seem to know it is, to our im- The Gwich’in settlement area covers 22,242 money for terrorist attacks to keep mense discredit. How could we not square miles and is governed by the Gwich’in Saddam Hussein in charge, but one has know? Didn’t we recognize on Sep- Tribal Council. to wonder what his future holds. We tember 11 the significance that much of Gwich’in Development Corp., wholly owned must address this dependence with a by the tribal council, has a mission to build the terrorist activity is funded by oil? an investment portfolio that offers business new sense of urgency, a new sense of If we do not recognize it soon, God help opportunities, employment and training to purpose. To ensure our energy security, us. Gwich’in residents. we must put in place solutions that In my few remaining minutes I want Tom Connors, chief executive officer of the begin and end at home. In my opinion, to enlighten my colleagues on the sig- corporation, said Sept. 10 that the deal with the sooner the better. nificance of what has occurred over an Ensign gives the community a chance to par- There are tremendous resources and extended period of time relative to ticipate in the development of oil and gas re- ingenuity in this country. Our bal- public opinion on this matter. We have sources. anced, bipartisan energy plan puts heard from our President on four occa- Ensign president Selby Porter said his them to work. It adjusts fuel economy sions, specifically saying this country company’s experience and equipment make standards; encourages conservation, it the right choice to work with the Gwich’in must have an energy plan that encour- people. provides incentives for the develop- ages conservation and encourages ex- The development of a local work force and ment of advanced newer, cleaner alter- ploration. infrastructure is key to the continued devel- native fuels, and encourages the use of He says: I want the Congress to know opment of oil and gas resources of the Arctic our own energy supplies. there is more to helping our economy region of Canada,’’ he said.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11586 CONGRESSIONAL RECORD — SENATE November 8, 2001 Formation of the new company was an- unions, operating engineers, plumbers, is everybody’s right to do as they see nounced Sept. 6. pipefitters, carpenters and joiners—I fit—why anybody would consider fili- About 80 percent of the Gwich’in peo- could go on with this list—because this bustering an issue as important as this, ple live in Canada. Why is it OK for the is a jobs issue. in the national security interests of Gwich’in people in Canada to go ahead Mr. President, as you know very our Nation. I don’t think we have ever and develop their land and somehow well, we have a very soft economy. We had that, traditionally, in this body. the Gwich’ins who live in Alaska and are in a recession. This is a jobs issue— We should address this issue on its are funded by the Sierra Club and var- several hundred thousand jobs in every merits, not proceed to activities asso- ious other environmental groups in op- State. ciated with the threat of a filibuster. position are opposed? Obviously, there What are we going to do? We are I encourage Members to reflect a lit- is some skulduggery associated with going to build more ships. We will build tle bit about just what the folks back this. them in U.S. yards because those ships home will read into that kind of a vote. The other issue is relative to the base that move Alaskan oil, under law, have They will read the filibuster has been of support. We have seen the Presi- to be U.S. flagged vessels, built in U.S. on a procedural motion, not on the dent’s statements in favor of opening yards with U.S. crews. This is ship- merits of the issue. They will read it is ANWR. Secretary of Interior Gale Nor- building, gulf shipbuilding and west in defiance of the veterans who have ton, Secretary of Energy Spencer Abra- coast. It is a big jobs issue. spoken time and time again, in defi- ham, Secretary of Labor Chao, and As we debate the stimulus package, I ance of the position of organized labor, Secretary of Veterans Affairs Principi challenge any Member of this body to in defiance of the position of our Presi- have all spoken at more than one tell me a better stimulus than opening dent. event. Yet we have had press con- up ANWR. Why do I say that? Because I don’t know whether there is an ef- ferences with the American Legion, all it is a jobs issue. It is going to create fort to ensure the President does not the veterans organizations, including a couple of hundred thousand jobs. It is win on this issue. Is that what we are the Veterans of Foreign Wars. The going to create about $2.6 billion in talking about? I hope that is not the AMVETS, Catholic War Veterans, and Federal lease sales when the Federal case. Vietnam veterans have all spoken in Government puts up those leases. But to have this matter ignored, to favor. It is interesting to hear their Where will that go? Into the Treasury. have this matter taken away from the point of view. It is enlightening. They It will help offset some of the costs as- committee of jurisdiction by the say they have fought wars on foreign sociated with security and terrorism Democratic leader at least warrants an soil. They have fought wars over oil in activities. And it is not going to cost explanation, and we cannot seem to get the Persian Gulf conflict where, obvi- the taxpayer one red cent. You tell me an explanation. The Democratic leader ously, we stopped Saddam Hussein anything else in that stimulus package is a good friend of mine. We have had from going into Kuwait, and his objec- that fits that category. There isn’t some conversations. He has been very tive was to go into Saudi Arabia and any. That is why organized labor is for responsive to hearing me out. But now take over the oil. it. it is time we had an opportunity to I am reminded of remarks made in We have senior citizens; 60-Plus held hear him out because he has simply ig- this Chamber by Senator Mark Hat- a press conference the day before yes- nored this. I want to tell the Demo- field from Oregon. He indicated on terday. The Hispanic community, the cratic leader the pressure is going to more than one occasion he would vote Latin-American Management Associa- become more intense. There is no rea- for opening up ANWR any day rather tion and Latino coalition, the United son this issue should not be addressed than send other American men and States-Mexico Chamber of Commerce, in an expeditious manner. women over on foreign soil to fight a they had a press conference this morn- I noted in the Boston Herald an arti- war over oil. ing. American business groups: The Na- cle. I ask unanimous consent it be This is the theme of America’s vet- tional Association of Manufacturers, printed in the RECORD. erans. They say the national security the U.S. Chamber of Commerce, Na- There being no objection, the article of this Nation is at risk because of our tional Black Chamber of Commerce, was ordered to be printed in the increased dependence on oil. What can U.S. Pan Asian Chamber of Commerce, RECORD, as follows: we do about it? What we can do about the American Women’s Economic De- [From the Boston Herald, Nov. 6, 2001] it is increase domestic production. We velopment, the Alliance For Energy—it ENERGY A SECURITY ISSUE are not going to relieve our dependence goes on and on and on. President Bush urged Congress to get an totally, but we will reduce it substan- Why is that message not coming energy bill on his desk before it adjourns for through to this body? I can only as- the year, making the case that a sound en- tially. ergy policy is vital to national security. The intent of the Senate, if it votes sume there are several Members on the Speaking to business leaders recently, the to authorize the opening of this area, is other side who do not want to vote on president observed, ‘‘It’s in our national in- to send a message to the Mideast that this issue. Why don’t they want to vote terest that we develop more energy supplies we mean business about reducing our on the issue? Perhaps they made com- at home.’’ And Interior Secretary Gale Nor- dependence. You are going to see a mitments to extreme environmental ton added, ‘‘Every day the United States im- change in the OPEC structure, where groups. I don’t know. ports 700,000 barrels of oil from Saddam Hus- sein.’’ they are going to be more sensitive to In any event, we are here at a stage The House has passed an energy bill which the significance of what the United where we are late in the session. The would allow drilling in portions of Alaska’s States states when we say we are going House has taken on its responsibility Arctic National Wildlife Refuge. But Senate to reduce our dependence on imports. totally, passing H.R. 4. We have im- Democrats have promised the environmental I suggest they are going to increase plored the Democratic leader to bring lobby that they will block ANWR develop- production. When they increase pro- this matter up, let us vote on it, let us ment, and Massachusetts Sen. John Kerry duction, what does that mean? It debate it, and let us offer amendments. has threatened to lead a filibuster. means the price goes down. We know, We do not even get an answer. That made little sense before Sept. 11, and even less since then. In the past 30 years, as a consequence of terrorist activities, I am putting this body on notice. If America has become dangerously dependent people are not flying, we do not have we do not get an answer from the on foreign oil. It’s estimated ANWR contains the same utilization of gasoline, and Democratic leader—this is not a between 5.7 billion and 16 billion barrels of we have a temporary decline in price. threat, this is a reality—we will put oil. Roughly 11 billion barrels would be the But that is only temporary because this on the stimulus bill and we will equivalent of 20 years of imports from Saudi what we saw OPEC do the other day vote on it. I want everybody to under- Arabia. And only a miniscule part of was cut production another 1.5 million stand there is going to be a vote on ANWR’s 19 million acres would be used. America will never again be energy self- barrels. They know we are addicted to this floor, on this issue, on an energy sufficient. But every barrel this nation their oil. As a consequence, they are bill that will contain ANWR, before we doesn’t have to import from the Middle East playing it for all it is worth. get out of here. enhances national security. Planes and As to organized labor, we have the Some Members have threatened a fil- tanks don’t run on recycled environ- Teamsters, maritime unions, seafarers ibuster. I cannot understand—while it mentalist cliches.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11587 Mr. MURKOWSKI. The article it sup- I suggest the absence of a quorum. Recently, the senior Senator from ports the opening of ANWR and sug- The PRESIDING OFFICER. The Massachusetts, Mr. KENNEDY, called to gests if there wasn’t a reason before clerk will call the roll. my attention the work he is doing in September 11, there is certainly an The bill clerk proceeded to call the Massachusetts. even better reason afterward. It men- roll. The PRESIDING OFFICER. The Sen- tioned Senator KERRY, who is opposed Mrs. CLINTON. Mr. President, I ask ator is advised that we are under an to this legislation. It indicates in gen- unanimous consent that the order for order to vote at this time. eral terms it should be supported be- the quorum call be rescinded. Mrs. CLINTON. Then we should vote, cause it is in the national interests of The PRESIDING OFFICER. Without Mr. President. the country. objection, it is so ordered. Lest there be any mistaken f f innuendoes, saying we don’t need, real- DISASTER VICTIMS RELIEF FUNDS INTELLIGENCE AUTHORIZATION ly, to open up the ANWR area because Mrs. CLINTON. Mr. President, one of ACT FOR FISCAL YEAR 2002—Con- there are other areas, that we can look the greatest comforts to me personally tinued to our friends in Canada—let’s just re- in the terrible aftermath of September flect on what Prime Minister Jean The PRESIDING OFFICER. Under 11 has been the immediate and over- the previous order, the hour of 1:55 p.m. Chretien said on November 6. He took a whelming generosity of the American swing at the United States in an inter- having arrived, the question is, Shall people in providing relief to the thou- the bill, H.R. 2883, as amended, pass? esting way, over soft wood policies. He sands who have been directly and indi- told the House of Commons: The yeas and nays have been ordered, rectly affected. Our first priority must and the clerk will call the roll. If the Americans want free trade in oil and be to ensure that the victims and the The bill clerk called the roll. natural gas, they should also have free trade families of the victims of the Sep- in lumber. The result was announced—yeas 100, tember 11 attack receive the financial nays 0, as follows: He further says: relief they have been promised. [Rollcall Vote No. 332 Leg.] If they were not to have oil and gas from There is a tremendous amount of Canada, then they will need wood to heat work going on in New York to ensure YEAS—100 their homes. that families get their assistance. Akaka Durbin McCain This is the Prime Minister saying, in Many families have expressed their Allard Edwards McConnell effect, don’t just rely on an unlimited Allen Ensign Mikulski gratitude to me, to my staff, to FEMA, Baucus Enzi Miller supply of resources from Canada, there to the city, and the centralized support Bayh Feingold Murkowski has to be two-way trade. that was established at Pier 94. The Bennett Feinstein Murray Biden I will close by outlining the signifi- fund that the mayor created to aid Fitzgerald Nelson (FL) Bingaman Frist Nelson (NE) cance of the economic stimulus associ- families, the Twin Towers Fund, has Bond Graham Nickles ated with this single issue. The Depart- Boxer Gramm announced that it will get aid to fami- Reed ment of Labor Massachusetts Survey lies prior to Thanksgiving. Breaux Grassley Brownback Gregg Reid indicates jobs, direct, 250,000; the Whar- I am particularly grateful to the at- Bunning Hagel Roberts ton Econometrics Institute at the Uni- torney general, Eliot Spitzer, who has Burns Harkin Rockefeller versity of Pennsylvania lists the total led in trying to eliminate the bureau- Byrd Hatch Santorum employment, indirect, at 735,000 jobs cratic redtape that can delay or pre- Campbell Helms Sarbanes Cantwell Hollings Schumer associated with the development of vent families from receiving the help Carnahan Hutchinson Sessions ANWR; jobs in 50 States, 80,000 in Cali- they need in a timely manner. Working Carper Hutchison Shelby fornia, 48,000 in New York. with the attorney general as he tries to Chafee Inhofe Smith (NH) We do not make valves. We do not create centralized databases of chari- Cleland Inouye Smith (OR) Clinton Jeffords Snowe make pipe or welding rod. These things table organizations and families in Cochran Johnson Specter are all going to be made in the United need of services, I have joined him in Collins Kennedy Stabenow States. Labor is going to come up. We calling for all charities to establish a Conrad Kerry Stevens Corzine Kohl Thomas are looking at 200,000 jobs at a min- uniform application that will help Craig Kyl Thompson imum, direct. achieve the goal of simplifying the Crapo Landrieu Thurmond Daschle Leahy Federal benefits of opening up ANWR process of applying for necessary as- Torricelli will add up to $3.2 billion. That is an- sistance. Dayton Levin DeWine Lieberman Voinovich other estimate, in lease sales to the I am sure many in this Chamber have Dodd Lincoln Warner Federal Treasury, and if the oil is pro- seen the reports or perhaps seen on tel- Domenici Lott Wellstone duced we are talking about billions evision some of the victims’ family Dorgan Lugar Wyden more in royalties. It is estimated that members who have been overwhelmed The bill (H.R. 2883), as amended, was ANWR oil has a potential value up- trying to work their way through the passed, as follows: wards of $300 billion. That is from the myriad of services available and who Resolved, That the bill from the House of Energy Information Administration. have to spend hours going from one Representatives (H.R. 2883) entitled ‘‘An Act That is $300 billion we do not have to place to the next until they could get to authorize appropriations for fiscal year spend overseas. That is $300 billion that some kind of answer, who say that not 2002 for intelligence and intelligence-related will travel through the economy, being only have they be victimized but they activities of the United States Government, taxed here in America. As I indicated, have been made to feel like beggars. the Community Management Account, and the Jones Act mandates the oil move That is just unacceptable. the Central Intelligence Agency Retirement Like so many New Yorkers, we are and Disability System, and for other pur- in U.S.-flag vessels. poses.’’, do pass with the following amend- Nineteen new supertankers will be concerned about those families who ment: needed at a cost of about $200 million. may not have the time to go stand in Strike out all after the enacting clause What will that do for American ship- line and fill out endless application and insert: forms, who may not have the experi- building? Construction alone will gen- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ence to permit them to navigate this erate 5,000 new jobs in American ship- (a) SHORT TITLE.—This Act may be cited as building during the next 10 to 15 years. maze, who do not have the stamina, the ‘‘Intelligence Authorization Act for Fiscal Finally, each day we write a $12 mil- and who, frankly, are sill suffering. Year 2002’’. lion check to the Iraqi Government for I have met and talked with a number (b) TABLE OF CONTENTS.—The table of con- their oil. That is more than $4.4 billion of people who lost loved ones, particu- tents of this Act is as follows: a year. I think it is time to put that larly widows who are having a very dif- Sec. 1. Short title; table of contents. money in our backyard instead of in ficult time being able to do what is re- TITLE I—INTELLIGENCE ACTIVITIES the backyard and into pocket indi- quired to take care of their children Sec. 101. Authorization of appropriations. rectly of Bin Laden. and go about their daily business. They Sec. 102. Classified schedule of authorizations. I thank the Chair for his attention. need help going through this charitable Sec. 103. Personnel ceiling adjustments. I yield the floor. and governmental process. Sec. 104. Community Management Account.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11588 CONGRESSIONAL RECORD — SENATE November 8, 2001 TITLE II—CENTRAL INTELLIGENCE AGEN- on Appropriations of the Senate and House of curement purposes shall remain available until CY RETIREMENT AND DISABILITY SYS- Representatives and to the President. The Presi- September 30, 2004. TEM dent shall provide for suitable distribution of (2) TRANSFER OF FUNDS.—The Director of Cen- Sec. 201. Authorization of appropriations. the Schedule, or of appropriate portions of the tral Intelligence shall transfer to the Attorney Schedule, within the executive branch. General funds available for the National Drug TITLE III—GENERAL PROVISIONS SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Intelligence Center under paragraph (1). The Sec. 301. Increase in employee compensation (a) AUTHORITY FOR ADJUSTMENTS.—With the Attorney General shall utilize funds so trans- and benefits authorized by law. approval of the Director of the Office of Man- ferred for the activities of the National Drug In- Sec. 302. Restriction on conduct of intelligence agement and Budget, the Director of Central In- telligence Center. activities. (3) LIMITATION.—Amounts available for the Sec. 303. Judicial review under Foreign Nar- telligence may authorize employment of civilian personnel in excess of the number authorized for National Drug Intelligence Center may not be cotics Kingpin Designation Act. used in contravention of the provisions of sec- Sec. 304. Modification of positions requiring fiscal year 2002 under section 102 when the Di- rector of Central Intelligence determines that tion 103(d)(1) of the National Security Act of consultation with Director of Cen- 1947 (50 U.S.C. 403–3(d)(1)). tral Intelligence in appointments. such action is necessary to the performance of important intelligence functions, except that the (4) AUTHORITY.—Notwithstanding any other Sec. 305. Modification of reporting requirements provision of law, the Attorney General shall re- for significant anticipated intel- number of personnel employed in excess of the number authorized under such section may not, tain full authority over the operations of the ligence activities and significant National Drug Intelligence Center. intelligence failures. for any element of the intelligence community, TITLE II—CENTRAL INTELLIGENCE AGEN- Sec. 306. Modification of authorities for protec- exceed 2 percent of the number of civilian per- CY RETIREMENT AND DISABILITY SYS- tion of intelligence community em- sonnel authorized under such section for such TEM ployees who report urgent con- element. cerns to Congress. (b) NOTICE TO INTELLIGENCE COMMITTEES.— SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Sec. 307. Review of protections against the un- The Director of Central Intelligence shall notify There is authorized to be appropriated for the authorized disclosure of classified promptly the Permanent Select Committee on In- Central Intelligence Agency Retirement and Dis- information. telligence of the House of Representatives and ability Fund for fiscal year 2002 the sum of Sec. 308. Modification of authorities relating to the Select Committee on Intelligence of the Sen- $212,000,000. official immunity in interdiction ate whenever the Director exercises the author- TITLE III—GENERAL PROVISIONS ity granted by this section. of aircraft engaged in illicit drug SEC. 301. INCREASE IN EMPLOYEE COMPENSA- trafficking. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. TION AND BENEFITS AUTHORIZED Sec. 309. One-year suspension of reorganization (a) AUTHORIZATION OF APPROPRIATIONS.— BY LAW. of Diplomatic Telecommunications There is authorized to be appropriated for the Appropriations authorized by this Act for sal- Service Program Office. Community Management Account of the Direc- ary, pay, retirement, and other benefits for Fed- Sec. 310. Presidential approval and submission tor of Central Intelligence for fiscal year 2002 eral employees may be increased by such addi- to Congress of National Counter- the sum of $238,496,000. Within such amount, tional or supplemental amounts as may be nec- intelligence Strategy and National funds identified in the classified Schedule of essary for increases in such compensation or Threat Identification and Authorizations referred to in section 102(a) for benefits authorized by law. Prioritization Assessments. the advanced research and development com- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- Sec. 311. Preparation and submittal of reports, mittee shall remain available until September 30, LIGENCE ACTIVITIES. reviews, studies, and plans relat- 2003. The authorization of appropriations by this ing to Department of Defense in- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- Act shall not be deemed to constitute authority telligence activities. ments within the Community Management Ac- for the conduct of any intelligence activity Sec. 312. Alien Terrorist Removal proceedings. count of the Director of Central Intelligence are which is not otherwise authorized by the Con- Sec. 313. Technical modifications. authorized 343 full-time personnel as of Sep- stitution or the laws of the United States. TITLE IV—CENTRAL INTELLIGENCE tember 30, 2002. Personnel serving in such ele- SEC. 303. JUDICIAL REVIEW UNDER FOREIGN AGENCY ments may be permanent employees of the Com- NARCOTICS KINGPIN DESIGNATION munity Management Account or personnel de- ACT. Sec. 401. One-year extension of Central Intel- tailed from other elements of the United States Section 805 of the Foreign Narcotics Kingpin ligence Agency Voluntary Separa- Government. Designation Act (title VIII of Public Law 106– tion Pay Act. (c) CLASSIFIED AUTHORIZATIONS.— 120; 113 Stat. 1629; 21 U.S.C. 1904) is amended by Sec. 402. Modifications of central services pro- (1) AUTHORIZATION OF APPROPRIATIONS.—In striking subsection (f). gram. addition to amounts authorized to be appro- SEC. 304. MODIFICATION OF POSITIONS REQUIR- TITLE I—INTELLIGENCE ACTIVITIES priated for the Community Management Ac- ING CONSULTATION WITH DIRECTOR SEC. 101. AUTHORIZATION OF APPROPRIATIONS. count by subsection (a), there are also author- OF CENTRAL INTELLIGENCE IN AP- Funds are hereby authorized to be appro- ized to be appropriated for the Community Man- POINTMENTS. priated for fiscal year 2002 for the conduct of agement Account for fiscal year 2002 such addi- Section 106(b)(2) of the National Security Act the intelligence and intelligence-related activi- tional amounts as are specified in the classified of 1947 (50 U.S.C. 403–6(b)(2)) is amended by ties of the following elements of the United Schedule of Authorizations referred to in section striking subparagraph (C) and inserting the fol- States Government: 102(a). Such additional amounts shall remain lowing new subparagraphs: (1) The Central Intelligence Agency. available until September 30, 2003. ‘‘(C) The Director of the Office of Intelligence (2) The Department of Defense. (2) AUTHORIZATION OF PERSONNEL.—In addi- of the Department of Energy. (3) The Defense Intelligence Agency. tion to the personnel authorized by subsection ‘‘(D) The Director of the Office of Counter- (4) The National Security Agency. (b) for elements of the Community Management intelligence of the Department of Energy’’. (5) The Department of the Army, the Depart- Account as of September 30, 2002, there are here- SEC. 305. MODIFICATION OF REPORTING RE- ment of the Navy, and the Department of the by authorized such additional personnel for QUIREMENTS FOR SIGNIFICANT AN- Air Force. TICIPATED INTELLIGENCE ACTIVI- such elements as of that date as are specified in TIES AND SIGNIFICANT INTEL- (6) The Department of State. the classified Schedule of Authorizations. LIGENCE FAILURES. (7) The Department of the Treasury. (d) REIMBURSEMENT.—Except as provided in Section 502 of the National Security Act of (8) The Department of Energy. section 113 of the National Security Act of 1947 1947 (50 U.S.C. 413a) is amended— (9) The Federal Bureau of Investigation. (50 U.S.C. 404h), during fiscal year 2002 any of- (1) by inserting ‘‘(a) IN GENERAL.—’’ before (10) The National Reconnaissance Office. ficer or employee of the United States or a mem- ‘‘To the extent’’; and (11) The National Imagery and Mapping ber of the Armed Forces who is detailed to the (2) by adding at the end the following new Agency. staff of the Community Management Account subsections: SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- from another element of the United States Gov- ‘‘(b) FORM AND CONTENTS OF CERTAIN RE- TIONS. ernment shall be detailed on a reimbursable PORTS.—Any report relating to a significant an- (a) SPECIFICATIONS OF AMOUNTS AND PER- basis, except that any such officer, employee, or ticipated intelligence activity or a significant in- SONNEL CEILINGS.—The amounts authorized to member may be detailed on a nonreimbursable telligence failure that is submitted to the intel- be appropriated under section 101, and the au- basis for a period of less than one year for the ligence committees for purposes of subsection thorized personnel ceilings as of September 30, performance of temporary functions as required (a)(1) shall be in writing, and shall contain the 2002, for the conduct of the intelligence and in- by the Director of Central Intelligence. following: telligence-related activities of the elements listed (e) NATIONAL DRUG INTELLIGENCE CENTER.— ‘‘(1) A concise statement of any facts perti- in such section, are those specified in the classi- (1) IN GENERAL.—Of the amount authorized to nent to such report. fied Schedule of Authorizations prepared to ac- be appropriated in subsection (a), $27,000,000 ‘‘(2) An explanation of the significance of the company the conference report on the bill H.R. shall be available for the National Drug Intel- intelligence activity or intelligence failure cov- 2883 of the One Hundred Seventh Congress. ligence Center. Within such amount, funds pro- ered by such report. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF vided for research, development, testing, and ‘‘(c) STANDARDS AND PROCEDURES FOR CER- AUTHORIZATIONS.—The Schedule of Authoriza- evaluation purposes shall remain available until TAIN REPORTS.—The Director of Central Intel- tions shall be made available to the Committees September 30, 2003, and funds provided for pro- ligence, in consultation with the heads of the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11589 departments, agencies, and entities referred to (A) A comprehensive description of the review, idential Decision Directive 75, dated December in subsection (a), shall establish standards and including the findings of the Attorney General 28, 2000, entitled ‘‘U.S. Counterintelligence Ef- procedures applicable to reports covered by sub- as a result of the review. fectiveness—Counterintelligence for the 21st section (b).’’. (B) An assessment of the efficacy and ade- Century’’, including any modification of the SEC. 306. MODIFICATION OF AUTHORITIES FOR quacy of current laws and regulations against Strategy or any such Assessment, shall be ap- PROTECTION OF INTELLIGENCE the unauthorized disclosure of classified infor- proved by the President, and shall be submitted COMMUNITY EMPLOYEES WHO RE- mation, including whether or not modifications to the appropriate committees of Congress. PORT URGENT CONCERNS TO CON- of such laws or regulations, or additional laws SEC. 311. PREPARATION AND SUBMITTAL OF RE- GRESS. or regulations, are advisable in order to further PORTS, REVIEWS, STUDIES, AND (a) AUTHORITY OF INSPECTOR GENERAL OF protect against the unauthorized disclosure of PLANS RELATING TO DEPARTMENT CENTRAL INTELLIGENCE AGENCY.—Section such information. OF DEFENSE INTELLIGENCE ACTIVI- 17(d)(5) of the Central Intelligence Agency Act (C) Any recommendations for legislative or ad- TIES. of 1949 (50 U.S.C. 403q(d)(5)) is amended— ministrative action that the Attorney General (a) CONSULTATION IN PREPARATION.—The Di- (1) in subparagraph (B), by striking the sec- considers appropriate, including a proposed rector of Central Intelligence shall ensure that ond sentence and inserting the following new draft for any such action, and a comprehensive any report, review, study, or plan required to be sentence: ‘‘Upon making the determination, the analysis of the Constitutional and legal rami- prepared or conducted by a provision of this Inspector General shall transmit to the Director fications of any such action. Act, including a provision of the classified notice of the determination, together with the (2) The report shall be submitted in unclassi- Schedule of Authorizations or a classified annex complaint or information.’’; and fied form, but may include a classified annex. to this Act, that involves the intelligence or in- (2) in subparagraph (D)(i), by striking ‘‘does telligence-related activities of the Department of not transmit,’’ and all that follows through SEC. 308. MODIFICATION OF AUTHORITIES RE- Defense shall be prepared or conducted in con- LATING TO OFFICIAL IMMUNITY IN ‘‘subparagraph (B),’’ and inserting ‘‘does not sultation with the Secretary of Defense or an find credible under subparagraph (B) a com- INTERDICTION OF AIRCRAFT EN- GAGED IN ILLICIT DRUG TRAF- appropriate official of the Department des- plaint or information submitted under subpara- FICKING. ignated by the Secretary for that purpose. graph (A), or does not transmit the complaint or (a) CERTIFICATION REQUIRED FOR IMMU- (b) SUBMITTAL.—Any report, review, study, or information to the Director in accurate form NITY.—Subsection (a)(2) of section 1012 of the plan referred to in subsection (a) shall be sub- under subparagraph (B),’’. National Defense Authorization Act for Fiscal mitted, in addition to any other committee of (b) AUTHORITIES OF INSPECTORS GENERAL OF Year 1995 (Public Law 103–337; 108 Stat. 2837; 22 Congress specified for submittal in the provision THE INTELLIGENCE COMMUNITY.—Section 8H of U.S.C. 2291–4) is amended by striking ‘‘, before concerned, to the following committees of Con- the Inspector General Act of 1978 (5 U.S.C. the interdiction occurs, has determined’’ and in- gress: App.) is amended— (1) The Committees on Armed Services and (1) in subsection (b), by striking the second serting ‘‘has, during the 12-month period ending on the date of the interdiction, certified to Con- Appropriations and the Select Committee on In- sentence and inserting the following new sen- telligence of the Senate. tence: ‘‘Upon making the determination, the In- gress’’. (b) ANNUAL REPORTS.—That section is further (2) The Committees on Armed Services and spector General shall transmit to the head of the Appropriations and the Permanent Select Com- establishment notice of the determination, to- amended— (1) by redesignating subsection (c) as sub- mittee on Intelligence of the House of Represent- gether with the complaint or information.’’; and atives. (2) in subsection (d)(1), by striking ‘‘does not section (d); and SEC. 312. ALIEN TERRORIST REMOVAL PRO- transmit,’’ and all that follows through ‘‘sub- (2) by inserting after subsection (b) the fol- lowing new subsection (c): CEEDINGS. section (b),’’ and inserting ‘‘does not find cred- Section 504 of the Immigration and Nation- ible under subsection (b) a complaint or infor- ‘‘(c) ANNUAL REPORTS.—(1) Not later than February 1 each year, the President shall sub- ality Act (8 U.S.C. 1534) is amended by adding mation submitted to the Inspector General under the following subsection after subsection (k)— subsection (a), or does not transmit the com- mit to Congress a report on the assistance pro- vided under subsection (b) during the preceding ‘‘(l) No later than 3 months from the date of plaint or information to the head of the estab- enactment of this Act, the Attorney General lishment in accurate form under subsection calendar year. Each report shall include for the calendar year covered by such report the fol- shall submit a report to Congress concerning the (b),’’. effect and efficacy of Alien Terrorist Removal SEC. 307. REVIEW OF PROTECTIONS AGAINST THE lowing: ‘‘(A) A list specifying each country for which proceedings, including the reasons why pro- UNAUTHORIZED DISCLOSURE OF ceedings pursuant to this section have not been CLASSIFIED INFORMATION. a certification referred to in subsection (a)(2) used by the Attorney General in the past, and (a) REQUIREMENT.—The Attorney General was in effect for purposes of that subsection the effect on the use of these proceedings after shall, in consultation with the Secretary of De- during any portion of such calendar year, in- the enactment of the U.S.A. Patriot Act of fense, Secretary of State, Secretary of Energy, cluding the nature of the illicit drug trafficking 2001.’’. Director of Central Intelligence, and heads of threat to each such country. such other departments, agencies, and entities ‘‘(B) A detailed explanation of the procedures SEC. 313. TECHNICAL MODIFICATIONS. of the United States Government as the Attor- referred to in subsection (a)(2)(B) in effect for The Director of Central Intelligence shall pro- ney General considers appropriate, carry out a each country listed under subparagraph (A), in- vide, prior to conference, any technical modi- comprehensive review of current protections cluding any training and other mechanisms in fications to existing legal authorities needed to against the unauthorized disclosure of classified place to ensure adherence to such procedures. facilitate Intelligence Community counterter- information, including— ‘‘(C) A complete description of any assistance rorism efforts. (1) any mechanisms available under civil or provided under subsection (b). TITLE IV—CENTRAL INTELLIGENCE criminal law, or under regulation, to detect the ‘‘(D) A summary description of the aircraft AGENCY unauthorized disclosure of such information; interception activity for which the United States SEC. 401. ONE-YEAR EXTENSION OF CENTRAL IN- and Government provided any form of assistance TELLIGENCE AGENCY VOLUNTARY (2) any sanctions available under civil or under subsection (b). SEPARATION PAY ACT. criminal law, or under regulation, to deter and ‘‘(2) Each report under paragraph (1) shall be Section 2 of the Central Intelligence Agency punish the unauthorized disclosure of such in- submitted in unclassified form, but may include Voluntary Separation Pay Act (50 U.S.C. 403–4 formation. a classified annex.’’. note) is amended— (b) PARTICULAR CONSIDERATIONS.—In car- SEC. 309. ONE-YEAR SUSPENSION OF REORGA- (1) in subsection (f), by striking ‘‘September rying out the review required by subsection (a), NIZATION OF DIPLOMATIC TELE- 30, 2002’’ and inserting ‘‘September 30, 2003’’; the Attorney General shall consider, in par- COMMUNICATIONS SERVICE PRO- and ticular— GRAM OFFICE. (2) in subsection (i), by striking ‘‘or 2002’’ and (1) whether the administrative regulations Notwithstanding any provision of subtitle B of inserting ‘‘2002, or 2003’’. and practices of the intelligence community are title III of the Intelligence Authorization Act for SEC. 402. MODIFICATIONS OF CENTRAL SERVICES adequate, in light of the particular requirements Fiscal Year 2001 (Public Law 106–567; 114 Stat. PROGRAM. of the intelligence community, to protect against 2843; 22 U.S.C. 7301 et seq.), relating to the reor- (a) ANNUAL AUDITS.—Subsection (g)(1) of sec- the unauthorized disclosure of classified infor- ganization of the Diplomatic Telecommuni- tion 21 of the Central Intelligence Agency Act of mation; and cations Service Program Office, no provision of 1949 (50 U.S.C. 403u) is amended— (2) whether recent developments in tech- that subtitle shall be effective during the period (1) by striking ‘‘December 31’’ and inserting nology, and anticipated developments in tech- beginning on the date of the enactment of this ‘‘January 31’’; and nology, necessitate particular modifications of Act and ending on October 1, 2002. (2) by striking ‘‘conduct’’ and inserting ‘‘com- current protections against the unauthorized SEC. 310. PRESIDENTIAL APPROVAL AND SUBMIS- plete’’. disclosure of classified information in order to SION TO CONGRESS OF NATIONAL (b) PERMANENT AUTHORITY.—Subsection (h) further protect against the unauthorized disclo- COUNTERINTELLIGENCE STRATEGY of that section is amended— sure of such information. AND NATIONAL THREAT IDENTIFICA- (1) by striking paragraph (1); (c) REPORT.—(1) Not later than May 1, 2002, TION AND PRIORITIZATION ASSESS- (2) by redesignating paragraphs (2) and (3) as the Attorney General shall submit to Congress a MENTS. paragraphs (1) and (2), respectively; report on the review carried out under sub- The National Counterintelligence Strategy, (3) in paragraph (1), as so redesignated, by section (a). The report shall include the fol- and each National Threat Identification and striking ‘‘paragraph (3)’’ and inserting ‘‘para- lowing: Prioritization Assessment, produced under Pres- graph (2)’’; and

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11590 CONGRESSIONAL RECORD — SENATE November 8, 2001 (4) in paragraph (2), as so redesignated, by today is a testament to his qualifica- Carolina judgeship with extensive ex- striking ‘‘paragraph (2)’’ and inserting ‘‘para- tions, character, and ability. perience as a State prosecutor in Rich- graph (1)’’. Judge Wooten has spent almost all of land County, as the Assistant U.S. At- Mr. REID. Mr. President, I move to his professional life in public service. torney, and as a Magistrate Judge. He reconsider the vote, and I move to lay He has served ably and diligently as a was chosen for the position of Mag- that motion on the table. U.S. Magistrate Judge since 1999. Prior istrate Judge by the judges of the Fed- The motion to lay on the table was to that, he worked as a federal pros- eral District Court for the District of agreed to. ecutor for seven years. In the U.S. At- South Carolina. I can think of no bet- f torney’s office, he served as the lead ter testament to his character and Task Force attorney for major drug qualifications and am pleased he will UNANIMOUS CONSENT AGREE- and violent crime prosecutions. be joining their ranks. He will serve MENT—EXECUTIVE CALENDAR Morever, he was the Republican chief our judicial system well. Mr. REID. Mr. President, I ask unan- counsel on the Judiciary Committee Mr. LEAHY. Mr. President, I con- imous consent, as in executive session, while I was Ranking Member, and did gratulate the nominee and his family that on Tuesday, November 13, at 2:15 an exceptional job in that capacity. on his nomination and on what is soon p.m. the Senate proceed to executive It is unfortunate that some allega- to be his confirmation by the Senate session to consider Calendar No. 511, tions were raised during the commit- and appointment by the President to that the Senate vote immediately on tee’s consideration of his nomination. the United States District Court for confirmation of the nomination, that However, once the investigation of this South Carolina. I thank all members of the President be immediately notified matter was complete, it was clear that the Judiciary Committee for their at- of the Senate’s actions, and the Senate there was no merit to them whatso- tention to this nomination and thank return to legislative session. ever. the majority leader for his help in The PRESIDING OFFICER. Without During the Judiciary executive busi- scheduling this vote. objection, it is so ordered. ness meeting earlier today, Chairman Since July 2001, when the Senate was Mr. REID. Mr. President, I ask unan- LEAHY and Senator BIDEN, who was allowed to reorganize and the com- imous consent that request be modi- chairman of the committee at the time mittee membership was set, we have fied—that the chairman and ranking Judge Wooten was a staff member, maintained a strong effort to consider member of the Judiciary Committee be both spoke favorably of his nomina- judicial and executive nominees. With tion. I appreciated their remarks. I was given 15 minutes equally divided, and the confirmation of Judge Wooten, we also very pleased that all members of the vote occur at 2:30 rather than at reach additional milestones. Judge the committee supported his can- 2:15. Wooten is the 17th judicial nominee we didacy. The PRESIDING OFFICER. Is there have confirmed since July. That is Judge Wooten is a man of honesty more total judges this year than were objection? and integrity, and this process has sim- confirmed in 1989, the first year of the Mr. MCCAIN. Reserving the right to ply reaffirmed that fact. I am confident first Bush administration, and as many object, and I will not object, I have a that he will make an excellent addition as were confirmed in all of the 1996 ses- question for the majority whip. I was to the District Court. sion. Of course, in 1996, the Senate ma- told that it might be the intention to Mr. HOLLINGS. Mr. President, I rise jority at that time did not proceed on take up the Internet tax issue; is that today to congratulate my fellow South a single nominee to a Court of Appeals correct or incorrect? Carolinian, Terry Wooten, who will be and limited itself to confirming only 17 Mr. REID. That decision has not been confirmed today to the U.S. District judges to the District Courts. We have made as yet. Court for South Carolina. this year already confirmed four nomi- Mr. MCCAIN. I have no objection. Terry Wooten graduated Phi Beta nees to the Courts of Appeals. The PRESIDING OFFICER (Mr. Kappa from the University of South Thus, despite all the upheavals we BAYH). Without objection, it is so or- Carolina in 1976 where he continued on have experienced this year with the dered. to law school. Following law school, he shifts in chairmanship and, more im- The Senator from Nevada. worked in a private two-man firm that portantly, the need to focus our atten- f focused on criminal defense and per- tion on responsible action in the fight sonal injury cases. Two years later, he EXECUTIVE SESSION against international terrorism, we served as Assistant Solicitor for Rich- have matched or beaten the number of land County where he handled hun- confirmations of judges during the first NOMINATION OF TERRY L. dreds of cases including murders, year of first Bush administration and WOOTEN TO BE U.S. DISTRICT criminal sexual conduct, robberies, the last year of the first Clinton term. JUDGE FOR THE DISTRICT OF drug offenses, burglaries, and many As a judge on the United States Dis- SOUTH CAROLINA other local offenses for 4 years. As a re- trict Court, Judge Wooten will have a sult of his notable service as a local vital role to play in protecting and pre- Mr. REID. Mr. President, I ask unan- prosecutor, Senator THURMOND invited serving our civil liberties in the days imous consent that the Senate proceed him to move to Washington and work ahead. Our system of checks and bal- to executive session to consider the as the chief counsel of the U.S. Senate ances requires that the judicial branch nomination of Terry Wooten to be U.S. Judiciary Committee minority staff for review the acts of the political District Judge, that the Senate vote 5 years. He then served with distinc- branches. immediately on his confirmation, that tion as Assistant U.S. Attorney for Judge Wooten served as the Repub- the President be immediately notified South Carolina for 7 years. In this lican Chief Counsel of the Judiciary of the Senate’s action, and the Senate challenging position, he was assigned Committee when he worked for Sen- return to legislative session. to the major drug and violent crime ator THURMOND. Senator THURMOND has The PRESIDING OFFICER. Without section. Judge Wooten excelled in this been an advocate for this nominee from objection, it is so ordered. role and also served as the chief liaison the beginning. Earlier today the Judi- Mr. THURMOND. Mr. President, I between the relevant Federal agencies ciary Committee considered the rise to express my strong support for and the U.S. Attorney’s office on drug Wooten nomination and voted without the nomination of Terry Wooten to be and violent crime cases in the state. He objection to report it to the Senate. a judge on the District Court for the is well known and respected by all Our bipartisanship in these matters District of South Carolina. I was local law enforcement agencies for his was amply demonstrated by our mov- pleased to recommend him to Presi- hard work with violent crime and drug ing as soon as possible in the wake of dent Bush for this esteemed position. offenders. In 1999, this humble, yet very a serious allegation of wrongdoing to Just hours ago, Judge Wooten was fa- capable man was chosen to be a mag- consider and report a former Repub- vorably reported to the floor by the Ju- istrate judge where he did a marvelous lican staff member for the respected diciary Committee in an 19–0 vote. The job. senior Republican in the Senate. Committee’s unanimous vote and the Terry Wooten comes to the U.S. Dis- I held an expeditious hearing for Senate’s speed in considering him trict Court for the District of South Judge Wooten on August 27, during the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11591 August recess of the Senate. On the ate with a filibuster preventing action they did initiate a 3-week filibuster of morning of the hearing, we received se- on the bill that funds our Nation’s for- the foreign operations appropriations rious allegations about him. These al- eign policy initiatives and provides bill. That is the bill that contains fund- legations raised questions about funds to help build the international ing for our international antiterrorism whether he had provided confidential coalition against terrorism, the Judici- coalition building activities as well as materials to people outside the com- ary Committee nonetheless proceeded other essential military and humani- mittee and the Senate with regard to with yet another hearing for four more tarian programs. Fortunately, cooler the Clarence Thomas nomination. I judicial nominees on October 25, 2001. heads prevailed and that filibuster ulti- asked Judge Wooten questions about Yesterday we convened the fifth mately faded. the allegations and his actions, and he hearing for judicial nominees within There have been other press accounts answered my questions. eight extraordinary weeks—weeks not that some Republican operatives are Senator HATCH and I agreed that the only interrupted by holidays, but by trying to engage the White House and, best course of action would be to ask the aftermath of the terrorist attacks even more unfortunately, the Depart- the FBI to investigate this situation of September 11, the receipt of anthrax ment of Justice in a partisan effort to fully. We had been awaiting the results in the Senate, and the closure of Sen- try to take political advantage of the of that investigation until just re- ate office buildings. Yesterday’s hear- aftermath of the September 11 attacks. cently. Once members of the Judiciary ing was delayed by another unfortu- Were those efforts to go forward, that Committee had a chance to review the nate and unforseen event when one of would be disappointing. The bipartisan FBI materials and all other materials the family members of one of the nomi- effort against terrorism is not some- surrounding this nomination, we nees grew faint and required medical thing that Republicans should try to brought it to a vote. attention. With patience and persever- manipulate in such a way. Had the I believe that the allegations raised ance, the hearing was completed after Senate moved more efficiently on against Judge Wooten were serious and nominations over the last 6 or 7 years, were worthy of inquiry. It appears to attending to those medical needs. In addition, during the time during we would not have had so many vacan- me from materials published in the which we held five hearings on judicial cies perpetuated under their previous aftermath of the confirmation battle nominees, we devoted our attention Senate majority. And finally, as the that confidential committee materials and efforts to expedited consideration facts establish and as our actions today were made available, contrary to our of anti-terrorism legislation. Far from again demonstrate, we are moving rules, to some outside the committee taking a ‘‘time out’’ as some have sug- ahead to fill judicial vacancies with and the Senate. Having asked Judge Wooten about his involvement and hav- gested, this committee has been in nominees who have strong bipartisan ing received his denials, I cannot say overdrive since July and we redoubled support. These include a number of that there is a strong evidentiary basis our efforts after September 11, 2001. very conservative nominees. We have With respect to law enforcement, I on which to challenge his credibility or proceeded on nominees with mixed have noted that the Administration his denials with regard to his involve- ABA peer reviews, including an Ari- was quite slow in making U.S. Attor- ment in such matters. zona nominee who was included in the I have taken Judge Wooten at his ney nominations, although it had hearing just yesterday. As I have word and voted to report his nomina- called for the resignations of U.S. At- noted, we have already confirmed more tion. This afternoon I will vote in favor torneys early in the year. Since we District Court judges since July of this of this nomination. This week we held began receiving nominations just be- year than were confirmed in the entire our ninth hearing on judicial nomina- fore the August recess, we have been first year of the first Bush administra- tions since I became chairman, when able to report and the Senate has con- tion. Had the administration not the Senate was allowed to reorganize firmed approximately 50 of these nomi- changed the confirmation process from and this committee was assigned its nations. We have a few more with in- the precedents that had served us for membership on July 10, 2001. We held complete paperwork and we await ap- more than 50 years, we might have our fifth hearing on judicial nomina- proximately 35 nominations from the been able to confirm a few more. tions since September 11. Overall we administration. These are the Presi- The President has yet even to nomi- have held hearings on 28 judicial nomi- dent’s nominees based on the standards nate to 46 District Court vacancies. I nees, including seven to the Courts of that he and the Attorney General have hope that he will work with the Senate Appeals. Since September 11 we have devised. I have asked for the standards to make sure those nominations will be held hearings on 21 judicial nominees, and criteria they are using, but, as far consensus nominees and that they can including four to the Courts of Appeals. as I am aware, have not received the be considered promptly. Because the Within 2 days of the terrible events courtesy of a reply. White House was slow to name District of September 11, I chaired a confirma- I note, again, that it is most unfortu- Court nominees this year, the bulk of tion hearing for the two judicial nomi- nate that we still have not received those who have not had hearings do not nees who drove to Washington while even a single nomination for any of the even have ABA peer review ratings. interstate air travel was still dis- U.S. Marshal positions. U.S. Marshals When this administration unilaterally rupted. Then on October 4, 2001 we held are often the top Federal law enforce- changed the process from that followed another confirmation hearing for five ment officer in their district. They are by all prior Presidents beginning with judicial nominees, which included a an important frontline component in Eisenhower, it backloaded the process. nominee from Nebraska who was un- homeland security efforts across the There are still nine nominees, received able to attend the earlier hearing be- country. It now appears that we will since September 10, who do not have cause of the disruption in air travel. end the year without a single nomina- ABA peer reviews. On October 18, 2001, in spite of the tion for these 94 critical law enforce- Several others have received mixed closure of Senate office buildings in ment positions. reviews that require additional time the wake of the receipt of a letter con- In the wake of the terrorist attacks and study. I have noted that at our taining anthrax spores and Senate staff on September 11, many of us have been most recent hearing we included a Dis- and employees were testing positive for disdaining partisanship to join to- trict Court nominee from Arizona with anthrax exposure, the committee pro- gether in a bipartisan effort in the best a review that includes a minority of ceeded under extraordinary cir- interests of the country. There were re- the peer review declaring the candidate cumstances in the U.S. Capitol to hold ports within 10 days of September 11 ‘‘not qualified’’ to be a District Court a hearing for five more judicial nomi- that some Republicans were dis- judge. In addition, there are at least nees. The building housing the Judici- appointed because they would not be two more with those mixed ratings and ary Committee hearing room was able to filibuster appropriations bills at least one District Court nominee closed, as were the buildings housing and contend that the Senate was treat- with a ‘‘not qualified’’ rating. Those the offices of all the Senators on the ing Bush judicial nominees as badly as ratings caution against rushing people committee. Still we persevered. they had treated the Clinton nominees. through the confirmation process. Two weeks ago, while the Senate Re- Their initial disappointment appar- With this confirmation today, the publicans were shutting down the Sen- ently dissipated within days because Senate will have confirmed another

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11592 CONGRESSIONAL RECORD — SENATE November 8, 2001 five District Court judges just this LEGISLATIVE SESSION During the 5 days of subcommittee week. We held a hearing for five more The PRESIDING OFFICER. Under hearings that I chaired, we heard testi- District Court nominees yesterday. We the previous order, the Senate will now mony from 29 witnesses, including sci- have an additional three District Court return to legislative session. entists, industry and consumer groups, nominees who could be considered as f government officials, the General Ac- soon as they finish their paperwork counting Office, and two individuals and answer questions about their APPOINTMENT OF CONFEREES— H.R. 2833 with firsthand knowledge of the criminal histories. seamier side of the imported food in- Thus, having confirmed 13 District The PRESIDING OFFICER. With re- dustry—a convicted customs broker Court judges in record time, we could gard to H.R. 2883, under the previous and a convicted former FDA inspector. confirm an additional eight with co- order the Senate insists on its amend- operation from the White House, nomi- ments, requests a conference with the Let me briefly recount some of the nees and our Republican colleagues. House on the disagreeing votes of the subcommittee’s findings which make The PRESIDING OFFICER. The two Houses, and the Chair appoints Mr. clear why the legislation I have intro- clerk will report the nomination. GRAHAM of Florida, Mr. LEVIN, Mr. duced is so urgently needed. The assistant legislative clerk read ROCKEFELLER, Mrs. FEINSTEIN, Mr. First, weaknesses in the FDA’s im- the nomination of Terry L. Wooten, of WYDEN, Mr. DURBIN, Mr. BAYH, Mr. port controls—specifically, the ability South Carolina, to be U.S. District EDWARDS, Ms. MIKULSKI, Mr. SHELBY, Judge for the District of South Caro- of importers to control food shipments Mr. KYL, Mr. INHOFE, Mr. HATCH, Mr. lina. from the port to the point of distribu- Mr. REID. Mr. President, I ask for ROBERTS, Mr. DEWINE, Mr. THOMPSON, tion—make the system very vulnerable the yeas and nays. Mr. LUGAR; from the Committee on to fraud and deception, and clearly vul- The PRESIDING OFFICER. Is there a Armed Services, Mr. REED and Mr. nerable to a concerted bioterrorist at- sufficient second? WARNER, conferees on the part of the tack. There is a sufficient second. Senate. The question is, Will the Senate ad- Mr. ALLEN. I suggest the absence of Second, the bonds required to be vise and consent to the nomination of a quorum. posted by importers who violate food Terry L. Wooten, of South Carolina, to The PRESIDING OFFICER. The safety laws are so low that they are be United States District Judge for the clerk will call the roll. simply considered by some unscrupu- District of South Carolina? On this The assistant legislative clerk pro- lous importers to be a cost of doing question, the yeas and nays have been ceeded to call the roll. business. ordered, and the clerk will call the roll. Ms. COLLINS. Mr. President, I ask Third, maintaining the food safety The assistant legislative clerk called unanimous consent the order for the net for imported food is an increasingly the roll. quorum call be dispensed with. complicated and complex task, made Mr. REID. I announce that the Sen- The ACTING PRESIDENT pro tem- more complicated by previously un- ator from Georgia (Mr. CLELAND) and pore. Without objection, it is so or- known food pathogens, such as the Senator from Georgia (Mr. MILLER) dered. are necessarily absent. Ms. COLLINS. Mr. President, I ask Cyclospora, that are difficult to detect. The PRESIDING OFFICER. Are there unanimous consent I be permitted to Our recent experience with anthrax has any other Senators in the Chamber de- proceed as in morning business for up taught us there is much that public siring to vote? to 15 minutes. health officials still need to know when The result was announced—yeas 98, The ACTING PRESIDENT pro tem- dealing with such pathogens and bac- nays 0, as follows: pore. Without objection, it is so or- teria. [Rollcall Vote No. 333 Ex.] dered. Fourth, because some imported food YEAS—98 f can be contaminated by substances Akaka Durbin Lugar that cannot be detected by visual in- Allard Edwards McCain FOOD SAFETY Allen Ensign McConnell Ms. COLLINS. Mr. President, earlier spections, grant programs are needed Baucus Enzi Mikulski this week I introduced the Imported to encourage the development of food Bayh Feingold Murkowski Food Safety Act of 2001. Food safety safety monitoring devices and sensors Bennett Feinstein Murray that are capable of detecting chemical Biden Fitzgerald Nelson (FL) has long been a serious public health Bingaman Frist Nelson (NE) concern in America, but awareness of and biological contaminants. Bond Graham Nickles the vulnerability of our food supply has Fifth, since contamination of im- Boxer Gramm Reed heightened since September 11. ported food can occur at many dif- Breaux Grassley Reid Brownback Gregg I have long been concerned about the Roberts ferent places from the farm to the Bunning Hagel Rockefeller adequacy of our system for screening table, the ability to trace outbreaks of Burns Harkin Santorum and ensuring the safety of imported Byrd Hatch foodborne illnesses back to the source Sarbanes Campbell Helms food. In 1998, in my capacity of of contamination requires more coordi- Schumer Cantwell Hollings chairing the Permanent Subcommittee nated effort among Federal, State, and Carnahan Hutchinson Sessions Shelby on Investigations, I began a 16-month local agencies responsible for ensuring Carper Hutchison investigation of the safety of imported Chafee Inhofe Smith (NH) food safety, as well as improved edu- Clinton Inouye Smith (OR) foods. This investigation revealed cation for health care providers so that Cochran Jeffords Snowe much about the Government’s flawed they can better recognize and treat Collins Johnson Specter food safety net. Regrettably, in the in- Stabenow foodborne illnesses. Again, our recent Conrad Kennedy tervening years little has changed, and Corzine Kerry Stevens experience with anthrax underscores Craig Kohl Thomas now we must acknowledge that the the need for better coordination and Crapo Kyl Thompson systemic shortcomings can also be ex- education. Daschle Landrieu Thurmond ploited by bioterrorists. Dayton Leahy Torricelli As part of the investigation, I asked Since the terrorist attacks that oc- DeWine Levin Voinovich curred just weeks ago, we have been Dodd Lieberman Warner the General Accounting Office to Domenici Lincoln Wellstone evaluate the Federal Government’s ef- living in a changed world. We are bat- Dorgan Lott Wyden forts to ensure the safety of imported tling enemies who show no regard for NOT VOTING—2 food. In its April 1998 report, the Gen- the value of human life, and whose Cleland Miller eral Accounting Office concluded that twisted minds seek to destroy those The nomination was confirmed. ‘‘Federal efforts to ensure the safety of who embody democracy and freedom. It Mr. REID. Mr. President, I move to imported foods are inconsistent and has never been as important as it is reconsider the vote and I move to lay unreliable.’’ Just last month, the GAO now to ensure that our food supplies that motion on the table. reiterated that conclusion in testi- are adequately protected against con- The motion to lay on the table was mony before the Subcommittee on tamination, both inadvertent and in- agreed to. Oversight of Government Management. tentional.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11593 President Bush and his administra- In 1996, Federal inspectors along our shipments offered by repeat offenders tion are acting swiftly and decisively border with Mexico opened a shipment prior to their release into commerce. on all fronts. Among the responsibil- of seafood destined for sales to res- Unscrupulous shippers who have dem- ities of the Office of Homeland Secu- taurants in Los Angeles. The shipment onstrated a willingness to knowingly rity is the protection of our livestock was dangerously tainted with life- send tainted food to our country can- and agricultural systems from terrorist threatening contaminants, including not be overlooked as potential sources attack. The administration has re- botulism, Salmonella, and just plain of bioterrorist acts. My bill would also quested additional funding to beef up filth. Much to the surprise of the in- prohibit the practice of ‘‘port-shop- security at our borders and to add spectors, this shipment of frozen fish ping,’’ and would require that boxes more inspectors to evaluate the safety had been inspected before by Federal containing violative foods that have of food imports. And the Secretary of authorities. Alarmingly, in fact, it had been refused entry into our country be Health and Human Services, Tommy arrived at our border 2 years before, clearly marked. This latter authority Thompson, has been working tirelessly and had been rejected by the FDA as is currently used with success by the to obtain the additional tools nec- unfit for consumption. Its importers U.S. Department of Agriculture. My essary to combat bioterrorism. then held this rotten shipment for 2 bill also would require the destruction On October 17, 2001, Secretary years before attempting to bring it of certain imported foods that cannot Thompson appeared before the Senate’s into the country again, by a different be adequately reconditioned to ensure Governmental Affairs Committee, and route, and a different port in the hope safety. testified about the Federal Govern- of shipping this seafood through the in- What happens now is that when the ment’s efforts to ensure that the coun- spection system. food is ordered to be reexported and de- try is adequately prepared to respond The inspectors only narrowly pre- nied entrance into this country, it is vented this poisoned fish from reaching to bioterrorist threats. He identified not destroyed, even if it is completely American plates. And what happened food safety and, in particular, imported unfit for human consumption and can- to the importer who tried to sell this foods, as vulnerable areas that require not be made safe. further strengthening. Similarly, at a deadly food to American consumers? In Third, the legislation would direct effect, nothing. He was placed on pro- recent hearing before the Health, Edu- the FDA to develop criteria for use by bation and asked to perform 50 hours of cation, Labor, and Pensions Com- private laboratories to collect and ana- mittee, every single public health ex- community service. I suppose, given how few shipments lyze samples of food offered for import. pert who testified before us expressed are inspected by FDA inspectors, we This will help ensure the integrity of concern about the vulnerability of our should count ourselves lucky that the testing process. What happens now is that it is often food supplies. these perpetrators were caught at all Weak import controls make our sys- the very same shipper who tried to slip since, as I mentioned earlier, fewer tem all too easy to circumvent. After the tainted food into our country who than 1 percent of all shipments of im- all, FDA only inspects fewer than 1 is responsible for taking it to a lab and ported food under the jurisdiction of percent of all imported food shipments FDA are actually inspected. Unsafe getting it tested. Obviously, that is that arrive in our country. Those ship- food might have escaped detection and like putting the fox in charge of the ments are sent from countries around reached our tables. But it worries me hen house and offers very little protec- the world, most of whom wish us no that the importer essentially received tion to consumers. harm. Yet, because of the hard lessons Fourth, the legislation would give a slap on the wrist. I believe that for- we have had to learn since September ‘‘teeth’’ to the current food import sys- feiting the small amount of money cur- 11, we must be more vigilant about pro- tem by establishing two strong deter- rently required for the Customs’ bond, tecting ourselves. It is vital that we rents—the threats of higher bonds and which some importers now consider no take the necessary steps to close the of debarment—for unscrupulous im- more than a ‘‘cost of doing business,’’ loopholes that unscrupulous shippers porters who repeatedly violate U.S. does little to deter unscrupulous im- have used in the past and that bio- law. No longer will the industry’s ‘‘bad porters from trying to slip tainted fish terrorists could exploit now. actors’’ be able to profit from endan- that is 2 years old past overworked I first became concerned about the gering the health of American con- safety of the U.S. food supply in 1998 Customs agents. It is imperative that Congress pro- sumers. In other words, if the shipper when I learned that fruit from Mexico vide our Federal agencies with the di- is found to be repeatedly violating Fed- and Guatemala was associated with rection, resources, and authority nec- eral laws regarding food safety, we three multi-state outbreaks of essary to protect our food supply from could ban that shipper from importing foodborne illnesses that sickened thou- acts of bioterrorism and to keep un- anything into the United States. We sands of Americans. Regrettably, those safe, unsanitary food out of the United will just kick them out of the business type of outbreaks are far too common. States. altogether. The Centers for Disease Control and I have worked with the FDA, the Cus- Finally, my legislation would author- Prevention estimate that 76 million toms Service, and the CDC to ensure ize the CDC to award grants to State cases of foodborne illnesses occur each that my legislation corrects many of and local public health agencies to year. Fortunately, the majority of the vulnerabilities that have been iden- strengthen the public health infra- these incidents are mild and cause tified in our imported food safety sys- structure by updating essential items, symptoms for only a day or two. Less tem. Let me describe what this bill is such as laboratory and electronic re- fortunately, the CDC also estimates designed to accomplish. porting equipment. Grants would also that over 325,000 hospitalizations and My legislation would fill the existing be available for universities, nonprofit 5,000 deaths result from those 76 mil- gaps in the food import system and corporations, and industrial partners lion cases. And as astonishingly high provide the FDA with stronger author- to develop new and improved sensors as those numbers are, they are esti- ity to protect American consumers and tests to detect pathogens, and for mates, and the truth may be even more against tainted food imports. First and professional schools and societies to deadly. foremost, this bill gives the FDA the develop programs to increase the It was because of my concern that I authority to stop such food from enter- awareness of foodborne illness among began the subcommittee’s investiga- ing our country. My bill would author- health care providers and the general tion of the adequacy of our country’s ize FDA to deny the entry of imported public. imported food safety system. The testi- food that has caused repeated out- We are truly fortunate that the mony I heard was troubling. The U.S. breaks of foodborne illnesses, presents American food supply is the safest in Customs Service told us of one particu- a reasonable probability of causing se- the world. But our system for safe- larly egregious case. It involved con- rious adverse health consequences or is guarding our citizens from imported taminated fish and illustrated the chal- likely without systemic changes to food that has been tainted, either in- lenges facing federal regulators who cause disease again. tentionally or inadvertently, is fun- are charged with ensuring the safety of Second, this legislation would enable damentally flawed. We need to work our Nation’s food supply. the FDA to require secure storage of together to correct this problem.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11594 CONGRESSIONAL RECORD — SENATE November 8, 2001 In that regard, I am pleased to report For the fifth or sixth time in the last cial appointments that are going to go that I am working with my colleagues 2 weeks, I ask unanimous consent the through until this bill goes through. on bipartisan bioterrorism legislation Senate proceed to Calendar No. 191, S. This should be a priority. that targets problems posed by bioter- 739, the Homeless Veterans Program I make a plea to my colleagues from rorist threats to our Nation’s food sup- Improvement Act; that the committee- the other side of the aisle, find out who ply. I believe that the measures pro- reported substitute amendment be it is, the Senator who is blocking this vided for in my Imported Food Safety agreed to; that the bill, as amended, be consideration. No one has ever even Act of 2001, as well as the bipartisan read three times, passed, and the mo- given me the slightest hint why. Let’s bioterrorism bill we are drafting, will tion to reconsider be laid upon the get this work done. significantly reduce this potential table, with no intervening action or de- f threat to our country. It is my hope bate. DEPARTMENTS OF VETERANS AF- that parts of my bill will be incor- The ACTING PRESIDENT pro tem- FAIRS AND HOUSING AND URBAN porated into the comprehensive bioter- pore. Is there objection? DEVELOPMENT, AND INDE- rorism bill that we are working on now Mr. CRAIG. Mr. President, reserving PENDENT AGENCIES APPROPRIA- and that we will pass it this year. the right to object, I know how com- TIONS ACT, 2002—CONFERENCE Mr. President, we need to take action mitted the Senator is to this issue, and REPORT now. We have identified a threat to our much of that issue I agree with. I hope food supply. We know what we need to sometime in the future we can deal The ACTING PRESIDENT pro tem- do to put in place the safeguards that with it. It is important, certainly to pore. The Senator from Maryland. are needed. those who meet the standards and the Ms. MIKULSKI. Mr. President, I sub- Mr. President, I yield the floor and qualifications which the Senator has mit a report of the committee of con- suggest the absence of a quorum. proposed. ference on the bill, H.R. 2620, and ask The ACTING PRESIDENT pro tem- At this time I believe it necessary to for its immedidate consideration. pore. The clerk will call the roll. object, and I do object. The ACTING PRESIDENT pro tem- The legislative clerk proceeded to The ACTING PRESIDENT pro tem- pore. call the roll. pore. Objection is heard. The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- The Senator from Minnesota. The committee of conference on the dis- imous consent the order for the Mr. WELLSTONE. Mr. President, I agreeing votes of the two Houses on the quorum call be rescinded. have spoken about this before. The amendment of the Senate to the bill (H.R. The ACTING PRESIDENT pro tem- Senator from Idaho was objecting on 2620) making appropriations for the Depart- behalf of someone else. He said: I hope ments of Veterans Affairs and Housing and pore. Without objection, it is so or- Urban Development, and for sundry inde- dered. this legislation passes soon because we pendent agencies, boards, commission, cor- f all support this, or because it is impor- porations, and offices for the fiscal year end- tant, something to that effect. ing September 30, 2002, and for other pur- UNANIMOUS CONSENT AGREE- This legislation passed the veterans poses, having met have agreed that the MENT—H.R. 2620 CONFERENCE committee on a 21–0 vote. It is the kind House recede from its disagreement to the REPORT of legislation you massage—LANE amendment of the Senate and agree to the Mr. REID. Mr. President, I ask unan- EVANS has done this in the House—so same with an amendment, signed by all of imous consent that when the Senate you get everybody agreeing. It is really the conferees on the part of both Houses. considers the conference report to ac- important. I have gone through all the The Senate proceeded to consider the company H.R. 2620, the VA–HUD appro- details before. conference report. priations bill, that there be 45 minutes It is there in terms of making sure (The conference report is printed in for debate with respect to the report, you have the job training, the services the House proceedings of the RECORD of with the time equally divided and con- for people, and the health care for peo- November 6, 2001, at page H7787.) trolled among the chairperson and ple struggling with addiction or strug- Ms. MIKULSKI. Mr. President, it is ranking member of the subcommittee gling with posttraumatic stress syn- with a great deal of pride that I bring and Senator MCCAIN or their designees; drome, transition to other housing. It this conference report to the Senate. I that upon the use or yielding back of is really important to do. take this opportunity to thank my Re- all time, without further intervening Veterans Day is coming in just a few publican colleague, the ranking mem- action, the Senate proceed to vote on days. ber, Senator BOND of Missouri. This has adoption of the conference report. My last point is that even though my been a year of tumultuous change in Mr. President, this would mean Sen- colleague from Idaho says we all think our country. ator MIKULSKI, Senator BOND, and Sen- it is a good thing to do, for 2 weeks I On Tuesday a year ago, we thought ator MCCAIN would each have 15 min- have come out here and I have asked: we had elected the President. It went utes if they choose to use that time. Who is the Senator who has an anony- on for 35 days—unprecedented. We were The ACTING PRESIDENT pro tem- mous hold on this bill? If he or she op- turned into a 50–50 Senate—again un- pore. Without objection, it is so or- poses it, come out and debate it. This precedented. dered. is no way to proceed. As a result, I Senator BOND chaired the committee Mr. REID. Mr. President, I suggest have put a hold on every bill intro- in January and then, after Senator the absence of a quorum. duced by my colleagues from the other JEFFORDS’ decision, the reins passed to The ACTING PRESIDENT pro tem- side, all of them that are unanimous me. pore. The clerk will call the roll. consent and have a great deal of merit. I say publicly, I thank Senator BOND The legislative clerk proceeded to I am not giving up any of my leverage. for the graciousness in the way he call the roll. It is unconscionable that this piece of transited the gavel and the chairman- Mr. WELLSTONE. Mr. President, I legislation has been blocked through ship to me. He did it with graciousness ask unanimous consent that the order an anonymous hold. It is no way to say and efficiency. His staff could not have for the quorum call be rescinded. thanks to veterans. The veterans in the been more cooperative or collegial. Be- The ACTING PRESIDENT pro tem- military say: We don’t leave our cause of that, our subcommittee didn’t pore. Without objection, it is so or- wounded behind. We have a lot of miss a beat, and we didn’t miss a buck. dered. wounded left behind on the streets of We went to work on behalf of veterans, f our country who are homeless. housing, the environment, investments If I got started on this issue, I could in space, science, technology, as well as UNANIMOUS CONSENT REQUEST— spend about 10 hours expressing my in- other agencies. I thank him for that. S. 739 dignation at what has happened. Out of I bring to the Senate’s attention a Mr. WELLSTONE. Mr. President, I deference to Senator MIKULSKI, I will summary of the bill. This act provides see Senator MIKULSKI here; I assume not. for a total of $112.7 billion for all the Senator BOND will be here. I will just Again, there aren’t going to be any programs within the bill, which is $4.8 take but a moment. bills beyond appropriations and judi- billion or 4 percent over the fiscal year

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11595 2001 level. This includes $27.3 billion in will mean more rental property will be we fund the Fire Grant Program at $150 mandatory funding, an increase of $1.8 available. We cannot voucher our way million in order to be able to fund the billion over the fiscal year 2001 level, out of our housing crisis. We need a firefighters’ need of protective gear and $85.4 billion in discretionary spend- new production program. This has long and equipment. This program is au- ing, which is an increase of $3 billion been a position held by my colleague, thorizing $3 billion. We would prefer to over last year. Senator BOND. I look forward to the do more and look forward to doing What this bill essentially does is recommendation of the Millennial more in the stimulus package. We un- meet compelling human need. It meets Housing Commission and the Commis- derstand Senator BYRD is going to compelling human need in terms of our sion on Senior Housing. We look to work closely with us to do this. veterans, in terms of the poor, meeting those in the private sector and the non- In order to be protected by the fire- the day-to-day needs of the working profit sector to give us guidance on fighters, we need to protect them and poor. It helps rebuild our neighbor- what a 21st century HUD should look make sure they have the protective hoods and communities. Through its like, which will create real hope and gear, respiratory gear, and the techno- funding for FEMA, it protects our opportunity. We provided the inspector logical tools to go into horrific situa- homeland security. And it invests in general with no less than $5 million, tions. In order to be able to protect us, science and technology through NASA and this will also be going after preda- they need to have the right equipment. and the National Science Foundation. tory lending. Many firefighters in America are vol- For our veterans, we have increased Let’s move on now to EPA. For EPA, unteers; we ask them to do it on their veterans health care by over $1 billion the conference agreement provides $7.9 own time and on their own dime. We from last year, bringing it to a total of billion, an increase of $587 million can’t protect our firefighters and give $21.3 billion. This would allow the VA above the budget level. This is $75 mil- them the equipment they need based healthcare system to serve 4 million lion above what we funded last year. on bingo and fish fries at the local patients through 2002. This conference What do we get for our money? First of level—although, I sure like those bingo agreement also provides the VA the all, we get EPA enforcement. This is games and fish fries. They are fun ability to open 33 new outpatient clin- funded at last year’s level of $465 mil- things to do, but they are not a reliable ics. It would also continue to allow re- lion. We can keep the current level of funding stream. We have to back them. search and treatment of chronic dis- enforcement. Let’s go to NASA. We provide $14.8 ease; diagnosis and treatment for Alz- The conference agreement also keeps billion for NASA programs, which is heimer’s, Parkinson’s; look at the our commitment to clean and safe $500 million over last year. Our top pri- issues again of special populations, water by fully funding the Clean Water ority remains the safety of our astro- such as stroke and spinal cord injury; State Revolving Loan Fund at $1.35 bil- nauts. We made a significant invest- and continue its groundbreaking re- lion, which is an increase over the ment in shuttle upgrades, including search in the area of prostate cancer. President’s budget request. We also $207 million allocated for safety up- In terms of our veterans, we also fully fund the Drinking Water SRF at grades to the space shuttle. By improv- make a substantial effort to reduce the $850 million, an increase of $27 million ing the safety of the shuttle, we reduce claim time for how long a veteran has over the President’s budget request. the risks to our astronauts. This country is facing an enormous to wait in order to get their disability We fully fund the rest of the shuttle backlog of funding for water infra- benefit. They had to often stand in line program at over $3 billion for fiscal structure projects. Every single one of when they were in the U.S. military. year 2002. For the space station, we re- my colleagues talks to me about sewer But after the way they serve their directed $75 million to other pressing or water infrastructure projects, fail- country, they should not have to stand needs such as safety upgrades to the ing septic tanks, how to comply with in line for almost a year in order to see shuttle and other science and aero- the new arsenic requirement; we have if their disability claim can be proc- nautics programs. We know that aging systems in my own region, as do former astronaut Tom Young is taking essed. We are working on a bipartisan New Orleans and Chicago. I could give a look at our space station. We like it; basis to shorten that. every single Senator a billion dollars As to the Department of Housing and we think it is very important to our to take back to their State, and it Urban Development, we had three would be just a drop in the bucket for country and to the world. But we also goals: Expand housing opportunity for this need. believe that the management of the the poor, rebuild our neighborhoods, I hope, as we look at the stimulus space station has had a fiscal permis- and help special-need populations. To package, we look at how we can fund siveness that has allowed unacceptable do that, we have renewed all the sec- clean water and safe drinking water cost overruns. They had over $4 billion tion 8 housing vouchers. We have fund- projects because, at the end of the day, in overruns. We can’t let that stand. ed this program at $15.6 billion. This is I believe we will stimulate the local This independent review team, $1.7 billion over last year. economy and create jobs but have chaired by former astronaut Tom At the same time, we restored cuts value for our dollar. Young, has given us a new roadmap for proposed by the President to the crit- We also kept our commitment to the station. I can assure the Senate ical public housing capital program by cleanup. We provided $1.27 billion for and our taxpayers that we will be hold- funding it at $2.8 billion. We have in- the cleanup of Superfund sites. This ing hearings and meetings to be able to creased funding for the public housing also includes $95 million for ensure that we keep our commitment operating cost by $250 million over last brownfields. We have included $22.6 to the space station, do our research, year for a total of $3.5 billion. million for the National Estuary Pro- keep our astronauts safe, but at the Knowing that many of our colleagues gram. Again, we have worked closely same time have fiscal responsibility. believe the decisions are best made lo- with the administrator. For the National Science Founda- cally, we wanted to keep our commit- For FEMA, we maintain our commit- tion, the conference agreement pro- ment to the community development ment to protecting our homeland by vides $4.8 billion, an increase of 8.4 per- block grant money, and we have in- providing FEMA with $3 billion. We cent over last year. This represents a creased that by over $200 million. This provide $2.1 billion for disaster relief to downpayment on an effort initiated by year CDBG will be funded at $5 billion. ensure that we are ready to respond to Senator BOND and myself to double the For other HUD programs, we have any future disaster. We have also NSF budget. We want to do that in 5 continued at last year’s level the fund- worked very closely with Joe Allbaugh, years. I think we might have to wait 6 ing for brownfields, housing for the el- the FEMA Director, to be sure we re- years to do it, but we are convinced it derly, and housing for the disabled. But spond to the needs of New York and is in the Nation’s long-term interest we have, in order to create home own- local communities and, at the same that funding for basic research in all ership, included language to raise the time, are ready for those natural disas- science and engineering disciplines FHA loan limit for multifamily hous- ters like hurricanes and tornadoes that must increase substantially. ing by 25 percent this year. This came could affect us. We have increased the funding in sev- from the private sector, home builders, We also wanted to support America’s eral areas for research, such as infor- as well as the AFL–CIO. I believe this heroes, our firefighters, and in this bill mation technology and nanotechnology

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11596 CONGRESSIONAL RECORD — SENATE November 8, 2001 and, of course, in agricultural biotech, port passed last year. Last year, it was ors, airmen, and Marines are kissing their on which, of course, the ranking mem- $970 million. So far this year, the total loved ones goodbye and shipping out to face ber has been a leader. But also, at the of appropriations pork-barrel spending a vicious and bloodthirsty enemy lurking in same time, we really try to back our has already hit a staggering $9 billion. foreign shadows. Right now, Congress should Before I go into some specifics—and grow up and stop treating the domestic young researchers so that young Amer- budget as a political Toys R Us. Americans icans will choose science and scientific it will not be many on this bill—I already are making huge sacrifices. Weak research as a career. would like to quote from an article by tourist revenues have lowered the curtains We have also maintained the Cor- Deroy Murdoch of the Scripps Howard on five Broadway shows. Hotel beds have poration for National Service. Volunta- News Service that was published on Oc- gone empty as conferences have been can- rism is our national trademark, and tober 14, 2001. He says: celed, and weddings have been scaled back or this agreement maintains our commit- Each dollar spent on pork-barrel projects postponed. Major U.S. airlines have fired ment to AmeriCorps and other agencies is one less dollar that can be devoted to the 87,000 employees since terror struck. within it. War on Terror. This inescapable fact some- Amid such national belt-tightening, it is beyond ugly to watch public servants loosen There are also 25 other agencies, but how has escaped members of Congress. While senators and representatives swiftly and their belts as their pork-laden bellies swell. I am not going to go through all 25. We wisely approved $40 billion in recovery and If the American people must live with less, have kept our commitment to them. I defense funds after the Sept. 11 massacre, so must their representatives. thank the President for giving us the they quickly relapsed into old habits. I would like to read the words of opportunity to work with very excel- Congress again is spending money as reck- OMB Director Mitch Daniels who said lent Cabinet people. Again, we were lessly and foolishly as it did on Sept. 10. that in time of war: under very difficult circumstances, Even as U.S. warships steam toward the Per- with a late start, but there was an or- sian Gulf, Citizens Against Government Everything ought to be held up to scru- derly transition. Waste, a Washington-based fiscal watchdog tiny....Situations like this can have a group, has calculated in military terms the clarifying benefit. People who could not I think we have met our charge to opportunity cost of business as usual. identify a low priority or lousy program be- the compelling needs of our constitu- Sidewinder missiles sell for $41,300 each. fore may now see the need. ents, the long-range needs of our Na- . . . Tomahawk Cruise missiles are $1 million tion and done it with fiscal steward- apiece while one F–15 fighter jet costs $15 Mr. President, we obviously have not ship, which I believe the taxpayers re- million. Pork projects chew right through seen the need in this conference report, quire from us. cash that could purchase these and other and I intend to clarify some items Mr. President, that concludes my weapons the Pentagon will need to crush the stuffed in the bill. Let us take a look international terror network and its state at this year’s porkbarrel spending summary of the bill. sponsors. I thank Paul Carliner, Gabriel projects in the VA–HUD conference re- For instance, on Sept. 13, the Senate port before us. Batkin, and Joel Widder of my staff for adopted the fiscal 2002 Commerce, Justice, giving me the support that I needed. I State, and Judiciary Appropriations Bill. No. 10: $1 million for Spring Hill Col- thank John Kamarck and Cheh Kim Consider just several items the Senate ap- lege in Mobile, AL, for construction of from Senator BOND’s staff for their co- proved while the Pentagon and Ground Zero the Regional Library Resource Center; operation and collegiality. still smoldered: No. 9: $175,000 for the Fine Arts Mu- —$2 million for the Oregon Groundfish Mr. President, I hope that at the con- seum of San Francisco, CA, for con- Outreach Program and $850,000 for Chesa- struction needs of the M.H. de Young clusion of our debate, when we take the peake Bay Oyster Research. rollcall, the Senate will support this Cost: 69 sidewinders. Memorial Museum; conference report. They can go back —$6 million for the National Infrastructure No. 8: $1 million for Dubuque, IA, for and talk to every single one of their Institute in Portsmouth, New Hampshire. the development of an American River Cost: Six cruise missiles. Museum; constituents, whether it is a veteran —$204 million for the Advanced Technology from the ‘‘greatest generation,’’ or the Program, a quintessential corporate welfare No. 7: $300,000 for the Central Mis- firefighters, the warriors of this gen- boondoggle, for which the Bush administra- souri Lake of the Ozarks Convention eration, or the scientists who are giv- tion requested only $13 million. and Visitor Bureau Community Center; ing us the ideas to keep America Cost: Thirteen F–15 fighters. No. 6: $750,000 for the Center for Agri- Even more maddening is a brand-new bill strong and safe, or the poor who depend cultural and Rural Development at on us even at this time. We have a to expand farm subsidies one year before the existing spending plan expires. The Farm Se- Iowa State University; great bill and I hope that this bill will curity Act would increase agricultural pork No. 5: $1 million for the Mid-Atlantic pass. by $73.1 billion over the next 10 years. Added Aerospace Complex in West Virginia. I yield the floor. to the $96.9 billion budget baseline, Uncle You will notice, Mr. President, each The PRESIDING OFFICER. The Sen- Sam would plow $170 billion into the ground one of those is earmarked to a specific ator’s time has expired. through the year 2011. This bill authorizes $101 million for honey location. For example, in my State of The Senator from Arizona is recog- Arizona, we just voted a bond issue to nized. producers. The once-terminated wool and mohair program rises again, $202 million expand our convention facilities. They Mr. MCCAIN. Mr. President, I thank strong. Peanut farmers can expect $3.48 bil- are not going to have to do that in the the conferees of this bill for their hard lion. This bill would also revive a $37.1 bil- Central Missouri Lake of the Ozarks work in completing this conference re- lion in ‘‘counter-cyclical assistance’’ which because they are going to build a con- port for this legislation. was scrapped in 1996. vention center, and we are going to The report provides critical Federal I talked about this at another time. give them $300,000 to do so. funding for the Departments of Vet- The U.S. Agriculture Department released Again, No. 5, $1 million for the State erans Affairs, Housing and Urban De- a study last month that describes these sub- of West Virginia, which seems to pop velopment, and Independent Agencies. sidies as spectacularly wasteful and fun- up quite a bit. The conference report spends at a level damentally unfair. Forty-seven percent of of 4.1 percent higher than the level en- agricultural payments go to commercial There is an additional $250,000 to acted in fiscal year 2001. farms with average household incomes of Maui for the control of nuisance sea- In real dollars, this is $2.1 billion in $135,397, more than 21⁄2 times the average weed accumulations on the beaches of American household’s $51,855 in earnings. Kihei, Maui, HI; additional spending above the amount According to the Associated Press, just 10 requested by the President, and a $4.4 $100,000 for the Memphis Zoo in Mem- percent of farm owners shared 63 percent of phis, TN, for the Northwest Passage billion increase in spending from last last year’s $27 billion in federal agriculture year. payments. Campaign; Once again I find myself in the un- Media tycoon Ted Turner received farm $140,000 for the city of El Reno, OK, pleasant position of speaking before aid, as did Portland Trail Blazer Scottie for development of a trolley system; my colleagues about parochial projects Pippen. Modestly paid waitresses and school And $190,000 for the city of in yet another conference report. I bus drivers pay twice for largesse—first Spartanburg, SC, for the Motor Racing through taxes, then again as agricultural have identified over $1 billion in ear- price supports hike their grocery bills.... Museum of the South. marks, which is greater than the cost These legislative hijinks are bad enough in Mr. President, we are in a war. Isn’t of the earmarks in the conference re- peacetime. America is at war. Soldiers, sail- this really unconscionable? Isn’t it

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11597 really unacceptable? Isn’t it really of the limitation on funding, but I be- the fiscal year 2001 level. The bill quite a commentary that the earmarks lieve it strikes the right balance. We maintains funding of the clean water in this year’s bill are higher than last have met many of the administration’s State revolving fund at $1.35 billion year’s bill? Isn’t it interesting that funding priorities, and I compliment and drinking water at $850 million. I each one of these is earmarked for a the administration for not looking to cannot emphasize enough the impor- specific place? Perhaps the Presiding create a series of new programs but in- tance of continuing to maintain fund- Officer’s home State would like to stead focusing on some exceptions, ing for these State revolving funds. compete for money for a Motor Racing maintaining existing program levels The clean water infrastructure fi- Museum of the Midwest since we are and reforming program implementa- nancing alone, there is a need in this giving money to Spartanburg, SC, for tion to ensure that agencies can deliver country for some $200 billion over the the Motor Racing Museum of the assistance under existing program re- next 20 years, excluding replacement South. quirements. costs and operation and maintenance. We are now about to have a big fight The Senator from New Mexico has I want to address some comments with the President and my colleagues asked for a few minutes out of my made about spending characterized in on the other side of the aisle about in- time, so I ask the Presiding Officer to this bill as porkbarrel. The Members of creased spending. How can my col- notify me when I have used 9 minutes this body know this bill funds monies leagues on this side of the aisle go into of time. I do wish to reserve some time that go through to State and local gov- that battle with clean hands when we for Senator DOMENICI for a very press- ernments. This is a measure that in- continue to add porkbarrel project ing issue he must address. cludes funds for the Community Devel- after porkbarrel project—$9 billion so The PRESIDING OFFICER. The Sen- opment Block Grant Program. Under far of unrequested, unauthorized items ator from Maryland. that program, we take Federal dollars that are specifically earmarked for cer- Ms. MIKULSKI. Mr. President, the and send it back to the local commu- tain powerful members of the Appro- respective leaders have asked the vote nities so Governors, mayors, and city priations Committee. That is not right, be held at 4:30, so we are going to have council members can allocate the Mr. President. some extra time. We can accommodate needs in their community. Sooner or later, we are going to edu- the Senator for as much time as he or Is that porkbarrel? I happen to think cate the American people about this, the distinguished Senator from New that providing money for needed com- and it is going to come to a halt. I am Mexico would like to have. munity improvements is not afraid it may be later rather than soon- Mr. BOND. Mr. President, I thank my porkbarrel spending. This measure also er. It continues to lurch out of control, chairman. I will try to be reasonably sends, as I just said, $1.35 billion for the and no one believes we have enough brief, but there are some important clean water state revolving funds to money for defense spending. No one be- things I wish to include. clean up sewers, and $850 million for lieves that. That is why we are spend- To return to the analysis of the bill, safe drinking water. Is that ing extra money on defense, and yet the VA and veterans needs remain the porkbarrel? I do not think so. these projects continue to be added highest priority of the bill. The funding The greatest need for many of our both in conference as well as in the decisions in this bill are designed to communities, whether they be large or bills themselves, and it is not accept- ensure the best quality of medical care small communities, is to have the able. for our veterans and to keep the best money they need to develop projects It is not acceptable. If the average doctors in the VA system. Further- that will make them strong commu- American knew more about this, they more, Senator MIKULSKI and I are com- nities and to assure that the water sys- would reject it. mitted deeply to meeting the medical tems are healthy. We provide that I intend to do as I have done in the needs of veterans, and we are working money. past to make sure as many Americans with the VA and the administration to Now my colleague was addressing the understand where their tax dollars are ensure the successful implementation fact that out of that money, we send spent. of the new CARES process, which is de- back for community development I yield the remainder of my time. signed to assure that VA has the facili- block grants some 6.8 percent. Less The PRESIDING OFFICER. The Sen- ties it needs, that targets the services than 10 percent has been designated by ator from Missouri. and the medical care throughout the Members of the House or the Senate for Mr. BOND. Mr. President, I am proud country, and gets rid of unneeded fa- particular high need activities and in- to rise in strong support of a con- cilities that drain money away from vestments in communities in their ference report on H.R. 2620, the VA- needed care for veterans. State. HUD fiscal year 2002 appropriations In addition, the VA–HUD bill appro- Do Members of Congress somehow bill. The chair of the committee, Sen- priates some $30.2 billion for the De- know less about the needs of their com- ator MIKULSKI, has done an excellent partment of Housing and Urban Devel- munities for community development? job in crafting this measure. I am deep- opment, an increase of $1.7 billion. This Do Members of Congress somehow ly grateful for her leadership. includes funding to renew all expiring know less about the need for critical She was kind enough to talk about section 8 contracts and provides for improvements to water and sewer sup- the smooth transition. It was not 18,000 incremental vouchers. I do re- ply systems? I think not. something we desired, but it was some- main deeply concerned that vouchers This money goes to those commu- thing that worked extremely well be- do not work well in many housing mar- nities that have needs for tremendous cause we have had the good fortune of kets. We do, as the chairman of the efforts to improve community life, being able to work closely on this subcommittee mentioned, need to de- whether it be facilities that will bring measure for a number of years. In fact, velop new production programs that in more business or whether it be it was a seamless transition. assist extremely low-income families money to go to drinking water or I believe the legitimate wishes and in particular. This is a need that we cleaning up sewer water in the States. concerns of Members of this body, the must address, and we look forward to This is one of the areas where those needs of the veterans, those who de- working with the authorizing commit- legislators in Congress who are con- pend upon housing for Federal Govern- tees, the Millennium Housing Commis- cerned and who pay attention to the ment assistance, those who depend sion, and others, to ensure it is ad- needs of their State can find areas upon the Environmental Protection dressed. where there are pressing needs. I be- Agency to clean up our rivers and our The bill also reflects our continuing lieve, by and large, they do an excel- waters and our air, are well served by support for CDBG, the HOME Program, lent job, and we do a good job. this measure. homeless assistance, FHA mortgage in- One may quarrel with some of the de- I add my compliments to Congress- surance, and assistance for abatement cisions made by local officials on com- man WALSH, the chair of the House of lead hazards in housing. munity development block grants. One VA–HUD Committee, and Congressman As for the Environmental Protection may quarrel with some of the decisions MOLLOHAN, the ranking member. This Agency, the bill includes a $587 million made on clean water in State revolving bill has been a very tough one because increase to $7.9 billion, $74 million over funds for drinking water, but the fact

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11598 CONGRESSIONAL RECORD — SENATE November 8, 2001 remains there are tremendous needs in I will address for my colleagues the the members of the subcommittee and all of these areas. So I am very proud fact, at the request of Representatives my staff, Jon Kamarck, Cheh Kim, and of the fact we are able to assist States, and Senators from New York, that we Isaac Green, who worked long and communities, and localities in taking took special note of the economic hard. They have become very good care of their needs. needs of the people and businesses in friends and worked closely, particu- Mr. President, I do not see the Sen- New York that have been devastated larly in the new setting with limited ator from New Mexico. I believe we by the tragic terrorist attack of Sep- space, with our good friends, Paul have additional time remaining so I tember 11. The President allocated $700 Carliner, Gabrielle Batkin and Joel will continue and intend to address the million for New York for the VA/HUD Widder, for their quality work and subject he was going to address because community development block grant. commitment to the process. They have I know he feels very strongly about it. In this bill we included authority for done an excellent job, and we are very One of the major controversial areas HUD to meet these needs through ex- proud of the work they do. we have addressed in this bill concerns isting programs, including broad au- I, too, commend this bill to my col- the level of arsenic in drinking water. thority to waive a part of the statute— leagues and urge unanimous support. In this case, the bill supports the cur- except for labor standards, environ- I yield the floor. rent regulation of 10 parts per billion mental standards, fair housing, and Mr. SARBANES. Mr. President, I for arsenic levels in drinking water, antidiscrimination—to meet these come to the floor today to voice my and while this level is supported by a truly pressing needs. I understand a support for the fiscal year 2002 HUD– number of scientific studies, the re- community economic development cor- VA conference report. I congratulate quirement that the communities must poration has been established to allo- Chairwoman MIKULSKI and Senator meet these new requirements by 2006 is cate these funds. BOND for the outstanding job they have very troubling because there are com- I believe the Governor and the mayor done to provide HUD with the re- munities in the United States, espe- set up a Lower Manhattan Redevelop- sources it needs, while working within cially communities in the West, com- ment Corporation that will hand out a very tight allocation for all of the munities in New Mexico and Idaho and the funds. I raise this point because agencies within their jurisdiction. other States, where there are high lev- today the Environment and Public The conference report before us els of naturally occurring arsenic in Works Committee passed out of com- today is a great improvement over the the water. mittee a new measure setting up a dif- administration’s budget request. The Unfortunately, for communities ferent form of allocating these funds. I budget request for HUD, the agency which are small and do not have the fi- caution members of that committee, that provides housing assistance to nancial ability to meet these require- on which I happen to serve, that we not this Nation’s poorest families, was ments, the possibility is some very un- set up a competing structure. We need sorely inadequate. Their proposal wanted consequences of forcing to do the job well. We need to do it would not even have provided the fund- through a regulation on all commu- right. We need to do it one time and ing necessary to maintain HUD pro- nities. We provide some relief in these not have two different structures stum- grams at current levels. communities through a temporary bling all over each other. We have, we The appropriators recognized the waiver. Our colleagues on the author- think, dealt with the concerns, and we great need for housing assistance in izing committees objected to this ap- will be happy to work with friends and this country by providing more funding proach even though the leaders of the colleagues from New York to make than the administration requested in committee on both the House and Sen- sure we do it effectively. almost every program area. ate sides believed it was warranted. Finally, I mention in addition to The increases included in this bill are The conference report defers to those funding NASA at $14.78 billion, we have clearly needed. We have a severe hous- committees and suggests the author- expressed grave concerns about the se- ing crisis in this country, and the need izing committees pay attention to an rious cost overruns. The costs of the for housing assistance continues to evaluation to be done by EPA on the International Space Station have con- grow. In addition to the 5 million very affordability of these projects and how tinued to grow, over $4 billion above low-income households in this country a small system variance and exemption more recently; it is probably now $5 or who have worst case housing needs, programs should be implemented for $6 billion. There seems to be a total which means they are either paying arson. This is a serious issue. Congress loss of management control by NASA more than half of their income towards will have to address and balance this with regard to the space station. We rent or living in severely substandard need over the next few years, both the have received a report from the Young housing, another 2 million people will financial burdens and health concerns commission to study the International experience homelessness this year. faced by the small communities on the Space Station. I believe it is a top pri- These families face greater challenges new arsenic standards. ority for the administration to find a today, as the Nation’s low-income To be blunt, the last thing we need is new Administrator as soon as possible housing stock continues to shrink. In to push these communities, with high to review the extensive analysis and the past decade, the number of units arsenic levels in their drinking water, major recommendations of the Young available to extremely low-income to abandon local municipal water sys- commission and make whatever pro- renters has dropped by 14 percent, a tems which are reducing the levels of gram and management reforms are loss of almost a million units. arsenic and force residents to go back necessary to ensure the ISS and other These statistics make clear that pro- to untreated and unregulated wells NASA programs meet our expectations grams to aid low-income families must where they would be getting poten- and not rob the funding for NASA. not be cut, but must be expanded to tially higher levels of arsenic and po- I express my strong feeling, as the meet the growing need. Unfortunately, tentially being exposed to greater chair of our subcommittee has, for the the overall funding level requested by health risks, not only from arsenic but need to double the National Science the administration put Congress in the from other sources of water pollution Foundation budget. We have to meet untenable position of choosing between that would be treated in the municipal pressing human priorities. But for the maintaining the current affordable water systems. long run, the pressing human needs of housing stock or funding additional For FEMA, the conference report in- this country are going to be met to the needed housing units. The appropri- cludes $1.5 billion in emergency dis- extent that we fund the scientific ex- ators were forced to forego expanding aster assistance, funding for fire- ploration that goes on in the National housing opportunities so that scarce fighters, and flood mapping and miti- Science Foundation. We should not be Federal resources could be used to gation. I join with my colleague from shorting the basic scientific research. I maintain existing housing, a choice Maryland in expressing my gratitude hope we can have the support of our that is both cost-effective and nec- for the way FEMA moved in. They colleagues to get the money to increase essary. While we need to expand Fed- have our highest appreciation. They it next year to put us on the path of eral housing programs, we have an ob- stepped up to the plate and assisted the doubling. ligation to ensure that the affordable citizens of our Nation during this time In addition to thanking Senator MI- housing that exists is habitable and of need. KULSKI, I express my sincere thanks to safe.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11599 For this reason, I am pleased that ers provided last year. While I had and commend Chairwoman MIKULSKI the conference report increases funding hoped we would be able to provide as and the other members of the Appro- for public housing, a program that many vouchers as last year, I appre- priations Committee for negotiating a houses over 1.3 million of this Nation’s ciate the effort of the appropriators to bill that greatly improves on the inad- poorest families. This bill provides continue expanding the voucher pro- equate budget request, and affirms our $2.84 billion for the Public Housing gram even with such a tight budget al- commitment to housing this Nation’s Capital Fund, the fund used to repair location. poor. and modernize public housing—$550 One area of concern in this bill is the Mr. CONRAD. Mr. President, I rise to million above the administration’s re- cut in section 8 reserves from 2 months offer for the record the Budget Com- quest. There is a significant need for to 1 month. These reserves are used in Public Housing Capital Funds as HUD the event of higher program costs so mittee’s official scoring for the con- estimates that there is currently a $22 that the section 8 program can con- ference report to H.R. 2620, the Depart- billion backlog in needed capital re- tinue to serve the same number of fam- ments of Veterans Affairs and Housing pairs in public housing. A cut of the ilies. According to the Congressional and Urban Development, and Inde- magnitude proposed by the administra- Budget Office, this cut could result in a pendent Agencies Appropriations Act tion would have led to further deterio- decrease of almost 25,000 vouchers for Fiscal Year 2002. ration of this Nation’s public housing being used this year. This would be an Including an advance appropriation stock. Fortunately, the bill before us unfortunate, and devastating con- into 2002 of $4.2 billion, the conference today provides additional funding, sequence. Fortunately, the appropri- report provides $85.434 billion in discre- helping us to maintain a much needed ators included report language direct- tionary budget authority, of which $143 resource and to ensure that the Federal ing HUD to ensure that PHAs can fund million is for defense spending. The investment in public housing is pro- all of their vouchers, and I expect HUD conference report will result in new tected. to implement these changes so that the outlays in 2002 of $40,489 billion. When Recognizing the importance of public number of families receiving vouchers outlays from prior-year budget author- housing, the conference report funds is not decreased. ity are taken into account, discre- the Public Housing Operating Fund at Housing assistance for elderly people tionary outlays for the conference re- $3.5 billion, $110 million above the ad- and those with disabilities is also in- port total $88.463 billion in 2002. The ministration’s request. I am dis- creased in this bill. Housing for the el- conference report is within its section derly is funded at $783 million, an in- appointed that this bill does not sepa- 302(b) allocation for both budget au- crease of $4 million over the fiscal year rately fund the Public Housing Drug thority and outlays. Elimination Fund. The administration 2001 level, and housing for people with requested no funding for this critical disabilities is funded at $240 million, an Included within the $85.434 billion in program which helps to fight drugs and increase of $23 million. In addition, I budget authority for 2002 is $1.5 billion crime in our public housing commu- am pleased that the conference report in emergency-designated sending au- nities. The conference report provides provides $277 million for Housing for thority for the Federal Emergency $250 million more for the Operating Persons with AIDS, an increase of $20 Management Agency for disaster relief Fund than provided in fiscal year 2001 million over last year’s funding level. activities. The emergency funding, to ensure that PHAs will not have to This $20 million will ensure that addi- which is not estimated to result in any cut all of their anticrime activities. tional communities in need of housing outlays in 2002, is consistent with the While this increase will assist PHAs in assistance for people with HIV and revised 2002 budget reached between continuing after-school programs, AIDs will receive Federal funding. President Bush and Congressional lead- mentoring activities, and safety pa- These increases will go a long way in ers last month. Per section 314 of the trols, I am concerned that PHAs may providing needed housing to this na- Congressional Budget Act, I have ad- be forced to use the increased funding tion’s most vulnerable citizens. justed the Appropriations Committee’s to pay for rising utility costs, leading At this time of economic uncer- allocation for 2002 by the amount of to a reduction in activities normally tainly, it is imperative that we not the emergency funding. In addition, funded by the Drug Elimination Fund. turn our backs on low-income families the conference report provides an ad- In addition to ensuring that public in need of housing assistance. Though vance appropriation for section 8 re- housing is maintained, this bill fully it is unfortunate that the administra- newals of $4.2 billion for 2003. That ad- funds the Homeless Assistance Pro- tion’s budget request forced us to forgo vance is allowed under the budget reso- grams. I am pleased that the bill pro- expanding affordable housing opportu- lution adopted for 2002. Finally, the re- vides $100 million to fund Shelter Plus nities further, the bill fully funds the port would reduce federal revenues by Care renewals. Shelter Plus Care pro- HOME program, which is a primary ve- $32 million in 2002. By law, the revenue vides permanent housing to formerly hicle for building affordable rental loss, which results from changes made homeless people, and this $100 million housing. The need for new affordable to certain HUD and EPA fees, will be will maintain all of these housing rental housing is growing, and I hope placed on the PAYGO scorecard. units, while allowing communities to that we can work over the next year to Mr. President, I ask for unanimous continue to meet the demand for addi- secure additional funding for housing consent that a table displaying the tional homeless services. construction. The conference report continues to Hard choices had to be made in ham- budget committee scoring of this bill expand the section 8 voucher program. mering out a final version of this bill, be inserted in the RECORD at this point. I am concerned that we are only pro- and I understand that all of our prior- There being no objection, the mate- viding an additional 17,000 incremental ities could not be funded at the desired rial was ordered to be printed in the vouchers, as compared to 79,000 vouch- levels. As a whole, I support this bill, RECORD, as follows: H.R. 2620, CONFERENCE REPORT TO THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2002, SPENDING COMPARISONS—CONFERENCE REPORT [In millions of dollars]

General Defense 1 Mandatory Total purpose 1

Conference report: 2 Budget Authority ...... 85,291 143 26,898 112,332 Outlays ...... 88,326 137 26,662 115,125 Senate 302(b) allocation: 3 Budget Authority ...... 85,415 138 26,898 112,451 Outlays ...... 88,463 0 26,662 115,125 President’s request: Budget Authority ...... 83,221 138 26,898 110,257 Outlays ...... 87,827 136 26,662 114,625 House-passed: Budget Authority ...... 85,296 138 26,898 112,332 Outlays ...... 87,909 136 26,662 114,707

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11600 CONGRESSIONAL RECORD — SENATE November 8, 2001 H.R. 2620, CONFERENCE REPORT TO THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2002, SPENDING COMPARISONS—CONFERENCE REPORT—Continued [In millions of dollars]

General Defense 1 Mandatory Total purpose 1

Senate-passed: Budget Authority ...... 85,905 138 26,898 112,941 Outlays ...... 88,320 136 26,662 115,118 CONFERENCE REPORT COMPARED TO: Senate 302(b) allocation: 3 Budget Authority ...... ¥124 5 0 ¥119 Outlays ...... 0 0 0 0 President’s request: Budget Authority ...... 2,070 5 0 2,075 Outlays ...... 499 1 0 500 House-passed: Budget Authority ...... ¥5 5 0 0 Outlays ...... 417 1 0 418 Senate-passed: Budget Authority ...... ¥614 5 0 ¥609 Outlays ...... 6 1 0 7 1 The split between general purpose and defense spending is for illustrative (i.e., nonenforceable) purposes only. The 2002 budget resolution includes a ‘‘firewall’’ between defense and nondefense spending, contingent on an increase in the discretionary caps. That contingency has not been met. 2 The conference report includes $1.5 billion in general purpose emergency spending authority for FEMA disaster assistance. 3 For enforcement purposes, the budget committee compares the conference report to the Senate 302(b) allocation. In addition to the amounts shown, the conference report also would reduce federal revenues by $32 million in 2002. By law, the revenue loss, which will result from changes made to HUD manufactured housing and EPA registration fees, will be placed on the PAYGO scorecard. Notes.—Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions.

Mr. JEFFORDS. Mr. President, I rise issue, and I look forward to receiving In addition, the Administrator is today in support of the VA–HUD con- EPA’s report. Indeed, with the signifi- asked to report to Congress on legisla- ference report, H.R. 2620. I appreciate cant public health concern associated tive proposals that address further ex- the conferee’s recognition of the im- with arsenic in drinking water, we care tensions of time for compliance by portance of the Environmental Protec- greatly that all communities are able small systems. The focus of EPA’s lim- tion Agency’s enforcement budget, as to comply. Although current law con- ited resources should be on helping well as full funding for state revolving tains affordability criteria as well as these systems to accelerate compli- loan funds. These are priorities for the waiver and variance provisions, I would ance—by providing technical and finan- Committee on Environment and Public hope that we can provide financial as- cial assistance—not on how to further Works. sistance to these communities, if they delay compliance. Another priority for the Committee need it, so that they can comply with As a member of the Environment and is ensuring the American public that the new standard in accordance with Public Works Committee, that will be when they turn on their faucets in the compliance deadline and without my focus. I will be working to provide their homes and businesses, day care having to avail themselves of these funding for small communities to meet centers and hospitals, they will fill mechanisms. With such a pressing the 10 parts per billion standard, and I their cups with clean, safe water. The health issue at stake, what the public will not support legislative proposals new standard for arsenic in drinking needs is timely compliance, not delay. that provide additional extensions and water is a welcome measure to improve I also thank the conferees for their delay even more the time when all the quality of drinking water nation- attention to a hazardous waste issue Americans have safer drinking water. wide. Earlier this year, I was concerned known as the ‘‘mixture and derived Mr. KERRY. Mr. President, while I when this Administration announced from rule.’’ While EPA will continue to will support the fiscal year 2002 VA– its intention to review the new, lower pursue exemptions for certain low-risk HUD and Independent Agencies con- arsenic standard issued by the last Ad- wastes, the conferees’ commitment to ference report, I must express my ministration. Last week, I was relieved supporting exemptions only where strong disappointment in the funding when EPA Administrator Whitman an- sound science applies will ensure pro- level included in the bill for nounced her intention to abide by the tection of human health and the envi- YouthBuild. I strongly believe that 10 parts per billion standard as well as ronment. YouthBuild proves that the Federal the 2006 compliance date. I urge my colleagues to support the Government, working in cooperation As Administrator Whitman stated in conference report. with community-based non-profits, can her letter to me on October 31st, the Mrs. BOXER. Mr. President, I am make a real difference in the lives of science clearly supports an arsenic pleased that the conference report on young people, the young people that standard no higher than 10 parts per the VA–HUD Appropriations bill in- most Americans have given up on. Dur- billion. Over the past several months, cludes a provision requiring the Bush ing Senate consideration of the VA- three new independent scientific stud- administration to end its delay of the HUD appropriations bill, I successfully ies have been conducted by the Na- Clinton rule establishing a tougher included an amendment to provide a tional Academy of Sciences, the Na- standard on arsenic in drinking water. $10 million increase in funding for tional Drinking Water Advisory Coun- The statutory language is similar to YouthBuild. A similar amendment was cil and EPA’s Science Advisory Board. the amendment I offered to this bill, included in the House, so the amount These studies tell us that arsenic in which passed the Senate 97–1. This lan- allocated to YouthBuild was approxi- drinking water is a public health con- guage will result in a 10 parts per bil- mately $70 million in each bill. cern, and that the levels allowed by lion standard for arsenic and will en- While I understand the difficult allo- current law are much too high. In fact, sure the community’s right to know cation which the Subcommittee oper- these studies support a standard lower when unhealthy levels of arsenic are ates, I am nevertheless very dis- than 10 parts per billion. EPA tells me present in the drinking water appointed that in the Conference Re- they have received more than 55,000 I am concerned, however, about lan- port included only $65 million for comments from the public on this sub- guage in the conference report. It says YouthBuild. With strong support for ject. Clearly, this new, lower standard that the Administrator should focus on YouthBuild in both the House and the confers an important protection, sup- developing procedures that would re- Senate, I believe this program deserved ported by many of our citizens. sult in extensions of time for small sys- $70 million in fiscal year 2002. These ad- I am aware of the concerns that some tems to comply with the arsenic stand- ditional funds would have assisted of my colleagues have expressed about ard. Clearly, those extensions would YouthBuild in expanding its programs the ability of small communities to have to be consistent with the Safe across the nation and assisted more at- comply with the new arsenic standard. Drinking Water Act requirements. But risk youths. I have read the conference report lan- they would only result in further YouthBuild is designed to serve those guage directing EPA to study this delay. that, too often, have proven to be the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11601 hardest to serve. In return, they serve tracts, motivates, educates, and trains about the overruns hurting other pro- us, by getting job training, learning a precisely the young people who have grams within NASA. skill, completing their educations, and fared least well in virtually all other When you are doing something new, working in communities across the existing systems. when you are pushing the envelope of country rebuilding housing, providing The demand and need for YouthBuild technology, you cannot always be pre- desperately needed affordable housing programs far exceeds the resources al- cise. This is not to say some of the to other needy families. located to it. Successful YouthBuild overruns have been invalid, incompre- Many low-income young adults are programs have 6 to 10 times more ap- hensible in some ways, and I don’t un- having great difficulty achieving suc- plicants each year than they can ac- derstand some of them myself. I do not cess in our society. YouthBuild at- cept. In this period, with the economy think you can set an exact budget tracts low-income young adults who in need of qualified workers and the when you are experimenting. We all have dropped out of school. Many par- number of at-risk adults is increasing, know you have to have some freedom ticipants have been adjudicated, are it is excellent public policy to invest in in science in order to be able to make from welfare families, have children al- a proven national model that can bring a mistake, learn from the mistake, and ready and live in public housing these young adults into employment, do something else. projects. The premise of YouthBuild is post-secondary education, and con- I appreciate the $150 million cut in that these young adults need and de- structive civic engagement. the original Senate bill was halved to serve a second chance, that they are The best way for me to explain to $75 million in the conference. I hope eager to live productive, constructive you the importance of YouthBuild is to NASA can work within that $75 million lives, and we cannot afford not to pro- tell you about one the YouthBuild pro- and the rest of the budget for the space vide them with that second chance. grams. YouthBuild Springfield, MA, station to continue to move ahead. I Skills, education, inspiration and sup- has received more than 250 applications am told by the people at NASA it will port provided by YouthBuild help them for its services since it opened in 1999, delay the space station, but it will cer- make the transition to the jobs or and has been able to serve 80 young tainly not kill it. higher education. people in a comprehensive, year round But I think the overriding issue is YouthBuild is the only national pro- programs which includes education and the one that was mentioned by the gram that provides young adults an employment training, as well as com- Senator from Missouri, and that is we immediately productive role in the munity and leadership development. need to have a new administrator ap- community while at the same time Over half of the participants are young pointed for NASA right away. Dan providing all of the following benefits women, many with dependent children. Goldin has done a terrific job, but he is to participants: basic education toward All of the participants commit to being leaving at the middle of this month. So a diploma; skills training toward a de- drug free, participate in weekly drug we need to have that leadership. cent paying job; leadership develop- education workshops, and agree to ran- I urge that the new leader of NASA ment toward civic engagement; adult dom drug testing. They provide four look at what NASA can do. Let’s de- mentoring to help overcome personal therapy groups each week and access cide, what is the science that we want problems; and participation in a sup- private therapy as needed. They have to create? What is the goal of NASA? portive mini-community with a posi- maintained a 77 percent retention rate, NASA has given us so much in the tive set of values. 86 percent attendance rate, and 82 per- past, in new technologies that create Of those that enter YouthBuild, 67 cent placement rate at an average new industries and new jobs. It has percent complete the program. 85 per- wage of $8.10 per hour. Another 10 per- been part of the revitalization of our cent of YouthBuild graduates are cent have gone on to further training economy. We want to continue to push placed in college, or get a job with an or college. ahead. We want to continue to be the average wage of $7.53 per hour. Many With the strong bipartisan support leader of the world in technology. To become leaders in their communities, for YouthBuild, I am hopeful that we do that, we are going to have to have a both while they are in the program and will be able to increase the appropria- clear vision for NASA and new leader- thereafter. tion for this important program in fis- ship. YouthBuild receives bipartisan sup- cal year 2003. I thank the Senator from Maryland port for one simple reason—it works. The PRESIDING OFFICER. The Sen- and the Senator from Missouri for The program fills a major gap in public ator from Maryland. working with me to make sure we do policy by addressing the needs of at- Ms. MIKULSKI. I ask unanimous have the expenses that must be paid for risk, out of school young adults in a consent the vote on adoption of this NASA to stay in place. I think their more comprehensive way than any conference report to accompany H.R. concerns are valid, but let’s not throw other existing national program. That 2620, the VA/HUD appropriations bill, out the baby with the bath water. We is why I circulated a letter with Sen- occur at 4:30 p.m. today and that if all cannot starve NASA if we are going to ator MIKE DEWINE, which was cosigned time for debate has expired, the time stay in the forefront of technology. by 63 Senators, in support of increasing until 4:30 p.m. be equally divided and I look forward to working with the funding for YouthBuild to $90 million. controlled by the two managers. Senators from Maryland and Missouri YouthBuild program has grown from The PRESIDING OFFICER. Without during the next year, hopefully with a 15 sites which served 600 at-risk youth objection, it is so ordered. new Administrator from NASA, so we in 1993, to 145 sites serving approxi- Ms. MIKULSKI. Mr. President, I am can have a clear vision and we can con- mately 5,800 youth in 40 States today. happy to yield to the Senator from tinue America’s lead in technology The engine of this growth has been the Texas such time as she may consume. that will have a major impact, not only HUD appropriation. The fuel has been The PRESIDING OFFICER. The Sen- on our future defense and our future the highly motivated local leaders ator from Texas is recognized. programs, but also for our economy for whose commitment keeps the program Mrs. HUTCHISON. Mr. President, I the future. on the cutting edge of community rise to talk about the VA/HUD bill The PRESIDING OFFICER. The Sen- needs. They have raised State, local, which has a number of good parts to it. ator from Maryland. and private funds to supplement Fed- I know the managers have worked very Ms. MIKULSKI. Mr. President, I eral funds and extend the reach of this hard to divide up the dollars. It is al- know the Senator from New Mexico important program. Major support ways hard when there are not as many wishes to speak. We have guaranteed from the Ford Foundation, the Charles dollars as projects. him this time. I say to the Senator Stewart Mott Foundation, The DeWitt I specifically want to talk about the from Texas, she has been a long- Wallace-Reader’s Digest Fund, local issue of NASA. I know of the great con- standing advocate of the space pro- Rotary Clubs, The Home Depot, US cerns, because it is very obvious from gram. I have traveled with her to Texas Bancorp, and Metropolitan Life Insur- the bill, and, frankly, they are valid to see the first-class, world-class re- ance Company demonstrates that the concerns, about the management of the search that is going on there. network is highly regarded by leaders space station and the cost overruns. I I, too, look forward to working with in the private sector. YouthBuild at- also understand there are concerns the new Administrator of NASA. We

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11602 CONGRESSIONAL RECORD — SENATE November 8, 2001 should also recognize the current one States such as mine than they are in issue in a substantive fashion, perhaps because I think he has tried his best. other States that have not, for all this by establishing direct funding to help But we have to have a NASA for the period of time, had drinking water these communities. We were not able 21st century. I look forward to working which had naturally flowing arsenic as to do so, but I am assured by the many with her to be able to do that. a component of the compound. Senators who agreed with me that this Mrs. HUTCHISON. I thank the Sen- Since I believe that, it doesn’t mean issue is critical. We must establish a ator from Maryland. I am advising that we not follow the new program to help through grants The PRESIDING OFFICER. The Sen- law. But what I am suggesting is that and loans the communities that face ator from Missouri is recognized. soon small, medium-sized, and large virtual ruin if they try to fund this new Mr. BOND. I thank my colleagues for communities in all of these States, in- equipment themselves. More than 140 their important discussion. I am now cluding Nevada, including West Vir- communities in my home state alone pleased to yield 5 minutes to the Sen- ginia, including New Mexico, including face this new burden, at an estimated ator from New Mexico. Arizona and many others, are going to cost of more than $440 million. The PRESIDING OFFICER. The Sen- start getting the estimates as to how I hope that my colleagues will join ator from New Mexico. they make these small water systems, with me, and with others, like Senator Mr. DOMENICI. Mr. President, I these medium-sized ones, and these REID of Nevada, as we try to forge a thank Senator MIKULSKI and Senator large ones—how do you get them down program as soon as possible, perhaps BOND for their sensitivity to the issue to 10 parts per billion of arsenic. They even later this session of Congress. of the new arsenic standards in water are going to get these big estimates. The PRESIDING OFFICER. Who and its impact on thousands of commu- They are going to get estimates of re- yields time? nities throughout America. building whole waterworks for this Ms. MIKULSKI. Mr. President, how Let me say, I have given up on at- purpose. Then the citizens are going to much time is left? tempting to challenge the 10-parts-per- be asking, after seeing the headlines: The PRESIDING OFFICER. The Sen- billion standard the administration has What is this all about? ator has 1 minute. now found to be the standard that is What I think we should have done in Ms. MIKULSKI. Let me conclude by necessary in drinking water in America this conference is we should have let thanking the Senator from Missouri for the water to be healthy and safe. the Department—the Environmental for all his help and cooperation, and his Saying that I cannot fight it any Protection Agency—which adopted the staff—all of whom were working on it. longer does not mean I agree with it, new standard, deal with it in a normal I take this opportunity to thank the nor that I think the Congress can ig- manner. Actually, they would have 6 people who worked directly with the nore the consequences of this new years before the implementation date. bill, worked directly in the Senate. standard on many communities across But they could at least work with cit- There are a lot of people who work in this land. ies. They could perhaps work on waiv- this institution. More than 140 communities in my ers attributable to good research which We are coming up on the second home State of New Mexico face this said if they are given 2 more years, month anniversary of the aerial attack new burden at an estimated cost of they are going to come out with new on the United States of America. I more than $440 million, from the small- science and it is going to be much less thank all the people here at the Capitol est of water supply systems to the very costly to Las Vegas, NV, and Reno, NV. who continue to show up every day and I see my friend, the junior Senator largest in the city of Albuquerque. every way to support us so we can keep Why would one be concerned enough from Nevada is here. But we went one step further in this democracy’s doors open. about this to bring it to the floor of the bill and we prohibited the Environ- First, I thank our young pages. They Senate? It is a highly controversial mental Protection Agency from doing are high school students. They could issue as to whether the exact same anything other than enforcing this have gone back home and been prom standards on arsenic should apply in standard, literally, specifically, no ex- queens and football heroes, but instead every community across the breadth emptions, no waivers. they chose to serve their country by and width of America because if you I say to the two Senators who are being right here in this Chamber. We come from a State such as New Mexico, managing this bill, the Chair and Sen- thank them for their support for us and Nevada, West Virginia, Utah, Idaho, ator BOND have been most under- the confidence their families showed in and many more, whatever human standing. They have both pledged if we us. beings have lived in those parts of can find a way to help with this, by ei- All of the people who run the food America, from the earliest arrival of ther partial financing or in some rea- service, who run the elevators, and who men to the modern American living in sonable way, they are going to do that. are trying to clean up the Hart Build- these communities, there has been ar- I want to tell the Senate there is ing need to be acknowledged. By sup- senic in the water that did not come some exciting research going on. That porting us, they really support democ- from anything that human beings did is getting funded, too. So we might racy. As we pass this bill that honors by their actions or nonactions. Arsenic make a breakthrough where we don’t America’s veterans and protects our was in the water for all the time that have to clean the arsenic out of the homeland security, I thank all the peo- humans have lived and found this water in the manner expected of us ple from the pages to the elevator oper- water and drank of it. The arsenic was today. There will be a newer way, ators, to the carpenters, and so on, who there because of the rock formations, cheaper, more reasonable, and perhaps just show up every day and help us that geology, over which the rain- we can get something done. keep democracy’s door open and func- water, after it rippled down, ran and To reiterate, I thank Senator MIKUL- tioning. percolated into lakes and reservoirs SKI and Senator BOND for their sensi- I bring you the VA–HUD bill and say and areas underground which were tivity to the issue of the new arsenic God bless the U.S. Senate and God then used for drinking water. standard and its impact on thousands bless America. Let’s vote and pass this Many hundreds of thousands of peo- of communities throughout the nation. bill. ple drank of that water with no ill ef- I am not arguing against the new Mr. BOND. Mr. President, I ask for fects. I know it is almost the wrong standard of 10 parts per billion, since the yeas and nays. thing to say scientifically, but it seems the administration has announced that The PRESIDING OFFICER. Is there a as if it is factual that the citizens in it will support this level of arsenic in sufficient second? those areas to which I have alluded, in- our water. But, we all know that There is a sufficient second. cluding my State of New Mexico, are achieving this new level will cost lit- The question is on agreeing to the healthier, whatever is allegedly the erally billions of dollars for commu- conference report. damage that arsenic in the water pro- nities, most of which will never be able The clerk will call the roll. duces. to afford the equipment to meet this The senior assistant bill clerk called In other words, the diseases that are standard by the year 2006. the roll. attributable to having more arsenic in I wish that we in the conference on Mr. REID. I announce that the Sen- the water are present less frequently in VA–HUD could have addressed this ator from California (Mrs. BOXER), the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11603 Senator from Georgia (Mr. CLELAND), TRIBUTE TO MIKE MANSFIELD to this day how I got the job. I had never met him before that day. He was anxious about the Senator from Vermont (Mr. Mr. KENNEDY. Madam President, all LEAHY), and the Senator from Georgia the Civil Rights legislation coming over of us who knew and loved our former from the House—the Senate Judiciary Com- (Mr. MILLER) are necessarily absent. great Senate Majority Leader Mike mittee for decades being a graveyard for I further announce that, if present Mansfield were saddened by his death civil rights bills. As he talked, I wondered and voting, the Senator from Vermont last month. He was truly one of the all- how I could ever connect my specialty in Ad- (Mr. LEAHY) would vote ‘‘aye.’’ time giants of the Senate, and he went miralty law with the challenge he was de- Mr. NICKLES. I announce that the on to serve with high distinction for scribing. Thankfully, I didn’t try. I just told Senator from Wyoming (Mr. ENZI) and many years as our Nation’s Ambas- him that I didn’t know exactly how I could be helpful but, if he wanted me, I would do the Senator from Ohio (Mr. VOINOVICH) sador to Japan. His wisdom, his intel- are necessarily absent. my best. After we spoke for about 25 min- ligence, his insights, his friendship, his utes—which I would soon learn for him was The PRESIDING OFFICER. Are there fundamental fairness, and his extraor- a filibuster—he asked me to start the fol- any other Senators in the Chamber de- dinary humility combined to make him lowing Monday. Mike Mansfield was a ‘‘yep, siring to vote? a leader of uncommon vision and abil- nope, don’t know, can’t say’’ type of guy. My The yeas and nays resulted—yeas 87, ity during his long and brilliant and winning argument must have been admitting nays 7, as follows: historic service to the Senate, to the I didn’t know. Over the years, I learned how clearly he detected and how strongly he re- [Rollcall Vote No. 334 Leg.] people of Montana, and to the entire acted to any and all variations of the snow YEAS—87 country. job. For whatever reason, his decision Akaka Domenici McConnell On October 10, at a beautiful service changed my life as he changed the lives of all Allard Dorgan Mikulski for Senator Mansfield at Fort Myer who shared time with him. I look back and Allen Durbin Murkowski Memorial Chapel, his former Senate as- wonder if he hadn’t taken that leap of faith, Baucus Edwards Murray I would today be a GS18 step 32 at the Jus- Bennett Feinstein Nelson (FL) sistant, Charles Ferris, delivered an el- oquent eulogy that touched us all and tice Department. Biden Fitzgerald Nelson (NE) But, by my good fortune and his hasty Bingaman Frist Nickles reminded us again of the many reasons judgment, I was graced with the opportunity Bond Graham Reed why we loved and admired Mike Mans- Breaux Grassley Reid to observe him—and learn from him, as I Brownback Gregg Roberts field so deeply. I know that the eulogy never could from any book, the meaning of Bunning Hagel Rockefeller will be of interest to all of us, and I ask decency, integrity, humility, of perspective, Burns Harkin Santorum unanimous consent that the eulogy be patience, and honor. Mike Mansfield exhib- Byrd Hatch Sarbanes printed in the RECORD. ited all these rare qualities in full measure— Campbell Hollings Schumer and with it all, he was also the wisest man I Cantwell Hutchinson Sessions There being no objection, the eulogy Carnahan Hutchison Shelby was ordered to be printed in the have ever met. His mother died when he was 7 and he had Carper Inhofe Smith (NH) RECORD, as follows: Chafee Inouye Smith (OR) a rocky childhood until he finally joined the Clinton Jeffords Snowe EULOGY DELIVERED AT THE FUNERAL OF MIKE Navy at age 14, committing probably the Cochran Johnson Specter MANSFIELD only deceptive act in his life—presenting a Collins Kennedy Stabenow (By Charles D. Ferris, October 10, 2001) document that declared he was 18. After the Conrad Kerry Stevens Thank you one and all for being here. A Navy, it was the Army and, after the Army, Corzine Kohl Thomas it was the Marines (he obviously got all his Craig Landrieu Thompson quiet giant is gone. And in the spirit in Crapo Levin Thurmond which he lived, Mike Mansfield would be em- indecision out early in life). The Marines Daschle Lieberman Torricelli barrassed by inconveniencing so many but sent him to the Philippines and China. Thus Dayton Lincoln Warner privately very grateful to each of you. And a began his lifetime interest and study of East DeWine Lott Wellstone special thanks to Father Monan, the Chan- Asia. But he had no formal education so he Dodd Lugar Wyden cellor of Boston College. Mike received an returned to work in the copper mines in NAYS—7 honorary degree decades ago from Boston Butte. Then, at the urging of his new found College and was the first recipient of their love Maureen, he enrolled at the Montana Bayh Gramm McCain School of Mines as a special student, concur- Ensign Helms Thomas P. O’Neill Distinguished Citizen Feingold Kyl Award in 1996. He had a soft spot for Bos- rently taking courses to earn his high school ton—he referred to Boston as the Butte of diploma; transferring a year later to the Uni- NOT VOTING—6 the East—an expression of great affection— versity of Montana, where he won his BA and Boxer Enzi Miller for Butte had a hold on his heart. It was high school diploma simultaneously in 1933. Cleland Leahy Voinovich where he met Maureen. A Masters Degree followed, then a teaching The conference report was agreed to. And during 67 years of marriage, Maureen position at the University, which was his calling until elected to Congress in the Fall Mr. BOND. Mr. President, I move to was to him what Abigail was to John Adams—a loving partner in a marriage of of ’42, then the Senate in the Fall of ’52, Ma- reconsider the vote. equals based on respect for each other’s judg- jority Whip in 1957 and Majority Leader in Mr. REID. I move lay on that motion ment and intelligence, with equal participa- 1961. on the table. tion in all decisions, professional as well as Mike Mansfield was a distinctly different The motion to lay on the table was personal. Leader than his predecessor. He never twist- agreed to. How does one talk about the life of such a ed an arm but he touched the conscience of Mr. REID. Mr. President, I suggest great man who was so reluctant to talk his colleagues. He won them over by his the absence of a quorum. about himself? Any of the hundreds of expe- openness, his character and his reason. He riences he shared with me and with so many transformed a Senate of power brokers into The PRESIDING OFFICER. The of you would be a story worth telling. But a Senate of equals. His was a leadership root- clerk will call the roll. most of the stories must be for another time, ed in clarity of motive, honesty of purpose The assistant legislative clerk pro- for the Irish wake we will conduct for him in and respect of his fellow Senators. ceeded to call the roll. our memories and hearts will never end. And he led it to shape an America of great- Mr. REID. Mr. President, I ask unan- He left the world as he lived in it, with the er equality. He was a shaping force of the imous consent that the order for the least possible fuss and absolutely no non- New Frontier and the Great Society. He was quorum call be rescinded. sense. His hospitalization was blessedly at the helm of the Senate at the height of fundamental achievement—the Nuclear Test The PRESIDING OFFICER. Without short, his mental capacity and condition unimpaired until the last three days when he Ban Treaty, the Civil Rights Act of 1964, the objection, it is so ordered. gracefully slipped deeper into the last sleep. Voting Rights Act of 1965, the passage of f He gave his daughter Anne and grand- Medicare, federal aid to education, the 18- year-old vote—all deeply controversial at MORNING BUSINESS daughter Caroline and others of us who loved him time to prepare ourselves and say good- the time, many requiring the then-dreaded Mr. REID. Mr. President, I ask unan- bye. Till the end, he conducted himself with two-thirds cloture vote. All this and more imous consent that the Senate now character and class, a sense of dignity and a was written in American life and law—and, proceed to a period of morning business lifelong sensitivity to others. in each instance, he made sure a different with Senators permitted to speak My sadness today is overwhelmed by the Senator received the lion’s share of the acco- surge of gratitude for the things we shared lades. Mike Mansfield always gave the credit therein for a period of up to 10 minutes that will be a part of me and my family for- to others; his satisfaction came from within; each. ever. Thirty-eight years ago, he plucked me his approbation from Maureen. Yet, each The PRESIDING OFFICER. Without from the Justice Department where I was a time, Mike Mansfield’s leadership was the objection, it is so ordered. happy and content trial lawyer. I don’t know hinge of history: he was the man without

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11604 CONGRESSIONAL RECORD — SENATE November 8, 2001 whom the achievements might well have vision. The political issue ceased to exist. same ideals, values, and liberties mil- been different—in all likelihood, at least Again, few words—great action—achieved lions of Americans have fought so greatly lessened. He was the strong gentle goal. I don’t doubt that his 12 years in Tokyo bravely to defend. As ranking member wind that set the climate of the Senate. He were characterized with other telling exam- of the Committee on Veterans’ Affairs, was the essential chemistry of that Body. I ples. say that as one who observed the entire proc- In the last decade of his life, after he re- I wish to express my deepest gratitude ess closely from the wings. turned from Tokyo, I was blessed with the and appreciation to the veterans of During the months of daily backroom ne- good fortune of becoming Mike Mansfield’s wars past—and to those who are en- gotiations on the Voting Rights Act in 1965, good friend. We shared wonderful moments gaged today in fighting this new war a disgruntled Chief of Staff for a Midwestern together and our almost daily visits were a against terrorism. Democrat complained about holding the ritual we both became addicted to. When the I am proud of what has been accom- daily meetings in Everett Dirksen’s office, end came on Friday morning, I was filled plished in Congress in recent years to with the press conference right outside every with sadness for an irreplaceable loss, but honor America’s veterans. We have ex- day at 4 p.m. Everett Dirksen was given cen- full of gratitude for the friendship and love ter stage by the Boss, who was content to and the lessons on how to live. panded educational benefits, improved simply stand there and second Dirksen’s lo- At the hospital three days before he died, life insurance coverage, and opened quacious progress report. The Chief of Staff he was resting comfortably, his eyes closed. new national cemeteries. And we have pleaded to have at least half the meetings in He had been informed the day before that he worked hard to increase funding for VA the Majority Leader’s office and hold the was on his final lap. I went to his bedside, medical care. We intend to build on press conferences there so the office name- and took his hand and quietly asked how he these accomplishments with further plate of the Majority Leader would stamp was doing. He opened his eyes, strained to the photos and TV coverage of the day. I improvements in VA services and bene- focus, and said, ‘‘Oh, Charlie, how are you? A fits. I thank my colleagues for their thought this a perfectly reasonable request moment later, ‘‘What day is it?’’ Monday, I and brought it to the Boss, whose response said. A short pause, and then, ‘‘How did our past support, and I urge them to con- was ‘‘Charlie, last year the Republican Party little giant do yesterday?’’ Knowing, of tinue in their steadfast support for vet- drifted far from the mainstream during the course, he was talking about Doug Flutie, I erans. Very few things we do here are Presidential election. If the public can see said he won. They’re now 3–0. He smiled and more important. the Republican Leader each day reporting on said, ‘‘If they go 4–0, he should own the Whereas Memorial Day is dedicated the progress of what will hopefully be the team.’’ to remembering those who made the most significant civil rights legislation ever, It was as if this were a normal day, an- ultimate sacrifice for their country, it will be very beneficial for the country to other visit, nothing unusual. In looking grasp that this bill was being drafted by both Veterans Day is dedicated to acknowl- back, this final chat I believe was much parties, even in an overwhelmingly Demo- edging the commitment and devotion more. He was not a man of idle gestures or cratic Congress.’’ And so it was; and for me, wasted words. He knew the wheels were to duty millions of former soldiers, another lesson in perspective, in wisdom. about to touch down. But like remaining in sailors, airmen, and marines made to Mike Mansfield’s fairness was never ques- this great Nation. Veterans are the tioned on either side of the aisle. I recall a the background at joint press conferences, or freshman Senator with an important amend- bowing below the waist to the Foreign Min- best of America—people who, through ment—important to him politically and to ister or with a stern look repairing a par- sacrifice, dedication, and love of coun- his state almost exclusively—that he had al- liamentary abuse, I believe he was conveying try, protected our freedoms, liberties, ready announced he would offer to a pending a message. That he was mentally com- and way of life. This Sunday I ask bill. But with some swift parliamentary fortable and spiritually content; that he had every American to join me in honoring no fear about what lay beyond the horizon. gymnastics, the managers raced the bill to them. I also ask that we take a mo- final passage. The freshman Senator had In effect, he remained a mentor to the very end—still more interested in giving comfort ment to acknowledge and thank the been left high and dry and certain to be em- warriors of today who are the veterans barrassed back home. Mike was not on the than seeking it—teaching again by example Senate Floor for the parliamentary sleight the final lesson of dying with serene dignity. of tomorow. of hand but, once summoned, he exhibited Now what we have left are indelible memo- f ries and his shining example. But how much with few words and mostly by a stern look ENHANCING SECURITY OF U.S. his sense of outrage at the unfairness of what more that is than most people, not just poli- had happened. He rescinded by unanimous ticians, ever give. He left a deep imprint on BORDERS consent the passage of the bill and the fresh- the history he once taught and every person Mr. DEWINE. Madam President, as a man Senator had his day. I don’t remember he ever met. member of the Judiciary Committee Mike has gone to Maureen. Together again the outcome, but it didn’t matter; the oppor- Subcommittee on Immigration; the Se- tunity was the victory. That freshman Sen- with the love of his life. But he will always be with all of us who knew him—who were lect Committee on Intelligence; and ator, incidentally, was a Republican—he is the Judiciary Committee Sub- still a Member of the Senate and he is here directed by his example, honored by his today. friendship—blessed by his life and appre- committee on Technology, Terrorism, He was our Ambassador to Japan during ciative of his love. and Government Information, I am both the Carter and the Reagan Administra- In the world where politics is so often so committed to improving the integrity tions, a post where he became in another self-regarding and so many so self-absorbed, of our immigration system. My posi- great country what he was in our own—the Boss, you set a different, higher standard. tions on these committees also have most respected of leaders. Again he remained You tapped er light but left the deepest im- print. given me an understanding of the himself and redefined diplomacy. Early in unique interrelationship between im- his years as Ambassador, the American nu- There will never be another like you. clear submarine George Washington violated You will always be a part of my life. migration, national security, and law the law of the seas. It surfaced and sank a f enforcement. I am especially interested in border Japanese vessel in Japanese waters, trag- VETERANS DAY ically causing loss of life, a most embar- security issues. The tragic September rassing and politically explosive incident. In Mr. SPECTER. Madam President, 11 bombings have made it clear that we a world where debate over words like regret, Sunday is Veterans Day, a day dedi- must improve our law enforcement and sorrow, excuse or apology can take weeks cated to honoring the brave men and intelligence systems to enhance public and months to be decided, at his own instiga- women who have served in the armed safety and national security, particu- tion and insistence, Ambassador Mansfield forces of this great Nation. Over 26 mil- larly at our borders. I am pleased that delivered a note of apology to the Japanese Foreign Minister. He asked, however, most lion men and women living today have two bills have been introduced to re- uncharacteristically, that the TV cameras be answered their Nation’s call to defend vise our immigration and visa system permitted to remain in the room while he the ideals, values, and liberties we to enhance our border security. The submitted the written apology. Again in Americans hold dear. chair and ranking member of the Im- character, actions over words, he bowed This Sunday will mark the 63rd anni- migration Subcommittee, Senators deeply below the waistline in presenting the versary of the creation of the first offi- KENNEDY and BROWNBACK, introduced official government position. As he knew, cial holiday honoring veterans who, S. 1618, the ‘‘Enhanced Border Security this symbol in the Japanese culture has like my father, Harry Specter, served Act.’’ The chair and ranking member of great significance. The sincerity and depth of the apology was visually conveyed. That in World War I. Unfortunately, it will the Technology and Terrorism Sub- five seconds was played and replayed on Ja- also mark the 3-month anniversary of committee, Senators FEINSTEIN and pan’s TV stations many times over—obvi- the horrific attacks of September 11, KYL, introduced S. 1627, the ‘‘Visa ously seen by everyone in Japan with a tele- attacks which were directed at the Entry Reform Act.’’

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11605 The Kennedy-Brownback bill empha- sures that the money is spent on a spe- and entertainment expenses and to work sizes an immigration approach, while cific activity, in this case an activity with our industry on a comprehensive pro- the Feinstein-Kyl bill reflects a keen that will generate positive economic motional campaign to encourage travel to understanding of the needs of law en- ripples throughout the entire American and within the United States. We also ask your Administration to work with us in pro- forcement. While there are a few over- economy. It will also help create con- viding assistance to the valuable employees lapping, even conflicting, provisions in fidence and encourage Americans to in our industry who have lost their jobs, face these bills, I think that the sponsors get back on airplanes. reduced hours, or face the imminent loss of have some excellent ideas and are Since business-travel expenses are al- their jobs if travel does not rebound quickly. clearly headed in the right direction. ready deductible, temporarily restor- Thank you again for leading our country Both bills seek to improve data sharing ing full deductibility for all business- at this difficult time and for your Adminis- between agencies that are responsible entertainment expenses, including tration working with us to achieve our twin for protecting our borders. meals, that are now subject to a 50 per- objectives to ensure safe traveling and re- cent limitation, also would help restore storing confidence in travel to and within At the same time, I think it is very America. important that we do not ‘‘reinvent the the mainstay of the travel industry: Sincerely, wheel.’’ In the recently passed counter- the business traveler. WILLIAM S. NORMAN, terrorism law, ‘‘Uniting and Strength- In a recent letter to the President, President and CEO. the members of the Travel Industry ening America by Providing Appro- TRAVEL INDUSTRY RECOVERY, COALITION Recovery Coalition endorsed the travel priate Tools Required to Intercept and Coalition Member and Key Contact: Obstruct Terrorism Act of 2001’’, USA credit as well as elimination of the cur- Air Transport Association, Carol Hallett, PATRIOT ACT, Congress passed a pro- rent 50 percent penalty on business President and Chief Executive Officer; Amer- vision of mine to demonstrate how we meals and entertainment. I ask unani- ican Association of Museums, Edward Able, can expand the Integrated Automated mous consent that the letter be printed Jr., President and Chief Executive Officer; Identification System to help secure in the RECORD. American Bus Association, Peter Pantuso, our borders. We already have the tech- I hope my colleagues will cosponsor President and Chief Executive Officer; Amer- S. 1500 and join in our bipartisan effort ican Recreation Coalition, Derrick Crandall, nology available to pre-screen, iden- President, and Association of Retail Travel tify, verify individuals, and share infor- to preserve jobs and revive this vital sector of the economy by getting trav- Agents, John Hawks, President. mation through the FBI’s fingerprint American Society of Travel Agents, Wil- database. We ought to leverage our pre- elers traveling again. liam Maloney, Executive Vice President and vious investment in this system. There being no objection, the letter Chief Operating Officer; Association of Trav- Specifically, if someone is on an was ordered to be printed in the el Marketing Executives, Kristin Zern, Exec- international ‘‘watch list’’ or ‘‘wanted’’ RECORD, as follows: utive Director; Carlson Companies, Marilyn in connection with a criminal or intel- NOVEMBER 2, 2001. Carlson Nelson, Chairman and Chief Execu- ligence investigation in the United The PRESIDENT, tive Officer; Cruise Lines International Asso- ciation, Jim Godsman, President, and Hospi- States, we need to know this informa- The White House, Washington, DC. tality Sales and Marketing Association tion. I believe our decisions as to whom DEAR MR. PRESIDENT: On behalf of the International, Ilsa Whittemore, Associate we allow to enter and stay in our coun- twenty-six member organizations comprising Executive Director. try are only as good as the information the Travel Industry Recovery Coalition rep- International Association of Amusement upon which we base our decisions. My resenting all segments of our nations $582 Parks and Attractions, Brett Lovejoy, Presi- provision in our new counter-terrorism billion travel and tourism industry and list- dent; International Association of Conven- law requires the FBI to report to Con- ed in detail on the enclosed sheet, I write to tion and Visitors Bureaus, Michael Gehrisch, gress on how its fingerprint database thank you for encouraging Americans to President and Chief Executive Officer; Inter- travel again and for your Administration’s national Council of Cruise Lines, Michael and other systems can be used to ad- ongoing efforts to make travel safe and se- Crye, President; National Association of RV dress this problem. cure. Working with your Administration, our Parks and Campgrounds, David Gorin, Presi- Again, I anticipate that these bills industry has made progress ensuring that dent, and National Business Travel Associa- will be reconciled into a comprehensive travel is safe and secure and in restoring tion, Marianne McInerney, Executive Direc- border security bill. I hope to work consumer confidence in travel. tor. with the sponsors of both bills and help We are grateful for your leadership in ex- National Council of Attractions, Randy bridge the gaps. panding the low interest SBA Economic In- Fluharty, Senior Vice President, The Bilt- jury Disaster Loan program to small busi- more Company; National Council of Destina- f ness across the entire country. We also ap- tion Organizations, Joe D’Alessandro, Presi- DOMESTIC TRAVEL AND TOURISM preciate the congressional leaders who have dent and Chief Executive Officer, Portland INDUSTRY expressed their strong support for an expan- Oregon Visitors Association; National Coun- sion of the net operating loss carry-back cil of State Tourism Directors, Patty Van Mr. KYL. Madam President, as my that will be of real benefit to our industry. Gerpen, Cabinet Secretary, South Dakota colleagues know, Senator ZELL MILLER Unfortunately, these important efforts have Department of Tourism; National Tour Asso- and I have introduced bipartisan legis- not been sufficient to encourage enough ciation, Hank Phillips, President, and Recep- lation to help our domestic travel and travelers to travel and thus to keep workers tive Services Association, Michele Biordi, tourism industry recover from the dev- working. The state of our travel and tourism Executive Director. astating effects of September 11. I be- industry thus remains precarious. Recreational Vehicle Industry Association, We write to urge your Administration to lieve that we must focus an emergency David Humphreys, President; Society of Gov- support bipartisan legislation introduced in ernment Travel Professionals, Duncan economic stimulus package on the sec- both the Senate and the House that would Farrell, General Manager; Student Youth tor that has been most harmed: our provide a $500 per person ($1,000 per couple) Travel Association of North America, Mi- travel and tourism industry. If we are tax credit for travel booked by the end of the chael Palmer, Executive Director, Travel to prevent thousands of bankruptcies, year. The proposed tax credit meets your Ad- Goods Association, Anne DeCicco, President; hundreds of thousands of lost jobs, and ministration’s central condition for inclu- Travel Industry Association of America, Wil- a host of indirect consequences to the sion in the economic stimulus package in liam S. Norman, President and Chief Execu- rest of the economy, it is essential that that it would have an immediate and signifi- tive Officer, and United States Tour Opera- cant impact on the entire economy, and tors Association, Bob Whitley, President. we provide some immediate help to the would not require a permanent change to the travel and tourism industry. tax code (and thus would not affect future f The most important element of the interest rates). We believe its enactment 2001 CONFERENCE OF THE NA- legislation would provide a temporary would generate $50 billion in economic activ- $500 tax credit per person, $1,000 for a ity and 590,000 jobs over the course of the TIONAL TRUST FOR HISTORIC couple filing jointly, for personal trav- next year. We urge you to support this tem- PRESERVATION el expenses incurred by the end of the porary travel tax credit to stimulate the Mr. CHAFEE. Madam President, re- year. This temporary measure will help economy, to preserve jobs, and to bring fami- cently the National Trust for Historic encourage Americans to resume their lies together this year at Thanksgiving and Preservation held its annual National during the December holidays. normal travel habits. Unlike general We urge your Administration to support Preservation Conference in Providence, rebate checks to taxpayers, a tax cred- short-term measures that would eliminate Rhode Island. In tribute of my father, it conditioned on travel expenses en- the current 50% penalty on business meals the late Senator John H. Chafee, the

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11606 CONGRESSIONAL RECORD — SENATE November 8, 2001 theme of the conference was ‘‘Pre- millions of shirts and blouses and coats, about the things that we cherish most: com- serving the Spirit of Place’’ which hon- draped on the blackened wall of the Pen- munity, family, home. ored one of the last speeches he gave tagon, we all saw it: Our flag was still there. They are buildings, certainly. But they are That’s proof that the American spirit en- much more than that. They are the places before his death. dures—and you can find it on just about we depend on as anchors in a restless, uncer- Particularly during this time of na- every block in every community in this tain world. They are the wellsprings of the tional turmoil, we recognize the impor- country. This simple, reassuring fact pro- sense of continuity that one historian has tance of our sense of place as we move vides a firm foundation, I believe, for the called ‘‘part of the very backbone of human about our daily lives. Liberty and free- work we have to do. dignity.’’ They are the magnets that pull us dom unite all Americans, form our In times like this, our first thoughts natu- together to commemorate, to celebrate, to common heritage, and permit us to rally are for the well-being of our families mourn, to mark the major passages in our cherish our sense of place in the world. and our fellow citizens. But beyond these im- national life. They are, in effect, the story of mediate personal concerns, I believe we have us as a nation and a people—a powerful story The preservation of our Nation’s his- a specific and critically important responsi- written in wood and stone and steel. toric buildings and districts is a way bility as preservationists. We’re all aware of We need them. Preservationists have been for us to acknowledge the events of the importance of healing the nation’s phys- saying that for a long time, and now—prob- America’s rich past and immortal leg- ical wounds, of strengthening the nation’s ably more than ever before—people under- acy. The restoration of a downtown defenses—but we can’t lose sight of the im- stand what we mean. A part of what makes square in Spokane, WA; the revitaliza- portance of nurturing the nation’s soul. us human is our need to belong to a specific tion of an old fort in Salt Lake City, In the context of this pressing need to heal place with a history, a geography and a set and move on, our work as preservationists of values. UT; and the renovation of historic has an importance—a relevance—that is A nation at war needs these places more homes in Providence, RI; these projects greater than ever before. than ever. Arthur Schlesinger has written represent how American ingenuity and Think for a moment about where the blows that the recent history of America is a story perseverance form the building blocks fell on September 11. Not on missile bases or of ‘‘too much pluribus and not enough of our architectural and cultural herit- factories or power plants or shipyards. No, unum.’’ age. the targets were people and buildings that In times like these, unity is essential. An I would like to recognize the work of symbolize America’s military and economic understanding of the history and values that strength. Did the terrorists really believe we share is part of the cultural ‘‘glue’’ that the National Trust for Historic Preser- that an attack on the Pentagon would bring binds us together, that keeps our society vation and its dedication to revital- our military to its knees? Or that destroying from cracking apart into dozens of separate izing historic buildings across the Na- the World Trade Center would shatter Amer- pieces. If we’re to meet the challenge of liv- tion in order to preserve our spirit of ica’s financial structure? Probably not—but ing in a changed world, it is imperative that place. I ask that President Richard they recognized the enormous importance of we pledge our best efforts to recognizing and Moe’s speech at the 2001 Conference of symbols. safeguarding the places that help give us a the National Trust for Historic Preser- As preservationists, we recognize their im- sense of community—and a sense of con- portance too. We know that place has power. tinuity. vation be printed in the RECORD. We know that we can read about our his- We need these places—but we can lose There being no objection, the mate- tory in books, but we also know that facts on them. We’ve always known they are fragile, rial was ordered to be printed in the paper are no more or less important than but last month, in images that will stay with RECORD, as follows: truth on the ground—truth made tangible in us for the rest of our lives, we were reminded 2001 PRESIDENT’S REPORT—NATIONAL place. of just how quickly and stunningly our sym- PRESERVATION CONFERENCE History says, ‘‘This is what happened.’’ bols can be taken from us. For some time Preservation says, ‘‘Right here’’—and that (By Richard Moe) now, we’ve been saying that the National simple addition gives our knowledge of his- Trust’s mission is to protect the irreplace- I’m very glad you’re all here. tory an immediacy that is absolutely essen- able. In the aftermath of September 11 we re- We’ve spoken and heard those words often tial if we hope to make an understanding of alize anew, with a terrible clarity, how im- in recent weeks, as we’ve sought comfort and the past a springboard to a better future. portant this mission is. reassurance in the presence of family, friends Similarly, we can learn about shared val- More than 150 years ago, the English artist and colleagues. It’s a sentiment that’s to- ues from mentors at home, in a school or a and critic John Ruskin wrote, ‘‘Architecture tally appropriate here, because we are a fam- house of worship, but those values take on a is to be regarded by us with the most serious ily. That is really why I’m so glad you’re new and amplified reality when we can see thought. We may live without her, we may here, so grateful that we can gather to- them embodied in a place. Back in 1966, the worship without her, but we cannot remem- gether, can strengthen and support each an- visionaries who sought to define the work of ber without her.’’ In times like these, we other as we try to make sense out of what preservation in the groundbreaking report need to remember who we are. It’s essential has happened and try to figure out where we With Heritage So Rich encapsulated this to remember the long process that made us fit in the new world into which we’ve been concept when they wrote that our move- Americans, to remember the struggles, the thrust. ment’s ultimate success would be deter- crises, the triumphs that we’ve known in the We’ve heard it said over and over: ‘‘Things mined by its ability to ‘‘give a sense of ori- past—and to be sustained and empowered by will never be the same again.’’ Thousands of entation to our society, using structures and that memory. This means that more than lives have been changed forever. The skyline objects of the past to establish values of ever before, we preservationists must work of our biggest city has been changed. It’s time and place.’’ to ensure that the places that embody what probably no exaggeration to say that the The places we cherish—the places that we, America stands for are kept safe, firm and very shape of our future has changed too—in as preservationists, work to save—are sym- alive so that we can continue to learn from some ways that we can already see and in bols, but they are not abstractions. They are them, be enriched by them, draw strength others that aren’t yet clear and we cannot real and tangible. They surround, support and inspiration from them. yet see. and illuminate almost every aspect of our So what happens now? It’s a complicated But some things remain intact—and maybe daily lives. And they embody our most fun- question, but it has, I think, a deceptively even stronger than before: our appreciation damental values. simple answer: We go on. As individual of the traditions and values that have shaped The nation’s schools symbolize the value of Americans, we’ll go on with our lives. As our country and that still shape our lives; education, the importance of good citizen- preservationists, we’ll go on with our job, the bravery, compassion and generosity that ship. Our courthouses embody our commit- strengthened by a renewed conviction that we demonstrate when our fellow citizens are ment to the rule of law. State capitols and our job is essential to the unity and well- in need; the sense of common purpose that city halls are monumental representations of being of the nation we love. unites us. the grandeur and stability of democratic There is plenty of work to be done right So much has changed since the morning of government. Shrines like the Lincoln Memo- now. There is an entire sector of a city to be September 11—but one thing, above all, re- rial and the Statue of Liberty refresh the repaired or rebuilt. There are thousands of mains true and constant: The American spir- wells of patriotism that lie deep within all of businesses, institutions and individuals to be it endures. us. Churches and synagogues and mosques housed. Perhaps most important, there is a September 14—just 3 days after these ter- symbolize our freedom to worship as we wound in the nation’s soul to be healed. rible events—was the anniversary of the fir- please. Barns and fields and farmhouses re- It’s an enormous job—and I’m very pleased ing on Fort McHenry. That was in 1814. One mind us of our strong ties to the land and to report that the National Trust has al- hundred eighty-seven years later, we have all summon images of the restless, adventurous ready rolled up its sleeves and started to taken comfort from the same sight that in- spirit that pushed us across a continent. work. Here’s a quick snapshot of what we’re spired Francis Scott Key. On the tops of sky- Main Streets from coast to coast are a doing: scrapers, in front of government buildings, bricks-and-mortar textbook on the virtues of The Trust is participating in a working on police cars and firetrucks and taxis, on hard work and free enterprise. Residential group of 10 public- and private-sector organi- the front porches of thousands of homes, on neighborhoods everywhere speak eloquently zations that will undertake a comprehensive,

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11607 coordinated effort to assess damage to his- not just as lifeless monuments, but as envi- ston S. Churchill. His grandfather, toric buildings in lower Manhattan and deal ronments where we can connect with the former Prime Minister Sir Winston with other preservation issues stemming lives of the generations that came before us, Churchill is a hero to many Americans from the tremendous damage in that area. places where we can build and maintain safe, including myself. Sir Winston’s leader- As an outgrowth of this collaboration with rich, meaningful lives for ourselves and the our New York partners, the National Trust is generations that will come after us. ship of the British people in their dark- one of 5 organizations that have established Our strengths, our skills, our experience est hours are a source of inspiration for the Lower Manhattan Emergency Preserva- and our unique perspective will see us all of us in these uncertain times. His tion Fund, which will make grants to help through this challenge. But I am convinced picture hangs on the wall of my office alleviate the impact of the disaster and to that it won’t be easy—and what’s more, it and a recording of his speeches remains stabilize, renovate, and restore damaged his- certainly won’t be quick. In the altered con- ready to be played in my car should I toric sites in Lower Manhattan. We’ve al- text in which we now operate, many ques- need inspiration for the day ahead. In ready pledged $10,000 to this fund, and we’re tions remain to be answered: How will the prepared to do more. The Lower East Side the face of adversity and as his country changing and uncertain state of the economy was faced with the most brutal of all Tenement Museum, a National Trust his- affect us? How will the events of September toric site located within sight of Ground 11 affect the growing momentum of the back- enemies, Churchill steadfastly ‘‘held Zero, opened its doors to shelter those flee- to-the-city movement? Can we take steps to the line.’’ In October of 1941, just over ing the financial district on September 11. ensure that smart-growth issues such as im- 60 years ago, Churchill spoke these Now, as part of its longstanding commit- proved passenger rail and mass-transit op- words to the young men of Harrow ment to programs that promote cultural tol- erance and understanding, the museum— tions and increased development density are school: with support from Trust employee contribu- included in the national recovery agenda? Never give in, never give in, never, never, tions—is launching new initiatives focusing Can we develop innovative, yet sensitive never, never. In nothing, great or small, on understanding the Arab-American experi- ways to address the very real concerns for large or petty—never give in except to con- ence. public safety in historic buildings and gath- victions of honor and good sense. Never yield National Trust staff are also contributing ering places? How can we best help the pub- to force; never yield to the apparently over- to the Service Employees September 11th lic understand the importance of a strong whelming might of the enemy. Relief Fund, established to provide assist- commitment to historic preservation as an Those words inspire me to keep fight- ance to the thousands of janitors, day por- essential component of building our national unity? ing in the Senate for what is right and ters, security guards, tour guides and other for what is good. Those words inspire service employees working in the World These are tough questions. There are doz- Trade Center and the Pentagon who were ei- ens more, all equally challenging. We’ll need me to keep working toward the right- ther killed or injured in the attacks, or who time and perspective and lots of serious con- eous goal in the conflict in which the are out of work indefinitely because of the versation before we find answers to them. United States and the United Kingdom damage to these buildings. This conference provides an excellent forum are fighting today. I have no doubt Anyone who wishes to contribute to these for starting those conversations. As Ameri- that, were Sir Winston alive today, he funds is certainly welcome to do so. Already cans, one of our greatest strengths is our would be standing beside our country we have collected more than $11,000. We’ll identity. Knowing who we are makes us continue to increase this amount with your strong. Knowing where we came from makes in this crisis, just as Prime Minister help tonight—in the lobby as you leave there us confident. Knowing the legacy we have in- Blair has done. will be volunteers accepting your contribu- herited makes us part of a powerful partner- Last month, at a dinner hosted by tions to this effort. Thank you in advance ship between past, present, and future. the Churchill Center, I had the honor for your help. For future and ongoing con- Passing on that knowledge—of who we are, of meeting with Winston S. Churchill. tributions, you can get information about where we came from and what is the legacy Just like his grandfather, Winston S. them at the National Trust programs booth that shapes and enriches us —is what preser- Churchill has led a remarkable life. His in the Resource Center. vation is all about. It’s what makes preser- experience as a former war cor- These efforts mark the mere beginning of vation such important—and yes, noble— respondent and Member of Parliament what will be a long process of recovery and work. The Talmud tells us, ‘‘We do not see rebuilding. I’m convinced that it will chal- things as they are. We see them as we are.’’ has, I believe, given him a unique in- lenge this organization and the preservation As preservationists, we have a unique way of sight into our current War on Ter- movement as a whole. Fortunately we are seeing things. Our vision can help America rorism. He has traveled the globe and positioned to meet the challenge effectively. find its way through the uncertainties of has a deep understanding of the dif- As you’ll hear in a few moments, our finan- this new world. We will pass on that vision. ferent peoples and cultures of our cial base is strong and getting stronger. And As preservationists, we understand the world. In particular, my colleagues our programs to help Americans appreciate strength that comes from a shared sense of their heritage and strengthen efforts to save may benefit from his interesting and the rich heritage that is ours as Americans. thought provoking assessment of the it are meeting unprecedented success. We will pass on that heritage—and the My confidence in the National Trust’s abil- strength that grows with it. current situation he made in an ad- ity to meet this challenge extends to the We know that our work is America’s work. dress to the National Press Club on Oc- preservation movement as a whole. We’ve We know that the heritage we share is wor- tober 11, 2001. never been stronger. Historic sites across the thy of our best efforts to save it. We know I ask unanimous consent this address country are doing a better job than ever of that the skills and vision we offer have never be printed in the RECORD and, on behalf linking us with our past and reminding us of been more important—or more needed. We of the American people, I offer Winston its relevance to our daily lives. There are have an enormous job to do—but it’s the more—and more effective—statewide and S. Churchill my sincere appreciation same job we’ve been doing for a long time, for everything that he has done to fur- local organizations than ever before. To- and we know how to do it well. gether, we’re making a real difference—a dif- So let us go forward with a renewed sense ther the ‘‘special relationship’’ between ference you can see in landmark buildings of purpose. The heritage we preserve will the United States and Great Britain. put to innovative uses; in traditional down- sustain us in these very different and trying There being no objection, the mate- towns given new economic life; in historic times. The heritage we pass on will enrich rial was ordered to be printed in the neighborhood schools adapted to provide and inspire generations of Americans to RECORD, as follows: state-of-the-art learning environments for come. CONFRONTING THE CHALLENGE OF TERRORISM today’s students; in farmland and open May God bless our work as preservation- spaces protected from wasteful sprawl; in (Address to the National Press Club, Wash- ists. May God bless America. ington, DC, on Thursday, 11 October 2001, historic sites where interpretive programs Thank you. bring our heritage alive; and in communities by Winston S. Churchill) rescued from decades of disinvestment and f I find it a remarkable honour, as a former deterioration. ADDRESS TO THE NATIONAL war correspondent of the 1960s and early Because of the great strides our movement PRESS CLUB BY WINSTON S. 1970s, to be your guest here today. At the has made in recent decades, it’s hard to find time I received your invitation back in May, a city or town where preservation’s benefits CHURCHILL it was my intention to speak to you on the aren’t clearly and proudly—and even profit- Mr. CLELAND. Madam President, I theme of the Special Relationship, which it ably—displayed. This widespread success is rise to day to pay tribute to a great was fashionable—especially in media cir- helping vast new audiences learn what you friend of the United States and a man cles—to regard as finished. Though that re- and I have always known for a long time: whose unique perspective on the cur- mains an underlying theme, the subject of that preservation is not about buildings, it’s my address to you today is: Confronting the about lives. rent events of the world is worthy of Challenge of Terrorism. It’s about saving historic places not just as our attention. Recently, I had the rare Precisely one month ago today, the vilest isolated bits of architecture and landscape, honor of spending some time with Win- and most devastating terrorist attack was

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11608 CONGRESSIONAL RECORD — SENATE November 8, 2001 perpetrated against innocent civilians. Let being put to the test. Suddenly President It is clear that, if we are to win this war there be no doubt: in striking at New York’s Putin is our friend and Russia has become against Islamic fundamentalist terrorism— Twin Towers and at the Pentagon here in our ally in encompassing the defeat of the and, though we are told that such termi- Washington, the terrorists were striking at Taliban in Afghanistan, giving its blessing to nology is not politically correct, I use those us all, all that is who value freedom, decency Uzbekistan providing a base for a major U.S. words advisedly—it will only be if we can and democratic government. military build-up in what was a former So- win and retain the support of moderate Is- I happened to be in New York at the time viet republic. What we are witnessing is lamic states, and the hearts and minds of the and watched in disbelief as, one after the nothing less than a revolution in Russia’s re- overwhelming majority of Moslems in our other, these two proud icons disappeared lations with the West. Even the People’s Re- own countries and around the world. from New York’s skyline. I saw the courage public of China appears as an ally for, like It is essential that we persuade them to of the men and women of New York’s Fire Russia, she feels threatened by the spread of join with us in lancing this boil of fanatical and Police Departments and the calm resolve Islamic fundamentalism on her borders. extremism and to destroy the incubus of ter- of the ordinary citizens in the face of terror, The 15 nations of the European Union have ror that poses such a mortal threat, not only which came without warning out of a clear pledged their full support for America and to Western civilisation, but also to all mod- blue sky. the 19 NATO allies have vowed to stand right erate Arab and Islamic states who are, each It evoked for me memories of wartime behind her. What this will mean in practical and every one of them, our natural partners London. I was a Blitz baby, born in 1940, and terms remains to be seen. As someone once in this battle. This explains the trouble and my earliest memories are of bombs falling on very truly remarked: ‘‘It is only at the effort the Administration has taken to build London, of blazing buildings, of anti-aircraft height of the storm, by the lightning’s flash, up a coalition of nations to fight the menace tracer crisscrossing the night sky and of that you can turn round and see your of terrorism. Their support is vital—and I be- many a night spent in public shelters be- friends’’. lieve it can be won. neath the streets of London. In recent years it has become fashionable But we must also realise the extent to Indeed I understand that Mayor Guiliani, among the chattering classes on both sides which we are walking on eggshells. In my who has been such a tower of strength to of the Atlantic to declare that the ‘‘Special days as a war correspondent in the 1960s, I New Yorkers in their hour of crisis, has be- Relationship’’ between the United States and saw both sides of war. I have seen it from the come so fond of quoting my Grandfather, Great Britain was something of the past, in- cockpit of U.S. Air Force Phantom and that he has earned the accolade of ‘‘Church- deed effectively dead. Well, to paraphrase Super Sabre fighter-bombers, while taking ill in a ball cap’’. The words of Winston Mark Twain, events of the past month have part in air strikes in Vietnam. Churchill, in a speech to the House of Com- only gone to show that reports of its death I have also, at the time of the Nigeria/Bi- mons—following Hitler’s orders to the Ger- were ‘‘greatly exaggerated’’. afra civil war, been on the receiving end. I man Luftwaffe to begin terror-bombing the Today, as action continues against the have seen the bomb-bay of an Iluyshin bomb- civilian population of Britain—are indeed Taliban regime of Afghanistan, United er opening up above my head and the bombs most apposite. They apply every bit as much States and British forces stand shoulder to cascading down to land a few hundred yards to New Yorkers and the people of America shoulder once again, united as never before. down the street on a maternity clinic, kill- today: Britain has in place a military force of 24,000 ing dozens of nursing mothers and their ba- ‘‘[Hitler] hopes by killing large numbers of Army, Navy and Air Force, deployed to bies. civilians, and women and children, that he southern Arabia. Our nuclear submarines, Together with New York Times cor- will terrorise and cow the people of this H.M.S. Triumph and Trafalgar, have already respondent, Lloyd Garrison, I had the hor- mighty imperial city. . . . Little does he engaged the enemy with Tomahawk cruise- rific task of reporting and photographing the know the spirit of the British nation, or the missiles, elements of our Special Air Service consequences of a deliberate raid by another tough fibre of the Londoners. . . . Iluyshin on a market place containing some ‘‘This wicked man, the repository and em- have undoubtedly, for some time now, been bodiment of many forms of soul-destroying covertly on the ground inside Afghanistan, 2,000 civilians, the great majority of them hatred, this monstrous product of former while our air and ground forces are standing women and children. It was by far the most wrongs and shame, has now resolved to try by to attack. harrowing task I have ever undertaken in Despite the brave words of support from to break our famous island race by a process my life and one, which I shall never forget. Those were, of course, the days before the of indiscriminate slaughter and destruction. other nations, it is likely, at the end of the ‘‘What he has done is to kindle a fire in day, that the bedrock for any military ac- omni-presence of CNN, and before such British hearts, here and all over the world, tion in the prosecution of this war against graphic scenes of horror could be trans- which . . . will burn with a steady and con- terrorism—and of those states that harbour mitted to our homes in real time. Today it suming flame until the last vestiges of Nazi and support terrorists—will be the British/ would take only one or two such outrages, in tyranny have been burned out of Europe, and American alliance, just as it has been British which a school or hospital was hit by acci- until the Old World—and the New—can join and American pilots alone who, in the wake dent, for Mr. Bush’s elaborately constructed hands to rebuild the temples of man’s free- of the Gulf War and to this day, have risked coalition of moderate Islamic states to fall dom and man’s honour, upon foundations their lives enforcing the ‘‘No-Fly’’ zones over apart and for support to start ebbing away in which will not be soon or easily overthrown. Northern and Southern Iraq. Europe and even on the home front. . . .’’ President Bush wasted no time in picking It is impossible to guess how long it will The reference to ‘‘the temples of man’s up the gauntlet cast down by the terrorists take to apprehend Bin Laden and his hench- freedom’’ has a haunting echo about it, and on 11 September, but perhaps not in the way men, and bring them to justice. That it will I could not help but notice the date of that that Bin Laden imagined. It was doubtless be done in time, I have no doubt. Meanwhile 1940 speech: poignantly, it was 11th of Sep- one of his prime aims to provoke the United the overthrow of the cruel, barbaric Taliban tember. States into a wild, furious reaction, which regime, which harbours him, is clearly the However much we may wish our lives to re- would—at a stroke—unite Islam and all Is- top priority. This is an alien regime, estab- turn to normality, things can never be the lamic states against America and, in the lished only in the past five years, with fund- same again. What happened on Tuesday, 11 process, bring about the downfall of the ing and arms from Arab countries, by way of September 2001, is something that has West’s friends in the Arab world, including Pakistan, which acted as ‘‘godfather’’ to the changed the lives of us all. There is a new the Saudi monarchy and the Gulf Sheikh- Taliban. sense of vulnerability and a realisation of doms, and the pro-Western governments of Their rule has been so brutal and disas- how tenuous a hold each one of us has on life Pakistan and Egypt. trous that an estimated one in four Afghans when—with barely a split second’s warning— But the President, while declaring war on have fled as refugees to Iran or Pakistan, death can come upon us out of a clear blue terrorism and its supporters, has been metic- creating a massive humanitarian crisis in sky. It is not just New Yorkers, Washing- ulous and measured in his response. Thus the region. Once the Taliban have been over- tonians or Americans, who have been far, the Administration has handled this un- thrown, a high priority must be to cut off touched by this outrage, but all of us, wher- precedented crisis with consummate skill. the funding, not only for the terrorists, but ever we may live. He has rightly—and repeatedly—gone out of also for the fundamentalist madrassas—the Jogging round London’s Hyde Park the his way to stress that this is a war against theological schools, established in numerous other day I noticed—just as I had in Central terror, not against Islam. countries around the world, where the gospel Park a few days earlier—how much more He has emphasized that the more than 6 of Islamic purity and anti-Western hatred is friendly we have suddenly all become. There million Moslems and Arabs living in Amer- preached. was a smile or ‘‘good morning’’ from total ica are, overwhelmingly loyal, patriotic Unbelievable though it may seem, no coun- strangers who, previously, would just have Americans, who love their adoptive country try has been more responsible for this than gone about their business like planets spin- and who are appalled by the actions of those Saudi Arabia—the West’s principal ally in ning in their own orbits, heedless of the rest extremist fanatics who, in a telling phrase of the Middle East. In order to appease and de- of the universe. All at once we have come to the President, are trying to ‘‘hijack Islam’’ flect criticism of their pro-Western leanings realise how much we depend upon each for their own purposes. The President has set and opulent lifestyle, the Saudi ruling fam- other. More than ever before, we are extend- a fine example by extending the hand of ily—in an act of consummate folly—has ing the hand of friendship to total strangers. friendship to members of America’s Islamic poured vast resources into the establishment Even at national level, new friendships and community, as has Prime Minister Blair to of these schools and religious universities, in alliances are being forged, while old ones are the 2 million Moslems living in Britain. their own country and overseas. They now

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11609 find that they are riding a tiger of extremist incurable, plagues. We shall not be talking of our might and with all the strength that God fundamentalism, entirely of their own cre- a few thousands or tens of thousands of civil- can give us: to wage war against a monstrous ation, which threatens the very foundations ians being blown away in an instant, but tyranny, never surpassed in the dark, lamen- of their hold on power. As a result, today al- rather of millions. This has indeed been a table catalogue of human crimes. That is our most half the young Saudi males coming wake-up call from hell and we have no option policy. onto the jobs market have only religious but to heed the warning. ‘‘You ask: What is our aim? I can answer in qualifications, making them not only unem- At the same time it is vital that we appre- one word. It is victory. Victory at all costs, ployed, but unemployable. In consequence, ciate exactly what we are up against and victory in spite of all terror. However long or barely one in four is able to find a job. The just how high are the stakes for which we are hard the road may be; for without victory rest make a fertile field of disaffection, from playing. In the 1930s it was fashionable to there is no survival.’’ which bin Laden is able to recruit new gen- dismiss Hitler’s declared aims as the ravings I say to our friends and allies in Europe erations of suicide-bombers, hijackers and of a mad man. He was not a mad man. He and around the globe, this is not America’s terrorists, and it is no coincidence that was a deeply flawed genius, who came within battle alone; it is a battle on behalf of the many of last month’s hijackers were Saudis. a hair’s breadth of victory. whole world, and on behalf of generations More horrifying yet, if estimates attrib- By the same token, it would be a terrible yet unborn. Together we have overcome far uted to the CIA are to be believed, in recent mistake to dismiss Osama bin Laden as no more powerful enemies than those that as- years some 70,000 militants have passed more than a mad mullah hiding out in some sail us today. I have every confidence that, through bin Laden’s terrorist training camps cave in Afghanistan. He is a brilliant but evil in confronting this new challenge, America in Afghanistan and are currently dispersed man, with a limitless well of hatred for ev- and Britain—together with our allies—can across no fewer than 55 countries around the erything that constitutes the values of West- prevail and shall prevail, just as together we world, including our own. New attacks are ern society, all that we hold dear: freedom, have triumphed in the past. inevitable—and some, undoubtedly, will suc- democracy, prosperity and tolerance. ceed—before this hydra-headed monster of His aim is to garner the resources that international terrorism is destroyed. would enable him to inflict infinitely greater f While it will be difficult for the Saudi gov- damage upon the United States and her al- ernment to bring it’s extremist theological lies, including especially Israel. Already bin ADDITIONAL STATEMENTS schools under control and integrate them Laden and the Taliban, which works hand-in- within the state education system, if it fails glove with him, control 70 percent of the to do so, it is inevitable that the Saudi rul- world’s opium production. By way of exam- ing family will, sooner or later, forfeit its ple, 90 percent of heroin sold on the streets 30TH ANNIVERSARY OF CENTER hold on power, and be drowned by a tidal of Britain today comes from Afghanistan and wave of fundamentalism. it is this that constitutes the primary source POINT Beyond that, intense international and of funding for his campaign of terror against ∑ Mrs. BOXER. Madam President, I economic pressure will have to be brought to the West. But his ambition ranges far higher. would like to take this opportunity to bear on those powerful Islamic states that Can anyone doubt but that he has his sights bring to the Senate’s attention the provide bases and backing for terrorism, es- set on the nuclear arsenal of Pakistan and pecially Iraq, Iran, Syria and Sudan, some of the oil wealth of Arabia? wonderful and necessary work of Cen- which—such as Iraq—have been working for The importance of seeing this war through ter Point, Inc. in California. Center 30 years or more on obtaining or developing to victory cannot be overstated. The price of Point is preparing to celebrate its 30th weapons of mass destruction. failure would be terrible: far, far more ter- anniversary of service to the commu- Indeed, as long as twenty years ago, I was rible than stopping half way to Baghdad, as nity. This milestone is a testament to the first to report in the London Times that we did in the Gulf War. If, for example, faced the success of its programs and the life the French Government, in an act of breath- with mounting casualties—to our forces in affirming and life-changing nature of taking irresponsibility, had sold Saddam the field and to our civilian population at Hussein 72 kilograms—or some 160 lbs.—of home, as a result of further terrorist out- its mission. I could not be happier for weapons-grade uranium, sufficient for the rages—we were to falter or fail, let no one Center Point CEO Sushma Taylor and manufacture of three nuclear bombs. It was doubt what would be the consequence. the organization’s dedicated staff and this that, a few months later, prompted the Were we to withdraw leaving the job unfin- extended family. long-range strike by Israeli Air Force jets ished, bin Laden and his henchmen would be Begun in 1971, in my home county of that took out Saddam’s Osirak reactor. the heroes of Islam. America and her allies Marin, Center Point has since devel- Some of these rogue states are already in would be seen as no more than paper tigers. oped into a model community services a position to equip terrorists with weapons President Pervaiz Musharraf and the pro- of mass-destruction, especially with agents Western elements in Pakistan’s armed forces provider, assisting at-risk families and of chemical and biological warfare. Mean- would be swept aside, while those who have individuals of all ages with issues rang- while, they are themselves working on—or long had close links with the Taliban would ing from drug and alcohol addiction, to seeking to acquire from North Korea—inter- seize power. At a stroke, bin Laden would homelessness, to HIV/AIDS, to job mediate or long-range missiles, with which have secured control of Islam’s one and only training. Each year it serves over 8,000 to threaten their neighbours, including nuclear power, estimated to have some 30 individuals through its residential, Israel and Saudi Arabia, as well as Western tactical nuclear warheads each with the outpatient, housing and in-custody Europe. power of 21⁄2 Hiroshima bombs. It would be a mistake for the United Nor would that be the end of his ambition. programs. These efforts not only serve States and her close allies to set out their He has avowed his determination to purge to rescue individual lives, they have full agenda but, where peaceful means prove his native Saudi Arabia of the infidel Amer- the power to heal families and ulti- inadequate to ensure the ending of these pro- ican presence which, in his eyes, defiles the mately transform whole communities. grammes that potentially menace millions Holy Land of Islam. A crisis in the ruling Al I believe strongly in the work being of innocent civilians, we shall have no choice Saud dynasty, could pave the way for their done at Center Point and at similar fa- but to do so by military action. violent overthrow by fundamentalist forces cilities around California and the Na- There will be those, both in America and in linked to bin Laden. Britain, who will not have the stomach for Armed with the oil-wealth of Arabia— tion. We need to encourage and enable such a fight, and there will be many of our amounting to one quarter of the world’s re- these programs that are making a dif- coalition partners, not only in the Middle serves—the drug-wealth of Afghanistan and ference. I introduced my Treatment on East, but also in Europe, who will fall by the the nuclear capability of Pakistan, in addi- Demand Assistance Act this year to do wayside as the campaign expands in scope. tion to a terrorist network with tentacles in just that. My bill would double the But, come what may, we must have the cour- 55 countries, bin Laden would constitute a Federal Government’s funding for drug age and resolve to see this through to vic- desperately grave threat to the entire West- and alcohol treatment over 5 years, tory. ern world. Now that battle is joined, we have from the current $3 billion to $6 billion. Horrific though the attacks were, that no choice but to see it through to victory, were wrought against innocent civilians on however long the road, however great the It also provides for incentives to States 11 September, can anyone doubt that what cost. that have instituted a policy of empha- we saw in New York and Washington a Since the words and spirit of my Grand- sizing treatment over incarceration for month ago was but a foretaste of far, far father have been invoked already many non-violent drug offenders. worse to come? times in the past month, I can do no better Treatment works. When we invest in It is certain that if we do not have the than to conclude with a quote from Winston it and other programs proven to im- courage to extirpate this cancer of terrorism Churchill’s first address to the House of once and for all, that our children and grand- Commons on becoming Prime Minister in prove lives, we are investing in a safer, children will live to see whole cities con- May 1940: healthier future for us all. Center sumed by fire and large numbers of their fel- ‘‘You ask what is our policy? I will say: It Point has been proving this for 30 low-citizens struck down by devastating, and is to wage war by sea, land and air, with all years.∑

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11610 CONGRESSIONAL RECORD — SENATE November 8, 2001 TRIBUTE TO SERGEANT JEFFREY To the Congress of the United States: Department of the Treasury, transmitting, HOJNACKE I transmit herewith the Department pursuant to law, the report of a rule entitled of Transportation’s Calendar Year 1999 ‘‘Blocked Persons, Specially Designated Na- ∑ Mr. SMITH of Oregon. Madam Presi- tionals, Specially Designated Terrorist, For- dent, I would like to take this oppor- reports on Activities Under the Na- tional Traffic and Motor Vehicle Safe- eign Terrorist Organizations, and Specially tunity to pay tribute to Oregon native, Designated Narcotics Traffickers: Additional Sergeant Jeffrey Hojnacke, a member ty Act of 1966, the Highway Safety Act Designations of Terrorism-Related Blocked of the 3rd United States Infantry, bet- of 1966, and the Motor Vehicle Informa- Persons’’ received on November 6, 2001; to ter known as ‘‘The Old Guard.’’ Ser- tion and Cost Savings Act of 1972. the Committee on Banking, Housing, and geant Hojnacke’s accomplishments GEORGE W. BUSH. Urban Affairs. THE WHITE HOUSE, November 8, 2001. EC–4537. A communication from the Sec- while serving as a sentinel at the Tomb f retary of Transportation, transmitting, a of the Unknowns personify the hal- draft of proposed legislation to authorize ap- lowed principles of duty, honor, and MESSAGE FROM THE HOUSE propriations for hazardous material trans- country. After joining ‘‘The Old At 3:23 p.m., a message from the portation safety, and for other purposes; to Guard’’ in 1995, Sergeant Hojnacke per- the Committee on Commerce, Science, and House of Representatives, delivered by Transportation. formed his first ‘‘walk’’ at the Tomb of Mr. Hays, one of its reading clerks, an- the Unknowns in Arlington National EC–4538. A communication from the Prin- nounced that the House disagrees to cipal Deputy General Counsel, Department Cemetery in May 1996. Completely self- the amendment of the Senate to the of Defense, transmitting, a draft of proposed less and dedicated, Sergeant Hojnacke bill (H.R. 2944) making appropriations legislation entitled ‘‘Personnel Pay and never missed a day of duty, and rou- for the government of the District of Qualifications Authority for Department of tinely filled in for others. On October Columbia and other activities charge- Defense National Capital Region Civilian 17, 2001, after over 5 years of duty able in whole or in part against the Law Enforcement and Security Force’’; to the Committee on Armed Services. standing watch over the most sacred of revenues of said District for the fiscal American shrines, Sergeant Jeffery EC–4539. A communication from the Assist- year ending September 30, 2002, and for ant Attorney General, Office of Legislative Hojnacke completed his 1,500th and other purposes, and agrees to the con- Affairs, Department of Justice, transmit- last ‘‘walk’’ at the Tomb of the Un- ference asked by the Senate on the dis- ting, a draft of proposed legislation entitled knowns. To put this accomplishment agreeing votes of the two Houses there- ‘‘Money Laundering Act of 2001’’; to the into perspective, very few sentinels in on; and appoints as the managers of Committee on the Judiciary. the history of the Tomb of the Un- EC–4540. A communication from the Assist- the conference on the part of the ant Secretary of Legislative Affairs, Depart- knowns have reached the coveted ‘‘1000 House: Mr. KNOLLENBERG, Mr. ISTOOK, walk’’ mark, and no one has come close ment of State, transmitting, pursuant to the Mr. CUNNINGHAM, Mr. DOOLITTLE, Mr. Arms Export Control Act, the certification to the 1,500 walks completed by Ser- SWEENEY, Mr. VITTER, Mr. YOUNG of of a proposed license for the export of de- geant Hojnacke. This is a record that Florida, Mr. FATTAH, Mr. MOLLOHAN, fense articles or services sold commercially will undoubtedly stand for many years. Mr. OLVER, and Mr. OBEY. under a contract in the amount of $50,000,000 On behalf of a grateful nation, let the The message also announced that the or more to Japan; to the Committee on For- record show the Congress of the United House disagrees to the amendment of eign Relations. States of America honors the selfless EC–4541. A communication from the Assist- the Senate to the bill (H.R. 3061) mak- ant Secretary of Legislative Affairs, Depart- service and accomplishments of Ser- ing appropriations for the Departments geant Jeffrey Hojnacke, an American ment of Defense, transmitting, pursuant to of Labor, Health and Human Services, the Arms Export Control Act, the certifi- hero, patriot and ‘‘Iron-Man’’ of the and Education, and related agencies for cation of a proposed license for the export of ∑ Tomb of the Unknowns. the fiscal year ending September 30, defense articles or services sold commer- f 2002, and for other purposes, and agrees cially under a contract in the amount of to the conference asked by the Senate $50,000,000 or more to Norway; to the Com- MESSAGES FROM THE PRESIDENT mittee on Foreign Relations. on the disagreeing votes of the two EC–4542. A communication from the Assist- Messages from the President of the Houses thereon; and appoints as the United States were communicated to ant Secretary of Legislative Affairs, Depart- managers of the conference on the part ment of State, transmitting, pursuant to the the Senate by Ms. Evans, one of his of the House: Mr. REGULA, Mr. YOUNG Arms Export Control Act, the certification secretaries. of Florida, Mr. ISTOOK, Mr. DAN MILLER of a proposed license for the export of de- f of Florida, Mr. WICKER, Mrs. NORTHUP, fense articles or services sold commercially Mr. CUNNINGHAM, Ms. GRANGER, Mr. under a contract in the amount of $50,000,000 EXECUTIVE MESSAGES REFERRED or more to Canada; to the Committee on PETERSON of Pennsylvania, Mr. SHER- Foreign Relations. As in executive session the Presiding WOOD, Mr. OBEY, Mr. HOYER, Ms. Officer laid before the Senate messages EC–4543. A communication from the Direc- PELOSI, Mrs. LOWEY, Ms. DELAURO, Mr. tor of the Office of Management and Budget, from the President of the United JACKSON of Illinois, and Mr. KENNEDY Executive Office of the President, transmit- States submitting sundry nominations of Rhode Island. ting, a draft of proposed legislation entitled which were referred to the appropriate The message also announced that the ‘‘Managerial Flexibility Act of 2001’’; to the committees. House agrees to the report of the com- Committee on Governmental Affairs. (The nominations received today are mittee of conference on the disagreeing EC–4544. A communication from the Dep- uty Associate Administrator of the Office of printed at the end of the Senate pro- votes of the two Houses on the amend- ceedings.) Acquisition Policy, General Service Admin- ment of the Senate to the bill (H.R. istration, transmitting, pursuant to law, the f 2620) making appropriations for the De- report of a rule entitled ‘‘Federal Acquisi- partments of Veterans Affairs and tion Regulation; Federal Acquisition Cir- CALENDAR YEAR 1999 REPORT ON Housing and Urban Development, and cular 2001–01’’ (FAC 2001–01) received on No- ACTIVITIES UNDER THE NA- for sundry independent agencies, vember 6, 2001; to the Committee on Govern- TIONAL TRAFFIC AND MOTOR boards, commissions, corporations, and mental Affairs. VEHICLE SAFETY ACT OF 1966, offices for the fiscal year ending Sep- EC–4545. A communication from the Sec- retary of Health and Human Services, trans- THE HIGHWAY SAFETY ACT OF tember 30, 2002, and for other purposes. 1966, AND THE MOTOR VEHICLE mitting, a draft of proposed legislation enti- INFORMATION AND COST SAV- f tled ‘‘HHS Bioterrorism Prevention and INGS ACT OF 1972—MESSAGE EXECUTIVE AND OTHER Emergency Response Act of 2001’’; to the Committee on Health, Education, Labor, and FROM THE PRESIDENT—PM 55 COMMUNICATIONS Pensions. The PRESIDING OFFICER laid be- The following communications were EC–4546. A communication from the Ad- fore the Senate the following message laid before the Senate, together with ministrator of the General Service Adminis- from the President of the United accompanying papers, reports, and doc- tration, transmitting, a report relative to a lease prospectus and a design prospectus; to States, together with an accompanying uments, which were referred as indi- the Committee on Environment and Public report; which was referred to the Com- cated: Works. mittee on Commerce, Science, and EC–4536. A communication from the Chief EC–4547. A communication from the Dep- Transportation. Counsel, Office of Foreign Assets Control, uty Administrator of the General Service

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11611 Administration, transmitting, pursuant to By Mr. LEAHY, from the Committee on *Sichan Siv, of Texas, to be an Alternate law, the Report of Building Project Survey the Judiciary, without amendment and with Representative of the United States of Amer- for Colorado Springs, CO; to the Committee a preamble: ica to the Sessions of the General Assembly on Environment and Public Works. S. Res. 23: A resolution expressing the of the United Nations during his tenure of EC–4548. A communication from the Chair- sense of the Senate that the President service as Representative of the United man of the Council of the District of Colum- should award the Presidential Medal of Free- States of America on the Economic and So- bia, transmitting, pursuant to law, a report dom posthumously to Dr. Benjamin Elijah cial Council of the United Nations. on D.C. Act 14–155 ‘‘Advisory Neighborhood Mays in honor of his distinguished career as *Richard S. Williamson, of Illinois, to be Commissions Annual Contribution Tem- an educator, civil and human rights leader, an Alternate Representative of the United porary Amendment Act of 2001’’; to the Com- and public theologian. States of America to the Sessions of the mittee on Governmental Affairs. By Mr. KENNEDY, from the Committee on General Assembly of the United Nations dur- EC–4549. A communication from the Chair- Health, Education, Labor, and Pensions, ing his tenure of service as Alternate Rep- man of the Council of the District of Colum- with an amendment in the nature of a sub- resentative of the United States of America bia, transmitting, pursuant to law, a report stitute: for Special Political Affairs in the United on D.C. Act 14–154 ‘‘Cooperative Purchasing S. 1094: A bill to amend the Public Health Nations. Agreement Temporary Amendment Act of Service Act to provide for research, informa- *Richard S. Williamson, of Illinois, to be 2001’’; to the Committee on Governmental tion, and education with respect to blood Alternate Representative of the United Affairs. cancer. States of America for Special Political Af- EC–4550. A communication from the Chair- By Mr. JEFFORDS, from the Committee fairs in the United Nations, with the rank of man of the Council of the District of Colum- on Environment and Public Works, without Ambassador. bia, transmitting, pursuant to law, a report By Mr. ROCKEFELLER for the Committee amendment: on D.C. Act 14–156 ‘‘Insurance Economic De- on Veterans’ Affairs. S. 1459: A bill to designate the Federal velopment Temporary Amendment Act of Frederico Juarbe, Jr., of Virginia, to be As- building and United States courthouse lo- 2001’’; to the Committee on Governmental sistant Secretary of Labor for Veterans’ Em- cated at 550 West Fort Street in Boise, Idaho, Affairs. ployment and Training. EC–4551. A communication from the Chair- as the ‘‘James A. McClure Federal Building By Mr. LEAHY for the Committee on the man of the Council of the District of Colum- and United States Courthouse’’. Judiciary. bia, transmitting, pursuant to law, a report By Mr. LEAHY, from the Committee on Terry L. Wooten, of South Carolina, to be on D.C. Act 14–152 ‘‘Closing of a Public Alley the Judiciary, without amendment: United States District Judge for the District in Square 2140, S.O. 99–228, Act of 2001’’; to S. 1630: A bill to extend for 6 additional of South Carolina. the Committee on Governmental Affairs. months the period for which chapter 12 of John P. Walters, of Michigan, to be Direc- EC–4552. A communication from the Chair- title 11, United States Code, is reenacted. tor of National Drug Control Policy. man of the Council of the District of Colum- By Mr. CONRAD, from the Committee on *Nomination was reported with rec- bia, transmitting, pursuant to law, a report the Budget, unfavorably, without amend- ommendation that it be confirmed sub- on D.C. Act 14–153 ‘‘Closing of a Portion of a ment: ject to the nominee’s commitment to Public Alley in Square 209, S.O. 2000–48, Act S.J. Res. 28: A joint resolution suspending certain provisions of law pursuant to section respond to requests to appear and tes- of 2001’’; to the Committee on Governmental tify before any duly constituted com- Affairs. 258(a)(2) of the Balanced Budget and Emer- EC–4553. A communication from the Regu- gency Deficit Control Act of 1985. mittee of the Senate. (Nominations without an asterisk lations Coordinator, Centers for Medicare f and Medicaid Services, Department of were reported with the recommenda- Health and Human Services, transmitting, EXECUTIVE REPORTS OF tion that they be confirmed.) pursuant to law, the report of a rule entitled COMMITTEES f ‘‘Medicare Program; Prospective Payment System for Hospital Outpatient Services: The following executive reports of INTRODUCTION OF BILLS AND Criteria for Establishing Additional Pass- committees were submitted: JOINT RESOLUTIONS Through Categories for Medical Devices’’ By Mr. LEVIN for the Committee on The following bills and joint resolu- (RIN0938–AK59) received on November 6, 2001; Armed Services. tions were introduced, read the first to the Committee on Finance. *Marvin R. Sambur, of Indiana, to be an and second times by unanimous con- EC–4554. A communication from the Regu- Assistant Secretary of the Air Force. lations Coordinator, Center for Medicare and *Mary L. Walker, of California, to be Gen- sent, and referred as indicated: Medicaid Services, Department of Health eral Counsel of the Department of the Air By Mr. SCHUMER (for himself and and Human Services, transmitting, pursuant Force. Mrs. CLINTON): to law, the report of a rule entitled ‘‘Medi- *Sandra L. Pack, of Maryland, to be an As- S. 1653. A bill to provide loan forgiveness care Program; Announcement of the Cal- sistant Secretary of the Army. to the surviving spouses of the victims of the endar Year 2002 Conversion Factor for the *Dale Klein, of Texas, to be Assistant to September 11, 2001, tragedies; to the Com- Hospital Outpatient Prospective Payment the Secretary of Defense for Nuclear and mittee on Health, Education, Labor, and System and a Pro Rata Reduction on Transi- Chemical and Biological Defense Programs. Pensions. tional Pass-Through Payments’’ (RIN0938– By Mr. WARNER for the Committee on By Mr. SESSIONS (for himself, Mr. AK54) received on November 6, 2001; to the Armed Services. SHELBY, and Mr. ENZI): S. 1654. A bill to amend the Education of Committee on Finance. *R.L. Brownlee, of Virginia, to be Under the Deaf Act of 1986 to authorize the Sec- EC–4555. A communication from the Regu- Secretary of the Army. retary of Education to establish the National lations Coordinator, Center for Medicare and By Mr. JEFFORDS for the Committee on Junior College for Deaf and Blind at the Ala- Medicaid Services, Department of Health Environment and Public Works. bama Institute for Deaf and Blind; to the and Human Services, transmitting, pursuant *William Baxter, of Tennessee, to be a Committee on Health, Education, Labor, and to law, the report of a rule entitled ‘‘Medi- Member of the Board of Directors of the Ten- Pensions. care Program; Revisions to Payment Poli- nessee Valley Authority for the term expir- By Mr. BIDEN: cies and Five-Year Review of and Adjust- ing May 18, 2011. ments to the Relative Value Units Under the S. 1655. A bill to amend title 18, United *William Baxter, of Tennessee, to be a States Code, to prohibit certain interstate Physician Fee Schedule for Calendar Year Member of the Board of Directors of the Ten- 2002’’ (RIN0938–AK57) received on November conduct relating to exotic animals; to the nessee Valley Authority for the remainder of Committee on the Judiciary. 7, 2001; to the Committee on Finance. the term expiring May 18, 2002. By Mr. FEINGOLD (for himself and Mr. f *Kimberly Terese Nelson, of Pennsylvania, HATCH): to be an Assistant Administrator of the En- REPORTS OF COMMITTEES S. 1656. A bill to provide for the improve- vironmental Protection Agency. ment of the processing of claims for veterans The following reports of committees *Steven A. Williams, of Kansas, to be Di- compensation and pension, and for other pur- were submitted: rector of the United States Fish and Wildlife poses; to the Committee on Veterans’ Af- By Mr. BYRD, from the Committee on Ap- Service. fairs. propriations: By Mr. BIDEN for the Committee on For- By Ms. SNOWE: Special Report entitled ‘‘Further Revised eign Relations. S. 1657. A Bill to deauthorize the project Allocation to Subcommittees of Budget To- *Eric M. Javits, of New York, for the rank for navigation, Tenants Harbor, Maine; to tals for Fiscal Year 2002’’ (Rept. No. 107–95). of Ambassador during his tenure of service the Committee on Environment and Public By Mr. LEAHY, from the Committee on as U.S. Representative to the Conference on Works. the Judiciary: Disarmament. By Mr. SCHUMER (for himself, Mr. Report to accompany S. 1319, a bill to au- *Sichan Siv, of Texas, to be Representative DEWINE, and Mr. HATCH): thorize appropriations for the Department of of the United States of America on the Eco- S. 1658. A bill to improve Federal criminal Justice for fiscal year 2002, and for other pur- nomic and Social Council of the United Na- penalties on false information and terrorist poses. (Rept. No. 107–96). tions, with the rank of Ambassador. hoaxes; to the Committee on the Judiciary.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11612 CONGRESSIONAL RECORD — SENATE November 8, 2001 By Mr. HUTCHINSON (for himself and Vajpayee, on the occasion of his visit to the additional months the period for which Mr. SESSIONS): United States, and to affirm that India is a chapter 12 of title 11, United States S. 1659. A bill to provide criminal penalties valued friend and partner and an important Code, is reenacted. for communicating false information and ally in the campaign against international S. 1633 hoaxes; to the Committee on the Judiciary. terrorism; considered and agreed to. By Mr. JEFFORDS (for himself and At the request of Ms. COLLINS, the f Mr. BREAUX): name of the Senator from Rhode Island S. 1660. A bill to amend title XVIII of the ADDITIONAL COSPONSORS (Mr. REED) was added as a cosponsor of Social Security Act to specify the update for S. 1633, a bill to amend the Cooperative payments under the medicare physician fee S. 455 Forestry Assistance Act of 1978 to es- schedule for 2002 and to direct the Medicare At the request of Ms. COLLINS, the tablish a program to provide assistance Payment Advisory Commission to conduct a name of the Senator from Delaware to States and nonprofit organizations study on replacing the use of the sustainable (Mr. CARPER) was added as a cosponsor to preserve suburban open space and growth rate as a factor in determining such of S. 455, a bill to amend the Internal contain suburban sprawl, and for other update in subsequent years ; to the Com- Revenue Code of 1986 to increase and mittee on Finance. purposes. By Mrs. FEINSTEIN (for herself and modify the exclusion relating to quali- S. 1643 Mr. KYL): fied small business stock and for other At the request of Mrs. MURRAY, the S. 1661. A bill to set up a certification sys- purposes. names of the Senator from Virginia tem for research facilities that possess dan- S. 986 (Mr. WARNER) and the Senator from gerous biological agents and toxins, and for At the request of Mr. GRASSLEY, the South Dakota (Mr. JOHNSON) were other purposes; to the Committee on the Ju- name of the Senator from North Caro- added as cosponsors of S. 1643, a bill to diciary. By Mr. HUTCHINSON: lina (Mr. EDWARDS) was added as a co- provide Federal reimbursement to S. 1662. A bill to amend the Internal Rev- sponsor of S. 986, a bill to allow media State and local governments for a lim- enue Code of 1986 to allow Coverdell edu- coverage of court proceedings. ited sales , use and retailers’ occupa- cational savings accounts to be used for S. 1214 tion tax holiday. homeschooling expenses; to the Committee At the request of Mr. HOLLINGS, the S.J. RES. 24 on Finance. name of the Senator from Louisiana At the request of Mr. SPECTER, the By Mrs. CLINTON: names of the Senator from Virginia S. 1663. A bill to amend title 4, United (Ms. LANDRIEU) was added as a cospon- (Mr. ALLEN) and the Senator from Mis- States Code, to add National Korean War sor of S. 1214, a bill to amend the Mer- Veterans Armistice Day to the list of days chant Marine Act, 1936, to establish a sissippi (Mr. COCHRAN) were added as on which the flag should especially be dis- program to ensure greater security for cosponsors of S.J. Res. 24, a joint reso- played; to the Committee on the Judiciary. United States seaports, and for other lution honoring Maureen Reagan on By Mr. FEINGOLD: purposes. the occasion of her death and express- S. 1664. A bill to require country of origin S. 1541 ing condolences to her family, includ- labeling of raw agricultural forms of ginseng, ing her husband Dennis Revell and her At the request of Ms. COLLINS, the and for other purposes; to the Committee on daughter Rita Revell. Health, Education, Labor, and Pensions. name of the Senator from Ohio (Mr. S. RES. 140 By Mr. BIDEN (for himself and Mr. VOINOVICH) was added as a cosponsor of At the request of Mr. ROBERTS, the HATCH): S. 1541, a bill to provide for a program S. 1665. A bill amend title 18, United States of temporary enhanced unemployment name of the Senator from Virginia (Mr. Code, with respect to false information re- benefits. WARNER) was added as a cosponsor of S. garding certain criminal violations con- Res. 140, a resolution designating the S. 1571 cerning hoax reports of biological, chemical, week beginning September 15, 2002, as and nuclear weapons; to the Committee on At the request of Mr. LUGAR, the ‘‘National Civic Participation Week.’’ the Judiciary. name of the Senator from Pennsyl- f By Mr. LEAHY: vania (Mr. SPECTER) was added as a co- S. 1666. A bill to prevent terrorist hoaxes sponsor of S. 1571, a bill to provide for STATEMENTS ON INTRODUCED and false reports; to the Committee on the the continuation of agricultural pro- BILLS AND JOINT RESOLUTIONS Judiciary. grams through fiscal year 2006. By Mr. DOMENICI: By Mr. BIDEN: S. 1667. A bill to ensure that nuclear en- S. 1615 S. 1655. A bill to amend title 18, ergy continues to contribute to the supply of At the request of Mr. SCHUMER, the United States Code, to prohibit certain electricity in the United States; to the Com- name of the Senator from Delaware interstate conduct relating to exotic mittee on Energy and Natural Resources. (Mr. BIDEN) was added as a cosponsor of animals; to the Committee on the Judi- By Mr. HOLLINGS: S. 1615, a bill to provide for the sharing ciary. S. 1668. A bill to amend the Communica- of certain foreign intelligence informa- Mr. BIDEN. Madam President, I rise tions Act of 1934 to strengthen the limita- today to introduce the Captive Exotic tions on the holding of any license, permit, tion with local law enforcement per- operating authority by a foreign government sonnel, and for other purposes. Animal Protection Act. This legisla- or any entity controlled by a foreign govern- S. 1621 tion was first introduced in the 104th Congress by former Senator Frank ment; to the Committee on Commerce, At the request of Mrs. CLINTON, the Science, and Transportation. name of the Senator from Ohio (Mr. Lautenberg and I am pleased to be here By Mr. HOLLINGS (for himself and Mr. today continuing his legacy. VOINOVICH) was added as a cosponsor of MCCAIN) (by request): The Captive Exotic Animal Protec- S. 1621, a bill to amend the Robert T. S. 1669. A bill to authorize appropriations tion Act would make it illegal to Stafford Disaster Relief and Emer- for hazardous material transportation safe- knowingly transfer, transport, or pos- gency Assistance Act to authorize the ty, and for other purposes; to the Committee sess in interstate commerce of foreign on Commerce, Science, and Transportation. President to carry out a program for commerce, a confined exotic mammal the protection of the health and safety f for the purposes of allowing the killing of community members, volunteers, or injuring of that animal for enter- SUBMISSION OF CONCURRENT AND and workers in a disaster area. SENATE RESOLUTIONS tainment or for the collection of a tro- S. 1627 phy. The bill protects exotic mammals The following concurrent resolutions At the request of Mr. DEWINE, his that have been held in captivity for the and Senate resolutions were read, and name was added as a cosponsor of S. shorter of a. the greater part of the referred (or acted upon), as indicated: 1627, a bill to enhance the security of animal’s life, or b. a period of one year, By Mr. BIDEN (for himself, Mr. HELMS, the international borders of the United whether or not the defendant knew the Mr. WELLSTONE, Mr. BROWNBACK, Mr. States. length of the captivity. This bill is in- SARBANES, Mr. TORRICELLI, Mr. S. 1630 tended to prevent the cruel and DASCHLE, Mr. ALLEN, Mr. DODD, and RASSLEY Mr. KERRY): At the request of Mr. G , the unsporting practice of what we have S. Con. Res. 81. A concurrent resolution ex- name of the Senator from South Caro- come to know as ‘‘canned hunts.’’ pressing the sense of Congress to welcome lina (Mr. THURMOND) was added as a co- Words cannot describe a ‘‘canned’’ the Prime Minister of India, Atal Bihari sponsor of S. 1630, a bill to extend for 6 hunt. The images that I have seen,

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11613 footage taken surreptitiously at these hunts. In addition, this legislation is While I am pleased that Secretary ranches, provides evidence that the supported by the Humane Society of Principi has acknowledged that im- treatment of these animals is trou- the United States, the Doris Day Ani- proving claims processing is a priority bling. Today, at more than 1,000 com- mal League, the Fund for Animals, and for the VA, nevertheless it is time for mercial canned hunt operations across the Animal Protection Institute. Congress to hold the Department of the country, trophy hunters pay a fee I want to say to my colleagues who Veterans Affairs accountable. Our vet- to shoot captive exotic animals, from may have questions about this legisla- erans are unable to wait for additional African lions to giraffes, blackbuck an- tion that the Captive Exotic Animal recommendations from more reports or telope, assorted African goats and Protection Act is limited in its scope task forces. It is time for Congress to sheep, a Corsican ram, or a boar, in and purpose and will not limit the li- hold the VA accountable. Our veterans fenced-in enclosures. The hunting of censed hunting of any native mammals deserve no less. these animals typically occurs in a or any native or exotic birds. The bill fenced enclosure and is often in a is directed at true ‘‘canned’’ hunts and By Mr. SCHUMER (for himself, ‘‘guaranteed kill’’ arrangement mean- covers only exotic mammals, or those Mr. DEWINE, and Mr. HATCH): S. 1658. A bill to improve Federal ing that a hunter by virtue of the fact not historically indigenous to the criminal penalties on false information that he has paid his fee is assured of a United States. Birds, native or non-na- and terrorist hoaxes; to the Committee kill. tive, and indigenous mammals, such as white tail deer and bears, are not cov- on the Judiciary. Now hunting is a sport and if you ask Mr. SCHUMER. Madam President, any of the hunters in my home State of ered by the bill. This legislation is a today Senator DEWINE and I are intro- federal remedy and proposed specifi- Delaware or elsewhere about this they ducing a bill that will address what has cally to deal with the purely commer- will tell you that there is an ethic of sadly become a very serious problem. cial interstate movement of exotic ani- hunting that involves consideration of Since September 11, the number of ter- mals destined to be killed at canned fair chase, affording the animal the op- rorist hoaxes has increased dramati- hunting ranches. portunity to evade or elude the hunter. cally. I hope you will join me in supporting Canned hunts, in fenced-in enclosures, The bill that we introduce today this legislation. weigh the odds so heavily in favor of would fill a gap in the law by explicitly the hunters that it essentially elimi- By Mr. FEINGOLD (for himself making the commission of a terrorist nates the fair chase component. In ad- and Mr. HATCH): hoax illegal and punishable by up to dition, these animals on hunting S. 1656. A bill to provide for the im- five years in jail. ranches are often fed by hand, in a provement of the processing of claims The last seven weeks have been dif- sense domesticated, and have little or for veterans compensation and pension, ficult for all Americans. By nature, we no fear of humans. They don’t run and for other purposes; to the Com- Americans are tough. But many of us, when they see a human being in front mittee on Veterans’ Affairs. myself included, are also a little more of them. This practice is unfair and un- Mr. FEINGOLD. Madam President, I anxious than usual. That is under- sportsmanlike. am proud today to introduce the Vet- standable. But what is not understand- But it is not just about the fact that erans Benefits Administration Im- able, in fact what is barely conceiv- this practice is inhumane, there are provement Act of 2001, a bill that aims able, is that some people think it is also other concerns. Clustered in a cap- to decrease the amount of time it takes funny to take advantage of that fear. tive setting at unusually high den- the Veterans Benefits Administration, Each terrorist hoax means a waste of sities, confined exotic animals often VBA, to process veterans’ claims. I am valuable law enforcement time and attract disease more readily than more pleased to be joined by the senior Sen- scarce resources. Our police officers and the FBI are widely dispersed native species who ator from Utah, Senator HATCH. He had already working around the clock to roam freely. These exotics then inter- long been a strong advocate for our act with native species through fences, catch and arrest everyone involved in veterans. the September 11 attack, to find the jeopardizing the health of deer, elk, In 1999, there were 309,000 backlogged perpetrators of the anthrax attacks, and other native species. Animal dis- claims at the VBA. Today, that num- and to prevent future attacks from ease places hunting programs and wild- ber stands at 533,000. It now takes an life watching programs, that generate taking place. average of 202 days to process dis- Wasting law enforcement’s time and millions of dollars in economic activ- ability compensation and pension resources by committing terrorist ity, at risk. claims. This figure is expected to grow hoaxes takes away from their ability While a number of States have taken to more than 270 days by 2002. Many of to protect us. So in many ways, com- action to prohibit the practice of the claims that are awaiting action mitting a terrorist hoax is an exten- canned hunts, California, Connecticut, have been filed by World War II and sion of terrorism itself. Georgia, Indiana, Maryland, Massachu- Korean War veterans; our World War II Beyond that, each terrorist hoax setts, Montana, Nevada, North Caro- veterans are dying at the rate of about mocks the loss of thousands of lives in lina, New Jersey, Oregon, Rhode Is- 1,500 a day. The VBA must take action the September 11 attack and the recent land, Washington, Wisconsin, and Wyo- to improve this dismal record. deaths from anthrax. ming have passed such statutes, that is I have traveled throughout Wisconsin In the first three weeks of October only a small segment of the country. and met with veterans. This problem is alone, the FBI has responded to more Unfortunately, the regulation of the consistently one of their top concerns. than 3,300 cases relating to weapons of transport and treatment of exotic ani- They are angry and frustrated, with mass destruction, including 2,500 mals on shooting preserves falls out- justification, about the amount of time threat assessments involving suspected side the traditional domains of State it takes for the VBA to process their anthrax incidents. Normally, they deal agriculture departments and State fish claims. In some instances, veterans are with 250 of these cases in an entire and games agencies. The Captive Ex- waiting well over a year. Telling the year. The last thing the FBI and the otic Animal Protection Act is specifi- men and women who served their coun- police have time for is a terrorist hoax. cally designed to address this problem, try in the armed forces that they ‘‘just Unfortunately, many of my fellow which directly involves an issue of have to wait’’ is wrong and unaccept- New Yorkers can attest to the fear and interstate commerce. able. the commitment of resources caused by This is sensible legislation that is The VBA Improvement Act will re- one of these terrorist hoaxes. backed by responsible hunters, animal quire the Secretary of Veterans Affairs In Nassau County, on October 16, a protection advocates, wildlife sci- to submit a comprehensive plan to Federal Express deliveryman placed a entists, environmentalists and zoolog- Congress for the improvement of the white powdery substance inside a com- ical professionals. The Boone and processing of claims for veterans com- puter package. That led to an under- Crockett Club and the Izaak Walton pensation and pension. In addition, standably frantic phone call. Seven of- League of America, nationally recog- every six months afterwards the Sec- ficers and three vehicles were dis- nized hunting clubs, have policy posi- retary must report to Congress about patched in response to this anthrax tions affirmatively opposing canned the status of the program. hoax.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11614 CONGRESSIONAL RECORD — SENATE November 8, 2001 On October 26, a Staten Island man Suprisingly, there is no existing Fed- that would create a new crime for sent a threatening letter in a powder- eral code that directly prohibits bio- hoaxes involving the purported use of a laced envelope to his girlfriend. logical, chemical, or nuclear weapon weapon of mass destruction. This bill An apparent hoax diverted a Dallas- hoaxes. Therefore, there is no Federal will prohibit any conduct that gives bound American Airlines flight from law that directly punishes the current the false impression that a biological, New York’s LaGuardia Airport to anthrax hoaxes. These acts waste chemical, or nuclear weapon may be Washington, DC’s Dulles Airport on Oc- scarce Federal resources, negatively af- used, when it is reasonable to assume tober 29 after a threatening note was fecting interstate commerce and na- that there will be an emergency re- found on board. The passengers and tional security interests. Yet, there is sponse. The required conduct may in- flight crew were all forced to evacuate no Federal law on the books to pros- volve the communication of informa- on the runway. The impact on the en- ecute these offenders. tion, whether in written or verbal tire airport’s operations were dis- In all likelihood, the current anthrax form, as well as physical actions. rupted, and the entire national air traf- hoaxes will be prosecuted under a pro- Under our bill, there is no legal burden fic control system had to deal with vision for ‘‘mailing threatening com- to identify a specific threat. For exam- this. munications’’ or threatening the ‘‘use ple, we would be able to prosecute On October 17, a 17-year-old brought of certain weapons of mass destruc- someone who mails an envelope of an envelope with the words ‘‘Death to tion,’’ 18 USC 876, 2332a. The problem white powder with a note that says, All Who Open This’’ to Kingston High with prosecuting the anthrax hoaxes ‘‘Smile, you have been exposed to an- School in the Hudson Valley. The enve- under these statutes is that they re- thrax.’’ lope contained white, powdery mate- quire the prosecutor to prove that the Furthermore, anyone convicted rial. According to school officials, ap- offender has crossed a threshold of under this bill would be responsible for proximately 3,000 students and staff threatening language. But what con- the reimbursement of expenses in- were held in lock-down for 90 minutes stitutes sufficiently threatening lan- curred in responding to a hoax, includ- while some 50 local police, fire, and guage? ing the cost of any response by any emergency response personnel assessed Unfortunately, not all of these hoax- Federal military or civilian agency to the situation. es meet this threshold. For example, protect public health or safety during Now more than ever, we need to send under current law, it is difficult to the course of an investigation. Con- a loud and clear message to the per- prosecute the acts of an eighth-grade victed cohorts also would share in fi- petrators of hoaxes of all kinds: Your science teacher in Ohio. This teacher nancial liability for such a hoax. behavior is wrong. It is disgusting. And placed powered lime in a school enve- The Ohio Department of Health, it is a serious crime. lope and attempted to mail it through alone, has spent more than $500,000 of The legislation that Senator DEWINE the postal system to her brother in an- the taxpayers’ money investigating and I are introducing today sends that other city. The envelope was found en false anthrax claims—a large percent- message. route at the school, before it could age of which were hoaxes. This bill Anyone convicted of committing a leave the building. The school was would discourage hoaxes, while helping hoax terrorist attack involving a fake evacuated, frightening hundreds of al- to alleviate the financial burden that explosive incendiary, biological, chem- ready shaken children and parents. these pranks and false reports are im- ical, or nuclear device, or falsely re- Emergency management teams wasted posing on our Federal, State, and local porting one of these attacks, will be valuable time and resources testing the government agencies. punished by a prison sentence of up to site. It is indeed shocking that some peo- Right now, this woman faces a State five years as well as stiff monetary ple want to capitalize on the recent charge of inducing panic. That is it; no fines. horrific acts of terrorism in order to In addition, anyone convicted of com- other charges are pending. There is no play a joke or intentionally cause mitting a terrorist hoax would be held clear Federal law on the books to pros- widespread panic, or worse, inflict responsible for reimbursement for all ecute her offense, because there was no physical harm. Unfortunately, this is expenses resulting from the hoax. threat. Had there been an actual inci- the reality we confront today. To deal This bill makes it clear that commit- dent where anthrax was released while with this threat, we need to give our ting a terrorist hoax is no laughing police and emergency crews were tied Federal Government the necessary matter. up looking into this hoax, who knows tools to prosecute those who would My hope is that by sending a strong how widespread the damage could have stage these hoaxes and disrupt the message today and in the weeks to been. Many people could have been in- sense of normalcy that we have all come, those who are thinking about fected in the time that it took emer- struggled to recover since September committing a terrorist hoax will think gency crews to clear up this ‘‘joke.’’ 11th. twice before diverting the police and So far, the U.S. Postal Service re- FBI from focusing all of their time and ports that it has evacuated over 353 By Mr. HUTCHINSON (for him- energy on protecting us from real postal facilities for varying amounts of self and Mr. SESSION): threats, and before another hoax puts time as a result of more than 8,600 S. 1659. A bill to provide criminal us on edge, yet again. hoaxes, threats, and suspicious inci- penalties for communicating false in- Mr. DEWINE. Madam President, I dents related to anthrax since just formation and hoaxes; to the Com- rise today to discuss a distressing prob- mid-October. That is an average of 578 mittee on the Judiciary. lem facing our citizens, our Nation’s a day for an agency used to dealing law enforcement officers, and our pub- with only a few hundred such calls a Mr. HUTCHINSON. Madam Presi- lic health officials. This problem is the year. In my home State of Ohio, alone, dent, I ask unanimous consent that a growing threat of bioterrorism and health officials have tested nearly 800 copy of the Terrorist Hoax Costs Re- other weapons of mass destruction— suspicious specimens from around the covery Act of 2001, which I am intro- both real and perceived. State, but have found no anthrax or ducing today be printed in the RECORD. The recent bioterrorist attacks af- other dangerous substances. A signifi- There being no objection, the bill was fecting the media, Congress, and the cant number of those reports appear to ordered to be printed in the RECORD, as U.S. Postal Service have spawned a have been hoaxes. On a national scale, follows: great number of anthrax hoaxes across the financial and physical strain im- S. 1659 the Nation. These hoaxes, aside from posed by hoaxes on our national law Be it enacted by the Senate and House of Rep- adding to the widespread public panic enforcement and public health systems resentatives of the United States of America in over terrorism, have created another have been enormous. In regard to our Congress assembled, serious problem: They are taxing our citizens, these pranks cause great SECTION 1. SHORT TITLE. already strained emergency manage- panic and are really acts of terrorism. This Act may be cited as the ‘‘Terrorist ment and public health resources, That is why, along with my col- Hoax Costs Recovery Act of 2001’’. which are vital to protect our national leagues, Senator SCHUMER and Ranking SEC. 2. FINDINGS. security. Member HATCH, I have introduced a bill Congress finds that—

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11615 (1) the expert resources available to the pox, and three dozen other of the most The purpose of the legislation is to Government to deal with Federal crimes in- dangerous biological agents and toxins. assure that law enforcement and public volving actual or potential chemical, bio- To date, 17 people have confirmed an- health officials know much more about logical, and nuclear weapons are limited; thrax infections, four of whom died who has these agents, where and how (2) false reporting of such crimes almost from inhalation anthrax. This toll, invariably requires the attention of Federal they are stored, and what is being done investigative, scientific, and public health though tragic, could have grown expo- with them. officers and employees, thereby needlessly nentially if the perpetrators had used a Right now, we do not have this infor- diverting them from work that is vital to the more sophisticated delivery system. mation. national security and dangerously impairing Despite anthrax’s and other agents’ Moreover, the bill will make it hard- the Government’s ability to deal with real potential for weaponization, our gov- er for terrorists to get access to these situations; ernment does not keep track of who agents by requiring background checks (3) recent episodes amply demonstrate that possesses them. No special certifi- and assuring that labs possessing these even isolated false reports can have a sub- cation is required to possess these stantial adverse effect on interstate and for- agents have adequately security safe- agents. Nor are background checks guards. eign commerce, causing needless worry or conducted on the laboratory personnel even panic in the general public, and encour- I can think of no legitimate reason aging copycat episodes; and who handle or have access to these why an ordinary person needs to pos- (4) a comprehensive prohibition on such agents. sess his or her personal cache of an- false reports is necessary to preserve scarce This situation must change. thrax, small pox, or ebola virus. and vital Federal resources, to avoid sub- The legislation I am introducing ex- According to the calculations of stantial adverse effects on interstate and for- pands upon the antiterrorism bill Con- some experts, biological weapons are eign commerce, and to protect the national gress passed and the President signed pound for pound potentially more le- security of the United States. just days ago. That bill prohibited an thal even than thermonuclear weapons. SEC. 3. PROHIBITION. individual from possessing anthrax or (a) PROHIBITION ON HOAXES.—Chapter 41 of For instance, a 1993 report by the other potential weapons of bioterror U.S. Congressional Office of Tech- title 18, United States Code, is amended by unless the individual could show legiti- adding after section 880 the following: nology Assessment estimated that be- mate purpose for holding the substance ‘‘§ 881. False information and hoaxes tween 130,000 and 3 million deaths once caught. This standard of ‘‘legiti- could follow the aerosolized release of ‘‘(a) CRIMINAL VIOLATION.—Whoever com- mate purpose;’ is not defined, and will municates information, knowing the infor- 100 keg of anthrax spores upwind of the mation to be false and under circumstances put the burden on courts and law en- Washington, DC area—lethally match- in which such information may reasonably forcement to determine what a ‘‘legiti- ing or exceeding that of a hydrogen be believed, concerning the existence of ac- mate purpose’’ is. bomb. The fact is that current law still does tivity which would constitute a violation of It is time to acknowledge that we section 175, 229, or 831 shall be fined under not adequately prevent individual pos- live in a world where the government this title or imprisoned not more than 5 session of these dangerous agents. years, or both. During a hearing in the Technology must take responsibility in protecting ‘‘(b) CIVIL PENALTY.—Whoever commu- and Terrorism Subcommittee of the the public from those who would mis- nicates information, knowing the informa- Judiciary Committee yesterday, it be- use these materials. No longer can we tion to be false, concerning the existence of stand by and let the balance tip to- activity which would constitute a violation came clear to those of us on the com- mittee that law enforcement does not wards free possession of dangerous, of section 175, 229, or 831 is liable to the even deadly, biological agents. United States for a civil penalty of the know who has anthrax, where it is I urge my colleagues to support this greater of $10,000 or the amount expended by stored, or what is being done with it. the United States incident to the investiga- When asked if domestic laboratories bill tion of such conduct, including the cost of were the source of the anthrax sent to By Mr. FEINGOLD: any response made by any Federal military ASCHLE’s office, the FBI wit- Senator D S. 1664. A bill to require country of or civilian agency to protect public health or ness said the FBI didn’t know. origin labeling of raw agricultural safety. When asked how many labs in the ‘‘(c) REIMBURSEMENT OF COSTS.— forms of ginseng, and for other pur- United States handle anthrax or are ‘‘(1) CONVICTED DEFENDANT.—The court, in poses; to the Committee on Health, capable of developing the highly re- imposing a sentence on a defendant who has Education, Labor, and Pensions. been convicted of an offense under sub- fined anthrax used in the Daschle let- Mr. FEINGOLD. Madam President, I section (a), shall order the defendant to re- ter, the FBI answered again that it did rise today to introduce legislation that imburse the United States for any expenses not know. incurred by the United States incident to the When asked how many labs in the addresses the increased amount of investigation of the commission by that per- United States handle anthrax or are smuggled and mis-labeled ginseng en- son of such offense, including the cost of any capable of devlopoing the highly re- tering this country. response made by any Federal military or ci- fined anthrax used in the Daschle let- This legislation is similar to a bill vilian agency to protect public health or that I introduced in the last Congress, safety. ter, the FBI answered again that it did not know. but is strengthened with a number of ‘‘(2) JOINTLY AND SEVERALLY LIABLE.—A provisions based on the suggestions person ordered to reimburse the United And the same goes for more than States for expenses under this subsection three dozen other dangerous agents from ginseng growers and the Ginseng shall be jointly and severally liable for such like small pox, ebola virus, and ricin. Board of Wisconsin. expenses with each other person, if any, who Under our legislation, no individual In addition to proposing a refined is ordered under this subsection to reimburse could possess any of these dangerous process of country-of-origin labeling the United States for those expenses.’’. agents, period. for ginseng products, my new legisla- (b) CONFORMING AMENDMENT.—The analysis Any medical or research lab wishing tion closes a loophole in the regula- of chapter 41 of title 18, United States Code, tions governing dietary supplements, is amended by adding after the item for sec- to possess or use these dangerous tion 880 the following: agents must first be certified by the where producers of products other than ‘‘881. False information and hoaxes.’’. United States Department of Health ginseng are currently advertising them and Human Services. as a type of ginseng. By Mrs. FEINSTEIN (for herself Individuals in those labs who handle In order to coordinate the efforts to and Mr. KYL): or who have access to these agents eliminate the practice of ginseng S. 1661. A bill to set up a certification must undergo background checks, and smuggling, this legislation also re- system for research facilities that pos- the labs themselves must institute quires the Department of Justice, EPA, sess dangerous biological agents and strict safety precautions. and other Federal agencies to coordi- toxins, and for other purposes; to the And every single research lab, med- nate their efforts to crack down on Committee on the Judiciary. ical office, or other entity wishing to smuggled ginseng, which often con- Mrs. FEINSTEIN. Madam President, possess any one of these 40 some agents tains pesticides that are banned for use I rise to introduce legislation, cospon- ruled dangerous by the CDC must dem- in the United States. sored by Senator KYL, to prohibit indi- onstrate to the Secretary a legitimate Chinese and Native American cul- viduals from possessing anthrax, small- purpose for that possession. tures have used ginseng for thousands

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11616 CONGRESSIONAL RECORD — SENATE November 8, 2001 of years for herbal and medicinal pur- example, some products claim to in- clear weapons; to the Committee on poses. clude a product known as ‘‘Siberian the Judiciary. In America, ginseng is experiencing a Ginseng,’’ which is actually Eleu Mr. BIDEN. Madam President, I rise newfound popularity, and I am proud therococcus, a bush that is a distinctly today to introduce the Protection to say that my home State of Wis- different product from ginseng. Against Terrorist Hoaxes Act of 2001. I consin is playing a central role in Ginseng is a root, not a bush, and am honored to have the ranking mem- ginseng’s resurgence. consumers have the right to know that ber of the Judiciary Committee, Sen- Wisconsin produces 97 percent of the when they reach for a high quality gin- ator HATCH, as an original co-sponsor ginseng grown in the United States, seng product, they are buying just of this legislation. This bill would and 85 percent of the country’s ginseng that—gingseng, not some ground up amend title 18 of the United States is grown in Marathon County. bush. Code to, for the first time, make it a The ginseng industry is a economic For the sake of ginseng farmers and Federal crime to knowingly make a boon to Marathon County, as well as an consumers, the U.S. Senate must crack hoax report, involving a biological, example of the high quality for which down on smuggled and mislabeled gin- chemical, nuclear weapon, or other Wisconsin’s agriculture industry is seng. weapon of mass destruction. Likewise, known. Without adequate labeling, con- it would make it a criminal offense to Wisconsin ginseng commands a pre- sumers have no way of knowing the knowingly send such a hoax weapon to mium price in world markets because most basic information about the gin- another. Since the unspeakable terrorist at- it is of the highest quality and because seng they purchase, where it was tacks of September 11, our nation has it has a lower pesticide and chemical grown, what quality or grade it is, or witnessed a mind-boggling number of content. whether it contains dangerous pes- anthrax hoax reports. This in turn has With a huge market for this high- ticides. triggered an equally large number of quality ginseng overseas, and growing My legislation proposes some com- reports of suspected biological agents. popularity for the ancient root here at mon sense steps to address two of the No part of the Nation has been spared, home, Wisconsin’s ginseng industry challenges facing the ginseng industry, and my home State of Delaware has should have a prosperous future ahead. and none of these proposals costs the had several hundred reports of possible Unfortunately, the outlook for gin- taxpayers a dime. biological agents. Just this week, the seng farmers is marred by a serious The first section requires mandatory FBI reported to Congress the stag- problem—smuggled and mislabed gin- country of origin labeling at the port gering statistic involving these bioter- seng. Wisconsin ginseng is considered of entry, to prevent the practice of rorism hoaxes and other reports of sus- so superior to ginseng grown abroad mixing foreign ginseng with domestic pected biological agents. Prior to Sep- that smugglers will go to great lengths ginseng. This would allow buyers of tember 11, the FBI had responded to to label ginseng grown in Canada or ginseng to more easily prevent foreign about 100 cases involving potential use Asia as ‘‘Wisconsin-grown.’’ companies from mixing foreign pro- of ‘‘weapons of mass destruction,’’ 67 of Here’s how the switch takes place: duced ginseng with ginseng produced in which involved alleged biological weap- Smugglers take Asian or Canadian- America. The country of origin label- ons. Since mid-September, however, growing ginseng and ship it to plants ing is a simple but effective way to en- that number has increased by 3,000 per- in China, allegedly to have the ginseng able consumers to make an informed cent! As of today, the FBI reported sorted into various grades. decision. that they have responded to 7,089 sus- Whle the sorting process is itself a le- This legislation also closes a loop- picious anthrax letters alone, 950 inci- gitimate part of distributing ginseng, hole in U.S. law that allows products dents involving other suspected weap- smugglers often use it as a ruse to other than ginseng to advertise them- ons of mass destruction, and an esti- switch Wisconsin ginseng with the selves as a type of ginseng. Under my mated 29,331 telephonic calls from the Asian or Canadian ginseng considered proposal, when a consumer purchases a public about suspicious packages. inferior by consumers. product labeled as containing ginseng, The good news is that most of these The smugglers know that while Chi- they will know what they are buying. reports were hoaxes, or reports made nese-grown ginseng has a retail of This legislation also requires the De- by well-meaning people whose sus- about $5–$6 per pound, while Wisconsin- partment of Justice, EPA, and other picions were raised. The bad news is grown ginseng is valued at roughly $16– Federal agencies to coordinate their ef- that any hoax reports were made in the $20 per pound. forts to crack down on smuggled gin- first place, triggering panic on the part To make matters even tougher for seng, which often contains pesticides of the public, and often forcing the Wisconsin’s ginseng farmers, there is that are banned for use in the United Federal, state, and local governments no accurate way of testing ginseng to States. The lax enforcement of smug- to waste valuable time and resources determine where it was grown, other gled ginseng also puts our producers on responding to them. In one particularly than testing for pesticides that are an unfair playing field. The mixing of egregious case, it has been reported legal in Canada and China but are superior Wisconsin ginseng with lower that an employee of the Connecticut banned in the United States. quality foreign ginseng root penalizes Department of Environmental Protec- And in some cases, smugglers can the grower and eliminates the incen- tion falsely reported to security that even find ways around the pesticide tive to provide the consumer with a su- he had found a yellowish-white powder tests. Last year, a ConsumerLab.com perior product. on his desk with the misspelled label study confirmed that much of the gin- We must give ginseng growers the ‘‘ANTHAX.’’ The employee, a 48-year- seng sold in the U.S. contained harmful support they deserve by implementing old solid waste management analyst, chemicals and metals, such as lead and these common sense reforms that also knew the material was not toxic, it arsenic. help consumers make informed choices was determined to be coffee creamer, That is because the majority of gin- about the ginseng that they consume. but persisted in the false account. 800 seng sold in the U.S originates from We must ensure when ginseng con- State employees were evacuated from countries with lower pesticide stand- sumers reach for a quality ginseng the building for 2 days while law en- ards, so it’s vitally important that con- product, such as Wisconsin grown gin- forcement officials tested the building, sumers know which ginseng is really seng, that they are getting the real at a cost of $1.5 million in lost workers’ grown in Wisconsin. thing, not a cheap imitation. time, another $40,000 in decontamina- Some domestic and foreign countries tion costs, and an undisclosed amount are also labeling certain products as By Mr. BIDEN (for himself and of money spent on rescue and law en- ginseng when they are in fact a dis- Mr. HATCH): forcement. The employee is being tinctly different product. Due to a S. 1665. A bill to amend title 18, charged in Federal court, not for the loophole in the regulations governing United States Code, with respect to hoax report, but for lying to Federal dietary supplements, products other false information regarding certain officials after the fact. than ginseng are currently advertising criminal violations concerning hoax re- Indeed, the Justice Department re- themselves as a type of ginseng. For ports of biological, chemical, and nu- ported to Congress this week that

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11617 there is a gap in the existing Federal and False Report Act of 2001. The bill What this bill provides, is a well tai- law regarding the prosecution of bio- would provide a new tool for law en- lored statute that deals specifically terrorism hoaxes. That is, while it is a forcement to deal with the problem of with the problem of biological, chem- crime to threaten to use, for example, serious hoaxes and malicious false re- ical, mass destruction, and nuclear anthrax as a weapon against another ports relating to the use of weapons of ‘‘hoaxes’’, that is, actions taken with person, it is not a crime to make a mass destruction, or biological, chem- the malicious intent to deceive the vic- hoax anthrax report. Accordingly, the ical, or nuclear weapons. These so- tim. For instance, it gives prosecutors Justice Department called upon Con- called ‘‘hoaxes’’ inflict both mental a means to distinguished between a gress this week to enact legislation and economic damage on victims. They person who is actually threatening to which specifically addresses hoaxes drain away scarce law enforcement re- use anthrax on a victim on one hand, which involve purported biological sub- sources from the investigation of real and a person who never intends to use stances, as well as chemical, nuclear terrorist activity. They interrupt vital it, but truly wants the victim or the and other weapons of mass destruction. communication facilities. Finally, they police to think they have done so, on We should answer that call and act feed a public fear that the vast major- the other. In the later case the statute now to give the law enforcement the ity of law abiding Americans are work- creates a new five year felony. tools they need to combat these des- ing hard to dispel. The bill requires that the defendant picable crimes. I introduced a bioter- Federal, State, and local law enforce- act ‘‘knowingly and maliciously,’’ so rorism bill, S. 3202, in the 106th Con- ment already have statutes which they that we do not federalize juvenile gress which contained an anti-hoax have been using aggressively to pros- pranks or the misguided though inno- provision. Had that bill been enacted ecute those who have taken advantage cent spreading of rumors. For instance, of these times to perpetrate hoaxes into law, Federal prosecutors would a local prosecutor in Chicago recently about anthrax contamination. Existing have the means to prosecute bioter- placed an envelope containing sugar on statutes create serious penalties for rorism hoaxes. The need for a Federal a colleague’s desk. He was administra- threats to use biological, chemical, or anti-hoax provision has never been tively punished by being forced to re- nuclear weapons, for sending any more clear than in the last several sign from his job. In Utah, a disabled threatening communication through miner was charged locally because he weeks. The Federal interest is indis- the mail, or for making a willful false putable, as States and localities are put sugar and Nesquik into a junk mail statement to federal authorities. envelope. In Anne Arundel County, simply not equipped with the expertise For example 18 U.S.C. §§ 175, 229, MD, two juveniles were arrested after or resources to evaluate and respond to 2332a, and 831 all have their own threat they placed powder in an envelope and these hoaxes. A comprehensive prohibi- provisions punishable by up to life im- did not even mail it, but it was found tion on such false reports is necessary prisonment. In addition, 18 U.S.C. § 876 by someone else and reported, engen- to preserve scarce and vital federal re- makes it a five year felony to mail a dering an unintended emergency re- sources. threatening communication of any sponse. In Ohio, a security guard Accordingly, as chairman of the Ju- type; and 18 U.S.C. § 1001 makes it a ‘‘super-glued’’ a telephone in a county diciary Subcommittee on Crime and five year felony to willfully make any Drugs, I introduce a bill today which false statement, or even willfully omit welfare building, and when the glue left contains both criminal provisions and a material fact in a matter under the a powdery residue it caused a anthrax civil penalties for the hoax reporting of jurisdiction of a federal agency. scare. In Williamsport, PA a firefighter bioterrorism incidents. My bill simply In a recent Subcommittee hearing of is being prosecuted locally on a felony says that if you knowingly engage in the Judiciary Committee, James T. Ca- charge for claiming that he received a conduct, such as deliberately sending ruso, the Deputy Assistant Director of letter containing white powder at his baking powder through the mail to the FBI’s Counter-terrorism Division, home. These types of incidents do not your Congressman or calling 911 to stated that there are at least 11 Fed- merit a lengthy term in Federal prison. falsely report the presence of anthrax eral hoax cases which have actually As the examples I have listed above in a public building, that is likely to been charged under existing statutes demonstrate, we have appropriately se- create the false impression concerning since September 11, 2001. Just last rious ways to deal with cases when the presence of anthrax, or other simi- week a Federal conviction was ob- Federal criminal prosecution is not lar things, that you have committed a tained in Oakland, California under 18 needed. Federal offense, punishable by up to 5 U.S.C. § 175, which carries a statutory Indeed, law enforcement agencies or years in jail. Moreover, such a person maximum penalty of life imprison- private companies of the conduct may be fined the greater of either ment, for an anthrax hoax which oc- ‘‘readiness testing’’ so that they will be $10,000 or the amount of money ex- curred back in January of 1999. Thus, able to deal with serious chemical or pended by the government to respond existing Federal statutes are already biological weapon threats. For in- to the false information. Finally, such being employed to prosecute these stance, three weeks ago a Kentucky a person may also be ordered to reim- cases when Federal prosecution is ap- sheriff conducted such a readiness drill burse the government if costs were in- propriate. In addition, numerous State by leaving an envelope filled with curred in responding to the false hoax. provisions are available and are being crushed aspirin on a desk at a county Let me be clear, this bill will not tar- used to prosecute these cases at the courthouse in order to test the re- get innocent mistakes or people who State and local level. sponse. Requiring a malicious mens rea make a report concerning a suspected Indeed, current Federal threat laws will ensure also that we do not crim- substance; it is aimed, rather, at delib- do not require that the defendant have inalize or chill this type of admirable erate hoax reports by those who know either the intent or present ability to proactive effort. In sum, malicious acts they are spreading false information. carry out a threat, which enables pros- deserve Federal felony prosecution; in- I have said many times on the floor ecutors to use such laws to prosecute nocent bad judgment and juvenile be- of this body that the terrorists win if these serious hoaxes. At the same ter- havior do not, and neither do laudable they succeed in sowing seeds of panic rorism hearing, Deputy Assistant Di- efforts by police and private actors to into our daily lives. We cannot and will rector Caruso made it clear that au- preserve readiness for biological or not let that happen. Similarly, we will thorities are able to prosecute even chemical attack. not let these hoaxers get away with ‘‘non-credible’’ threats under current Another provision in the bill would words and deeds which have the same Federal laws. However, while they provide for mandatory restitution to effect. carry high penalties, including a max- any victim of these crimes, including imum of life imprisonment, at the the costs of any and all government re- By Mr. LEAHY: same hearing James Reynolds, from sponse to the hoax. An earlier Adminis- S. 1666. A bill to prevent terrorist the Department of Justice’s Section on tration proposal, offered during the de- hoaxes and false reports; to the Com- Terrorism and Violent Crime, indi- bate over the terrorism bill, would mittee on the Judiciary. cated that these statutes can some- have limited such restitution to only Mr. LEAHY. Madam President, I rise times be awkward when applied in the the federal government. As we know all to introduce the Anti-Terrorist Hoax hoax context. too well from recent events, however,

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11618 CONGRESSIONAL RECORD — SENATE November 8, 2001 it is state and local authorities, along leaching mining technologies. In addi- TITLE I—SUPPORT FOR CONTINUED USE with private victims, who are often the tion, I intended that this initiative OF NUCLEAR ENERGY first responders and primary victims apply to low-cost environmental res- Subtitle A—Price-Anderson Amendments when these incidents occur. This bill toration that may be applied to sites Sec. 101. Short title. would provide a mechanism so that after completion of in-situ leaching op- Sec. 102. Indemnification authority. they too can be reimbursed for their erations. Finally, Sec. 127 was intended Sec. 103. Maximum assessment. Sec. 104. Department of Energy liability expenses. to fund competitively-selected dem- limit. For all of these reasons, I am pleased onstration projects with the domestic Sec. 105. Incidents outside the United to introduce this legislation and I urge uranium mining industry relating to States. its swift enactment into law. enhanced production with improved en- Sec. 106. Reports. I ask unanimous consent that the vironmental protection, restoration of Sec. 107. Inflation adjustment. text of the bill be printed in the well fields, and decommissioning and Sec. 108. Civil penalties. Sec. 109. Applicability. RECORD. decontamination activities. There being no objection, the bill was I believe that the intent and spirit of Subtitle B—Leadership of the Office of Nu- ordered to be printed in the RECORD, as clear Energy, Science, and Technology and Sec. 127 still have substantial merit. I the Office of Science follows: hope that we can provide incentives for Sec. 111. Assistant Secretaries. S. 1666 improved mining techniques and im- Subtitle C—Funding of Certain Department Be it enacted by the Senate and House of Rep- proved environmental restoration. of Energy Programs resentatives of the United States of America in However, Sec. 127 was subject to sub- Congress assembled, Sec. 121. Establishment of programs. stantial mis-interpretation, especially Sec. 122. Nuclear energy research initiative. SECTION 1. SHORT TITLE. among many people in the Navajo Na- Sec. 123. Nuclear energy plant optimization This Act may be cited as the ‘‘Anti Ter- tion in northwest New Mexico. It was program. rorist Hoax and False Report Act of 2001’’. claimed that this Section was directed Sec. 124. Uprating of nuclear plant oper- SEC. 2. HOAXES, FALSE REPORTS, AND RESTITU- toward helping a single company that ations. TION. Sec. 125. University programs. (a) IN GENERAL.—Chapter 41 of title 18, might use it to expand in-situ mining near the Navajo Nation’s borders. It Sec. 126. Prohibition of commercial sales of United States Code, is amended by inserting uranium and conversion held by after section 880 the following: was further claimed that such an ap- the Department of Energy until ‘‘§ 881. Terrorist Hoaxes and False Informa- proach might over a long period of 2006. tion time contaminate drinking water in Sec. 127. Maintenance of a viable domestic ‘‘(a) IN GENERAL.—Whoever knowingly and the area. uranium conversion industry. maliciously imparts, conveys, or commu- At no time was my bill intended to Sec. 128. Portsmouth gaseous diffusion nicates information or material, knowing help any specific company. At no time plant. the information or material to be false or did we intend anything other than im- Sec. 129. Nuclear generation report. fraudulent, and under circumstances in proving environmental restoration and TITLE II—CONSTRUCTION OF NUCLEAR which such information or material may rea- PLANTS sonably be believed and is reasonably likely giving some hope to the domestic ura- nium industry that it might find an en- Sec. 201. Establishment of programs. to cause any response by a Federal, State, or Sec. 202. Nuclear plant completion initia- local government agency, concerning the ex- vironmentally sound way to produce tive. istence of activity that would constitute a more domestic product. Sec. 203. Early site permit demonstration violation of section 175, 229, 2332a, or 831 of However, after discussing this issue program. this title, shall be fined under this title or with the president of the Navajo Na- Sec. 204. Nuclear energy technology study imprisoned not more than 5 years, or both. tion and other members of the nation, for Generation IV Reactors. ‘‘(b) RESTITUTION.—Notwithstanding and in I have decided that the best course, in Sec. 205. Research supporting regulatory addition to sections 3663, or 3663A of this order to put to rest all of the concerns processes for new reactor tech- title and any other civil or criminal penalty nologies and designs. authorized by law, the court shall order— expressed, is to simply strike Section 127 from my bill. I should add that TITLE III—EVALUATIONS OF NUCLEAR ‘‘(1) restitution to all victims of an offense ENERGY under subsection (a), including any losses some members of the Navajo Nation suffered by a victim as a proximate result of supported Section 127; but, the clear Sec. 301. Environmentally preferable pur- the offense; and chasing. message from my friends on the Navajo Sec. 302. Emission-free control measures ‘‘(2) the defendant to reimburse all Fed- Nation is that they would prefer, in under a State implementation eral, State, and local government, entities order to avoid any confusion, that I de- plan. for any expenses incurred in response to the Sec. 303. Prohibition of discrimination offense to protect public health or safety.’’. lete Section 127 from my bill. against emission-free elec- (b) CHAPTER ANALYSIS.—The chapter anal- Thus, the modified Act that I intro- tricity projects in international ysis for chapter 41 of title 18, United States duce today is identical to S. 471, with development programs. Code, is amended by inserting at the end the the exception that I have deleted en- following: tirely Section 127, relating to special TITLE IV—DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY ‘‘881. Terrorist hoaxes and false informa- demonstration projects. I talked to the tion.’’. president of the Navajo Nation this Sec. 401. Findings. Sec. 402. Office of spent nuclear fuel re- afternoon and he thanked me for this search. By Mr. DOMENICI: action. S. 1667. A bill to ensure that nuclear Sec. 403. Advanced fuel recycling technology Madam President, I ask unanimous development program. energy continues to contribute to the consent that the text of the bill be supply of electricity in the United TITLE V—NATIONAL ACCELERATOR SITE printed in the RECORD. States; to the Committee on Energy Sec. 501. Findings. There being no objection, the bill was and Natural Resources. Sec. 502. Definitions. ordered to be printed in the RECORD, as Sec. 503. Advanced Accelerator Applications Mr. DOMENICI. Madam President, I follows: Program. rise to introduce a modified version of S. 1667 TITLE VI—NUCLEAR REGULATORY my Nuclear Energy Electricity Supply COMMISSION REFORM Be it enacted by the Senate and House of Rep- Assurance Act of 2001. When I first in- Sec. 601. Definitions. troduced this measure, S. 472, it con- resentatives of the United States of America in Congress assembled, Sec. 602. Office location. tained a provision known as Section Sec. 603. License period. 127, relating to special demonstration SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 604. Elimination of foreign ownership projects for the uranium mining indus- (a) SHORT TITLE.—This Act may be cited as restrictions. the ‘‘Nuclear Energy Electricity Supply As- Sec. 605. Elimination of duplicative anti- try. surance Act of 2001’’. This section was intended to create trust review. (b) TABLE OF CONTENTS.—The table of con- Sec. 606. Gift acceptance authority. cooperative, cost-shared, agreements tents of this Act is as follows: Sec. 607. Authority over former licensees for between the Department of Energy and Sec. 1. Short title; table of contents. decommissioning funding. the domestic uranium industry to iden- Sec. 2. Findings. Sec. 608. Carrying of firearms by licensee tify, test, and develop improved in-situ Sec. 3. Definitions. employees.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0655 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11619 Sec. 609. Cost recovery from Government (B) continued research on repositories, and nuclear incident, including such legal costs agencies. on approaches to mitigate the toxicity of of the contractor as are approved by the Sec- Sec. 610. Hearing procedures. materials entering any future repository, retary.’’. Sec. 611. Unauthorized introduction of dan- would serve that public interest; and (b) CONTRACT AMENDMENTS.—Section 170d. gerous weapons. (12)(A) the Nuclear Regulatory Commission of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 612. Sabotage of nuclear facilities or must continue its stewardship of the safety 2210(d)) is amended by striking paragraph (3) fuel. of our nuclear industry; and inserting the following: Sec. 613. Nuclear decommissioning obliga- (B) at the same time, the Commission ‘‘(3) CONTRACT AMENDMENTS.—All agree- tions of nonlicensees. must streamline processes wherever possible ments of indemnification under which the Sec. 614. Effective date. to provide timely responses to a wide range Department of Energy (or its predecessor SEC. 2. FINDINGS. of safety, upgrade, and licensing issues; agencies) may be required to indemnify any Congress finds that— (C) the Commission should conduct re- person, shall be deemed to be amended, on (1) the standard of living for citizens of the search on new reactor technologies to sup- the date of enactment of the Price-Anderson United States is linked to the availability of port future regulatory decisions; and Amendments Act of 2001, to reflect the reliable, low-cost, energy supplies; (D) a revision of certain Commission proce- amount of indemnity for public liability and (2) personal use patterns, manufacturing dures would assist in more timely processing any applicable financial protection required processes, and advanced cyber information of license applications and other requests for of the contractor under this subsection on all fuel increases in the demand for elec- regulatory action. that date.’’. tricity; SEC. 3. DEFINITIONS. SEC. 105. INCIDENTS OUTSIDE THE UNITED (3) demand-side management, while impor- In this Act: STATES. tant, is not likely to halt the increase in en- (1) COMMISSION.—The term ‘‘Commission’’ (a) AMOUNT OF INDEMNIFICATION.—Section ergy demand; means the Nuclear Regulatory Commission. 170d.(5) of the Atomic Energy Act of 1954 (42 (4)(A) nuclear power is the largest producer (2) EARLY SITE PERMIT.—The term ‘‘Early U.S.C. 2210(d)(5)) is amended by striking of essentially emission-free electricity; Site Permit’’ means a permit for a site to be ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. (B) nuclear energy is one of the few energy a future location for a nuclear plant under (b) LIABILITY LIMIT.—Section 170e.(4) of the sources that controls all pollutants; subpart A of part 52 of title 10, Code of Fed- Atomic Energy Act of 1954 (42 U.S.C. (C) nuclear plants are demonstrating excel- eral Regulations. 2210(e)(4)) is amended by striking lent reliability as the plants produce power (3) NUCLEAR PLANT.—The term ‘‘nuclear ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. at low cost with a superb safety record; and plant’’ means a nuclear energy facility that SEC. 106. REPORTS. (D) the generation costs of nuclear power generates electricity. Section 170p. of the Atomic Energy Act of are not subject to price fluctuations of fossil (4) SECRETARY.—The term ‘‘Secretary’’ 1954 (42 U.S.C. 2210(p)) is amended by striking fuels because nuclear fuels can be mined do- means the Secretary of Energy. ‘‘August 1, 1998’’ and inserting ‘‘August 1, mestically or purchased from reliable trad- TITLE I—SUPPORT FOR CONTINUED USE 2008’’. ing partners; OF NUCLEAR ENERGY SEC. 107. INFLATION ADJUSTMENT. Section 170t. of the Atomic Energy Act of (5) requirements for new highly reliable Subtitle A—Price-Anderson Amendments baseload generation capacity coupled with 1954 (42 U.S.C. 2210(t)) is amended— increasing environmental concerns and lim- SEC. 101. SHORT TITLE. (1) by designating paragraph (2) as para- ited long-term availability of fossil fuels re- This subtitle may be cited as the ‘‘Price- graph (3); and quire that the United States preserve the nu- Anderson Amendments Act of 2001’’. (2) by adding after paragraph (1) the fol- clear energy option into the future; SEC. 102. INDEMNIFICATION AUTHORITY. lowing: (6) to ensure the reliability of electricity (a) INDEMNIFICATION OF NUCLEAR REGU- ‘‘(2) ADJUSTMENT.—The Secretary shall ad- supply and delivery, the United States needs LATORY COMMISSION LICENSEES.—Section just the amount of indemnification provided programs to encourage the extended or more 170c. of the Atomic Energy Act of 1954 (42 under an agreement of indemnification efficient operation of currently existing nu- U.S.C. 2210(c)) is amended— under subsection d. not less than once during clear plants and the construction of new nu- (1) in the subsection heading, by striking each 5-year period following the date of en- clear plants; ‘‘LICENSES’’ and inserting ‘‘LICENSEES’’; and actment of the Price-Anderson Amendments (7) a qualified workforce is a prerequisite (2) by striking ‘‘August 1, 2002’’ each place Act of 2001, in accordance with the aggregate to continued safe operation of— it appears and inserting ‘‘August 1, 2012’’. percentage change in the Consumer Price (A) nuclear plants; (b) INDEMNIFICATION OF DEPARTMENT OF EN- Index since— (B) the nuclear navy; ERGY CONTRACTORS.—Section 170d.(1)(A) of ‘‘(A) that date of enactment, in the case of (C) programs dealing with high-level or the Atomic Energy Act of 1954 (42 U.S.C. the first adjustment under this subsection; low-level waste from civilian or defense fa- 2210(d)(1)(A)) is amended by striking ‘‘, until or cilities; and August 1, 2002,’’. ‘‘(B) the previous adjustment under this (D) research and medical uses of nuclear (c) INDEMNIFICATION OF NONPROFIT EDU- subsection.’’. technologies; CATIONAL INSTITUTIONS.—Section 170k. of the SEC. 108. CIVIL PENALTIES. (8) uncertainty surrounding the costs asso- Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) (a) REPEAL OF AUTOMATIC REMISSION.—Sec- ciated with regulatory approval for siting, is amended by striking ‘‘August 1, 2002’’ each tion 234Ab.(2) of the Atomic Energy Act of constructing, and operating nuclear plants place it appears and inserting ‘‘August 1, 1954 (42 U.S.C. 2282a(b)(2)) is amended by confuses the economics for new plant invest- 2012’’. striking the last sentence. ments; SEC. 103. MAXIMUM ASSESSMENT. (b) LIMITATION FOR NONPROFIT INSTITU- (9) to ensure the long-term reliability of Section 170b.(1) of the Atomic Energy Act TIONS.—Section 234A of the Atomic Energy supplies of nuclear fuel, the United States of 1954 (42 U.S.C. 2210(b)(1)) is amended in the Act of 1954 (42 U.S.C. 2282a) is amended by must ensure that the domestic uranium min- second proviso of the third sentence by strik- striking subsection d. and inserting the fol- ing, conversion, and enrichment service in- ing ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. lowing: dustries remain viable; SEC. 104. DEPARTMENT OF ENERGY LIABILITY ‘‘d. Notwithstanding subsection a., no con- (10)(A) technology developed in the United LIMIT. tractor, subcontractor, or supplier of the De- States and worldwide, broadly labeled as the (a) AGGREGATE LIABILITY LIMIT.—Section partment of Energy that is an organization Generation IV Reactor, is demonstrating 170d. of the Atomic Energy Act of 1954 (42 described in section 501(c)(3) of the Internal that new designs of nuclear reactors are fea- U.S.C. 2210(d)) is amended by striking para- Revenue Code of 1986 that is exempt from sible; graph (2) and inserting the following: taxation under section 501(a) of the Code (B) plants using the new designs would ‘‘(2) LIABILITY LIMIT.—In an agreement of shall be subject to a civil penalty under this have improved safety, minimized prolifera- indemnification entered into under para- section in any fiscal year in excess of the tion risks, reduced spent fuel, and much graph (1), the Secretary— amount of any performance fee paid by the lower costs; and ‘‘(A) may require the contractor to provide Secretary during that fiscal year to the con- (C)(i) the nuclear facility infrastructure and maintain the financial protection of tractor, subcontractor, or supplier under the needed to conduct nuclear energy research such a type and in such amounts as the Sec- contract under which a violation occurs.’’. and development in the United States has retary shall determine to be appropriate to SEC. 109. APPLICABILITY. been allowed to erode over the past decade; cover public liability arising out of or in (a) INDEMNIFICATION PROVISIONS.—The and connection with the contractual activity; amendments made by sections 103, 104, and (ii) that infrastructure must be restored to and 105 do not apply to a nuclear incident that support development of Generation IV nu- ‘‘(B) shall indemnify the persons indem- occurs before the date of enactment of this clear energy systems; nified against such claims above the amount Act. (11)(A) to ensure the long-term viability of of the financial protection required, in the (b) CIVIL PENALTY PROVISIONS.—The nuclear power, the public must be confident amount of $10,000,000,000 (subject to adjust- amendments made by section 108(b) do not that final waste forms resulting from spent ment for inflation under subsection t.), in apply to a violation that occurs under a con- fuel are controlled so as to have negligible the aggregate, for all persons indemnified in tract entered into before the date of enact- impact on the environment; and connection with the contract and for each ment of this Act.

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Subtitle B—Leadership of the Office of Nu- SEC. 124. UPRATING OF NUCLEAR PLANT OPER- ‘‘(2) SALE OF URANIUM HEXAFLUORIDE.— clear Energy, Science, and Technology and ATIONS. ‘‘(A) IN GENERAL.—The Secretary shall— the Office of Science (a) IN GENERAL.—The Secretary, to the ex- ‘‘(i) sell and receive payment for the ura- tent funds are available, shall reimburse SEC. 111. ASSISTANT SECRETARIES. nium hexafluoride transferred to the Sec- costs incurred by a licensee of a nuclear (a) IN GENERAL.—Section 203(a) of the De- retary under paragraph (1); and plant as provided in this section. partment of Energy Organization Act (42 ‘‘(ii) refrain from sales of its surplus nat- (b) PAYMENT OF COMMISSION USER FEES.— ural uranium and conversion services U.S.C. 7133(a)) is amended in the matter pre- In carrying out subsection (a), the Secretary ceding paragraph (1) by striking ‘‘eight’’ and through 2006 (except sales or transfers to the shall reimburse all user fees incurred by a li- Tennessee Valley Authority in relation to inserting ‘‘ten’’. censee of a nuclear plant for obtaining the (b) FUNCTIONS.—On appointment of the 2 the Department’s HEU or Tritium programs, approval of the Commission to achieve a per- additional Assistant Secretaries of Energy minor quantities associated with site clean- manent increase in the rated electricity ca- under the amendment made by subsection up projects, or the Department of Energy re- pacity of the licensee’s nuclear plant if the (a), the Secretary shall assign— search reactor sales program). licensee achieves the increased capacity be- ‘‘(B) REQUIREMENTS.—Under subparagraph (1) to one of the Assistant Secretaries, the fore December 31, 2004. (A)(i), uranium hexafluoride shall be sold— functions performed by the Director of the (c) PREFERENCE.—Preference shall be given Office of Science as of the date of enactment by the Secretary to projects in which a sin- ‘‘(i) in 1995 and 1996 to the Russian Execu- of this Act; and gle uprating operation can benefit multiple tive Agent at the purchase price for use in (2) to the other, the functions performed by domestic nuclear power reactors. matched sales pursuant to the Suspension the Director of the Office of Nuclear Energy, (d) INCENTIVE PAYMENTS.— Agreement; or Science, and Technology as of that date. (1) IN GENERAL.—In addition to payments ‘‘(ii) in 2006 for consumption by end users Subtitle C—Funding of Certain Department made under subsection (a), the Secretary in the United States not before January 1, of Energy Programs shall offer an incentive payment equal to 10 2007, and in subsequent years, in volumes not to exceed 3,000,000 pounds U O equivalent SEC. 121. ESTABLISHMENT OF PROGRAMS. percent of the capital improvement cost re- 3 8 per year.’’. The Secretary shall establish or continue sulting in a permanent increase of at least 5 programs administered by the Office of Nu- percent in the rated electricity capacity of SEC. 127. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION INDUSTRY. clear Energy, Science, and Technology to— the licensee’s nuclear plant if the licensee (a) IN GENERAL.—For Department of En- (1) support the Nuclear Energy Research achieves the increased capacity rating before December 31, 2004. ergy expenses necessary in providing to Initiative, the Nuclear Energy Plant Optimi- Converdyn Incorporated a payment for losses zation Program, and the Nuclear Energy (2) LIMITATION.—No incentive payment under paragraph (1) associated with any sin- associated with providing conversion serv- Technology Program; ices for the production of low-enriched ura- (2) encourage investments to increase the gle nuclear unit shall exceed $1,000,000. (e) AUTHORIZATION OF APPROPRIATIONS.— nium (excluding imports related to actions electricity capacity at commercial nuclear taken under the United States/Russia HEU plants in existence on the date of enactment There is authorized to be appropriated to carry out this section $15,000,000 for each of Agreement), there is authorized to be appro- of this Act; priated $8,000,000 for each of fiscal years 2002, (3) ensure continued viability of a domestic fiscal years 2002 and 2003. SEC. 125. UNIVERSITY PROGRAMS. 2003, and 2004. capability for uranium mining, conversion, (b) RATE.—The payment shall be at a rate, (a) IN GENERAL.—The Secretary may, as and enrichment industries; and determined by the Secretary, that— (4) support university nuclear engineering provided in this section, provide grants and other forms of payment to further the na- (1)(A) is based on the difference between education research and infrastructure pro- Converdyn’s costs and its sale price for pro- grams, including closely related specialties tional goal of producing well-educated grad- uates in nuclear engineering and closely re- viding conversion services for the production such as health physics, actinide chemistry, of low-enriched uranium fuel; but and material sciences. lated specialties that support nuclear energy programs such as health physics, actinide (B) does not exceed the amount appro- SEC. 122. NUCLEAR ENERGY RESEARCH INITIA- priated under subsection (a); and TIVE. chemistry, and material sciences. (b) SUPPORT FOR UNIVERSITY RESEARCH RE- (2) shall be based contingent on submission (a) AUTHORIZATION OF APPROPRIATIONS.— ACTORS.—The Secretary may provide grants to the Secretary of a financial statement There are authorized to be appropriated to satisfactory to the Secretary that is cer- the Secretary, for a Nuclear Energy Re- and other forms of payments for plant up- grading to universities in the United States tified by an independent auditor for each search Initiative to be managed by the Di- that operate and maintain nuclear research year. rector of the Office of Nuclear Energy, reactors. (c) TIMING.—A payment under subsection Science, and Technology for grants to be (c) SUPPORT FOR UNIVERSITY RESEARCH AND (a) shall be provided as soon as practicable competitively awarded and subject to peer DEVELOPMENT.—The Secretary may provide after receipt and verification of the financial review for research relating to nuclear en- grants and other forms of payment for re- statement submitted under subsection (b). ergy— search and development work by faculty, SEC. 128. PORTSMOUTH GASEOUS DIFFUSION (1) $60,000,000 for fiscal year 2002; and staff, and students associated with nuclear PLANT. (2) such sums as are necessary for fiscal engineering programs and closely related (a) IN GENERAL.—The Secretary may pro- years 2003 through 2006. specialties at universities in the United ceed with actions required to place the (b) REPORTS.—The Secretary shall submit States. Portsmouth gaseous diffusion plant into cold to the Committee on Science and the Com- (d) SUPPORT FOR NUCLEAR ENGINEERING standby condition for a period of 5 years. mittee on Appropriations of the House of STUDENTS AND FACULTY.—The Secretary may (b) PLANT CONDITION.—In the cold standby Representatives, and to the Committee on provide fellowships, scholarships, and other condition, the plant shall be in a condition Energy and Natural Resources and the Com- support to students and to departments of that— mittee on Appropriations of the Senate an nuclear engineering and closely related spe- (1) would allow its restart, for production annual report on the activities of the Nu- cialties at universities in the United States. of 3,000,000 separative work units per year, to clear Energy Research Initiative. (e) AUTHORIZATION OF APPROPRIATIONS.— meet domestic demand for enrichment serv- SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZA- There are authorized to be appropriated to ices; and TION PROGRAM. carry out this section— (2) will facilitate the future decontamina- (a) AUTHORIZATION OF APPROPRIATIONS.— (1) $34,200,000 for fiscal year 2002, of which— tion and decommissioning of the plant. There are authorized to be appropriated to (A) $13,000,000 shall be available to carry (c) AUTHORIZATION OF APPROPRIATIONS.— the Secretary for a Nuclear Energy Plant out subsection (b); There is authorized to be appropriated to Optimization Program to be managed by the (B) $10,200,000 shall be available to carry carry out this section— Director of the Office of Nuclear Energy, out subsection (c) of which not less than (1) $36,000,000 for fiscal year 2002; and Science, and Technology for a joint program $2,000,000 shall be available to support health (2) such sums as are necessary for fiscal with industry cost-shared by at least 50 per- physics programs; and years 2003, 2004, and 2005. cent and subject to annual review by the (C) $11,000,000 shall be available to carry SEC. 129. NUCLEAR GENERATION REPORT. Secretary of Energy’s Nuclear Energy Re- out subsection (d) of which not less than (a) IN GENERAL.—Not later than 180 days search Advisory Committee— $2,000,000 shall be available to support health after the date of enactment of this Act, the (1) $15,000,000 for fiscal year 2002; and physics programs; and Commission shall submit to Congress a re- (2) such sums as are necessary for fiscal (2) such sums as are necessary for subse- port on the state of nuclear power genera- years 2003 through 2006. quent fiscal years. tion in the United States. EPORTS ONTENTS (b) R .—The Secretary shall submit SEC. 126. PROHIBITION OF COMMERCIAL SALES (b) C .—The report shall— to the Committee on Science and the Com- OF URANIUM AND CONVERSION (1) provide current and historical detail re- mittee on Appropriations of the House of HELD BY THE DEPARTMENT OF EN- garding— Representatives, and to the Committee on ERGY UNTIL 2006. (A) the number of commercial nuclear Energy and Natural Resources and the Com- Section 3112(b) of the USEC Privatization plants and the amount of electricity gen- mittee on Appropriations of the Senate an Act (42 U.S.C. 2297h–10(b)) is amended by erated; and annual report on the activities of the Nu- striking paragraph (2) and inserting the fol- (B) the safety record of commercial nu- clear Energy Plant Optimization Program. lowing: clear plants;

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11621 (2) review the status of the relicensing (B) Time to completion. (5) The support of regional and State offi- process for commercial nuclear plants, in- (C) Economic and technical viability for cials. cluding— completion of the nuclear plant. (6) The need for new electricity supply in (A) current and anticipated applications; (D) Financial capability of the offeror. the vicinity of the site, or proximity to suit- and (E) Extent of support from regional and able transmission lines. (B) for each current and anticipated appli- State officials. (7) Lowest cost to the Government. cation— (F) Experience and past performance of the (e) COOPERATIVE AGREEMENTS.—The Sec- (i) the anticipated length of time for a li- members of the offeror in siting, con- retary may enter into cooperative agree- cense renewal application to be processed; structing, or operating nuclear generating ments with up to 3 offerors selected through and facilities. the competitive process to pay not more (ii) the current and anticipated costs of (G) Lowest cost to the Government. than 1⁄2 of the costs incurred by the parties each license renewal; (2) REGIONAL AND STATE SUPPORT.—No pro- to the agreements for— (3) assess the capability of the Commission posal shall be accepted without endorsement (1) preparation of an application to the to evaluate licenses for new advanced reac- by the State Governor and by the elected Commission for an Early Site Permit for the tor designs and discuss the confirmatory and governing bodies of— site; and anticipatory research activities needed to (A) each political subdivision in which the (2) review of the application by the Com- support that capability; nuclear plant is located; and mission. (f) AUTHORIZATION OF APPROPRIATIONS.— (4) detail the efforts of the Commission to (B) each other political subdivision that There is authorized to be appropriated to prepare for potential new commercial nu- the Secretary determines has a substantial carry out this section $15,000,000 for each of clear plants, including evaluation of any new interest in the completion of the nuclear fiscal years 2002 and 2003, to remain available plant design and the licensing process for nu- plant. until expended. clear plants; (f) REPORT TO CONGRESS.— SEC. 204. NUCLEAR ENERGY TECHNOLOGY (5) state the anticipated length of time for (1) IN GENERAL.—Not later than June 1, 2002, the Secretary shall submit to Congress STUDY FOR GENERATION IV REAC- a new plant license to be processed and the TORS. anticipated cost of such a process; and a report describing the reactors identified for completion under subsection (e). (a) IN GENERAL.—The Secretary shall con- (6) include recommendations for improve- duct a study of Generation IV nuclear energy ments in each of the processes reviewed. (2) CONTENTS.—The report shall— (A) detail the findings under each of the systems, including development of a tech- TITLE II—CONSTRUCTION OF NUCLEAR criteria specified in subsection (e); and nology roadmap and performance of research PLANTS (B) include recommendations for action by and development necessary to make an in- formed technical decision regarding the SEC. 201. ESTABLISHMENT OF PROGRAMS. Congress to authorize actions that may be most promising candidates for commercial (a) SECRETARY.—The Secretary shall estab- initiated in fiscal year 2003 to expedite com- deployment. lish a program within the Office of Nuclear pletion of the reactors. Energy, Science, and Technology to— (b) UPGRADES AND ADDITIONS.—The Sec- (3) CONSIDERATIONS.—In making rec- retary may make upgrades or additions to (1) demonstrate the Nuclear Regulatory ommendations under paragraph (2)(B), the Commission Early Site Permit process; the nuclear energy research facility infra- Secretary shall consider— structure as needed to carry out the study (2) evaluate opportunities for completion (A) the advisability of authorizing pay- of partially constructed nuclear plants; and under subsection (a). ment by the Government of Commission user (c) REACTOR CHARACTERISTICS.—To the ex- (3) develop a report assessing opportunities fees (including consideration of the esti- tent practicable, in conducting the study for Generation IV reactors. mated cost to the Government of paying under subsection (a), the Secretary shall (b) COMMISSION.—The Commission shall de- such fees); and study nuclear energy systems that offer the velop a research program to support regu- (B) other appropriate considerations. highest probability of achieving the goals for latory actions relating to new nuclear plant (g) AUTHORIZATION OF APPROPRIATIONS.— Generation IV nuclear energy systems estab- technologies. There is authorized to be appropriated to lished by the Nuclear Energy Research Advi- SEC. 202. NUCLEAR PLANT COMPLETION INITIA- carry out this section $3,000,000 for fiscal sory Committee, including— TIVE. year 2002. (1) economics competitive with natural (a) IN GENERAL.—The Secretary shall so- SEC. 203. EARLY SITE PERMIT DEMONSTRATION gas-fueled generators; licit information on United States nuclear PROGRAM. (2) enhanced safety features or passive plants requiring additional capital invest- (a) IN GENERAL.—The Secretary shall ini- ment before becoming operational or being safety features; tiate a program of Government/private part- (3) substantially reduced production of returned to operation to determine which, if nership demonstration projects to encourage any, should be included in a study of the fea- high-level waste, as compared with the quan- private sector applications to the Commis- tity of waste produced by reactors in oper- sibility of completing and operating some or sion for approval of sites that are potentially ation on the date of enactment of this Act; all of the nuclear plants by December 31, suitable to be used for the construction of fu- (4) highly proliferation resistant fuel and 2004, considering technical and economic fac- ture nuclear power generating facilities. waste; tors. (b) PROJECTS.—Not later than 60 days after (b) IDENTIFICATION OF UNFINISHED NUCLEAR the date of enactment of this Act, the Sec- (5) sustainable energy generation including PLANTS.—The Secretary shall convene a retary shall issue a solicitation of offers for optimized fuel utilization; and panel of experts to— proposals from private sector entities to (6) substantially improved thermal effi- (1) review information obtained under sub- enter into partnerships with the Secretary ciency, as compared with the thermal effi- section (a); and to— ciency of reactors in operation on the date of (2) identify which unfinished nuclear (1) demonstrate the Early Site Permit enactment of this Act. plants should be included in a feasibility process; and (c) CONSULTATION.—In conducting the study. (2) create a bank of approved sites by De- study, the Secretary shall consult with— (c) TECHNICAL AND ECONOMIC COMPLETION cember 31, 2003. (1) the Commission, with respect to evalua- ASSESSMENT.—On completion of the identi- (c) CRITERIA FOR PROPOSALS.—A proposal tion of regulatory issues; and fication of candidate nuclear plants under submitted under subsection (b) shall— (2) the International Atomic Energy Agen- subsection (b), the Secretary shall com- (1) identify a site owned by the offeror that cy, with respect to international safeguards. mence a detailed technical and economic is suitable for the construction and oper- (d) REPORT.— completion assessment that includes, on a ation of a new nuclear plant; and (1) IN GENERAL.—Not later than December unit-specific basis, all technical and eco- (2) state the agreement of the offeror to 31, 2002, the Secretary shall submit to Con- nomic information necessary to permit a de- pay not less than 1⁄2 of the costs of— gress a report describing the results of the cision on the feasibility of completing work (A) preparation of an application to the roadmap and plans for research and develop- on any or all of the nuclear plants identified Commission for an Early Site Permit for the ment leading to a public/private cooperative under subsection (b). site identified under paragraph (1); and demonstration of one or more Generation IV (d) SOLICITATION OF PROPOSALS.—After (B) review of the application by the Com- nuclear energy systems. making the results of the feasibility study mission. (2) CONTENTS.—The report shall contain— under subsection (c) available to the public, (d) SELECTION OF PROPOSALS.—The Sec- (A) an assessment of all available tech- the Secretary shall solicit proposals for com- retary shall establish a competitive process nologies; pleting construction on any or all of the nu- to review and select the projects to be pur- (B) a summary of actions needed for the clear plants assessed under subsection (c). sued, taking into consideration the fol- most promising candidates to be considered (e) SELECTION OF PROPOSALS.— lowing: as viable commercial options within the five (1) IN GENERAL.—The Secretary shall recon- (1) Time to prepare the application. to ten years after the date of the report with vene the panel of experts designated under (2) Site qualities or characteristics that consideration of regulatory, economic, and subsection (b) to review and select the nu- could affect the duration of application re- technical issues; clear plants to be pursued, taking into con- view. (C) a recommendation of not more than sideration any or all of the following factors: (3) The financial capability of the offeror. three promising Generation IV nuclear en- (A) Location of the nuclear plant and the (4) The experience of the offeror in siting, ergy system concepts for further develop- regional need for expanded power capability. constructing, or operating nuclear plants. ment;

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11622 CONGRESSIONAL RECORD — SENATE November 8, 2001 (D) an evaluation of opportunities for pub- listed under section 108(a) of the Clean Air (2) the World Bank; lic/private partnerships; Act (42 U.S.C. 7408(a)). (3) the Overseas Private Investment Cor- (E) a recommendation for structure of a (2) EMISSION-FREE ELECTRICITY SOURCE.— poration; public/private partnership to share in devel- The term ‘‘emission-free electricity source’’ (4) the International Monetary Fund; and opment and construction costs; means— (5) the Export-Import Bank. (F) a plan leading to the selection and con- (A) a facility that generates electricity TITLE IV—DEVELOPMENT OF NATIONAL ceptual design, by September 30, 2004, of at without emitting criteria pollutants, haz- SPENT NUCLEAR FUEL STRATEGY least one Generation IV nuclear energy sys- ardous pollutants, or greenhouse gases as a SEC. 401. FINDINGS. tem for demonstration through a public/pri- result of onsite operations of the facility; Congress finds that— vate partnership; and and (1) before the Federal Government takes (G) a recommendation for appropriate in- (B) a facility that generates electricity any irreversible action relating to the dis- volvement of the Commission. using nuclear fuel that meets all applicable posal of spent nuclear fuel, Congress must (e) AUTHORIZATION OF APPROPRIATIONS.— standards for radiological emissions under determine whether the spent fuel should be There are authorized to be appropriated to section 112 of the Clean Air Act (42 U.S.C. treated as waste subject to permanent burial carry out this section— 7412). or should be considered to be an energy re- (1) $50,000,000 for fiscal year 2002; and (3) GREENHOUSE GAS.—The term ‘‘green- source that is needed to meet future energy (2) such sums as are necessary for fiscal house gas’’ means a natural or anthropo- requirements; and years 2003 through 2006. genic gaseous constituent of the atmosphere (2) national policy on spent nuclear fuel SEC. 205. RESEARCH SUPPORTING REGULATORY that absorbs and re-emits infrared radiation. may evolve with time as improved tech- PROCESSES FOR NEW REACTOR (4) HAZARDOUS POLLUTANT.—The term nologies for spent fuel are developed or as TECHNOLOGIES AND DESIGNS. ‘‘hazardous pollutant’’ has the meaning national energy needs evolve. (a) IN GENERAL.—The Commission shall de- given the term in section 112(a) of the Clean velop a comprehensive research program to Air Act (42 U.S.C. 7412(a)). SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RE- SEARCH. support resolution of potential licensing (5) IMPROVEMENT IN AVAILABILITY.—The (a) DEFINITIONS.—In this section: issues associated with new reactor concepts term ‘‘improvement in availability’’ means (1) ASSOCIATE DIRECTOR.—The term ‘‘Asso- and new technologies that may be incor- an increase in the amount of electricity pro- ciate Director’’ means the Associate Direc- porated into new or current designs of nu- duced by an emission-free electricity source tor of the Office. clear plants. that provides a commensurate reduction in (2) OFFICE.—The term ‘‘Office’’ means the (b) IDENTIFICATION OF CANDIDATE DE- output from emitting sources. Office of Spent Nuclear Fuel Research estab- SIGNS.—The Commission shall work with the (6) INCREASED EMISSION-FREE CAPACITY lished by subsection (b). Office of Nuclear Energy, Science, and Tech- PROJECT.—The term ‘‘increased emission-free (b) ESTABLISHMENT.—There is established nology and the nuclear industry to identify capacity project’’ means a project to con- an Office of Spent Nuclear Fuel Research candidate designs to be addressed by the pro- struct an emission-free electricity source or within the Office of Nuclear Energy Science gram. increase the rated capacity of an existing and Technology of the Department of En- (c) ACTIVITIES TO BE INCLUDED.—The re- emission-free electricity source. ergy. search shall include— (b) TREATMENT OF CERTAIN STATE ACTIONS (c) HEAD OF OFFICE.—The Office shall be (1) modeling, analyses, tests, and experi- AS CONTROL MEASURES.—An action taken by headed by the Associate Director, who shall ments as required to provide input into total a State to support the continued operation be a member of the Senior Executive Service system behavior and response to hypoth- of an emission-free electricity source or to appointed by the Director of the Office of esized accidents; and support an improvement in availability or an Nuclear Energy Science and Technology, and (2) consideration of new reactor tech- increased emission-free capacity project compensated at a rate determined by appli- nologies that may affect— shall be considered to be a control measure cable law. (A) risk-informed licensing of new plants; for the purposes of section 110(a) of the Clean (d) DUTIES OF THE ASSOCIATE DIRECTOR.— (B) behavior of advanced fuels; Air Act (42 U.S.C. 7410(a)). (1) IN GENERAL.—The Associate Director (c) ECONOMIC INCENTIVE PROGRAMS.— (C) evolving environmental considerations shall be responsible for carrying out an inte- (1) CRITERIA AIR POLLUTANTS AND HAZ- relative to spent fuel management and grated research, development, and dem- ARDOUS POLLUTANTS.—Emissions of criteria health effect standards; onstration program on technologies for air pollutants or hazardous pollutants pre- (D) new technologies (such as advanced treatment, recycling, and disposal of high- vented or avoided by an improvement in sensors, digital instrumentation, and con- level nuclear radioactive waste and spent nu- availability or the operation of increased trol) and human factors that affect the appli- clear fuel, subject to the general supervision emission-free capacity shall be eligible for, cation of new technology to current plants; of the Secretary. and and may not be excluded from, incentive pro- (2) PARTICIPATION.—The Associate Director grams used as control measures, including (E) other emerging technical issues. shall coordinate the participation of na- programs authorizing emission trades, re- (d) AUTHORIZATION OF APPROPRIATIONS.— tional laboratories, universities, the com- volving loan funds, tax benefits, and special There is authorized to be appropriated to mercial nuclear industry, and other organi- financing programs. carry out this section— zations in the investigation of technologies (2) GREENHOUSE GASES.—Emissions of (1) $25,000,000 for fiscal year 2002; and for the treatment, recycling, and disposal of greenhouse gases prevented or avoided by an (2) such sums as are necessary for subse- spent nuclear fuel and high-level radioactive improvement in availability or the operation quent fiscal years. waste. of increased emission-free capacity shall be TITLE III—EVALUATIONS OF NUCLEAR (3) ACTIVITIES.—The Associate Director eligible for, and may not be excluded from, ENERGY shall— incentive programs used as control measures (A) develop a research plan to provide rec- SEC. 301. ENVIRONMENTALLY PREFERABLE PUR- on the national, regional State, or local CHASING. ommendations by 2015; level. (a) ACQUISITION.—For the purposes of Exec- (B) identify promising technologies for the utive Order No. 13101 (3 C.F.R. 210 (1998)) and SEC. 304. PROHIBITION OF DISCRIMINATION treatment, recycling, and disposal of spent AGAINST EMISSION-FREE ELEC- policies established by the Office of Federal TRICITY PROJECTS IN INTER- nuclear fuel and high-level radioactive Procurement Policy or other executive NATIONAL DEVELOPMENT PRO- waste; branch offices for the acquisition or use of GRAMS. (C) conduct research and development ac- environmentally preferable products (as de- (a) PROHIBITION.—No Federal funds shall be tivities for promising technologies; fined in section 201 of the Executive order), used to support a domestic or international (D) ensure that all activities include as electricity generated by a nuclear plant organization engaged in the financing, devel- key objectives minimization of proliferation shall be considered to be an environmentally opment, insuring, or underwriting of elec- concerns and risk to health of the general preferable product. tricity production facilities if the activities public or site workers, as well as develop- (b) PROCUREMENT.—No Federal procure- fail to include emission-free electricity pro- ment of cost-effective technologies; ment policy or program may— duction facility projects that use nuclear (E) require research on both reactor- and (1) discriminate against or exclude nuclear fuel. accelerator-based transmutation systems; generated electricity in making purchasing (b) REQUEST FOR POLICIES.—The Secretary (F) require research on advanced proc- decisions; or of Energy shall request copies of all written essing and separations; (2) subscribe to product certification pro- policies regarding the eligibility of emission- (G) include participation of international grams or recommend product purchases that free nuclear electricity production facilities collaborators in research efforts, and provide exclude nuclear electricity. for funding or support from international or funding to a collaborator that brings unique SEC. 302. EMISSION-FREE CONTROL MEASURES domestic organizations engaged in the fi- capabilities not available in the United UNDER A STATE IMPLEMENTATION nancing, development, insuring, or under- States if the country in which the collabo- PLAN. writing of electricity production facilities, rator is located is unable to provide support; (a) DEFINITIONS.—In this section: including— and (1) CRITERIA AIR POLLUTANT.—The term (1) the Agency for International Develop- (H) ensure that research efforts are coordi- ‘‘criteria air pollutant’’ means a pollutant ment; nated with research on advanced fuel cycles

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and reactors conducted by the Office of Nu- (B) research on new medical procedures is (4) SUBMISSION TO CONGRESS.—Not later clear Energy Science and Technology. adversely affected by the limited availability than March 31, 2002, the Secretary shall sub- (e) GRANT AND CONTRACT AUTHORITY.—The of production facilities for certain mit to the Committee on Energy and Nat- Secretary may make grants, or enter into radioisotopes; and ural Resources and Committee on Appropria- contracts, for the purposes of the research (C) high-current accelerators are an impor- tions of the Senate and the Committee on projects and activities described in sub- tant source of radioisotopes, and are best Science and Committee on Appropriations of section (d)(3). suited for production of proton-rich isotopes; the House of Representatives a report de- (f) REPORT.—The Associate Director shall and scribing the proposal. annually submit to Congress a report on the (5)(A) a spallation source provides a con- (f) COMPETITION.— activities and expenditures of the Office that tinuum of neutron energies; and (1) IN GENERAL.—The Secretary shall use describes the progress being made in achiev- (B) the energy spectrum of neutrons can be the proposal to conduct a nationwide com- ing the objectives of this section. altered and tailored to allow a wide range of petition among potential sites. SEC. 403. ADVANCED FUEL RECYCLING TECH- experiments in support of nuclear engineer- (2) REPORT.—Not later than June 30, 2003, NOLOGY DEVELOPMENT PROGRAM. ing studies of alternative reactor configura- the Secretary shall submit to the Committee (a) IN GENERAL.—The Secretary, acting tions, including studies of materials that on Energy and Natural Resources and Com- through the Director of the Office of Nuclear may be used in future fission or fusion sys- mittee on Appropriations of the Senate and Energy, Science, and Technology, shall con- tems. the Committee on Science and the Com- duct an advanced fuel recycling technology SEC. 502. DEFINITIONS. mittee on Appropriations of the House of research and development program to fur- In this title: Representatives a report that contains an ther the availability of electrometallurgical (1) OFFICE.—The term ‘‘Office’’ means the evaluation of competing proposals and a rec- technology as a proliferation-resistant alter- Office of Nuclear Energy, Science, and Tech- ommendation of a final site and for funding native to aqueous reprocessing in support of nology of the Department of Energy. requirements to proceed with construction in future fiscal years. evaluation of alternative national strategies (2) PROGRAM.—The term ‘‘program’’ means (g) AUTHORIZATION OF APPROPRIATIONS.— for spent nuclear fuel and the Generation IV the Advanced Accelerator Applications Pro- (1) PROPOSAL.—There is authorized to be advanced reactor concepts, subject to annual gram established under section 503. appropriated for development of the proposal review by the Nuclear Energy Research Ad- (3) PROPOSAL.—The term ‘‘proposal’’ means $20,000,000 for each of fiscal years 2002 and visory Committee. the proposal for a location supporting the 2003. (b) REPORTS.—The Secretary shall submit missions identified for the program devel- (2) RESEARCH, DEVELOPMENT, AND DEM- to the Committee on Science and the Com- oped under section 503. ONSTRATION ACTIVITIES.—There are author- mittee on Appropriations of the House of SEC. 503. ADVANCED ACCELERATOR APPLICA- Representatives and the Committee on En- ized to be appropriated for research, develop- TIONS PROGRAM. ment, and demonstration activities of the ergy and Natural Resources and the Com- (a) ESTABLISHMENT OF PROGRAM.—The Sec- program— mittee on Appropriations of the Senate an retary shall establish a program to be known (A) $120,000,000 for fiscal year 2002; and annual report on the activities of the ad- as the ‘‘Advanced Accelerator Applications (B) such sums as are necessary for subse- vanced fuel recycling technology develop- Program’’. quent fiscal years. ment program. (b) MISSION.—The mission of the program (c) AUTHORIZATION OF APPROPRIATIONS.— shall include conducting scientific or engi- TITLE VI—NUCLEAR REGULATORY There are authorized to be appropriated to neering research, development, and dem- COMMISSION REFORM carry out this section— onstrations on— SEC. 601. DEFINITIONS. (1) $10,000,000 for fiscal year 2002; and (1) accelerator production of tritium as a Section 11 of the Atomic Energy Act of (2) such sums as are necessary for fiscal backup technology; 1954 (42 U.S.C. 2014) is amended— years 2003 through 2006. (2) transmutation of spent nuclear fuel and (1) in subsection f., by striking ‘‘Atomic TITLE V—NATIONAL ACCELERATOR SITE waste; Energy Commission’’ and inserting ‘‘Nuclear (3) production of radioisotopes; Regulatory Commission’’; SEC. 501. FINDINGS. (4) advanced nuclear engineering concepts, (2) by redesignating subsection jj. as sub- Congress finds that— including material science issues; and section ll.; and (1)(A) high-current proton accelerators are (5) other applications that may be identi- (3) by adding at the end the following: capable of producing significant quantities fied. ‘‘jj. FEDERAL NUCLEAR OBLIGATION.—The of neutrons through the spallation process (c) ADMINISTRATION.—The program shall be term ‘Federal nuclear obligation’ means— without using a critical assembly; and administered by the Office— ‘‘(1) a nuclear decommissioning obligation; (B) the availability of high-neutron (1) in consultation with the National Nu- ‘‘(2) a fee required to be paid to the Federal fluences enables a wide range of missions of clear Security Administration, for all activi- Government by a licensee for the storage, major national importance to be conducted; ties related to tritium production; and transportation, or disposal of spent nuclear (2)(A) public acceptance of repositories, (2) in consultation with the Office of Civil- fuel and high-level radioactive waste, includ- whether for spent fuel or for final waste ian Radioactive Waste Management, for all ing a fee required under the Nuclear Waste products from spent fuel, can be enhanced if activities relating to the impact of waste Policy Act of 1982 (42 U.S.C. 10101 et seq.); the radio-toxicity of the materials in the re- transmutation on repository requirements. and pository can be reduced; (d) PARTICIPATION.—The Office shall en- ‘‘(3) an assessment by the Federal Govern- (B) transmutation of long-lived radioactive courage participation of international col- ment to fund the cost of decontamination species by an intense neutron source pro- laborators, industrial partners, national lab- and decommissioning of uranium enrichment vides an approach to such a reduction in tox- oratories, and, through support for new grad- facilities, including an assessment required icity; and uate engineering and science students and under chapter 28 of the Energy Policy Act of (C) research and development in this area professors, universities. 1992 (42 U.S.C. 2297g). (which, when the source of neutrons is de- (e) PROPOSAL OF LOCATION.— ‘‘kk. NUCLEAR DECOMMISSIONING OBLIGA- rived from an accelerator, is called ‘‘accel- (1) IN GENERAL.—The Office shall develop a TION.—The term ‘nuclear decommissioning erator transmutation of waste’’) should be detailed proposal for a location supporting obligation’ means an expense incurred to en- an important part of a national spent fuel the missions identified for the program. sure the continued protection of the public strategy; (2) CONTENTS.—The proposal shall— from the dangers of any residual radioac- (3)(A) nuclear weapons require a reliable (A) recommend capabilities for the accel- tivity or other hazards present at a facility source of tritium; erator and for each major research or pro- at the time the facility is decommissioned, (B) the Department of Energy has identi- duction effort; including all costs of actions required under fied production of tritium in a commercial (B) include development of a comprehen- rules, regulations and orders of the Commis- light water reactor as the first option to be sive site plan supporting those capabilities; sion for— pursued; (C) specify a detailed time line for con- ‘‘(1) entombing, dismantling and decom- (C) the importance of tritium supply is of struction and operation of all activities; missioning a facility; and sufficient magnitude that a backup tech- (D) identify opportunities for involvement ‘‘(2) administrative, preparatory, security nology should be demonstrated and available of the private sector in production and use of and radiation monitoring expenses associ- for rapid scale-up to full requirements; radioisotopes; ated with entombing, dismantling, and de- (D) evaluation of tritium production by a (E) contain a recommendation for funding commissioning a facility.’’. high-current accelerator has been underway; required to accomplish the proposal in future SEC. 602. OFFICE LOCATION. and fiscal years; and Section 23 of the Atomic Energy Act of (E) accelerator production of tritium (F) identify required site characteristics. 1954 (42 U.S.C. 2033) is amended by striking ‘‘; should be demonstrated, so that the capa- (3) PRELIMINARY ENVIRONMENTAL IMPACT however, the Commission shall maintain an bility can be scaled up to levels required for ASSESSMENT.—As part of the process of iden- office for the service of process and papers the weapons stockpile if difficulties arise tification of required site characteristics, within the District of Columbia’’. with the reactor approach; the Secretary shall undertake a preliminary SEC. 603. LICENSE PERIOD. (4)(A) radioisotopes are required in many environmental impact assessment of a range Section 103c. of the Atomic Energy Act of medical procedures; of sites. 1954 (42 U.S.C. 2133(c)) is amended—

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(1) by striking ‘‘c. Each such’’ and insert- (1) by striking ‘‘and (3)’’ and inserting ‘‘(3) OTHER AUTHORITY.—The arrest author- ing the following: ‘‘(3)’’; and ity conferred by this section is in addition to ‘‘c. LICENSE PERIOD.— (2) by inserting before the semicolon at the any arrest authority under other law. ‘‘(1) IN GENERAL.—Each such’’; and end the following: ‘‘, and (4) to ensure that ‘‘(4) GUIDELINES.—The Secretary and the (2) by adding at the end the following: sufficient funds will be available for the de- Commission, with the approval of the Attor- ‘‘(2) COMBINED LICENSES.—In the case of a commissioning of any production or utiliza- ney General, shall issue guidelines to imple- combined construction and operating license tion facility licensed under section 103 or ment section 161k. and this subsection.’’. issued under section 185(b), the initial dura- 104b., including standards and restrictions (b) CONFORMING AMENDMENT.—The table of tion of the license may not exceed 40 years governing the control, maintenance, use, and contents of the Atomic Energy Act of 1954 (42 from the date on which the Commission disbursement by any former licensee under U.S.C. prec. 2011) (as amended by section finds, before operation of the facility, that this Act that has control over any fund for 7(b)(2)) is amended by adding at the end of the acceptance criteria required by section the decommissioning of the facility’’. the items relating to chapter 14 the fol- lowing: 185(b) are met.’’. SEC. 608. CARRYING OF FIREARMS BY LICENSEE SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP EMPLOYEES. ‘‘Sec. 170D. Carrying of firearms.’’. RESTRICTIONS. SEC. 609. COST RECOVERY FROM GOVERNMENT (a) IN GENERAL.—Chapter 14 of title I of the (a) COMMERCIAL LICENSES.—Section 103d. of AGENCIES. Atomic Energy Act of 1954 (42 U.S.C. 2201 et the Atomic Energy Act of 1954 (42 U.S.C. Section 161w. of the Atomic Energy Act of seq.) (as amended by section 606(b)) is amend- 2133(d)) is amended by striking the second 1954 (42 U.S.C. 2201(w)) is amended— ed— sentence. (1) by striking ‘‘, or which operates any fa- (1) in section 161, by striking subsection k. (b) MEDICAL THERAPY AND RESEARCH AND cility regulated or certified under section and inserting the following: DEVELOPMENT.—Section 104d. of the Atomic 1701 or 1702,’’; Energy Act of 1954 (42 U.S.C. 2134(d)) is ‘‘k. authorize to carry a firearm in the per- (2) by striking ‘‘483a of title 31 of the amended by striking the second sentence. formance of official duties such of its mem- United States Code’’ and inserting ‘‘9701 of SEC. 605. ELIMINATION OF DUPLICATIVE ANTI- bers, officers, and employees, such of the em- title 31, United States Code,’’; and TRUST REVIEW. ployees of its contractors and subcontractors (3) by inserting before the period at the end Section 105 of the Atomic Energy Act of (at any tier) engaged in the protection of the following: ‘‘, and, commencing October 1, 1954 (42 U.S.C. 2135) is amended by striking property under the jurisdiction of the United 2002, prescribe and collect from any other subsection c. and inserting the following: States located at facilities owned by or con- Government agency any fee, charge, or price ‘‘c. CONDITIONS.— tracted to the United States or being trans- that the Commission may require in accord- ‘‘(1) IN GENERAL.—A condition for a grant ported to or from such facilities, and such of ance with section 9701 of title 31, United of a license imposed by the Commission the employees of persons licensed or cer- States Code, or any other law’’. under this section in effect on the date of en- tified by the Commission (including employ- SEC. 610. HEARING PROCEDURES. actment of the Nuclear Assets Restructuring ees of contractors of licensees or certificate Section 189a.(1) of the Atomic Energy Act Reform Act of 2001 shall remain in effect holders) engaged in the protection of facili- of 1954 (42 U.S.C. 2239(a)(1)) is amended by until the condition is modified or removed ties owned or operated by a Commission li- adding at the end the following: by the Commission. censee or certificate holder that are des- ‘‘(C) HEARINGS.—A hearing under this sec- ‘‘(2) MODIFICATION.—If a person that is li- ignated by the Commission or in the protec- tion shall be conducted using informal adju- censed to construct or operate a utilization tion of property of significance to the com- dicatory procedures established under sec- or production facility applies for reconsider- mon defense and security located at facili- tions 553 and 555 of title 5, United States ation under this section of a condition im- ties owned or operated by a Commission li- Code, unless the Commission determines posed in the person’s license, the Commis- censee or certificate holder or being trans- that formal adjudicatory procedures are nec- sion shall conduct a proceeding, on an expe- ported to or from such facilities, as the Com- essary— dited basis, to determine whether the license mission considers necessary in the interest ‘‘(i) to develop a sufficient record; or condition— of the common defense and security;’’ and ‘‘(ii) to achieve fairness.’’. ‘‘(A) is necessary to ensure compliance (2) by adding at the end the following: SEC. 611. UNAUTHORIZED INTRODUCTION OF with section 105a.; or ‘‘SEC. 170D. CARRYING OF FIREARMS. DANGEROUS WEAPONS. ‘‘(B) should be modified or removed.’’. Section 229a. of the Atomic Energy Act of ‘‘(a) AUTHORITY TO MAKE ARREST.— 1954 (42 U.S.C. 2278a(a)) is amended in the SEC. 606. GIFT ACCEPTANCE AUTHORITY. ‘‘(1) IN GENERAL.—A person authorized first sentence by inserting ‘‘or subject to the (a) IN GENERAL.—Section 161g. of the under section 161k. to carry a firearm may, licensing authority of the Commission or to Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) while in the performance of, and in connec- certification by the Commission under this is amended— tion with, official duties, arrest an indi- Act or any other Act’’ before the period at (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; vidual without a warrant for any offense the end. (2) by striking ‘‘this Act;’’ and inserting against the United States committed in the SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR ‘‘this Act; or’’; and presence of the person or for any felony FUEL. (3) by adding at the end the following: under the laws of the United States if the Section 236a. of the Atomic Energy Act of ‘‘(2) accept, hold, utilize, and administer person has a reasonable ground to believe 1954 (42 U.S.C. 2284(a)) is amended— gifts of real and personal property (not in- that the individual has committed or is com- (1) in paragraph (2), by striking ‘‘storage cluding money) for the purpose of aiding or mitting such a felony. facility’’ and inserting ‘‘storage, treatment, facilitating the work of the Commission.’’. ‘‘(2) LIMITATION.—An employee of a con- or disposal facility’’; (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— tractor or subcontractor or of a Commission (2) in paragraph (3)— (1) IN GENERAL.—Chapter 14 of title I of the licensee or certificate holder (or a contractor (A) by striking ‘‘such a utilization facil- Atomic Energy Act of 1954 (42 U.S.C. 2201 et of a licensee or certificate holder) authorized ity’’ and inserting ‘‘a utilization facility li- seq.) is amended by adding at the end the fol- to make an arrest under paragraph (1) may censed under this Act’’; and lowing: make an arrest only— (B) by striking ‘‘or’’ at the end; ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF ‘‘(A) when the individual is within, or is in (3) in paragraph (4)— GIFTS. flight directly from, the area in which the of- (A) by striking ‘‘facility licensed’’ and in- ‘‘(a) IN GENERAL.—The Commission shall fense was committed; and serting ‘‘or nuclear fuel fabrication facility establish written criteria for determining ‘‘(B) in the enforcement of— licensed or certified’’; and whether to accept gifts under section ‘‘(i) a law regarding the property of the (B) by striking the period at the end and 161g.(2). United States in the custody of the Depart- inserting ‘‘; or’’; and ‘‘(b) CONSIDERATIONS.—The criteria under ment of Energy, the Commission, or a con- (4) by adding at the end the following: subsection (a) shall take into consideration tractor of the Department of Energy or Com- ‘‘(5) any production, utilization, waste whether the acceptance of a gift would com- mission or a licensee or certificate holder of storage, waste treatment, waste disposal, promise the integrity of, or the appearance the Commission; uranium enrichment, or nuclear fuel fabrica- of the integrity of, the Commission or any ‘‘(ii) a law applicable to facilities owned or tion facility subject to licensing or certifi- officer or employee of the Commission.’’. operated by a Commission licensee or certifi- cation under this Act during construction of (2) CONFORMING AMENDMENT.—The table of cate holder that are designated by the Com- the facility, if the person knows or reason- contents of the Atomic Energy Act of 1954 (42 mission under section 161k.; ably should know that there is a significant U.S.C. prec. 2011) is amended by adding at ‘‘(iii) a law applicable to property of sig- possibility that the destruction or damage the end of the items relating to chapter 14 nificance to the common defense and secu- caused or attempted to be caused could ad- the following: rity that is in the custody of a licensee or versely affect public health and safety dur- ‘‘Sec. 170C. Criteria for acceptance of certificate holder or a contractor of a li- ing the operation of the facility;’’. gifts.’’. censee or certificate holder of the Commis- SEC. 613. NUCLEAR DECOMMISSIONING OBLIGA- SEC. 607. AUTHORITY OVER FORMER LICENSEES sion; or TIONS OF NONLICENSEES. FOR DECOMMISSIONING FUNDING. ‘‘(iv) any provision of this Act that sub- (a) IN GENERAL.—The Atomic Energy Act Section 161i. of the Atomic Energy Act of jects an offender to a fine, imprisonment, or of 1954 is amended by inserting after section 1954 (42 U.S.C. 2201(i)) is amended— both. 241 (42 U.S.C. 2015) the following:

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11625 ‘‘SEC. 242. NUCLEAR DECOMMISSIONING OBLIGA- S. 1669. A bill to authorize appropria- them. We mandated those actions for a TIONS OF NONLICENSEES. tions for hazardous material transpor- reason, and we expect that they will be ‘‘(a) DEFINITION OF FACILITY.—In this sec- tion, the term ‘facility’ means a commercial tation safety, and for other purposes; carried out. nuclear electric generating facility for which to the Committee on Commerce, As I work with my colleagues to a Federal nuclear obligation is incurred. Science, and Transportation. write a hazardous materials reauthor- ‘‘(b) DECOMMISSIONING OBLIGATIONS.—After Mr. HOLLINGS. Madam President, as ization bill, we will take into account public notice and in accordance with section a courtesy to President Bush and Sec- the recently exposed vulnerabilities of 181, the Commission shall establish by rule, retary of Transportation Mineta, I am hazardous materials to terrorist at- regulation, or order any requirement that today introducing their proposed legis- tacks. The 1,000 pages of Federal Haz- the Commission considers necessary to en- lation to reauthorize hazardous mate- ardous Materials Transportation Regu- sure that a person that is not a licensee (in- cluding a former licensee) complies fully rials programs. lations were designed primarily to pro- with any nuclear decommissioning obliga- While I appreciate the Administra- mote safety during transportation, not tion.’’. tion’s willingness to offer a reauthor- to ensure security and reduce risks (b) CONFORMING AMENDMENT.—The table of ization plan, I disagree strongly with from terrorist attacks. Unattended contents of the Atomic Energy Act of 1954 (42 several of its provisions. I plan to work parked vehicles and routing are just U.S.C. prec. 2011) is amended by inserting with other members of the Commerce two examples of the security concerns after the item relating to section 241 the fol- Committee to write and introduce leg- associated with the transportation of lowing: islation to reauthorize the Hazardous hazardous materials. We are consid- ‘‘Sec. 242. Nuclear decommissioning obliga- Materials Transportation Act later ering a range of options to address tions of nonlicensees.’’. this Congress. these security threats. We also must SEC. 614. EFFECTIVE DATE. Every year, our Nation transports 4 (a) IN GENERAL.—Except as provided in increase funding for training local subsection (b), this title and the amend- billion tons of hazardous materials via emergency response units to handle ments made by this title take effect on the 800,000 shipments. In 2000, there were hazardous materials accidents. date of enactment of this Act. 17,347 hazardous materials incidents re- While we may disagree over how to (b) RECOMMISSIONING AND LICENSE RE- lated to transportation in the United approach some of these hazardous ma- MOVAL.—The amendment made by section 613 States: 1,419 via air transportation, terials issues, I thank the administra- takes effect on the date that is 180 days after 14,861 via highway transportation, 1,052 tion for offering their proposal. I look the date of enactment of this Act. via railway transportation, and 15 via forward to working with them in the By Mr. HOLLINGS: water transportation. These incidents coming months to make the transpor- S. 1668. A bill to amend the Commu- are mostly minor releases of chemi- tation of hazardous materials a safe en- nications Act of 1934 to strengthen the cals; 244 incidents caused injuries, and deavor for both hazardous materials limitations on the holding of any li- there were 13 deaths, 12 deaths via workers and the public. cense permit, operating authority by a highway transportation, and 1 death I ask unanimous consent that the foreign government or any entity con- via railway transportation. Of course, text of the administration’s bill be trolled by a foreign government; to the one death is too many. That is why we printed in the RECORD. Committee on Commerce, Science, and must recommit ourselves to the protec- There being no objection, the bill was Transportation. tion of the brave workers who take on ordered to be printed in the RECORD, as Mr. HOLLINGS. Madam President, the risks of transporting these dan- follows: today I reintroduce legislation to clar- gerous materials and the communities S. 1669 ify rules governing the takeover of U.S. in which these products are produced Be it enacted by the Senate and House of Rep- Telecommunications providers by com- and through which they are moved. resentatives of the United States of America in panies owned by foreign governments. I am concerned about several provi- Congress assembled, The original rules in this area were es- sions of the administration plan, in- SECTION 1. SHORT TITLE; AMENDMENT OF TITLE tablished by statute in the 1930s, and cluding one that would effectively 49, UNITED STATES CODE; TABLE OF CONTENTS. while the law has not changed, the eliminate the authority of the Occupa- tional Safety and Health Administra- (a) SHORT TITLE.—This Act may be cited as FCC’s interpretations of this statute the ‘‘Hazardous Material Transportation has. tion, OSHA, to protect workers that handle and transport hazardous mate- Safety Reauthorization Act of 2001’’. Today’s legislation is almost iden- (b) AMENDMENT OF TITLE 49, UNITED STATES tical to the legislation that I intro- rials. It is important that workers are CODE.—Except as otherwise expressly pro- duced last year on this topic. I am protected and appropriate standards vided, whenever in this Act an amendment pleased to announce that this year I for the handling of hazardous materials or repeal is expressed in terms of an amend- am joined in the effort by the Chair- are established, including rules for per- ment to, or a repeal of, a section or other man of the House Energy and Com- sonal protective equipment and the provision, the reference shall be considered monitoring of exposure levels and med- to be made to a section or other provision of merce Committee, BILLY TAUZIN. title 49, United States Code. In the intervening year the FCC has ical conditions. Protecting the people that handle and transport these haz- (c) TABLE OF CONTENTS.—The table of con- approved several transactions involv- tents of this Act is as follows: ing foreign governments. I am dis- ardous materials must remain para- mount. Sec. 1. Short title; amendment of title 49, appointed by these actions and believe United States Code; table of that they involve a misreading of the The proposed legislation also in- contents. current statute. creases from 2 to 4 years the time be- Sec. 2. Purpose. The legislation I introduce today will tween reviews for exemptions from haz- Sec. 3. Definitions. bar outright the transfer or issuance of ardous materials regulations. In our Sec. 4. General regulatory authority. telecommunications licenses to pro- current security environment, creating Sec. 5. Representation and tampering. viders who are more than 25 percent more exemptions from hazardous mate- Sec. 6. Highly radioactive material. rials regulations may not be the most Sec. 7. Handling criteria. owned by a foreign government. It Sec. 8. Hazmat employee training require- would also bar the transfer of such li- prudent course of action. We also must ments and grants. censes to companies controlled by a maintain funding for non-profit organi- Sec. 9. Registration. foreign government. zations to train workers in the han- Sec. 10. Motor carrier safety. My reasons for introducing this legis- dling of hazardous materials. Sec. 11. Shipping paper retention. lation have not changed from last year. On another matter, the Administra- Sec. 12. Rail tank cars. Nevertheless the events of the past tion plan also would repeal some of the Sec. 13. Unsatisfactory safety rating. year confirm more than ever my con- requirements Congress has placed on Sec. 14. Public sector training curriculum. Sec. 15. Planning and training grants. viction that foreign governments the Department of Transportation in managing these hazardous materials Sec. 16. Special permits and exclusions. should not be permitted to own U.S. Sec. 17. Inspectors. telecommunications licenses. programs. I would caution the Trans- Sec. 18. Uniform forms and procedures. portation Department not to seek re- Sec. 19. Administrative. By Mr. HOLLINGS (for himself peal of the requirements and actions Sec. 20. Enforcement. and Mr. MCCAIN) (by request): that we in Congress have requested of Sec. 21. Penalties.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0655 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11626 CONGRESSIONAL RECORD — SENATE November 8, 2001 Sec. 22. Preemption. terial; and compressed gas) or a group or (2) by revising subsection (a)(2)(B) to read Sec. 23. Relationship to other laws. class of material as hazardous when the Sec- as follows: Sec. 24. Judicial review. retary determines that transporting the ma- ‘‘(B) a person manufacturing, designing, in- Sec. 25. Authorization of appropriations. terial in commerce in a particular amount specting, testing, reconditioning, marking, Sec. 26. Postal service civil penalty author- and form may pose an unreasonable risk to or repairing a packaging or packaging com- ity. health and safety or property.’’; and ponent represented as qualified for use in SEC. 2. PURPOSE. (2) in subsection (b)(1), by revising subpara- transporting a hazardous material in com- Section 5101 is revised to read as follows: graph (A) to read as follows: merce.’’; ‘‘(A) apply to a person that— (3) by revising subsection (b)(1)(C) to read ‘‘§ 5101. Purpose ‘‘(i) transports a hazardous material in as follows: ‘‘The purpose of this chapter is to protect commerce; ‘‘(C) each State in which the person carries against the risks to life, property, and the ‘‘(ii) causes a hazardous material to be out any of the activities.’’; environment that are inherent in the trans- transported in commerce; (4) by revising subsection (c) to read as fol- portation of hazardous material in intra- ‘‘(iii) manufactures, designs, inspects, lows: state, interstate, and foreign commerce.’’. tests, reconditions, marks, or repairs a pack- ‘‘(c) FILING SCHEDULE.—Each person re- SEC. 3. DEFINITIONS. aging or packaging component represented quired to file a registration statement under Section 5102 is amended— as qualified for use in transporting haz- subsection (a) of this section shall file that (1) by revising paragraph (1) to read as fol- ardous material in commerce; statement in accordance with regulations lows: ‘‘(iv) prepares, accepts, or rejects haz- issued by the Secretary.’’; ‘‘(1) ‘commerce’ means trade or transpor- ardous material for transportation in com- (5) in subsection (g)(1), by striking ‘‘may’’ tation in the jurisdiction of the United merce; and inserting ‘‘shall’’; and States— ‘‘(v) is responsible for the safety of trans- (6) in subsection (i)(2)(B), by striking ‘‘(A) between a place in a State and a place porting hazardous material in commerce; ‘‘State,’’ and inserting ‘‘State, Indian outside of the State; ‘‘(vi) certifies compliance with any re- tribe,’’. quirement issued under this chapter; or ‘‘(B) that affects trade or transportation SEC. 10. MOTOR CARRIER SAFETY. between a place in a State and a place out- ‘‘(vii) misrepresents whether it is engaged Chapter 51 is amended by striking section side of the State; or in any of the above activities; and’’. 5109 and striking the corresponding item in ‘‘(C) on a United States-registered air- SEC. 5. REPRESENTATION AND TAMPERING. the analysis of chapter 51. Section 5104 is amended— craft.’’; SEC. 11. SHIPPING PAPER RETENTION. (1) in subsection (a), by striking ‘‘A per- (2) by revising paragraphs (3) and (4) to Section 5110 is amended — son’’ and inserting ‘‘No person’’; read as follows: (1) in subsection (a), by striking ‘‘under (2) by revising subsection (a)(1) to read as ‘‘(3) ‘hazmat employee’ means an indi- subsection (b) of this section’’ and inserting follows: vidual who— ‘‘by regulation’’; ‘‘(1) a package, component of a package, or ‘‘(A)(i) is employed or used by a hazmat (2) by striking subsection (b) and redesig- packaging for transporting hazardous mate- employer; or nating subsections (c) through (e) as sub- rial is safe, certified, or complies with this ‘‘(ii) is self-employed, including an owner- sections (b) through (d); and chapter if it does not conform to each appli- operator of a motor vehicle, vessel, or air- (3) by revising the first sentence in sub- cable regulation prescribed under this chap- craft transporting hazardous material in section (d), as redesignated, to read as fol- ter; or’’; commerce; and lows: ‘‘The person that provided the shipping (3) in paragraph (a)(2), by striking ‘‘only ‘‘(B) performs a function regulated by the paper and the carrier required to keep it if’’ and inserting ‘‘unless’’; and Secretary under section 5103(b)(1) of this under this section shall retain the paper, or (4) by revising subsection (b) to read as fol- chapter. an electronic image of it, for a period of 3 lows: ‘‘(4) ‘hazmat employer’ means a person years after the shipping paper was provided that— ‘‘(b) TAMPERING.—No person may, without authorization from the owner or custodian, to the carrier, to be accessible through their ‘‘(A)(i) has a least one hazmat employee; or alter, remove, destroy, or tamper with— respective principal places of business.’’. ‘‘(ii) is self-employed, including an owner- ‘‘(1) a marking, label, placard, or descrip- SEC. 12. RAIL TANK CARS. operator of a motor vehicle, vessel, or air- tion on a document required under this chap- Chapter 51 is amended by striking section craft transporting hazardous material in ter or a regulation prescribed under this 5111 and by striking the corresponding item commerce; and chapter; or in the analysis of chapter 51. ‘‘(B) performs, or employs or uses at least ‘‘(2) a package, container, motor vehicle, SEC. 13. UNSATISFACTORY SAFETY RATING. one hazmat employee to perform, a function rail freight car, aircraft, or vessel used to (a) Section 5113 is amended by adding at regulated by the Secretary under section transport hazardous material.’’. the end the following: 5103(b)(1) of this chapter.’’; SEC. 6. HIGHLY RADIOACTIVE MATERIAL. ‘‘(e) PENALTY FOR VIOLATION.—A violation (3) in paragraph (5), by striking ‘‘condition of section 31144(c)(3) of this title shall be con- that presents’’ and inserting ‘‘condition re- Section 5105 is amended by striking sub- sections (d) and (e). sidered a violation of this chapter and shall lated to a hazardous material that presents’’; be subject to the penalties in sections 5123 (4) in paragraph (7), by striking ‘‘title’’ and SEC. 7. HANDLING CRITERIA. Chapter 51 is amended by striking section and 5124 of this chapter.’’. inserting ‘‘title, except a freight forwarder is (b) Section 31144(c) is amended— included only if performing a function re- 5106 and striking the corresponding item in the analysis of chapter 51. (1) in paragraph (1), by striking ‘‘sections lated to highway transportation’’; 521(b)(5)(A) and 5113’’ and inserting ‘‘section (5) in paragraph (8), by striking ‘‘national SEC. 8. HAZMAT EMPLOYEE TRAINING REQUIRE- MENTS AND GRANTS. 521(b)(5)(A)’’; and response team’’ each place it appears and in- (a) Section 5107 is amended by— (2) in paragraph (3), by striking ‘‘interstate serting ‘‘National Response Team,’’ and by (1) striking ‘‘or duplicate’’ in subsection commerce’’ and inserting ‘‘commerce’’; and striking ‘‘national contingency plan’’ and in- (d); (3) by adding at the end of paragraph (3) serting ‘‘National Contingency Plan’’; and (2) striking ‘‘section 5127(c)(3)’’ in sub- the following: ‘‘A violation of this paragraph (6) in paragraph (9), by revising subpara- section (e) and inserting ‘‘section 5128’’; and by an owner or operator transporting haz- graph (A) to read as follows: (3) striking ‘‘and sections 5106, 5108(a)-(g)(1) ardous material shall be considered a viola- ‘‘(A) includes a government, Indian tribe, and (h), and 5109 of this title’’ in subsection tion of chapter 51 of this title, and shall be or authority of a government or tribe offer- (f)(2). subject to the penalties in sections 5123 and ing hazardous material for transportation in (b) Notwithstanding section 4(b)(1) of the 5124 of this chapter.’’. commerce, transporting hazardous material Occupational Safety and Health Act of 1970 (c) Section 31144 is amended by striking to further a commercial enterprise, or manu- (29 U.S.C. 653(b)(1), an action of the Sec- the subsection designation ‘‘(c)’’ at the be- facturing, designing, inspecting, testing, re- retary of Transportation under chapter 51 of ginning of the last subsection and inserting conditioning, marking, or repairing a pack- title 49, United States Code, does not pre- ‘‘(f)’’. aging or packaging component represented clude the Secretary of Labor from pre- SEC. 14. PUBLIC SECTOR TRAINING CUR- as qualified for use in transporting haz- scribing or enforcing standards, regulations RICULUM. ardous material in commerce; but’’. or requirements regarding — Section 5115 is amended— SEC. 4. GENERAL REGULATORY AUTHORITY. (1) hazardous materials employee training, (1) in subsection (a), by— Section 5103 is amended— or (A) striking ‘‘DEVELOPMENT AND UPDAT- (1) by revising subsection (a) to read as fol- (2) the occupational safety or health pro- ING.—Not later than November 16, 1992, in’’ lows: tection of employees responding to a release and inserting ‘‘GENERAL.—In’’; ‘‘(a) DESIGNIATING MATERIAL AS HAZ- of hazardous materials. (B) striking ‘‘national response team’’ and ARDOUS.—The Secretary of Transportation SEC. 9. REGISTRATION. inserting ‘‘National Response Team’’ in the shall designate material (including an explo- Section 5108 is amended— first sentence; sive; radioactive material; infectious sub- (1) by striking ‘‘class A or B explosive’’ in (C) striking ‘‘develop and update periodi- stance; flammable or combustible liquid, subsection (a)(1)(B) and inserting ‘‘Division cally a’’ in the first sentence and inserting solid or gas; toxic, oxidizing or corrosive ma- 1.1, 1.2, or 1.3 explosive material’’; ‘‘maintain a current’’; and

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11627 (D) striking the second sentence; (1) by revising the section heading to read ‘‘(2) make the records, reports, property, (2) in subsection (b), by— as follows: and information available for inspection (A) striking ‘‘developed’’ and inserting ‘‘§ 5117. Special permits and exclusions’’ ; when the Secretary undertakes an investiga- ‘‘maintained’’ in the first sentence; and (2) by striking ‘‘exemption’’ and ‘‘an ex- tion. (B) in paragraph (1)(C), by striking ‘‘under emption’’ each place they appear and insert- ‘‘(c) INSPECTIONS AND INVESTIGATIONS.—(1) other United States Government grant pro- ing, respectively, ‘‘special permit’’ and ‘‘a A designated officer or employee of the Sec- grams, including those developed with grants special permit’’; retary may— made under section 126(g) of the Superfund (3) in subsection (a)(1), as revised by Sec- ‘‘(A) inspect and investigate, at a reason- Amendments and Reauthorization Act of tion 16(a)(2) of this Act, by striking ‘‘issue a able time and in a reasonable way, records 1986 (42 U.S.C. 9660a)’’ and inserting ‘‘with special permit’’ and inserting ‘‘issue, modify, and property related to a function described Federal financial assistance’’; or terminate a special permit authorizing in section 5103(b)(1) of this chapter; (3) in subsection (c)(3), by striking ‘‘the variances’’, and by striking ‘‘transporting, or ‘‘(B) except for the packaging immediately National Fire Protection Association’’ and causing to be transported, hazardous mate- adjacent to its hazardous material contents, inserting ‘‘the National Fire Protection As- rial’’ and inserting ‘‘performing a function gain access to, open, and examine a package sociation and such other voluntary con- regulated by the Secretary under section offered for, or in, transportation when the of- sensus standard-setting organizations as the 5103(b)(1) of this title’’; and ficer or employee has an objectively reason- Secretary deems appropriate’’; and (4) in subsection (a)(2), by striking ‘‘2’’ and able and articulable belief that the package (4) by revising subsection (d) to read as fol- inserting ‘‘4’’. may contain a hazardous material; lows: (b) The chapter analysis for chapter 51 is ‘‘(C) remove from transportation a package ‘‘(d) DISTRIBUTION AND PUBLICATION.—With amended by striking the item related to sec- or related packages in a shipment offered for the National Response Team, the Secretary tion 5117 and inserting the following: or in transportation, and for which such offi- of Transportation may publish and dis- ‘‘5117. Special permits and exclusions.’’. cer or employee has an objectively reason- tribute a list of courses developed under this able and articulable belief that the package SEC. 17. INSPECTORS. section and of programs using any of those or packages may pose an imminent hazard, Chapter 51 is amended by striking section courses.’’. and for which the officer or employee con- 5118 and striking the corresponding item in SEC. 15. PLANNING AND TRAINING GRANTS. temporaneously documents that belief in ac- the analysis of chapter 51. (a) Section 5116 is amended— cordance with procedures adopted under sub- (1) in the second sentence of subsection (e), SEC. 18. UNIFORM FORMS AND PROCEDURES. section (e) of this section; by striking ‘‘of the State or tribe under sub- Section 5119 is revised to read as follows: ‘‘(D) gather information from the offeror, sections (a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘§ 5119. Uniform forms and procedures carrier, packaging manufacturer or retester, ‘‘received by the State or tribe under sub- ‘‘(a) REGULATIONS.—(1) The Secretary of or other person responsible for the package sections (a)(1) and (b)(1)’’; or packages, to ascertain the nature and haz- (2) revising subsection (f) to read as fol- Transportation may prescribe regulations to establish uniform forms and procedures for a ards of the contents of the package or pack- lows: ages; ‘‘(f) MONITORING AND TECHNICAL ASSIST- State— ‘‘(E) as necessary, under terms and condi- ANCE.—The Secretary of Transportation ‘‘(A) to register and issue permits to per- tions specified by the Secretary, order the shall monitor public-sector emergency re- sons that transport or cause to be trans- offeror, carrier, packaging manufacturer or sponse planning and training for an accident ported hazardous material by motor vehicle retester, or other person responsible for the or incident involving hazardous material. in the State; and package or packages to have the package or Considering the results of the monitoring, ‘‘(B) to allow the transportation of haz- the Secretary shall provide technical assist- ardous material in the State. packages transported to, opened and the con- ance to a State, political subdivision of a ‘‘(2) A regulation prescribed under this sec- tents examined and analyzed at a facility ap- State, or Indian tribe for carrying out emer- tion may not define or limit the amount of propriate for the conduct of this activity; gency response training and planning for an a fee a State may impose or collect. and accident or incident involving hazardous ma- ‘‘(b) EFFECTIVE DATE.—A regulation pre- ‘‘(F) when safety might otherwise be com- terial and shall coordinate the assistance scribed under this section takes effect one promised, authorize properly qualified per- using the existing coordinating mechanisms year after it is prescribed. The Secretary sonnel to assist in the activities conducted of the National Response Team and, for ra- may extend the one-year period for an addi- under this subsection. dioactive material, the Federal Radiological tional year for good cause. After a regulation ‘‘(2) An officer or employee acting under Preparedness Coordinating Committee.’’; is effective, a State may establish, maintain, this subsection shall display proper creden- (3) in subsection (g), by striking ‘‘Govern- or enforce a requirement related to the same tials when requested. ment grant’’ and inserting ‘‘Federal finan- subject matter only if the requirement is the ‘‘(3) For instances when, as a result of the cial assistance’’; same as the regulation. inspection or investigation, an imminent (4) by revising subsection (i) to read as fol- ‘‘(c) UNIFORMITY.—The Secretary shall de- hazard is not found to exist, the Secretary lows: velop a procedure to eliminate differences in shall develop procedures to assist in the safe ‘‘(i) EMERGENCY PREPAREDNESS FUND.—The how States carry out a regulation prescribed resumption of transportation of the package Secretary of the Treasury shall establish an under this section. or transport unit. Emergency Preparedness Fund account in ‘‘(d) INTERIM STATE PROGRAMS.—Pending ‘‘(d) EMERGENCY ORDERS.—(1) If, upon in- the Treasury into which the Secretary of the promulgation of regulations under this sec- spection, investigation, testing, or research, Treasury shall deposit amounts the Sec- tion, States may participate in a program of the Secretary determines that either a viola- retary of Transportation transfers to the uniform forms and procedures recommended tion of a provision of this chapter or a regu- Secretary of the Treasury under section by the Alliance for Uniform Hazmat Trans- lation issued under this chapter, or an unsafe 5108(g)(2)(C) of this title. Without further ap- portation Procedures.’’. condition or practice, constitutes or is caus- propriation, amounts in the account are SEC. 19. ADMINISTRATIVE. ing an imminent hazard, the Secretary may available— Section 5121 is revised to read as follows: issue or impose emergency restrictions, pro- ‘‘(1) to make grants under this section; ‘‘§ Sec. 5121. Administrative hibitions, recalls, or out-of-service orders, ‘‘(2) to monitor and provide technical as- without notice or the opportunity for a hear- ‘‘(a) GENERAL AUTHORITY.—To carry out sistance under subsection (f) of this section; ing, but only to the extent necessary to this chapter, the Secretary of Transpor- ‘‘(3) to publish and distribute the Emer- abate the imminent hazard. gency Response Guidebook; and tation may investigate, conduct tests, make ‘‘(4) to pay administrative costs of car- reports, issue subpoenas, conduct hearings, ‘‘(2) The Secretary’s action under para- rying out this section and sections 5108(g)(2) require the production of records and prop- graph (1) of this subsection shall be in a writ- and 5115 of this title, except that not more erty, take depositions, and conduct research, ten order describing the violation, condition than 10 percent of the amounts made avail- development, demonstration, and training or practice that is causing the imminent able from the account in a fiscal year to activities. Except as provided in subsections hazard, and stating the restrictions, prohibi- carry out these sections may be used to pay (c) and (d) of this section, the Secretary shall tions, recalls, or out-of-service orders issued those costs.’’; and provide notice and an opportunity for a hear- or imposed. The order also shall describe the (5) by striking subsection (k). ing prior to issuing an order directing com- standards and procedures for obtaining relief (b) Chapter 51 is amended by— pliance with this chapter or a regulation, from the emergency order. (1) revising the section heading for section order, special permit, or approval issued ‘‘(3) After taking action under paragraph 5116 to read ‘‘Planning and training grants; under this chapter. (1) of this subsection, the Secretary shall emergency preparedness fund’’; and ‘‘(b) RECORDS, REPORTS, PROPERTY, AND IN- provide an opportunity for review of that ac- (2) striking the item for section 5116 in the FORMATION.—A person subject to this chapter tion under section 554 of title 5, if a petition analysis of the chapter and inserting ‘‘5116. shall— for review is filed within 20 calendar days Planning and training grants; emergency ‘‘(1) maintain records, make reports, and after issuance of the order. preparedness fund.’’. provide property and information that the ‘‘(4) If a petition for review is filed and the SEC. 16. SPECIAL PERMITS AND EXCLUSIONS. Secretary by regulation or order requires; review is not completed by the end of the 30- (a) Section 5117 is amended— and day period beginning on the date the petition

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11628 CONGRESSIONAL RECORD — SENATE November 8, 2001 was filed, the action will cease to be effec- or requirement prescribed by the Secretary uniform regulation of hazardous material tive at the end of that period unless the Sec- is not an element of an offense under this transportation, eliminate inconsistent rules retary determines in writing that the emer- section. that apply differently than rules issued gency situation still exists. ‘‘(3) A separate violation occurs for each under this chapter, and promote the safe and ‘‘(5) For purposes of this subsection, ‘out- day the violation, committed by a person efficient movement of hazardous material in of-service order’ means a mandate that an that transports or causes to be transported commerce.’’; aircraft, vessel, motor vehicle, train, railcar, hazardous material, continues’’; and (2) in subsection (b), as redesignated, by— locomotive, other vehicle, transport unit, (2) by redesignating subsections (b) (A) striking ‘‘GENERAL.—Except as pro- transport vehicle, freight container, portable through (g) as subsections (c) through (h) vided in subsections (b), (c), and (e)’’ and in- tank, or other package not be moved until and inserting a new subsection (b) to read as serting ‘‘DUAL COMPLIANCE AND OBSTACLE specified conditions have been met. follows: TESTS.—Except as provided in subsections ‘‘(e) REGULATIONS.—The Secretary shall ‘‘(b) KNOWING VIOLATIONS.—In this section, (c), (d), and (g)’’; and issue regulations in accordance with section a person acts knowingly when— (B) in subparagraph (2), striking ‘‘carrying 553 of title 5, including an opportunity for in- ‘‘(1) the person has actual knowledge of the out this chapter or a regulation’’ and insert- formal oral presentation, to implement the facts giving rise to the violation; or ing ‘‘carrying out this chapter, the purposes authority in subsections (c) and (d) of this ‘‘(2) a reasonable person acting in the cir- of this chapter, or a regulation’’; section. cumstances and exercising reasonable care (3) in subsection (c), by— ‘‘(f) FACILITY, STAFF, AND REPORTING SYS- would have that knowledge.’’; (A) in subparagraph (1), striking ‘‘(c)’’ and TEM ON RISKS, EMERGENCIES, AND ACTIONS.— (3) in subsection (c), as redesignated, by inserting ‘‘(d)’’; (1) The Secretary shall— striking the first sentence and inserting the (B) revising subparagraph (1)(E) to read as ‘‘(A) maintain a facility and technical staff following: follows: sufficient to provide, within the United ‘‘The Secretary of Transportation may find ‘‘(E) the manufacturing, designing, in- States Government, the capability of evalu- that a person has violated this chapter, or a specting, testing, reconditioning, marking, ating a risk related to the transportation of regulation, order, special permit or approval or repairing of a packaging or packaging hazardous material and material alleged to issued under this chapter, only after notice component represented as qualified for use be hazardous; and an opportunity for a hearing.’’ ; and in transporting hazardous material in com- ‘‘(B) maintain a central reporting system (4) by revising subsection (e), as redesig- merce.’’; and and information center capable of providing nated, to read as follows: (C) in subparagraph (2), striking ‘‘after No- information and advice to law enforcement ‘‘(e) CIVIL ACTIONS TO COLLECT.—The At- vember 16, 1990’’; and firefighting personnel, other interested torney General may bring a civil action in (4) by striking subsection (f) and redesig- individuals, and officers and employees of an appropriate district court of the United nating subsections (g), (d), and (e) as sub- the United States Government and State, States to collect a civil penalty under this sections (e), (f), and (g); local and tribal governments on meeting an section and any accrued interest on that (5) in subsection (f), as redesignated, by emergency related to the transportation of penalty calculated in the manner described striking ‘‘subsection (a), (b)(1), or (c) of this hazardous material; and under section 2705 of title 33. In such action, section’’ and inserting ‘‘subsection (b), (c)(1), ‘‘(C) conduct a continuous review on all as- the validity, amount, and appropriateness of (d), or (e) of this section or subsection 5119(b) pects of transporting hazardous material to the civil penalty shall not be subject to re- of this chapter.’’, and by striking ‘‘in the decide on and take appropriate actions to en- view.’’. Federal Register’’; sure safe transportation of hazardous mate- (b) Section 5124 is revised to read as fol- (6) in subsection (g), as redesignated, by rial. lows: striking ‘‘subsection (a), (b)(1), or (c) of this ‘‘(2) Paragraph (1) of this subsection does section’’ and inserting ‘‘subsection (b), (c)(1), not prevent the Secretary from making a ‘‘§ 5124. Criminal penalty (d), or (e) of this section or subsection 5119(b) contract with a private entity for use of a ‘‘(a) GENERAL.—A person knowingly vio- of this chapter.’’; and supplemental reporting system and informa- lating section 5104(b) of this title or willfully (7) by adding new subsections (h) and (i) to tion center operated and maintained by the violating this chapter or a regulation, order, read as follows: contractor. special permit, or approval issued under this ‘‘(g) AUTHORITY FOR GRANTS, COOPERATIVE chapter, shall be fined under title 18, impris- ‘‘(h) INDEPENDENT APPLICATION OF EACH AGREEMENTS, AND OTHER TRANSACTIONS.—To oned for not more than 5 years, or both. STANDARD.—Each preemption standard in carry out this chapter, the Secretary may ‘‘(b) AGGRAVATED VIOLATIONS.—A person subsections (b), (c)(1), (d), and (e) of this sec- enter into grants, cooperative agreements, knowingly violating section 5104(b) of this tion and in section 5119(b) of this chapter is and other transactions with a person, agency chapter or willfully violating this chapter or independent in its application to a require- or instrumentality of the United States, a a regulation, order, special permit, or ap- ment of any State, political subdivision of a unit of State or local government, an Indian proval issued under this chapter, and thereby State, or Indian tribe. tribe, a foreign government (in coordination causing the release of a hazardous material, ‘‘(i) NONFEDERAL ENFORCEMENT STAND- with the Department of State), an edu- shall be fined under title 18, imprisoned for ARDS.—This section does not apply to proce- cational institution, or other entity to fur- not more than 20 years, or both. dure, penalty, or required mental state or ther the objectives of this chapter. The ob- ‘‘(c) KNOWING VIOLATIONS.—In this section, other standard used by a State, political sub- jectives of this chapter include the conduct a person acts knowingly when— division of a State, or Indian tribe to enforce of research, development, demonstration, ‘‘(1) the person has actual knowledge of the a requirement applicable to transportation risk assessment, and emergency response facts giving rise to the violation; or of a hazardous material.’’. planning and training activities.’’. ‘‘(2) a reasonable person acting in the cir- SEC. 23. RELATIONSHIP TO OTHER LAWS. SEC. 20. ENFORCEMENT. cumstances and exercising reasonable care Section 5126 is amended— Section 5122 is amended— would have that knowledge. (1) by revising subsection (a) to read as fol- (1) in subsection (a), by revising the last ‘‘(d) WILLFUL VIOLATIONS.—In this section, lows: sentence to read as follows: a person acts willfully when the person acts ‘‘(a) CONTRACTS.—A person under contract ‘‘The court may award appropriate relief, with intent. with a department, agency, or instrumen- including a temporary or permanent injunc- ‘‘(e) KNOWLEDGE OF REQUIREMENTS.— tality of the United States Government that tion, punitive damages, and assessment of Knowledge by a person of the existence of a transports hazardous material or causes haz- civil penalties considering the same penalty statutory provision, or a regulation or re- ardous material to be transported, or manu- amounts and factors as prescribed for the quirement prescribed by the Secretary, is factures, designs, inspects, tests, recondi- Secretary in an administrative case under not an element of an offense under this sec- tions, marks, or repairs a packaging or pack- section 5123 of this chapter.’’; and tion.’’. aging component represented as qualified for (2) in subparagraph (b)(1)(B), by striking (c) Section 46312 is amended— use in transporting hazardous material in ‘‘or ameliorate the’’ and inserting ‘‘or miti- (1) in subsection (a), by striking ‘‘under commerce shall comply with this chapter, gate the’’. this part’’ and inserting ‘‘under this part or regulations prescribed and orders issued SEC. 21. PENALTIES. under chapter 51 of this title’’; and under this chapter, and all other require- (a) Section 5123 is amended— (2) in subsection (b), by striking ‘‘by the ments of the United States Government, (1) by revising subsection (a) to read as fol- Secretary’’ and inserting ‘‘by the Secretary State and local governments, and Indian lows: under this part or under chapter 51 of this tribes (except a requirement preempted by a ‘‘(a) PENALTY.—(1) A person that know- title’’. law of the United States) in the same way ingly violates this chapter, or a regulation, SEC. 22. PREEMPTION. and to the same extent that any person en- order, special permit, or approval issued Section 5125 is amended— gaging in that transportation, manufac- under this chapter, is liable to the United (1) by redesignating subsections (a), (b), turing, designing, inspecting, testing, recon- States Government for a civil penalty of at and (c), as subsections (b), (c), and (d), and ditioning, marking, or repairing that is in or least $250 but not more than $100,000 for each adding a new subsection (a) to read as fol- affects commerce must comply with the pro- violation. lows: vision, regulation, order, or requirement.’’; ‘‘(2) Knowledge by the person of the exist- ‘‘(a) PURPOSES.—The Secretary shall exer- and ence of a statutory provision, or a regulation cise the authority in this section to achieve (2) in subsection (b), by—

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11629 (A) striking ‘‘title 18 or 39;’’ and inserting ‘‘(4) To carry out section 5116(b) of this ‘‘(B) a reasonable person acting in the cir- ‘‘title 18 or 39; or’’ in paragraph (2); and title, $7,800,000 shall be available to the Sec- cumstances and exercising reasonable care (B) adding a new paragraph (3) to read as retary for fiscal year 2002, and such amounts would have that knowledge. follows: as may be necessary for fiscal years 2003 ‘‘(2) Knowledge by the person of the exist- ‘‘(3) marine transportation of hazardous through 2007. ence of a statutory provision, or a regulation material subject to regulation under title 33 ‘‘(5) To carry out section 5116(f) of this or requirement prescribed by the Postal or 46.’’. title, $150,000 shall be available to the Sec- Service is not an element of an offense under SEC. 24. JUDICIAL REVIEW. retary for fiscal year 2002, and such amounts this section. (a) Chapter 51 is amended by redesignating as may be necessary for fiscal years 2003 ‘‘(3) A separate violation occurs for each section 5127 as section 5128, and by inserting through 2007. day a hazardous material, mailed or caused after section 5126 the following new section: ‘‘(6) To publish and distribute the Emer- to be mailed in noncompliance with this sec- ‘‘§ 5127. Judicial review gency Response Guidebook, $500,000 shall be tion or a regulation issued under this sec- ‘‘(a) FILING AND VENUE.—Except as pro- available to the Secretary for fiscal year tion, is in the mail. vided in section 20114(c) of this title, a person 2002, and such amounts as may be necessary ‘‘(4) A separate violation occurs for each suffering legal wrong or adversely affected or for fiscal years 2003 through 2007. item containing a hazardous material that is aggrieved by a final action of the Secretary ‘‘(7) To carry out section 5107(e) of this mailed or caused to be mailed in noncompli- of Transportation under this chapter may title, such amounts as may be necessary are ance with this section or a regulation issued petition for review of the final action in the authorized to be appropriated to the Sec- under this section. ‘‘(d) HEARING REQUIREMENT.—The Postal United States Court of Appeals for the Dis- retary for each of fiscal years 2002 through Service may find that a person has violated trict of Columbia or in the court of appeals 2007. this section or a regulation issued under this for the United States for the circuit in which ‘‘(8) To carry out section 5116(i)(4) of this section only after notice and an opportunity the person resides or has its principal place title, $400,000 shall be available to the Sec- for a hearing. Under this section, the Postal of business. The petition must be filed not retary for fiscal year 2002, and such amounts Service shall impose a penalty and recover more than 60 days after the Secretary’s ac- as may be necessary for fiscal years 2003 clean-up costs and damages by giving the tion becomes final. through 2007. person written notice of the amount of the ‘‘(b) JUDICIAL PROCEDURES.—When a peti- ‘‘(c) CREDITS TO APPROPRIATIONS.—The Sec- penalty, clean-up costs, and damages. tion is filed under subsection (a) of this sec- retary of Transportation may credit to any ‘‘(e) PENALTY CONSIDERATIONS.—In deter- tion, the clerk of the court immediately appropriation to carry out this chapter an amount received from a State, Indian tribe, mining the amount of a civil penalty under shall send a copy of the petition to the Sec- this section, the Postal Service shall con- retary. The Secretary shall file with the or other public authority or private entity for expenses the Secretary incurs in pro- sider— court a record of any proceeding in which ‘‘(1) the nature, circumstances, extent, and the final action was issued, as provided in viding training to the State, authority, or entity. gravity of the violation; section 2112 of title 28. ‘‘(2) with respect to the person who com- ‘‘(c) AUTHORITY OF COURT.—The court has ‘‘(d) AVAILABILITY OF AMOUNTS.—Amounts mitted the violation, the degree of culpa- exclusive jurisdiction, as provided in the Ad- available under this section remain available bility, any history of prior violations, the ministrative Procedure Act, 5 U.S.C. 551 et until expended.’’. ability to pay, and any effect on the ability seq., to affirm, amend, modify, or set aside SEC. 26. POSTAL SERVICE CIVIL PENALTY AU- to continue in business; any part of the Secretary’s final action and THORITY. ‘‘(3) the impact on postal operations; and may order the Secretary to conduct further (a) Section 3001 of title 39, United States ‘‘(4) other matters that justice requires. proceedings. Findings of fact by the Sec- Code, is amended by adding a new subsection ‘‘(f) CIVIL ACTIONS TO COLLECT.—(1) In ac- retary, if supported by substantial evidence, (o) as follows: ‘‘(o)(1) Except as permitted by law and cordance with section 409(d) of this title, the are conclusive. Department of Justice or the Postal Service ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.— Postal Service regulation, hazardous mate- may commence a civil action in an appro- In reviewing a final action under this sec- rial is nonmailable. priate district court of the United States to tion, the court may consider an objection to ‘‘(2) For purposes of this section, the term collect a civil penalty, clean-up costs, or a final action of the Secretary only if the ob- ‘hazardous material’ means a substance or material the Secretary of Transportation damages assessed under this section. In such jection was made in the course of a pro- action, the validity, amount, and appro- ceeding or review conducted by the Sec- designates under section 5103(a) of title 49.’’. (b) Chapter 30 of title 39, United States priateness of the civil penalty, clean-up retary or if there was a reasonable ground costs, or damages shall not be subject to re- for not making the objection in the pro- Code, is amended by adding a new section 3018 at the end as follows: view. ceeding.’’. ‘‘(2) The Postal Service may compromise (b) CONFORMING AMENDMENT.—The chapter ‘‘§ 3018. Hazardous material; civil penalty the amount of a civil penalty, clean-up costs, analysis for chapter 51 is amended by strik- ‘‘(a) REGULATIONS.—The Postal Service or damages assessed under this section be- ing the item related to section 5127 and in- shall prescribe regulations for the safe trans- fore civil action is taken to collect the pen- serting the following: portation of hazardous material in the mail. alty, costs, or damages. ‘‘5127. Judicial review. ‘‘(b) HAZARDOUS MATERIAL IN THE MAIL.— ‘‘(g) CIVIL JUDICIAL PENALTIES.—At the re- ‘‘5128. Authorization of appropriations.’’. No person may— quest of the Postal Service, the Attorney SEC. 25. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) mail or cause to be mailed a hazardous General may bring a civil action in an appro- Section 5128, as redesignated by section 24 material that has been declared by statute priate district court of the United States to of this Act, is amended to read as follows: or Postal Service regulation to be non- enforce this chapter or a regulation pre- ‘‘§ 5128. Authorization of appropriations mailable; scribed or order issued under this chapter. ‘‘(a) GENERAL.—To carry out this chapter ‘‘(2) mail or cause to be mailed a hazardous The court may award appropriate relief, in- (except sections 5107(e), 5108(g), 5112, 5113, material in violation of any statute or Post- cluding a temporary or permanent injunc- 5115, 5116, and 5119), not more than $21,217,000 al Service regulation restricting the time, tion, punitive damages, and assessment of is authorized to be appropriated to the Sec- place, or manner in which a hazardous mate- civil penalties considering the same penalty retary of Transportation for fiscal year 2002; rial may be mailed; or amounts and factors as prescribed for the and such sums as may be necessary are au- ‘‘(3) manufacture, distribute, or sell any Postal Service in an administrative case thorized to be appropriated to the Secretary container, packaging kit, or similar device under this section. for fiscal years 2003 through 2007. that— ‘‘(h) DEPOSITING AMOUNTS COLLECTED.— ‘‘(b) EMERGENCY PREPAREDNESS FUND.— ‘‘(A) is represented, marked, certified, or Amounts collected under this section shall There shall be available from the Emergency sold by such person for use in the mailing of be paid into the Postal Service Fund estab- Preparedness Fund account the following: a hazardous material; and lished by section 2003 of this title.’’. (c) CONFORMING AMENDMENT.—The chapter ‘‘(1) To carry out section 5116(j) of this ‘‘(B) fails to conform with any statute or analysis for chapter 30 of title 39, United title, $250,000 shall be available to the Sec- Postal Service regulation setting forth States Code, is amended by adding the fol- retary for fiscal year 2002, and such amounts standards for a container, packaging kit, or lowing: as may be necessary for fiscal years 2003 similar device used for the mailing of a haz- through 2007. ardous material. ‘‘3018. Hazardous material; civil penalty.’’. ‘‘(2) To carry out section 5115 of this title, ‘‘(c) CIVIL PENALTY.— Mr. MCCAIN. Madam President, I am $200,000 shall be available to the Secretary ‘‘(1) A person that knowingly violates this pleased to join Chairman HOLLINGS in for fiscal year 2002, and such amounts as may section or a regulation issued under this sec- introducing the Hazardous Materials be necessary for fiscal years 2003 through tion is liable to the Postal Service for a civil Transportation Safety reauthorization 2007. penalty of at least $250 but not more than Act of 2001 at the request of the Admin- ‘‘(3) To carry out section 5116(a) of this $100,000 for each violation, and for any clean- title, $5,000,000 shall be available to the Sec- up costs and damages. A person acts know- istration. This measure is a good start retary for fiscal year 2002, and such amounts ingly when— toward improving and strengthening as may be necessary for fiscal years 2003 ‘‘(A) the person has actual knowledge of the safe and secure transport of our na- through 2007. the facts giving rise to the violation; or tion’s hazardous materials. In addition

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11630 CONGRESSIONAL RECORD — SENATE November 8, 2001 to authorizing funding for hazardous materials including hazardous mate- Whereas the United States and India, the materials transportation safety pro- rials handling and shipments, the de- world’s two largest democracies, are natural grams, this legislation addresses con- velopment of container standards and allies, based on their shared values and com- cerns arising since the attacks of Sep- testing procedures, the inspection and mon interests in building a stable, peaceful, and prosperous world in the 21st century; tember 11. Among other things, this enforcement of multimodal shippers Whereas from the very day that the ter- bill would strengthen the authority of and container manufacturers, and for rorist attacks in New York and Washington Department of Transportation (DOT) data collection. This legislation would occurred, India has expressed its condolences inspectors to inspect packages being provide authority to RSPA to continue for the terrible losses, its solidarity with the transported, and provide those inspec- its hazardous materials safety activi- American people, and its pledge of full co- tors with the authority to stop unsafe ties. In addition, the measure would operation in the campaign against inter- transportation. This measure would grant the United States Postal Service national terrorism; also increase the maximum civil pen- (USPS) similar authority to DOT and Whereas India, which has been on the front alty for violations of hazardous mate- lines in the fight against international ter- its agencies to collect civil penalties rorism for many years, directly shares Amer- rials regulations from $27,500 to and recover costs and damages for vio- ica’s grief over the terrorist attacks against $100,000. It would expand the require- lations of its hazardous materials regu- the United States on September 11, 2001, with ments for training persons involved in lations. the number of missing Indian nationals and the transportation of hazardous mate- With this bill, jurisdiction between persons of Indian origin estimated at 250; rials and strengthen the enforcement the DOT and the Occupational Safety Whereas the United States and India are authority of State enforcement offi- and Health Administration (OSHA) engaged as partners in a global coalition to cials. would be clarified as it pertains to haz- combat the scourge of international ter- The hazardous materials transpor- rorism, a partnership that began well before ardous materials transportation. Dual the tragic events of September 11, 2001; tation safety program reauthorization jurisdiction over handling criteria reg- Whereas cooperation between India and the is long overdue. The most recent au- istration, and motor carrier safety United States extends beyond the current thorization expired September 30, 1998. would be eliminated, leaving DOT with international campaign against terrorism, Since then, attempts at reauthoriza- sole jurisdiction over these programs. and has been steadily developing over recent tion have failed due to objections with- Hazardous materials transportation years in such areas as preserving stability in Congress and an inability to reach employee training and occupational and growth in the global economy, pro- an agreement on certain proposals with safety and health protection of employ- tecting the environment, combating infec- the former administration. Now, how- tious diseases, and expanding trade, espe- ees responding to a release of haz- cially in emerging knowledge-based indus- ever, it is appropriate to attempt to ardous materials would remain under tries and high technology areas; and move forward and address identified the jurisdiction of both DOT and Whereas more than 1,000,000 Americans of safety problems and improve safety for OSHA. Indian heritage have contributed immeas- all Americans. I am hopeful that the I hope this Congress will act expedi- urably to American society: Now, therefore, Senate will act quickly to take the tiously to approve comprehensive haz- be it necessary action to improve hazardous ardous materials transportation safety Resolved by the Senate (the House of Rep- materials transportation safety before resentatives concurring), That it is the sense legislation. We simply cannot afford of Congress— we are forced to respond to another at- another missed opportunity to address (1) to welcome the Prime Minister of India, tack making use of our nation’s trans- transportation safety shortcomings. Atal Bihari Vajpayee, to the United States; portation system. We must do all we can to ensure the (2) to express profound gratitude to the Annually, more than four billion tons safe transport of these materials, in- Government of India for its expressions of of hazardous materials—about 800,000 cluding providing the needed resources sympathy for the September 11, 2001, ter- shipments daily—are transported by to the agencies charged with oversight rorist attacks and its demonstrated willing- land, sea, and air in the United States. of this industry. The Administration is ness to fully cooperate with the United States in the campaign against terrorism; Among these materials are flammable correct in asking Congress to address liquids, combustible solids, gases, and and hazardous materials transportation re- (3) to pledge commitment to the continued corrosive materials. Despite the wide authorization. I will be working with expansion of friendship and cooperation be- variety and amount of shipments, the Chairman HOLLINGS and look forward tween the United States and India. hazardous materials transportation in- to hearings in the near future to ad- f dustry has a notable safety record, due dress this important reauthorization AMENDMENTS SUBMITTED AND in large part to the safety efforts of the proposal. individuals and companies involved in PROPOSED f transporting these materials. In 1999, SA 2114. Mr. SMITH, of New Hampshire for instance, there were five hazardous SUBMITTED RESOLUTIONS proposed an amendment to the bill S. 1428, to materials related fatalities, down from authorize appropriations for fiscal year 2002 thirteen in 1998 and twelve in 1997. for intelligence and intelligence-related ac- SENATE CONCURRENT RESOLU- However, in light of the attacks of Sep- tivities of the United States Government, TION 81—EXPRESSING THE the Community Management Account of the tember 11, it is more important than SENSE OF CONGRESS TO WEL- Director of Central Intelligence, and the ever to reauthorize this important pro- COME THE PRIME MINISTER OF Central Intelligence Agency Retirement and gram. Reauthorization should include INDIA, ATAL BIHARI VAJPAYEE, Disability System, and for other purposes. new authority for enforcement officials SA 2115. Mr. GRAHAM proposed an amend- ON THE OCCASION OF HIS VISIT and clarify existing authority for the ment to amendment SA 2114 submitted by TO THE UNITED STATES, AND TO federal agencies that administer the Mr. Smith, of NH and intended to be pro- AFFIRM THAT INDIA IS A VAL- posed to the bill (S. 1428) supra. programs responsible for hazardous UED FRIEND AND PARTNER AND SA 2116. Mr. GRAHAM proposed an amend- materials transportation safety. ment to the bill S. 1428, supra. The Federal Government has four AN IMPORTANT ALLY IN THE f roles related to hazardous materials CAMPAIGN AGAINST INTER- transportation: regulation, enforce- NATIONAL TERRORISM TEXT OF AMENDMENTS ment, emergency response, and data Mr. BIDEN (for himself, Mr. HELMS, SA 2114. Mr. SMITH of New Hamp- collection and analysis. The DOT per- Mr. WELLSTONE, Mr. BROWNBACK, Mr. shire proposed an amendment to the forms the largest role of establishing SARBANES, Mr. TORRICELLI, Mr. bill S. 1428, to authorize appropriations and enforcing Hazmat regulations, DASCHLE, Mr. ALLEN, Mr. DODD, and for fiscal year 2002 for intelligence and while the Research and Special Pro- Mr. KERRY) submitted the following intelligence-related activities of the gram Administration (RSPA), and to a concurrent resolution; which was con- United States Government, the Com- lesser extent other agencies within the sidered and agreed to: munity Management Account of the Department, are charged with more S. CON. RES. 81 Director of Central Intelligence, and specific roles. Whereas Congress is pleased to welcome the Central Intelligence Agency Re- RSPA is responsible for the regula- the Prime Minister of India, Atal Bihari tirement and Disability System, and tion and identification of hazardous Vajpayee, on his visit to the United States; for other purposes; as follows:

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11631 At the appropriate place in the bill, insert fiscal year 2002 for intelligence and in- p.m., on the nomination of Vice Admi- the following: telligence-related activities of the ral Conrad C. Lautenbacher, Jr., to be SEC. ll. ALIEN TERRORIST REMOVAL ACT OF United States Government, the Com- Under Secretary for Oceans and Atmos- 2001 munity Management Account of the phere and Administrator of the Na- (a) SHORT TITLE÷.—This section may be cited as the ‘‘Alien Terrorist Removal Act of Director of Central Intelligence, and tional Oceanic and Atmospheric Ad- 2001’’. the Central Intelligence Agency Re- ministration. (b) FINDINGS.—Congress makes the fol- tirement and Disability System, and The PRESIDING OFFICER. Without lowing findings: for other purposes; as follows: objection, it is so ordered. (1) In 1993, international terrorists tar- Strike all after the word ‘‘sec’’ and insert COMMITTEE ON ENVIRONMENT AND PUBLIC geted and bombed the World Trade Center in the following: WORKS New York City. Section 504 of the Immigration and Nation- Mr. GRAHAM. Mr. President, I ask (2) In 1996, Congress enacted the ality Act (8 U.S.C. 1534) is amended by add- unanimous consent that the full Com- Antiterrorism and Effective Death Penalty ing the following subsection after subsection mittee on Environment and Public Act, which established the Alien Terrorist (k): Works be authorized to meet on Thurs- Removal Court for the purpose of removing ‘‘(L) No later than 3 months from the date day, November 8, 2001, at 2 p.m., to con- alien terrorists from the United States based of enactment of this act, the Attorney Gen- on classified information. eral shall submit a report to Congress con- duct a business meeting in SD–406 on (3) On May 28, 1997, the Court adopted cerning the effect and efficacy of Alien Ter- the following items: ‘‘Rules for the Alien Terrorist Removal rorist Removal proceedings, including the 1. Nomination of William W. Baxter Court of the United States’’ which was later reasons why proceedings pursuant to this to be a Member of the Board of Direc- amended on January 4, 1999. section have not been used by the Attorney tors of the Tennessee Valley Author- (4) The Court is comprised of 5 United General in the past, and the effect on the use ity; States District Judges who are designated by of these proceedings after the enactment of 2. Nomination of Kimberly Terese the Chief Justice of the United States to the U.S.A. PATRIOT Act of 2001. Nelson to be an Assistant Adminis- hear cases in which the United States seeks trator of the Office of Environmental the removal of alien terrorists. Mr. GRAHAM proposed an SA 2116. Information, U.S. Environmental Pro- (5) On September 11, 2001, terrorists hi- amendment to the bill S. 1428, to au- jacked 4 civilian aircraft, crashing 2 of the tection Agency; and thorize appropriations for fiscal year 3. Nomination of Steven A. Williams aircraft into the towers of the World Trade 2002 for intelligence and intelligence- Center in the New York City, and a third to be Director of the United States into the Pentagon outside Washington, D.C. related activities of the United States Fish and Wildlife Service, U.S. Depart- (6) Thousands of innocent Americans and Government, the Community Manage- ment of the Interior. citizens of other countries were killed or in- ment Account of the Director of Cen- 4. S. 835—Detroit River International jured as a result of these attacks, including tral Intelligence, and the Central Intel- Wildlife Refuge Establishment Act; the passengers and crew of the 4 aircraft, ligence Agency Retirement and Dis- 5. S. 990—American Wildlife Enhance- workers in the World Trade center and in the ability System, and for other purposes; ment Act of 2001; Pentagon, rescue worker, and bystanders. as follows: 6. S. 1459—a bill to designate the Fed- (7) These attacks destroyed both towers of Insert at the appropriate place in the bill: the World Trade Center, as well as adjacent eral building and United States Court- The DCI shall provide, prior to conference, buildings, and seriously damaged the Pen- house located at 550 West Front Street any technical modifications to existing legal tagon. in Boise, Idaho, as the ‘‘James A. authorities needed to facilitate Intelligence (8) These attacks were by fair the deadliest McClure Federal Building and United Community counterterrorism efforts. terrorist attacks ever launched against the States Courthouse’’; United States and, by targeting symbols of f 7. S. 1593—Water Infrastructure Secu- America, clearly were intended to intimidate AUTHORITY FOR COMMITTEES TO rity and Research Development Act; our Nation and weaken its resolve. MEET 8. S. 1608—a bill to establish a pro- (9) As of September 11, 2001, the United gram to provide grants to drinking States had not brought any cases before the COMMITTEE ON AGRICULTURE, NUTRITION, AND water and wastewater facilities to Alien Terrorist Removal Court. FORESTRY (10) The Court has never been used because Mr. GRAHAM. Mr. President, I ask meet immediate security needs; 9. S. 1621—a bill to amend the Robert the United States is required to submit for unanimous consent that the Com- T. Stafford Disaster Relief and Emer- judicial approval an unclassified summary of mittee on Agriculture, Nutrition, and gency; Assistance Act to authorize the the classified evidence against the alien. If Forestry be authorized to meet during too general, this summary will be dis- President to carry out a program for the session of the Senate on Thursday, approved by the Judge. If too specific, this the protection of the health and safety November 8, 2001. The purpose of this summary will compromise the underlying of community members, volunteers, hearing will be to continue markup on classified information. and workers in a disaster area; (11) The notice provisions of the Alien Ter- the next Federal farm bill. 10. S. 1622—a bill to extend the period rorist Removal Court should be modified to The PRESIDING OFFICER. Without of availability of unemployment assist- remove the barrier to the Justice Depart- objection, it is so ordered. ment’s effective use of the Court. ance under the Robert T. Stafford Dis- COMMITTEE ON ARMED SERVICES (c) ALIEN TERRORIST REMOVAL HEARING.— aster Relief and Emergency Assistance Section 504(e)(3) of the Immigration and Na- Mr. GRAHAM. Mr. President, I ask Act in the case of the terrorist attacks tionality Act (8 U.S.C. 1534(e)(3)) is amend- unanimous consent that the Com- of September 11, 2001; ed— mittee on Armed Services be author- 11. S. 1623—a bill to amend the Rob- (1) by striking ‘‘(A) USE.—’’. ized to meet during the session of the ert T. Stafford Disaster Relief and (2) by striking ‘‘other than through ref- Senate on Thursday, November 8, 2001, Emergency Assistance Act to direct erence to the summary provided pursuant to at 9:30 a.m., in open session to consider the President to appoint Children’s Co- this paragraph’’; and the nominations of R.L. Brownlee to be (3) by striking subparagraphs (B) through ordinating Officers for disaster areas in (F). under Secretary of the Army, Dale which children have lost 1 or more cus- (d) REPORTS TO CONGRESS.—Beginning 6 Klein to be Assistant to the Secretary todial parents; months after the date of enactment of this of Defense for nuclear and Chemical 12. S. 1624—a bill to establish the Of- Act, and every 6 months thereafter, the At- and Biological Defense Programs, and fice of World Trade Center Attack torney General shall submit a report to Con- Peter B. Teets to be Under Secretary of Claims to pay claims of injury to busi- gress on the utilization of the Alien Ter- the Air Force. nesses and property suffered as a result rorist Removal Court for the purposes of re- The PRESIDING OFFICER. Without of the attack on the World Trade Cen- moving alien terrorists from the United objection, it is so ordered. States through the use of classified informa- ter in New York City that occurred on tion. COMMITTEE ON COMMERCE, SCIENCE, AND September 11, 2001, and for other pur- TRANSPORTATION. poses; SA 2115. Mr. GRAHAM proposed an Mr. GRAHAM. Mr. President, I ask 13. S. 1631—a bill to amend the Rob- amendment to amendment SA 2114 sub- unanimous consent that the Com- ert T. Stafford Disaster Relief and mitted by Mr. SMITH, of NH and in- mittee on Commerce, Science, and Emergency Response Assistance Act to tended to be proposed to the bill (S. Transportation be authorized to meet Study of Emergency Communications 1428) to authorize appropriations for on Thursday, November 8, 2001, at 2:30 Response System;

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11632 CONGRESSIONAL RECORD — SENATE November 8, 2001 14. S. 1632—a bill to amend the Rob- COMMITTEE ON FOREIGN RELATIONS Kathleen McGhee, Don Mitchell, Ken ert T. Stafford Disaster Relief and Ms. MIKULSKI. Mr. President, I ask Myers, Don Stone, Linda Taylor, Emergency Assistance Act to extend unanimous consent that the Com- Tracye Winfrey, James Wolfe, and the deadline for submission of State mittee on Foreign Relations be author- Amanda Krohn. recommendations of local governments ized to meet during the session of the The ACTING PRESIDENT pro tem- to receive assistance for predisaster Senate on Thursday, November 8, 2001, pore. Without objection, it is so or- hazard mitigation and to authorize the after the next rollcall vote to hold a dered. President to provide additional repair business meeting. Ms. MIKULSKI. Mr. President, I ask assistance to individuals and house- The Committee will consider and unanimous consent that Joel Widder, a holds. vote on the following nominees: Sichan detailee to the Appropriations Com- 15. S. 1637—a bill to waive certain Siv, of Texas, to be Representative of mittee, be granted the privilege of the limitations on the use of the emer- the United States of America on the floor during the consideration of the gency fund for repair or reconstruction Economic and Social Council of the VA–HUD conference report. of highways, roads, and trails that suf- United Nations and an Alternative The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- fered serious damage as a result of the Representative to the Session of the dered. September 11 attack on the World General Assembly of the United Na- Trade Center; tions during his tenure of service as f 16. H.R. 643—African Elephant Con- Representative of the United States of EXECUTIVE SESSION servation Reauthorization Act of 2001; America on the Economic and Social 17. H.R. 645—Rhinoceros and Tiger Council of the United Nations, and Conservation Reauthorization Act of Richard Williamson, of Illinois, to be EXECUTIVE CALENDAR 2001; Alternate Representative of the United Mr. REID. Madam President, I ask 18. H.R. 700—Asian Elephant Con- States of America for Special Political unanimous consent the Senate proceed servation Reauthorization Act of 2001; Affairs in the United Nations and to be to executive session to consider the 19. S. Con. Res. 80—Expressing the the Alternate U.S. Representative to nominations reported out earlier today sense of Congress regarding the 30th the Sessions of the General Assembly by the Armed Services Committee, Anniversary of the Enactment of the of the United Nations. that the nominations be confirmed, the Federal Water Pollution Control Act; The PRESIDING OFFICER. Without motion to reconsider be laid on the 20. U.S. Army Corps of Engineers objection, it is so ordered. table, that any statements thereon be Study Resolution for Tybee Island, COMMITTEE ON THE JUDICIARY printed in the RECORD, and the Presi- Georgia; and Mr. GRAHAM. Mr. President, I ask dent be immediately notified of the 21. Several GSA Building and Lease unanimous consent that the Com- Senate’s action. The PRESIDING OFFICER (Ms. STA- Committee Resolutions. mittee on the Judiciary be authorized BENOW). Without objection, it is so or- The PRESIDING OFFICER. Without to meet to conduct a markup on Thurs- objection, it is so ordered. dered. day, November 8, 2001, at 10 a.m., in The nominations considered and con- COMMITTEE ON FINANCE Dirksen Room 226. Mr. GRAHAM. Mr. President, I ask firmed are as follows: unanimous consent that the Com- Tentative Agenda DEPARTMENT OF DEFENSE mittee on Finance be authorized to 1. Nominations: Terry L. Wooten to Dale Klein, of Texas, to be Assistant to the meet in open executive session during be U.S. District Court Judge for the Secretary of Defense for Nuclear and Chem- ical and Biological Defense Programs. the session of the Senate on Thursday, District of South Carolina and John P. Mary L. Walker, of California, to be Gen- November 8, 2001. Walters to be Director of the Office of eral Counsel of the Department of the Air The PRESIDING OFFICER. Without National Drug Control Policy. Force. objection, it is so ordered. II. Bills: S. 1630, a bill to extend for 6 R. L. Brownlee, of Virginia, to be Under COMMITTEE ON FOREIGN RELATIONS additional months the period for which Secretary of the Army. chapter 12 of title 11, United States Marvin R. Sambur, of Indiana, to be an As- Mr. GRAHAM. Mr. President, I ask sistant Secretary of the Air Force. unanimous consent that the Com- Code, is reenacted [Carnahan/Grassley/ Sandra L. Pack, of Maryland, to be an As- mittee on Foreign Relations be author- Leahy/Bond/Harkin/Sessions/Brown- sistant Secretary of the Army. ized to meet during the session of the back] and S. 986, a bill to allow media NOMINATION OF R.L. BROWNLEE Senate on Thursday, November 8, 2001, coverage of court proceedings [Grass- Mr. REID. Madam President, present at 10 a.m., to hold a nomination hear- ley/Schumer/Leahy/Smith/Allard/Fein- today is Senator WARNER, former ing. gold/Specter]. chairman of the Armed Services Com- III. Resolution: S. Res. 23, A resolu- Agenda mittee. Also momentarily will be here tion expressing the sense of the Senate the present chairman of the Armed Nominees: Eric Javits, of New York, that the President should award the Services Committee, Senator LEVIN. for the rank of Ambassador during his Presidential Medal of Freedom post- They wish to speak in just a short time tenure of service as U.S. Representa- humously to Dr. Benjamin Elijah Mays on the nomination of Mr. Brownlee to tive to the Conference on Disar- in honor of his distinguished career as be Under Secretary of the Army. mament; Christopher Burnham, of Con- an educator, civil and human rights I had the pleasure of working with necticut, to be Chief Financial Officer leader, and public theologian [Cleland/ him during the time Senator WARNER and an Assistant Secretary of State Miller/Hollings]. was chairman and Senator LEVIN was (Resource Management); Sichan Siv, of The PRESIDING OFFICER. Without chairman on the matters of this bill. Texas, to be Representative of the objection, it is so ordered. He has been an integral part of moving United States of America on the Eco- f these armed services bills. nomic and Social Council of the United I, as a Democrat, depended on him, Nations and an Alternate Representa- PRIVILEGES OF THE FLOOR he representing the Republican leader tive to the Session of the General As- Mr. GRAHAM. Mr. President, I ask on the Armed Services Committee. I sembly of the United Nations during unanimous consent that the following just can’t say enough nice things about his tenure of service as Representative list of staff members of the Senate Se- him. I know Senator WARNER and Sen- of the United States of America on the lect Committee on Intelligence be ator LEVIN will say more at the appro- Economic and Social Council of the granted the privilege of the floor dur- priate time. United Nations; and Richard ing consideration of S. 1428: Jim NOMINATION DISCHARGED Williamson, of Illinois, to be Alternate Barnett, Randy Bookout, Steven Cash, Mr. REID. Madam President, I ask Representative of the United States of Thomas Corcoran, Paula DeSutter, unanimous consent the Senate proceed America for Special Political Affairs in Vicki Divoll, F.F., Peter Dorn, Melvin to the consideration of Executive Cal- the United Nations. Dubee, Christopher Ford, Lorenzo endar No. 436, that the HELP Com- The PRESIDING OFFICER. Without Goco, Christopher Jackson, Ken John- mittee be discharged from further con- objection, it is so ordered. son, Mary Pat Lawrence, Mark Magee, sideration of the nomination of

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11633 Federico Juarbe, Jr., to be Assistant leaders be reserved for their use later While I came up sort of through the Secretary of Labor for Veterans Em- in the day, and the Senate be in a pe- political ranks, he came up through ployment and Training; that the nomi- riod of morning business, with Sen- the ranks as a professional soldier and nations be confirmed, the motions to ators permitted to speak for 10 minutes 18 years of service to the Senate. It was reconsider be laid on the table, any each. on those qualifications that I was priv- statements be printed in the RECORD, The PRESIDING OFFICER. Without ileged to recommend him to the Presi- and the President be immediately noti- objection, it is so ordered. dent. The recommendation was accept- fied of the Senate’s action and the Sen- f ed and tonight he was confirmed by the ate return to legislative session. Senate. ORDER FOR ADJOURNMENT The PRESIDING OFFICER. Without It is an important day for Les objection, it is so ordered. Mr. REID. Madam President, if there Brownlee. It is an important day for The nominations considered and con- is no further business to come before the Senate and for our committee. I firmed are as follows: the Senate, I ask the Senate stand in may say that his son, John, and his DEPARTMENT OF JUSTICE adjournment after the statements of daughter, Tracy, and other family Senators WARNER and LEVIN. members are present at this time. Jay B. Stephens, of Virginia, to be Asso- Les has a distinguished career in the ciate Attorney General. The PRESIDING OFFICER. Without objection, it is so ordered. U.S. Army. He served in Vietnam. Our DEPARTMENT OF LABOR The senior Senator from Virginia. periods somewhat overlapped. For 5 Frederico Juarbe, Jr., of Virginia, to be As- f years and 4 months I was in the Pen- sistant Secretary of Labor for Veterans’ Em- tagon. During that period, or prior ployment and Training. NOMINATION OF R.L. BROWNLEE thereto, Les won the Silver Star with f OF VIRGINIA TO BE UNDER SEC- Oakleaf Cluster. That means two Silver LEGISLATIVE SESSION RETARY OF THE ARMY Stars. He won the Bronze Star with two Oakleaf Clusters. That means The PRESIDING OFFICER. Under Mr. WARNER. I express my apprecia- three Bronze Stars. And, he won the the previous order, the Senate will re- tion to our distinguished acting major- Purple Heart. sume legislative session. ity leader tonight for his courtesy. Senator LEVIN has now joined me on Les and I have a very close personnel f the floor. I defer to the chairman to relationship. We’ve traveled the world WELCOMING PRIME MINISTER OF lead off. together on behalf of the Senate Armed INDIA ATAL BIHARI VAJPAYEE Mr. LEVIN. I think it is particularly Services Committee. There are times appropriate, given the very special re- when we have strongly disagreed on Mr. REID. Madam President, I ask subjects. At those times, we go into a unanimous consent the Senate proceed lationship Senator WARNER has had in particular with Les Brownlee, for him room; he takes off his colonel’s insig- to immediate consideration of S. Con. nia and I take off the U.S. Senate in- Res. 81, introduced earlier today by to lead off. I will just add a few com- ments to what the Senator says. signia, and we have at it. Most often Senators BIDEN and HELMS. we reach a mutual decision. Occasion- The PRESIDING OFFICER. Without Mr. WARNER. I thank my good friend and chairman, Mr. LEVIN. We ally, Judy Ansley, who moves up from objection, it is so ordered. The clerk Deputy to Staff Director, has arbi- will report the concurrent resolution have served 23 years together, and throughout this day we met four or trated our disputes. Nevertheless, by title. we’ve had a marvelous relationship in The legislative clerk read as follows: five times on the conference report and other matters. It is an extraordinary which he’s given me the unvarnished A concurrent resolution (S. Con. Res. 81) opportunity to serve America with truth and advice. expressing the sense of Congress to welcome Les Brownlee’s record and knowledge such fine people as Senator LEVIN, Sen- the Prime Minister of India, Atal Bihari about the Department of the Army is ator REID, and others. Vajpayee, on the occasion of his visit to the second to none. It is extraordinary. He United States, and to affirm that India is a Anyway, to the matter at hand. valued friend and partner and an important Madam President, I will start off. I returns to the service of the Army, an ally in the campaign against international wish to address the Senate with regard organization for which he expressed his terrorism. to the nomination by the President of love today in those very words, at a There being no objection, the Senate the United States, of Colonel Les time when the Army is going through a very significant period of transition— proceeded to consider the concurrent Brownlee, United States Army, Re- transitioning in a manner to recognize resolution. tired. the changed world in which we live. Mr. REID. I ask unanimous consent I cannot in words express my grati- That world was beginning to change that the concurrent resolution be tude to this wonderful American for his long before September 11 of this year. agreed to, the preamble be agreed to, service to the Senate, to the Com- Our committee has been working the motion to reconsider be laid on the mittee on the Armed Services, and to with the previous Secretaries of the table, and any statements be printed in me personally over these 18 years that Army and Defense, and previous Army the RECORD. he has been a Member of the Senate Chiefs of Staff. It has been a long evo- The PRESIDING OFFICER. Without family and organization. lution. But largely, under the current objection, it is so ordered. When I introduced him to the com- Chief of Staff and the current Sec- The concurrent resolution (S. Con. mittee today, I reflected that some 32 retary of the Army, one of the major Res. 81) was agreed to. years ago I sat in the same seat before elements of that transformation will The preamble was agreed to. the committee. Senator THURMOND was take place, and Les Brownlee will be The text of the concurrent resolu- a member of the Committee, and I be- right there to assist and to provide the tion, with its preamble, is printed in lieve Senator BYRD may well have been knowledge. today’s RECORD under ‘‘Submitted Res- a Member at that time; I would like to He sent a note of humor about how olutions.’’ check the record on that. But there I he is in all probability returning to the f was as a young man taking on the job very same office from whence he de- as Under Secretary of the Navy, as my parted, to come to the Senate, 18 years ORDERS FOR FRIDAY, NOVEMBER dear friend Colonel Brownlee is now ago having served as the principal mili- 9, 2001 taking on the job as Under Secretary of tary aid to the then-Under Secretary of Mr. REID. Madam President, I ask the Army. the Army. What a fascinating coinci- unanimous consent when the Senate The war at that time was raging in dence. completes its business today, it ad- Vietnam. A war tonight is raging be- He will also be entrusted with the journ until the hour of 10 a.m. Friday, yond our shores, in the area of Afghan- issues involving homeland defense. The November 9, that following the prayer istan, where men and women of the Department of the Army has a very and pledge, the Journal of proceedings Armed Forces are risking their lives. special mission in this area. be approved to date, the morning hour So he joins the Department of Defense Fortunately, the Senate Armed Serv- be deemed expired, the time for the two at a critical time, as did I. ices Committee established some years

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11634 CONGRESSIONAL RECORD — SENATE November 8, 2001 ago a subcommittee to take over cer- in a bipartisan manner in this Senate. family, we can only say we are sad to tain responsibilities on emerging It has always had that tradition. Sen- see him go, but we are surely glad that threats as best we could see them at ator WARNER maintained that tradition he will occupy the position that he will that time. None of us could envision beautifully. I seek to emulate that assume. This nation is safer because it the events of September 11. Neverthe- kind of a role model that he and many will be in his hands. less our committee, under my chair- Senators before him set when they I thank the Chair. manship, following with the chairman- were chairmen of that very special Mr. WARNER. Madam President, I ship of our distinguished Senator from committee. thank my very valued and long time Michigan, we continued that work. Les will be leaving us. He will be special friend, the Senator from Michi- Les takes great credit, together with crossing the Potomac. He will be back gan, for his very kind remarks. I recip- other staff members, in laying out the in his beloved Army. I can’t think of rocate with equal feelings toward him. platforms and the goals of that sub- anyone better qualified to serve in that We struggle together, and we are committee which we achieved in large position than Les because of the expe- going to succeed. We have a big mis- measure. rience, which Senator WARNER has out- sion ahead of us in this committee with I also think, very clearly with a lined, and what Les brings to the job this conflict. We are behind our Presi- sense of humility, that he exemplifies his commitment, spirit, and love for dent. We want to give him that type of the extraordinary quality of individ- the Army. We always rely on our staff support, and the men and women of the uals who come to the Senate to work to give us their total loyalty and their Armed Forces fighting this engage- as staff members. He just gives those total commitment. Les is surely a ment. people inspiration. As that room was shining example of that. But first and In relation to what the Senator stat- filled today in the hearing, you could foremost, that loyalty is to this coun- ed, it was Under Secretary James Am- see in their hearts and their minds— try. Les has always shown that loyalty. brose with whom Les served. there were probably 30 to 40 of them as- The staff director for the majority, I appreciate Senator LEVIN singling sembled there—that someday any one David Lyles, is also on the floor, as are out his combat record. The men and of them could be sitting where he is. other members of the Armed Services women of the Armed Forces, across the We are privileged in our committee Committee staff. Not only have we board, are trained to go into combat to have had a number of our staff mem- looked to Les for unvarnished and situations. Relatively few of them, bers move on into Presidential appoint- straight advice, we have always looked however, certainly in recent years, be- ments in both administrations, Repub- to him and David Lyles when they were cause of the nature of combat, are put lican and Democrat. staff directors, first, for the majority, into those positions. So it is a great day. Chairman LEVIN and then for the minority, to work to- I was combat trained in World War presided over it with his usual dignity gether to bring the committee a joint II, but I did not go into combat. I did and feeling. bill that we could all support and that visit the battlefields more than once in At this moment, I yield the floor so would help bring us together. Korea, but my military career pales in Our staffs have not only given us ad- that perhaps he can add his own obser- the face of Les Brownlee’s and those of vice and guidance, they have truly vations. the men and women who have really We are joined in the Chamber by a been instrumental in making this com- gotten into the thick of it, have been very fine staff person, Judy Ansley, mittee a bipartisan example of what se- tested, and proved not only to survive, who, as I noted earlier, will succeed curity policy should be and what this but continue their leadership. They Les as Chief of Staff. Mrs. Ansley has Senate strives to be, whether it is in have earned the recognition of their been his Deputy for a number of years. the area of defense or any other area. peer group through their personal deco- I am pleased to recognize her presence I noted what Senator WARNER said about Les returning perhaps physically rations. here today. I have a tremendous amount of re- The PRESIDING OFFICER. The sen- to the same office that he left. I under- spect for Colonel Brownlee and, indeed, ior Senator from Michigan. stand he was the military executive to Mr. LEVIN. Thank you, Madam the Under Secretary of the Army. The for many other Members of the Senate with whom I have been privileged to President. I thank Senator WARNER. very position that he was the executive When my career here is over and I to will now be filled by him. So there is serve in the past and today who have look back on it, one of the real high- a certain symmetry, and a certain won- earned those decorations. lights will always be that I came with derful roundness, to Les’s confirma- While we acknowledge the long list of Senator WARNER and that we have tion. Colonel Brownlee’s accolades, we rec- served together on the Armed Services As Senator WARNER said, we are now ognize that the challenges of life are Committee—both as chairman, always engaged in a military campaign. Colo- most successfully accomplished as a as friends, always with total trust, not nel Brownlee was engaged in Vietnam. team effort. Colonel Brownlee’s family always with total agreement, but al- He served two tours in Vietnam with have shared the challenges and rewards ways having our singular goal of a bi- extraordinary distinction and heroism. of both his professional military career partisan security policy for this Na- He brings to this current challenge an and his career in the Senate. The jour- tion. experience that is invaluable so that ney which brought Colonel Brownlee to Senator WARNER has been an extraor- we do not repeat the mistakes that this prestigious nomination would not dinary member of that committee. I were made in Vietnam, and so that we have been possible without the uncon- watched him through the years as he avoid any of the pitfalls that faced us ditional and loving support of his fam- has pulled together people with diverse as a nation in that war in which so ily. views to reach a common goal. many men and women served so val- From the first day that Les and I It was a pleasure to join with him as iantly, with so much honor, and with began working together, he has always he recommended to the President the not nearly enough reward or recogni- been guided by what he thought was in nomination of Les Brownlee to be tion by their own countrymen back the best interest of our Nation’s secu- Under Secretary of the Army. here at home. rity, the best interest of the men and It is always a special day for the What Les brings to this current chal- women of our Armed Forces, and in the committee when one of our staff is lenge is of tremendous value. I know, best interest of the Senate. On behalf nominated to a high position in the ex- as Senator WARNER said, that we speak of a grateful nation, we congratulate ecutive branch. This is a special day for every member of our committee Les on his nomination and thank him for us. and for our staffs when we say how for his service to the United States We hate to lose Les. He has been of proud we are of Les. We are proud of Senate. Les brings a special dimension tremendous and inestimable value in not only what he has done for the com- to the Army secretariat, and we wish the committee and to both sides of the mittee, but we also are very confident him well. aisle when we bring our bills to the of what he will do for the Army and for I thank my colleague. floor. the Nation in his new capacity. Madam President, I think that con- This is a committee that I think sets We wish him all the best. We know cludes the matters, and we can go to the standard for how we should operate we will see a lot of him. To him and his the standing order.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — SENATE S11635 ADJOURNMENT UNTIL 10 A.M. IN THE AIR FORCE To be major TOMORROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MEE S. PAEK, 0000 IN THE REGULAR AIR FORCE OF THE UNITED STATES TO The PRESIDING OFFICER. Under THE POSITIONS AND GRADE INDICATED UNDER TITLE 10, f U.S.C., SECTION 8307: the previous order, the Senate stands CONFIRMATIONS adjourned until 10 a.m. tomorrow. To be the judge advocate general of the United States Air Force Executive nominations confirmed by Thereupon, the Senate, at 6:02 p.m., the Senate November 8, 2001: adjourned until Friday, November 9, MAJ. GEN. THOMAS J. FISCUS, 0000 DEPARTMENT OF DEFENSE 2001, at 10 a.m. To be major general and to be the deputy judge advocate general of the United States Air Force DALE KLEIN, OF TEXAS, TO BE ASSISTANT TO THE SEC- BRIG. GEN. JACK L. RIVES, 0000 RETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND f BIOLOGICAL DEFENSE PROGRAMS. IN THE ARMY MARY L. WALKER, OF CALIFORNIA, TO BE GENERAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT R. L. BROWNLEE, OF VIRGINIA, TO BE UNDER SEC- TO THE GRADE INDICATED IN THE UNITED STATES ARMY NOMINATIONS RETARY OF THE ARMY. MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTION 624: MARVIN R. SAMBUR, OF INDIANA, TO BE AN ASSISTANT Executive nominations received by To be colonel SECRETARY OF THE AIR FORCE. the Senate November 8, 2001: SANDRA L. PACK, OF MARYLAND, TO BE AN ASSISTANT CAROL E. PILAT, 0000 SECRETARY OF THE ARMY. THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DAVID W. MCKEAGUE, OF MICHIGAN, TO BE UNITED NURSE CORPS UNDER TITLE 10, U.S.C., SECTION 624: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE CONSTITUTED COMMITTEE OF THE SENATE. RICHARD F. SUHRHEINRICH, RETIRED. To be major SUSAN BIEKE NEILSON, OF MICHIGAN, TO BE UNITED DEPARTMENT OF LABOR STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE ILUMINADA S. CALICDAN, 0000 CORNELIA G. KENNEDY, RETIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FREDERICO JUARBE, JR., OF VIRGINIA, TO BE ASSIST- HENRY W. SAAD, OF MICHIGAN, TO BE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANT SECRETARY OF LABOR FOR VETERANS’ EMPLOY- CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE JAMES L. AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN MENT AND TRAINING. RYAN, RETIRED. ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 531 AND DEPARTMENT OF JUSTICE RALPH R. BEISTLINE, OF ALASKA, TO BE UNITED 624: STATES DISTRICT JUDGE FOR THE DISTRICT OF ALASKA, To be major JAY B. STEPHENS, OF VIRGINIA, TO BE ASSOCIATE AT- VICE H. RUSSEL HOLLAND, RETIRED. TORNEY GENERAL. * JAMES W. WARE, 0000 DEPARTMENT OF DEFENSE THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLAUDE M. BOLTON, JR., OF FLORIDA, TO BE AN AS- TO THE GRADE INDICATED IN THE UNITED STATES ARMY TERRY L. WOOTEN, OF SOUTH CAROLINA, TO BE SISTANT SECRETARY OF THE ARMY, VICE PAUL J. MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF HOEPER. TION 624: SOUTH CAROLINA.

VerDate Mar 15 2010 03:17 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2033 EXTENSIONS OF REMARKS

OFFSET OF FEDERAL TAX RE- in Carle Place as School of the Month in the urban, ‘‘blue collar’’ community and has estab- FUNDS FOR STATE AND LOCAL Fourth Congressional District for November lished a long-standing tradition of setting high TAX DEBTS 2001. expectations for all learners. The school has Neil J. Connolly is Principal of Carle Place, implemented a variety of programs designed HON. JAMES P. MORAN and Dr. Patricia B. Hansen is the Super- to promote diversified education, including for- OF VIRGINIA intendent of Schools for the Carle Place Union mal bilingual and English as a Second Lan- Free School District. There are approximately guage programs. IN THE HOUSE OF REPRESENTATIVES 260 students in 7th and 8th grades. Union Ridge is a Blue Ribbon winner be- Thursday, November 8, 2001 The outstanding academic records at Carle cause it has realized its educational goals Mr. MORAN of Virginia. Mr. Speaker, I am Place demonstrate the vibrancy of learning in- through the efforts of a creative and dedicated pleased today to be introducing legislation that side this school firsthand. The faculty and staff staff. Their innovative instruction combines en- would establish a federal tax refund offset pro- are focused on sending their students to high gaged learning and challenging experiences gram for state and local governments. Specifi- school wholly prepared and ready to keep for students of differing abilities and back- cally, this program would require the federal learning. grounds. The school promotes awareness and government to withhold refunds from those in- One group of national renowned winners at a commitment to educational diversity. dividuals and corporations that still owe state Carle Place are the budding journalists in- Union Ridge School has established itself or local government tax obligations. volved in The Carle Place Middle School as a centerpiece for learning. Its goals and pri- Today, the reverse situation exists. A num- Newspaper, The Path. For two years running, orities have been planned to be consistent ber of states allow their own state agencies, The Path’s excellent team took top honors with community values. Union Ridge is an ex- local governments and the Internal Revenue from the American Scholastic Press Associa- ample of what all schools across the country Service to submit a list of delinquent tax- tion newspaper competition. strive to do—to provide a quality, diversified payers. The state then matches these delin- Expanding on those good deeds, Carle education that enriches the lives of students quent accounts against taxpayers who may Place Middle, in conjunction with Carle Place and the surrounding community. qualify for a state tax refund. If a match is High, is the number one contributor to Make- I congratulate Union Ridge School, the 11 found, the state reduces the refund by the A-Wish Foundation in the entire country, ex- other Blue Ribbon winners in Illinois, and all amount of the delinquency and remits the ceeding $379,500 since 1988. the Blue Ribbon Schools in the country on funds to the claimant. These programs have At Carle Place, students are focused on their achievement. There is nothing more im- proven to be low-cost and highly effective. helping others. When young people dedicate portant than preparing young minds to create Congress recognized the effectiveness of their time and effort willingly, a lifetime of car- a better America. I commend Union Ridge these programs and directed the Internal Rev- ing for your fellow man is solidified. School for its efforts toward that end. enue Service to establish a similar program to You name it, Carle Place students are f cover claims by other federal agencies, as there, nabbing top honors in the Long Island 25TH ANNIVERSARY OF SONOMA well as for past-due child support obligations. Science Congress Junior Division, Scholar COUNTY YWCA Last year, Congress expanded the program by Athletes, National Junior Honor Society, lan- directing the Treasury Department to accept guage arts competitions, and excelling in the HON. LYNN C. WOOLSEY claims by states for income tax obligations. Fine and Performing Arts programs. OF CALIFORNIA The legislation I am introducing today builds Congratulations to Carle Place Middle IN THE HOUSE OF REPRESENTATIVES on these successful programs by permitting School students, faculty and administration on local governments to participate. The local this achievement. Keep up the good work. Thursday, November 8, 2001 governments could submit their outstanding f Ms. WOOLSEY. Mr. Speaker, I rise today to tax debts to the Department of the Treasury honor the Sonoma County YWCA on the oc- for an offset against any federal tax refund, SALUTE TO UNION RIDGE SCHOOL, casion of its twenty-fifth anniversary. Since just as federal agencies and states do now. SELECTED A BLUE RIBBON November, 1976, the YWCA has led the battle This legislation would also permit a claim to SCHOOL against domestic violence in our community. be made for any legally enforceable tax obli- Begun by a group of women who met at the gation owed to the state or local government. HON. JANICE D. SCHAKOWSKY Santa Rosa library 25 years ago, the organi- In an era of tight state and local government OF ILLINOIS zation initially thought it would offer shelter for budgets, it Is patently unfair to have the tax- IN THE HOUSE OF REPRESENTATIVES all homeless women but soon realized there paying citizenry bear the costs and burdens of was an urgent need to protect women fleeing Thursday, November 8, 2001 those who do not pay their fair share. As for their lives. The first safe house was President Kennedy recognized, ‘‘[t]o the extent Ms. SCHAKOWSKY Mr. Speaker, I rise opened a year later with seed money from the that some people are dishonest or careless in today to recognize the outstanding achieve- county Mental Health Department. their dealings with the government, the major- ments of Union Ridge School, which was The Sonoma County YWCA now has an an- ity is forced to carry a heavier tax burden.’’ named a Blue Ribbon School, by the Depart- nual budget of $2,000,000 and offers child (April 20, 1961) The legislation that I am intro- ment of Education’s Blue Ribbon School Pro- care, a legal clinic, counseling, and profes- ducing today will provide a means to help dis- gram. This year, Union Ridge was one of 223 sional training as well as a safe house that is tribute that burden more equitably. public schools recognized by the program. always full. Last year the domestic violence I urge my colleagues to support it. Selection of Blue Ribbon Schools is based hotline received 2,501 phone calls and took in f on a rigorous evaluation process. Schools are 193 women and children as well as counseling evaluated by the program’s reviewers and by men who were victims of domestic violence. NOVEMBER SCHOOL OF THE a thorough self-evaluation involving adminis- The YWCA partners with local law enforce- MONTH trators, teachers, students, parents and com- ment in this effort and has satellite offices in- munity. This is a highly competitive program side local police departments. HON. CAROLYN McCARTHY that recognizes schools that are making a Mr. Speaker, it is fitting to honor the found- OF NEW YORK major positive impact in their communities and ers of the Sonoma County YWCA, especially IN THE HOUSE OF REPRESENTATIVES in our country. Barbara Tomin and Pat Kuda, who were the Union Ridge School is a one-school ele- visionaries, the planners, and the energy be- Thursday, November 8, 2001 mentary district in Harwood Heights, Illinois, hind this project, as well as all those who have Mrs. MCCARTHY of New York. Mr. Speak- with students ranging from pre-kindergarten contributed to these vital services for the last er, I have named Carle Place Middle School through eighth grade. The school serves an 25 years.

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

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.000 pfrm04 PsN: E08PT1 E2034 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 HONORING MARGARET C. MOSHER Armenia. The help they provide includes indi- time, was using citizen bucket brigades. The viduals born with disabilities and those who burning of Columbia left deep wounds in the HON. LOIS CAPPS were injured while defending Karabagh. Serv- South Carolina psyche, with many harboring ill OF CALIFORNIA ices provided by Pyunic include physical and will against the North for decades. However, IN THE HOUSE OF REPRESENTATIVES mental rehabilitation, advocacy for the rights of logbooks indicate that New York firefighters the disabled, annual summer/winter camp ses- and Columbians of that period 134 years ago, Thursday, November 8, 2001 sions, and athletic paralympic training to all looked at the gift as an act of healing. Ms. CAPPS. Mr. Speaker, today I would like disabled children and young adults throughout These students and their teachers are tell- to pay tribute to a woman who has been in- Armenia. ing the citizens of New York City that Colum- valuable to California’s Central Coast, Mrs. With over 50 volunteers and only 4 staff bia remembers. The hearts of New York City Margaret C. Mosher. Because of her generous members Pyunic’s mission is to integrate the firefighters reached out to Columbia 134 years dedication and devotion to young people, Mrs. disabled into Armenia’s mainstream life. The ago and now the hearts of the children at Mosher was honored at the Annual Kids Auc- organization takes pride in their efforts to de- White Knoll Middle are reaching out to New tion on November 3, 2001, in Santa Barbara, velop outstanding disabled athletes who travel York. At least $350,000 is needed for a new CA. worldwide to compete in several marathons fire engine and they are within a few thousand Proceeds from the Annual Kids Auction will and Paralympics. In 2000 Pyunic was selected dollars of reaching that figure. White Knoll benefit youth development programs at local as the ‘‘Best Non-Governmental Organization Middle raised $18,000 before their cause enti- Boys and Girls Clubs throughout California’s (NGO) of Armenia for Youth.’’ Pyunic has cre- tled South Carolina Remembers, grew to in- 22nd Congressional District. Since its incep- ated working relationships with several inter- clude key business leaders, city officials, cor- tion 18 years ago, this auction has raised over national nongovernmental organizations, in- porations, civic organizations, and philan- a million dollars to support programs that ben- cluding Save the Children International, the thropists from the Columbia area such as efit over 4,000 youth a year. After school care, World Rehabilitation Foundation and the SCANA, SCE&G, Mayor Bob Coble and Mr. computer training, and drug abuse and gang United Nations High Commission for Refu- Sam Tenenbaum. They raised the funds by prevention programs are only a few examples gees. using word of mouth and old-fashioned tech- of the services that will benefit from the auc- Pyunic has five main goals: to help disabled niques such as bake sales, car washes, gos- tion proceeds. become self-sufficient and contributing mem- pel concerts, and booths at the South Carolina It is fitting that the Annual Kids Auction will bers of Armenia, and integrate them into main- State Fair. be honoring Margaret Mosher this year, as stream life; to promote physical, social and The fund raising effort continues to gain mo- she has spent over 20 years dedicating her- psychological rehabilitation; to utilize sports to mentum as over $330,000 has been raised to self to the Boys and Girls Club Organizations. develop strong bodies and active minds; to date—including a $50,000 pledge from an Striving to aid the organization in as many develop skills to meet challenges of life for the anonymous donor. White Knoll Middle ways as possible, 18 years ago Mrs. Mosher disabled; to educate the public through dis- School’s story of benevolence has caught the established an annual fundraiser, the Bill Oli- semination of information on the issues of dis- attention of many local and national media ver Memorial Golf Tournament. All of the pro- ability. outlets and has been featured on CBS’s ceeds of this tournament go directly to the Mr. Speaker, I rise to congratulate Pyunic ‘‘Early Show,’’ as well as in People and Time Goleta Boys and Girls Club. USA for their commitment to improving the Magazines. In addition to her dedication to the Boys and lives of the disabled. I urge my colleagues to Mr. Speaker, I ask you and my colleagues Girls Club, Mrs. Mosher is currently the presi- join me in wishing Pyunic USA many more to please join me in honoring White Knoll Mid- dent of the Samuel B. Mosher Foundation. years of continued success. dle School for their outstanding work as they She is also the president and owner of the f emulate the beautiful and united fabric of Dos Pueblos Orchid Company and the owner America. The students and faculty of White of the Perry Investment Company. She is on TRIBUTE TO WHITE KNOLL Knoll Middle School have taught us once more the advisory board of the Wilmer Eye Institute MIDDLE SCHOOL that history has a way of connecting us and at Johns Hopkins Hospital and the Inter- kindness has a way of multiplying the effects national Eye Tissue Bank. She is also on the HON. JAMES E. CLYBURN of those connections. board of directors for the John Tracy Clinic OF SOUTH CAROLINA f and the Los Angeles Orphanage Guild. In IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO THE HON. GERALD 1992 Mrs. Mosher received the UCSB Alumni Thursday, November 8, 2001 Association’s Honorary Alumni Award. She B.H. SOLOMON has been a trustee of The UCSB Foundation Mr. CLYBURN. Mr. Speaker, I rise today to SPEECH OF since 1983, and is a member of the pay tribute to the students and faculty of White Chancellor’s Council, the Lancaster Society Knoll Middle School in Columbia, SC, who, for HON. F. JAMES SENSENBRENNER, JR. and the Legacy Circle. a number of weeks have been raising money OF WISCONSIN Numerous children have benefited from Mrs. for a new fire truck to be presented to the IN THE HOUSE OF REPRESENTATIVES New York City Fire Department in the after- Mosher’s generosity, and I am so pleased to Thursday, November 1, 2001 have this opportunity to honor her and thank math of the terrorist attacks of September 11, her for all the wonderful things she has ac- 2001. Mr. SENSENBRENNER. Mr. Speaker, it is complished. The students and faculty of White Knoll Mid- with sadness that I note the death of a former dle School have embarked on a project that is f colleague and a great New Yorker, Mr. Gerald both uniquely appropriate and inspiring. While Solomon, who passed away last month. CONGRATULATING PYUNIC USA people all across the country sought meaning- Jerry grew up in Delmar, New York and at- ful ways to respond personally and collectively tended Siena College and St. Lawrence Uni- HON. GEORGE RADANOVICH to the despicable terriorist attacks commensu- versity before enlisting in the Marines at the OF CALIFORNIA rate to the anguish they were feeling, the stu- onset of the Korean War. After serving his IN THE HOUSE OF REPRESENTATIVES dents and faculty at White Knoll Middle School country with honor as a member of the Armed committed to the purchase and ‘‘return’’ of a Forces, Jerry continued working for the nation Thursday, November 8, 2001 fire truck to New York City as an expression as a Member of Congress. But even as an Mr. RADANOVICH. Mr. Speaker, I rise of their heartfelt empathy, faith, and resolve. elected representative, when you spoke with today to congratulate Pyunic USA for their ac- Mr. Speaker, as a former high school history Jerry, you could easily guess his background. complishments over the past 11 years. Pyunic teacher and devout historic preservationist, I Like the motto says, ‘‘once a Marine, always USA is an Armenian-based association that is share with you and my colleagues the dis- a Marine.’’ dedicated to helping disabled individuals in Ar- covery of an intriguing historical link. Logbooks First elected in 1978, Jerry and I were in the menia. kept at the Columbia Fire Department Mu- same freshman class of Congress as I too Pyunic was founded in 1989 to provide aid seum in Columbia, SC, reveal that on June was elected that year. I got to know, and be- to the children left disabled by the devastating 27, 1867, two years after a Civil War fire de- come very good friends with Jerry during the Armenian earthquake of 1988. Since its incep- stroyed the city, a group of New York City fire- 20 years we served in the House together. He tion, Pyunic has evolved into an association fighters—former Union Soldiers—delivered a was perhaps the most ardent supporter of our that supports all of the physically challenged in fire truck to the city of Columbia that, at the nation’s veterans. As the Ranking Member on

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.004 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2035 the House Veterans Affairs Committee, Jerry I ask Congress to join me and the constitu- PAYING TRIBUTE TO MR. ELDON worked tirelessly on their behalf. In fact, it was ents of the 9th Congressional District in cele- H. STRODE largely through his work and dedication that brating the 60th Anniversary of the Boys & the Veterans Administration was elevated to a Girls Clubs of Oakland and in wishing them HON. SCOTT McINNIS cabinet-level department. many more years of success and positive in- OF COLORADO Jerry was a man who didn’t mince words— fluence on our young leaders of tomorrow! IN THE HOUSE OF REPRESENTATIVES he was fair and principled and called things as Thursday, November 8, 2001 he saw them. We got along well because we f were similar in many ways and agreed on a Mr. MCINNIS. Mr. Speaker, I would like to take this opportunity to pay tribute to the life lot of things. But, sometimes, we disagreed. I HONORING COMMUNITY VETERANS never, for example, quite saw the merits of the and memory of Eldon H. Strode and thank him Northeast Dairy Compact the way he did—but for his contributions to the community of Glen- even when we disagreed, we disagreed like HON. NYDIA M. VELA´ ZQUEZ wood Springs, Colorado. Eldon passed away gentlemen. this October at his residence in Wickenburg, It is a testament to his character as a legis- OF NEW YORK Arizona. Mr. Strode came to Colorado in 1945. He lator, and a reflection of his leadership, that IN THE HOUSE OF REPRESENTATIVES during his final years in the House, he served began work in the ranch industry, working the as Chairman of the powerful House Rules Thursday, November 8, 2001 land for more than two decades. After his Committee. This is particularly noteworthy be- work in ranching, he ventured in the coal in- ´ cause as many of you know, he was the first Ms. VELAZQUEZ. Mr. Speaker, I rise today dustry for thirteen years until his retirement in Republican to have that position in four dec- to honor and give thanks to Latino veterans 1981. ades! across the nation and in New York’s 12th Dis- Eldon was an avid sports enthusiast in the When Jerry spoke, people listened. Not be- trict—those brave soldiers who served in our Glenwood Springs community where he was a cause he was Chairman of the Rules Com- Armed Forces during times of turmoil and cri- member of the basketball and softball league. mittee, but simply because if he took the time sis in our Nation’s history. Eldon also volunteered his services as a to tell you something, you could bet it was member of the youth baseball program and as Today, the Borinquen Senior Center cele- a member of the chain crew for many football worth your while to pay attention to him. brates another anniversary—close to the land- It is with a heavy heart that I say good-bye games at Glenwood Springs High School. In mark one of a quarter of a century. Since its to my friend Jerry. My wife Cheryl and I would 1980, he was honored for his contributions to like to express our condolences to Jerry’s wife doors opened 24 years ago, the center has the team. Mr. Strode continued his involve- Freda, their five children, six grandchildren, been a safehaven for hundreds of seniors and ment in the ranch industry by volunteering his and brother, in this time of sorrow and sad- veterans in the Williamsburg, New York com- knowledge to several cattlemen associations ness. They will be in our prayers. munity. The Borinquen Center serves three such as the Colorado Cattleman and the Holy f meals per day to almost two hundred seniors, Cross Cattleman’s Association. including veterans. It provides meals on Mr. Speaker, it is with profound sadness CELEBRATING 60TH ANNIVERSARY wheels for homebound seniors, offers work- that we remember Eldon H. Strode. The many OF THE BOYS & GIRLS CLUBS OF shops on healthcare and other important people he impacted will remember his con- OAKLAND issues, arranges activities, and provides class- tributions and dedication. My thoughts and es such as ESL (English as a Second Lan- prayers are with his family and friends during HON. BARBARA LEE guage). Through its work, the center plays a this difficult time. OF CALIFORNIA very important role in the community. And as f IN THE HOUSE OF REPRESENTATIVES the Borinquen Center celebrates its anniver- INTRODUCTION OF H.R. —, THE Thursday, November 8, 2001 sary, it will also honor—for the first time—the MERCHANT MARINE COST PAR- Ms. LEE. Mr. Speaker, I rise today to honor veterans of this country who served so bravely ITY ACT OF 2001 the 60th Anniversary Celebration of the Boys in our Armed Services. & Girls Clubs of Oakland, California. Given the war against terrorism our great HON. JAMES L. OBERSTAR In 1941, the Filbert Street Boys Club Nation is now waging both here and overseas, OF MINNESOTA merged with the East Oakland Boys Club to I believe we must take time to honor and give IN THE HOUSE OF REPRESENTATIVES become the Oakland Boys Clubs. The pur- pose of this club was to create a fun environ- thanks to a few of our Nation’s Latino veterans Thursday, November 8, 2001 ment while at the same time provide edu- from the 12th District. Many of these men Mr. OBERSTAR. Mr. Speaker, we are a na- cational programs and services specifically tai- were young men, unaware of how war would tion of immigrants, most of whom arrived on lored to the needs of young men. For many change them when they enlisted in the Armed the shores of the United States by ship. We years the Oakland Boys Clubs were solely fo- Forces during World War II, the Korean War, are a country in which 95 percent of our im- cused on providing for the well-being of boys. and the Vietnam War. They Joined the service ports from noncontiguous countries are However, in 1989 the Board of Directors with hopes of strengthening our nation’s secu- brought to us by ship. Yet, less than one per- agreed that their organization should be a club rity, fighting for the ideals of democracy and cent of our imports and exports are trans- that is inclusive rather than exclusive. There- freedom, and ensuring a more peaceful world. ported on U.S.-flag ships. fore, they extended their membership to young Although many returned home with lasting The Baltimore Sun recently published two women. They wanted the Oakland Boys Clubs wounds, their spirit was never broken. It is im- articles that accurately described the decline to become the Boys & Girls Clubs of Oakland portant that we remember on this Veteran’s of the U.S.-flag fleet. As the article states, ves- which would welcome young people of all Day the sacrifices they made for this country. sels don’t fly the U.S.-flag anymore ‘‘because American cargo ships are also the most ex- backgrounds. Therefore, it is with much appreciation that The Boys & Girls Clubs of Oakland have a pensive in the world.’’ The first article was ti- I honor the Latino veterans of my district in membership of 2,400 people who are taking tled ‘‘Merchant marine’s demise endangers celebration of November 11: Luis Maldonado, full advantage of the programs and services war readiness’’. Not only will we not have suf- 1940–1946; Angel Acevedo, 1941–1947; Jose this organization has to provide. The Boys & ficient ships to move our war materials, but we Girls Clubs offer career development, char- La Fuente, 1942–1945; Herminio Rivera, won’t have enough trained sailors to operate acter and leadership development, health and 1942–1947; George Feliciano, 1947–1967; the laid-up fleet of Government-owncd ships life skills, arts, sports, fitness and recreation Jose Calderon, 1951–1954; Oscar Figueroa, that the Department of Defense is depending opportunities. They empower young men and 1951–1954; Gilberto Bonilla, 1952–1954; on to transport our tanks and heavy equip- women to live a happier, healthier and fuller Isamel A. Torres, 1952–1956; Francisco ment when they are mobilized. lives. Adames, 1953–1955; Fexlix Gonzalez, 1953– In 1991, the United States needed more The Boys & Girls Clubs of Oakland strives 1957; Jose Rendon, 1953—1961; Fundadon than 200 cargo ships to support Operation to instill and enhance a sense of competence, V. Cancel, 1954–1958; Gerardo Torres, 1954– Desert Storm. To get those vessels operating, usefulness, belonging, influence and responsi- 1959; George A. Maldonado, 1954–1956; Car- we called up retired seamen who had sailed bility in each child. This organization is dedi- los M. Colon, 1956–1958; Augustin Perez, during World War II. Today, we have fewer cated to enriching the lives of our youth. 1957–1959; Adolfo Rivera, 1960–1962. ships and fewer trained personnel.

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.008 pfrm04 PsN: E08PT1 E2036 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 President Franklin Roosevelt recognized the registered under the U.S.-flag it would pay a cline of our fleet until there are no privately need for a privately owned and operated mer- flat tax of $17,476 a year to the U.S. Govern- owned U.S.-flag vessels engaged in our for- chant marine. Without the U.S.-flag merchant ment. This is computed by the shipowner eign trade. marine, Great Britain would not have had the being allocated a daily income for the ship The United States must develop a long-term supplies to survive the onslaught of Germany. based on the tonnage of the ship at a rate of and integrated strategy that will adequately Today, the world would be a very different $.40 for each ton up to 25,000 net tons and address all of the cost issues that drive capital place had it not been for the men who served $.20 for each ton over 25,000 net tons. There- investment away from the U.S.-flag shipping our nation during World War II in the U.S. fore, the owner of the Regina Maersk would industry. I believe that H.R. l can provide the merchant marine. President Roosevelt pro- have a daily income of $136.80. When multi- foundation for that strategy. I look forward to posed, and Congress passed, the Merchant plied by 365 days, this totals an annual in- working with the Administration, shipowners, Marine Act of 1936. This program established come of $49,932. This amount is taxed at the and labor to ensure we can truly put U.S. mer- the Operating Differential Subsidy program to 35 percent U.S. corporate income tax rate to chant marine on a cost parity with their quality help pay U.S. shipowners for the higher cost establish a total tax liability of $17,476 a year foreign-flag competition. of operating their vessels under the U.S.-flag. for the shipping income of the Regina Maersk. When Great Britain announced its intention By 1951 there were 1,238 privately owned This is comparable to the tax liability that to develop the tonnage tax system, P&O U.S.-flag vessels sailing on the oceans of the would be due if this ship were registered Nedlloyd Lines announced that they would world. Unfortunately, it has been all down hill under the British flag. What is ironic is that this bring at least 50 ships to the UK register. from there. Today, there are 94 U.S.-flag ves- provision should not cost the Federal treasury Today, I would like to challenge the maritime sels in the U.S. foreign trade and seven U.S.- much money because with fewer than 100 industry to make a similar commitment to the flag vessels ‘‘in trade between foreign coun- ships currently operating under the U.S.-flag in U.S. flag. tries. the foreign trade, there will be a minimal With the help of the Administration, maritime The question is: Why has this happened? amount of tax revenue lost. In addition, most industry, and labor, we can ensure that Old The answer: The higher cost of operating a foreign-flag vessels don’t have to pay the Glory is raised on the sterns of hundreds more vessel under the U.S.-flag due to various Fed- treasury any income taxes on their shipping U.S.-flag vessels. eral requirements. income today. Therefore, if they transfer to the f Today, shipowners can buy quality ships U.S. flag and pay $17,000 in tonnage taxes, from many countries in the world. Container- it’s certainly more than the amount they’re PERSONAL EXPLANATION ships, tankers, and cruise ships all must be paying in income taxes now under a foreign built to high standards established by the flag. HON. BETTY McCOLLUM International Maritime Organizations. However, Federal law requires seamen employed on which country the owner chooses to register OF MINNESOTA U.S.-flag vessels to be U.S. citizens. We in IN THE HOUSE OF REPRESENTATIVES the ship can significantly affect the cost of the the United States have the benefit of a much operating the ship. Shipowners change their higher standard of living than many of the Thursday, November 8, 2001 vessel’s registration every day to avail them- countries that supply seafarers for foreign-flag Ms. MCCOLLUM. Mr. Speaker, I unavoid- selves of lower costs offered by different flags. vessels. However, U.S. tax laws do not treat ably missed votes on November 6, 2001 be- If you choose to register your ship in Panama, U.S. seamen the same as we treat other U.S. cause I was in my congressional district on of- you don’t have to pay any income taxes on citizens working overseas. If a U.S. citizen is ficial business. I would like the record to re- your shipping income. You can hire low cost working overseas for any other industry, such flect that had I been present, I would have crews from countries like the Philippines and as a bank or oil company, he or she do not voted yea on roll call votes 426, 427, and 428. Malaysia. And, if you register in these coun- have to pay any U.S. ’income tax on their first tries you don’t have to worry about the cost of f $80,000 in income. While seamen are working being sued when a seaman is injured or killed. overseas, they do not get any similar tax LEADERS TAKING ACTION FOR All of the European countries have seen INCLUSION similar declines in their flag fleets, because break. H.R. l helps to decrease the cost of shipowners choose to transfer their country of operating on a U.S.-flag vessel by granting registry to lower cost countries. However, in seamen working on U.S.-flag vessels in the HON. JAMES P. McGOVERN the past several years, countries such as Nor- foreign trade the same exclusion from taxation OF MASSACHUSETTS way, Germany, and Great Britain have on their first $80,000 in income as we grant IN THE HOUSE OF REPRESENTATIVES changed their laws to make their fleets more every other U.S. citizen working overseas. Thursday, November 8, 2001 l competitive in the international market. In the H.R. also seeks to address the higher vessel design costs imposed by complying Mr. MCGOVERN. Mr. Speaker, I rise today past 18 months, the size of the British fleet to join Worcester County and The National has increased by 40 percent due to the with U.S. Coast Guard standards. My bill ex- empts the vessel from Coast Guard standards Conference for Community and Justice in hon- changes in their tax and maritime policies. oring four individuals for their promotion of un- It is time for the United States, once the as long as the vessel meets the safety stand- derstanding and respect among all races, reli- greatest maritime power in the world, to make ards established by the International Maritime gions and cultures. John S. Hamilton, Dr. similar changes. Instead of proposing a sub- Organization. This provision will allow U.S.- Ogretta V. McNeil, Most Rev. Daniel P. Reilly, sidy program like the one proposed by Presi- flag vessels ’in the foreign trade to meet the and Albert M. Toney III, dedicated themselves dent Roosevelt, it is time to look at the under- same standards as their foreign-flag competi- to fighting bias, bigotry and racism in America lying laws that increase the cost of operating tors. under the U.S.-flag. The cost of buying insurance for U.S.-flag and making the nation a better place for all of Today, I have introduced H.R. —, the ‘‘Mer- vessels engaged in the foreign trade is also us. chant Marine Cost Parity Act of 2001’’. This higher than the costs for foreign-flag vessels. Mr. Hamilton put into action his belief that legislation, which Transportation and Infra- H.R. l allows the shipowner and the em- small, culturally diverse businesses make the structure Committee Chairman DON YOUNG ployee representative to agree upon an ‘‘insur- difference in the economic viability of their has cosponsored, addresses four areas that ance policy that will adequately compensate communities. He has been a strong advocate significantly increase the cost of operating a seamen when they are injured or killed on- for under-served populations, especially minor- vessel under the U.S.-flag: tax costs, wage board these vessels. To ensure that the ship- ity and women owned small businesses. Ac- costs, insurance costs, and vessel inspection owner does not force the policy limits too low, tive with Centro Las Americas and the Busi- costs. the Secretary of Transportation win establish a ness Inclusion Council, and the Martin Luther This act will help to decrease the tax liability minimum amount of coverage that must be King Business Empowerment Center, he was for operating a vessel under the U.S. flag. provided, such as the amounts provided in the named Massachusetts Financial Services Ad- Currently, a shipowner must pay a traditional Longshore Act. vocate of the Year (1999) by the US Small ‘‘income tax’’ on his profits if the vessel is reg- Mr. Speaker, capital investments go to Business Administration. Mr. Hamilton was the istered in the United States. H.R. — is mod- where you can make money. For more than driving force behind obtaining funding for the eled after the British Tonnage Tax system that 100 years, the United States Government has establishment of the Martin Luther King Busi- replaced its tax based on income with a flat placed financial burdens on the U.S.-flag ves- ness Empowerment Center. He was instru- tax based on the tonnage of the ship. sel shipowner that has driven these vessels mental in Bay State Savings Bank sponsor- For example, under H.R. —, if the container from our shores. I cannot accept the United ship of the successful grant application for the ship Regina Maersk (43,399 net tons) were States Government continuing to allow the de- renovation of the Odd Fellows Hall on Main

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.011 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2037 Street, which will provide low income housing and the City of Worcester Human Rights Com- HONORING OUR DEFENDERS OF for families in Worcester. In 1995 and 1996, mission. In 1997, he founded the Safe Homes DEMOCRACY under Mr. Hamilton’s leadership, Bay State of Central Massachusetts, an organization that Savings Bank was one of the top 5 SBA lend- provides mentoring programs, consulting serv- HON. CAROLYN McCARTHY ers to minority-owned businesses in the Com- ices for alternative foster parenting programs, OF NEW YORK monwealth of Massachusetts, Mr. Hamilton and a drop in recreation and resource center. IN THE HOUSE OF REPRESENTATIVES was recently appointed President of Medway Beginning as a group of concerned citizens, Cooperative Savings Bank. with Mr. Toney’s leadership this program was Thursday, November 8, 2001 Dr. McNeil came to Worcester in 1956 to at- recently adopted as a formal program of The Mrs. MCCARTHY of New York. Mr. Speak- tend graduate school at Clark University; she Bridge of Central Massachusetts. As early as er, the tragic events of September 11th make never left and has made the City of Worcester 1984 when he started college with a major in the observance of Veterans Day particularly her home. Dr. McNeil has served on the fac- urban studies, he was concerned with creating poignant this year. Engaged in a battle, dif- ulty of Assumption College, Anna Maria Col- safe, inclusive communities for all people. His ferent from any other in our nation’s history, lege, and the College of the Holy Cross. Dur- focus was initially directed to enforcement we are once again calling upon the brave ing the course of her 27-year career at the through course work in Criminal Justice and members of the U.S. Armed Forces to defend College of the Holy Cross, she served as service as a police officer (March 1987–April democracy and freedom, Since we began the Chairwoman of the Department of Psychology, 1995). After the tragic death of his life partner, tradition of honoring American veterans after Director of African American Studies, and As- Mr. Toney’s energies shifted to a new focus, World War I, Veterans Day has passed with sistant Dean. Her election as the President of homophobia. Mr. Toney has worked as a con- varying degrees of observance. This year the New England Psychological Association sultant and program director for AIDS Project however, perhaps more than ever before, we symbolized her professional achievement. In Worcester, AIDS Action Committee (Boston), understand what our nation’s armed forces 1998 Dr. McNeil was elected to the Worcester Healthy Boston Coalition for GLBT Youth, have given to preserve our freedom and secu- school committee where she has worked to Massachusetts Prevention Center, Massachu- rity. foster equity of education for all students. Dr. setts Department of Education, and Massa- On October 8th, 1954, President Dwight D. McNeil’s volunteer activities include serving as chusetts Department of Social Services. He Eisenhower redesignated Armistice Day as a board member for the Alliance for Edu- served as member of the City of Worcester ‘‘Veterans Day’’ for the millions of veterans cation, the Age Center of Worcester, the Human Rights Commission from 1997–2000. who honorably served this nation. President EcoTarium, and a member of the Distribution He is currently a member of the Arts Worces- Eisenhower also issued the first ‘Veterans Day Committee of the Health Foundation of Central ter Board of Directors. Mr. Toney, his partner, Proclamation’ to ‘‘help preserve in the hearts Mass. She is also a board member of Greater and his daughter are currently working on a and lives of all our citizens the spirit of patriot- Worcester Community Foundation, Family book for children, which truly reflects all as- ism, the love of country and the willingness to Services and the Worcester Art Museum. pects of diversity. serve and sacrifice for the common good sym- Bishop Daniel Patrick Reilly, installed as the bolized by this very special day.’’ fourth Bishop of the Roman Catholic Diocese f And so, in honor of those who served in the of Worcester in December 1994, is a beloved military and those who are now stationed leader. His efforts in Worcester resulted in the HONORING RANDY KEVORKIAN around the world protecting our national inter- formation of the covenant with the New Eng- ests, and promoting peace and security, it is land Synod (Lutheran), the Episcopal Diocese my earnest hope, that all Americans, join of Western Massachusetts and the Roman HON. GEORGE RADANOVICH hands to insure the proper and widespread Catholic Diocese of Worcester and Springfield. OF CALIFORNIA observance of this day. While the effect our He was one of the essential leaders in the veterans have had on world history is great, IN THE HOUSE OF REPRESENTATIVES aftermath of the loss of six Worcester fire they are not distant historical footnotes, but fighters in December of 1999. He studied for Thursday, November 8, 2001 are as close as a father or mother, brother or the priesthood at Our Lady of Providence Mi- sister, grandfather or grandmother, friend and nors Seminary, Warwick, RI and ordained to Mr. RADANOVICH. Mr. Speaker, I rise neighbor, and co-workers. Let us, as a grateful the priesthood on May 30, 1953 after five today to honor Randy Kevorkian for receiving nation, pay the appropriate homage to our vet- years of philosophical and theological study at the Distinguished Service Award from the Cali- erans who have contributed so much to the the Grand Seminaire in Saint Brieue, France. fornia Department of Corrections. The Cali- preservation of this country. Following his ordination, Bishop Reilly served fornia Department of Corrections presents the While we all desire peace, when war could at SS. Peter & Paul Cathedral Parish, Provi- award annually to employees who go above not be avoided, our veterans put their lives on dence as an associate pastor. He also pur- and beyond the call of duty. the line, many paying the ultimate sacrifice. To sued graduate studies in Business Administra- Randy Kevorkian is a Parole Agent III. He all those who wore the uniform, or may have tion at Boston College and Harvard University. has been an agent since 1988 and has seen their comrades die around them, or pos- He served 22 years as a priest in the Diocese worked in numerous assignments in the sibly suffered injuries that continue to affect of Providence. In June 1975, Pope Paul VI Visalia and Fresno parole offices. Kevorkian them today. We honor and thank you. named him Bishop of the Diocese of Norwich, organized the ‘‘Another Way’’ program, a juve- f CT, where he served until being named the nile delinquency prevention and intervention Bishop of Worcester. Bishop Reilly has held program in the Central Valley. The program al- VETERANS DAY, THE PRICE OF many posts in the National Conference of lows parole agents and parolees to speak with FREEDOM Catholic Bishops (NCCB); he currently sits on atrisk kids about the dangers of drugs and the NCCB’s Committee on Pastoral Practices. gangs. HON. JANICE D. SCHAKOWSKY He rendered great support and assistance to Over the past 13 years, Kevorkian has ad- OF ILLINOIS Haiti and to India and their people. Currently dressed more than 85,000 young people and IN THE HOUSE OF REPRESENTATIVES he is a member of the boards of trustees at made more than 1,200 presentations at junior Thursday, November 8, 2001 The Catholic Near East Welfare Association, and senior high schools, local juvenile halls Ms. SCHAKOWSKY. Mr. Speaker, I rise on Assumption College, and Saint Vincent Hos- and group homes. pital. He holds Honorary doctoral degrees this Veterans Day to pay tribute to our nation’s from Anna Maria College, Assumption Col- The Distinguished Service Medal is awarded heroes. The veterans of this country have lege, and the College of the Holy Cross, in for an employee’s exemplary work conduct given so much to protect and secure our way Worcester. with the department for a period of months or of life. Now more than ever, it is our duty to Mr. Al Toney’s life work is the elimination of years, or involvement in a specific assignment commemorate their actions, and to commend homophobia and racism. As a self-identified of unusual benefit to the department. their commitment. gay African American male, he has experi- Mr. Speaker, I rise to recognize Randy I rise to thank our veterans for having the enced homophobia and racism first hand. A Kevorkian for earning the Distinguished Serv- courage and strength to fight for American val- former Worcester Police Officer, Mr. Toney ice Award from the California Department of ues. Though we are saddened by recent has served in leadership position for the Gay Corrections. I urge my colleagues to join me events, we can look to the valiant history of Officers Action League of New England, the in wishing Mr. Kevorkian many more years of our nation’s bravest for comfort. We can rest Gay and Lesbian Coalition of Central Mass., continued success. assured that the dream of America is worth

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.015 pfrm04 PsN: E08PT1 E2038 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 fighting, dying, and living for. We know be- pital, a 95 bed extended care center, a dialy- of the children of the United States, will be cause from every corner of the earth, the sis unit, a home health agency, infusion serv- used to reach out to the unfortunate children down trodden, the disenfranchised, and the ices, a hospice program, and outpatient in far off Afghanistan. oppressed come to seek out this dream. We healthcare services. Yet as the Santa Maria The students of North Elementary School know America is the beacon of hope and community continues to grow, the medical heard and met that challenge. I recently re- change, we can see it in the diversity of our center must expand as well. The addition of ceived a check for $348.00, made out to citizenry. the Marian Medical Center West will help al- America’s Fund for Afghan Children—that’s On September 11, 2001, a generation leviate overcrowding in the hospital’s main fa- one dollar for each student in North Elemen- blanketed by the quilt of peace and tranquility cility by providing 36 inpatient beds and ex- tary. But this was only a part of the total was awakened. This quilt of peace, stitched panded outpatient facilities. money the students raised. In fact, through a with the blood, sweat, and tears of brave The Marian Medical Center has provided variety of efforts in the month of October—in- American soldiers, was torn in a manner un- services to thousands of Santa Maria resi- cluding a Student Council penny drive and a imaginable only two months ago. Today, a dents over the last 60 years and with the addi- PTA sponsored fundraising dinner—the stu- generation comforted by a freedom so deep, tion of the new center thousands of more citi- dents of North Elementary managed to gather so common, so prevalent, and so easily taken zens can be served in the future. I am hon- an amazing sum: $1,668, over five times what for granted, can more easily identify the price ored to have the opportunity of recognizing the our President requested, The remainder of the for which it was paid. Marian Medical Center West on its grand money, it was decided, will go to the Red This generation is reminded that the sac- opening, and it pleases me that this facility Cross to aid victims of the September 11th rifice of Americans made our way of life pos- continues to prosper. tragedy here in the United States. sible. Young Americans with dreams in their f The students, parents, faculty, and mem- eyes and hope in their hearts, bought our free- bers of the Taylorville community should be dom. The tears of families who lost loved ones HONORING JAMES KRAMER AND recognized for their fine efforts. The terrorists were exchanged for our security. The peace BRIAN COTTER believed they could accomplish their goals that we have come to know, was purchased with the murder of American innocents; but by men and women that so loved our country HON. SCOTT McINNIS the American citizens have responded with aid that they risked and often gave their lives—en- OF COLORADO to the innocents of Afghanistan. Nothing else suring that freedom is not only a concept that IN THE HOUSE OF REPRESENTATIVES could better show how utterly Al Qaeda has we dream about, but a reality that we live. failed. Thursday, November 8, 2001 So it is with gratitude and the utmost re- Mr. Speaker, as President Bush said in his spect that we remember those who fought, Mr. MCINNIS. Mr. Speaker, all Americans announcement of the Fund for Afghan Chil- and those who were lost for the love of our have been going through very trying times dren, ‘‘One of the truest weapons that we nation. We move forward more vigilant, more since the terrorist attacks on September 11, have against terrorism is to show the world aware, and more determined. As we pay trib- 2001. Despite our struggle, we have pulled to- the true strength of character of the American ute to our nation’s freedom fighters, we stand gether and become a stronger nation due to people.’’ The children of North Elementary with a new pride in America. Our hopes and the resolve of our citizens. Today, I would like have shown that character, and they deserve prayers go out to those who are deployed, to recognize two patriots from Pueblo, Colo- our thanks. May God bless them, and may even now, to carry the torch in the fight for rado who have made significant contributions God bless the United States of America. freedom. At the dawning of a new day of un- to our nation’s recovery efforts. f certainty, we can look to the American values Pueblo County Coroner James Kramer, and of freedom, justice, and equality to lead us to Brian Cotter, a mortician, were members of TRIBUTE TO DR. CLARENCE peace. We thank the countless heroes, our the Disaster Mortuary Response Team that ROMERO veterans, for giving their freedom and their went to New York City to aid in the recovery lives, so that we may live free. effort at the World Trade Center disaster site. HON. KEN CALVERT f They were at ground zero with other forensic OF CALIFORNIA HONORING THE MARIAN MEDICAL pathologists helping to recover and identify the IN THE HOUSE OF REPRESENTATIVES individuals who we lost in the disaster. CENTER WEST Thursday, November 8, 2001 Mr. Speaker, James Kramer and Brian Cot- ter committed their expertise to our country Mr. CALVERT. Mr. Speaker, it is an honor HON. LOIS CAPPS during an overwhelming time of need. Just as today to rise and pay tribute to Doctor Clar- OF CALIFORNIA we have seen with the rest of the country, ence Romero, associate professor of psy- IN THE HOUSE OF REPRESENTATIVES both James and Brian provided some stability chology, at Riverside Community College Thursday, November 8, 2001 to our nation at a time of crisis. I am proud to upon being named the 2001 United States Mrs. CAPPS. Mr. Speaker, today I would have this opportunity to recognize these up- Professor of the Year. My congressional dis- like to pay tribute to the most recent addition standing individuals for their significant con- trict is privileged to have Dr. Romero teaching of the Marian Medical Center, the Marian tributions to the recovery and relief effort in our young adults as he is one of only four Medical Center West. New York City following the World Trade Cen- awardees recognized each year for extraor- Since its inception on May 20, 1940, the ter disaster. James Kramer and Brian Cotter dinary dedication to undergraduate teaching. Marian Medical establishment has found the deserve our recognition and praise. Skillful, enthusiastic and innovative teachers perpetual need to keep expanding in order to f change the lives of countless students for the better serve the growing community of Santa better by encouraging curiosity and under- Maria, California. In 1940, eight Sisters of St. TRIBUTE TO STUDENTS OF NORTH standing and by contributing to the develop- Francis of Penance and Christian Charity were ELEMENTARY SCHOOL IN ment of mind and spirit. assigned to Santa Maria to manage and staff TAYLORVILLE, IL The United States Professors of the Year a hospital for the growing community of ap- program, presented by The Carnegie Founda- proximately 8,000 people. The new facility was HON. JOHN SHIMKUS tion for the Advancement of Teaching and di- named Our Lady of Perpetual Help Hospital, OF ILLINOIS rected by the Council for Advancement and by its first administrator, Sister Noella IN THE HOUSE OF REPRESENTATIVES Support of Education, is the nation’s most highly respected program to recognize out- Dieringer. Thursday, November 8, 2001 Three years later, in 1943, the 1000th baby standing faculty. The Professor of the Year was born at the hospital, and it became appar- Mr. SHIMKUS. Mr. Speaker, I rise today to represents the thousands of dedicated univer- ent that the Santa Maria community was grow- pay tribute to the students of North Elemen- sity and college instructors throughout the na- ing fast. Sister Marilyn Ingram worked hard to tary School in Taylorville, Illinois, and their im- tion who serve their students, their community secure land in the Santa Maria area, and, portant and heartwarming efforts to help those and their state with vigor and talent. through the generosity of Captain and Mrs. affected by terrorism. Mr. Speaker, the United States has long Allan Hancock, a new facility, Marian Hospital, On October 11th, 2001, President Bush supported excellence in undergraduate teach- was able to open its doors in 1967. made a request of the children of America. He ing through competitively funding faculty sala- Today, the Marian Medical Center has ex- challenged each of them to earn and send in ries and other initiatives making our system of panded to include a 130 bed acute care hos- one dollar. This money, sent by the kindness higher education the envy of many nations.

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.019 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2039 The quality of life and the scope of opportunity Dan has been a vigorous proponent for in- victims and their families. We have also seen for many future citizens will be determined by creased exploration of Mars. He has estab- this body work in a truly remarkable bipartisan the quality of teaching in the classroom. lished a series of robotic missions that will visit fashion. In short, the nation has united behind Therefore, I join with all of the citizens in my the planet every two years for the next decade a cause in a manner we have not seen in over district in thanking and congratulating Dr. Clar- and has assured that the public will share in a generation. ence Romero as he is honored for his devo- the excitement of Mars exploration. His direc- Our global campaign to root out terrorism tion to teaching the young minds of our future tion to provide Internet access for the Mars will be a long-term commitment requiring pa- generations. Pathfinder mission resulted in more than tience and, most importantly, sacrifices from f three-quarters of a billion ‘‘hits’’ from people all involved. Previous generations have en- tuning in to the site. dured and prevailed in unified international ef- HONORING DANIEL S. GOLDIN AS In 1998, Aviation Week & Space Tech- forts in the name of freedom and democracy— THE LONGEST SERVING ADMIN- nology magazine honored Dan with the Laurel and they all required patience and sacrifices ISTRATOR OF THE NATIONAL Award for outstanding achievement in aviation from the American people. In this vein, I be- AERONAUTICS AND SPACE AD- and aerospace. The award was presented lieve any economic stimulus package passed MINISTRATION along with the commentary that Dan has ‘‘de- by this Congress should reflect the reality that livered on his promise to reshape NASA into our top priority must be to drive the war effort HON. BART GORDON a model government agency. while improving security and maintaining pros- OF TENNESSEE This year Dan was awarded one of one of perity at home. IN THE HOUSE OF REPRESENTATIVES France’s highest and most distinguished hon- Unfortunately, H.R. 3090 is not that kind of Thursday, November 8, 2001 ors: the ‘‘Officer of the Legion of Honor.’’ This package. $10 billion is devoted to reducing the award recognized his contribution to the devel- capital gains tax, a proposal that Alan Green- Mr. GORDON. Mr. Speaker, I rise today to opment and broadening of American-French span recently told Congress would have vir- commend Dan Goldin, who is leaving his posi- civil space cooperation through cooperative tually no stimulative economic value. In addi- tion as administrator of the National Aero- ventures including the International Space Sta- tion, not one dollar goes to important infra- nautics and Space Administration. Dan, who tion, Mars exploration, Earth observations, and structure improvements to secure our airports, was appointed on April 1, 1992, is the longest- the flight of French astronauts aboard the seaports, dams and power plants, or to protect serving administrator in the history of NASA. Space Shuttle. us from bioterrorism. A responsible stimulus On March 5, 2001, his time in office sur- Under Dan’s leadership NASA has reached package should include meaningful provisions passed that of James Fletcher, who held the out to honor the victims of last month’s ter- to improve security for the American people. previous record of nearly nine years during rorist attacks in New York. The next mission of This would, in turn, contribute to consumer two separate terms. the Space Shuttle Endeavour will carry ‘‘Flags confidence and create a positive ripple effect As ranking member of the Committee on for Heroes and Families.’’ Thousands of Amer- through the economy. Science’s Subcommittee on Space and Aero- ican flags will be carried into space by En- This Congress needs to continue the bipar- nautics, I have worked with Dan for many deavor and its seven member crew and, upon tisan approach of the past few weeks and de- years. I have learned that his passion is not return to Earth, will be distributed to the vic- velop a stimulus package that truly serves the limited to the exploration of space. He also tims’ families and survivors of the September interests of our country. This is not the time to cares deeply about the possibilities of science 11 attacks. be passing legislation that is little more than a and space to inspire life on Earth. I certainly Dan always recognized NASA’s potential to grab bag of goodies for special interests. know that many students in Middle Tennessee inspire students to elect careers in science Rather, this is the time to be appealing to the have been encouraged and inspired by Dan’s mathematics and engineering. His personal greater good of the American people. They vision for space exploration. leadership and the NASA programs that he are willing to do what it will take to win this Dan initiated his tenure at NASA by leading supported have involved hundreds of students war—we just need leadership in Congress that an agency-wide process to define a NASA in hands-on research experiences. NASA’s measures up to the courage and will of the Strategic Plan as the consensus definition of Summer High School Apprenticeship Re- American people. the agency’s mission and goals. The core search Program not only allows the students f guidance in this document states: ‘‘NASA’s to actually participate in research, but it also mission success starts with safety. A commit- pays them a salary as well. This intensive TRIBUTE TO ROBERT ment to safety permeates everything we do.’’ science and engineering apprenticeship pro- ROUMIGUIERE Dan has not wavered in enforcing this priority gram is specifically designed to attract and in- in every aspect of the agency on the ground crease under-represented students’ participa- HON. LYNN C. WOOLSEY and in space. tion and success rates in mathematics, OF CALIFORNIA During Dan’s tenure, the International Space science, technology and engineering courses. IN THE HOUSE OF REPRESENTATIVES Station went from the drawing boards to a fully Mr. Speaker, the nation is fortunate to have Thursday, November 8, 2001 functional, permanently staffed orbital research such outstanding public servants as Adminis- laboratory. He directed the Space Station re- trator Goldin. He has led NASA and its inter- Ms. WOOLSEY. Mr. Speaker, I rise today to design, holding together the coalition of inter- national partners in exploring the frontiers of honor Robert Roumiguiere, a Marin County national participants while incorporating the space and inspiring benefits to life on Earth. political leader who served on the Board of former Soviet Union hardware elements into Accordingly, it is appropriate today that we Supervisors for 22 years. Mr. Roumiguiere the design. By developing the cooperative Mir recognize and highly commend Daniel Goldin died on November 5, 2001, of a heart attack. research program with Russia, he enabled as the longest serving administrator of NASA Mr. Roumiguiere will be remembered espe- Space Station partners to conduct long-term and that we express our appreciation for his cially for his role in creating parks in Central space flight research even before the Inter- leadership of the nation’s space program. Marin and preserving open space on the national Space Station was operational. f County’s ridgelines. He was also instrumental Dan’s comprehensive strategy for space ex- in securing acquisition of the Northwestern Pa- ploration is exemplified by the ‘‘Origins Pro- ECONOMIC SECURITY AND cific railroad right of way in hopes of creating gram.’’ He initiated this program with objec- RECOVERY ACT OF 2001 commuter rail service and fought for improve- tives to understand how the universe has ments to the Highway 101 Freeway and use evolved, to learn how life began on Earth, and SPEECH OF of Hamilton Field as a business hub. to see if life exists elsewhere. He formulated HON. BILL LUTHER As a fiscal watchdog, Mr. Roumiguiere a rescue plan for the installation of a ‘‘contact OF MINNESOTA sought to curb county spending. His tenacious lens’’ on the Hubble Space Telescope, leading IN THE HOUSE OF REPRESENTATIVES negotiating style focused on bringing stake- to startling discoveries of the cosmos. Dan holders together to find common ground. He has challenged the Origins scientists to search Wednesday, October 24, 2001 was able to work with both Marin business for Earth-like planets within 100 light years of Mr. LUTHER. Mr. Speaker, the events of community and environmentalists to achieve Earth. He also has laid the foundation to com- September 11th have transformed the policy consensus. plete the first scientific census of the solar agenda for our nation. Over the past six After his 22 years as Supervisor, Mr. system and to send the first probe into Inter- weeks, we have witnessed truly heroic acts by Roumiguiere served on the county employees’ stellar space. individuals and organizations on behalf of the retirement board. He had a background in

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.022 pfrm04 PsN: E08PT1 E2040 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 the real estate business in Marin County and members of the Southern Christian Leadership the defeat of General Custer at Little Big Horn, often shared the products of Roumiguiere Conference in meeting with then—President and the formation of the National League of Vineyards (Big Red), which he purchased in Lyndon B. Johnson and petitioned him to Professional Baseball Clubs. Lake County in 1980. His involvement with swiftly pass the Voting Rights Act. The need for a national organization to sup- civic groups includes the Man’n Council of Boy The Ellwangers came to Milwaukee in 1967 port chemists was reflected in an over- Scouts of America, Marin Board of Realtors, to serve Cross Lutheran Church. They whelming number of early requests to form Marin Shakespeare Festival, San Rafael High strengthened the faith and ministry of the first a local New York City society and then a School PTA, and the Louise A. Boyd Marin Church and reached out to outlying commu- national society. The first regularly-scheduled Museum. nities. Through their leadership and vision, the meeting of the ACS took place on May 4, Mr. Speaker, I am proud to recognize Rob- congregation has become one known for its 1876. Annual dues were $5. ACS was still a ert Roumiguiere for his many contributions to racial diversity, social justice, and emphasis New York corporation in 1937 when it reincor- our community. His vision for Marin County on youth ministry. porated under an act of Congress, signed into will continue to inspire all of us—and he will Both Pastor Joe and his wife, Joyce, saw law by President Franklin D. Roosevelt as be sorely missed. the necessity of working ecumenically with Public Act 358. ACS headquarters soon found a home in Washington, DC. Proceedings of f others to obtain justice ministry in the life of the faith community. Pastor Joe’s commitment the meetings were communicated to the RECOGNIZING PETER VANG is made evident through the creation of chemical community through the publication of MICAH (Milwaukee Innercity Churches Allied the Journal of the American Chemical Society, HON. GEORGE RADANOVICH for Hope), and participation in AODA Treat- beginning in 1879. This journal was created to OF CALIFORNIA ment Committee and the Education Com- keep chemists informed about developments on the chemical frontier and is still the primary IN THE HOUSE OF REPRESENTATIVES mittee. Joyce’s dedication to serving others has been made visible through her coordina- forum to communicate achievements in chem- Thursday, November 8, 2001 tion of outreach programs in community orga- istry today. Mr. RADANOVICH. Mr. Speaker, I rise nizations, such as the World Food Day for Developments in chemistry often paralleled today to recognize Peter Vang for receiving Hunger Task Force, and the Hope House. national and global events. The impetus sup- the Portraits of Success Award presented by During their 34 years in Milwaukee, Pastor plied by both World Wars I and II had an enor- KSEE–24 and Companies that Care. This Joe and Joyce have impacted our community mous impact on science and technology, and award pays tribute to Mr. Vang’s involvement in many positive ways, and they will be sorely thus the nature of the ACS and the worldwide chemical enterprise. In fact, the end of WWII in the Asian-American community. Peter’s ac- missed. I am proud to join the members of saw ACS as the new trustee of the Petroleum tive involvement has made him a role model Cross Lutheran Church in thanking them for Research Fund, to be used solely to support for the members of his local community. their service to the people of Milwaukee, Wis- advanced scientific education and fundamental Mr. Vang is currently a staff analyst for the consin. Please join me in honoring Pastor Jo- research in the petroleum field. Petroleum se- Fresno County Human Services System, act- seph and Joyce Ellwanger for their enormous ing as a community liaison between the ref- curity and supply remains one of the more contributions and wishing them well in the fu- crucial issues being addressed by professional ugee community and the Human Services ture. chemists even today. System. He also coordinates and hosts the f In the mid-1960s, the growing role of the Southeast Asian Talk Show series on Radio federal government in funding scientific re- KVIF 900 AM. 125TH ANNIVERSARY OF THE AMERICAN CHEMICAL SOCIETY search caused ACS to intensify their work in Mr. Vang has served the Southeast Asian public affairs. They began to develop congres- community through his innumerable under- sional testimony and public statements of the takings. He has served in many different HON. RUSH D. HOLT Society’s position on a number of important Southeast Asian organizations and is the OF NEW JERSEY matters under consideration by Congress and founder of the Hmong American Citizens Alli- IN THE HOUSE OF REPRESENTATIVES other federal agencies, including the govern- ance and Co-founder of the Laotian Chamber Thursday, November 8, 2001 ment’s cutbacks in space and military re- of Commerce. search and development. ACS was instru- His accomplishments have earned him a Mr. HOLT. Mr. Speaker, ‘‘Some 2,500 years mental in helping chemists protect their jobs Portraits of Success Award, presented by ago, the Greek philosopher Aristotle postu- during economic downturns in these industries KSEE–24 and Companies that Care in rec- lated that all matter is comprised of four basic and to enhance the professional image of the ognition of Asian-American Heritage Month. elements: earth, water, air, and fire. The idea discipline. Mr. Speaker, I rise to recognize Peter Vang dominated science until the late 18th century, In the late 20th century, significant develop- for his commitment to improving the lives of when revolutionaries from rival nations trans- ments in the field of electronics and micro- the people in the community, I urge my col- formed chemistry from a jumble of medieval processor technology resulted in a sea change leagues to join me in wishing Mr. Vang many alchemy into a true science.’’ in analytical instrumentation, from more years of continued success. This quotation, from the American Chemical chromatographs, both gas and liquid, to spec- f Society’s Frontiers of Knowledge, provides us trometers, to wet chemistry systems. The de- with a perspective on chemistry’s birth and its velopment of fiber optic cables improved the HONORING PASTOR JOSEPH W. role as a cornerstone of modern science. I rise storage and transmission of chemical data. As AND JOYCE ELLWANGER today to congratulate the American Chemical a result, ACS Division of Computers in Chem- Society on the 125th anniversary of their es- istry was formed in April 1974. Chemistry was HON. THOMAS M. BARRETT tablishment. The ACS has been both a symbol becoming an integral part of the new global OF WISCONSIN and active advocate for basic and applied re- economy and information network. This is par- IN THE HOUSE OF REPRESENTATIVES search and the promotion of the benefits of a ticularly relevant in northern New Jersey healthy and active chemical industry. Thursday, November 8, 2001 where ACS has spearheaded efforts to make The interaction between science, govern- this area a global leader in the development Mr. BARRETT of Wisconsin. Mr. Speaker, I ment, and the vitality of our nation are closely and production of pharmaceuticals. am honored to recognize the work of Pastor linked. Developments in chemistry are re- Over the last several decades, ACS realized Joseph and Joyce Ellwanger as they retire flected in policy and public priorities through- that the public’s view of the chemical industry from Cross Lutheran Church after more than out the world. This was probably far from the was becoming tainted by some high-profile thirty years of service to both their congrega- thoughts of the founders when they first met in cases of contamination, initially triggered by tion and the people of Milwaukee. New York on April 6, 1876 to organize the So- the publication of Rachel Carson’s ‘‘Silent Pastor Joe began his ministry at St. Paul ciety. As late as 1901, one of ACS’ past presi- Spring’’ and further reinforced by chemical re- Lutheran Church in Birmingham, Alabama, dents predicted a membership of nearly leases endangering public health at Love during the era of the civil rights movement. It 10,000 chemists on their 100-year anniversary Canal and Bhopal, India. To offset these was at this time that he became committed to in 1976. In fact, membership in ACS reached events, ACS encouraged the establishment of serving the poor and supporting social justice 10,603 in 1917 and is over 163,000 today. To the Chemical Manufacturers Association’s issues, this mission would become the frame- put ACS’ inaugural year in perspective, this (now the American Chemistry Council) Re- work for his life. In 1965, he joined the Rev- same year saw the issuance of a U.S. patent sponsible Care Program. The goals of the pro- erend Martin Luther King Jr., and several on the telephone to Alexander Graham Bell, gram are to improve the chemical industry’s

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.026 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2041 performance on issues of health, safety, and motion to instruct conferees on the Aviation MEMORIAL TRIBUTE TO HOWARD environmental quality, and to improve the in- Security Act. HILL dustry’s response to public disquiet. ACS fur- Had I been present I would have voted ther responded to environmental concerns in ‘‘yea’’ on rollcall votes 426, 427, and 428. HON. HOWARD P. ‘‘BUCK’’ McKEON January 2001 by making the Green Chemistry OF CALIFORNIA Institute part of their headquarter operations. f IN THE HOUSE OF REPRESENTATIVES GCI is designing new chemical products and Thursday, November 8, 2001 processes that reduce or eliminate the genera- PASTOR ALBERT W. BAHR: FIFTY tion and use of hazardous substances. YEARS OF CHRISTIAN LEADER- Mr. MCKEON. Mr. Speaker, recently a won- The success of ACS at their 125-year mark SHIP derful friend of mine lost his life. On August is demonstrated by a membership more than 15, 2001, Howard Lydell Hill passed away at 163,000 strong, 33 discipline divisions, and the age of 61. Howard’s death is a great loss the publication of 34 different professional HON. JAMES A. BARCIA to his family and his friends, as well as to the journals and magazines which contain more entire community. He was a kind, caring, and than three million pages of original, peer-re- OF MICHIGAN capable man who was always generous with viewed research findings. ACS has been a IN THE HOUSE OF REPRESENTATIVES his time and talents in order to help others. leader in promoting science and the chemical Howard was born on March 30, 1940 in profession and I hope that this body will antici- Thursday, November 8, 2001 Utah to Franke and William Hill. His family pate celebrating their bicentennial anniversary moved to California in 1941 and settled in Bur- to mark the next 75 years of achievements. Mr. BARCIA. Mr. Speaker, I rise today to bank. During his youth, he forged numerous honor Pastor Albert W. Bahr upon the occa- f life-long friendships. Many of those persons sion of the 50th anniversary of his ordination attended his burial, offering testimony to the PAYING TRIBUTE TO JOHN AND in the Lutheran ministry and his many years of high quality of his character. MERLE GLENN faithful service to the Lord as spiritual leader Howard led an exemplary life as a longtime to Christian followers in New York, Missouri, resident of Newhall. He and his wife, Carolyn, HON. SCOTT McINNIS Wisconsin, and Michigan, including the past were married 39 years and raised seven chil- OF COLORADO 10 years as administrative pastor of Immanuel dren. He cherished his family and was a lov- IN THE HOUSE OF REPRESENTATIVES Lutheran Church in Sebewaing, MI. Pastor ing husband, father, and grandfather. Howard truly loved God, his family, and his fellow man. Thursday, November 8, 2001 Bahr also served at St. John Lutheran Church in Port Hope, MI. Howard possessed a sharp mind and had a Mr. MCINNIS. Mr. Speaker, I would like to strong background in math and physics. He Those who know Pastor Bahr say his intro- take this opportunity to recognize John and attended Brigham Young University, where he duction to the Lord’s grace and good works Merle Glenn for their contributions to the learned the compounding of plastics. After began at his mother’s knee soon after his birth American Red Cross. For over three years, joining Keysor-Century as a production fore- in Seaford, Long Island, NY on June 2, 1924. the Glenns have volunteered their time and ef- man, he held increasingly important manage- fort to their local Red Cross chapter. His formal religious training culminated with rial positions at plants in Delaware and in the While trying to stay active after their retire- his ordination on November 11, 1951, at St. Santa Clarita Valley. Howard assumed the po- ment, the Glenns began to volunteer their time Martini’s Church in Milwaukee, WI. Since then, sition as CEO in 1982. He was an innovative and to contribute to their community. This year Pastor Bahr has dedicated his life to directing man with a keen intellect and was able to alone they have responded to over 150 calls people of all ages and backgrounds to our manage the company extremely well. from the organization. They have responded Savior. Pastor Bahr has positively enriched In addition to his business endeavors, Hill to disasters ranging from air crashes to many lives beyond measure and his influence was an invested community participant. He wildfires, and the World Trade Center disaster. will be felt for generations to come. served as a governing board member for the Recently they have donated their time to train It has been Pastor Bahr’s mission to serve Newhall School District from 1977–1985 and New York state volunteers in the alleviation of in a multitude of capacities at the Congrega- was one of the finest board members the fires in urban environments. tional, Circuit, District and Synodical levels of Santa Clarita Valley has ever seen. He was a As is common in the Red Cross, volunteers the Lutheran Church. His spiritual devotion counselor for young singles at the Church of only receive compensation for expenses while has also called him to spread the word of God Jesus Christ of Latter-day Saints, Newhall, on assignment. The Glenns have often over- through Christian example in community activi- second ward, a former church bishop and looked this formality in response to calls. They ties outside the parameters of his ministry. counselor to the stake president, a Henry have amassed thousands of miles on their During his 50 years of service, Pastor Bahr Mayo Newhall Memorial Hospital board mem- personal vehicles and have not sought reim- ber from 1986–1994 and a board member for has achieved many successes and played a bursement. the Santa Clarita Valley Boys and Girls Club. pivotal role in myriad projects, including lead- Mr. Speaker, it is a great honor to recognize Howard had a genuine interest, and heartfelt ing efforts to build two magnificent churches. John and Merle Glenn for their volunteer ef- concern for children and their education. He Pastor Bahr’s faithfulness and dedication in forts to the American Red Cross. Their dedica- loved working with youth and young adults tion to helping others in a time of need reflects sharing with others the good news of God’s and was a father figure to many. positively upon themselves and their commu- love in Christ has made him a beacon of hope Although Howard leaves a legacy of service nity. and grace to the congregations to which he that will long be remembered by our commu- f has ministered and to the larger communities nity, his family and friends will remember him where he has lived and preached. best as a great man with a kind heart and tre- PERSONAL EXPLANATION Pastor Bahr would be the first to acknowl- mendous integrity—one who was devoted to edge that the love and support of his wife, making his world a better place. HON. CAROLYN B. MALONEY Loide, has been an integral element in his f OF NEW YORK success. Others know that the guiding hand of TRIBUTE TO THE WORLD CHAM- IN THE HOUSE OF REPRESENTATIVES parental examples clearly led their six sons, PION ARIZONA DIAMONDBACKS Thursday, November 8, 2001 Paul, John, Joel, Seth, Mark, and David, and their daughter, Mary, to active roles in the Mrs. MALONEY of New York. Mr. Speaker, church. Six of the Bahr children are engaged HON. JOHN B. SHADEGG on November 6, 2001, I was unavoidably de- full-time in church service and one is an active OF ARIZONA tained and missed rollcall votes numbered lay leader. IN THE HOUSE OF REPRESENTATIVES 426, 427, and 428. Rollcall vote 426 was on the motion to suspend the rules and agree to Finally, Mr. Speaker, I ask my colleagues to Thursday, November 8, 2001 Senate amendments to the Need-Based Edu- join me in praising Pastor Bahr for all he has Mr. SHADEGG. Mr. Speaker, I rise today to cational Aid Act; rollcall vote 427 was on the done to meet the spiritual needs of his flock honor and pay tribute to the World Champion motion to suspend the rules and pass, as and in wishing him continued strength and Arizona Diamondbacks. amended, the Financial Services Antifraud good fortune in spreading God’s word for The 2001 World Series has left poets and Network Act; and rollcall vote 428 was on the years to come. historians searching for ways to digest where

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.031 pfrm04 PsN: E08PT1 E2042 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 it fits into the fabric of great sporting events HONORING EMERGENCY SERVICE of the Indiana Repertory Theater and leader- we have witnessed in a lifetime. Unquestion- WORKERS DURING LOCAL HE- ship roles in diverse Indianapolis community ably, it was the greatest sporting event I have ROES WEEK organizations of great value to the life of the ever witnessed and it’s bound to have a last- city. ing impression on my son who sat beside me HON. CHET EDWARDS Meta stands with David in her own commit- at game seven. The 2001 World Series ex- OF TEXAS ment to civic virtue. She has served as Presi- plained why they play, and why we watch. IN THE HOUSE OF REPRESENTATIVES dent of IHC’s Sisterhood and has chaired the The world found out on Sunday night that Federation Women’s Division and the Federa- miracles do happen, they just don’t always Thursday, November 8, 2001 tion’s Committee on Aging. Her advocacy for happen for the New York Yankees. Sunday Mr. EDWARDS. Mr. Speaker, it is particu- the elderly was marked, as well, by her serv- was the Arizona Diamondbacks chance to be larly fitting, in the wake of the tragic events of ice as President of Park Regency. On the na- the ‘‘Phoenix’’ rising from the ashes in the September 11th, 2001 and the courageous tional stage, Meta has served on the boards of ninth inning. and selfless acts of heroism by New York’s the Association of Reform Zionists of America The Yankees three straight dramatic wins in police, firefighters and rescue workers which and the National Federation of Temple Sister- New York supposedly had the Diamondbacks were witnessed and acclaimed by the world, hoods, chairing the Sisterhood’s Israel Com- demoralized and beaten. It was only a matter that we extend our gratitude to police, fire and of finishing the series and collecting the rings. emergency service workers in all of America’s mittee. But ‘‘destiny’’ and ‘‘momentum’’ only go as far communities. The citizens of Bell County and The Kleimans have been recognized in their as your last game. Copperas Cove, Texas in my congressional home community with the Mossler Community The Diamondbacks showed tremendous tal- district are honoring these public servants, Service award and the Ivan Chalfie award, im- ent and heart to overcome the magic of the from November 18–24, during the 10th ob- portant honors in the city of Indianapolis. In Yankees comeback wins. The Yankees came servance of Local Heroes Week. addition, Meta has received the L.L. Goodman to Arizona with seemingly insurmountable mo- This expression of appreciation to our local award and David has been recognized as mentum. However, it evaporated in Phoenix public safety workers for their service to Cen- B’nai B’rith Man of the Year. on Saturday as the New Yorkers and their tral Texas, which has grown every year since Individually and together, the fans endured a 15–2 drubbing. The stage was its inception in 1992, raises funds from area Kleimans’contributions to the United States, to now set for one of the most memorable game businesses and organizations to endow schol- Indiana, to Indianapolis and to Indiana’s 10th sevens in baseball history. arships at Central Texas College for their im- Congressional District are in the highest tradi- The game seven pitching match up of Curt mediate families. tion of selfless public service. I ask, Mr. Schilling and Roger Clemens had all the mak- As a community, we owe a special thanks Speaker, that you and my colleagues in the ings of a classic duel. Both had Cy Young to the police officers, fire fighters and emer- People’s House join in commending each of Award worthy seasons and they both domi- gency workers we honor and our sincere ap- the Kleimans for their lives of service, cele- nated throughout the post season. On top of preciation to those who organize Local Heroes brating their civic virtue and commitment. that, Schilling attributes his success over the Week. The recent tragedies at the World past few years to a ‘‘talking to’’ Clemens gave Trade Center in New York and at the Pen- f him. Before the game Schilling said he felt like tagon in Arlington, Virginia remind us that he was in an essay contest with Hemingway every day, in every city and county in the CONGRATULATING PATSY MILTON or a ‘‘paint-off’ versus Picasso. country, these men and women put their lives And then, on Sunday night, after the on the line to protect us from harm. Yankees took a 2–1 lead late and appeared Mr. Speaker, I ask the Members of the HON. GEORGE RADANOVICH headed to their fourth straight world title, the House of Representatives to join me in hon- Diamondback miracle happened: The Yankees oring these local heroes, in Copperas Cove OF CALIFORNIA had gotten the seventh game right to where and Bell County, and across the nation. They IN THE HOUSE OF REPRESENTATIVES they wanted it, with a one-run lead and the define the spirit of public service and we are ball in the hands of their phenomenal closer, grateful. Thursday, November 8, 2001 Mariano Rivera. But Rivera, virtually unhittable f at all other times, gave up four hits, two runs, Mr. RADANOVICH. Mr. Speaker, I rise the lead, the game and the series. The Ari- COMMENDING DAVID AND META today to congratulate Patsy Milton for receiv- zona Diamondbacks beat the best to become KLEIMAN FOR THEIR CIVIC COM- ing a 2001 Common Threads Award. This the best!!! MITMENT award is presented to women in agriculture The Diamondback victory really comes who have made a remarkable contribution to down to the overwhelming desire of great HON. JULIA CARSON their community through volunteer work and baseball players to reach the pinnacle of their OF INDIANA philanthropy. sport. From the first day of spring training, IN THE HOUSE OF REPRESENTATIVES Patsy Milton has been a passionate advo- rookie manager Bob Brenly and D-Back play- Thursday, November 8, 2001 cate for educating others on the importance of ers, had a goal of not just getting to the World agriculture in their lives. Patsy, her husband Ms. CARSON of Indiana. Mr. Speaker, Series but winning the World Series. They Rick, and their family raise stone fruit and these are times to especially honor civic com- never looked away from it and emerged from grapes in the area surrounding Parlier, Cali- mitment of the sort that serves as powerful ex- a very dark moment until the light of triumph fornia. She and her husband are highly in- ample to all Americans. Today I am privileged was blinding. volved in the Fresno County Farm Bureau. In While the entire Diamondback franchise— to commend to the nation two distinguished the Farm Bureau, Patsy has been the coordi- from owner Jerry Colangelo to third base citizens of Indianapolis, Indiana, David and nator of the Ag in the Classroom program coach Chris Spier—played a part in their Meta Kleiman, who will be specially honored since its inception in 1987. Her community in- World Series victory, I want to single out two this evening at the Indianapolis-Israel Dinner volvement includes the Reedley Fresh Fruit remarkable D-Backs who will go down in his- of State. Festival, Riverview School Parent Teacher tory as the most feared one-two pitching True friends of the city, the Kleimans have punch in baseball. Congratulations Randy lived their lives as models of civic virtue for all Club, Reedley High School Band Boosters, Johnson and Curt Schilling for being awarded to emulate. David has served on many Jewish Reedley Drama Club, and Christ Lutheran Co-MVPs of the World Series. organizations, including the Jewish Federation Church in Reedley. In 1995 she received the Mr. Speaker, I want to thank the Arizona Di- of which he was president from 1981–84. He California Foundation for Agriculture in the amond Backs and the New York Yankees for has also served as president of the JCCA, the Classroom Volunteer Award. treating fans across the country to a thrilling Indiana Jewish Historical Society, and B’nai Mr. Speaker, I rise today to congratulate World Series. Two classy teams rose to the B’rith Lodge No. 58. Patsy Milton for earning a 2001 Common top of both leagues this year, and they gave A leading partner with the law firm Dann, Threads Award. She has shown outstanding us a World Series for the ages. They gave us Pecar, Newman & Kleiman, Mr. Kleiman’s life involvement, not only in agriculture, but also in the pure entertainment of a great sport played has featured even greater commitment to the strengthening her community. I urge my col- at its highest level and got this country’s mind community at large, including distinguished leagues to join me in wishing Ms. Milton a off darker concerns for a couple of weeks. service as Chairman of United Way, President bright future and continued success.

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.035 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2043 PERSONAL EXPLANATION ipal Court and Milwaukee County Circuit spond to a biological attack. It is clear to me Court. Judge Miller knew that justice began and the cosponsors of this legislation that HON. CHRISTOPHER SHAYS with equal representation of the community on there needs to be a significant investment in OF CONNECTICUT the bench, and for this reason, he encouraged teaching health professionals about the effects of chemical, biological and nuclear agents. IN THE HOUSE OF REPRESENTATIVES many African American attorneys to become judges. While health care specialists in the Armed Thursday, November 8, 2001 Judge Miller believed in our youth. He Forces have developed a substantial body of Mr. SHAYS. Mr. Speaker, on November 6, stressed the importance of preventing crime information, their mission does not extend to I was in Connecticut participating in our local and worked tirelessly to keep kids out of the teaching and assisting community health care elections and, therefore, missed three re- court system. From the bench, he urged pro- providers throughout the United States. Fur- corded votes. fessionals to be more vigilant of the needs of ther, we have seen the limitations of the Cen- I take my voting responsibility very seriously children, before serious problems arise. ters for Disease Control and Prevention in re- and would like the CONGRESSIONAL RECORD to Through his years of work in the courts and sponding to outbreaks and attacks. The VA reflect that, had I been present, I would have in our community, Judge Miller set a high health care system is an important piece to voted ‘‘yes’’ on recorded vote No. 426, ‘‘yes’’ standard for those who will follow him, and he addressing the problems we currently face. on recorded vote No. 427, and ‘‘yes’’ on re- will be deeply missed. I join the residents of Perhaps what is most important about the corded vote No. 428. Milwaukee in extending our condolences to his VA’s capability is that it already exists in the f family, and honoring this great man. 54 states and territories. The VA consists of f 171 hospitals, 800 outpatient clinics and other PAYING TRIBUTE TO WILLIAM G. facilities with their 182,000 employees includ- AIKEN NATIONAL MEDICAL EMERGENCY ing 14,000 physicians, and 60,000 nursing PREPAREDNESS ACT OF 2001 personnel of whom 37,000 are registered HON. SCOTT McINNIS nurses. This represents a federally-appro- OF COLORADO HON. CHRISTOPHER H. SMITH priated resource with centralized command IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY and control leadership that is the largest fully IN THE HOUSE OF REPRESENTATIVES integrated health care system in the United Thursday, November 8, 2001 States. In past disasters, the VA hospital has Thursday, November 8, 2001 Mr. MCINNIS. Mr. Speaker, I would like to sometimes been the only operational medical take this opportunity to recognize William G. Mr. SMITH of New Jersey. Mr. Speaker, facility in affected localities. This widely dis- Aiken and his contribution to this country dur- today I am introducing legislation, the ‘‘Na- persed but integrated healthcare infrastructure ing World War II. Bill began his service in tional Medical Emergency Preparedness Act makes the VA an essential national asset in 1943 at the invasion of Salerno, Italy and of 2001’’ to create at least four new National responding to potential biological, chemical, or fought courageously to defend freedom and Medical Preparedness Centers within the De- radiological attacks. VA’s existing medical ca- this great country. partment of Veterans Affairs. These centers pability could be quickly expanded and en- Mr. Aiken operated mortars in the 84th Mor- would develop contemporary diagnostic and hanced with only modest investments. tar Battalion of the 5th Army. He was tasked treatment programs, as well as teaching proto- The mission of these centers would be to with the assignment of providing artillery field cols to deal with the many possible chemical, conduct research and develop methods of de- support to the invading allied forces. As such, biological and radiological threats that may tection, diagnosis, vaccination, protection and Aiken’s unit was often in the lead of several confront our Nation at this dangerous time. I treatment for chemical, biological, and radio- invading beach assaults; including nine ten- am joined by distinguished colleagues of the logical threats to public safety, such as an- uous days on the beaches at Salerno where Veterans’ Affairs Committee: LANE EVANS, our thrax, smallpox, bubonic plague, radiation poi- they clung to the beachhead as the Nazis tried Ranking Member; MIKE BILIRAKIS, our Vice son and other hazards to human health that to repel Aiken’s squad and the rest of the Chairman and Chairman of the Energy and we may not be able to fathom today. My bill American units. Mr. Aiken returned to Colo- Commerce Subcommittee on Health; STEVE would authorize these centers to engage in di- rado after the war and retired in 1978. Among BUYER, our Chairman of the Subcommittee on rect research, coordinate ongoing and new re- his decorations are the Purple Heart for Oversight and Investigations; and CLIFF search and educational activity in other public wounds he received in combat and the Bronze STEARNS, our former Chairman of the Sub- and private agencies, including research uni- Star for valor. committee on Health and Chairman of the En- versities, schools of medicine, and schools of Mr. Speaker it is a great privilege to recog- ergy and Commerce Subcommittee on Com- public health. The centers would act as clear- nize William G. Aiken for his service to this merce, Trade and Consumer Protection. inghouses for new discoveries and serve to country. He served selflessly in a time of great As we watch with deep concern the unfold- disseminate the latest and most comprehen- need, bringing credit to himself and this na- ing events and investigations regarding an- sive information to public and private hospitals tion. If it were not for men like Bill, we would thrax in Florida and New York, in my own in order to improve the quality of care for pa- not enjoy the freedoms we so value today. Congressional district in Trenton, New Jersey, tients who are exposed to these deadly ele- f and now here in Congress, in the Brentwood ments. The skills and knowledge they produce Post Office and a number of other locations, would also help to protect health care workers, HONORING JUDGE STANLEY A. I believe that it is imperative that Congress en- emergency personnel, active duty military per- MILLER sure our Nation better prepare itself for inci- sonnel, police officers, and hopefully, all our dents of terrorism. We need timely, effective, citizens. HON. THOMAS M. BARRETT and comprehensive responses to protect the Through its extensive medical and pros- OF WISCONSIN health of the American people, and that is why thetic research and clinical care programs, VA IN THE HOUSE OF REPRESENTATIVES my colleagues and I are introducing this bill. already has expertise in diagnosing and treat- The new centers would be under the general ing viral and bacterial illnesses associated with Thursday, November 8, 2001 umbrella of the Department of Veterans Af- previous serious health problems, such as the Mr. BARRETT of Wisconsin. Mr. Speaker, I fairs, but would have special—even unique— hepatitis C epidemic, the HIV pandemic, and am honored to pay tribute to the work of missions that encompass a much larger role in in earlier generations, the tuberculosis crisis. Judge Stanley Miller. Through his service in protecting Americans. In the early part of this century, a number of the Milwaukee Courts, our city was provided The bill calls for the establishment of at VA hospitals were created specifically to com- with not only a fair arbitrator, but also a men- least four geographically dispersed locations. bat tuberculosis, which had a high incidence in tor who was deeply committed to improving Each center would independently study and the veteran population. VA currently operates our community. work toward solutions to problems emanating two War-Related Illness Centers tasked with Judge Miller’s leadership was evident from from exposure to dangerous chemical, biologi- developing specialized treatments for those ill- the very beginning of his career. While attend- cal and nuclear weapons. Although the VA nesses and injuries that result from veterans’ ing the University of Wisconsin Law School, would oversee these new centers, their work combat and wartime exposures. VA has suc- Miller was elected the first African American products should provide for the general wel- cessfully launched new centers with expertise president of the Student Bar Association. fare of the people. Mr. Speaker, we have in geriatrics and gerontology, mental illness He went on to serve our community for learned a great deal in the last month about and Parkinson’s disease. These centers are more than 20 years on the Milwaukee Munic- our health system’s ability to recognize and re- superb examples of what experts can do when

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.051 pfrm04 PsN: E08PT1 E2044 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 provided appropriate resources dedicated to options to obtain affordable supplemental cov- Medicare all together, you can move into a se- specific goals. They show VA’s ability to orga- erage for Medicare. lect category of Medigap plans (A, B, C and nize and develop programs and provide treat- The Medicare+Choice program is an option F) without any individual health underwriting. ment for vexing health problems. In essence, that many seniors appreciate and it is an op- This protection is obviously important because these new National Medical Preparedness tion that should remain viable in Medicare. Un- it makes more affordable Medigap options Centers would study those illnesses and inju- fortunately, the problem of plan pullouts, ben- available to people who through no fault of ries likely to come from terrorist attacks with efit reductions, and cost increases, will never their own can no longer remain members of weapons of mass destruction, or from another be solved by continuing to pour more money the Medicare+Choice plan in which they had national environmental or biological emer- into HMOs. Even if their demands for ever been enrolled. gency with similar risks. higher payments are met, they will change Unfortunately, these protections do not ex- As we have seen since the anthrax inci- yearly—just as our benefits do in the Federal tend to seniors whose plans make drastic dents occurred, in many instances we possess Employee Health Benefits Program. This is changes, but stop short of completely with- no real protection, few treatments and only ru- because—unlike the rest of Medicare—these drawing from the program. Many Medicare dimentary methods of detection or diagnosis— plans are private companies that make annual beneficiaries are getting letters from their this situation is simply unacceptable, Mr. changes to their benefit offerings based on HMOs describing changes to their plan for Speaker. We need to make a major effort, and costs and other business decisions. The bot- next year that are so dramatic that the plan no provide funding to accomplish it, such as we tom line is that they are in business to make longer meets their financial needs, health have done in many other cases. Whether in money. That’s understandable, but it under- needs—or both. putting a man on the moon 32 years ago, or mines program stability, and confuses bene- In my district, PacifiCare is pulling out of in combating polio closer to home, it is incum- ficiaries. some parts of the county, but remaining in bent upon this Congress to encourage and The bill I am introducing today, along with a others. In the areas where they remain, they fund solutions—in this case, to prepare the group of colleagues including Reps. GEP- have instituted a new $400 hospital deductible Nation to prevent or respond to the new and HARDT, RANGEL, DINGELL, WAXMAN, BROWN, for each covered admission (up from $100 last very real threats from terrorist use of chemical, KLECZKA, CARDIN, THURMAN and TIERNEY, will year), a new $50 copayment for dialysis where biological and radiological poisons. help senior citizens and other beneficiaries there had been none, and increased Medi- Mr. Speaker, this is a time for all of us to deal with the everchanging world of care-covered inpatient injectible medication think hard about what has happened to us, Medicare+Choice. cost-sharing from $30 to $250 or the full cost and what we need to do about it. The Presi- It doesn’t heap any new money on the HMO of the drug, whichever is less. By any stand- dent has taken the right action by deploying industry. ard, these are dramatic increases. HealthNet, our military forces in search of justice over- Instead, it extends important consumer pro- which also serves my district, will now have a seas. We need to help him with the right solu- tection standards to Medicare beneficiaries hospital deductible of $750, and they have tions here at home. These centers that our who find themselves in a plan that no longer dropped all coverage of prescription drugs,, legislation would authorize are the right way to meets their needs. There are three major while more than doubling their premium from proceed in this important work. Please join components to the bill: $30 to $85 a month. with us in supporting our initiative to authorize (1) Eliminate the Medicare+Choice lock-in These changes may well affect the ability of four new National Medical Preparedness Cen- scheduled to begin going into effect in January current enrollees to afford to continue in the ters, working within the Department of Vet- 2002. plan—and certainly could impact their ability to erans Affairs, but working for us all. (2) Extend the existing Medigap protections get needed care. It is very likely that a f that apply to people whose Medicare+Choice Medigap supplemental policy might make bet- plan withdraws from the program to anyone ter sense for these beneficiaries. Therefore, it TRIBUTE TO RILEY’S whose Medicare+Choice plan changes bene- is critical to extend the current Medigap pro- fits or whose doctor or hospital leaves the tections for when a plan terminates Medicare HON. IKE SKELTON plan. participation to participants of plans that have OF MISSOURI (3) Prohibit Medicare+Choice plans from made changes to their benefits like those de- IN THE HOUSE OF REPRESENTATIVES charging higher cost-sharing for a service than scribed above. Medicare charges in the fee-for-service pro- Those same protections need to apply if a Thursday, November 8, 2001 gram. This provision is crafted to continue to patient’s doctor or hospital discontinues par- Mr. SKELTON. Mr. Speaker, let me take allow reasonable flat-dollar copayments. ticipation in the Medicare+Choice plan as well. this means to congratulate Riley’s Irish Pub, of The bill is endorsed by a host of senior and There have never been any lock-in provisions Lexington, Missouri, for being recognized in a consumer advocacy organizations including: for providers that require that they continue recent issue of American Profile. Riley’s has the National Committee to Preserve Social Se- with a Medicare+Choice plan for the full con- played an instrumental role in revitalizing the curity and Medicare, Alliance for Retired tract year. Again, it is beyond a patient’s con- heritage of my hometown, keeping downtown Americans, National Council on the Aging, trol if their doctor or hospital withdraws from alive with activity seven days a week. Families USA, The Medicare Rights Center, their HMO. They need to have the option to Mr. Speaker, Riley’s Irish Pub is a fine res- California Congress of Seniors, and California follow that doctor—and that likely means being taurant and an asset to Lexington. My friends, Health Advocates. They’ve endorsed it be- able to join a Medigap supplemental plan and Shirley Childs and Katherine VanAmburg, the cause the three components are each impor- return to traditional fee-for-service Medicare. owners of Riley’s, are doing a terrific job. I tant consumer protection improvements for The third provision of the bill may be the know that Members of the House will join me beneficiaries in Medicare+Choice plans. most important. I am truly shocked by the in wishing them all the best in the days ahead. Eliminating the lock-in means that no one level of gamesmanship going on with the cost- f will be forced to stay in a health plan that sharing proposals being put forth by many doesn’t meet their needs. When seniors get HMOs in their Medicare+Choice plan outlines INTRODUCTION OF THE marketing material from an HMO and choose this year. I believe that the Secretary has the MEDICARE+CHOICE CONSUMER to join, they don’t know what illnesses will be- latitude in current law to prohibit many of PROTECTION ACT fall them or what injuries may occur. If they these schemes from being put in place—and picked a plan that suddenly doesn’t meet their I encourage him to make ample use of that HON. FORTNEY PETE STARK specific needs, they need to be able to get power. But, I think we need a change in law OF CALIFORNIA out. The lock-in prohibits that flexibility. Espe- that makes it perfectly clear that Medi- IN THE HOUSE OF REPRESENTATIVES cially with the volatility of the Medicare+Choice care+Choice plans cannot charge patients marketplace over the past several years, it is more for a service than the patient would face Thursday, November 8, 2001 important that seniors know that if they test an under the Medicare fee-for-service program. Mr. STARK. Mr. Speaker, I rise with a group HMO and don’t like it, they’ll be able to leave Medicare+Choice guarantees beneficiaries of colleagues to introduce the and choose a Medicare option that better suits the same benefits they get from Medicare— Medicare+Choice Consumer Protection Act of them. This is a provision that is agreed upon plus more. If a Medicare HMO is charging $50 2001. Congress should enact this bill imme- and strongly supported by both consumer ad- for dialysis services that a patient needs to diately to ensure overdue protections for vocates and the managed care industry. stay alive and those same costs would be ap- Medicare+Choice enrollees who are seeing in- Under current law, if your Medicare+Choice proximately $23 in fee-for-service Medicare, creasing costs, decreasing benefits, and fewer plan leaves your community or withdraws from that is not meeting Medicare’s level of benefit

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.043 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2045 coverage. I can’t understand why we would The Ukrainian people have been fighting for events, the deaths were covered up and this want to allow that. If Medicare covers home their independence since the 16th century. man-made atrocity denied by the government health care with no cost-sharing, why should With the arrival of the Marxist/Leninist ideas at of the former Soviet Union. Today we remem- we allow Medicare+Choice plans to diminish the end of World War 1, their struggle contin- ber. the value of that benefit by charging cost-shar- ued and intensified because of the farm col- As Ukraine celebrates its 10th year of inde- ing? The same is true with durable medical lectivization efforts. Stalin’s government could pendence this year, public recognition of the equipment, and the list goes on and on. not frighten or punish Ukrainians enough to famine is vitally important. A national com- On top of being unfair, the ability to charge make them give up their land and desert their memorative service will be held on Saturday, higher cost-sharing for services like DME, ideal of freedom and nation-statehood. In- November 17, 2001, at St. Patrick’s Cathedral home health, and dialysis perpetuates the stead, his government made a decision to ex- in New York. cherry picking and risk avoidance that is well- terminate the sense of nation among the We must remember and do everything we documented in the Medicare HMO program. It Ukrainian people and as a result, Stalin’’s gov- can to prevent similar tragedies from hap- has the obvious unfair consequence of allow- ernment murdered a large portion of the popu- pening again. ing Medicare+Choice plans to avoid patients lation. Almost a quarter of all Ukrainians died f that know they will need those services. Pa- in those dreadful years. RECOGNIZING THE SERVICE OF tients with specific health needs read the ben- These abhorrent events were hidden from MARK BROXMEYER efit package carefully to see what is covered the public for the duration of the Soviet rule. before they enroll. They won’t even apply for Now it is our duty to bring them to the atten- the plan if their needed services are too costly tion of the world in order to remind us all of HON. ERIC CANTOR or not covered at all. That keeps the Medi- the benefits of democracy and horrors that an OF VIRGINIA care+Choice plans from enrolling costly pa- oppressive government can perpetrate on its IN THE HOUSE OF REPRESENTATIVES tients. They’ve already won at delaying risk people. At this time of war, when the United Thursday, November 8, 2001 adjustment which would help solve that prob- States and the world battle terrorism, we once Mr. CANTOR. Mr. Speaker, I rise today to lem. We shouldn’t let them begin to use cost- again were reminded that it is impossible for recognize the remarkable service of Mark sharing as another mechanism to avoid risk. us to tolerate any oppressive regime. In the Broxmeyer. On Monday, November 12, 2001, These are common sense protections that end, America came under fire because Amer- Mr. Broxmeyer will be honored at the Holo- would help beneficiaries feel more confident ica is the beacon of democracy and freedom. caust Memorial and the Educational Center of about their choices. Proponents of the Medi- We, together with the Ukrainian American Nassau County’s 9th Annual Tribute Dinner. care+Choice program should support enact- community, will commemorate the abhorrent He will receive the distinguished ‘‘Community ment of this legislation because it will reduce acts of Stalin against the Ukrainian nation on Service Award.’’ the uncertainty and fear factor that makes November 17, 2001 in St. Patrick’s Cathedral I have had the pleasure of working with beneficiaries understandably skeptical about in New York. We will remember the victims of Mark through his role as Chairman of the Jew- the Medicare+Choice program in the first the cowardly terrorist attacks that took place in ish Institute for National Security Affairs place. New York, Pennsylvania, and Washington on (JINSA). Mark has worked tirelessly to provide The bottom line is that the Medicare+Choice September 11, 2001. We will mourn together timely, critical information to the Administra- Consumer Protection Act is a simple, incre- the losses of our two countries and come to- tion, Congress and the media on the national mental bill that will help protect Medicare gether to celebrate the spirit of freedom that security of the United States and the important beneficiaries who choose to enroll in a Medi- will undoubtedly persevere. role of Israel in bolstering democracy in the care+Choice option. We’ve made this option f Middle East. Israel is unique in the Middle available to seniors, and I think it is our re- East because it shares our values of democ- sponsibility to assure that they don’t lose other 68TH ANNIVERSARY OF THE racy and freedom. Mark has been a vocal ad- options in Medicare because they’ve taken us UKRAINIAN FAMINE OF 1932 TO vocate of standing with our allies against ter- up on the offer. I urge all of my colleagues to 1933 rorists, remaining strong in our resolve to work join us in enacting this small, but important bill together to defeat them. this year. HON. SANDER M. LEVIN However, Mark’s service is not limited by his f OF MICHIGAN dedication to defense and security issues. He IN THE HOUSE OF REPRESENTATIVES THE INJUSTICE THAT BEFELL THE continues his global service on the Board of Directors of the United Nation’s Economic De- UKRAINIAN PEOPLE Thursday, November 8, 2001 Mr. LEVIN. Mr. Speaker, I rise today to velopment Corporation and works tirelessly for HON. MICHAEL R. McNULTY commemorate the 68th anniversary of the national causes including being named ‘‘Man Ukrainian Famine of 1932 to 1933, which took of the Year’’ by the United Cerebral Palsy As- OF NEW YORK sociation. Yet service begins at home and he IN THE HOUSE OF REPRESENTATIVES the lives of at least seven million Ukrainians. It is too little known that 68 years ago lead- serves the health and well-being of his com- Thursday, November 8, 2001 ers of the former Soviet Union deliberately munity through his work as a trustee of the Mr. McNULTY. Mr. Speaker, I condemn the employed the ruthless policies of forced col- North Shore Long Island Jewish Health Sys- horrible injustice that befell the Ukrainian peo- lectivization and grain seizures to suppress tem Foundation. He is also a member of the ple 68 years ago. Approximately seven million and politically neutralize the Ukrainian people. Board of Hofstra University. Mr. Speaker, Mark Broxmeyer understands Ukrainians fell victim to the famine inflicted by The Soviets hoped to crush the nationalist the importance of community service. The Hol- the Soviet government to extinguish the spirit of Ukraine and replace it with a politically ocaust Memorial and Educational Center of Ukrainian struggle for freedom. The 1932– homogeneous Russian realm. 1933 famine was a premeditated effort to ex- Historians have named this the ‘‘harvest of Nassau County have chosen well in recog- terminate the national consciousness of the sorrow.’’ Harvests in the early 1930s yielded nizing Mark. He has dedicated himself to Ukrainian peasantry in order to stop their con- solid crops but the Soviets imposed such reaching out to the global, national and local tinuous resistance to Leninist/Stalinist ideals. harsh levies on the crops that villages were communities, truly making a difference. I hope The causes of the famine had nothing to do often left with nothing. The situation worsened you will join me in congratulating Mark on this with the harvest. Production of grain during when border checkpoints were established to remarkable achievement and in wishing him those years remained at the usual levels. The prevent starving Ukrainians from entering Rus- well as he continues his good work. government confiscated the grain in order to sia, and to prevent any food from being f export it to gain money for industrialization in brought into Ukraine. THE INTRODUCTION OF THE GIVE the former Soviet Union. Such was Stalin’s More than seven million people were cruelly FANS A CHANCE ACT OF 2001 undeclared war against the Ukrainians’ right to starved to death because of these repressive independence and freedom. Many Ukrainians measures. Survivors spoke of eating weeds died heroically to preserve their right to live in HON. EARL BLUMENAUER and the bark of trees to survive and of Red OF OREGON a free and independent state. But their deaths Army soldiers confiscating food and livestock IN THE HOUSE OF REPRESENTATIVES were not in vain—the fight for Ukrainian free- from the people. Eyewitnesses reported the dom continued on and on August 24, 1991 depopulation of entire villages. Thursday, November 8, 2001 Ukraine finally declared its independence from Even today the Ukrainian population has not Mr. BLUMENAUER. Mr. Speaker, This the Soviet Union. yet fully recovered. For decades after these week, Major League Baseball owners voted to

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.047 pfrm04 PsN: E08PT1 E2046 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 eliminate two teams prior to the start of the granddaughters, whom they hope are the start No. 74’s ‘‘Man of the Year.’’ It is a distinct 2002 season. If the owners have their way, of a third generation of successful Barner privilege to recognize Marie as a fine example two communities that have poured their hearts dairy farmers. Mr. Barner has said two of his of selfless service on behalf of her community. and money into their teams and stadiums will grandsons, Dusty and Cody, often help with It was once said that Marie Gallo is a giver, be feeling worse than the residents of Mudville chores around the dairy. always. She is determined that her life has a after the mighty Casey struck out—at least the The Barners often open the farm for hands- purpose, and she sweeps the rest of us along fans of the Mudville nine were able to look for- on lessons for visiting agriculture students with her. No project is too enormous; no chal- ward to next year. from the University of Tennessee at Martin, as lenge goes unmet. The Give Fans a Chance Act of 2001 gives well as students visiting from nearby elemen- The list of service organizations that she be- communities a voice when sports team own- tary and secondary schools. longs to is impressive. She has been honored ers attempt to relocate or eliminate a team. Mr. Speaker, please join me in honoring Mr. by the Modesto Symphony Guild for her many This legislation recognizes the fact that profes- and Mrs. James Barner and their family for years of support and faithful service on the sional sports teams are an integral part of the their years of hard work on their Weakley Board of Directors. Like the Gallo Foundation fabric that makes up our communities. Fans County dairy farm and their dedicated service and other family members who support count- often have more than just an emotional attach- to their West Tennessee neighbors. less causes in Modesto, she’s often a silent ment to their teams. Taxpayers frequently pay f benefactor. As a board member she instituted hundreds of millions of dollars to finance sta- the very successful ‘‘Picnic at the Pops’’ on diums to keep teams in place. For example, in 226TH BIRTHDAY OF THE UNITED the grounds of the Gallo Winery and is re- Houston, the public financed $180 million of STATES MARINE CORPS sponsible for instituting the Symphony Guild’s the $250 million Enron Field. In Seattle, ‘‘Holiday Overture’’ which is held at the Gallo Safeco Field was constructed at a cost of over HON. ANDER CRENSHAW Winery administration building during the holi- $500 million with $340 million publicly fi- OF FLORIDA day season. nanced. Additionally, fans spend millions of IN THE HOUSE OF REPRESENTATIVES Marie is also involved in community activi- ties including chairing projects, hosting lunch- dollars on tickets, merchandise, and other Thursday, November 8, 2001 services surrounding the operation of fran- eons, serving on boards, and ringing Salvation chises. Mr. CRENSHAW. Mr. Speaker, I rise today Army bells. She is a driving force behind fund- There probably has never been a better ex- to honor the men and women of the United ing and building the Gallo Performing Arts ample of the link between the spirit of a com- States Marine Corps in celebration of the Center in Modesto. munity and its sports teams than New York. Corps’ 226th birthday. As our Nation reacts to She has been honored by the Anti Defama- The Yankees, Mets, Giants, Jets, Islanders, the terrorist attacks of September 11, our tion League for her work in bringing all races Rangers, and Knicks have all helped bring the armed forces have been asked to fight the first and classes of people together. She is a community together and deal with the tragedy war of the 21st Century, a war like no other founding member of the Auxiliary of the Sis- that struck the city on September 11, 2001. America has had to endure. ters of the Cross and was instrumental in The memorable World Series just completed Marine Corps personnel are not adverse to bringing the contemplative order to Stanislaus between the Arizona Diamondbacks and the new types of war, making up America’s unique County. She also belongs to the Catholic So- New York Yankees has in fact helped the na- capability of an amphibious fighting force from cial Service Guild and Father John Silva Edu- tion heal in the wake of the terrorist attacks. the sea. United States Marines are symbols to cation Foundation. The Give Fans a Chance Act accomplishes the world of American honor, strength and Marie and her husband, Bob, along with three important objectives. The bill: (1) elimi- character. Their lineage tells a story of the their eight children have set examples for our nates league rules that disallow public owner- most difficult wars and conflicts the United communities to follow. I am proud to call Marie ship of sports team franchises; (2) gives com- States has ever fought. my friend and honor her for service to our munities a voice in team relocation decisions; I am honored to represent active duty, re- community. I ask my colleagues to rise and and (3) ties broadcast antitrust exemptions to serve, retired and former Marines in the 4th join me in honoring Marie Gallo. the bill’s requirements. Congressional District of Florida. Their con- f This legislation makes professional sports tribution to the local communities and overall leagues and their team owners appropriately mission of the armed forces enables the citi- STATEMENT OF GRATITUDE consider the communities of which they are a zens of this great nation to reap the benefits part. Taxpayers and fans contribute soul and of freedom. HON. PAUL RYAN money to the teams of their communities and The active duty Marines in my district per- OF WISCONSIN they deserve a voice when the threat of team form the vital mission of supporting forward IN THE HOUSE OF REPRESENTATIVES deployed Marine Corps personnel with sus- relocation or elimination steps into the batter’s Thursday, November 8, 2001 box. tainable wartime supplies out of Blount Island Mr. RYAN of Wisconsin. Mr. Speaker, the f Command in Jacksonville, FL. These Marines are tasked with coordinating and executing a events of the past months have changed both HONORING MR. AND MRS. JAMES supply chain of warfighting tools required to our world and our lives. Without warning, this BARNER perform their combat amphibious mission. country’s civilians found themselves on the On November 10, the Marine Corps will cel- front lines in the war against terrorism. But our HON. JOHN S. TANNER ebrate the birth of an organization with a he- American spirit has prevailed. Though unprec- OF TENNESSEE roic legacy of protecting the values that built edented obstacles continue to confront us, IN THE HOUSE OF REPRESENTATIVES this great Nation. As we celebrate this birthday Americans have joined together to overcome let us also remember those that have given these difficulties. Where terrorists hoped to di- Thursday, November 8, 2001 the ultimate sacrifice for freedom. vide us in chaos, our dedication to persevere Mr. TANNER. Mr. Speaker, I rise today in To all Marines, I say Happy Birthday and made us stronger than ever. honor of my dear friends, the Barner family, offer the words of Admiral Nimitz regarding the The Members and staff of the House Ad- who have worked as West Tennessee dairy make up of a United States Marine, ‘‘Among ministration Committee along with the Chief farmers for more than four decades. the men who fought on Iwo Jima, uncommon Administrative Officer and his staff, the Attend- James and Lois Barner, married for 53 valor was a common virtue.’’ ing Physician, and our friends at the General years now, began dairying on a farm in Ken- f Accounting Office made a vital contribution to ton, TN, more than 40 years ago. Eight years battling the recent terrorist strike on our coun- later, they moved their operation to nearby HONORING MARIE GALLO try. When a suspicious letter containing an- Martin, TN, which has been home to Barner & thrax caused members of Senate Majority Sons Dairy ever since. HON. GARY A. CONDIT Leader TOM DASCHLE, Senator RUSSELL D. The couple’s three sons Donnie, Ray, and OF CALIFORNIA FEINGOLD’s staff, and members of the Capitol Doug now oversee most of the dairy farm’s IN THE HOUSE OF REPRESENTATIVES Police Department to test positive for expo- daily operations, but James and Lois Barner sure, the Capitol complex closed so that an continue to help with the over 500 head of Thursday, November 8, 2001 environmental sweep of the buildings could be Holstein cattle currently raised at the farm. Mr. Mr. CONDIT. Mr. Speaker, I rise today to conducted as a precautionary measure. While and Mrs. Barner have four grandsons and two honor Marie Gallo as American Legion Post the Congressional office buildings remained

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.051 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2047 closed much longer than had been originally INTERNATIONAL FUND FOR organization was established in 1991 to ex- expected, thanks to everyone’s efforts, Con- IRELAND pand business in downtown Dayton and to gress itself was able to remain active and not make the city center a more pleasant place to fulfill the terrorists’ goals. HON. JOSEPH CROWLEY live, work, and shop. The Partnership has also supported expanding cultural and entertain- I want to thank everyone who assisted in al- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ment opportunities in downtown. lowing my staff to conduct business from the David also served as chairman of the Thursday, November 8, 2001 GAO offices while our own offices in the Long- RiverScape Development Team and helped worth building were closed. Because of their Mr. CROWLEY. Mr. Speaker, I rise today in raise $28 million to revitalize the downtown generosity and flexibility, the criminals behind support of the gentlelady’s motion. river front area. The result is a beautiful scenic the spread of anthrax failed in their attempt to Last year Mrs. LOWEY and I, working with and recreational area along the Great Miami Chairman CALLAHAN, Mr. WALSH and Speaker disrupt democracy and bring the American River that offers a variety of activities, pro- HASTERT were successful in obtaining an ap- gramming, and sites, including a fountain that government to a halt. In this way, they played propriation of $25 million for the International an important role in the ongoing war on ter- shoots streams of water 200 feet in the air as Fund for Ireland. Funding for this project has a backdrop for laser shows. rorism. I greatly appreciate their willingness to never been as integral to the viability of a last- Under his direction, Reynolds and Reynolds accept some inconveniences in order to ing peace in Northern Ireland, as it is right spent millions of dollars restoring historic achieve a greater goal—to keep America now. buildings in downtown Dayton near the com- working. Since the creation of the Northern Ireland pany headquarters. Assembly, the practice of crisis politics has Several years ago, David asked to meet f been the norm, more often than the exception. with me to generate support for the In recent days, however, the Nationalists and RiverScape project. I was deeply impressed MY AMERICA the Unionists have finally arrived at a point with his plans and I immediately agreed to that will allow them to move forward. help. Looking back now, it is easy to forget I commend the IRA for their historic an- that in those days it took a lot of courage to HON. BOB STUMP nouncement of disarmament. put so much energy into downtown Dayton de- I would also like to express my support for OF ARIZONA velopment when so many people thought it the election of Mark Durkan as Deputy First was a lost cause. IN THE HOUSE OF REPRESENTATIVES Minister, and the reelection of David Trimble David’s other civic contributions include as First Minister. chairing Dayton’s 1992 United Way campaign, Thursday, November 8, 2001 After several difficult days, I am pleased to one of the most successful United Way drives see that the parties have resolved the latest Mr. STUMP. Mr. Speaker, we are fortunate in Dayton history. He served on numerous impasse and returned to the bargaining table. boards of directors of local charitable and edu- to have talented people all across this Country Despite the tremendous strides that have cational organizations. who are able to take the patriotism and appre- been made by both sides in Northern Ireland, David is currently chairman of the board for ciation each of us feel for America, our free- it is difficult to celebrate these achievements The Reynolds and Reynolds Company. He doms and liberty and translate them into word while people are still being murdered in the served as president and chief executive officer and song. Among those talented folk is Gary streets of Belfast. When Ulster political leaders from 1989 until May 1999. At the same time disagree, they debate, vote, and sometimes Davis, who I have had the pleasure of know- he donated his time to Dayton, he was an out- walk away from the bargaining table. When ing for many years, and whose singing and standing businessman, leading Reynolds and Unionists and Nationalists on the ground dis- songwriting career I have had the pleasure of Reynolds through explosive growth. following. agree, people die. The International Fund for Ireland promotes Tomorrow, on November 9, 2001, the I proudly commend the lyrics of Gary’s contact, cooperation and reconciliation be- Downtown Dayton Partnership will honor song, ‘‘My America,’’ to my colleagues as a tween Unionists and Nationalists in Northern David during a ceremony at Dayton’s wonderful expression of what makes our Ireland. RiverScape. I offer him my congratulations and thanks for the work he has done on be- Country so great. By working together on issues of mutual concern such as building a strong economy, half of our community. However, the real and maintaining safe neighborhoods, the fund monument to his achievement is not our MY AMERICA helps secure peace where it must begin. words, but the landscape of Dayton that will ‘‘She’s always there to lend a hand Through person to person contact. be forever changed because of his efforts. Where evil forces breed IFI is a crucial instrument in ending the f An’ she’s the last to turn away cycle of hate and violence that has consumed VETERANS DAY A friend in time of need Northern Ireland for far too long. Therefore, it Her shoulders bear the burden is essential that the Committee continue to Of the helpless and the weak fund IFI in the amount of $25 million, and sup- HON. BOB SCHAFFER That’s why I love My America port the stronger language passed in the OF COLORADO ‘‘Her flag is first in battle House version of this bill. The future of the IN THE HOUSE OF REPRESENTATIVES For the cause of liberty children of Northern Ireland hangs in the bal- Her children die on distant shores Thursday, November 8, 2001 So others’ may live free ance. We cannot let them down. Mr. SCHAFFER. Mr. Speaker, Abraham Lin- She’s suffered more for freedom I urge my colleagues to support this motion. coln once said ‘‘let us have faith that right Still, she turns the other cheek f makes might; and in that faith let us to the And, that’s why I love My America TRIBUTE TO DAVID R. HOLMES end, dare to do our duty as we understand it.’’ ‘‘Her spirit never waivers President Lincoln was no stranger to the price And, her heroes never cease HON. TONY P. HALL of liberty. The largest war on American soil Her awesome wrath is tethered was fought before his eyes. OF OHIO By her greater love for peace During this time when Americans are again Her arms embrace the weary, IN THE HOUSE OF REPRESENTATIVES answering the call to protect our beloved na- The hopeless, and the meek Thursday, November 8, 2001 And, that’s why I love My America tion, it is imperative the House appropriately (That’s why I love My America) Mr. HALL. Mr. Speaker, I rise to honor recognize and thank those who so valiantly ‘‘With her enduring courage David R. Holmes, an outstanding civic leader and selflessly served this great nation. And, God’s almighty hand in Dayton, Ohio, within my district. David’s vi- The comforts and prosperity enjoyed today She’d storm the fiery gates of hell sion, energy, and commitment have been a have been dearly purchased with American And boldly, take command driving force for development in Dayton during blood. Freedom, justice, and liberty are more Her victory bells would tell the world the last decade, especially in the downtown than mere slogans. They are principles that ‘United, We Will Stand’ area. have drawn the ire of America’s enemies be- And, that’s why I love My America.’’ David was a founder and co-chairman of the ginning with King George and the British (Copyright 2001, Gary Davis) Downtown Dayton Partnership. This nonprofit Army.

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.055 pfrm04 PsN: E08PT1 E2048 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2001 On November 11th, Veterans’ Day, Ameri- STATEMENT IN SUPPORT AND suited to serve as a gateway for commerce cans pay solemn respects to the men and RECOGNITION OF THE DETROIT between the United States and the Arab women in uniform who have served faithfully ECONOMIC SUMMIT states. At the same time, Michigan-based through peace, war, and now terror. Even companies are leading the way in increasing though many have defined the present war on HON. JOHN D. DINGELL the volume of two-way trade and investment: terrorism as uncharacteristic, the enemies are OF MICHIGAN everything from large-scale endeavors like substantially the same. They are evil people IN THE HOUSE OF REPRESENTATIVES CMS Energy’s pioneering work in producing power and desalinated water in the Arabian who would attempt to change America’s poli- Thursday, November 8, 2001 cies through fear and intimidation. History is Gulf or Ford’s exports to the region, to small- replete with such tyrants. Mr. DINGELL. Mr. Speaker, today I wish to scale imports of goods and wares from the re- call the House’s attention to an important gion to the Detroit area. Even after years of relative peace, the event that will take place next week in the Much like Miami has become the hub for American military is the envy of the world. It heart of Michigan—the Detroit Economic Sum- economic ties between the United States and is the best trained, the most technologically mit. On November 14–15, 2001, representa- Latin America, The Detroit/Dearborn area is advanced, and the best equipped. Their cause tives of a variety of senior officials from Arab well on the path toward establishing itself as has always been just. Without America’s vet- countries and political organizations, Michigan- America’s bridge to the Arab World. I urge my erans, we would not have a nation worth de- based companies, and the leadership and colleagues to join me welcoming the partici- fending today. rank-and-file members of the Arab American pants of the Economic Summit to Michigan Yes, the challenge posed by the barbarians and community organizations in the Detroit and wishing them well as they continue with of terror is no match for the strength of our and Dearborn area will assemble for a series their vital work. I would also ask that the military, but it is also inferior to the spirit of the of events devoted to promoting trade and eco- House acknowledge the hard work and vision American people. This nation has not forgot- nomic ties between the United States and the of the organizers of this event, the Arab Amer- ten the heroism of its veterans. It cannot and countries of the Near East. ican Chamber of Commerce. will not ignore their contributions. This is what The Summit is being spearheaded by the f Veterans’ Day is all about. American Arab Chamber of Commerce in Dearborn, which has worked hard to draw in HUMAN-RIGHTS ACTIVIST While we live in the most prosperous and the talents of like-minded organizations, busi- DETAINED IN INDIA blessed nation on earth, the events of Sep- nesses and institutions such as the Detroit Re- tember 11th are a solemn reminder that our gional Chamber of Commerce, the CMS En- HON. EDOLPHUS TOWNS struggle is not yet over. On November 11th, ergy Corporation, the Detroit Medical Center, just one year ago, most Americans gathered OF NEW YORK the Ford Motor Company, and others. The IN THE HOUSE OF REPRESENTATIVES and thanked God for giving our nation peace. Summit will feature the participation of the Thursday, November 8, 2001 From Him, America’s veterans drew the full Secretary General of the Arab League, His measure of courage during times of greatest Excellency Amre Moussa, who is leading a Mr. TOWNS. Mr. Speaker, the Indian gov- peril. delegation consisting of the distinguished Am- ernment recently detained Mrs. Paramjit Kaur Thanks to America’s veterans, the children bassadors of the Arab countries. Working col- Khalra, widow of a human-rights activist and a of tomorrow will give thanks again for living in lectively, and drawing from their deep experi- human-rights activist in her own right, along a great nation at peace. The next generation ence in both politics and commerce, the orga- with six other human-rights activists, including will be part of a country that will not be intimi- nizers and participants in these events are all the Vice President of the Punjab Human rights dated by terrorism. They will inherit an Amer- working for a common, and in my view, very Organization (PHRO), Kirpal Singh Randhawa. ica which refused to look the other way when important objective: establishing the Detroit/ They were apparently arrested under TADA, confronted by evil. Dearborn area as the gateway for American the repressive ‘‘Terrorist and Disruptive Activi- trade, investment and commerce with the ties Act, ’’ which expired in 1995. Now India On the eleventh hour, of the eleventh day, Near East region. has promulgated an even worse law, known of the eleventh month, of 1918 the soldiers of As many of our colleagues know, Mr. as POTO, which would make advocating the ‘‘The Great War’’ said goodbye to battlefields Speaker, the Near East region holds a vast breakup of India a ‘‘terrorist offense’’ and with names like Flanders, Verdun, and wealth of potential as an investment destina- would allow the arrest of journalists for pub- Ardennes. Many believed WWI would be the tion and trading partner for businesses, finan- lishing information critical of the government. ‘‘war to end all wars.’’ Unfortunately, they were cial institutions and investors from the United Is this the kind of law promulgated in a demo- perhaps, too optimistic, for aggression has States. Many of the governments of the region cratic and free society? been displaced. have made significant strides in adopting You may remember, Mr. Speaker, that the At this time in our history, Americans no clearer and more transparent trade, invest- President of the PHRO, Judge Ajit Singh longer have the luxury of ignoring the price of ment and regulatory regimes and have made Bains, testified several years ago before the liberty. The men and women at the Pentagon, corresponding efforts to privatize state-owned Human Rights Caucus of the House and was the World Trade Center, and those who fight industries and open up their economies. very impressive. After his testimony, you could on land, sea, and air throughout the world These efforts have helped to diversify and in- have no doubt that Punjab under Indian rule is have reminded all of us that we have all inher- crease the levels of economic interaction be- a very tyrannical state. ited a sacred privilege. tween the United States and the region, and Mrs. Khalra is the widow of Jaswant Singh Khalra, who exposed the Indian government’s In a letter to the mother of fallen soldiers, with the concerted efforts of those who are policy of mass, secret cremations of Sikhs. Lincoln prayed comfort for the families of participating in the Summit, there is good This policy has been called ‘‘worse than a those who laid ‘‘so costly a sacrifice upon the cause to anticipate further growth and expan- genocide’’ by the Punjab High Court. For ex- altar of freedom.’’ As much as our thoughts sion. The promotion of trade and investment is posing it, Mr. Khalra was kidnapped from his and prayers are with those who have already important not only for its impact on economic house in Amritsar in September 1995 and tor- been lost and the legions more who are enter- growth, employment, and standards of living in tured to death. None of the police officers re- ing this fight, each and every American should the United States and the Near East. Stronger sponsible has ever been punished. Now Mrs. also turn their thoughts to those families who economic ties also bring forth associated ben- Khalra’s efforts to continue her husband’s remain behind. efits, such as a greater appreciation of cultural work have gotten her arrested. It is clear that This year especially, as the nation cele- and religious distinctions of the American and she and the other human-rights activists were brates Veterans’ Day, it is important to give Arab peoples. As economic activity extends arrested to prevent their participation in polit- thanks and to take inspiration from the great across borders in the region and with the ical events and stop public protest. India still sacrifices of the brave men and women who United States, the prospects for peace, sta- believes, after all the bloodshed, that it can in- have delivered, and are today protecting our bility, and common understanding are likewise timidate the Sikhs and other minorities such mighty nation. In commemorating the achieve- advanced. In times such as these, I trust that as the Christians of Nagaland, the Muslims of ments of America’s veterans, we should re- all of us will appreciate the importance of Kashmir, and others into submission to Hindu commit our own lives, our fortunes, and our achieving these objectives. supremacy. sacred honor to maintenance of liberty—just As the home to hundreds of thousands of It is not a good time to be a widow in India, as the veterans we honor have so nobly done. Arab Americans, the Detroit area is naturally Mr. Speaker. First the Indian government tried

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.059 pfrm04 PsN: E08PT1 November 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2049 to expel the widow of missionary Graham early nineteen eighties thousands of Sikhs We could tell it had been a while since you Staines from the country, and now they are have suffered illegal arrest, detention, tor- had slept harassing Mrs. Khalra. This is Indian democ- ture, and murder at the hands of state and Thank you, Old Flag, for seeing this through racy in action, and it is not pretty. government officials. Arresting human Another crisis for me and you. rights activists like Mrs. Khalra and lawyers Old Glory they call you and, Oh, what a There was one eyewitness to the kidnap- involved in important human rights cases, name ping of Jaswant Singh Khalra, a man named once again prevents public scrutiny of the With all your splendor and all your fame. Rajiv Singh Randhawa. Last year, he was ar- realities of present day Punjab. Recently a You’ve stood with us and have held our hand rested in front of the Golden Temple in Amrit- professor by the name of Davinder Singh was God Bless America, United We Stand! sar for trying to hand a petition to the British prosecuted under the Terrorist and Disrup- Auxiliary member, Edythe Owston, is not a tive Activities Act, an Act which was pur- Home Minister. In light of repeated incidents native Tennessean, but has become a vital like this, India should be embarrassed to pro- portedly repealed in 1995. Despite the United Nations condemning India’s laws, and evi- part of the community since moving from Cali- claim itself ‘‘the world’s largest democracy.’’ fornia in 1994. The events of September 11 Mr. Speaker, the United States should not dence of coercion and torture of the accused for the purposes of extracting a confession, moved her to write a poem, entitled ‘‘Our sit idly by and let these acts of repression go Mr. Singh has been sentenced to the death Great Country.’’ on without consequences. Our government penalty. In India, the new Prevention of Ter- must immediately press for the release of Mrs. rorism Ordinance (POTO) seeks to fill the OUR GREAT COUNTRY Khalra and the 52,000-plus Sikh political pris- void created following the lapsing of TADA, (By Edythe Owston) oners currently being held without charge or and makes the TADA legislation look mild. Our ancestors came from overseas, trial in India, as well as the thousands of other POTO provides for suppression of informa- When they landed here they fell to their political prisoners of other nationalities. All of tion and therefore makes journalists subject knees. them must be released. If they are not, I urge to terrorism charges if they publish informa- They were given the freedom they did not tion unfavorable to the government. It them to secure their release by running for po- know, makes the disclosure of information to po- Thankfulness and prayers they had to show. litical office from their jail cells. lice investigators mandatory with prison In addition, America should stop its aid to They made a great nation, for which we are terms of up to three years for non compli- proud, India and support an internationally-supervised ance. Under the POTO citizens of Punjab will Prejudice and hatred should not be allowed. vote on the political status of Punjab, be forced to live in a police state that is even Now let’s work together to keep this land Khalistan, of Kashmir, of Nagalim, and of all more brutal than the last two decades. blessed. the countries seeking their independence. Re- We need your urgent assistance to let the It will happen if we all do our best. member that India promised in 1948 to hold a Indian government know that democratic So three cheers for red, white, and blue, nations will not tolerate such abuses of inno- plebiscite in Kashmir, a promise it has not This great country that belongs to me and cent citizens and such shameless violations you. kept. It is time for India to start acting like a of civilian rights from a Commonwealth democracy. This vote would be a good way to partner. Please take every action possible to start. obtain the immediate release of Mrs. Khalra f Mr. Speaker, I have here an Urgent Action and six other lawyers, and to repeal the Request from the Canadian branch of the death penalty sentence against Davinder PAYING TRIBUTE TO JOHN World Sikh Organization demanding the imme- Singh. Your active and vocal response to CONWAY diate release of Mrs. Khalra. It was brought to these travesties of justice are imperative to me by Dr. Gurmit Singh Aulakh, President of the future of all civilians in India. HON. SCOTT McINNIS the Council of Khalistan. I would like to place f OF COLORADO it in the RECORD to show my colleagues the POEMS BY WENDELL PIGG AND IN THE HOUSE OF REPRESENTATIVES real workings of Indian democracy. EDYTHE OWSTON Thursday, November 8, 2001 URGENT ACTION REQUEST OTTAWA, NOVEMBER 3, 2001.—The World Sikh HON. ED BRYANT Mr. McINNIS. Mr. Speaker, it is with a sol- Organization requests your immediate as- emn heart that I like to take this opportunity to sistance to procure the release of Mrs. OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES pay tribute to one of the true pioneers in Colo- Laswant Singh Khalra and six other human rado’s ski industry. Mr. John Conway recently rights activists and lawyers who were ar- Thursday, November 8, 2001 passed away from natural causes at the age rested by the Indian police on November 2, 2001. It is known that these individuals were Mr. BRYANT. Mr. Speaker, I am proud to of 84, and as his friends and family mourn his arrested to prevent their participation in po- share with the Members of the House of Rep- passing, it is only appropriate that we thank litical events in Punjab, and to prevent pub- resentatives two excellent poems written by John for his contributions to the Vail area and lic protest. Mrs. Khalra’s husband, Jaswant my constituents. Both are members of Unit 19, the State of Colorado. Singh was the lead investigator who uncov- American Legion Auxiliary in Columbia, TN. Mr. Conway was a major figure in the cre- ered illegal cremation grounds maintained Post Commander Wendell Pigg, grew up on a ation of the Vail ski area. He began by serving throughout Punjab by police. Mr. Khalra and farm in Maury County and served our Nation as a real estate appraiser in the 1950’s. As Mr. Jaspal Singh Dhillon both leaders of the during the Korean war. Despite ill health at Human Rights Wing of the Shiromani Akali the idea for creating the ski area that is now Dal were arrested, and presumably tortured times, his love of country and devotion to his Vail took shape, John began finding land suit- by the very same Punjab Police they sought community has never waned. He was so able for the resort. to prosecute. Mr. Khalra was tortured to moved by the happenings of September 11, John was tasked with the responsibility to death, and now Mrs. Khalra and six others 2001, that 3 days later he wrote a poem enti- personally convince ranchers and farmers of have been arrested under a charge of ‘‘threat tled ‘‘Our Flag, Old Glory.’’ the need for a ski resort in the area. Working to the peace’’. side-by-side with the landowners, John con- Soft-spoken and peaceful, Mr. and Mrs. OUR FLAG, OLD GLORY Khalra visited with Canadian and American (By Wendell Pigg) vinced the different owners to sell their land to politicians, including Canadian Prime Min- You’ve been shelled and shot and battered the corporation that came to be known as Vail ister Jean Chretien to apprize them of ongo- around Associates. The steps that John took to put to- ing oppression in Punjab. Providing evidence Burned and cast upon the ground gether the foundation for Vail ski area was a of the disposal grounds for thousands of un- You’ve had terrorists attack you and tear necessary step to making Vail ski area one of identified Sikhs murdered by Indian officials you down, the premier ski destinations in the nation and with the support of central government, Mrs. Lifted you up and bent you around. the world. Khalra has been an outspoken activist since You’ve been mistreated on land and on sea the murder of her husband. Nonetheless the You have always gotten up for us to see. Mr. Speaker, it is with profound sadness central Indian government has been seeking I saw you today, at half-mast you stood that we remember John Conway. His vision, general amnesty for the police officers in- I noticed you really didn’t look so good. dedication and service to the resort industry volved in the cremation grounds and thou- Tears were seen falling as our Old Glory has allowed Vail to become a popular and sands of other illegal executions. Since the wept. successful ski area in the State of Colorado.

VerDate 112000 04:01 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.062 pfrm04 PsN: E08PT1 Thursday, November 8, 2001 Daily Digest

HIGHLIGHTS Senate passed Intelligence Authorization Act. Senate agreed to VA/HUD Appropriations Conference Report. The House agreed to the conference report on H.R. 2620, VA, HUD Ap- propriations. Senate 2883, to authorize appropriations for fiscal year 2002 Chamber Action for intelligence and intelligence-related activities of Routine Proceedings, pages S11567–S11635 the United States Government, the Community Measures Introduced: Seventeen bills and one reso- Management Account, and the Central Intelligence lution were introduced, as follows: S. 1653–1669, Agency Retirement and Disability System, after and S. Con. Res. 81. Pages S11611–12 striking all after the enacting clause and inserting in Measures Reported: lieu thereof the text of S. 1428 (Senate companion Special Report entitled ‘‘Further Revised Alloca- measure), and after agreeing to the committee tion to Subcommittees of Budget Totals for Fiscal amendments and the following amendments pro- Year 2002’’. (S. Rept. No. 107–95) posed thereto: Pages S11568–90 Report to accompany S. 1319, to authorize appro- Adopted: priations for the Department of Justice for fiscal year Graham/Shelby Amendment No. 2115 (to 2002. (S. Rept. No. 107–96) Amendment No. 2114), of a perfectingnature. S. Res. 23, expressing the sense of the Senate that Page S11583 the President should award the Presidential Medal of Smith (NH) Amendment No. 2114, to provide Freedom posthumously to Dr. Benjamin Elijah Mays for new procedures for the removal of alien terrorists in honor of his distinguished career as an educator, and the protection of United States citizens from civil and human rights leader, and public theologian. international terrorism. Pages S11576–83 S. 1094, to amend the Public Health Service Act Graham Amendment No. 2116, to instruct the to provide for research, information, and education Director of Central Intelligence to provide any tech- with respect to blood cancer, with an amendment in nical modifications to existing legal authorities need- the nature of a substitute. ed to facilitate Intelligence Community S. 1459, to designate the Federal building and counterterrorism efforts. Page S11583 United States courthouse located at 550 West Fort Senate insisted on its amendment, requested a Street in Boise, Idaho, as the ‘‘James A. McClure conference with the House thereon, and the Chair Federal Building and United States Courthouse’’. was authorized to appoint the following conferees on S. 1630, to extend for 6 additional months the the part of the Senate: Senators Graham, Levin, period for which chapter 12 of title 11, United Rockefeller, Feinstein, Wyden, Durbin, Bayh, Ed- States Code, is reenacted. wards, Mikulski, Shelby, Kyl, Inhofe, Hatch, Rob- S.J. Res. 28, suspending certain provisions of law erts, DeWine, Thompson, and Lugar; and from the pursuant to section 258(a)(2) of the Balanced Budget Committee on Armed Services: Senators Reed and and Emergency Deficit Control Act of 1985. Warner. Page S11592 Page S11611 Welcoming India’s Prime Minister: Senate Measures Passed: agreed to S. Con. Res. 81, expressing the sense of Intelligence Authorization Act: By a unanimous Congress to welcome the Prime Minister of India, vote of 100 yeas (Vote No. 332), Senate passed H.R. Atal Bihari Vajpayee, on the occasion of his visit to

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VerDate 11-MAY-2000 03:57 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO1.REC pfrm04 PsN: D08NO1 D1118 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 2001 the United States, and to affirm that India is a val- Nominations Received: Senate received the fol- ued friend and partner and an important ally in the lowing nominations: campaign against international terrorism. David W. McKeague, of Michigan, to be United Pages S11630, S11633 States Circuit Judge for the Sixth Circuit. VA/HUD APPROPRIATIONS—CONFERENCE Susan Bieke Neilson, of Michigan, to be United REPORT: By 87 yeas to 7 nays (Vote No. 334), States Circuit Judge for the Sixth Circuit. Senate agreed to the conference report on H.R. Henry W. Saad, of Michigan, to be United States 2620, making appropriations for the Departments of Circuit Judge for the Sixth Circuit. Ralph R. Beistline, of Alaska, to be United States Veterans Affairs and Housing and Urban Develop- District Judge for the District of Alaska. ment, and for sundry independent agencies, boards, Claude M. Bolton, Jr., of Florida, to be an Assist- commissions, corporations, and offices for the fiscal ant Secretary of the Army. year ending September 30, 2002, clearing the meas- 2 Air Force nominations in the rank of general. ure for the President. Pages S11594–S11603 A routine list in the Army. Page S11635 Nomination—Agreement: A unanimous-consent- Messages From the House: Page S11610 time agreement was reachedproviding for the consid- eration of the nomination of Edith Brown Clement, Executive Communications: Pages S11610–11 of Louisiana, to be United States Circuit Judge for Executive Reports of Committees: Page S11611 the Fifth Circuit, at 2:15 p.m., on Tuesday, Novem- Additional Cosponsors: Page S11612 ber 13, 2001, with a vote on confirmation of the nomination to occur at 2:30 p.m. Page S11590 Statements on Introduced Bills/Resolutions: Pages S11612–30 Messages From the President: Senate received the following message from the President of the United Additional Statements: Pages S11609–10 States: Amendments Submitted: Pages S11630–31 Transmitting, pursuant to law, the Calendar Year Authority for Committees to Meet: 1999 reports on activities under the National Traffic Pages S11631–32 and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, and the Motor Vehicle Informa- Privilege of the Floor: Page S11632 tion and Cost Savings Act of 1972; to the Com- Record Votes: Three record votes were taken today. merce, Science, and Transportation. (PM–55) (Total–334) Pages S11587, S11592, S11603 Page S11610 Adjournment: Senate met at 10 a.m., and ad- Nominations Confirmed: Senate confirmed the fol- journed at 6:02 p.m., until 10 a.m., on Friday, No- lowing nominations: vember 9, 2001. (For Senate’s program, see the re- By unanimous vote of 98 yeas (Vote No. 333), marks of the Acting Majority Leader in today’s Terry L. Wooten, of South Carolina, to be United Record on page S11635.) States District Judge for the District of South Caro- lina. Pages S11590–92 Committee Meetings Marvin R. Sambur, of Indiana, to be an Assistant Secretary of the Air Force. (Committees not listed did not meet) Frederico Juarbe, Jr., of Virginia, to be Assistant NEW FEDERAL FARM BILL Secretary of Labor for Veterans’ Employment and Training. (Prior to this action, Committee on Committee on Agriculture, Nutrition, and Forestry: Com- Health, Education, Labor, and Pensions was dis- mittee met and approved Titles VI (Rural Develop- charged from further consideration.) ment) and VII (Agricultural Research, Education, Jay B. Stephens, of Virginia, to be Associate At- and Extension and Related Matters) of S.1628, to torney General. strengthen the safety net for agricultural producers, Mary L. Walker, of California, to be General to enhance resource conservation and rural develop- Counsel of the Department of the Air Force. ment, to provide for farm credit, agricultural re- search, nutrition, and related programs, to ensure Sandra L. Pack, of Maryland, to be an Assistant consumers abundant food and fiber. Secretary of the Army. Committee will meet again on Tuesday, Novem- Dale Klein, of Texas, to be Assistant to the Sec- ber 13. retary of Defense for Nuclear and Chemical and Bio- logical Defense Programs. U.S. POSTAL SERVICE R. L. Brownlee, of Virginia, to be Under Secretary Committee on Appropriations: Subcommittee on Treas- of the Army. Page S11635 ury and General Government concluded hearings to

VerDate 11-MAY-2000 03:57 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO1.REC pfrm04 PsN: D08NO1 November 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1119 examine the financial conditions and requests for S. 1593, to authorize the Administrator of the En- emergency funding relating to costs incurred as a re- vironmental Protection Agency to establish a grant sult of the attacks of September 11, 2001 and the program to support research projects on critical in- business impact of these incidents on the U.S. Postal frastructure protection for water supply systems, Service, after receiving testimony from John E. Pot- with an amendment in the nature of a substitute; ter, CEO, Postmaster General, U.S. Postal Service. S. 1608, to establish a program to provide grants to drinking water and wastewater facilities to meet NOMINATIONS immediate security needs, with an amendment in the Committee on Armed Services: Committee ordered favor- nature of a substitute; ably reported the nominations of Dale Klein, of S. 1621, to amend the Robert T. Stafford Disaster Texas, to be Assistant to the Secretary of Defense for Relief and Emergency Assistance Act to authorize Nuclear and Chemical and Biological Defense Pro- the President to carry out a program for the protec- grams, R. L. Brownlee, of Virginia, to be Under Sec- tion of the health and safety of community members, retary of the Army, Marvin R. Sambur, of Indiana, volunteers, and workers in a disaster area; to be an Assistant Secretary of the Air Force, Sandra S. 1622, to extend the period of availability of un- L. Pack, of Maryland, to be an Assistant Secretary of employment assistance under the Robert T. Stafford the Army, and Mary L. Walker, of California, to be Disaster Relief and Emergency Assistance Act in the General Counsel of the Department of the Air Force. case of victims of the terrorist attacks of September NOMINATIONS 11, 2001; S. 1623, to amend the Robert T. Stafford Disaster Committee on Armed Services: Committee concluded Relief and Emergency Assistance Act to direct the hearings on the nominations of R. L. Brownlee, of President to appoint Children’s Coordinating Offi- Virginia, to be Under Secretary of the Army, Dale cers for disaster areas in which children have lost 1 Klein, of Texas, to be Assistant to the Secretary of or more custodial parents; Defense for Nuclear and Chemical and Biological S. 1624, to establish the Office of World Trade Defense Programs, and Peter B. Teets, of Maryland, Center Attack Claims to pay claims for injury to to be Under Secretary of the Air Force, after the nominees testified and answered questions in their businesses and property suffered as a result of the at- own behalf. Mr. Brownlee was introduced by Senator tack on the World Trade Center in New York City Warner, Mr. Klein was introduced by Senator that occurred on September 11, 2001, with an Hutchison, and Mr. Teets was introduced by Senator amendment in the nature of a substitute; Levin. S. 1637, to waive certain limitations in the case of use of the emergency fund authorized by section NOMINATION 125 of title 23, United States Code, for repair or re- Committee on Commerce, Science, and Transportation: construction of highways, roads, and trails that suf- Committee concluded hearings on the nomination of fered serious damage as a result of the attack on the Conrad Lautenbacher, Jr., of Virginia, to be Under World Trade Center in New York City that oc- Secretary of Commerce for Oceans and Atmosphere, curred on September 11, 2001; after the nominee testified and answered questions in S. 1631, to amend the Robert T. Stafford Disaster his own behalf. Relief and Emergency Assistance Act to direct the Director of the Federal Emergency Management BUSINESS MEETING Agency to conduct a study to determine the re- Committee on Environment and Public Works: Com- sources that are needed for development of an effec- mittee ordered favorably reported the following busi- tive nationwide communications system for emer- ness items: gency response personnel, with an amendment; S. 835, to establish the Detroit River Inter- S. 1632, to amend the Robert T. Stafford Disaster national Wildlife Refuge in the State of Michigan, Relief and Emergency Assistance Act to extend the with an amendment; deadline for submission of State recommendations of S. 990, to amend the Pittman-Robertson Wildlife local governments to receive assistance for predisaster Restoration Act to improve the provisions relating to hazard mitigation and to authorize the President to wildlife conservation and restoration programs, with provide additional repair assistance to individuals an amendment in the nature of a substitute; and households; S. 1459, to designate the Federal building and H.R. 643, to reauthorize the African Elephant United States courthouse located at 550 West Fort Conservation Act; Street in Boise, Idaho, as the ‘‘James A. McClure H.R. 645, to reauthorize the Rhinoceros and Federal Building and United States Courthouse’’; Tiger Conservation Act of 1994;

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H.R. 700, to reauthorize the Asian Elephant Con- tenure of service as U.S. Representative to the Con- servation Act of 1997, with an amendment; ference on Disarmament, Christopher Bancroft S. Con. Res. 80, expressing the sense of Congress Burnham, of Connecticut, to be Assistant Secretary regarding the 30th anniversary of the enactment of of State for Resource Management and Chief Finan- the Federal Water Pollution Control Act; and cial Officer, Sichan Siv, of Texas, to be Representa- The nominations of William Baxter, of Tennessee, tive of the United States of America on the Eco- to be a Member of the Board of Directors of the nomic and Social Council of the United Nations, Tennessee Valley Authority, Kimberly Terese Nel- with the rank of Ambassador, and an Alternate Rep- son, of Pennsylvania, to be an Assistant Adminis- resentative of the United States of America to the trator of the Environmental Protection Agency, and Sessions of the General Assembly of the United Na- Steven A. Williams, of Kansas, to be Director of the tions during his tenure of service as Representative United States Fish and Wildlife Service, Department of the United States of America on the Economic of the Interior. and Social Council of the United Nations, and Rich- ECONOMIC RECOVERY ard S. Williamson, of Illinois, to be Alternate Rep- resentative of the United States of America for Spe- Committee on Finance: Committee continued in cial Political Affairs in the United Nations, with the evening session to mark up H.R. 3090, to provide rank of Ambassador, and to be an Alternate Rep- tax incentives for economic recovery, focusing on the resentative of the United States of America to the proposed substitute entitled Economic Recovery and Sessions of the General Assembly of the United Na- Assistance for American Workers Act. tions during his tenure of service as Alternate Rep- NOMINATIONS resentative of the United States of America for Spe- Committee on Foreign Relations: Committee ordered fa- cial Political Affairs in the United Nations, after the vorably reported the nominations of Sichan Siv, of nominees testified and answered questions in their Texas, to be Representative of the United States of own behalf. Mr. Javits was introduced by Senator America on the Economic and Social Council of the Dodd, and Mr. Burnham was introduced by Senators United Nations, with the rank of Ambassador, and Dodd and Lieberman. an Alternate Representative of the United States of BUSINESS MEETING America to the Sessions of the General Assembly of the United Nations during his tenure of service as Committee on the Judiciary: Committee ordered favor- Representative of the United States of America on ably reported the following business items: the Economic and Social Council of the United Na- S. 1630, to extend for 6 additional months the tions, Richard S. Williamson, of Illinois, to be Al- period for which chapter 12 of title 11, United ternate Representative of the United States of Amer- States Code, is reenacted; ica for Special Political Affairs in the United Na- S. Res. 23, expressing the sense of the Senate that tions, with the rank of Ambassador, and to be an the President should award the Presidential Medal of Alternate Representative of the United States of Freedom posthumously to Dr. Benjamin Elijah Mays America to the Sessions of the General Assembly of in honor of his distinguished career as an educator, the United Nations during his tenure of service as civil and human rights leader, and public theologian; Alternate Representative of the United States of and America for Special Political Affairs in the United The nominations of Terry L. Wooten, to be Nations, and Eric M. Javits, of New York, for the United States District Judge for the District of rank of Ambassador during his tenure of service as South Carolina, and John P. Walters, of Michigan, U.S. Representative to the Conference on Disar- to be Director of National Drug Control Policy. mament. NOMINATION NOMINATIONS Committee on Veterans’ Affairs: Committee ordered fa- Committee on Foreign Relations: Committee concluded vorably reported the nomination of Frederico Juarbe, hearings on the nominations of Eric M. Javits, of Jr., of Virginia, to be Assistant Secretary of Labor for New York, for the rank of Ambassador during his Veterans’ Employment and Training.

VerDate 11-MAY-2000 03:57 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO1.REC pfrm04 PsN: D08NO1 November 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1121 House of Representatives Agreed to the Fattah motion to instruct conferees Chamber Action to insist on the House position regarding assistance Measures Introduced: 20 public bills, H.R. with Federal funds for education and training pro- 3252–3271; and 6 resolutions, H. Con. Res. 266, grams in the District of Columbia. Page H7919 and H. Res. 282–285 were introduced. Late Report—Commerce, Justice, State Appro- Pages H7958–60 priations: Conferees received permission to have Reports Filed: Reports were filed today as follows: until Midnight on Friday, Nov. 9 to file a con- Page H7958 ference report on H.R. 2500, making appropriations H.R. 2062, to extend the effective period of the for the Departments of Commerce, Justice, and consent of Congress to the interstate compact relat- State, the Judiciary, and related agencies for the fis- ing to the restoration of Atlantic salmon to the Con- cal year ending September 30, 2002. Page H7918 necticut River Basin and creating the Connecticut Late Report and Order of Business—Agriculture River Atlantic Salmon Commission, amended (Rept. Appropriations Conference Report: Conferees re- 107–274, Pt. 1). ceived permission to have until Midnight on Friday, Guest Chaplain: The prayer was offered by Rabbi Nov. 9 to file a conference report on H.R. 2330, Carole Meyers, Temple Sinai of Glendale, Glendale, making appropriations for Agriculture, Rural Devel- opment, Food and Drug Administration, and Re- California. Page H7911 lated Agencies programs for the fiscal year ending Journal: Agreed to the Speaker’s approval of the September 30, 2002. Further agreed that it be in Journal of Wednesday, Nov. 7 by a yea-and-nay vote order at any time on the legislative day of Tuesday, of 363 yeas to 47 nays with 1 voting ‘‘present,’’ Roll November 13, to consider the conference report, that No. 433. Pages H7915–16 all points of order against it and against its consider- Labor, HHS, and Education Appropriations—Go ation be waived, and that it be considered as read to Conference: The House disagreed with the Sen- when called up. Page H7918 ate amendment to H.R. 3061, making appropria- VA, HUD Appropriations Conference Report: tions for the Departments of Labor, Health and The House agreed to the conference report on H.R. Human Services, and Education, and related agencies 2620, making appropriations for the Departments of for the fiscal year ending September 30, 2002, and Veterans Affairs and Housing and Urban Develop- agreed to a conference. Appointed as conferees: ment, and for sundry independent agencies, boards, Chairman Young of Florida and Representatives commissions, corporations, and offices for the fiscal Regula, Istook, Dan Miller of Florida, Wicker, year ending September 30, 2002, by a yea-and-nay Northup, Cunningham, Granger, Peterson of Penn- vote of 401 yeas to 18 nays, Roll No. 434. sylvania, Sherwood, Obey, Hoyer, Pelosi, Lowey, Pages H7919–41 DeLauro, Jackson of Illinois, and Kennedy of Rhode Earlier, the House agreed to H. Res. 279, the rule that waived points of order against the conference re- Island. Pages H7916–18, H7942 port by voice vote. Page H7919 Agreed to the Obey motion to instruct conferees to insist on the House position to provide no less Legislative Program: The Majority Leader an- than a total of $51,749,765,000 for the Department nounced the Legislative Program for the week of of Education by a yea-and-nay vote of 367 yeas to Nov. 13. Page H7942 48 nays, Roll No. 435. Pages H7941–42 Committee on Veterans’ Affairs: The House District of Columbia Appropriations Act—Go to agreed to H. Res. 282, specifying that Representa- Conference: The House disagreed with the Senate tive Lynch shall rank after Representative Shows on amendment to H.R. 2944, making appropriations the Committee on Veterans’ Affairs. Page H7943 for the government of the District of Columbia and Committee Election: The House agreed to H. Res. other activities chargeable in whole or in part 283, electing Representative Jeff Miller of Florida to against the revenues of said District for the fiscal the Committees on Armed Services and Veterans’ year ending September 30, 2002, and agreed to a Affairs. Page H7943 conference. Appointed as conferees: Chairman Young Meeting Hour—Friday, Nov. 9: Agreed that when of Florida and Representatives Knollenberg, Istook, the House adjourns today, it adjourn to meet at 10 Cunningham, Doolittle, Sweeney, Vitter, Obey, a.m. on Friday, Nov. 9 in pro forma session. Fattah, Mollohan, and Olver. Pages H7918–19 Page H7943

VerDate 11-MAY-2000 03:57 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO1.REC pfrm04 PsN: D08NO1 D1122 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 2001 Meeting Hour—Tuesday, Nov. 13: Agreed that Adjournment: The House met at 10 a.m. and ad- when the House adjourns on Friday, Nov. 9, it ad- journed at 4:14 p.m. journ to meet at 12:30 p.m. on Tuesday, Nov. 13, 2001 for morning hour debate. Page H7943 Committee Meetings Calendar Wednesday: Agreed to dispense with the IMPACT AID Calendar Wednesday business of Wednesday, Nov. 14. Page H7943 Committee on Education and the Workforce: Sub- committee on Education Reform held a hearing on Visit of the Prime Minister of India, Atal Bihari Impact Aid: Ensuring All Children Receive a Qual- Vajpayee, to the United States: The House agreed ity Education. Testimony was heard from public wit- to H. Con. Res. 264, expressing the sense of Con- nesses. gress to welcome the Prime Minister of India, Atal Bihari Vajpayee, on the occasion of his visit to the PREVENTING IDENTITY THEFT BY United States, and to affirm that India is a valued TERRORISTS OR CRIMINALS friend and partner and an important ally in the cam- Committee on Financial Services: Subcommittee on paign against international terrorism. Pages H7943–45 Oversight and Investigations and the Subcommittee Commerce, Justice, State Appropriations—Mo- on Social Security of the Committee on Ways and tion to Instruct Conferees: The House completed Means held a joint hearing on preventing the iden- debate on the Rohrabacher motion to instruct con- tity theft by terrorists or criminals. Testimony was ferees on H.R. 2500, making appropriations for the heard from Philip Bond, Under Secretary, Tech- Departments of Commerce, Justice, and State, the nology, Department of Commerce; the following of- Judiciary, and related agencies to insist on language ficials of the SSA: James G. Huse, Jr., Inspector contained in Section 626 of the House-passed bill General; and Fritz Streckewald, Acting Assistant and Section 623 of the Senate amendment, prohib- Deputy Commissioner, Disability and Income Secu- iting the use of funds in the bill by the Justice De- rity Programs; Barbara Bovbjerg, Director, Edu- partment or the State Department to file a motion cation, Workforce and Income Security, GAO; in any court opposing a civil action against any Jap- Thomas Sadaka, Special Counsel, Office of Statewide anese person or corporation for compensation or rep- Prosecution, State of Florida; and public witnesses. arations in which the plaintiff alleges that, as an HOLOCAUST VICTIMS AND HEIRS–STATUS American prisoner of war during World War II, he OF INSURANCE RESTITUTION or she was used as slave or force labor. Further pro- ceedings on the motion were postponed. Committee on Government Reform: Held a hearing on Pages H7945–50 ‘‘The Status of Insurance Restitution for Holocaust Victims and Their Heirs.’’ Testimony was heard British-American Interparliamentary Group: The from Ambassador J.D. Bindenagel, Special Envoy for Chair announced the Speaker’s appointment of Rep- Holocaust Issues, Department of State; Lawrence S. resentatives Bereuter, Taylor of North Carolina, Eagleburger, former Secretary of State; and public Horn, Green of Wisconsin, Brown of South Carolina, witnesses. Spratt, Price of North Carolina, Pomeroy, Clyburn, and Allen. Page H7950 OVERSIGHT–INTELLECTUAL PROPERTY Presidential Message—Activities of the Depart- LITIGATION ment of Transportation: Read a message from the Committee on the Judiciary: Subcommittee on Courts, President wherein he transmitted the Department of the Internet, and Intellectual Property held an over- Transportation calendar year 1999 reports on activi- sight hearing on ‘‘Intellectual Property Litigation.’’ ties under the National Traffic and Motor Vehicle Testimony was heard from public witnesses. Safety Act of 1966, Highway Safety Act of 1966, NATIONAL SEA GRANT COLLEGE and the Motor Vehicle Information and Cost Savings PROGRAM AMENDMENTS Act of 1972. Referred to the Committees on Trans- portation and Infrastructure and Energy and Com- Committee on Resources: Subcommittee on Fisheries merce. Page H7953 Conservation, Wildlife and Oceans held a hearing on the following measures: H.R. 1071, National Sea Senate messages: Messages received from the Senate Grant College Program Authorization Enhancement appear on page H7951. Act; and the National Sea Grant College Program Quorum Calls—Votes: Three yea-and-nay votes de- Act Amendments of 2001. Testimony was heard veloped during the proceedings of the House today from David Evans, Assistant Administrator, Oceanic and appear on pages H7915–16, H7940–41, and Atmospheric Research, NOAA, Department of H7941–42. There were no quorum calls. Commerce; and public witnesses.

VerDate 11-MAY-2000 03:57 Nov 09, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO1.REC pfrm04 PsN: D08NO1 November 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1123 DECONTAMINATION OF ANTHRAX AND OTHER BIOLOGICAL AGENTS Joint Meetings Committee on Science: Held a hearing on the Decon- APPROPRIATIONS—AGRICULTURE tamination of Anthrax and Other Biological Agents. Conferees agreed to file a conference report on the dif- Testimony was heard from public witnesses. ferences between the Senate and House passed versions of H.R. 2330, making appropriations for EPA RULEMAKING Agriculture, Rural Development, Food and Drug Committee on Small Business: Subcommittee on Regu- Administration, and Related Agencies programs for latory Reform and Oversight held a hearing entitled the fiscal year ending September 30, 2002. ‘‘EPA Rulemaking: Do Bad Analyses Lead to Irra- APPROPRIATIONS—COMMERCE/JUSTICE/ tional Rules?’’ Testimony was heard from public STATE witnesses. Conferees agreed to file a conference report on the dif- OVERSIGHT–RIGHT–TO–KNOW AFTER ferences between the Senate and House passed SEPTEMBER 11TH versions of H.R. 2500, making appropriations for Committee on Transportation and Infrastructure: Sub- the Departments of Commerce, Justice, and State, committee on Water Resources and Environment the Judiciary, and related agencies for the fiscal year held an oversight hearing on Right-to-Know after ending September 30, 2002. September 11th. Testimony was heard from Elaine f Stanley, Director, Office of Information Analysis and COMMITTEE MEETINGS FOR FRIDAY, Access, Office of Environmental Information, EPA; NOVEMBER 9, 2001 and public witnesses. (Committee meetings are open unless otherwise indicated) CHARITABLE ORGANIZATIONS RESPONSE TO TERRORIST ATTACKS Senate Committee on Ways and Means, Subcommittee on No meetings/hearings scheduled. Oversight held a hearing on the Response by Chari- House table Organizations to the Recent Terrorist Attacks. Committee on Government Reform, Subcommittee on Gov- Testimony was heard from Steven Miller, Director, ernment Efficiency, Financial Management, and Intergov- Exempt Organizations Division, IRS, Department of ernmental Relations, hearing on ‘‘Computer Security in the Treasury; Eliot Spitzer, Attorney General, State the Federal Government: How do the Agencies Rate?’’ 10 of New York; and public witnesses. a.m., 2154 Rayburn.

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Next Meeting of the Senate Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, November 9 10 a.m., Friday, November 9

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Pro forma session. ing business.

Extensions of Remarks, as inserted in this issue.

HOUSE Gordon, Bart, Tenn., E2039 Radanovich, George, Calif., E2034, E2037, E2040, E2042 Hall, Tony P., Ohio, E2047 Ryan, Paul, Wisc., E2046 Barcia, James A., Mich., E2041 Holt, Rush D., N.J., E2040 Schaffer, Bob, Colo., E2047 Barrett, Thomas M., Wisc., E2040, E2043 Lee, Barbara, Calif., E2035 Schakowsky, Janice D., Ill., E2033, E2037 Blumenauer, Earl, Ore., E2045 Levin, Sander M., Mich., E2045 Sensenbrenner, F. James, Jr., Wisc., E2034 Bryant, Ed, Tenn., E2049 Luther, Bill, Minn., E2039 Shadegg, John B., Ariz., E2041 Calvert, Ken, Calif., E2038 McCarthy, Carolyn, N.Y., E2033, E2037 Shays, Christopher, Conn., E2043 Cantor, Eric, Va., E2045 McCollum, Betty, Minn., E2036 Shimkus, John, Ill., E2038 Capps, Lois, Calif., E2034, E2038 McGovern, James P., Mass., E2036 Skelton, Ike, Mo., E2044 Carson, Julia, Ind., E2042 McInnis, Scott, Colo., E2035, E2038, E2041, E2043, Smith, Christopher H., N.J., E2043 Clyburn, James E., S.C., E2034 E2049 Stark, Fortney Pete, Calif., E2044 Condit, Gary A., Calif., E2046 McKeon, Howard P. ‘‘Buck’’, Calif., E2041 Stump, Bob, Ariz., E2047 Crenshaw, Ander, Fla., E2046 McNulty, Michael R., N.Y., E2045 Tanner, John S., Tenn., E2046 Crowley, Joseph, N.Y., E2047 Maloney, Carolyn B., N.Y., E2041 Towns, Edolphus, N.Y., E2048 Dingell, John D., Mich., E2048 Moran, James P., Va., E2033 Vela´ zquez, Nydia M., N.Y., E2035 Edwards, Chet, Tex., E2042 Oberstar, James L., Minn., E2035 Woolsey, Lynn C., Calif., E2033, E2039

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